Oregon Fair Housing Act: An Overview

Key Takeaways

• Establish written rental criteria before reviewing applications and apply the same standards consistently throughout the screening process.
• Review rental advertising regularly to make sure descriptions focus on the property and its features rather than prospective renter characteristics.
• Keep organized records of applications, rental decisions, communications, and lease documents to support consistent property management practices.
• Learn how reasonable accommodations, reasonable modifications, and assistance animals can affect standard property policies and procedures.
• Review both Oregon and federal fair housing requirements periodically, particularly when managing rental properties in Eugene and the surrounding Lane County area.

As an Oregon landlord, understanding and following fair housing laws is an important part of operating a successful rental property. Federal and Oregon laws prohibit housing discrimination and establish protections for renters based on certain personal characteristics and circumstances.

For property owners, fair housing compliance affects many parts of the rental process, including advertising, tenant screening, leasing, property management, reasonable accommodation requests, and how residents are treated after move-in.

Oregon law also provides certain protections beyond those required under the federal Fair Housing Act. Understanding these requirements can help landlords apply their rental policies consistently and avoid potentially discriminatory practices.

In this guide, we at Campus Connection Property Management will explain the basics of federal and Oregon fair housing requirements and provide practical tips for landlords and rental property owners.

What Is the Federal Fair Housing Act, and What Does It Cover in Oregon Specifically?

The federal Fair Housing Act is a federal law that prohibits discrimination in the sale, rental, and financing of housing based on race, color, national origin, religion, sex, familial status, or disability.

Fair housing requirements can apply throughout the rental process. For landlords, this includes advertising a property, communicating with prospective renters, reviewing applications, establishing rental terms, providing services and facilities, handling reasonable accommodation requests, and enforcing lease policies.

Oregon also has state fair housing protections that go beyond the federal requirements in certain areas. For example, Oregon law provides protections related to marital status, source of income, sexual orientation, and gender identity, among other protections.

The Fair Housing Council of Oregon provides education and resources related to fair housing. Oregon's Bureau of Labor and Industries (BOLI) is responsible for investigating housing discrimination complaints under Oregon law, while the U.S. Department of Housing and Urban Development (HUD) enforces federal fair housing requirements.

For landlords, the goal is straightforward: apply rental policies and decisions consistently and avoid treating applicants or residents differently because of a protected characteristic.

If you're concerned with breaking a lease, check out our article on breaking a lease in Oregon.

What Do Fair Housing Laws Prohibit in Oregon?

Fair housing laws affect more than the decision to approve or deny a rental application. Landlords should consider fair housing requirements throughout the entire rental relationship.

Depending on the circumstances, prohibited discrimination can include:

• Refusing to rent or sell housing because of a protected characteristic
• Applying different rental criteria to different applicants
• Charging different rent, deposits, or fees because of a protected characteristic
• Offering different lease terms or conditions
• Steering applicants toward or away from particular properties or units
• Using discriminatory language in rental advertising
• Providing different services, facilities, or amenities
• Discouraging someone from applying because of a protected characteristic
• Refusing to properly consider a qualifying reasonable accommodation request
• Discriminating against a resident because they exercise rights protected by fair housing laws

Landlords should establish clear rental policies and apply them consistently. Documenting rental decisions and maintaining consistent screening procedures can also help demonstrate that applicants and residents are being treated according to established criteria rather than personal characteristics.

Race and Color

Landlords cannot make rental decisions based on an applicant's race or color. This includes refusing to rent, applying different rental terms or conditions, charging different amounts, providing different services, or otherwise treating a renter differently because of their race or color.

Fair housing requirements also apply to advertising. Rental advertisements should not express preferences or limitations based on race or color.

National Origin

Housing providers cannot discriminate against applicants or residents because of their national origin. Landlords should apply the same rental criteria, lease terms, rules, and services regardless of a person's country of origin, ancestry, or related characteristics protected by law.

Religion

Landlords cannot refuse to rent to someone because of their religion or religious beliefs. They also cannot impose different rental terms or conditions or make statements indicating a preference for or against people of a particular religion.

Sex, Sexual Orientation, and Gender Identity

Federal fair housing protections prohibit discrimination based on sex, including sexual orientation and gender identity. Oregon law also provides protections based on sexual orientation and gender identity.

Landlords should apply the same rental criteria, lease terms, property rules, services, and amenities regardless of an applicant's or resident's sex, sexual orientation, or gender identity.

Familial Status

Fair housing laws protect people from discrimination based on familial status. For example, landlords generally cannot refuse to rent to someone because they have children, are pregnant, or are in the process of obtaining legal custody of a child.

Landlords should not charge different rent or security deposits, impose different lease terms, limit access to amenities, or steer families toward or away from particular units because they have children.

Disability

Federal and Oregon fair housing laws provide protections for people with disabilities. Landlords may have obligations to consider reasonable accommodation requests and, when applicable, reasonable modification requests that allow a person with a disability to have an equal opportunity to use and enjoy their home.

