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The City of Portland, Oregon

Portland Housing Bureau

Solving the unmet housing needs of the people of Portland.

Phone: 503-823-2375

fax: 503-823-2387

421 SW 6th Avenue, Suite 500, Portland, OR 97204

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RELOCATION EXEMPTION APPLICATION (REA) FORM

Relocation Exemption Application (REA) Form to claim Exemption from the obligation to pay city Relocation Assistance as specified in Portland City Code 30.01.085.

In response to COVID-19, there are eviction moratoriums that may prohibit a landlord from issuing terminations without a tenant-based cause. See more information about COVID-19 landlord-tenant policy responses.

Before starting the form, please read the general instructions. Review the exemption description below to confirm it matches your eligibility. To select a different exemption form, follow the link to return to the exemption list.

EXEMPTION 5: Landlord Absence

“A Landlord that temporarily rents out the Landlord's Principal Residence during the Landlord's absence of not more than 3 years.”

The following Administrative Rules and Process apply to Exemption 5:

  • The Landlord must submit the required REA form to PHB.

  • The Landlord must receive an Acknowledgement Letter issued by PHB. An Acknowledgement Letter does not exempt a Landlord from complying with all relevant notice requirements.

  • For Rental Agreements with the lease date beginning after March 8, 2018 the Landlord must provide a copy of all pages of the Acknowledgement Letter to the Tenant prior to the Tenant entering into a Rental Agreement.

  • In addition to providing the Acknowledgment Letter as described above, the Landlord must also provide a copy of all pages of the Acknowledgement Letter to the Tenant including a description of a Tenant's Rights and Obligations, prior to issuing a Termination Notice.

  • This exemption only applies when the Owner(s) of the Dwelling Unit have an ownership interest in four or fewer Dwelling Units, excluding the Owner(s) of the Dwelling Unit’s Principal Residence.

  • This exemption only applies if the Landlord is issuing a Termination Notice.

  • The Owner(s) of the Dwelling Unit must be Natural Person(s) to claim this exemption.

  • An Owner of the Dwelling Unit’s absence is measured from the last date he or she maintained Principal Residence to the date he or she returns to the Dwelling Unit.

  • An Owner of the Dwelling Unit must move into the Dwelling Unit within 60 days of the Tenant moving out.

  • The Dwelling Unit must become and remain the Principal Residence of an Owner of the Dwelling Unit for the 12-months after moving in or it must be sold.

  • The Owner(s) of the Dwelling Unit shall not receive an Acknowledgement Letter for this exemption more than once every 36 months.

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Relo Exemption 5

STEP ONE: DOCUMENTATION GUIDANCE

This exemption requires supporting documentation.
What must be demonstrated: The Dwelling Unit for which Exemption is being claimed was the Owner’s Principal Residence not more two (2) years and nine (9) months before the date the REA is submitted. NOTE: Landlord’s absence from the Dwelling Unit cannot be more than 3 years, as measured from the date the Landlord moved out of the Dwelling Unit to the date the Landlord moves back in, inclusive of the required minimum 90 day termination notice period.  

Documentation provided must include all the following features:

  • Document is addressed to the Owner (first and last name) at the address of the Dwelling Unit for which Exemption is claimed.

  • Document must be dated.  Document date cannot be any less recent than 2 years and 9 months prior to the date the REA Form is submitted and cannot be any more recent than the date indicated in the REA Form as the Owner’s last date of residence at the Dwelling Unit.

  • Must conclusively demonstrate that the Owner personally resided at that address, as opposed to owning or managing the property, during the eligible date range.

    • Examples of documents that demonstrate Principal Residence, as opposed to ownership/management, include but are not limited to the following: documents from an Internet Service Provider (ISP) account, cable, and satellite bill; document from an employer, school, healthcare provider, insurance agency (unrelated to the property), a financial institution (unrelated to the property), or governmental entity (unrelated to the property).

    • Documents related to ownership or management of the Dwelling Unit, which do not conclusively demonstrate that the Owner personally resides at the Dwelling Unit, include: utility bills, property tax statements, homeowners/rental unit insurance, HOA fees, documents relating to financing of the Dwelling Unit, invoices for maintenance and repair of the Dwelling Unit, and similar items.

Additional documentation is required when legal Owner is a Trust.

