Can I Sign Oregon Banking Rental Application

Can i industry sign banking oregon rental application

hello everybody and welcome to this training on the oregon moratoriums when it comes to evictions we're actually going to be talking about the evictions federally statewide and then we'll spend a little bit of time in multnomah county in the city of portland too because there's some protections there that all kind of mix together so to give you a little bit of insight my name is caitlin kennedy young and i oversee the rent well program it is a tenant education program that is taught in both oregon and washington it's 15 hours long and individuals learn their rights and responsibilities when it comes to renting i do want you to know that even though i read an impressive amount of landlord tenant law i indeed am not a lawyer so just to give you a heads up most of the time if i get really detailed questions i can refer out to legal services but i myself am not licensed or available for those um so with that being said let's crack into it when it comes to moratoriums there are many of them in our neck of the woods so i will start with the federal one the protections at the statewide level are actually better than the protections when it comes to federal versus state so we'll spend a large amount of time focused on the oregon specific statewide moratorium and then a little bit of time on the other ones as well when it comes to the federal eviction moratorium that moratorium was set in place by the cdc a while ago with the concern being that if somebody was displaced during this time the idea of them having to double up or triple up somewhere or live in a place not meant for inhabitation would only increase the spread of coven so that's why this came out of the cdc the biden administration has gone through and extended it through the end of march 2021 as well there could be more extensions in the future however at the moment we're really looking towards between now and march 31st 2021 it is important to note that this is not rent forgiveness this is just a freeze on any evictions related to non-payment of rent during this time if an individual is going to follow the federal moratorium for every adult household member they have that individual have to qualify in five different categories and get that paperwork and documentation to their landlord so there is quite a bit more documentation as well as a shorter time period when we're looking at the federal versus state the qualifications for every adult household member is that they have had an inability to try and access some type of rental assistance during this time or to pay their rent they are low or limited income they've been unable to pay the full amount of rent due to if there's been extreme costs when it comes to medical debt or if it is work hours being cut or work in general just being cut and unemployment due to coven so there is that covered connection there that the individual has attempted in every way possible to at least make partial payments of rent during this time and if they were evicted this would result then them having to double or triple up in other places and thus continue the spread of coven so that is the federal moratorium in a nutshell and then we're going to switch on over to the oregon the oregon moratorium itself has gone through several different iterations we have had executive orders through our governor as well as legislative bills being passed the last legislative bill happened at the end of december and it extended the time period for the moratorium until the end of june 2021 for certain individuals but not necessarily every tenant and we'll go over that in a minute the other thing that it did is it created a landlord compensation fund the devil is in the details in this new bill though so there is now what is called a qualified tenant and a non-qualified tenant a tenant has to sign a declaration and return it to their landlord stating that at some point between last march to now they have had an inability to pay rent related to coven if they can sign that document if they can sign that document and return it back to their landlord then they become what is known as an eligible tenant so they get an extension on the eviction moratorium up until the end of june 2021 as well as any back rent that is owed would be owed at july 1 2021 individuals that do not sign that declaration or don't have the ability to sign the declaration then all of their unpaid rent through the rest or through the past year in 2020 comes due at the end of march march 31 31st 2021 as well as any current rent right now needs to be paid on an ongoing basis as they normally would so to put that a different way individuals that are non-qualifying tenants anything that they have back owed in 2020 between april to the end of december is going to be owed march 31st 2021 and then they also have their current rent that is owed every month as regular for qualifying tenants however any of the back rent that they have owed from last april all the way up until december and any rent that they might be short on or unable to pay in the next six months all the way through the end of june would then become due at the beginning of july as well as any rent moving forward to so they would pay rent for july as they normally would plus any of this back debt too so at the moment it is completely legal for landlord to give a notice to the tenant saying you have not paid rent so therefore i am moving for a non-payment of rent notice to ask you to leave unless that tenant has already gotten the declaration form in but if the tenant hadn't just yet it is fine for the landlord to do this however at the time that they give that notice of eviction they have to be giving a copy of the declaration form as well the declaration form can be found on the court's websites it is in i believe it is five or six different languages i will also attach it in an email too to all of you as well as when i upload this video to another location i will have links in there available for everyone as well so the tenant would receive a copy of the declaration notice when they got the eviction notice it's important that the tenant signs it and returns it to the landlord ideally sooner rather than later this can be something where they can be proactive on so if tenants want to go to the court website and download the form and give it to their landlord before a landlord even attempts to serve them with a notice that is fine for them to do or if a landlord has already served them a notice then they can move forward with this declaration the notices have to be returned to the landlord they can be returned by hand they can be mailed back to the landlord they can be emailed or they can even be sent through text somebody can take a photo of it and send it that way the forms are a fillable pdf so an individual would not necessarily need to print them