I

4 IN THE CIRCUIT COUIT FOR THE STATE OIT OREGON

5 FOR THR COTJN'fY OF MI.JT,TNOMAI]

6 PI{II.LIP B, OWEN, an individual; OWtjN

PIIOPERTIES LLC, an Oregon limited liability
1 cornpany; and MICHAEI- l-. IEVES, an Case No.
individual,
8 COMPLAINT F'OI. DIllCLAIl.Al'ORY
Plaintiff, JUDGMIi,NT AND PEII.MAN ENT
9 INJUNCTION
l0 NOT SUBJEC]T TO MANDATOIY
CITY OF PORTLAND, an Oregon municipal ARBI'TRATION
ll corporation,

12 Defendant.

l3

14 For their complaints, Plaintiffs allege as follows:

l5 INTRODUCTION
t6 1.

t7 This action challenges amendments to Portland City Cocle Section 30,01,0t,5 by

l8 Ordinance lttl2l9 ("the Ordinance") that require resiclential property lessors to proviclc

t9 relocation assistance amounting to what may often total three months' rsnt to tenants (a) who

20 have left a tenancy after a rent increase of 10o/o or higher; (b) who have received a 9O-clay no-

21 cause termination notice; or (c) reach the end of their lease for a set term and are not ofl'eled a

22 renewal thereof. The Ordinance violates state and federal law in at least four ways. First, it

23 effeotively "controls the rent that may be charged for the rental of any dwelling unit," itt

24 violation of ORS 91.225, Second, the Ordinance conflicts with ORS 90.427, which authorizes

25 no-cause terminations of tenancies, by imposing signihcant hnancial burdens on lessors who

26 utilize the no-cause termination procedure. Third, the Ordinanae expressly applies to existing

Page I - COMPI-AINT IrOR DECILAIA"|ORY .IUDGMUNT

4828-307 7 -5f17 3v.4 0 I 05706-000003
t)^vls wl{l(lI'l lliMAINi l.t.r'
l l00S w lirflr Avcnuc. suilc 24()0
Porllatl. Oregon 9720 I -561(t
(501)l.'1 l..ll00 rrir'(501) 7711 5l()() l'\
 1 leases and therefore impairs contracts in violation of the state Contra<;t Cllausc, Articlc I, scction

2 21, of the Oregon Constitution, and the federal Contract Clause, Article I. section 10, clausc 1, o1'

.) the United States Constitution. Fourth, the Ordinance constitutes undue oppression in violation

4 of the l)ue Process Clause, Amendment XIV, section 1, of the United States Constitution, by

5 placing heavy fnancial burdens on lessors. The Ordinance is also procedurally inlrm because

6 the City Council did not follow its own procedural rules in adopting it and improperly delegated

7 authority to draft vague and ambiguous "conceptual amendments" to the City Attorney.

8 2.

I Plaintil seek declaratory relief and to permanently enjoin enl'orcement of the Ordinance'

l0 IURISDICTION
ll 3.

12
'fhis court has jurisdiction because this action is brought in accordancc with OIS 2fl,0l0

l3 to 28.160, Oregon's Uniform Declaratory Judgments Act, seeking "to alord reliel'with respccl

t4 to rights, status and other legal relations" relevant to Plaintifli and the Ordinance.

l5 VBNUB

t6 4.

17 Venue is appropriate in Multnomah County because the Ordinance was adopted by the

l8 City of Portland, the Ordinance is intended to regulate conduct and to be enforced at least in part

l9 within Multnomah County, and the cause of the suit arose in Multnomah County.

20 BACKGROUND AND PARTIES

2t 5.

22 Plaintilf Phillip E. Owen is a resident of Multnomah County, Owon l)ropcrlics LLC is an

LJ Oregon limited liability company controlled by Owcn. Owen Properties LLC, ancl its wholly

z4 owned subsidiary limited liability companies, own and manage multi-lrnily residcntial propcrty

25 within the City of Portland, which they rent out under Ilental Agreements governcd by the

26 Residential l,ancllorcl and J'enant Act, ORS Chapter 90 on a month-to-month basis' Plaintifi

Page 2 - COMPLAIN I FOR DECI,AR^I'ORY JLJDGMENT

-587 3v.4 0 I 05706-000003
DAVIS WRICl Il 1'lBMAINIT I.l.P
4878-307 7
1300 S.W. l'il'th Avenuc, Sritc 2400
Portland, Oregon 97201-510
(503) 241-2300 rnain'(503) 778-5299 fhx
 1 Michael L. Feves is a resident of Multnomah County. Feves owns and manages multi-family

