Note: In some of the answer sections of this booklet you will see references to ORS, which stands for Oregon Revised Statutes. For example, ORS 90.110. These references are to some of Oregon's landlord-tenant laws. These statutes can be found in most libraries as a part of a sixteen-volume set. You do not need to read these laws to use this booklet.
8. Can a landlord refuse to rent to me because I am gay or a lesbian?
City ordinances in Portland, Corvallis, Eugene, and Ashland prohibit discrimination based on sexual orientation. If you live in one of these cities and feel you have been discriminated against based on sexual orientation, contact a lawyer or the Fair Housing Council of Oregon (1-800-424-3247 or 223-8295, Portland).
State law does not prohibit discrimination based on sexual orientation. But no landlord may refuse to rent to you, increase your rent, evict you or otherwise treat you differently because you have HIV disease or because they think you carry the virus or are likely to acquire it. This would be discrimination based on handicap. Some courts may find that private landlords cannot discriminate against two men or two women because this would be sex-based discrimination. Courts are more likely to find that discrimination on the basis of sexual orientation is prohibited in federally subsidized housing, because government benefits cannot be denied without a good reason.
9. Can a landlord refuse to rent to me because a former landlord tried to evict me from another place?
Sometimes the landlord of a new place that you want to rent finds out during an application screening that one of your old landlords had tried to evict you in court. If you won the earlier eviction case it is not legal for the new landlord to refuse to rent you now solely because of the earlier eviction case. If the new landlord refuses to rent to you for this reason, you can sue the landlord for actual damages or $200, whichever is more. (See Time Limit Warning at the beginning of this booklet section.) See Question 21 for more information about applicant screening. (ORS 90.390)
10. What rights do I have if I live in federally subsidized housing?
If you live in a Housing Authority project or have some other kind of federally-subsidized housing, such as a Section 8 voucher, the rules described in this booklet protect you. You have additional rights set out in your rental agreement, federal law, federal regulations and court orders. There have been many changes recently in federally-subsidized housing. It is important to get updated legal information if you are having a problem in federal housing.
Tenants in federally subsidized housing generally pay 30% of their income as rent or pay the amount set aside in the welfare grant to pay for housing. Tenants may be required to pay a minimum rent of $25 a month.
Tenants have a right to use their federal housing just like they would use a private home. Tenants may have guests. Landlords have no right to intrude on a tenant's privacy just because the tenant is in federal housing.
11. How do I get into federally subsidized housing?
Some subsidized housing is owned by the housing authority; some subsidized housing is owned by private landlords. You should call both the housing authority and the resident manager living in the buildings owned by private landlords to get on the waiting list. Low-income families and individuals can be eligible. Eligibility varies from project to project.
If the housing authority or landlord refuses to put your name on the waiting list, you may ask for a hearing or a conference. If you think that the landlord does not have a waiting list, that the landlord does not want to rent to you for any reason, or if you have questions about federally subsidized housing, contact a lawyer (see the Resources Section of this web site).
There are also loans from Rural Housing (formerly, FmHA) or the United States Department of Housing and Urban Development (HUD) that enable low-income and handicapped people to buy homes without a large down payment and with low monthly payments. Call Rural Housing or HUD. The numbers are listed in most local phone books.