if they would like to print them and then send a copy that is fine i recommend that they keep copies for their records as well what also happens in this situation is if a landlord does give a 144 hour notice or a notice of a late fee being assessed or a 72 hour notice both of those notices now become 10 full day notices so it's no longer hours it's full 10 day notices this gives the tenant more time to read through the declaration understand it and decide to sign it and get it back to the landlord if the tenant hasn't done it during that entire time the landlord can move forward at the end of those 10 days with the eviction process through the court system at the first hearing however if the tenant arrives and has that in hand to show to the landlord at that first hearing they've got the signed declaration then that eviction is stopped in that moment so a tenant really has all the way up until that first hearing to get this paperwork in ideally sooner rather than later if we can reduce any amount of stress on our tenants let's do that thing so there are specific bans on specific evictions during this time through the end of june 2021 those being evictions for non-payment of rent other utilities other service charges or fees owed to a landlord this also deals with no cause eviction notices that can also be a decision to terminate the lease agreement to or non-renewal of the lease agreement the only exception to these are the landlord-based reasons to evict so those landlord-based reasons are the landlord wants to move in themselves or have their family members move in they plan to demolish the unit and it would no longer be used as a rental so they want to turn it into a 7-eleven they want to do major repairs on it where they would take off the entire roof or um raise it into a two-story things that the tenant could not be living there while those repairs were being made or the individual has accepted an offer of sale on the home all of those are situations in which can be moved forward during this time but we want to be remindful that there is an option for most of our tenants to possibly receive relocation assistance so the statewide relocation assistance is if the landlord has five or more units then the tenant if they are given this landlord-based reason to evict needs to have one month's worth of rent handed to them at the same time the notice is given that is the amount of the relocation statewide we will come back to this point when we talk about portland specific but we will get there towards the end of the presentation if a non-renewal notice falls anytime between last april to the end of this coming august then that eviction or that lease is just frozen in place nobody is going to be asked to leave because they're not going to sign a new contract with them it's frozen the individual would still need to leave by the end of august however there are allowed to stay up until that point it's also important to know that the landlord cannot be charging late fees during this time they also cannot be reporting to any credit bureaus if this tenant has been unable to pay their rent i can tell you that personally i am a really concerned about how people's rental histories and specifically credit histories are going to look like as they start moving after this pandemic just because a landlord doesn't have the ability to go to the credit bureaus and report whether that person has not paid rent that is something that has been a situation where most landlords don't go to credit bureaus to report rent anyways but we do know that people are utilizing loans and credit cards during this time and those are things that are being reported to the credit bureaus and therefore it might be bringing down their scores substantially so i'm curious to see what that will look like as we move forward through this pandemic and how we help solve this housing crisis on the back end it's also important to know that if a tenant does during this time produce any money and give that to the landlord the landlord has to use that in a very specific manner so it needs to be any current rent that is currently owed for this month or the month that they're in and then any utility charges then any late rent and lastly any other fees damages or charges that are owned so it always has to go in that order during this time though landlords can still give notices to a vict because of tenant-based reasons to evict so if a tenant is not following the lease agreement the landlord can move forward with four cause notices to affect if for the situation if somebody has pets on a no pet property um if there is any harm to the property or concern of harm to other neighbors at the property that would be another reason to move for an eviction too so tenant-based behavior so when it comes to evictions are fine landlords can also give notices about previous debts that are owned they cannot collect on these debts but they can give the tenant timestamp of at this moment this is how much you currently owe to me that is fine for them to do they can't collect on it and then landlords also for those lease agreements that were non-renewal who were gonna be dropped during this time but have been frozen in place the landlord can then choose and to take rent out of the deposit for that situation if a landlord violates any part of this they are liable for up to three months worth of rent plus actual damages before we talk about multnomah county i'm going to spend a moment talking about the landlord compensation fund the other part of what this last bill created the landlord compensation fund is a fund where landlords can go to the state and local housing authorities on behalf of their tenants and ask for past rent to be paid on their tenant's behalf and so this takes that burden of trying to find those those resources off of the tenant and more evenly dispute this evenly displaces that among tenants and landlords this is where tenants who sign that declaration form this is why it's so important because without that declaration form a landlord can't go to the state and request back rent being paid on their behalf so that is a pretty important part it will be oregon housing and community services that will take charge of this process and they'll be working with localized housing authorities they are still in process as of this moment um on the 9th of february trying to figure out what that process looks like but they are very very close to moving forward with this and i will put a link in the description of this so that people can check out where oregon housing and community services is in that process and how they can apply for these landlord funds so a landlord can apply through ohcs it will be assessed there and then it will be the local public housing bureaus that will then issue checks directly to the landlords the payments will go to landlords the focus is going to be on smaller landlords and landlords