ORS § 90 § 90.355

Portable cooling device allowed; exceptions; landlord termination based on violation.

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/7/2026OregonSpecific Conditions

Operative Text

ORS § 90 § 90.355
(1) As used in this section:

(a) “Extreme heat event” means a day on which the Housing and Community Services Department determines that a heat event has occurred based on a predicted or indicated excessive heat warning or heat advisory by the National Weather Service of the National Oceanic and Atmospheric Administration.

(b) “Forecast zone” means a region for which the National Weather Service of the National Oceanic and Atmospheric Administration issues forecasts and some watches and warnings based on differences in weather.

(c) “Portable cooling device” includes air conditioners and evaporative coolers, including devices mounted in a window or that are designed to sit on the floor but not including devices whose installation or use requires alteration to the dwelling unit.

(2) A landlord may not prohibit or restrict a tenant from installing or using a portable cooling device of the tenant’s choosing, unless:

(a) The installation or use of the device would:

(A) Violate building codes or state or federal law;

(B) Violate the device manufacturer’s written safety guidelines for the device;

(C) Damage the premises or render the premises uninhabitable; or

(D) Require amperage to power the device that cannot be accommodated by the power service to the building, dwelling unit or circuit;

(b) If the device would be installed in a window:

(A) The window is a necessary egress from the dwelling unit;

(B) The device would interfere with the tenant’s ability to lock a window that is accessible from outside;

(C) The device requires the use of brackets or other hardware that would damage or void the warranty of the window or frame, puncture the envelope of the building or otherwise cause significant damages;

(D) The restrictions require that the device be adequately drained to prevent damage to the dwelling unit or building; or

(E) The restrictions require that the device be installed in a manner that prevents risk of falling; or

(c) The restrictions require that the device be:

(A) Installed or removed by the landlord or landlord’s agent;

(B) Subject to inspection or servicing by the landlord or landlord’s agent; or

(C) Removed from October 1 through April 30.

(3) A landlord may not enforce a restriction on portable cooling devices against a tenant allowed under subsection (2) of this section unless the restrictions are in writing and delivered to the tenant. The written restrictions must include whether the landlord intends to operate, whenever there is an extreme heat event for the forecast zone of the premises, one or more community cooling spaces available to the tenant that are located on or near the premises and that maintain a temperature of not higher than 80 degrees Fahrenheit.

(4) A landlord is immune from liability for any claim for damages, injury or death caused by a portable cooling device installed by the tenant.

(5) A landlord who must limit portable cooling devices for a building under subsection (2)(a)(D) of this section shall prioritize allowing the use of devices for individuals who require a device to accommodate a disability. A landlord is not responsible for any interruption in electrical service that is not caused by the landlord, including interruptions caused by an electrical supply’s inability to accommodate use of a portable cooling device.

(6) If a landlord issues a termination notice under ORS 90.392 or 90.630 based on a violation of a restriction regulating a portable cooling device allowed under subsection (2) of this section:

(a) On each day that there is an extreme heat event for the forecast zone of the premises, the notice period described in ORS 90.392 (3), (4), (5) or (6) or 90.630 (1), (3) or (6) does not run.

(b) The termination notice must state:

(A) The deadline of a cure period designated in the notice, if any;

(B) That the date of termination specified in the notice will be extended by one day for each day that there is an extreme heat event for the forecast zone of the premises; and

(C) That information regarding days with an extreme heat event for the forecast zone can be found on the website for the Housing and Community Services Department.
Source: Legislative text reproduced verbatim
Plain English

Oregon Revised Statutes § 90.355 establishes that tenants generally have the right to install and use portable cooling devices — such as window air conditioners or floor-standing evaporative coolers — in their homes, and landlords cannot simply prohibit them. However, the law carves out specific, limited exceptions where restrictions are permitted, such as when a device would violate building codes, exceed the building's electrical capacity, block a required emergency exit window, or risk falling. Any permitted restrictions must be delivered to the tenant in writing, and if a landlord pursues eviction over a cooling-device violation, the notice period is automatically paused on days officially designated as extreme heat events for the property's forecast zone.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 7, 2026

Plain English — not legal advice.

For Property Managers

Under ORS § 90.355, property owners and managers who wish to impose any restrictions on portable cooling devices must ensure those restrictions fall within the statute's enumerated exceptions and must deliver them to tenants in writing before attempting to enforce them. The written disclosure must also state whether the landlord intends to operate community cooling spaces on or near the premises during extreme heat events, maintained at no higher than 80 degrees Fahrenheit. Operators who need to limit devices due to electrical capacity constraints under subsection (2)(a)(D) are expected to prioritize access for tenants with disabilities, and any termination notice issued over a cooling-device violation must include specific language about how extreme heat event days extend the notice period.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

ORS § 90.355 gives tenants a broad right to install and use portable cooling devices of their choosing, and a landlord can only restrict that right under specific, limited circumstances spelled out in the statute. If a landlord does impose restrictions, those restrictions must be provided to you in writing before they can be enforced — verbal-only restrictions generally cannot be used against you. Tenants who receive a termination notice related to a portable cooling device restriction may want to note that the notice period does not run on days classified as extreme heat events for the property's area; tenant-rights organizations or Oregon's Housing and Community Services Department website can be resources for understanding how those days are tracked.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 7, 2026
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References Out

Rules and statutes cited by this regulation

ORS § 90.392
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References In

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