ORS § 90 § 90.303
Evaluation of applicant.
Operative Text
(1) When evaluating an applicant, a landlord may not consider a previous action to recover possession pursuant to ORS 105.100 to 105.168 if the action: (a) Was dismissed or resulted in a general judgment for the applicant before the applicant submits the application. (b) Resulted in a general judgment against the applicant that was: (A) Entered five or more years before the applicant submits the application; or (B) Entered on claims that arose on or after April 1, 2020, and before March 1, 2022. (2) When evaluating the applicant, a landlord may consider a previous arrest of the applicant only if the arrest resulted in charges for criminal conduct as described in subsection (3) of this section and: (a) The applicant was convicted of the charges; or (b) The charges are pending and the applicant is not presently participating in a diversion, conditional discharge or deferral of judgment program on the charges. (3) When evaluating the applicant, the landlord may consider criminal convictions or pending charges only for conduct that is presently illegal in this state and is: (a) A drug-related crime, but not including convictions based solely on the use or possession of marijuana; (b) A person crime; (c) A sex offense; (d) A crime involving financial fraud, including identity theft and forgery; or (e) Any other crime if the conduct for which the applicant was convicted or charged is of a nature that would adversely affect: (A) Property of the landlord or a tenant; or (B) The health, safety or right to peaceful enjoyment of the premises of residents, the landlord or the landlord’s agent. (4) When evaluating an applicant, a landlord may not consider the possession of a medical marijuana card or status as a medical marijuana patient. (5) When evaluating an applicant, a landlord may not consider an applicant’s unpaid rent, including rent reflected in judgments or referrals of debt to a collection agency, that accrued on or after April 1, 2020, and before March 1, 2022. (6) When evaluating an applicant, a landlord may not: (a) Inquire about the immigration or citizenship status of an applicant or a member of the applicant’s household; or (b) Reject an application because an applicant or a member of the applicant’s household does not produce a Social Security number or prove lawful presence in the United States, provided that the applicant agrees to provide identification as provided in ORS 90.306.
Oregon Revised Statutes § 90.303 sets boundaries on what landlords may and may not examine when screening rental applicants. Eviction case records that were dismissed, resolved in the applicant's favor, are five or more years old, or arose during the COVID-19 protected period (April 1, 2020–March 1, 2022) are off-limits for consideration. Criminal history may only be weighed if it falls into specific categories—such as person crimes, sex offenses, financial fraud, or drug crimes (excluding marijuana-only convictions)—and only when charges resulted in a conviction or remain pending outside a diversion program. The provision also bars landlords from factoring in medical marijuana status, COVID-era unpaid rent, or an applicant's immigration or citizenship status.
Plain English — not legal advice.
Operators screening applicants in Oregon must structure their criteria to comply with ORS § 90.303, which means written screening policies generally exclude eviction records that are dismissed, older than five years, or tied to the COVID-19 protected window. Compliant screening criteria for criminal history are limited to the enumerated offense categories—person crimes, sex offenses, financial fraud, and qualifying drug crimes—and only where a conviction exists or charges are actively pending outside a diversion program. Landlords also typically ensure their application forms do not ask about immigration status, Social Security numbers as a condition of eligibility, or medical marijuana card status, and they do not factor in rent debt that accrued during the April 1, 2020–March 1, 2022 period.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under ORS § 90.303, applicants have the right to have certain records excluded from a landlord's evaluation, including old or dismissed eviction cases, COVID-era rent debt, and immigration or citizenship status. If a landlord appears to have denied an application based on information this provision prohibits—such as a marijuana-only conviction, a COVID-period eviction, or lack of a Social Security number—that denial may be challengeable. Tenants and applicants can explore options such as contacting a local tenant-rights organization, reaching out to Oregon's relevant housing authorities, or consulting an attorney familiar with ORS § 90.303 to understand what remedies may be available.
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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