LANDLORD TENANT ENTRY DISPUTES (GOOD FAITH EFFORT)
Administrative Rule Adopted by Office of Neighborhood Involvement
To define “Good Faith Effort” in relationship to ORS 90.322(6)
ORS 90.322(6) states: If a landlord is required by a governmental agency to enter a dwelling unit or any portion of the premises under a tenant’s exclusive control, but the landlord fails to gain entry after a good faith effort in compliance with this section, the landlord shall not be found in violation of any state statute or local ordinance due to the failure.
Tenants do have the right to deny a landlord entry. However, if denials become “unreasonable” the landlord may serve a notice that requires the tenant to permit the landlord’s entry or face eviction.
The City seeks to avoid disputes with landlords under ORS 90.322(6), while balancing this with the need to provide uniform and consistent enforcement of the City’s housing regulations. In that context, the City will consider requests from landlords to forgo enforcement, or to forgive liens, for limited time periods related to the landlord’s “good faith efforts” to address the situation. In order to qualify for consideration under this exception, the City will require the landlord to provide evidence of the following:
As evidence of having attempted a “Good Faith Effort”, the landlord must submit documents showing each attempted entry, and the corresponding refusal by the tenant to cooperate. The landlord must also provide copies of each notice served upon the tenant.
The Management Review Committee will determine if an owner has complied with the "Good Faith Effort" requirements based on information provided by the owner. Once these requirements have been met, the Management Review Committee will consider forgiving fees for the time the owner was denied entry for the purpose of making repairs. The actual time frame to be forgiven will be determined by the Review Committee.
Previously published as ONI Policy Number E-55-1.
Effective January 17, 2006
Filed for inclusion in PPD February 28, 2006