(a) From rent-included billing or pro rata billing to submeter billing; or
(b) From rent-included billing to pro rata billing.
(2) At least one month prior to installing submeters for a billing conversion under subsection (1)(a) of this section or prior to conversion to pro rata billing under subsection (1)(b) of this section, the landlord shall:
(a) Deliver to each tenant a written notice that describes:
(A) The landlord’s intention to convert the water billing method;
(B) The proposed new water and wastewater billing method;
(C) The reason for the conversion; and
(D) The process and schedule for the conversion, including the date, time and location of the meeting described in paragraph (c) of this subsection;
(b) Deliver to each tenant a copy of a handout developed by the Housing and Community Services Department that describes the laws regarding utility conversions and billing; and
(c) Meet with the tenants to explain the conversion and answer questions regarding utility and service billing and to distribute a sample utility and service charge statement with an explanation of each entry on the statement.
(3) The department shall prepare a handout described in subsection (2)(b) of this section in consultation with representatives of facility landlords and tenants.
(4)(a) If the landlord converts to submeter billing under this section, after the installation of the submeters and before the landlord may convert to submeter billing, the first three utility billing periods shall serve as a trial period during which the landlord shall give the tenant a mock-up example of the submeter billing for each billing period that shows what the tenant’s bill would be using submeter billing.
(b) Following the trial period described in paragraph (a) of this subsection, a landlord is not required to test the submeters for accuracy.
(5) If the landlord converts to pro rata billing under this section, after the conversion and no less frequently than every three years, the landlord shall:
(a) Conduct testing of every portion of any utility or service line for water that serves the common areas and up to the connection to the dwelling or home;
(b) Make the results of any testing available to the tenants; and
(c) Fix any leaks within a reasonable time and consistent with ORS 90.730.
(6) If the landlord converts from rent-included billing to pro rata billing or submeter billing under this section, the landlord shall reduce the tenant’s rent on a pro rata basis beginning with the landlord’s first billing of the tenant using pro rata billing or submeter billing by no less than an amount reasonably comparable to the amount of the rent previously allocated to the utility or service cost averaged over at least the 12-month period of available utility or service billings immediately preceding the first billing following the conversion. Before the landlord first bills the tenant using pro rata billing or submeter billing following the conversion, the landlord shall provide the tenant with written documentation from the utility or service provider showing the landlord’s cost for the utility or service provided to the facility during the 12-month period used to determine the rent reduction. A landlord may offset all or part of a rent reduction required by this subsection against a future rent increase provided in a fixed term rental agreement entered into prior to the delivery of the notice of conversion under subsection (2) of this section.
(7) A landlord that installs submeters under this section may recover from a tenant the cost of installing the submeters, including costs to improve or repair existing utility or service system infrastructure necessitated by the installation of the submeters, only as follows:
(a) By raising the rent, as with any capital expense in the facility, except that the landlord may not raise the rent for this purpose within the first six months after installation of the submeters; or
(b) In a manufactured dwelling park, by imposing a special assessment pursuant to a written special assessment plan adopted unilaterally by the landlord. The plan may include only the landlord’s actual costs to be recovered on a pro rata basis from each tenant with payments due no more frequently than monthly over a period of at least 60 months. Payments must be itemized as a separate charge from the utility or service charge. The landlord must give each tenant a copy of the plan at least 90 days before the first payment is due. Payments may not be due before the completion of the installation, and must begin within six months after completion. A new tenant of a space subject to the plan may be required to make payments under the plan. Payments must end when the plan ends. The landlord is not required to provide an accounting of plan payments made during or after the end of the plan.
(8) A landlord that converts to submeter billing from rent-included billing under this section may unilaterally, and at the same time as the conversion to submeters, convert the billing for common areas to pro rata billing by including the change in the notice required by subsection (2) of this section. If the landlord continues to use rent-included billing for common areas, the landlord may offset against the rent reduction required by subsection (6) of this section an amount that reflects the cost of serving the common areas. If the utility or service provider cannot provide an accurate cost for the service to the common areas, the landlord shall assume the cost of serving the common areas to be 20 percent of the total cost billed. This offset is not available if the landlord chooses to bill for the common areas using pro rata billing.