2 residential property within the City of Portland, which he rents out under Rental Agreements

J governed by the Residential Landlord ancl 1'enant Act, OIS Chapter 90. IIc employs nronth-to-

4 month rental agreements and leases for various terms lbr this purpose, Plaintills scck to ad.iurst

5 rent prices in accordance with their Rental Agreernents and OIS Clhaptcr 90, but arc inrpatrccl or

6 otherwise prevented from doing so by the Ordinance. Plaintil also seek to issue o-caLlse

1 termination notices to tenants from time to time in order to promote the safety and welfare of

8 neighboring tenants, but are prevented fi'om doing so by the Ordinance, Plaintiff's also have

9 existing rental contracts which are impaired by this Ordinance'

t0 6.

11 Defendant City of Portland is an Oregon municipal corporation subject to the limitations

12 on lrome rule authority contained in Arlicle XI, section 2, of the Oregon Constitution and is "a

l3 city" subject to the prohibition in ORS 91.225,

t4 GBNIIAL ALLEGATIONS
l5 7.

r6 On lebruary 2,2017,lhe Portland City Council purportcd to cnact lcsolLrtion

11 No, 188219, which adclecJ to and revisecl Portland City Code 30,01.085 and has bcen cocJifcd as

l8 Ord. 188219. A true copy of the Resolution Ordinance is attached hereto and incorporated

t9 herein as Exhibit l.

20 8.

2t Effective February 2,2017,the revisions to Portland City Code 30.01.085 provide, in

22 pertinent part (underlining indicates amendments):

23 ***,{<{<

24 B. A Landlord may terminate a Ren tal Agre ement without a cause

'Ienantl Act only by
specified in the fiesideritial Landl ord and
25 deliverin b a written notice of termination
ct (the "Tcrminatiotl
Notice to the 'I'enant of (a) no less than 90 days bcf'ore thc
26 termination date designated in that noticc as calcu laled in thc

Page 3 - COMPI.AIN'f I'OR DEC[.AI'41-OIY JLJDGMIN'l'

4{,121,3077-5873v.4 gt05706-000003 l)AVIS WIl(llf 'l'll)M^lNIl l'l''
1100 S.W. I'ifh Avcnrc. Srrlc 24{)0

(,.,,, i;llJi; lllT,'l', i,Lill ilil i' o-

 Act * * *. Not less than 45 days prior to the termination clate
I provided in the Termination Notice. a Landlord shall pay to tlie
Tenant. as relocation assistance. a payment ("Reloca
2 Assistance"l in the amount that 1'ollows: $2"900 for a studio or
single room occupancy ("SRO") Dwelling Unit" $3"300 for a
J one-bedroom l)welling Unit. $4"200 for a two-bedroom
Dwelling Unit and $4"500 for a three-bedroom or larger
4 DwellingUnit. * * *
5

C. * * * If. within 14 days after a Tenant receives an Increase

6 Notice indioating a Rent increase of l0 percent or more within
a l2 month period and a Tenant provides written notice to the
1 Landlord of the'fenant's intent to terminate the Rental
Agreement (the "T'enant's Notice"), then, within 14 days o1'
1 receiving the'l'enant's Notice. the l.andlorcl shall pay thc
]'enant Relooation Assistancc in the antount that lrllows:
9 ..SII
r n e room occll
Dwelli .Jni 300 1'or a
l0 ln ljnit and 4 00 lrr a
three-bedroom or larger dwelling unit, Iror purposes of'this
ll Subsection. a Landlord that conditions the renewal or
ts
renlacement of an exnirinq lease on the T enant asreemelrt 1o
12 H Costs
e Tenant's ren and is ect to the
l3 thisSubsection.*t*
t4 E, The ons I Relocation
I be in effect for the duration of
l5 Emergency declared by Council on October 7" 201 5 by
Ordinance 187371 and extended for a period of I irear to
16 October 6.2017 bv Ordinance 18797i. and shall annlv to all
notices of termination and to all notices of increases o fa
1l Tenant's Rent or Associated ini' Costs nendins as of the
effective date of nrovisions * * t
l8
9.
l9
Plaintif own residential property within the City ol'Portland, whioh they lent or Ieasc
20
'le
out un<ier Rental Agreements and leascs governc<J by the lcsidcntial LancJlorcl altcl narrt Act^
2l
ORS Clhapter 90, Plaintiff-s have in tlie past and plan in thc luturc to do as frllows: (a) acljust
22
rent prices to mark them to the market in aocordance with OI.S Chapter 90; (b) utilizc no-causc
J
terminations to remove problem tenants and thereby proteot the safety and welfare of
24
neighboring tenants; and (c) elect not to renew certain expiring leases.
25

