ORS § 90 § 90.449
Landlord discrimination against victim; exception; tenant defenses and remedies.
Operative Text
(1) A landlord may not terminate or fail to renew a tenancy, serve a notice to terminate a tenancy, bring or threaten to bring an action for possession, increase rent, decrease services or refuse to enter into a rental agreement: (a) Because a tenant or applicant is, or has been, a victim of domestic violence, sexual assault, bias crime or stalking. (b) Because of a violation of the rental agreement or a provision of this chapter, if the violation consists of an incident of domestic violence, sexual assault, bias crime or stalking committed against the tenant or applicant. (c) Because of criminal activity relating to domestic violence, sexual assault, bias crime or stalking in which the tenant or applicant is the victim, or of any police or emergency response related to domestic violence, sexual assault, bias crime or stalking in which the tenant or applicant is the victim. (2) A landlord may not impose different rules, conditions or standards or selectively enforce rules, conditions or standards against a tenant or applicant on the basis that the tenant or applicant is or has been a victim of domestic violence, sexual assault, bias crime or stalking. (3) Notwithstanding subsections (1) and (2) of this section, a landlord may terminate the tenancy of a victim of domestic violence, sexual assault, bias crime or stalking if the landlord has previously given the tenant a written warning regarding the conduct of the perpetrator relating to domestic violence, sexual assault, bias crime or stalking and: (a) The tenant permits or consents to the perpetrator’s presence on the premises and the perpetrator is an actual and imminent threat to the safety of persons on the premises other than the victim; or (b) The perpetrator is an unauthorized occupant and the tenant permits or consents to the perpetrator living in the dwelling unit without the permission of the landlord. (4) If a landlord violates this section: (a) A tenant or applicant may recover up to two months’ periodic rent or twice the actual damages sustained by the tenant or applicant, whichever is greater; (b) The tenant has a defense to an action for possession by the landlord; and (c) The applicant may obtain injunctive relief to gain possession of the dwelling unit. (5) Notwithstanding ORS 105.137 (4), if a tenant asserts a successful defense under subsection (4) of this section to an action for possession, the tenant is not entitled to prevailing party fees, attorney fees or costs and disbursements if the landlord: (a) Did not know, and did not have reasonable cause to know, at the time of commencing the action that a violation or incident on which the action was based was related to domestic violence, sexual assault, bias crime or stalking; and (b) Promptly dismissed tenants other than the perpetrator from the action upon becoming aware that the violation or incident on which the action was based was related to domestic violence, sexual assault, bias crime or stalking.
Oregon Revised Statutes § 90.449 prohibits landlords from taking adverse housing actions—such as terminating a tenancy, serving a notice to vacate, raising rent, reducing services, or refusing to rent—against someone because they are or have been a victim of domestic violence, sexual assault, bias crime, or stalking. The law also bars landlords from applying rules selectively or imposing different conditions on the basis of a person's victim status. A narrow exception exists allowing termination when the perpetrator poses an actual and imminent threat to others on the premises and the victim has consented to the perpetrator's presence after a prior written warning, or when the perpetrator is an unauthorized occupant living in the unit without the landlord's permission.
Plain English — not legal advice.
Under ORS § 90.449, compliant operators treat victim status as a protected characteristic and avoid basing any adverse housing decision—including notices to terminate, rent increases, or service reductions—on a tenant's or applicant's history as a victim of domestic violence, sexual assault, bias crime, or stalking. Operators also apply lease rules and standards uniformly, without singling out tenants who have experienced such crimes. The statute does provide a limited pathway to terminate a tenancy involving a perpetrator who poses an imminent threat to others, but only after issuing a prior written warning and meeting the specific conditions set out in § 90.449(3).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.449 gives tenants and applicants the right to be free from eviction, rent increases, service cuts, or denial of housing based on their status as a victim of domestic violence, sexual assault, bias crime, or stalking. If a landlord violates this section, a tenant may be entitled to recover up to two months' periodic rent or twice actual damages—whichever is greater—and may raise the violation as a defense in any eviction proceeding brought by the landlord. Tenants who believe their rights under § 90.449 have been violated may wish to consult a local tenant-rights organization or legal aid office to understand the range of options available, including asserting a defense in court or seeking injunctive relief.
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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