(a) Landlord or tenant compliance with the rental agreement or with the provisions of this chapter;
(b) Landlord or tenant conduct within the facility; or
(c) The modification of a rule or regulation under ORS 90.610.
(2) A mediation policy under this section must include:
(a) The process and format by which a tenant or landlord may initiate mediation.
(b) The names and contact information, including the phone number and website address, for mediation services available through the referral program provided by the Housing and Community Services Department under ORS 456.403 (2) and any other no-cost mediation service acceptable to the landlord.
(c) Information substantially explaining requirements for mediation under subsections (3) to (7) of this section.
(3) Mediation conducted under this section:
(a) In addition to any process authorized under subsection (2)(a) of this section, may be initiated by the landlord or tenant’s contact with the Housing and Community Services Department in a format required by the department.
(b) May not resolve any matters except by the agreement of all parties.
(c) Must require that communications from all parties are held strictly confidential and may not be used in any legal proceedings.
(d) May be used to resolve:
(A) Disputes between the landlord and one or more tenants, initiated by any party; and
(B) Disputes between any two or more tenants, initiated only by the landlord.
(e) Must allow a party to designate any person, including a nonattorney, to represent the interests of the party provided that the person has the authority to bind that party to any resolution of the dispute.
(f) Must comply with any other provisions as the Housing and Community Services Department may require by rule.
(4) Parties must participate in mediation under this section by making a good faith effort to schedule mediation within 30 days after mediation is initiated, attending and participating in mediation and cooperating with reasonable requests of the mediator.
(5) After mediation has been initiated and while it is ongoing under this section:
(a) Any statute of limitations related to the dispute is tolled.
(b) A party may not file an action related to the dispute, including an action for possession under ORS 105.110.
(c)(A) A tenant shall continue paying rent to the landlord.
(B) A landlord receiving rent under this paragraph has not accepted rent for the purposes of ORS 90.412 (2), provided that the landlord refunds the rent within 10 days following the conclusion of mediation.
(6) Unless specifically provided for in a mediation policy established under this section, or agreed to by all parties, no party may initiate mediation for:
(a) Facility closures consistent with ORS 90.645 or 90.671.
(b) Facility sales consistent with ORS 90.842 to 90.850.
(c) Rent increases consistent with ORS 90.600.
(d) Rent payments or amounts owed.
(e) Tenant violations alleged in a termination notice given under ORS 90.394, 90.396 or 90.630 (10).
(f) Violations of an alleged unauthorized person in possession in a notice given under ORS 90.403.
(g) Unless initiated by the victim, a dispute involving allegations of domestic violence, sexual assault or stalking or a dispute between the victim and the alleged perpetrator.
(h) A dispute arising after the termination of the tenancy, including under ORS 90.425, 90.675 or 105.161.
(7) This section does not require any party to:
(a) Reach an agreement on any or all issues submitted to mediation;
(b) Participate in more than one mediation session or participate for an unreasonable length of time in a session; or
(c) Waive or forgo any rights or remedies or the use of any other available informal dispute resolution process.
(8) A mediator in a mediation under this section shall notify the Housing and Community Services Department as to whether the dispute was resolved through mediation but may not provide the department with the contents of any resolution.
(9) A landlord may unilaterally amend a rental agreement or facility rules and regulations to comply with this section.
(10) If a party refuses to participate in good faith in mediation with another party or uses mediation to harass another party, the other party:
(a) Has a defense to a claim related to the subject of the dispute for which mediation was sought; and
(b) Is entitled to damages of one month’s rent against the party. [2019 c.625 §8]
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.