Discrimination Against Tenants
by: Legal Aid Services of Oregon
TIME LIMIT WARNING: Under state and federal laws there are time limits for taking action to enforce your rights. Most lawsuits related to the rental agreement and the Oregon Residential Landlord and Tenant Act must be filed (started in court) within one year of the incident. There may be other — shorter — time limits that apply in other cases. Ask a lawyer about the time limits that could apply in your situation.
Can a landlord evict me, refuse to rent to me, or treat me differently because of my sex, race, color, religion, marital status, sexual orientation, national origin, physical handicap, mental handicap, because I have a guide dog, or because of my source of income?
Not legally. If you think that the landlord is treating you differently because you fit into one of these categories, contact a lawyer (see the Resource Section at the back of this booklet), the Fair Housing Council of Oregon (1-800-424-3247, or (503) 223-8197 in Portland), or the Department of Housing and Urban Development (HUD: 1-800-877-0246).
There is one exception to the general rule stated above: a landlord can discriminate based on sex when the landlord rents a space in the landlord’s own residence and all occupants share some common space within the residence (42 USC §§ 3601-3617).
It is not legal to refuse to rent to a blind or deaf person because the person has an animal needed to help this person. Landlords cannot charge additional rent or fees for a hearing or guide dog.
State law also prohibits discrimination because of a tenant’s source of income (for example, welfare). But, state law does not clearly say that a landlord is prohibited from discriminating against people with Section 8 certificates or vouchers. ORS 659A.421
Does a landlord have to make a unit accessible if I have a disability?
If you live in federally-subsidized housing (see here), the landlord has to permit and pay for changes to the unit in order to reasonably accommodate your disability, unless doing so would impose an undue financial burden on the landlord. Examples of reasonable accommodation include assigning you a parking space near the door, installing a ramp, or changing a rule.
Private landlords, as a general rule, must permit you to make changes to the unit to reasonably accommodate your disability, but are not required to pay.
Contact the Fair Housing Counsel at the numbers listed in above if you have questions about reasonable accommodations in rental units.
Can a landlord refuse to rent to me or treat me differently because I have children?
A landlord may not refuse to rent to you, evict you, or treat you differently because you have children. There are exceptions for certain federally subsidized projects, for projects where all of the tenants are over 62, for projects where 80% of the tenants are over 55, and when the landlord rents space in the landlord’s own residence if all occupants share some common space within the residence. In all other cases, if your landlord is discriminating against you because you have children, you should contact a lawyer (see Resources Section at the back of the Landlord-Tenant Law in Oregon booklet), or the organizations listed under the first question above.
Can a landlord rent to me if I am younger than 18?
Yes. A state statute says that, if you are at least 16-years old or if you are pregnant with a child who will live with you, you can enter into rental agreements and be held responsible for paying rent and utilities. Minors who are younger than 16 or who are not pregnant can also sign a binding rental agreement under some circumstances. Under state law, landlords are not required to rent to people who are under age 21 or over age 45. But some city ordinances make it illegal to discriminate against a person because of his or her age.
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 the Time Limit Warning at the beginning of this booklet section.) See Question 20 for more information about applicant screening. ORS 90.390
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