26

Page 4 - COMPLAIN'I FOR DECLAIIAI'ORY JUDGMENT

4g2g-3077 -5g73v.4 0 t05706-000003 DAVIS WR.IGI-II' 'l-RlMA,lNE LLP
1300 S.W. Filtlr Avenue, Suite 2400
Portland, Orcgon 97201-5610
(503) 24 I -2300 nrain ' (503) 7'78-529t) ax
 I 10.

2 Plaintiffs are adversely aff'ected by the enactment ancl enforcement o1'the amendllents to

J the OrcJinance. which both effeotively restrict thc amoulrt rent may incrcase in a givcn ycar ancl

4 put in place significant frnancial penalties in the l'orm of relocation assistancc that burcJcrl

5 Plaintiffs'use of no-oause terminations, The Ordinance also applies by its exprcss tcrms to

6 existing leases and rental agreements to which Plaintills are parties, thereby impairing existirrg

1 contractual rights of Plaintiffs.

I 11.

9 Enacted as emergency legislation effective July 1, 1985, ORS 91.225 provides in

l0 pertinent part:

1l (2) Except as provided in subsections (3) to (5) of this section, a

city or cuntyshall not enact any ordinance or resolution which
12 controls the ient that may be charged for the rental of any dwelling
unit.
l3
****d<
t4
(7)'l'his section is applicable thror"rghout this state ancl in all citics
l5 'l'he electors or the governing body ol'a city
and counties therein.
or county shall not enact, and the governing body shall not cnlbrcc,
l6 any ordinance + * * that is inconsistent with this section.

t7 12.

18 As part of ORS 91.225,the Legislative Assembly adopted legislative hndings stating:

l9 (1) The i.egislative Assembly.frnds that there is a social and

economlc need to insure an adequate supply of affordable housing
20 fbr Oregonians. The Legislative Assembly also finds that the
irnposition of general restrictions on housing rents will disrupt an
21 orderly housing market, increase deferred maintenance of existing
housing stock,lead to abandonment of existing rental units and
22 create a property tax shift from rental-owned to owner-occuped
housing.- Thereiore, the Legislative Assembly declares that the
ZJ irnposition of rent control on housing in the State of Oregon is a
matter of statewide concern.
24
13.
25
OIS 91.225 subsections (3) to (5) contain limitecJ exccptions to thc abovc prohibition lrr
26

Page 5 COMPI,AIN'I F'OI DECI,AIA1'ORY 'IUDGMIiN'f

4828-3077 -5873v,4 0 I 05 706-000003
DAVIS WllOl Il' I RI':MAlNIi .1.'
300 S.W. lilth Avcnuc, Sril0 2400
l)orlnd, Oregon 9720 I -5 I 0
(501) 24 | -2100 nrarn ' (501) 'l'/8-5299 l'ttx
 I (1) residential property subject to local government contracts with "the expressed purpose o1'

2 providing reducecl rents for low income tenants," (2) "condominium conversion ordinances," and

J (3) "ternporary rent controls" irnposed in response to "a natural or man-made disaster tl-rat

4 rnaterially eliminates a significant portion of the rental housing supply

* t *."
5 14.

6 None of the exceptions within ORS 91 .225 apply to the Ordinance because (1) it does not

1 apply only to property subject to government contracts, (2) it is not a condominium conversiol.l

8 orclinance, and (3) it imposes rent cclntrols that are not in rcsponsc to a natural or lnn-nlaclc

9 cJisaster that niaterially eliminate a significant portion of'the rental housing supply.

10 15.

11 ORS 90.427 sets forth the general procedures governing no-cause terminations of

12 perioclic tenancies. When issued in accordance with the notice periods provided by law, OIS

13 90.427(8)(a) specifically provides that written notices of termination of tenancies "need not state

14 a reason for termination."

