ORS § 456 § 456.788
Termination date notice to tenants; extension for failure to give timely notice.
Operative Text
(1) In addition to notices given under ORS 456.781 and 456.814, the owner of publicly supported housing as described in ORS 456.766 (6)(a)(B) in which the Housing and Community Services Department is a party to the contract must provide notice to the tenants under this section before the owner withdraws the participating property from publicly supported housing. (2) The notice required under this section must be in substantially the form prescribed by the department by rule and must include: (a) That the owner intends to withdraw the property from publicly supported housing upon the specified termination date; (b) An explanation and any expiration date of any safe harbor provisions which may allow the tenant to retain the tenancy after the affordability restriction is terminated, including the provisions of ORS 456.792; (c) Information about tenant resources, as may be required by the department by rule; (d) Information, in each of the five most commonly spoken languages in Oregon other than English, on how to view a translation of the notice on the department’s website that is written in each of those languages; and (e) Other information required by the department by rule. (3) The notice required under this section must be delivered no more than 36 months and at least 30 months before the termination date by: (a) First class mail to: (A) Any tenant residing at the participating property at the tenant’s mailing address; and (B) The Director of the Housing and Community Services Department; and (b) Posting the notice in a common area of the property. (4) During the period 30 months prior to the termination date, the owner shall give a copy of the notice required under this section to any prospective tenant of the property before the owner or landlord may assess a screening charge under ORS 90.295 or enter into a rental agreement. (5) For each tenant to whom the owner fails to give a notice as required under this section, the owner shall: (a) Extend the termination date until no earlier than 30 months after delivery of the notice to the tenant; and (b) Provide notice of the extension to the department.
ORS § 456.788 requires owners of certain publicly supported housing—where the Housing and Community Services Department is a party to the contract—to give tenants advance written notice before withdrawing a property from publicly supported housing status. The notice must be delivered between 30 and 36 months before the termination date, sent by first-class mail and posted in a common area, and must include details about the intended withdrawal, any safe harbor protections, tenant resources, and multilingual guidance on accessing translations. If an owner fails to give a required notice to any individual tenant, the termination date for that tenant is automatically extended to no earlier than 30 months after the notice is eventually delivered.
Plain English — not legal advice.
Under ORS § 456.788, compliant owners of qualifying publicly supported housing generally prepare and deliver the department-prescribed notice form within the 36-to-30-month window before the planned termination date, mailing it to each current tenant and the department director while also posting it in a common area. During the final 30 months before termination, owners also provide the notice to any prospective tenant before collecting a screening charge or signing a rental agreement. Owners who miss the notice deadline for any individual tenant are required to extend that tenant's termination date by at least 30 months from the date notice is finally delivered and to inform the department of the extension.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 456.788 gives tenants in certain publicly supported housing the right to receive a formal written notice—between 30 and 36 months in advance—before their property is withdrawn from publicly supported housing, including information about safe harbor protections such as those under ORS 456.792 and available tenant resources. If an owner did not deliver this notice within the required timeframe, the law provides that the termination date must be extended to at least 30 months after the notice is actually given, which may be a significant protection tenants can raise in relevant proceedings. Tenants who believe they did not receive proper notice under ORS § 456.788 may consider contacting the Housing and Community Services Department, a local tenant-rights organization, or a legal aid provider to understand what options 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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