Eviction Moratorium & Landlord Fund

The Oregon Legislature met in a one-day special session in December to take action on several measures critical to the pandemic response.

One of them, House Bill 4401, will extend the current residential eviction moratorium and establish funding to help both tenants and landlords remain stable. However, the system that was effective January 1 is different than the moratorium that was in place from April-December 2020.

Here’s a brief summary of current law: Effective January 1, tenants who cannot pay their rent will need to complete a declaration form provided by the landlord. Tenants will be asked to affirm (subject to perjury) that they have suffered financial hardship including:

• Loss of household income;
• Increased medical expenses;
• Loss of work or wages;
• Increased child care responsibilities or responsibilities to care for a person with a disability or a person who is elderly, injured or sick;
• Increased costs for child care or caring for a person with a disability or a person who is elderly, injured or sick; or
• Other circumstances that have reduced income or increased expenses.

Tenants who do not pay rent or fill out the form are subject to eviction. Forms will be available in multiple languages to be accessible to all.

Rent subsidy monies will be available in two pots:

• Tenants who meet income eligibility standards can continue to apply for rent monies through the community action agency that serves the region. In Jackson County, that is ACCESS. The tenant rent fund will pay 100% of rent owed. The legislature allocated $50 million to this fund in yesterday’s actions.
• Landlords who have received the completed declaration from a tenant who is behind can apply to a new Landlord Fund that will reimburse 80% of unpaid rent retroactive to April 1, 2020. Landlords who have multiple tenants with unpaid rent can include all requests in a single application. The landlord fund was seeded with $150 million.
• Landlords participating in the program agree to forgive the 20% of rent not covered by the program and to forego evictions during the period of the moratorium (through June 30, 2021).
• Note that landlords do not have to seek reimbursement from the fund. In those cases, the tenant will be responsible for repaying all rent owed at the end of the protected period–April 1, 2020 through June 30, 2021.

For purposes of the moratorium period only, the current 72 hour period required between the time rent is due and the initiation of an eviction process is extended to 10 days. This will allow tenants adequate time to fill out and submit the declaration form that provides eviction protection.

Wildfire Recovery Updates

Four months after the September 8 Almeda wildfire, we are moving from the response phase of the disaster into long term recovery. This month, clean-up of residential and commercial properties, funded by the state and FEMA, will begin in earnest. As bare ground emerges from beneath ash and debris, devastated neighborhoods in Talent and Phoenix will start to reemerge, preparing for the return of displaced residents and businesses.

While we are on mile two of the marathon, a few markers show progress:

• Housing: In early January the legislature’s Emergency Board approved a $25 million allocation to Jackson County Housing Authority to begin planning and construction for permanent affordable and workforce housing. If all goes well, we could have homes ready for occupancy by late in 2022.Everyday, displaced individuals and families are forced to make calculated, often difficult decisions about whether to stay in or leave the Rogue Valley. Our ability to move quickly to re-establish long term housing could be the critical factor for these neighbors.
• Governor’s Wildfire Economic Recovery Council report: In October, Governor Kate Brown convened individuals from across the state to “build a roadmap for recovering and rebuilding from the 2020 wildfires.” Senator Jeff Golden, Rogue Federal Credit Union President and CEO Gene Pelham, and I represented Jackson County on the Council. After several months hearing input, including from fire survivors, the council issued this blueprint for future action.
• Next steps: Recommendations from the Governor’s report will now go to legislative committees. In the State Senate, Senator Golden will chair the Natural Resources and Wildfire Recovery Committee; in the House, I will be vice-chair of the Wildfire Recovery Committee chaired by Rep. Brian Clem. The two committees will be charged with implementing the recommendations of the governor’s report and continuing pursuit of a full recovery.

While this isn’t a perfect solution, the new rules provide much needed protection to ensure that individuals and families suffering from pandemic or wildfire economic disruption don’t find themselves on the street in January. The legislation also recognizes that both tenants and landlords need the housing sector to be stable and funded. No one wins when rents go unpaid. For more information and a copy of the declaration, please refer to this (English and  Spanish) material prepared by the Oregon Law Center.

My Committee Assignments in 2021

I am excited and honored to serve as the Chair of the House Committee On Energy and Environment for the coming session. Our committee priorities will be shepherding policies to promote energy efficiency, energy affordability and environmental justice; moving Oregon to 100% clean electricity; and overhauling the state’s recycling and waste prevention system. I am also very pleased to serve as Vice-Chair as the House Special Committee On Wildfire Recovery, which is charged with supporting fire-impacted communities as we rebound from the devastation experienced in 2020.

You can stay informed about the progress and priorities of each committee at these links. I will keep you posted with updates as the 2021 session progresses, but please contact me if you have particular interest in a piece of legislation.

• House Committee On Energy and Environment – Chair
• House Special Committee On Wildfire Recovery – Vice-Chair
• Joint Committee On Information Management and Technology
• Joint Committee On Tax Expenditures
• House Committee On Agriculture and Natural Resources
• House Committee On Revenue
• House Committee On Housing