15 t6.

t6 By requiring the payment of significant penalty amounts for relocation assistance, the

17 Ordinance conflicts with paramount state law as follows: (a) by effectively controlling the rent

18 that may be charged for a dwelling iri violation of ORS 90.225; and (b) by substantially

r9 burdening an<l preventing landlords' ability to use ro-cause terminations to prolnotc tcnant

20 wellarc and safty.

21 17.

22 The Ordinance amendments by their express terms also apply to existing leases and rental

ZJ termination notices issued before their enactment. By changing the terms of existing agreclnents

24 to require substantial payments, the Ordinance as amended unconstitutionally irnpairs contracts

25 in violation of the state Contract Clause, Article I, section 21, of the Oregon Constitution, and the

26 lderal Contract Clause, Article I, section 10, clause l, of the United States Constitution'

Page 6 - COMPLAINT FOR DECLARATORY JUDGMENT

4s2s-3077-sl73v 4 0r05706-000003 ,T'3Y'}1,i'l;lLt"Kil:'J'
(,,,,, f ; !il'8 "'."'Ti l', iJ,'rol ; ill !r, * -
i
I 18.

2 The financial burdens imposed by the Ordinance amendments are also urr<July opprcssive

J in violation of substantive due process under Scction 1 of'lourtccnth Anrendnrnl of'thc tlnitccl

States Constitution, which prohibits the City f'om "depriv[ing] any person o1'lil'c, libcrly.
or
4

5 property, without due process of law,"

6 19.

7 The Ordinanoe amendments are also invalid because they were adopted by the City

8 Council in contravention of the Council's own procedures and the City Council improperly

9 delegated the drafting of "conceptual amendffients" to the City Attorney'

l0 20.

ll Section 2-ll7 of the Porlland City Charter requires laws made by the City to be by

t2 or<Jinance adopted by the Council. Section 3.02.040 o1'the Porlland City Code recluires all

l3 motions to amend, including motions to amencl proposed ordinances, to be distinotly worded.

t4 21.

15
'fhe Council aclopted the Ordinance with amendments made by niotions that proposccl

concepts, not distinct rivords, delegating to the City Attorney the role of determining thc
text ol'
16

17 the Ordinance.

t8 22,

19 Through the adoption of conceptual amendments, the Council violated:

20 (a) Section 2-117 of the Portland City Charler by unlawfully delegating the legislative

21 power of the Council t'o the City Attorney'

22 (b) Section 3,02.040 of the Portland City Code by adopting the Ordinance with

23 amendments that were not distinctly worded.

24 23.
(lity ('harlcr
25 The adoption o1'the Ordinance in violation of Section 2-117 o1'tlrc I)ortlancl

and Section 3.02.040 of the portland City Cocle renders thc Ordinancc invalid in
its cntircty.
26

PageT - COMPT.AINT FOR DECLARATORY JLJDGMEN f

DAVIS WRIGI-I'I"|REMAINII I.l'|')
4828-3077-5873v.4 0105706-000003 1300 S.W I"l'th Ave nuc, Suite 2400
I)0tlad, Orcgon 9720 I -5 I 0
(501) 24l-2300 nrarn'(503) 7?ll-5299 lrx
 CAUSES OF ACTION
1

COUNT I-DECLARATOIIY JUDGMBNT

2
24.
J
Plaintiffs repeat and reallege the allegations contained in paragraphs 1-23 as if fully
4
stated herein.
5
25.
6
Pursuant to ORS 28.010 to 28.160, Plaintiffs are persons "whose rights, status or other
7
legal relations are affected by afnl * * * ordinance," entitling thern to "have deternrinecl any
8
cluestion o1'construction or validity arising unclcr such * t ttrclinancc
* * * *." OIS 2t1.020'
I
26.
t0
Plaintiffs are entitled to a declaration that the Ordinance is invalid and unenl'orccable
1l
because the Ordinance, as a local measure the enactment and enforcement of which ORS 91 '225
12
and ORS 90.417 prohibit, is preempted by ORS 91.225 and ORS 90.427 . Plaintiffs are lurlher
l3
entitleci to a declaration that the Ordinance impairs existing lease agreements in violation of the
14
state Contract Clause, Article I, section 21, of the Oregon Constitution, and the federal Contract
l5
Clause, Afiicle I, section 10, clause l, of the United States Constitution. Plaintiffs are also
16
enlitled to a declaration that the Ordinance violates the Due Process Clause, Amendment XIV,
t7
section l, of'the United States Constitution. Finally, Plaintiffs are entitled to adeclaration that
18
the Ordinance is invalid because its enaotment was procedurally improper.
l9
COUNT II-MANDATOIIY INJIJNC'TION
20
27
2l
Plaintiffs repeat and reallege the allegations contained in paragraphs l-26 as if'l'ully
22
stated herein.
23
28.
24
By passing the Resolution, the City has made the prohibitions therein applicable to r
25
Plaintiffs. The Ordinance as amended threatens severe penalties should Plaintiffs attempt to
26

