421 SW 6th Avenue, Suite 500, Portland, OR 97204
As allowed by the Act, a Landlord may not increase a Tenant's Rent or Associated Housing Costs by 5 percent or more over a rolling 12-month period unless the Landlord gives notice in writing (the “Increase Notice”) to each affected Tenant: (a) at least 90 days prior to the effective date of the Rent increase; or (b) the time period designated in the Rental Agreement, whichever is longer. The Increase Notice must specify the amount of the increase, the amount of the new Rent or Associated Housing Costs and the date, as calculated under the Act, when the increase becomes effective.
A Landlord may terminate a Rental Agreement without a cause or for a Qualifying Landlord Reasons specified in the Act only by delivering a written notice of termination (the “Termination Notice”) to the Tenant of (a) not less than 90 days before the termination date designated in that notice as calculated under the Act; or (b) the time period designated in the Rental Agreement, whichever is longer.
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.
A Landlord is not required to submit a REA form for Exemptions # 1, 2, 8, 9, and 10.
|Relocation Exemption Application required?|
|1||Rental Agreement for week-to-week tenancies.||No|
|2||Tenants that occupy the same Dwelling Unit as the Landlord.||No|
|3||Tenants that occupy one Dwelling Unit in a Duplex where the Landlord's principal residence is the second Dwelling Unit in the same Duplex.||Yes|
|4||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.||Yes|
|5||A Landlord that temporarily rents out the Landlord's principal residence during the Landlord's absence of not more than 3 years.||Yes|
|6||A Landlord that temporarily rents out the Landlord's principal residence during the Landlord's absence due to active duty military service.||Yes|
|7||A Dwelling Unit where the Landlord is terminating the Rental Agreement in order for an Immediate Family member to occupy the Dwelling Unit.
This exemption cannot be used for any owner, domestic partner, or spouse move in. The designated Immediate Family member must be 18 years old or older.
|8||A Dwelling Unit regulated or certified as affordable housing by a 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.||No|
|9||A Dwelling Unit that is subject to and in compliance with the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.||No|
|10||A Dwelling Unit rendered immediately uninhabitable not due to the action or inaction of a Landlord or Tenant This exemption covers
Dwelling Units rendered immediately uninhabitable due to events including, but not limited to: natural (such as flood or fire) or man-made disasters (such as natural gas explosions).
|11||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 Dwelling Unit.||Yes|
|12||A Dwelling Unit where the Landlord has provided a Fixed Term Tenancy and notified the Tenant prior to occupancy, of the Landlord’s intent to sell or permanently convert the Dwelling Unit to a use other than as a Dwelling Unit subject to the Act||Yes
For the purposes of the exemptions: "Accessory Dwelling Unit" is defined by PCC 33.205; "the Act" is in reference to PCC 30.01.085; "Duplex" is defined by PCC 33.910; "Dwelling Unit" is defined by PCC 33.910. “Principal Residence” is defined by Administrative Rule. "Immediate Family” is defined by Administrative Rule.
Disclaimer: The receipt and acknowledgement of claimed exemptions by the Portland Housing Bureau does not constitute verification that the Dwelling Unit, or the Applicant, is in compliance with other applicable federal, state and local laws.
Applications will be processed at PHB. Please allow 2-3 weeks for verification and processing. To expedite processing, please review the Administrative Rules before applying.
Phone: 503-823-1303 Fax: 503-865-3260
To submit a paper form instead, please download the PDF Form and mail or drop-off in person at PHB. Thank you.