ORS § 90 § 90.390
Discrimination against tenant or applicant; tenant defense.
Operative Text
(1) A landlord may not discriminate against a tenant in violation of local, state or federal law, including ORS 659A.145 and 659A.421. (2) If the tenant can prove that the landlord violated subsection (1) of this section, the tenant has a defense in any discriminatory action brought by the landlord against the tenant for possession, unless the tenant is in default in rent. (3) A tenant may prove a landlord’s discrimination in violation of ORS 659A.145 or 659A.421 by demonstrating that a facially neutral housing policy has a disparate adverse impact, as described in ORS 659A.425, on members of a protected class.
ORS § 90.390 prohibits landlords from discriminating against tenants or applicants in ways that violate local, state, or federal anti-discrimination law, including Oregon's own civil rights statutes. The provision also recognizes that discrimination can occur through policies that appear neutral on their face but produce a disproportionately harmful effect on members of a protected class. When a landlord pursues an eviction or other possessory action, a tenant's ability to demonstrate that discrimination occurred can serve as a legal defense to that action, provided the tenant is not in default on rent.
Plain English — not legal advice.
Under ORS § 90.390, compliant operators review their rental policies—including screening criteria, occupancy standards, and lease terms—to ensure those policies do not violate local, state, or federal anti-discrimination law. Because the statute expressly covers facially neutral policies that produce a disparate adverse impact on a protected class, property managers generally audit their practices not only for overt bias but also for unintended discriminatory effects. Landlords who initiate eviction proceedings should be aware that a tenant may raise a discrimination defense under this section, which can affect the outcome of a possessory action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.390 gives tenants a potential defense against an eviction or other possessory action if they can show the landlord's conduct violated anti-discrimination law—though this defense is not available to a tenant who is in default on rent. The statute allows tenants to demonstrate discrimination by showing that a housing policy, even one that looks neutral, has a disproportionate adverse impact on members of a protected class as described in ORS 659A.425. Tenants who believe they have experienced discrimination may consider documenting the relevant policies and their effects, contacting a tenant-rights organization, or filing a complaint with the Oregon Bureau of Labor and Industries, which enforces the state civil rights statutes referenced in 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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