Page 8 - COMPLAINT FOR DECLARATORY JIJDGMENT

010s706_000003 DAVIS WRICIIT TRIIMAINIj t,r-P
4828-3077-5873v.4
ll00 S,W. Iilh Avcnue , Suile 2400
Portlantl, Oregon 9720 I -5 I 0
(501) 24-2100 narn (5().1) 7/ll-5299 llx
 I comply with paramount state law and their Rental Agreements and Leascs rathcr than thc

2 Orclinance. Plaintifls and their responsible tcnants lcc a rcal an<J inrmcdiatc thrcat of.irrcparablc

3 injury by virtue of the chilling effect of the Orclinance on their ability to use no-oause evictions

4 to remove problem tenants for the benefit of neighboring tenants and institute legal rent

5 increases. Plaintiffs also face irreparable injury because if the Ordinance is not immediately

6 enjoined, Plaintiffs will be forced to pay relocation penalties to tenants that Plaintiffs will never

7 recover if the Ordinance is ultimately f'ound to be invalid.

8 29.

9 Plaintiffs have no adequate remedy at law. Plaintiffs are entitled to permanent injunctive

10 relief barring the City from taking any action to implement or enforce the amendments to the

ll Ordinance,

12 PRAYIIR FOII IET,IEF

l3 WllllREFORE, Plaintifs pray lbr.iudgmcnl as fbllows:

14 1 . Declaring the amendments to the Portland Clity Code Sectitln 30.01 ,0t5 madc by

l5 Ord, 188219 ("the Ordinance") to be invalid and unenforceable because they are plecrnpted by

16 OIS 91 .225 andORS 91 .427;impair contraots in violation of the state and 1deral Constitutions;

17 violate substantive due process; and were not improperly enacted;

18 2. Granting a permanent injunction and enjoining the City from taking any action to

t9 enforce the Ordinance;

20 3. Awarding Plaintiffs their costs and disbursements incurred herein; and

21

22

23

24

25

26

Page 9 - COMPLAINT FOR DECLAIIA'I'ORY JLJDGMIINI'

4ll2tl-3077-5tt73v 4 0 I 0570(r-000003
D^VIS WRICI I l 'l'fllM^lNI:i l-l.P
1300 S.W. lil'th Avcnue , Sililc 2400
I)ortland, Oregon 97201 -5610
(503) 241-2300 nrarn (501) 778-52t9 iix
 4. Granting any other relief that is just and proper.

2 DA'IED this 6th day of February, 2017 .

-) DAVIS V/RIGHT TREMAINE LLP

4
By: s/ John Dilorenzo. Jr
5 John Dilorenzo, J., OSB 802040
Email : johnclilorenzo@)dwt.com
6 P. Andrew McStay, Jr.. OSB 033997
Ernail: andymcsta wt.conr
7 'l"elephone: (503) 241 -2300
I]acsinrile: (503) 77 8-5299
8 Attornoys frr Plainti f'f'

l0

1l

l2

l3

14

l5

16

l7

t8

19

20

21

22

/.J

24

25

26

Page l0 - COMPLAINT FOR DECLAIATORY JUDGMENT

4g2g-3077-5g73v,4 010570(r-000003
' DAVIS WRIC'FII"fRIlMAlNlr LI'P
1300 S.W. Fil'lh Ave ntte ' Suite 2400
I)orllard, Ocg0D 9720 -5610
(503) 24 l-21()0 narn ' (503) 77t-5299 lrx
 4 4rr') ,:r n
ORDINANCE No. "jL * ' -i ' s Amendert

tAmend Afforclable f{ousing Prcservation atrd Portland Renter Protectons to add relocation
assistanc fcrr involuntary displacements of tenants (Ordinanoe; amend Code Section 30.01.085)

The City of Ponland orda.ins:

Section 1. The Council finds:

As noteclin thc City's 2016 Report on the Sfate of Housing in Polnd (the "Housing
Report"). the average monthly rent in Ponland rose 7 percent between 201 5 ancl 201 ,
with increases between 12-18 percent'in 1,2, and 3-bedroom units. Studio apzutments
experiencecl a comparatively smaller increase of 3 percent.