that have a higher percentage of unpaid rent due to their tenants both of those categories will get prioritized in this a landlord can reach out to the state multiple times and apply multiple times on behalf of the same tenants or different tenants it has to be current tenants to try and get these funds and it's not current rent it's any back rent so they're focusing on that but a landlord could go every month and ask for the last month's rent through that process it is important to know that the payments are going to be only 80 percent of what the tenant owes and the other 20 has to be forgiven so a landlord cannot get 80 from the state and then go ask the tenant to pay the other 20 that 20 is forgiven um we have seen some situations where people have asked if a landlord could then file forms um a 1099 with the irs to then say hey i gifted the tenant the 20 of rent instead of getting it back the answer got really complicated but a landlord can do all the extra work to complete that paperwork however the irs is not really going to go in full detail or look through those cases because that debt was already insolvable before it was filed with the irs so it may be in certain situations that we do see landlords move forward with that however the irs will likely just not be following up on that whatsoever it is important to know though that this program is voluntary a landlord has to opt in for this on behalf of their tenants they can choose and wait to hopefully get the hundred percent from their tenants but we knew that the likelihood of them getting 80 from the state versus a hundred percent from their tenants it was more likely that they might move towards at least trying to get the 80 percent from the state we don't have a good assessment on how tenants will know landlords have received the funds on their behalf however i can let you know and deeply assure you that oregon housing and community services and many people who went into the crafting of this last iteration of the bill knew and recognized that as an issue so i imagine we will see on the side when ohcs opens up this program they will have very specific requirements on how to let tenants know that a landlord has been paid on their behalf this program right now is funded at 150 million dollars and that's state money so with that i'm going to switch to multnomah county for a hot second and then we'll talk about portland for a little bit longer so multnomah county surprise it's only for those living in multnomah county they h d their own specific moratorium during this time it did a few things it gave an additional grace period it also what i think probably was one of the larger points here was that tenants did not have to provide any documentation to their landlords to say that they needed this additional resource so keep that slightly in your mind i'm going to talk about portland and then we're going to come back to this portland a while ago decided whatever multnomah county is doing when it comes to moratoriums we want to be doing the same thing there are parts of the city of portland that are outside of multnomah county and so they just wanted to make sure that everybody was incorporated under the same rules so the city of portland set forward and said whatever multnomah county is doing we'll do it too much like the lady in when harry met sally but mid january multnomah county decided to resend their own moratorium i think i can speculate that one of those situations being there is that if none of the tenants within multnomah county and the city of portland needed to provide any documentation to their landlord what if the landlord wanted to go and get a landlord compensation fund on behalf of their tenants there was some confusion there we want to make sure that tenants are not getting um in trouble for any of this and that they know what they need to be doing and we didn't want to cause any hostility when it came to landlords and tenants in that situation so it makes sense that multnomah county had rolled back their own moratorium so now we are all on the same statewide level everybody falls under that oregon state moratorium it is important that all of our tenants need to know that come february 1st if they haven't already have them sign declaration forms if they're a qualified tenant they can get those to their landlords early there is a partnership with the libraries libraries will print out these doc declaration forms for them as well that is fine for them to do they can come and get them on the court websites as well so all of this needless to say even though i'll have what she's having we decided to have a salad instead which is fine salads are good salads are very good before we leave though i want to talk a little bit about extra protections that portland has in their renters rights protections around relocation assistance so relocation assistance can go out under very certain circumstances one of those being if somebody receives a certain type of termination notice if the rent ever increases above 10 percent in a given year or if there are extensive changes to the lease agreement for this situation surprise surprise we're going to be focused on these eviction notices part to this problem so the eviction notices that trigger relocation assistance within the city of portland are no cause evictions they can't be used during this period there are also non-renewal of leases also can't be used for qualified tenants but then there are these landlord-based reasons to evict those can remember demolishing the unit range major repairs moving themselves in or selling the unit so all three of these situations require the landlord to give a 90 day notice to the tenant and then within 45 days of that notice they need to give over relocation assistance that relocation assistance within the city of portland is really based on the size of the unit that the person is currently living in that being anywhere from 2 900 to 4 500 depending on the size of the unit and remember that this is very specific for the city of portland so individuals need to know if they are actually living within the city limits of portland an individual can go to portlandmaps.com and type in their address and it will showcase whether this person is living in portland specific or outside of the city limits there will also be some times where there will be landlords that can be exempt from this relocation assistance but for the majority of this individuals can then access this relocation assistance during this time so with that i want to thank everybody for watching this video getting some information out of it if you need any additional resources please feel free to reach out to the rentwell program you can find us at rentwell at t projects dot com so t as in transition projects.com or at www.rentwell.org and thank you so much for taking your time to watch this video and i hope that this has been helpful for you