(1) A person conveying or contracting to convey fee title to real property may not include in an instrument for such purpose a provision:
(a) Restricting the use of the real property by any person or group of persons by reason of color, race, religion, national origin or physical or mental disability.
(b) Restricting the use of the real property by any home or facility that is licensed by or under the authority of the department under ORS 443.400 to 443.455 or 443.705 to 443.825 to provide residential care alone or in conjunction with treatment or training or a combination thereof.
(2) Any such provision in an instrument executed in violation of subsection (1) of this section is void and unenforceable.
(3) An instrument that contains a provision restricting the use of real property in a manner listed in subsection (1)(b) of this section does not give rise to any public or private right of action to enforce the restriction.
(4)(a) An instrument that contains a provision restricting the use of real property by requiring roofing materials with a lower fire rating than that required in the state building code established under ORS chapter 455 does not give rise to any public or private right of action to enforce the restriction in an area determined by a local jurisdiction as a wildfire hazard zone. Prohibitions on public or private right of action under this paragraph are limited solely to considerations of fire rating.
(b) As used in this subsection, “wildfire hazard zones” are areas that are legally declared by a governmental agency having jurisdiction over the area to have special hazards caused by a combination of combustible natural fuels, topography and climatic conditions that result in a significant hazard of catastrophic fire over relatively long periods each year. Wildfire hazard zones shall be determined using criteria established by the State Forestry Department. [1973 c.258 §1; 1989 c.437 §1; 1991 c.801 §7; 1993 c.311 §1; 1993 c.430 §3; 2007 c.70 §20]
Note: The amendments to 93.270 by section 16, chapter 100, Oregon Laws 2007, are the subject of a referendum petition that may be filed with the Secretary of State not later than September 26, 2007. If the referendum petition is filed with the required number of signatures of electors, chapter 100, Oregon Laws 2007, will be submitted to the people for their approval or rejection at the regular general election held on November 4, 2008. If approved by the people at the general election, chapter 100, Oregon Laws 2007, takes effect December 4, 2008. If the referendum petition is not filed with the Secretary of State or does not contain the required number of signatures of electors, the amendments to 93.270 by section 16, chapter 100, Oregon Laws 2007, take effect January 1, 2008. 93.270, as amended by section 16, chapter 100, Oregon Laws 2007, and including amendments by section 20, chapter 70, Oregon Laws 2007, is set forth for the user’s convenience.
93.270. (1) A person conveying or contracting to convey fee title to real property may not include in an instrument for that purpose a provision:
(a) Restricting the use of the real property by any person or group of persons by reason of race, color, religion, sex, sexual orientation, national origin or disability.
(b) Restricting the use of the real property by any home or facility that is licensed by or under the authority of the department under ORS 443.400 to 443.455 or 443.705 to 443.825 to provide residential care alone or in conjunction with treatment or training or a combination thereof.
(2) Any provision in an instrument executed in violation of subsection (1) of this section is void and unenforceable.
(3) An instrument that contains a provision restricting the use of real property in a manner listed in subsection (1)(b) of this section does not give rise to any public or private right of action to enforce the restriction.
(4)(a) An instrument that contains a provision restricting the use of real property by requiring roofing materials with a lower fire rating than that required in the state building code established under ORS chapter 455 does not give rise to any public or private right of action to enforce the restriction in an area determined by a local jurisdiction as a wildfire hazard zone. Prohibitions on public or private right of action under this paragraph are limited solely to considerations of fire rating.
(b) As used in this subsection, “wildfire hazard zones” are areas that are legally declared by a governmental agency having jurisdiction over the area to have special hazards caused by a combination of combustible natural fuels, topography and climatic conditions that result in a significant hazard of catastrophic fire over relatively long periods each year. Wildfire hazard zones shall be determined using criteria established by the State Forestry Department.
Section: Previous 93.220 93.230 93.240 93.250 93.260 93.265 93.268 93.270 93.272 93.273 93.275 93.280 93.290 93.295 93.300 NextLast modified: August 7, 2008