Oregon Statutes 446.317 – Delegation of landlord duties; rules
(1) As used in this section:
Terms Used In Oregon Statutes 446.317
- Contract: A legal written agreement that becomes binding when signed.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
(a) ‘Landlord’ means a tourist facility owner holding a license issued under ORS § 446.320.
(b) ‘Tenant’ means a person, or a public body as defined in ORS § 174.109, that:
(A) Is not under common ownership, management or control with the landlord;
(B) Rents or leases all or part of a tourist facility from a landlord for the purpose of operating an organizational camp, conference or other private gathering on one or more days during the term of the rental or lease; and
(C) For the term of the rental or lease enjoys exclusive occupancy of the rented or leased part of the tourist facility.
(2) The Oregon Health Authority shall adopt rules identifying duties under ORS § 446.310 to 446.350 that a landlord may contractually delegate to a tenant for the term of the rental or lease of a tourist facility. The authority may adopt rules specifying the form and format to be used in a contract under which a landlord delegates a duty to a tenant, including but not limited to the manner of setting forth the delegated duty.
(3) Notwithstanding ORS § 446.320, if a contract delegates a duty identified in authority rules adopted under subsection (2) of this section and the contract form and format conforms with any specifications of the authority, the authority may not deny, suspend or revoke the tourist facility license of the landlord or issue the landlord a civil penalty under ORS § 446.310 to 446.350, and the landlord may not be charged with a misdemeanor under ORS § 446.990, due to:
(a) A failure of the tenant to properly perform the delegated duty during the term of the rental or lease of the tourist facility; or
(b) A failure of the landlord to inform the tenant of any delegated or nondelegated duty of the landlord or the tenant under ORS § 446.310 to 446.350 or authority rules.
(4) Subsection (3) of this section does not apply if the failure of a tenant to properly perform a delegated duty during the term of a rental or lease is due to a tourist facility condition already existing at the beginning of the term and constituting a nonconformance with ORS § 446.310 to 446.350 or authority rules. [2015 c.223 § 2]