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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 7: Immediate Family Member

“A Dwelling Unit where the Landlord is terminating the Rental Agreement in order for an Immediate Family member to occupy the Dwelling Unit.”

The following Administrative Rules and Process apply to Exemption 7:

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

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

  • The Landlord must 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 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.

  • The Landlord, including any Owner(s) of the Dwelling Unit, cannot live in the unit during the 24 months after the exemption is used.

  • The Immediate Family member cannot be an Owner of the Dwelling Unit, the domestic partner, or spouse of an Owner of the Dwelling Unit or have been an Owner of the Dwelling Unit in the 12 months prior to or after issuance of the Termination Notice.

  • The Immediate Family Member must have reached the age of majority (18) or be a legally recognized emancipated minor.

  • The Immediate Family member must move into the Dwelling Unit within 60 days of the Tenant moving out.

  • The Dwelling Unit must become the Immediate Family Member’s Principal Residence.

  • The Immediate Family member must intend to reside in the Dwelling Unit for the 24-months after moving in.

  • 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 7

STEP ONE: DOCUMENTATION GUIDANCE

This exemption may require supporting documentation.

Exemption 7 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).  But when a Landlord is a grantor/settlor or a beneficiary (as opposed to a trustee) of the Trust that owns a Dwelling Unit, our office can recognize that Landlord as a co-owner, along with the Trust, for purposes of exemption, so long as the Landlord is a human being as opposed to a different entity created by an operation of law.

NOTE: The Immediate Family Member CANNOT also be a grantor/settlor or a beneficiary of the Trust that owns the Dwelling Unit, as Administrative Rules do not allow the Immediate Family Member to have ownership interest in the Dwelling Unit. 

Additional documentation is required when legal Owner is a Trust.

Exemption 7 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 exemption is requested includes 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 Dwelling Unit?

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

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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:

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 hereby certify that the Immediate Family Member has reached the age of majority (18) or is a legally recognized emancipated minor.
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I hereby certify that the Immediate Family Member is neither a settlor/grantor or a beneficiary of the Trust that owns the Dwelling Unit.
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I hereby certify that, to the best of my knowledge, the Immediate Family Member holds no ownership interest in the Dwelling Unit and that, to the best of my knowledge, the Immediate Family Member is not a spouse or domestic partner of an Owner of the Dwelling Unit.
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I hereby certify that, to the best of my knowledge, the Immediate Family Member intends in good faith to reside in the Dwelling Unit for the 24 months after the Immediate Family Member has moved into the Dwelling Unit.
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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, as a stipulation of this exemption, the Immediate Family Member cannot have been an Owner of the Dwelling Unit in the 12 months prior to, or after issuance of, the Termination Notice.
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I acknowledge that, as a stipulation of this exemption the Landlord, including any Owner(s) of the Dwelling Unit, cannot live in the unit during the 24 months after the exemption is used to terminate a tenancy.
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I acknowledge that, as a stipulation of this exemption, the Immediate Family Member must move into the Dwelling Unit within 60 days of the Tenant moving out, and that the Dwelling Unit must become the Immediate Family Member’s Principal Residence.
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I acknowledge that this exemption applies only when issuing a notice terminating an existing tenancy/Rental Agreement and that this exemption cannot be applied to a future Rental Agreement with a Tenant who does not currently live in the Dwelling Unit.
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I acknowledge that this exemption applies only when city Relocation Assistance is 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 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.
(Maximum file size: 30MB)
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