ORS § 90 § 90.358
Dwelling use as family child care home allowed; conditions.
Operative Text
(1) Except as provided in subsection (4) of this section, a landlord may not prohibit the tenant’s use of a dwelling as a family child care home if: (a) The family child care home is certified under ORS 329A.280 or registered under ORS 329A.330; and (b) The tenant has notified the landlord of the use. (2) A landlord shall take reasonable steps to cooperate with a tenant who uses, or intends, plans or attempts to use, the dwelling as a family child care home. (3) A tenant may enforce the requirements of subsections (1) and (2) of this section under ORS 90.360. (4) This section and ORS 90.385 do not prohibit a landlord from: (a) Requiring that a tenant pay in advance for costs of modifications necessary or desirable for the tenant’s use, certification or registration of the dwelling as a family child care home that are not required of the landlord under ORS 90.320 or the rental agreement. (b) Prohibiting a use not allowed under the zoning for the dwelling unit or an association’s governing documents as defined in ORS 94.550 or 100.005. (c) Prohibiting a use not allowed under rules established by the Early Learning Council implementing ORS 329A.280. (5) A landlord may require that a tenant using the property as a family child care home, at the election of the landlord, either: (a) Require parents of any children under the care of the family child care home sign a document in which the parents: (A) Agree for themselves and their children that the landlord, owner or association, as defined in ORS 94.550 or 100.005, is not liable for losses from injuries to their children or their guests connected with the operation of the family child care facility; and (B) Acknowledge that the family home care provider does not maintain liability coverage for losses from injuries to their children or their guests connected with the operation of the family child care facility; or (b) In addition to the requirements of ORS 90.222, carry and maintain a reasonable surety bond or liability policy covering injuries to their children and guests that: (A) Provides coverage of claims for injuries sustained on account of the negligence of the tenant or its employees; and (B) Names the landlord, owner or association, as defined in ORS 94.550 or 100.005, as an additional insured. (6) This section does not require a family child care home to carry any insurance policy unless required by a landlord under subsection (5)(b) of this section. (7) This section does not apply to housing for older persons as defined in ORS 659A.421.
Oregon Revised Statutes § 90.358 establishes that a landlord generally cannot prevent a tenant from operating a certified or registered family child care home in their dwelling, provided the tenant has notified the landlord of the intended use. The landlord is also required to take reasonable steps to cooperate with such a tenant. However, the provision carves out several exceptions, including situations where the use conflicts with local zoning, association governing documents, or Early Learning Council rules, and it allows landlords to require certain financial protections related to liability. The rule does not apply to housing designated for older persons under ORS 659A.421.
Plain English — not legal advice.
Under ORS § 90.358, compliant property owners and managers generally acknowledge a tenant's right to operate a properly certified or registered family child care home and take reasonable cooperative steps to facilitate that use. Landlords may require advance payment for any modifications needed specifically for the child care operation that fall outside the landlord's standard maintenance obligations. Additionally, landlords may elect to require parents of children in the home to sign a liability acknowledgment document, or alternatively require the tenant to carry a surety bond or liability policy that names the landlord as an additional insured — but not both simultaneously.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.358 gives tenants the right to operate a family child care home in their rental dwelling as long as the home is certified under ORS 329A.280 or registered under ORS 329A.330 and the landlord has been notified of the use. If a landlord refuses to allow the use or fails to cooperate reasonably, tenants may pursue enforcement remedies available under ORS 90.360, which can include remedies for landlord noncompliance. Tenants who believe their rights under § 90.358 are being violated may wish to consult a tenant-rights organization or legal aid provider familiar with Oregon landlord-tenant law to understand the options available to them.
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.
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