By Mick Harris
On March 29, 2023, Governor Kotek signed HB 2001 into law. This legislation contained changes to the residential eviction process in nonpayment cases. It is important for landlords and tenants alike to understand these developments.
The housing crisis in Oregon has been a topic of concern for quite some time, with advocates and policymakers searching for ways to maintain housing stability for tenants while respecting the rights of property owners. Nonpayment evictions— where tenants face the risk of losing their homes due to financial struggles—have been a contentious issue, prompting legislative intervention. HB 2001 is a response to this concern that seeks to create a more balanced eviction process.
Key Highlights of HB 2001
- Extended Notice Period: Previously, Oregon law required 72-hour or 144-hour notices for nonpayment of rent. HB 2001 extends the 72-hour period to 10 days and the 144-hour period to 13 days. These extended periods will provide tenants additional time to arrange funds and prevent eviction. This extension does not apply to week-to-week tenancies.
- Updated Disclosure Requirements: HB 2001 requires landlords to deliver a specific disclosure (which you can print here) in the event of nonpayment, in addition to other notice requirements. This disclosure provides information regarding tenant resources. This provision should help tenants make informed decisions and seek assistance as needed.
- Changes to Eviction Proceedings: HB 2001 extends the timeline for setting a first appearance in a nonpayment case to 15 days. Eviction proceedings based on nonpayment are subject to dismissal if the landlord fails to provide the disclosure described above. Proceedings are also subject to dismissal if the tenant pays their rent after the eviction is served or if the landlord fails to reasonably participate in available rental assistance programs.
- Sealing Eviction Records: HB 2001 addresses the issue of tenant blacklisting by requiring circuit courts to annually set aside eviction-related judgments and seal court records, subject to certain considerations.
- Default Judgments: Under HB 2001, a tenant’s first failure to appear in an eviction case will not automatically result in a default judgment. To secure a default judgment, a plaintiff must testify under oath or submit an affidavit or declaration under penalty of perjury stating that (1) as of the date of testimony, the plaintiff does not have knowledge that the defendant has delivered possession to the plaintiff; and (2) the plaintiff reasonably believes that the defendant remains in possession of the premises. This requirement will apply to all eviction proceedings.
As HB 2001 takes effect, it is crucial for all stakeholders to familiarize themselves with its provisions. Landlords must adapt to the changing eviction process, embracing new procedures, and tenants must understand their rights and the resources available to them in times of financial hardship.
