On Wednesday, March 13th, 2019 Portland City Council voted with an emergency clause to rewrite portions of city code 30.01.085, Portland Renter additional protections to better align its language with the recent passage of SB 608 from the 2019 Oregon Legislature.
These fixes adopted on 3/13/19 included reiterating SB 608's Qualifying Landlord Reason for issuing an End of Tenancy Notice after the 1st year of occupancy, removing a shortened 60-day termination timeline regarding federal mortgage financing for the sale of a property (SB 608 did not make that accommodation), clarified several statements on how certain affordable housing may be exempted, and limited the total amount of Relocation Payment required if both the State payment AND City of Portland is owed.
In order to benefit from a reduced Relocation Payment, the housing provider must pay the total Relocation Payments in full at the time the 90-day End of Tenancy Notice is served. The city’s new language allows a housing provider to deduct the amount of the State Relocation from the amount owed by the city of Portland.
Example: Say that the monthly rent was $1,500 for a 3-bedroom unit. The state requirement would then be $1,500 and the city requirement would be $4,500. The housing provider would reduce the $4,500 city payment by the $1,500 state payment, lowering the city payment to $3,000 and the state payment stays the same at $1,500. The total payment to the tenant would be $4,500.
Previously on March 7th, 2018 Portland City Council again changed the relocation ordinance language, making the rule permanent and removing the 1-unit exemption. Several additional narrow-circumstance exemptions were added. The changes were passed with an Emergency Clause, taking effect immediately. The ordinance mandates payments from the landlord to the tenant when either an End of Tenancy notice is served, or an increase notice of 10% or higher is served, and the tenant then elects to move.
Relocation Assistance is awarded as follows:
$2,900 – Studio or SRO (Single Room Occupancy)
$3,300 – One Bedroom Dwelling Unit
$4,200 – Two Bedroom Dwelling Unit
$4,500 – Three Bedroom or larger Dwelling Unit
Relocation Assistance is triggered by the following two scenarios:
If Relocation is triggered by serving an End of Tenancy notice, the Relocation Assistance is due to the tenant no less than 45 days prior to the termination date.
If Relocation is triggered by serving a rent increase of at least 10%, the tenant may submit their "request for relocation assistance" within the first 45 days of the rent increase notice period. The landlord is then obligated to pay the relocation assistance within 31 calendar days of receiving the tenant's request.
After the tenant receives the relocation assistance triggered by the increase in rent notice, the tenant has six months from the effective date of the rental increase to either:
Relocation Payments apply in these indirect strategies as well:
12 Exemptions Scenarios from Portland's Relocation Ordinance:
Next Exemption Steps
Remember, if the relocation is triggered by a rent increase notice of at least 10%, the payment is due 31 days after tenant’s request for payment has been made. Alternatively, when the relocation is triggered by an End of Tenancy notice the payment is due 45 days after the termination notice has been served (halfway thought the 90-day notice period).
Once a Relocation Payment has been made the landlord is required complete a record of that payment to the PHB.
Multifamily NW has a Relocation Payment Receipt to use for your proof of payment.
A Landlord that fails to comply with any of the Relocation Ordinance requirements are liable to pay to the tenant up to 3 times the monthly Rent as well as actual damages, the Relocation Assistance, reasonable attorney fees and damages.