ORS § 90 § 90.228
Notice of location in 100-year flood plain.
Operative Text
(1) As used in this section, “100-year flood plain” means the level that flood waters may be expected to equal or exceed once each 100 years, as determined by the National Flood Insurance Program of the Federal Emergency Management Agency. (2) If a dwelling unit is located in a 100-year flood plain, the landlord shall provide notice in the dwelling unit rental agreement that the dwelling unit is located within the flood plain. (3) If a landlord fails to provide a notice required under this section, and the tenant of the dwelling unit suffers an uninsured loss due to flooding, the tenant may recover from the landlord the lesser of the actual damages for the uninsured loss or two months’ rent.
Oregon Revised Statutes § 90.228 addresses rental properties situated within a 100-year flood plain, defined as an area where flood waters are expected to reach or surpass a certain level at least once every century according to the National Flood Insurance Program. When a dwelling unit falls within this zone, the landlord is required to disclose that fact directly in the rental agreement. If the landlord omits this disclosure and the tenant later suffers an uninsured flood loss, the law provides a specific remedy capped at the lesser of the tenant's actual uninsured damages or two months' rent.
Plain English — not legal advice.
Under ORS § 90.228, property owners and managers whose rental units lie within a federally designated 100-year flood plain must include a clear flood-plain disclosure in every rental agreement for those units. Compliant operators typically verify flood-zone status through FEMA's National Flood Insurance Program maps before executing a lease and ensure the disclosure language appears in the written agreement itself, not merely in a separate handout. Failing to include this notice exposes a landlord to potential liability if a tenant experiences an uninsured flood loss, with damages capped at the lesser of actual uninsured losses or two months' rent.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.228 gives tenants the right to be informed in their rental agreement if their dwelling unit is located in a 100-year flood plain, as defined by FEMA's National Flood Insurance Program. If a landlord did not include this required notice and a tenant later suffers a flood loss that was not covered by insurance, the law provides a potential recovery of the lesser of actual uninsured damages or two months' rent. Tenants who believe this disclosure was omitted may wish to review their lease, document any flood-related losses, and consult a tenant-rights organization or legal aid office to understand the options available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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