Exemption 5 requires that the Dwelling Unit be owned by a Natural Person (a human being as opposed to an entity created by an operation of law). When ownership of a property is held by a Trust, the grantor/settlor and the beneficiary of the Trust are Natural Person(s) if they are human beings.

What must be demonstrated: The Landlord is a grantor/settlor or a beneficiary of the Trust that owns a Dwelling Unit. Documentation that conclusively demonstrates that the Landlord is a grantor/settlor or beneficiary of the Trust that owns the Dwelling Unit for which the exemption is requested must include all of the following:

  • Document is dated prior to date of application.

  • Document clearly identifies the Landlord, by name, as a grantor/settlor or a beneficiary.

  • Document specifically names the Trust, and the name of the Trust must match the name of the Trust that is the legal Owner of the Dwelling Unit.

  • Examples of documents that demonstrate that the Landlord is grantor/settlor or a beneficiary of the Trust that owns the Dwelling Unit include a copy of the Trust instrument, or a related document prepared by the same professional legal, financial or estate advisor who prepared the Trust instrument and whose name and title appear in the document, so long as that document is dated prior to the date the REA is submitted and that it names the Trust and clearly identified the Landlord, by name, as the grantor/settlor or a beneficiary of the Trust.

STEP TWO: LANDLORD INFORMATION

Who is the Owner/Landlord of the property?

Note: Acknowledgment Letters are issued in the legal name(s) of the property Owner(s)

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On what date did/will the Owner last occupy the Dwelling Unit as their Principal Residence?

Note: Principal Residence means the primary location a person inhabits. It is the Dwelling Unit that is physically occupied and personally used for overnight sleep more than any other Dwelling Unit during the period of time specified in each exemption.

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STEP THREE: DWELLING UNIT INFORMATION

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The Dwelling Unit is owned by:
What is the street address of the Dwelling Unit for which you are claiming exemption?
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e.g. 1120 SW 5TH or 5TH AND MAIN
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STEP FOUR: RENTAL AGREEMENT INFORMATION

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This exemption will be applied to:
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When did the tenancy/Rental Agreement originally begin?

STEP FIVE: CERTIFICATIONS & ACKNOWLEDGEMENTS

Note: This REA Form is not complete unless all sections of the form are completed, the certifications and acknowledgment statements below are certified/acknowledged, the form is signed and dated, and any required documentation is attached.

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I hereby certify that the Owner(s) of this Dwelling Unit hold(s) an ownership interest in no more than four Dwelling Units, excluding the Owner(s) of the Dwelling Unit’s Principal Residence.
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I hereby certify that I have not received an Acknowledgment Letter for this exemption within the past 36 months.
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I understand that the Administrative Rules referenced in this REA Form identify specific stipulations with which I must fully comply in order to claim exemption, and that if I fail to comply with each and all applicable stipulations, my claim of exemption is invalid. I understand that issuance of an Acknowledgment Letter does not constitute authorization for any action or inaction that is inconsistent with any and all applicable rules and laws.
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I acknowledge that this exemption applies only when city Relocation Assistance is or will be triggered by the termination of the Rental Agreement as described in PCC 30.01.085, and that it does not apply when city Relocation Assistance is triggered by rent increase(s) or by substantial changes to the terms of the Rental Agreement.
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I acknowledge that, as a stipulation of this exemption, I am required to move back into the Dwelling Unit within 60 days of the Tenant moving out.
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I acknowledge that, as a stipulation if this exemption, the Dwelling Unit must become and remain my Principal Residence for at least 12 months or it must be sold.
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I acknowledge that exemption from obligation to pay city Relocation Assistance as required under PCC 30.01.085 does not extend to the notification requirements of that same section of City Code, nor does it exempt a Landlord from the limitations and obligations of any other applicable local, state or federal law. I understand that acknowledgment of my claim of exemption is not authorization for any action or inaction that is inconsistent with all applicable rules and laws.
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I hereby certify that all information provided by me in the REA Form and/or provided in supporting documentation is current, true and complete to the best of my knowledge. I understand that I must inform the Portland Housing Bureau immediately and in writing of any changes. I understand that a Landlord that fails to comply with any of the requirements set forth in PCC 30.01.085 shall be liable to the Tenant for an amount up to three times the monthly Rent as well as actual damages, city Relocation Assistance, reasonable attorney fees, and costs.
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(Maximum file size: 30MB)
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