2. T'his is now the fourth consecutive year that Portland has seen an annual rent incrcasc in
excess of 5 reroent, with the average renf increasing nearly 30 pcrcent since 2012,

3. Significant increases in rents raise seriou$ oc)ncerns over potetrtial involuntary economic
clisplacement. l:iast Portlard neight:orhoods saw some of the city's largest rent inueases.

4. Large rent increases in neighbolhootis in Southwest arrd North Portland in both 2015 and
2016 also raise concems over rotential nvoluntary econornic displacement.

5. Duc to the severe shortage of rental housing and shelter space arisittg frorn human-macle
cvcnts arrd circumstanccs, the Ponlanil Cify Council ("Council") declared a housing
c1ergency n October 7 ,2015 (the "l{ousing }:)rergency"). Council extended the
Housing Ernergency fbr one additional year until October [Al ], 217,

6. Aiso in October 2015, finding that Portland tenants need more advanc noticc of bolh ro cause
tenninations and rental increases, Council approved amendments tcl Clity Cotie Chapter
30.01.085 (thc "llortland Renter Protectiors"), requiring a 90-day ncltice before a no-
cause tenninntion of tenancy, and a 9O-clay notice for a rent increase geater thur 5
percent ovsr 12nonth period.

'/. At least 45Yo of the population of Portland are tenants"

8, Aver S?a/o of tenants irr Portland ar ccxrsidered "cost-burdened" (paying over 30% of
tl:eir gross rnonthly inome on rent).

9, The average Pomland tenant is paying between 45olt to 49% of ther income in rent which
o'severely
puts them at significant :isk o1'becoming cost-burdened" (paying over 50%o of
their gross uronthly income on rert).

10. Rent increases of 10% anrl higher have thc efl'ect of construotively evr:tng tenants
("llconomicr lr,ictitins") resulting in irvoluntary eeonomc clisplacement.
 4
.l:. tj(1 A^
r.tr
4 l
1J .ii. U

1 i. Involuntary displacement occurs not only as a result of Ecoriomic Eviotions, but also
u,hen a tenant is forced to leave their horne through no fault of their own due to a ncl-
cause cviction.
12, Involuntary displacenents have contributed to a significant jncrease in hourelessness.
Point-in-'fime Counts t'or 2015 indicate a26.8% irorease in newly homeless individuals
including a 48% inr;rease in persons of color md a24o/o increase in families with
children.

13. Relocaton expenses associatecl involuntary displacement, such as application fees,

security cleposits, doubls rent, tnoving supplies, storage, and lost v/ages present a
signifcant financial burclcn to an average Porlland tenallt.

14. Relocation assistance is essential to allow tenants to manage the unexpecte<l relocation
expensss that result fom involuntary displacements'

I5. Current law allows for just-causc eviction of terrants who arc engaging in unlawful
trehavior, or wlio are otherrvise breaking the conditions of their leasc agreement.
Reme<lies for prorerty orvners in these cit:umstances are well cstablishecl in the coufi
system and are easy and inexpensive to obtain. Tenants evicted fur just-causo reasotls
would not qualify fi:r relocation benefts.

16. Accorclingly, the Portland Renter Protections set forth in City Code Chapter 30,01.085
are anrended to inclucle for the provision of relocation assistatrce fir tenants receiving a
9O-clay notie for a no-cause tenlination of tenancy or an Econclmic Et'ictiotl
("Relocati on Assi stance").

I 7. Relocation Assstancc amounts were determined by averaging the range of rental rates of
sirnilarly sized units cross the city according to the Housing Report. Averaging the
range ofrents also cr$ates an equitable flat fec that does not vary based on tlte current
rent paid, thus giving property owners a fixeci amount to plan for'

NOW, THEREFORE, the Council directs:

a. City Cocle Chapter 30.01 Affbrdable Housing Preservation is hereby amended to add
Relocation Assistance to the Portland Renter Ptotections, as provided in Exhibit A,
attached hereto.

