(1) A landlord, as defined in ORS 90.100, may not refuse to rent a dwelling unit, as defined in ORS 90.100, to a person with a physical impairment on the basis of the person’s use or possession of an assistance animal.
(2) A person with a physical impairment has a cause of action to recover compensatory damages or $200, whichever is greater, from any landlord who refuses to rent a dwelling unit, or who charges additional rent, on the basis of the person’s use or possession of an assistance animal. The court shall award reasonable attorney fees to the prevailing plaintiff in an action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no objectively reasonable basis for appealing an adverse decision of a trial court.
(3) A person with a physical impairment is not required to pay an additional nonrefundable fee or an excessive deposit for the assistance animal.
(4) A person with a physical impairment is liable for any damages done to the dwelling unit by the assistance animal. [1989 c.336 §3; 1995 c.618 §69; 2007 c.70 §145]
PENALTIES
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Last modified: August 7, 2008