ORS § 456 § 456.809
Sanctions against withdrawing property owner prohibited.
Operative Text
(1) Except as expressly authorized in ORS 456.781, 456.788, 456.814 or 456.819 or as may be provided by contract with the property owner, a local government may not: (a) Impose any fine, penalty, tax, fee, charge, assessment or other restriction or sanction against a property owner for withdrawing the participating property from publicly supported housing. (b) Except as an exercise of constitutional or statutory powers of condemnation: (A) Prevent or restrict a property owner from selling or otherwise disposing of participating property. (B) Require conveyance of participating property to the local government or to another party. (C) Impose any fine, penalty, tax, fee, charge, assessment or other restriction or sanction against a property owner for refusing an offer by the Housing and Community Services Department, the department’s designee, a local government or another party to purchase participating property. (2) Subsection (1) of this section does not prohibit a local government that is certified by a federal agency to carry out an agency responsibility or to exercise agency authority from taking any action within the scope of that responsibility or authority.
ORS § 456.809 limits what local governments in Oregon can do when a property owner decides to withdraw their property from publicly supported housing programs. With narrow exceptions—such as those spelled out in related statutes or in a contract the owner signed—local governments are barred from imposing fines, fees, penalties, or other sanctions on an owner for that withdrawal, and they generally cannot block a sale, force a conveyance, or penalize an owner for turning down a purchase offer. A separate carve-out preserves the ability of local governments that are federally certified to carry out federal agency responsibilities to act within the scope of that federal authority.
Plain English — not legal advice.
Under ORS § 456.809, property owners who choose to exit a publicly supported housing program are broadly shielded from local-government sanctions, including fines, fees, assessments, and restrictions on selling or disposing of the property. Compliant local governments generally refrain from conditioning a withdrawal on accepting a purchase offer or transferring title, except where condemnation authority or a specific contractual obligation applies. Owners navigating a withdrawal typically review any existing program contracts and the cross-referenced statutes—ORS 456.781, 456.788, 456.814, and 456.819—to understand the limited circumstances where local action remains permissible.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 456.809 is primarily a constraint on local government conduct toward property owners, but it has indirect relevance for tenants living in publicly supported housing: it signals that an owner's decision to withdraw from such a program is largely insulated from local penalties, which can affect housing availability in a community. Tenants who learn their building may be leaving a subsidized program may wish to contact a local tenant-rights organization or housing authority to understand what notice rights or relocation protections might apply under other provisions of Oregon law. Because the exceptions in ORS § 456.809—including related statutes and federal certification carve-outs—can be complex, consulting a housing counselor or legal aid organization can help tenants understand what options may be 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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