t. Portland Housing Bureau is directe<l to

establish an advisory bocly cornprised of'
represetatives fi'om landlords, tenants aucl other interestecl parties to review any proposecl
changes to the lar.v and to repofi to Council as needed, but at least prior to October 7 ,2011 '

c, If any portion of this Ordinance or the Relocation Assistance is ruled invalid, void or iliegal
by an orcler of the court, the remaincler of this Ordinancc and the Relocation Assistance
shall remain in full frirce ancl eff'ect.
 "\* J* I$
Ssctjo 2. The Council cleclares that an emergency exists to prevent delays in inrplcmenting the
Rclocation Assistance therefbre, this orclinance shall bc in full fbrce and efl.ect on anci after its
clate of'passage,

Passed by the Council: FB 2ii Mary Ilull Caballero

Autii tor of the Ci ty ol'Portlary|r
Clornm Eudaly and Mayor Wheclcr By \, -ul
(,.,* fillt"f'*wr
Prepared by: Jamey Duhalnel
Date Prepal ed: 0 I 12412017 Deputy
 Ltt5
Agenda No. .,i (-\ 1-: r'r '1 f't f- ,{fellfjmi
j'
ORDINANCE NO. .ll- {i .}- it
Title

*Alrrrcl \.t'lordable [ousing l)reservation ancl Portland Renter Proleticns to aclcl rclocation assistiuce fbr
involr.urtzrr,v displacernents of tenants (Ordnance; /tinencl Code l:apfru:{-O1-)
..r.,.r. , .i-..) ::, .-t..,, ,,-,\ | , .:-.., l

t1i
INTROOUC BY CLERK U$E: DATE FILED
Commissioner/Aud itor:
Comm udaly and Mayor
Wheeler
APPROVAL Mary HullCaballero
ALditor of the City of Portland
Wheeler

Positon 11utilties - Fritz

Fish
By:
Deputy
Position 3iAtfairs - Saltzrrt

Position 4/S TKN:

EUREAU APPROV
Bureau:
Bureau Head

Prepared by: Jamey Duhamel

Date P red', 1123117
lmpact Statement
Completed Xl Amends Budget I
Portland Policy Document
ll "Yes" requres Cty Policy paragraph stated
rn docunrent.

YesI No8
Citv Auditor Office APProvali.
reqired for Code Ordirances .''],*

c ity Atto rney

req uired for contfa
fr nchise com p lan, charte

Council Meeting Date 21A2117

AGENDA FOUR.FIFTHS AGNDA

TIM CERTAIN X NAYS

Start time: !p1
I Fritz
'1
. Ftie.
Total amount of time needed: 3hrs
(for presentation, testmony and discussion) 2. Fish 2. Fish

3. Slizmn 3. Saltzman
CQNSENT N
4. Euday 4. Eudaly
RGULAR []
Total amount of time needed: Wheeler Wheeler
(for presentation, testimony and discussion)
 'rl r] r ' {l fl
li-l)ul',J-
Exhibit A

30.01.085 Portland Renter AdclitionalProtections.

(Ad<led by Ordinance No. 187380, efibctive November 13, 2015')

A. In additin tg the protections set forth in the Residential Landlord and Tenant Aot,
the follwing ad<litional protections apply to Tenants that have a Rental Agreement
for e Dwellilq UnifPrmi$es covered by the Act. For purposes of this chapter,
capitalized terms have the meaning set forth in the Residential Landlod and Tenant
Act.

B. A Landlord may tenninate a Rental Agreement without a cause specifed in the Act
oly by delivering a written notice of tennination (the "Tennination NQce"Ito the
Tenant ofl(a) not less than 90 days befbre the termination date designated in that
n6tice as calculated under the Act; or (b) the tirle period designated in the Rental
Agreem ent, whichever is longer. Not less than 45 days prior to the tennination date
T

studio
Uni Unit
for or U requirementg of
this Subsection does not aPPl y to Rental Agreements for week*to-week tenancies'
one

an ex
and
is subiect to the provisions of this Subsection.

C A Landlord may not increase a Tenant's Rent or Associated Housing Costs by 5

percent or more over a l2lncrnth period unless the Lan<llord gives notice in writing
(the "Increale Notice") to each affected Tenant: (a) at least 90 days prior to the
ui" of the rent increase; or (b) the tirne period designated in the Rental
"ffb"tit"
Agreement, whichever is longer. Such notice must specifo the amount of the
increase, the anount of the nsw Rent or Associated Housing Costs and the date, as
calculated under the Act, when the increase becomcs effbctive, If within 14 days

then

enant'