(1) As used in this section:
(a) “Qualified third party” means a person that has had individual contact with the tenant and is a law enforcement officer, attorney or licensed health professional or is a victim’s advocate at a victim services provider.
(b) “Verification” means:
(A) A copy of a valid order of protection issued by a court pursuant to ORS 30.866, 107.095 (1)(c), 107.716, 107.718 or 163.738 or any other federal, state, local or tribal court order that restrains a person from contact with the tenant;
(B) A copy of a federal agency or state, local or tribal police report regarding an act of domestic violence, sexual assault or stalking against the tenant;
(C) A copy of a conviction of any person for an act of domestic violence, sexual assault or stalking against the tenant; or
(D) A statement substantially in the form set forth in subsection (3) of this section.
(c) “Victim services provider” means:
(A) A nonprofit agency or program receiving moneys administered by the Department of Human Services or the Department of Justice that offers safety planning, counseling, support or advocacy to victims of domestic violence, sexual assault or stalking; or
(B) A prosecution-based victim assistance program or unit.
(2)(a) If a tenant gives a landlord at least 14 days’ written notice, and the notice so requests, the landlord shall release the tenant from the rental agreement.
(b) The notice given by the tenant must specify the release date.
(c) The notice must be accompanied by verification that the tenant:
(A) Is protected by a valid order of protection; or
(B) Has been the victim of domestic violence, sexual assault or stalking within the 90 days preceding the date of the notice. For purposes of this subparagraph, any time the perpetrator was incarcerated or residing more than 100 miles from the victim’s home does not count as part of the 90-day period.
(3) A verification statement must be signed by the tenant and the qualified third party and be in substantially the following form:
______________________________________________________________________________
QUALIFIED THIRD PARTY
VERIFICATION
______________________
Name of qualified third party
______________________
Name of tenant
PART 1. STATEMENT BY TENANT
I, ________ (Name of tenant), do hereby state as follows:
(A) I or a minor member of my household have been a victim of domestic violence, sexual assault or stalking, as those terms are defined in ORS 90.100.
(B) The most recent incident(s) that I rely on in support of this statement occurred on the following date(s): _________.
___ The time since the most recent incident took place is less than 90 days; or
___ The time since the most recent incident took place is less than 90 days if periods when the perpetrator was incarcerated or was living more than 100 miles from my home are not counted. The perpetrator was incarcerated from ____________ to ____________. The perpetrator lived more than 100 miles from my home from ___________ to ___________.
(C) I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury.
______________________
(Signature of tenant)
Date: ________
PART 2. STATEMENT BY QUALIFIED THIRD PARTY
I, ________ (Name of qualified third party), do hereby verify as follows:
(A) I am a law enforcement officer, attorney or licensed health professional or a victim’s advocate with a victims services provider, as defined in ORS 90.453.
(B) My name, business address and business telephone are as follows:
______________________
______________________
______________________
(C) The person who signed the statement above has informed me that the person or a minor member of the person’s household is a victim of domestic violence, sexual assault or stalking, based on incidents that occurred on the dates listed above.
(D) I reasonably believe the statement of the person above that the person or a minor member of the person’s household is a victim of domestic violence, sexual assault or stalking, as those terms are defined in ORS 90.100. I understand that the person who made the statement may use this document as a basis for gaining a release from the rental agreement with the person’s landlord.
I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury.
______________________
(Signature of qualified third party
making this statement)
Date: ________
______________________________________________________________________________
(4) A tenant who is released from a rental agreement pursuant to subsection (2) of this section:
(a) Is not liable for rent or damages to the dwelling unit incurred after the release date; and
(b) Is not subject to any fee solely because of termination of the rental agreement.
(5) Notwithstanding the release from a rental agreement of a tenant who is a victim of domestic violence, sexual assault or stalking, any other tenant remains subject to the rental agreement.
(6) A landlord may not disclose any information provided by a tenant under this section to a third party unless the disclosure is:
(a) Consented to in writing by the tenant;
(b) Required for use in an eviction proceeding;
(c) Made to a qualified third party; or
(d) Required by law.
(7) The provision of a verification statement under subsection (2) of this section does not waive the confidential or privileged nature of a communication between the victim of domestic violence, sexual assault or stalking and a qualified third party. [2003 c.378 §4; 2007 c.508 §9]
Section: Previous 90.429 90.430 90.435 90.440 90.445 90.449 90.450 90.453 90.456 90.459 90.465 90.472 90.475 90.485 90.490 NextLast modified: August 7, 2008