(9) If storm water service and wastewater service are not measured by the submeter, a landlord that installs submeters to measure water consumption and converts to submeter billing from rent-included billing under this section may continue to recover the cost of the storm water service or wastewater service in the rent or may unilaterally, and at the same time as the conversion to submeters, convert the billing for the storm water service or wastewater service to pro rata billing by including the change in the notice and meeting required by subsection (2) of this section. If the landlord converts the billing for the storm water service or wastewater service to pro rata billing, the landlord must reduce the rent to reflect that charge, as required by subsection (6) of this section.
(10) A rental agreement amended under this section must include language that fairly describes the provisions of this section.
(11) If a landlord installs a submeter on an existing utility or service line to a space or common area that is already served by that line, unless the installation causes a system upgrade, a local government may not assess a system development charge as defined in ORS 223.299 as a result of the installation. [Formerly 90.537]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 090 - Residential Landlord and Tenant
Section 90.110 - Exclusions from application of this chapter.
Section 90.112 - Maximum occupancy limit.
Section 90.125 - Administration of remedies; enforcement.
Section 90.135 - Unconscionability.
Section 90.140 - Types of payments landlord may require or accept; written evidence of payment.
Section 90.147 - Delivery of possession.
Section 90.150 - Service or delivery of actual notice.
Section 90.155 - Service or delivery of written notice.
Section 90.160 - Calculation of notice periods.
Section 90.222 - Renter’s liability insurance.
Section 90.228 - Notice of location in 100-year flood plain.
Section 90.243 - Qualifications for drug and alcohol free housing; "program of recovery" defined.
Section 90.245 - Prohibited provisions in rental agreements; remedy.
Section 90.260 - Late rent payment charge or fee; restrictions; calculation.
Section 90.262 - Use and occupancy rules and regulations; adoption; enforceability; restrictions.
Section 90.263 - Vehicle tags.
Section 90.265 - Interest in alternative energy device installed by tenant.
Section 90.275 - Temporary occupancy agreement; terms and conditions.
Section 90.295 - Applicant screening charges; screening criteria.
Section 90.300 - Security deposits; prepaid rent.
Section 90.303 - Evaluation of applicant.
Section 90.304 - Statement of reasons for denial; remedy.
Section 90.316 - Carbon monoxide alarm.
Section 90.317 - Repair or replacement of carbon monoxide alarm.
Section 90.318 - Criteria for landlord provision of certain recycling services.
Section 90.322 - Landlord or agent access to premises; remedies.
Section 90.323 - Maximum rent increase; exceptions; notice.
Section 90.324 - Calculation of maximum rent increase; publication.
Section 90.325 - Tenant duties.
Section 90.365 - Failure of landlord to supply essential services; remedies.
Section 90.368 - Repair of minor habitability defect.
Section 90.370 - Tenant counterclaims in action by landlord for possession or rent.
Section 90.380 - Effect of rental of dwelling in violation of building or housing codes; remedy.
Section 90.390 - Discrimination against tenant or applicant; tenant defense.
Section 90.391 - Information to veterans required in notice.
Section 90.392 - Termination of tenancy for cause; tenant right to cure violation.
Section 90.394 - Termination of tenancy for failure to pay rent.
Section 90.396 - Acts or omissions justifying termination 24 hours after notice.
Section 90.398 - Termination of tenancy for drug or alcohol violations.
Section 90.401 - Remedies available to landlord.
Section 90.403 - Taking possession of premises from unauthorized possessor.
Section 90.405 - Effect of tenant keeping unpermitted pet.
Section 90.410 - Effect of tenant failure to give notice of absence; absence; abandonment.
Section 90.412 - Waiver of termination of tenancy.
Section 90.414 - Acts not constituting waiver of termination of tenancy; delivery of rent refund.
Section 90.417 - Duty to pay rent; effect of acceptance of partial rent.
Section 90.420 - Enforceability of landlord liens; distraint for rent abolished.
Section 90.427 - Termination of tenancy without tenant cause; effect of termination notice.
