ORS § 90 § 90.243

Qualifications for drug and alcohol free housing; “program of recovery” defined.

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/7/2026OregonLease Requirements

Operative Text

ORS § 90 § 90.243
(1) A dwelling unit qualifies as drug and alcohol free housing if:

(a)(A) For premises consisting of more than eight dwelling units, the dwelling unit is one of at least eight contiguous dwelling units on the premises that are designated by the landlord as drug and alcohol free housing dwelling units and that are each occupied or held for occupancy by at least one tenant who is a recovering alcoholic or drug addict and is participating in a program of recovery; or

(B) For premises consisting of eight or fewer dwelling units, the dwelling unit is one of at least four contiguous dwelling units on the premises that are designated by the landlord as drug and alcohol free housing dwelling units and that are each occupied or held for occupancy by at least one tenant who is a recovering alcoholic or drug addict and is participating in a program of recovery;

(b) The landlord is a nonprofit corporation incorporated pursuant to ORS chapter 65 or a housing authority created pursuant to ORS 456.055 to 456.235;

(c) The landlord provides for the designated drug and alcohol free housing dwelling units:

(A) A drug and alcohol free environment, covering all tenants, employees, staff, agents of the landlord and guests;

(B) Monitoring of the tenants for compliance with the requirements described in paragraph (d) of this subsection;

(C) Individual and group support for recovery; and

(D) Access to a specified program of recovery; and

(d) The rental agreement for the designated drug and alcohol free housing dwelling unit is in writing and includes the following provisions:

(A) That the dwelling unit is designated by the landlord as a drug and alcohol free housing dwelling unit;

(B) That the tenant may not use, possess or share alcohol, marijuana items as defined in ORS 475C.009, illegal drugs, controlled substances or prescription drugs without a medical prescription, either on or off the premises;

(C) That the tenant may not allow the tenant’s guests to use, possess or share alcohol, marijuana items as defined in ORS 475C.009, illegal drugs, controlled substances or prescription drugs without a medical prescription, on the premises;

(D) That the tenant shall participate in a program of recovery, which specific program is described in the rental agreement;

(E) That on at least a quarterly basis the tenant shall provide written verification from the tenant’s program of recovery that the tenant is participating in the program of recovery and that the tenant has not used:

(i) Alcohol;

(ii) Marijuana items as defined in ORS 475C.009; or

(iii) Illegal drugs;

(F) That the landlord has the right to require the tenant to take a test for drug or alcohol usage promptly and at the landlord’s discretion and expense; and

(G) That the landlord has the right to terminate the tenant’s tenancy in the drug and alcohol free housing under ORS 90.392, 90.398 or 90.630 for noncompliance with the requirements described in this paragraph.

(2) A dwelling unit qualifies as drug and alcohol free housing despite the premises not having the minimum number of qualified dwelling units required by subsection (1)(a) of this section if:

(a) The premises are occupied but have not previously qualified as drug and alcohol free housing;

(b) The landlord designates certain dwelling units on the premises as drug and alcohol free dwelling units;

(c) The number of designated drug and alcohol free housing dwelling units meets the requirement of subsection (1)(a) of this section;

(d) When each designated dwelling unit becomes vacant, the landlord rents that dwelling unit to, or holds that dwelling unit for occupancy by, at least one tenant who is a recovering alcoholic or drug addict and is participating in a program of recovery and the landlord meets the other requirements of subsection (1) of this section; and

(e) The dwelling unit is one of the designated drug and alcohol free housing dwelling units.

(3) The failure by a tenant to take a test for drug or alcohol usage as requested by the landlord pursuant to subsection (1)(d)(F) of this section may be considered evidence of drug or alcohol use.

(4) As used in this section, “program of recovery” means a verifiable program of counseling and rehabilitation treatment services, including a written plan, to assist recovering alcoholics or drug addicts to recover from their addiction to alcohol, cannabis or illegal drugs while living in drug and alcohol free housing. A “program of recovery” includes Alcoholics Anonymous, Narcotics Anonymous and similar programs.
Source: Legislative text reproduced verbatim
Plain English

Oregon Revised Statutes § 90.243 establishes the specific conditions under which a residential dwelling unit may be legally designated as drug and alcohol free housing. To qualify, the housing must be operated by a nonprofit corporation or housing authority, must include a minimum cluster of contiguous units occupied by tenants in a program of recovery, and must provide a drug- and alcohol-free environment along with monitoring and recovery support services. Rental agreements for these units must contain detailed written provisions governing substance use, recovery program participation, and quarterly verification, and landlords retain the right to require drug or alcohol testing at their own expense.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 7, 2026

Plain English — not legal advice.

For Property Managers

Operators seeking to establish drug and alcohol free housing under ORS § 90.243 generally ensure that their organization qualifies as a nonprofit corporation under ORS chapter 65 or a housing authority, and that the required minimum number of contiguous units are properly designated and occupied by tenants actively participating in a verifiable program of recovery. Compliant operators maintain written rental agreements that include all provisions enumerated in § 90.243(1)(d), covering substance prohibitions, guest policies, quarterly written verification of recovery participation, and the landlord's right to require testing. Operators also provide the required environmental, monitoring, and support services for all designated units, and document their processes carefully to demonstrate ongoing compliance with each element of the statute.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants living in housing designated under ORS § 90.243 have a rental agreement that must include specific written protections and obligations, including the landlord's responsibility to cover the cost of any required drug or alcohol testing. Under § 90.243, tenants are entitled to individual and group recovery support and access to a specified program of recovery as part of the housing arrangement. Tenants who have questions about whether their housing meets the statutory qualifications, or who believe their rights under this provision are not being honored, may wish to consult a tenant-rights organization or review the full text of ORS § 90.243 to understand the protections that apply.

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.

Effective Timeline

Current
Oct 7, 2026
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References Out

Rules and statutes cited by this regulation

ORS § 456.055
Not yet ingested
ORS § 456.235
Not yet ingested
ORS § 475C.009
Not yet ingested
ORS § 90.392
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References In

No inbound references recorded yet for this provision.

Related Rules

§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY

Source Information

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