Mandatory Renter Relocation Assistance
The Portland City Council mandates that renters in Portland who are served a no-cause eviction or any of the following triggering events must be paid Relocation Assistance by their landlord.
Specifically, those events are:
a no-cause eviction, or
a qualified landlord reason for termination, or
a rent increase of 10 percent or higher over a 12-month period, or
a substantial change in the lease terms, or
if the renter receives no option to renew their lease.
Tenants must receive a written notice for any of these events at least 90 days* prior to the effective date, including:
a description of their rights and obligations, and
the amount of Relocation Assistance they are eligible to receive.
|Studio or Single Room Occupancy (SRO)
|3-Bedroom or larger
Mandatory Renter Relocation Assistance applies to:
Rental units within Portland city limits, whether they are are managed by an owner, a sublessor, or property management company, and have either month-to-month rental agreements or fixed-term tenancies, such as 6-month or 1-year leases.
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Relocation Assistance Exemption
Please review the Administrative Rules carefully before applying for an exemption from paying Relocation Assistance.
The following circumstances are strictly the only situations that may be exempt from paying Relocation Assistance:
- Rental agreement for week-to-week tenancies
- Tenants that occupy the same dwelling unit as the landlord
- Tenants that occupy one dwelling unit in a Duplex where the Landlord’s principal residence is the second Dwelling Unit in the same Duplex
- Tenants that occupy an Accessory Dwelling Unit that is subject to the Act in the City of Portland so long as the owner of the Accessory Dwelling Unit lives on the site
- A Landlord who temporarily rents out their principal residence during an absence of not more than 3 years
- A Landlord who temporarily rents out their principal residence during the Landlord’s absence due to active duty military service
- A Dwelling Unit where the Landlord is terminating the Rental Agreement in order for an Immediate Family member to occupy the Dwelling Unit
- A Dwelling Unit regulated or certified as affordable housing by federal, state or local government is exempt from paying Relocation Assistance for a Rent increase of 10 percent or more within a rolling 12-month period:
a. so long as such increase does not increase a Tenant’s portion of the Rent payment by 10 percent or more within a rolling 12-month period; or
b. in Lease Agreements where the Rent or eligibility is periodically calculated based on the Tenant’s income or other program eligibility requirements and a Rent increase is necessary due to program eligibility requirements or a change in the Tenant’s income.
This exemption by Subsection 30.01.085 I.8. does not apply to private market-rate Dwelling Units with a Tenant who is the recipient of a federal, state, or local government voucher;
This exemption by Subsection 30.01.085 I.8. applies to Rent increases and does not apply to Termination Notices;
- A Dwelling Unit subject to the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
- A Dwelling Unit rendered immediately uninhabitable not due to the action or inaction of a Landlord or Tenant
- A Dwelling Unit rented for less than 6 months with appropriate verification of the submission of a demolition permit prior to the Tenant renting the unit
- A Dwelling Unit where the Landlord has provided a Fixed Term Tenancy and notified the Tenant prior to occupancy, of the Landlords intent to sell or permanently convert the Dwelling Unit to a use other than as a Dwelling Unit subject to the Act.
Eligibility criteria apply to each exemption:
As provided in PCC 30.01.085 and the Ordinance, the Director of the Portland Housing Bureau is authorized to adopt administrative rules to carry out and administer the provisions of this Section 30.01.085. These Administrative Rules describe the specific eligibility criteria under which each exemption from paying Relocation Assistance can be acknowledged.
A Landlord is only exempt from paying mandatory Relocation Assistance if the Landlord meets the following requirements:
- meets the criteria for an exemption listed in administrative rules;
- file the required Relocation Exemption Application ("REA") form with the Portland Housing Bureau (“PHB”)
- receive an acknowledgment letter from PHB (the “Acknowledgement Letter”)
- Provides a copy of the exemption Acknowledgement Letter to the Tenant prior to:
a. Issuing an Increase Notice;
b. Issuing a Termination Notice;
c. Declining to renew or replace an expiring Rental Agreement;
d. Issuing a Qualifying Landlord Reason for termination; or
e. Declining to renew or replace an expiring Rental Agreement on substantially the same terms except for the amount of Rent or Associated Housing Costs.
A Landlord that fails to comply with any of the requirements set forth in Section 30.01.085 shall be liable to the Tenant for an amount up to 3 times the monthly rent as well as actual damages, Relocation Assistance, reasonable attorney fees and costs.