Oregon Lawmakers Pass Robust Eviction and Foreclosure Moratorium Bills

In a whirlwind three-day special legislative session at the end of June, Oregon lawmakers passed several pieces of much-needed legislation to strengthen housing stability. Representing one of the nation’s most comprehensive packages of protections for low-income residents, these laws will preserve the wellbeing of many throughout the state as the coronavirus pandemic persists. The statutes will extend Oregon’s eviction and foreclosure moratoriums for three months; create a six-month repayment period for rent arrears that are owed upon expiration of the eviction moratorium; and establish temporary flexibility for opening emergency shelters. Advocates and members with the Oregon Housing Alliance and Housing Oregon, both NLIHC state partners, effectively mobilized supporters to influence legislators who were instrumental in ensuring the passage of this robust legislation.

Governor Kate Brown previously established a statewide eviction moratorium through an executive order on April 1. The moratorium applied to both residential and non-residential tenancies. This moratorium was set to expire at the end of June but was extended through the end of September by the passage of House Bill 4213 (H.B. 4213). The new law includes a six-month repayment period following the expiration of the moratorium, which the governor did not have authority to enact on her own. The repayment period will prevent eviction due to non-payment through March 31, 2021. Landlords will also be prohibited from reporting late rent payments to credit reporting bureaus throughout the moratorium. Landlords are allowed to notify renters of owed rent, and tenants have 14 days to inform landlords of their intention to use the six-month grace period repayment option.

H.B. 4204 is a similarly important new law that provides solutions for homeowners struggling during the ongoing recessions. H.B. 4204 creates a statewide foreclosure moratorium and establishes new options for forbearance. Just as in the eviction moratorium, foreclosures due to non-payment are halted until September 30, 2020. The foreclosure moratorium, however, does not include a similar six-month repayment period for homeowners who have fallen behind in payments, but rather allows missed payments to be added to the end of a given loan. Both commercial and residential foreclosures are covered through H.B. 4204.

Legislators also passed H.B. 4212, expanding flexibility in siting shelters for people experiencing homelessness. The law allows establishment of new emergency shelters throughout the state by barring local government entities from using certain land-use restrictions. The new law also provides more legal clarity and protection for people experiencing homelessness and living in vehicles, removing some barriers to defining and using emergency shelters. For example, temporary car camping in church parking lots is permitted under the law. Provisions in H.B. 4212 expire after 90 days.

The legislative session was brief. Both Oregon Housing Alliance and Housing Oregon mobilized their supporters quickly and effectively to demonstrate the necessity of this legislation and to communicate their lived experiences. This success was born out of a flurry of calls and emails to legislators and activity on social media. In-person engagement through meetings or testimony was not possible due to social distancing, forcing advocates to develop new tactics to conduct their campaigns online. For hearings before the legislators, advocates also organized community members and impacted low-income households to testify in writing and over the phone in support of the legislation.

Advocates celebrate passage of these laws but have been quick to emphasize the continuing necessity of federal support for renters. “Let’s be clear: we know this isn’t enough. We know people need #RentRelief Now,” stated the Oregon Housing Alliance in a tweet on June 29. “The actions taken by the Legislature during the special session gives us ALL time to keep fighting so people don’t lose their homes.” The Alliance continues to encourage its supporters to lobby their federal delegation in support of rent relief.

Housing leaders also remain focused on finding long-term solutions to the serious rental affordability issues that plague Oregon. “We are grateful for these measures that will expand housing stability in Oregon and forestall a coming wave of evictions,” said Brian Hoop, executive director of Housing Oregon. “Let’s remember, though, that when the moratorium expires, all of the rent is still owed, and renters return to monthly payments that they already couldn’t afford before the COVID-19 emergency. Oregon can best avoid this situation by expanding affordable housing options so that hundreds of thousands are not so constantly teetering on the edge of eviction and homelessness.”

For more information on state-level advocacy in Oregon, contact Alison McIntosh with the Oregon Housing Alliance at [email protected] or Brian Hoop with Housing Oregon at [email protected].  

Read more information about the housing legislation passed in the recent special session of the legislature here: https://bit.ly/32bloKm