Can a landlord evict me, refuse to rent to me, or treat me differently because of my sex, race, color, religion, marital status, 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
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Does a landlord have to make a unit accessible if I have a disability?
If you live in federally-subsidized housing (click here for information on federally-subsidized housing), 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 above if you have questions about reasonable accommodations in rental units.
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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 Tenant Resources Section), or the organizations listed in the first question in this section, above.
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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.
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Can a landlord refuse to rent to me because of my sexual orientation or my gender identity?
City ordinances in Ashland and Eugene prohibit discrimination in housing based on sexual orientation. Ordinances in Beaverton, Bend, Benton County, Lake Oswego, Portland / Multnomah County, and Salem prohibit discrimination in housing based on sexual orientation and/or gender identity. If you live in one of these areas and feel you have been discriminated against based on your sexual orientation or gender identity, contact a lawyer or the Fair Housing Council of Oregon (1-800-424-3247 or (503) 223-8197, 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 upon disability. 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.
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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.) Click here for more information about applicant screening.
ORS 90.390
