Terms Used In Oregon Statutes > Chapter 328 > General Provisions > Early Childhood Education

• Accessory building or structure: means any portable, demountable or permanent structure, including but not limited to cabanas, ramadas, storage sheds, garages, awnings, carports, decks, steps, ramps, piers and pilings, that is:

  (a) Owned and used solely by a tenant of a manufactured dwelling or floating home; or

  (b) Provided pursuant to a written rental agreement for the sole use of and maintenance by a tenant of a manufactured dwelling or floating home. See Oregon Statutes 90.100

• 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
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Attorney: includes an associate member of the Oregon State Bar practicing law within the member's approved scope of practice. See Oregon Statutes 90.100
• CCRC: means any provider that is registered with the Department of Human Services and agrees to furnish continuing care to a resident under a residency agreement. See Oregon Statutes 101.020
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conduct: means the commission of an act or the failure to act. See Oregon Statutes 90.100
• Continuing care: means directly furnishing or indirectly making available, upon payment of an entrance fee and under a residency agreement, housing and health related services for a period greater than one year to an individual not related by blood or marriage to the continuing care retirement community provider that is furnishing care. See Oregon Statutes 101.020
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• council: means a body of residents of a continuing care retirement community who are elected by the residents and recognized by the provider as representing the interests of the residents. See Oregon Statutes 101.020
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Department of Education. See Oregon Statutes 329.007
• 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.
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Facility: means a manufactured dwelling park or a marina. See Oregon Statutes 90.100
• Fee: means a nonrefundable payment of money. See Oregon Statutes 90.100
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fixed term tenancy: means a tenancy that has a fixed term of existence, continuing to a specific ending date and terminating on that date without requiring further notice to effect the termination. See Oregon Statutes 90.100
• 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
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Informal dispute resolution: includes voluntary consultation between the landlord or landlord's agent and one or more tenants or voluntary mediation utilizing the services of a third party, but does not include mandatory mediation or arbitration. 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
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Living unit: means a room, apartment, cottage or other area set aside for the exclusive use of the resident. See Oregon Statutes 101.020
• local government: means all cities, counties and local service districts located in this state, and all administrative subdivisions of those cities, counties and local service districts. See Oregon Statutes 174.116
• Manufactured dwelling: includes an accessory building or structure. See Oregon Statutes 90.100
• Month-to-month tenancy: means a tenancy that automatically renews and continues for successive monthly periods on the same terms and conditions originally agreed to, or as revised by the parties, until terminated by one or both of the parties. See Oregon Statutes 90.100
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Parents: means parents or guardians of students who are covered by this chapter. See Oregon Statutes 329.007
• Person: includes an individual or organization. See Oregon Statutes 90.100
• Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
• Provider: means an owner or operator, whether a natural person, partnership, trust, limited liability company, corporation or unincorporated association, however organized, of a new or existing continuing care retirement community, whether operated for profit or not, that provides, plans to provide or agrees to provide continuing care to one or more unrelated residents under a residency agreement. See Oregon Statutes 101.020
• Public charter school: has the meaning given that term in ORS § 338. See Oregon Statutes 329.007
• Recreational vehicle: has the meaning given that term in ORS § 174. See Oregon Statutes 90.100
• Recreational vehicle park: has the meaning given that term in ORS § 197. See Oregon Statutes 90.100
• Regular periodic charges: means basic monthly fees charged to a resident on an ongoing basis. See Oregon Statutes 101.020
• 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
• Rental agreement: includes a lease. See Oregon Statutes 90.100
• Resident: means a person who enters into a residency agreement with a provider or who is designated in a residency agreement to be a person being provided with continuing care. See Oregon Statutes 101.020
• School district: includes common and union high school districts. See Oregon Statutes 328.001
• Security deposit: means a refundable payment or deposit of money, however designated, the primary function of which is to secure the performance of a rental agreement or any part of a rental agreement. See Oregon Statutes 90.100
• Sexual orientation: means an individual's actual or perceived heterosexuality, homosexuality or bisexuality. See Oregon Statutes 174.100
• State Treasury: includes those financial assets the lawful custody of which are vested in the State Treasurer and the office of the State Treasurer relating to the custody of those financial assets. See Oregon Statutes 174.100
• Surrender: means an agreement, express or implied, as described in ORS § 90. See Oregon Statutes 90.100
• Teacher: means any licensed employee of a school district who has direct responsibility for instruction, coordination of educational programs or supervision of students and who is compensated for such services from public funds. See Oregon Statutes 329.007
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
• Vacation occupancy: means occupancy in a dwelling unit, not including transient occupancy in a hotel or motel, that:

  (a) Has all of the following characteristics:

  (A) The occupant rents the unit for vacation purposes only, not as a principal residence;

  (B) The occupant has a principal residence other than at the unit; and

  (C) The period of authorized occupancy does not exceed 45 days; or

  (b) Is for the rental of a space in a recreational vehicle park on which a recreational vehicle owned by the occupant will be located and for which:

  (A) The occupant rents the unit for vacation purposes only, not as a principal residence;

  (B) The occupant has a principal residence other than at the space;

  (C) The period of authorized occupancy does not exceed 90 days;

  (D) The recreational vehicle is required to be removed from the park at the end of the occupancy period before a new occupancy may begin; and

  (E) A written agreement is signed by the occupant that substantially states: 'Your occupancy of this recreational vehicle park is a vacation occupancy and is NOT subject to the Oregon Residential Landlord and Tenant Act (ORS Chapter 90). See Oregon Statutes 90.100

• Violate: includes failure to comply. See Oregon Statutes 174.100
• Week-to-week tenancy: means a tenancy that has all of the following characteristics:

  (a) Occupancy is charged on a weekly basis and is payable no less frequently than every seven days;

  (b) There is a written rental agreement that defines the landlord's and the tenant's rights and responsibilities under this chapter; and

  (c) There are no fees or security deposits, although the landlord may require the payment of an applicant screening charge, as provided in ORS § 90. See Oregon Statutes 90.100