Oregon Statutes 93.270 – Certain restrictions in instruments prohibited; restriction on right of action
(1) A person conveying or contracting to convey fee title to real property, or recording a declaration under ORS § 94.580, may not include in an instrument for that purpose a provision:
Terms Used In Oregon Statutes 93.270
- Gender identity: means an individual's gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth. See Oregon Statutes 174.100
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Sexual orientation: means an individual's actual or perceived heterosexuality, homosexuality or bisexuality. See Oregon Statutes 174.100
(a) Restricting the use of the real property by any person or group of persons by reason of race, color, religion, sex, sexual orientation, gender identity, national origin or disability.
(b) Restricting the use of the real property:
(A) As a certified or registered family child care home pursuant to ORS § 329A.250 to 329A.450 or as the premises of an exempt family child care provider participating in the subsidy program under ORS § 329A.500; or
(B) By any home or facility that is licensed under ORS § 443.400 to 443.455 or 443.705 to 443.825 to provide residential care alone or in conjunction with treatment or training or a combination thereof.
(2) A condominium that includes units used for residential purposes or planned community, including a community not subject to ORS § 94.550 to 94.783, may not include in a recorded instrument governing the community and may not enforce any provision that would restrict the use of the community or the lots or units of the community because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status, source of income, disability or the number of individuals, including family members, persons of close affinity or unrelated persons, who are simultaneously occupying a dwelling unit within occupancy limits.
(3) Any provision in an instrument executed in violation of subsection (1) or (2) of this section is void and unenforceable.
(4) An instrument that contains a provision restricting the use of real property in a manner listed in subsection (1)(b) of this section does not give rise to any public or private right of action to enforce the restriction.
(5)(a) An instrument that contains a provision restricting the use of real property by requiring roofing materials with a lower fire rating than that required in the state building code established under ORS Chapter 455 does not give rise to any public or private right of action to enforce the restriction in an area determined by a local jurisdiction as a wildfire hazard zone. Prohibitions on public or private right of action under this paragraph are limited solely to considerations of fire rating.
(b) As used in this subsection, ‘wildfire hazard zones’ are areas that are legally declared by a governmental agency having jurisdiction over the area to have special hazards caused by a combination of combustible natural fuels, topography and climatic conditions that result in a significant hazard of catastrophic fire over relatively long periods each year. Wildfire hazard zones shall be determined using criteria established by the State Forestry Department. [1973 c.258 § 1; 1989 c.437 § 1; 1991 c.801 § 7; 1993 c.311 § 1; 1993 c.430 § 3; 2007 c.70 § 20; 2007 c.100 § 16; 2009 c.595 § 61; 2017 c.221 § 1; 2018 c.35 § 2; 2021 c.67 § 1; 2021 c.367 5,5a]