ORS § 456 § 456.804
Department notice of extension of affordability restrictions; recording; termination.
Operative Text
(1) If a property owner or landlord does not timely provide notice required under ORS 456.781 (1) or (2) or 456.788 (3) or (4), the Housing and Community Services Department may record in the real property records of the county in which the property is located, without the consent of the owner, a notice of extension of affordability restrictions. All the terms of an expiring affordability restriction remain in effect during the term of the extension of affordability. (2) The notice permitted under subsection (1) of this section: (a) May only be recorded prior to the termination date and after the department has provided the property owner at least 14 days’ written notice. (b) May be recorded without regard to whether the owner gives notice to the department under ORS 456.781 (3)(b) or 456.788 (5)(b). (3) A notice recorded under subsection (1) of this section must specify an ending date for the extension of affordability restrictions that is no later than the termination date or, if no termination date is ascertainable, no later than 30 months from the date of recording.
Under ORS § 456.804, when a property owner or landlord fails to give the required advance notice about expiring affordability restrictions, the Oregon Housing and Community Services Department has the authority to record a notice of extension of affordability restrictions directly in county real property records—without the owner's consent. This recorded notice keeps all existing affordability terms in force during the extension period. The extension cannot run past the original termination date or, if no termination date can be determined, beyond 30 months from the date of recording.
Plain English — not legal advice.
ORS § 456.804 gives the Housing and Community Services Department the power to unilaterally record an extension of affordability restrictions in county property records when an owner misses the notice deadlines set out in ORS 456.781 or 456.788. Operators who stay current with those notice requirements—and respond promptly to any 14-day written warning from the department—generally avoid having an involuntary extension recorded against their property. Maintaining a compliance calendar tied to affordability restriction expiration dates is a common practice among property managers subject to these rules.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 456.804 provides a meaningful protection for tenants living in properties with expiring affordability restrictions: if a landlord fails to give the required notices, the Housing and Community Services Department can record an extension that keeps all affordability terms—including rent limits—in place during the extension period. Tenants who believe their landlord has allowed affordability restrictions to lapse without proper notice may wish to contact the Oregon Housing and Community Services Department to inquire about whether an extension has been or could be recorded. Tenant-rights organizations familiar with Oregon affordable housing law can help residents understand what protections may apply under this provision.
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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