Oregon Statutes 90.390 – Discrimination against tenant or applicant; tenant defense
(1) A landlord may not discriminate against a tenant in violation of local, state or federal law, including ORS § 659A.145 and 659A.421.
Terms Used In Oregon Statutes 90.390
- Action: includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession. See Oregon Statutes 90.100
- 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
- Rent: means any payment to be made to the landlord under the rental agreement, periodic or otherwise, in exchange for the right of a tenant and any permitted pet to occupy a dwelling unit to the exclusion of others and to use the premises. See Oregon Statutes 90.100
(2) If the tenant can prove that the landlord violated subsection (1) of this section, the tenant has a defense in any discriminatory action brought by the landlord against the tenant for possession, unless the tenant is in default in rent.
(3) A tenant may prove a landlord’s discrimination in violation of ORS § 659A.145 or 659A.421 by demonstrating that a facially neutral housing policy has a disparate adverse impact, as described in ORS § 659A.425, on members of a protected class. [1993 c.369 § 24; 1997 c.577 § 22; 2003 c.378 § 12; 2005 c.391 § 32; 2007 c.903 § 14; 2008 c.36 § 3; 2013 c.294 § 11; 2013 c.530 § 5]
LANDLORD REMEDIES