Hb2001: Law Or Not?

HB2001 refers to House Bill 2001, which has been passed in several states in the US. In Oregon, HB2001 was passed in 2019 and came into effect in 2020. It allows for alternative types of housing to be built on land zoned for single-family homes, such as duplexes, triplexes, and fourplexes. This bill encourages the development of more affordable housing and aims to reduce urban sprawl. In 2023, another bill named HB2001 was passed in Oregon, which made changes to the eviction process, including extending the notice period for termination of tenancy due to non-payment. Virginia also passed a bill called HB2001, the High-Performance Buildings Act, in 2021, which updated building performance standards for state and local government buildings.

Oregon's HB2001 law took effect in 2020

Oregon's HB2001 law, which was signed by Governor Kate Brown on August 8, 2019, took effect in 2020. The bill allows for alternative, more economical types of housing in an effort to preserve outer-city rural areas, such as farms. It is especially aimed at reducing the pace of urban sprawl in densely populated cities such as Portland, Oregon, with non-traditional land-use zoning.

The bill is an example of inclusionary zoning and allows for more affordable housing to be built. It allows duplexes, triplexes, fourplexes, and cottage clusters (several smaller homes built around a community backyard or other green spaces) to be built on land zoned for single-family homes in cities with over 25,000 residents. In cities with over 10,000 residents, duplexes will be allowed on land zoned for single-family homes. Approximately 2.8 million people of Oregon's 4.1 million population live in areas that will be affected by this bill.

The bill received criticism from both sides of the political aisle. Opponents from the right argue that the state should expand or get rid of the Urban Growth Boundary to combat the rising cost of housing, rather than implement HB2001. Opponents from the left believe that it is not enough and that there will not be the short-term effects that the city needs.

In addition to the above, HB2001 also makes key changes to the eviction process. It defines 'nonpayment' as nonpayment of a payment that is due to a landlord, including rent, late charges, utility or service charges, or any other charges or fees as described in the rental agreement. When serving a notice of termination for non-payment of rent, the bill increases the notice period from 72 hours to 10 days or from 144 hours to 13 days. It also requires the landlord to deliver a copy of a newly created notice when serving the tenant with any termination notice related to non-payment.

It allows for alternative types of housing

House Bill 2001 (HB2001) is an Oregon bill that allows for alternative types of housing in an effort to preserve outer-city rural areas, such as farms. The bill is especially aimed at reducing the pace of urban sprawl in densely populated cities such as Portland, Oregon, with non-traditional land use zoning.

On July 2, 2019, the state of Oregon passed HB2001, which provides an alternative to single-family zoning. The bill is an example of inclusionary zoning and allows for more affordable housing to be built. It allows duplexes, triplexes, fourplexes, and cottage clusters (several smaller homes built around a community backyard or other green space) to be constructed on land zoned for single-family homes in cities with over 25,000 residents. In cities with over 10,000 residents, duplexes will be allowed on land zoned for single-family homes. Approximately 2.8 million people of Oregon's 4.1 million population live in areas that will be affected by this bill.

The bill is similar to Minneapolis's new housing policy that bans zoning for single-family homes. A similar plan has been adopted into certain neighborhoods in Seattle. While Oregon's plan is less extreme, it does not ban single-family homes but simply makes it easier for alternatives to be built. It is the first bill of its type to be implemented at a state rather than local level. The bill's main sponsor, Representative Tina Kotek, makes clear that this bill is about choice and providing more affordable alternatives rather than banning single-family homes.

The bill has received criticism from both sides of the aisle. Opponents of the bill from the right argue that the state should expand or get rid of the Urban Growth Boundary to combat the rising cost of housing rather than implement HB2001. From the other side, people believe that it is not enough and that there will not be the short-term effects that the city needs.

HB2001 also establishes the Oregon Housing Needs Analysis in the Oregon Department of Administrative Services. It requires cities outside Metro to plan for housing needs as allocated by analysis and requires Metro to adopt a similar methodology to allocate housing needs to cities within Metro. It also requires the Housing and Community Services Department to develop a housing production dashboard and housing equity indicators.

It changes the definition of 'nonpayment'

House Bill 2001 (HB2001) is an omnibus housing bill passed by the Oregon Legislature on March 29, 2023, and signed into law by Governor Tina Kotek. The bill makes significant changes to the state's eviction process, including altering the definition of 'nonpayment'.

Under HB2001, 'nonpayment' is defined as the nonpayment of any payment due to a landlord, including rent, late charges, utility or service charges, and any other fees outlined in the rental agreement. Notably, this definition does not include payments owed by a tenant for damages to the premises. This expanded definition of 'nonpayment' gives tenants more flexibility and time to resolve payment issues before facing eviction.

