Hb2001: Oregon's New Law And Its Implications

House Bill 2001 (HB2001) is an Oregon bill that was signed into law by Governor Kate Brown on August 8, 2019, and took effect in 2020. The bill allows for alternative and more affordable types of housing to be built, in an effort to preserve outer-city rural areas and reduce the pace of urban sprawl in densely populated cities. It also makes key changes to the eviction process, including extending the notice period for terminations of tenancy based on non-payment of rent.

The bill allows for more affordable housing types

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 especially aimed at reducing the pace of urban sprawl in densely populated cities such as Portland, Oregon, with non-traditional land-use zoning.

HB2001 was passed by the Oregon Legislature on March 29, 2023, and signed by Governor Tina Kotek. The bill makes key changes to the eviction process, including extending notice periods for terminations of tenancy based on non-payment of rent and requiring additional notices. It also defines "non-payment" as non-payment of any charges due to a landlord, including rent, late fees, and utility or service charges.

One of the main goals of HB2001 is to increase affordable housing options. It provides an alternative to single-family zoning by allowing duplexes, triplexes, fourplexes, and cottage clusters (several smaller homes built around a community backyard or other green spaces) to be constructed on land initially zoned for single-family homes. This applies to cities with over 25,000 residents, and in cities with over 10,000 residents, duplexes will be permitted. This flexibility in housing types is expected to result in more affordable housing options.

The bill is similar to Minneapolis's new housing policy, which bans zoning for single-family homes, and a similar plan has been adopted by certain neighbourhoods in Seattle. While Oregon's plan is less extreme, it does not ban single-family homes but rather makes it easier for alternative housing types to be built. Approximately 2.8 million people out of Oregon's 4.1 million population live in areas that will be affected by this bill.

In addition to addressing affordable housing, HB2001 also establishes the Oregon Housing Needs Analysis within the Oregon Department of Administrative Services. This analysis will allocate housing needs to cities outside Metro and require Metro to adopt a similar methodology for allocating housing needs within Metro cities. The bill also requires the Housing and Community Services Department to develop a housing production dashboard and housing equity indicators.

It changes the eviction process

On March 29, 2023, Governor Tina Kotek signed House Bill 2001 (HB2001) into law, which made significant changes to the eviction process in Oregon. The bill was passed by the Oregon Legislature on March 21, 2023, and took effect immediately.

HB2001 introduced changes to the eviction process, particularly in cases of nonpayment. The bill extends the notice period for termination of tenancy based on nonpayment from 72 hours to 10 days or from 144 hours to 13 days. This change applies to notices issued under ORS 90.394.

The law also requires landlords to provide tenants with a new type of notice when serving them with any termination notice related to non-payment. This notice, created by the Oregon Judicial Department, informs tenants about their rights and options, such as applying for rental assistance, requesting a repayment plan, or requesting a jury trial. It is available in multiple languages, including Spanish, Korean, Russian, Vietnamese, and Chinese. The notice must be included with any termination notice or summons in an eviction action for nonpayment. Failure to include this notice will result in the court dismissing the case.

HB2001 also extends the time tenants have to cure nonpayment up to their first appearance in court. This means that tenants can now pay the full amount owed under a nonpayment termination notice at any time during the eviction process, and the landlord is required to accept that payment. Additionally, the law requires landlords to reasonably participate with rental assistance programs.

The bill also makes changes to the timeline for court appearances and trials in eviction cases. The deadline for the first appearance in a nonpayment case has been extended to 15 days after the filing of an eviction action, with a possible extension of seven days if no judge is available. The trial setting timeline has also been modified, with the court now required to schedule the trial no earlier than 15 days and no later than 30 days after the first appearance date.

Furthermore, HB2001 alters the process for obtaining a default judgment against a tenant who fails to appear at the first court appearance. Landlords must now testify under oath or submit an affidavit stating that they believe the tenant remains in possession of the premises. The court will only issue a default judgment if these requirements are met.

It extends the notice period for termination of tenancy

On March 29, 2023, Governor Tina Kotek signed House Bill 2001 (HB2001) into law in Oregon, making significant changes to the eviction process and the notice period for termination of tenancy.

The new law extends the notice period for termination of tenancy based on non-payment of rent, giving tenants additional time to resolve any rental payment issues. This change is intended to protect tenants from sudden eviction and provide them with a greater sense of security.

Previously, under Oregon law, landlords were required to provide a 72-hour notice period before terminating a tenancy for non-payment of rent. However, with the passing of HB2001, this notice period has been extended to 10 days. This extension gives tenants more time to address any rental payment issues and seek assistance if needed.

