Portland City Council mandates that renters in Portland who are served a no-cause eviction or a rent increase of 10 percent or higher over a 12-month period or receive a substantial change in their lease terms or who do not receive the option to renew their lease must be paid relocation assistance by their landlord. Tenants must receive written notice for any of these events at least 90 days prior to the effective date, except for units being sold conditioned upon federal mortgage financing where a 60-day notice is required.
Mandatory Renter Relocation Assistance applies to rental units within the City of Portland that are managed by a landlord or property management company and have either month-to-month rental agreements or fixed-term tenancies, such as 6-month or 1-year leases. Check to see if your property is within Portland city limits.
The following circumstances 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 as affordable housing by federal, state or local government for a period of at least 60 years
- A Dwelling Unit subject to the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
- A Dwelling Unit rendered 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.
To be exempt from paying Relocation Assistance
A Landlord is only exempt from paying mandatory Relocation Assistance if the Landlord meets the following requirements:
- meet the criteria for an exemption listed in Section 30.01.085.G;
- 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; or
d. 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.