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Portland Housing Bureau

Solving the unmet housing needs of the people of Portland.

Phone: 503-823-2375

fax: 503-823-2387

1900 SW 4th Avenue, Suite 7007, Portland, OR 97201

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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.

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 12: Sale or Permanent Conversion

“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.”

The following Administrative Rules and Process apply to Exemption 12:

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

  • The Landlord must receive an Acknowledgment Letter issued by PHB.

  • For Rental Agreements with lease dates on or before December 14, 2020, the Landlord must provide to the Tenant written notice 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.

  • For Rental Agreements with lease dates beginning after December 14, 2020, the Landlord must provide a copy of all pages of the Acknowledgment Letter issued by PHB to the Tenant prior to the Tenant entering into a Rental Agreement for the exempted Dwelling Unit.

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

  • This exemption only applies upon issuance of a Termination Notice for a Fixed Term Tenancy or for a month-to-month tenancy that converted from a Fixed Term Tenancy upon expiration of the term. It cannot be used for a month-to-month Rental Agreement that did not begin as a fixed-term lease.

  • This exemption only applies to a new Fixed Term Tenancy where a Tenant does not currently occupy the Dwelling Unit. It does not apply to Rental Agreement renewals or replacements.

  • A Landlord must list for sale or permanently convert the Dwelling Unit to a use other than a Dwelling Unit subject to the Act within 60 days of the Tenant moving out.

  • The Owner(s) of the Dwelling Unit shall not receive an Acknowledgement Letter for this exemption more than once and is permanently ineligible to apply any other exemption to the same Dwelling Unit.

  • This exemption will expire 24-months after an Acknowledgement Letter is issued.

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Relo Exemption 12

STEP ONE: DOCUMENTATION GUIDANCE

This exemption may require supporting documentation.

What must be demonstrated: For Rental Agreements that began before December 14, 2020, Tenants of the Dwelling Unit were notified, in writing, before the Tenant agreed to rent the unit, that:

  1. The Rental Agreement would be for a fixed term AND

  2. That the Dwelling Unit would not be available to rent after the term expires because:
    • (a) the Landlord intends to sell the Dwelling Unit
      OR
    • (b) the Landlord intends to permanently convert the Dwelling Unit to a use other than a residential rental subject to ORS 90.

Documentation that conclusively demonstrates this stipulation for exemption includes all the following:

  • Document shows the address of the exempted Dwelling Unit.

  • Includes beginning and end dates of the fixed term Rental Agreement that was being offered.

  • Document is dated, and date is prior to the date the Tenant signed the Rental Agreement and/or moved into the Dwelling Unit.

  • Document shows the name(s) of the prospective Tenant(s) who were so notified, along with the Tenant’s signature, initials or other visual indication that conclusively demonstrates that the Tenant received and acknowledged the notice.

  • Document contains language that clearly and unambiguously notifies the then-prospective Tenant that the Rental Agreement being offered is for a fixed term only and that it will not be renewed at the end of the term because (choose only one of the two options):
    • (a) The Owner is selling the Dwelling Unit.
      OR
    • (b) The Dwelling Unit will be permanently converted to a use other than a residential rental subject to ORS 90. The notice must specify the intended use.

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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Which of the following best describes the ownership the Dwelling Unit?
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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Which of the following best describes the size of the rental unit to which the exemption will be applied?

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?
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Which of the following describes the Landlord’s intended purpose for the Dwelling Unit after the expiration of the fixed term?

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 acknowledge that this exemption becomes effective upon issuance of a Termination Notice, as defined in the Administrative Rules, for a Fixed Term Tenancy, or for a month-to-month tenancy that converted from a Fixed Term Tenancy upon expiration of the fixed term, and that it cannot be applied to month-to-month Rental Agreement that did not originate as a fixed-term lease.
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I acknowledge that this exemption is effective only when city Relocation Assistance is triggered by issuance of a Termination Notice, as defined in the Administrative Rules. It is not effective 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, the Landlord must sell the Dwelling Unit, or must permanently convert it to a use other than as a Dwelling Unit subject to the Act, within 60 days of the Tenant moving out.
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I acknowledge that use of this exemption permanently prevents the Dwelling Unit from being eligible for any other exemption requested by the same Landlord.
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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 laws and that I must fully comply with each and every stipulation associated with this exemption.
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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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