Residential Landlord and Tenant ORS 90.390 Discrimination against tenant or applicant tenant defense

 

Residential Landlord and Tenant

ORS 90.390
Discrimination against tenant or applicant

• tenant defense

• TEXT

• ANNOTATIONS   12

(1)

A landlord may not discriminate against a tenant in violation of local, state or federal law, including ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) and 659A.421 (Discrimination in selling, renting or leasing real property prohibited).

(2)

If the tenant can prove that the landlord violated subsection (1) of this section, the tenant has a defense in any discriminatory action brought by the landlord against the tenant for possession, unless the tenant is in default in rent.

(3)

A tenant may prove a landlord’s discrimination in violation of ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) by demonstrating that a facially neutral housing policy has a disparate adverse impact, as described in ORS 659A.425 (Violation based on facially neutral housing policy), on members of a protected class. [1993 c.369 §24; 1997 c.577 §22; 2003 c.378 §12; 2005 c.391 §32; 2007 c.903 §14; 2008 c.36 §3; 2013 c.294 §11; 2013 c.530 §5]