Source of income law in Oregon: ORS 659A.421 and the inability-to-pay clause
Oregon's fair housing statute, ORS 659A.421, lists source of income beside race, sex and other protected traits. It defines source of income to include federal rent subsidy payments under 42 U.S.C. 1437f and any other local, state or federal housing assistance. It also says a landlord may still refuse an applicant for inability to pay rent, counting the value of the housing assistance, and for past conduct, as long as the refusal is consistent with fair housing law.
Who is covered?
Subsection (1)(d)(A) says source of income includes federal rent subsidy payments under 42 U.S.C. 1437f, the statute behind the Housing Choice Voucher program, and any other local, state or federal housing assistance. Paragraph (B) says it does not include income derived from a specific occupation or income derived in an illegal manner. The wording means a paycheck cannot be sorted into protected and unprotected categories by employer or job, but a lawful housing subsidy is protected.
What conduct does Oregon prohibit?
Subsection (2) says a person may not, because of source of income and the other listed traits, refuse to sell, lease or rent real property to a purchaser (which includes a prospective renter); expel a purchaser; make any distinction, discrimination or restriction in the price, terms, conditions or privileges of the rental or in the services provided; or attempt to discourage the rental. Paragraph (e) bars publishing or displaying any communication, notice, advertisement or sign that indicates a preference, limitation or discrimination on those grounds, so a "no vouchers" line in a listing is a violation by itself.
What may a landlord still consider?
Subsection (2)(a) carries two limits on the refusal rule. The first allows a refusal based on the applicant's past conduct, provided it is consistent with local, state and federal law, including fair housing laws. The second allows a refusal based on the applicant's inability to pay rent, taking into account the value of the applicant's local, state and federal housing assistance, again provided it is consistent with the law. The assistance counts toward the applicant's ability to pay, so a screening standard that ignores a voucher in the calculation does not fit the statute.
Example a made-up applicant holds a voucher that pays most of a $1,500 rent and the applicant's own share is $400. The landlord's written standard tests whether the applicant can cover the rent with the voucher counted. A denial reason stated as "income below three times full rent" ignores the assistance and would be hard to defend. A reason stated as "unable to pay the tenant share after the voucher" fits the statute, if it is true and is applied to every applicant the same way.
How is it enforced?
The table of contents of ORS chapter 659A shows the enforcement structure: the Bureau of Labor and Industries takes complaints (ORS 659A.820 and following), investigates, may settle and brings formal charges, and 659A.885 provides for a civil action. Section 659A.805 lets the commissioner adopt rules about what notices and advertisements indicate a preference based on source of income in real property transactions. I did not read those sections in full for this post, so confirm the remedies and time limits on the legislature's site.
- Write the inability-to-pay test with the voucher counted.
- Keep the denial reason tied to the written criteria.
- Search listings and templates for any source-of-income limits.
- Document past-conduct refusals with the specific conduct and date.
Where does DoorKeeping fit?
DoorKeeping keeps your written screening standard, each application, the dates you responded and the reasons in one place, so every applicant gets the same checklist and you can show it. You make the decisions. This is general information, not legal advice: check the current statute, and ask a local attorney if an applicant raises a complaint.
Sources
Questions
- Does Oregon protect Section 8 voucher holders?
- Yes. Source of income includes federal rent subsidy payments under 42 U.S.C. 1437f and other housing assistance (ORS 659A.421(1)(d)).
- Can an Oregon landlord refuse for inability to pay rent?
- Yes, taking into account the value of the applicant's housing assistance, if consistent with fair housing law (659A.421(2)(a)).
- Can an Oregon listing say no vouchers?
- No. Paragraph (2)(e) bars advertisements that indicate a preference or limitation based on source of income.