An accommodation may involve changing a rule, policy, practice, or service. A modification generally involves a physical change to a property. The requirements and responsibility for a particular request can depend on the circumstances.

Assistance animals can also be protected under fair housing laws and are not necessarily treated the same as pets. Landlords should evaluate disability-related requests individually and follow applicable federal and Oregon requirements rather than automatically denying them under a standard pet policy.

Marital Status

Oregon law protects people from housing discrimination based on marital status. Landlords should not impose different rental requirements, fees, or terms simply because applicants are married, unmarried, or in another legally protected marital-status category.

Source of Income

Oregon also provides protections related to source of income. Landlords should not reject an otherwise qualified applicant simply because their income comes from a protected source.

Property owners can still establish and apply lawful income and screening requirements. However, those requirements should be applied consistently to all applicants and should not be used to discriminate based on the source of an applicant's income.

Survivors of Domestic Violence, Sexual Assault, and Stalking

Oregon law provides specific housing protections for survivors of domestic violence, sexual assault, and stalking. Landlords should understand these protections and avoid taking prohibited housing actions against a resident because they are protected under applicable law.

Fair Housing Tips for Oregon Landlords

Following a few consistent practices can help rental property owners reduce the risk of fair housing violations.

Establish Written Screening Criteria

Create clear rental criteria before reviewing applications and apply those criteria consistently. Requirements related to income, credit, rental history, occupancy, or other screening factors should not change based on an applicant's protected characteristics.

Use Consistent Advertising

Use neutral language that focuses on the property and its features. Avoid statements that indicate a preference or limitation based on a protected characteristic.

Apply Policies Consistently

Lease rules, fees, maintenance services, parking policies, amenity access, and other property policies should be applied consistently to residents. If an exception is necessary because of a legally protected accommodation, document the request and handle it according to applicable requirements.

Document Rental Decisions

Keep appropriate records of applications, screening decisions, communications, lease agreements, notices, and other important rental documents. Consistent documentation can help demonstrate that decisions were based on established rental criteria and legitimate property-management considerations.

If you need help with security deposit decisions, take a look at our article on security deposit laws in Oregon.

Understand Disability-Related Requests

Learn the difference between reasonable accommodations, reasonable modifications, and assistance animals. These requests may require landlords to make exceptions to standard policies or otherwise modify how a property is managed.

Train Everyone Involved in Leasing

If employees, leasing agents, maintenance personnel, or other representatives interact with applicants and residents, make sure they understand your fair housing policies and know how to respond to questions or requests appropriately.

Stay Current on Fair Housing Requirements

Federal, state, and local housing requirements can change. Review applicable regulations periodically and seek professional guidance when a situation raises a fair housing question.

Bottom Line

Fair housing compliance is an important responsibility for every Oregon landlord. From advertising and tenant screening to lease enforcement and disability-related requests, property owners should use consistent policies and avoid making housing decisions based on protected characteristics.

Understanding both federal and Oregon fair housing requirements can help landlords create a more consistent rental process and reduce the risk of discrimination complaints.

If you need help managing your Oregon rental property, Campus Connection Property Management can assist with services including marketing, tenant screening, maintenance, leasing, and ongoing property management.

Because fair housing requirements can depend on the specific circumstances and applicable federal, state, and local laws, landlords with questions about a particular situation should consult a qualified fair housing or legal professional.

Frequently Asked Questions About the Oregon Fair Housing Act

Can Oregon Landlords Set Income Requirements For Rental Applicants?

Yes, landlords can generally establish lawful income requirements, but those requirements should be applied consistently to all applicants. Oregon's Bureau of Labor and Industries states that landlords may require proof of income and establish minimum income standards, while married and unmarried applicants must be held to the same standard.

How Can Landlords Make Their Tenant Screening Process More Consistent?

Start by establishing written screening criteria before reviewing applications, then use those criteria consistently for every applicant. Keep records showing how applications were evaluated and avoid making exceptions based on personal characteristics or circumstances unrelated to the established criteria.

What Should Landlords Document For Fair Housing Compliance?

Owners should retain appropriate records related to the rental process, including applications, screening decisions, communications, leases, notices, and relevant policy documents. Documentation should clearly reflect legitimate property-management decisions and the criteria used to make them.

Do Fair Housing Requirements Apply To Property Management Companies?

Yes. Property management companies and their employees can be subject to applicable federal and Oregon fair housing requirements when performing services such as marketing, leasing, screening, and managing rental properties. For owners who work with a professional manager, it is still important to understand the policies and procedures being used to manage the investment.

Can A Property Manager Help Owners With Fair Housing Compliance?

A professional property manager can help owners implement consistent leasing and property-management procedures, although specific legal compliance questions may require advice from a qualified attorney or fair housing professional.

Campus Connection Property Management offers services including marketing, tenant screening, leasing, maintenance, and ongoing management for single-family homes, apartments, and multifamily properties.

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.