Lane County Rental Owners Association

Two issues may be of significance to landlords in Lane County. The first concerns updates to the Eugene Rental Housing Code. The second concerns Fair Housing Issues. Please click on the associated links for additional information.

The Rental Owners Association, Lane County Chapter Board of Directors wishes to thank all members (and others) who particiated in the various City Council sessions concerning the Eugene Rental Housing Code, or who sent letters to councilors regarding the proposed code updates. We are happy to report that the collective efforts of all interested parties served to limit changes in the code to the safety and security provisions only (window and door security and smoke detectors). The proposed mold provision was tabled for further study and the sunset provision was extended to December 31, 2011 (rather than eliminated).

FAIR HOUSING AT A GLANCE

Fair Housing laws are federal, state and local laws that promote equal access to housing by prohibiting housing discrimination against certain categories of people defined as protected classes. It is illegal to treat a person differently in a housing transaction because the person is a member of a protected class.

Fair Housing laws cover all types of housing transactions including rentals, sales, lending, insurance, land use, and hate crimes. Types of illegal actions include discrimination through denial of housing, refusal to negotiate, providing false information, eviction, applying different rules or standards, advertisements or statements, harassment, intimidation, refusal to provide services and steering.

Editor’s Note:

1) Fair Housing law also applies to the acceptance of applications. You cannot circumnavigate Fair Housing law by simply refusing to accept an application from a person who is a member of a protected class.

2) Steering essentially means directing a member of a protected class elsewhere. A commonly cited example is telling a family with children that they might be “more comfortable” somewhere else because your unit is on the second floor, that it’s a “quiet environment”, that the unit is too small, etc.

PROTECTED CLASSES:*	Federal	State	Eugene	Springfield	Lane County	Portland	Corvallis
*Race*	X	X	X	X	X	X	X
*Color*	X	X	X	X	X	X	X
*National Origin*	X	X	X	X	X	X	X
*Religion*	X	X	X	X	X	X	X
*Sex*	X	X	X (1)	X (1)	X	X	X
*Familial Status* *(Children in household under age 18)*	X	X	X	X	X	X	X
*Physical or Mental Disability*	X	X	X	X	X	X	X
*Source of Income* *(excluding Section 8)*	X	X	X	X	X	X	X
*Marital Status*	X	X	X	X	X	X	X
*Age over 18* *(2)*			X	X		X	X
*Sexual Orientation*			X (3)			X	X
*Gender Identity*						X	X
*Type of Occupation*			X (4)	X (4)		X	X
*Ethnicity*			X
*Domestic Partner Status*			X

According to the Fair Housing Council of Oregon:

(1) may not be protected if real property is such that protection would result in unrelated persons of opposite sex using same bath or bedroom facilities*

(2) may not apply to emancipated minors*

(3) some exceptions apply (in certain owner-occupied units and property owned by a religious organization) *

(4) this protection is derived from the definition of “source of income.” *

*Contact a landlord-tenant attorney for legal advice about these and other Fair Housing questions.

All information provided by the Fair Housing Council of Oregon. Although this information is intended to be accurate, it is distributed with the understanding that it does not constitute legal or professional advice. The ROA does not assume liability for loss or damage as a result of reliance on this material. Contact the municipality where you own rental property or other appropriate legal or fair housing professionals for expert assistance on Fair Housing issues and protected classes in your area.

Fair Housing Council of Oregon
1020 SW Taylor St. #700
Portland, OR 97205

Ph:       800-424-3247
            503-223-8197
Fax:      503-223-3396