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Portland's FAIR Ordinance Updates to the Multifamily NW Forms Collection

Posted By: Jonathan Clay Industry News , Advocacy Alerts , MFNW Community Updates , Portland ,

Portland’s FAIR ordinances come into effect on March 1st and the Multifamily NW Forms Collection is ready. So far at least 28 forms have either been modified or are brand new in order to comply with the ordinance. To clarify, these changes only apply to rentals within the city of Portland. When in doubt double check your property’s jurisdiction at www.PortlandMaps.com.

The FAIR ordinances fundamentally change standard practice from Oregon Landlord/Tenant laws regarding the resident’s application process and the administration of security deposits. Multifamily NW will continue to offer training opportunities for members to get up to speed on Portland’s FAIR ordinances. Register your spot at www.multifamilynw.org/events/. These new laws are complex and vague, so don’t hesitate to register for a FAIR training.

APPLICATION FORMS AND PROCEDURES

Don’t panic, but there are now four (4) application forms for the City of Portland. This is because of FAIR’s complications that force separate rental criteria for whether or not an applicant desires to apply as a “non-financially responsible” applicant. Additionally, FAIR outlines a “low barrier” criteria and strongly advocates that housing providers adopt it instead of using their standard rental criteria. For these reasons the 4 new Portland rental applications are outlined below. The original application (M002 OR) is still applicable for all Oregon rentals outside of the city of Portland. FAIR also requires additional disclosure language to be attached to every application: “Right to Request a Modification or Accommodation Notice” and “Statement of Applicant Rights and Responsibilities Notice.”

M502 OR Portland Standard Financially Responsible Rental Application – NEW FORM

  • For Portland properties this replaces M002 OR Rental Application
  • The following forms should be attached to this Application:
    PHB01.086.c3b OR Right to Request a Modification or Accommodation Notice
    PHB30.01.086.c3c OR Statement of Applicant Rights and Responsibilities Notice

M503 OR Portland Standard Non-Financially Responsible Rental Application – NEW FORM

  • For Portland properties this replaces M002 OR Rental Application
  • The following forms should be attached to this Application:
    PHB01.086.c3b OR Right to Request a Modification or Accommodation Notice
    PHB30.01.086.c3c OR Statement of Applicant Rights and Responsibilities Notice

M504 OR Portland Low Barrier Financially Responsible Rental Application – NEW FORM

  • For Portland properties this replaces M002 OR Rental Application
  • The following forms should be attached to this Application:
    PHB01.086.c3b OR Right to Request a Modification or Accommodation Notice
    PHB30.01.086.c3c OR Statement of Applicant Rights and Responsibilities Notice

M505 OR Portland Low Barrier Non-Financially Responsible Rental Application – NEW FORM

  • For Portland properties this replaces M002 OR Rental Application
  • The following forms should be attached to this Application:
    PHB01.086.c3b OR Right to Request a Modification or Accommodation Notice
    PHB30.01.086.c3c OR Statement of Applicant Rights and Responsibilities Notice

PHB30.01.086.c3b OR Right to Request Modification or Accommodation Notice – NEW FORM

  • This form should be attached to:
    M502 OR Portland Standard Financially Responsible Rental Application
    M503 OR Portland Standard Non-Financially Responsible Rental Application
    M504 OR Portland Low Barrier Financially Responsible Rental Application
    M505 OR Portland Low Barrier Non-Financially Responsible Rental Application

PHB30.01.086.c3c OR Statement of Applicant Rights and Responsibilities Notice – NEW FORM

  • This form should be attached to:
    M502 OR Portland Standard Financially Responsible Rental Application
    M503 OR Portland Standard Non-Financially Responsible Rental Application
    M504 OR Portland Low Barrier Financially Responsible Rental Application
    M505 OR Portland Low Barrier Non-Financially Responsible Rental Application

 

Also due to the FAIR ordinances, there are new Applicant Screening Adverse Action for Portland and a new Owner/Agent Notice of Denial for Portland. The new M510 OR Portland Applicant Screening Adverse Action form replaces the standard M030 OR Adverse Action form for Portland properties. The new M512 OR Owner/Agent Notice of Denial is used exclusively to notify the applicant of the denial when the owner/agent has been given Supplemental Evidence to additionally consider.

M510 OR Portland Applicant Screening Adverse Action – NEW FORM

  • For Portland properties this replaces M030 OR Applicant Screening Adverse Action

M512 OR Portland Owner/Agent Notice of Denial – NEW FORM

 

SECURITY DEPOSIT ACCOUNTING FORMS

The new Security Deposit Addendum for Portland M516 OR, is necessary for compliance with the FAIR ordinance in Portland. It discloses the required information on the limits and amounts of security deposit collected, as well as the accounts the funds are held in.  Additionally, the new M518 OR Portland Notice of Security Deposit Rights form must accompany the M516 OR Portland Security Deposit Addendum.

