ORS § 90 § 90.465
Right of city to recover from owner for costs of relocating tenant due to condemnation; defense.
Operative Text
(1) A city with a population that exceeds 300,000 shall have a right of action against the owner of any premises to recover the reasonable costs of relocation incurred by the city because the condition of the premises causes condemnation and relocation of the tenants at public expense. In order to recover the costs, the city must allege and prove that, due to action or inaction of the owner, the premises are or have been in multiple and material violation of applicable health or safety codes for a period of more than 30 days and that the violation endangers the health or safety of the tenants or the public, or both. (2) It shall be an affirmative defense to recovery of relocation costs incurred for any tenant that the condition was caused by the action or negligence of that tenant. (3) The official responsible for city code enforcement shall notify the owner in writing when the official finds the premises to be in a condition that may cause tenant relocation. The notice shall also inform the owner of the potential liability for relocation costs. (4) A landlord may not terminate a rental agreement because of the receipt of the notice required by subsection (3) of this section except for the reasons set forth in ORS 90.385 (4). The owner is not liable for tenant relocation costs if the termination is for the reasons set forth in ORS 90.385 (4)(b). (5) The action provided in subsection (1) of this section is in addition to any other action that may be brought against an owner under any other provision of law.
ORS § 90.465 establishes that cities in Oregon with populations exceeding 300,000 may sue a property owner to recover the public costs of relocating tenants when the property's condition leads to condemnation. To succeed, the city must show that the owner's action or inaction caused multiple, material health or safety code violations lasting more than 30 days that endangered tenants or the public. An owner can defend against relocation cost claims for a specific tenant by showing that the tenant's own actions or negligence caused the violating condition, and the city's code enforcement office is required to give the owner written notice before liability attaches.
Plain English — not legal advice.
Under ORS § 90.465, property owners in Oregon's largest cities face potential financial liability to the city if their properties fall into conditions serious enough to trigger tenant condemnation and relocation at public expense. Compliant operators generally respond promptly to written notices from code enforcement, address health and safety violations well within the 30-day threshold, and document any tenant-caused damage that might support an affirmative defense. Importantly, receiving a notice under subsection (3) does not itself justify terminating a tenancy — terminations remain limited to the specific grounds outlined in ORS 90.385(4).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.465 provides a layer of protection for tenants in Oregon cities with populations over 300,000 by requiring the city to pursue relocation cost recovery from owners whose neglect leads to condemnation, rather than leaving tenants without recourse. Tenants should be aware that a landlord is generally prohibited from terminating a rental agreement simply because the city has issued a code-enforcement notice under this provision. Tenants who believe their housing conditions may be approaching condemnation-level violations can contact local code enforcement, reach out to a tenant-rights organization, or explore whether a complaint with the city is appropriate.
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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