Oregon Statutes 90.243 – Qualifications for drug and alcohol free housing; program of recovery defined
(1) A dwelling unit qualifies as drug and alcohol free housing if:
Terms Used In Oregon Statutes 90.243
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Drug and alcohol free housing: means a dwelling unit described in ORS § 90. See Oregon Statutes 90.100
- Dwelling unit: means a structure or the part of a structure that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. See Oregon Statutes 90.100
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Landlord: includes a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement. See Oregon Statutes 90.100
- Rental agreement: includes a lease. See Oregon Statutes 90.100
(a)(A) For premises consisting of more than eight dwelling units, the dwelling unit is one of at least eight contiguous dwelling units on the premises that are designated by the landlord as drug and alcohol free housing dwelling units and that are each occupied or held for occupancy by at least one tenant who is a recovering alcoholic or drug addict and is participating in a program of recovery; or
(B) For premises consisting of eight or fewer dwelling units, the dwelling unit is one of at least four contiguous dwelling units on the premises that are designated by the landlord as drug and alcohol free housing dwelling units and that are each occupied or held for occupancy by at least one tenant who is a recovering alcoholic or drug addict and is participating in a program of recovery;
(b) The landlord is a nonprofit corporation incorporated pursuant to ORS Chapter 65 or a housing authority created pursuant to ORS § 456.055 to 456.235;
(c) The landlord provides for the designated drug and alcohol free housing dwelling units:
(A) A drug and alcohol free environment, covering all tenants, employees, staff, agents of the landlord and guests;
(B) Monitoring of the tenants for compliance with the requirements described in paragraph (d) of this subsection;
(C) Individual and group support for recovery; and
(D) Access to a specified program of recovery; and
(d) The rental agreement for the designated drug and alcohol free housing dwelling unit is in writing and includes the following provisions:
(A) That the dwelling unit is designated by the landlord as a drug and alcohol free housing dwelling unit;
(B) That the tenant may not use, possess or share alcohol, marijuana items as defined in ORS § 475C.009, illegal drugs, controlled substances or prescription drugs without a medical prescription, either on or off the premises;
(C) That the tenant may not allow the tenant’s guests to use, possess or share alcohol, marijuana items as defined in ORS § 475C.009, illegal drugs, controlled substances or prescription drugs without a medical prescription, on the premises;
(D) That the tenant shall participate in a program of recovery, which specific program is described in the rental agreement;
(E) That on at least a quarterly basis the tenant shall provide written verification from the tenant’s program of recovery that the tenant is participating in the program of recovery and that the tenant has not used:
(i) Alcohol;
(ii) Marijuana items as defined in ORS § 475C.009; or
(iii) Illegal drugs;
(F) That the landlord has the right to require the tenant to take a test for drug or alcohol usage promptly and at the landlord’s discretion and expense; and
(G) That the landlord has the right to terminate the tenant’s tenancy in the drug and alcohol free housing under ORS § 90.392, 90.398 or 90.630 for noncompliance with the requirements described in this paragraph.
(2) A dwelling unit qualifies as drug and alcohol free housing despite the premises not having the minimum number of qualified dwelling units required by subsection (1)(a) of this section if:
(a) The premises are occupied but have not previously qualified as drug and alcohol free housing;
(b) The landlord designates certain dwelling units on the premises as drug and alcohol free dwelling units;
(c) The number of designated drug and alcohol free housing dwelling units meets the requirement of subsection (1)(a) of this section;
(d) When each designated dwelling unit becomes vacant, the landlord rents that dwelling unit to, or holds that dwelling unit for occupancy by, at least one tenant who is a recovering alcoholic or drug addict and is participating in a program of recovery and the landlord meets the other requirements of subsection (1) of this section; and
(e) The dwelling unit is one of the designated drug and alcohol free housing dwelling units.
(3) The failure by a tenant to take a test for drug or alcohol usage as requested by the landlord pursuant to subsection (1)(d)(F) of this section may be considered evidence of drug or alcohol use.
(4) As used in this section, ‘program of recovery’ means a verifiable program of counseling and rehabilitation treatment services, including a written plan, to assist recovering alcoholics or drug addicts to recover from their addiction to alcohol, cannabis or illegal drugs while living in drug and alcohol free housing. A ‘program of recovery’ includes Alcoholics Anonymous, Narcotics Anonymous and similar programs. [1995 c.559 § 7; 1997 c.577 § 9; 1999 c.603 § 11; 2003 c.378 § 10; 2005 c.22 § 59; 2005 c.391 § 15; 2017 c.21 § 32]