In addition to the extended notice period, HB2001 also requires landlords to deliver a newly created notice, in addition to any other required notices, when serving tenants with a termination notice related to non-payment. This additional notice, which will be posted on the website of the Oregon Judicial Department, aims to provide tenants with clear information about their rights and options.

The new law also gives tenants more time to cure the non-payment cited in a termination notice, allowing them to resolve the issue up until their first appearance in court. This provision ensures that tenants have a fair chance to rectify the situation and avoid eviction.

The changes made by HB2001 took effect immediately upon the bill's signing, and they apply to all housing providers and tenants in Oregon. It is important for both landlords and tenants to be aware of these changes and to seek legal guidance if they have any questions or concerns about how the new law applies to their specific situations.

It requires landlords to participate in rental assistance programs

On March 29, 2023, Governor Tina Kotek signed House Bill 2001 (HB2001) into law in Oregon. The bill makes significant changes to the eviction process, aiming to provide greater protection and assistance to renters facing eviction or struggling to pay rent. One of the key requirements of HB2001 is that landlords must reasonably participate in rental assistance programs.

Under HB2001, landlords are now required to engage with rental assistance programs and work collaboratively with tenants to find solutions and prevent evictions. This marks a significant shift in the state's approach to rental assistance, prioritising collaboration and support for tenants facing financial difficulties.

The bill defines 'nonpayment' as the nonpayment of rent, late charges, utility or service charges, or any other fees outlined in the rental agreement. Notably, 'nonpayment' does not include damages to the premises owed by the tenant. By extending the definition of 'nonpayment' beyond just rent, HB2001 recognises the various financial obligations that tenants may struggle to meet and offers landlords a more comprehensive understanding of their tenants' financial challenges.

When serving a notice of termination for nonpayment, landlords must provide tenants with an extended notice period. Specifically, the notice period has been increased from 72 hours to 10 days or from 144 hours to 13 days, depending on the specific circumstances. This longer notice period gives tenants more time to explore options for financial assistance and seek support from rental assistance programs.

In addition to extending notice periods, HB2001 also requires landlords to deliver a copy of a newly created notice to tenants when serving any termination notice related to non-payment. This notice, which can be downloaded from the website of the Oregon Judicial Department, informs tenants about their rights and options, such as applying for rental assistance, requesting a repayment plan, or requesting a jury trial. By providing this additional information, landlords can empower tenants to take proactive steps to resolve their financial difficulties and potentially avoid eviction.

The new law also extends the timeframe for tenants to address nonpayment up to their first appearance in court. This provision gives tenants more time to explore rental assistance options and work with their landlords to find a resolution. HB2001 also requires landlords to attest that tenants who are absent at their first court appearance remain in possession of the premises before a default eviction judgment can be made.

In conclusion, HB2001's requirement for landlords to participate in rental assistance programs is a significant aspect of the new law in Oregon. By encouraging collaboration between landlords and tenants, the state aims to prevent evictions and provide much-needed support to renters facing financial challenges. The law recognises the importance of keeping people in their homes and offers a more inclusive and supportive approach to rental assistance in Oregon.

It requires cities to plan for housing needs

House Bill 2001 (HB2001) is a piece of legislation passed by the Oregon State Legislature that introduces key changes to the eviction process and requires cities to plan for their housing needs. The bill was signed into law by Governor Tina Kotek on March 29, 2023.

HB2001 establishes the Oregon Housing Needs Analysis within the Oregon Department of Administrative Services. This analysis is responsible for allocating housing needs to cities outside of Metro, while requiring Metro to adopt a similar methodology for allocating housing needs within its jurisdiction. The bill mandates that cities outside Metro plan for their housing needs based on the allocations determined by the Oregon Housing Needs Analysis.

The legislation also requires the Housing and Community Services Department to develop a housing production dashboard and housing equity indicators. These tools will help measure the performance of cities in addressing their housing production goals. The Department of Land Conservation and Development is authorized to audit and enter into housing acceleration agreements with cities that are not effectively adopting or implementing housing production strategies.

In addition, HB2001 amends land use requirements for local governments related to urbanization. It requires cities to measure and plan for development-ready lands, encouraging the adoption of rural reserves for cities outside Metro. The bill also includes provisions for emergency housing assistance and homeless assistance programs, targeting support towards school-aged children experiencing or at risk of homelessness.

Overall, HB2001 is a comprehensive approach to addressing housing needs in Oregon, ensuring that cities plan for and address the housing requirements of their communities. The bill promotes the development of affordable housing options and supports individuals and families facing housing instability.

Frequently asked questions