Oregon Statutes 90.490 – Prohibited acts in anticipation of notice of conversion to condominium; damages
(1) A tenant may bring an action against a building landlord if for the purpose of avoiding, or assisting a declarant of a conversion condominium in avoiding, the requirements under ORS § 100.301 to 100.320:
Terms Used In Oregon Statutes 90.490
- 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
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- 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
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(a) Within one year before the declarant records the declaration under ORS § 100.100, the landlord gives a tenant a 30-day notice without stated cause; or
(b) Within one year before the declarant records the declaration under ORS § 100.100, the landlord increases the rent in excess of the percentage increase in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor.
(2) If a court finds that a landlord has taken an action described in subsection (1) of this section for the purpose of avoiding, or assisting a declarant of a conversion condominium in avoiding, the requirements under ORS § 100.301 to 100.320, the court may award the tenant the greater of:
(a) Six times the monthly rent for the dwelling unit; or
(b) Twice the actual damages to the tenant arising out of the termination or rent increase.
(3) The time allowed under ORS § 12.125 to commence an action under this section begins on the date the declarant records the declaration under ORS § 100.100. [2007 c.705 § 6; 2019 c.57 § 6]