M516 OR Portland Security Deposit Addendum – NEW FORM

  • The following form should be attached to this Addendum:
    M518 OR Portland Notice of Security Deposit Rights

M518 OR Portland Notice of Security Deposit Rights – NEW FORM

  • This form should be attached to:

M516 OR Portland Security Deposit Addendum
M528 OR Portland Statement of Deposit Accounting

 

The FAIR ordinances forced the revision of several other move-in forms for Portland rentals. The M520 OR Portland Move-In Accounting replaces the M004 Move-In Accounting, the new M524 OR Portland Condition at Move-In & M526 OR Portland Condition at Move-Out replaces the M007 and M207 Move-In & Out Inspection forms.

M520 OR Portland Move-In Accounting – NEW FORM

  • For Portland properties this replaces M004 OR Move-In Accounting

M524 OR Portland Condition at Move-In – NEW FORM

  • For Portland properties this replaces M007 OR Move-In & Out Inspection and M207 OR Single Family/Condo/Multiplex Move-In & Out Inspection

M526 OR Portland Condition at Move-Out – NEW FORM

  • For Portland properties this replaces M007 OR Move-In & Out Inspection and M207 OR Single Family/Condo/Multiplex Move-In & Out Inspection

The new M522 OR Portland Unit Inventory form was created to provide the necessary template to show the qualified lifespan of amenities in the rental to inform the allowable replacement cost in case of tenant’s damage beyond normal wear & tear. Additionally, the Portland Housing Bureau form “Fixture, Appliance, Equipment and Person Property Depreciation Schedule” must accompany the M522 OR Portland Unit Inventory form - it provides the default formula to follow.

M522 OR Portland Unit Inventory – NEW FORM

  • The following form should be attached to this Unit Inventory:
    01.087.c1 OR Fixture, Appliance, Equipment and Personal Property Depreciation Schedule

PHB30.01.087.c1 OR Fixture, Appliance, Equipment and Personal Property Depreciation Schedule – NEW FORM

  • This form should be attached to: M522 OR Portland Unit Inventory

 

The Maintenance Work Order History form, M530 OR, is a template created to show what repairs have occurred during the tenancy as well as the updated depreciation cost and amount applied to held security deposits. The M518 OR Portland Notice of Security Deposit Rights form must also accompany the M528 OR Maintenance Work Order History form.

M530 OR Maintenance Work Order History – NEW FORM

 

The new M528 OR Portland Statement of Deposit Accounting replaces the M008 OR Statement of Deposit Accounting. The detail of the Unit Inventory and Condition at Move-In and Move-Out forms has been added. Also, the M518 OR Portland Notice of Security Deposit Rights form must also accompany the Portland Statement of Deposit Accounting form.

M528 OR Portland Statement of Deposit Accounting – NEW FORM

  • For Portland properties this replaces M008 OR Statement of Deposit Accounting
  • The following form should be attached to this:
    M518 OR Portland Notice of Security Deposit Rights

 

Portland Housing Bureau created the “Rental History” form that must be served simultaneously with every termination form served to a rental within the city of Portland. This applies to all termination forms, including the commonly used 72-Hour Notice of Termination for Nonpayment of Rent.

PHB30.01.087.f OR Rental History – NEW FORM

  • This form should be attached to Portland termination notices:
    M015 OR 144-Hour Notice of Termination for Nonpayment of Rent
    M019 OR End of Tenancy Notice
    M020 OR 72-Hour Notice of Termination for Nonpayment of Rent
    M021 OR 24-Hour Notice of Termination
    M022 OR 24-Hour Notice of Termination (Unauthorized Occupant)
    M023 OR Notice of For Cause Termination
    M028 OR 10-Day Notice of Termination for Repeat Violations
    M029 OR Notice of Termination for Nonpayment of Rent – HOME Program
    M049 OR Portland End of Tenancy Notice
    M081 OR 10-Day Pet Violation - First Notice
    M082 OR 10-Day Pet Violation - Final Notice
    M083 OR Termination For Cause (90-Day Non-Renew/Termin Fixed-Term for Repeated Violations)
    M084 OR 90-Day Termination For Cause - Qualifying Owner Reason (After 1st Year)
    M085 OR Termination Without Stated Cause (Owner Occupied Property 2 or Less Dwellings) (After 1st Year)

 

These extensive updates to the Multifamily NW Rental Forms Collection require training. There are many regulations of the FAIR ordinances that are not applicable to the forms and must be followed as of the implementation date of March 1, 2020. You’ll find FAIR training opportunities on the Multifamily NW website www.multifamilynw.org/events/.

Click here to download a new Order Sheet to request copies of the triplicate forms sold from the Multifamily NW Office. Alternatively the forms are available electronically via www.RentalFormsCenter.com and the subscription model of www.TenantTech.com.