Section 90.440 - Termination of tenancy in group recovery home; recovery of possession; damages.
Section 90.445 - Termination of tenant committing criminal act of physical violence.
Section 90.449 - Landlord discrimination against victim; exception; tenant defenses and remedies.
Section 90.462 - Electric vehicle charging stations.
Section 90.472 - Termination by tenant called into active state service by Governor.
Section 90.485 - Restrictions on landlord removal of vehicle; exceptions.
Section 90.490 - Prohibited acts in anticipation of notice of conversion to condominium; damages.
Section 90.493 - Prohibited acts following notice of conversion to condominium; damages.
Section 90.505 - Definitions for ORS 90.505 to 90.850; application of statutes.
Section 90.510 - Statement of policy; rental agreement; rules and regulations; remedies.
Section 90.512 - Definitions for ORS 90.514 and 90.518.
Section 90.514 - Disclosure to prospective tenant of improvements required under rental agreement.
Section 90.518 - Provider statement of estimated cost of improvements.
Section 90.525 - Unreasonable conditions of rental or occupancy prohibited; notice of rights.
Section 90.527 - Renter’s liability insurance in park.
Section 90.528 - Use of common areas or facilities.
Section 90.530 - Pets in facilities; rental agreements; violations.
Section 90.555 - Subleasing agreements.
Section 90.560 - Definitions for ORS 90.560 to 90.584.
Section 90.562 - Utility and service charges; limits.
Section 90.564 - Charge for cable, satellite or Internet.
Section 90.566 - Conversion to direct billing for garbage service.
Section 90.568 - Pro rata billing; apportionment methods.
Section 90.572 - Submeter billing.
Section 90.574 - Conversion to submeter or pro rata billing for water.
Section 90.576 - Legislative findings.
Section 90.578 - Conversion to submeter or direct billing for large parks.
Section 90.580 - Entry to read submeter; requirement for water submeter.
Section 90.582 - Publication of submeter or pro rata bills; tenant
Section 90.584 - Park specific billing for water; voting.
Section 90.610 - Notice of proposed change in rule or regulation; tenant objection to change.
Section 90.620 - Termination by tenant; notice to landlord.
Section 90.630 - Termination by landlord; causes; notice; cure; repeated nonpayment of rent.
Section 90.640 - Park damaged by natural disaster.
Section 90.643 - Conversion of park to planned community subdivision of manufactured dwellings.
Section 90.645 - Closure of park; notices; payments to tenants; rules.
Section 90.650 - Notice of tax provisions to tenants of closing park; rules.
Section 90.655 - Park closure notice to nontenants; report of tenant reactions.
Section 90.671 - Closure of marina; notices; payments to tenants; rules.
Section 90.710 - Causes of action; limit on cause of action of tenant.
Section 90.725 - Landlord or agent access to rented space; remedies.
Section 90.727 - Maintenance of trees in rented spaces.
Section 90.729 - Temporary movement of floating home; notice; costs paid by landlord.
Section 90.732 - Landlord registration; registration fee.
Section 90.734 - Manager or owner continuing education requirements.
Section 90.736 - Civil penalties.
Section 90.738 - Enforcement of registration and education requirements; advisory committee; rules.
Section 90.740 - Tenant obligations.
Section 90.750 - Right to assemble or canvass in facility; limitations.
Section 90.755 - Right to speak on political issues; limitations; placement of political signs.
Section 90.765 - Prohibitions on retaliatory conduct by landlord.
Section 90.767 - Mandatory mediation.
Section 90.771 - Confidentiality of information regarding disputes.
Section 90.840 - Park purchase funds, loans.
Section 90.844 - Procedures for purchase of facility by tenants; financial information; deadlines.
Section 90.846 - Notices and processes in facility transfer; remedies.
Section 90.848 - Exceptions to facility transfer requirements.
Section 90.849 - Notice of conveyance.
Section 90.860 - Definitions for ORS 90.865 to 90.875.
Section 90.865 - Dealer notice of rent payments and financing.
Section 90.870 - Manner of giving notice; persons entitled to notice.