Prior to HB2001, landlords in Oregon could issue 72-hour or 144-hour notices for nonpayment of rent. However, the new law extends the notice period to 10 days or 13 days, respectively. This change gives tenants more time to address their payment situation and seek assistance if needed.

In addition to extending the notice period, HB2001 also requires landlords to provide tenants with a newly created notice when serving any termination notice related to non-payment. This notice, published by the Oregon Judicial Department, informs tenants of their rights and provides resources for rental assistance and legal aid. Landlords must also participate with rental assistance programs to facilitate timely payments from tenants or rental assistance providers.

The bill also extends the time a tenant has to cure a nonpayment violation. Under the previous law, tenants had a limited time frame to resolve nonpayment issues before an eviction could be carried out. However, HB2001 allows tenants to cure a nonpayment violation up until the moment a judge issues a judgment for possession in favour of the landlord. This change provides tenants with more time and options to resolve their payment issues and avoid eviction.

Overall, the changes to the definition of 'nonpayment' under HB2001 give tenants facing financial difficulties more time and resources to address their situation. By extending notice periods and requiring landlords to provide information about rental assistance, the law aims to protect tenants from immediate eviction due to nonpayment.

It increases the notice period for termination of tenancy

House Bill 2001 (HB2001) is an Oregon bill that allows for alternative, more economical types of housing in an effort to preserve outer-city rural areas, such as farms. The bill is aimed at reducing the pace of urban sprawl in densely populated cities such as Portland, Oregon, with non-traditional land-use zoning. It was passed on July 2, 2019, and signed into law by Governor Kate Brown on August 8, 2019, taking effect in 2020.

One of the provisions of HB2001 is the requirement for residential landlords to extend notice periods for terminations of tenancy based on nonpayment of rent and to include additional notices. This means that landlords must give tenants more time to resolve rent payment issues before terminating their tenancy. The specific details of the extended notice period are not specified in the source material. However, it is reasonable to assume that the notice period would be longer than the typical timeframe, which can vary depending on the jurisdiction and the type of tenancy agreement.

The inclusion of this provision in HB2001 is likely intended to provide tenants with additional time to address rent arrears and potentially prevent evictions. It is important to note that the notice period for termination of tenancy is separate from the grace period that may be offered by a landlord before late fees or other penalties are applied. While the grace period provides tenants with some flexibility in rent payment, the extended notice period offers more substantial protection against immediate eviction for nonpayment of rent.

The impact of this provision on tenants and landlords is significant. For tenants, the extended notice period offers a safety net and additional time to resolve financial difficulties or seek alternative housing options. It empowers tenants to have more control over their living situations and prevents sudden displacement. On the other hand, landlords may face challenges due to delayed rent payments or difficulties in promptly filling vacant units.

It is worth noting that HB2001 also includes other measures related to housing and tenancy. The bill allows for alternative housing types, such as duplexes, triplexes, and cottage clusters, to be built on land previously zoned for single-family homes. Additionally, it establishes the Oregon Housing Needs Analysis in the Oregon Department of Administrative Services and requires cities to plan for housing needs accordingly. These provisions work together to address the issue of affordable housing and provide a more comprehensive approach to tackling housing challenges in Oregon.

It requires landlords to deliver a copy of a newly created notice

House Bill 2001 (HB2001) was signed into law by Governor Tina Kotek on March 29, 2023. The bill makes significant changes to the eviction process in Oregon, aiming to provide greater protection and assistance to renters facing eviction or struggling to pay rent.

One of the key changes introduced by HB2001 is the requirement for landlords to deliver a copy of a newly created notice when serving tenants with any termination notice related to non-payment of rent or other charges. This includes payments such as late fees, utility charges, or other fees outlined in the rental agreement. The notice period for termination in cases of non-payment has been extended from 72 hours to 10 days, or from 144 hours to 13 days.

The newly created notice, which is in addition to any other notices required by ORS 90 and Portland City Code, is available for download from the Oregon Judicial Department's website. It informs tenants of their rights and options, such as applying for rental assistance, requesting a repayment plan, or requesting a jury trial. This notice must be provided to tenants along with any termination notice related to non-payment.

HB2001 also extends the time tenants have to cure non-payment up to the first appearance in court. This means that tenants have more time to resolve the issue and avoid eviction. Furthermore, landlords are required to reasonably participate with rental assistance programs and work with tenants to find solutions.

The new law also postpones the dates for the first appearance and trial in eviction cases based on non-payment notices. The first appearance is scheduled for a minimum of 15 days and a maximum of 21 days after the filing of eviction paperwork. If the tenant contests the eviction, the trial will take place at least 15 days and no later than 30 days after the first appearance.

Frequently asked questions