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 83rd OREGON LEGISLATIVE ASSEMBLY--2026 Regular Session
-Enrolled
+A-Engrossed
 Senate Bill 1523
-Printed pursuant to Senate Interim  Rule 213.28 by order of the President of the Senate in conform-
-ance with presession filing rules, indicating neither advocacy nor  opposition on the part of the
-President (at the request of Senate Interim Committee on Housing and Development)
-CHAPTER .................................................
-AN ACT
-Relating to electronic access to residential tenancies;  creating new provisions; amending ORS
+Ordered by the Senate February 13
+Including Senate Amendments dated February 13
+Printed pursuant to  Senate Interim Rule 213.28 by order of the President of the Senate in conformance with pre-
+session filing rules,  indicating neither advocacy nor opposition on the part of the President (at the request
+of Senate Interim Committee on Housing and Development)
+SUMMARY
+The following summary  is not prepared by the sponsors of the measure and is not a part of the body thereof subject
+to consideration by  the Legislative Assembly. It is an editor’s brief statement of the essential features of the
+measure. The statement includes a measure digest written in compliance with applicable readability standards.
+Digest: This Act allows a tenant or applicant for housing to opt not to  use a tenant portal or
+to pay by card or electronic means. (Flesch Readability Score: 63.0).
+Defines “tenant portal” for the purposes of  residential tenancies. Requires landlords to provide
+an alternative to a tenant  portal in response to a request from an applicant or tenant  under certain
+circumstances. Prohibits landlords from requiring payments via a tenant portal,  card or electronic
+means. Requires landlords to provide an alternative  to a tenant portal to access common areas of
+the premises. Allows landlords to charge tenants for  payment processing fees for payments made by
+credit card or tenant portal.
+Takes effect on the 91st day following adjournment sine die.
+A BILL FOR AN ACT
+Relating to electronic access to residential tenancies; creating  new provisions; amending ORS
 90.100, 90.302 and 90.320; and prescribing an effective date.
 Be It Enacted by the People of the State of Oregon:
-SECTION 1. Sections 2 and 3 of this  2026 Act are added to and made a part of ORS
+SECTION 1.
+Sections 2 and 3 of  this 2026 Act are added to and made a part of ORS
 chapter 90.
 SECTION 2. (1) A landlord who uses a tenant portal to accept an application shall:
 (a)(A) Post a printable copy of the application on the landlord’s website; or
-(B) Within seven days following receipt of  a written request by any prospective applicant,
-provide a printed or printable copy of the application to the prospective applicant  by mail or
+(B) Within seven days following receipt of a  written request by any prospective applicant,
+provide a printed or printable copy of the application to the prospective applicant by  mail or
 electronic mail.
-(b) Process all applications whether received through the tenant portal or outside of the
+(b) Process  all applications whether received through the tenant portal or outside of the
 portal.
-(2) If an applicant or  tenant requests an alternative in writing, a landlord may not re-
+(2) If an applicant or tenant requests an alternative in writing,  a landlord may not re-
 quire a tenant to use a tenant portal as the sole means to:
 (a) Verify identification;
 (b) Review and sign addenda or other legal agreements; or
 (c) Submit documents relating to the tenancy.
-(3) This section does  not prohibit a landlord from entering tenant information into a
+(3) This section does not prohibit a landlord from entering tenant information  into a
 tenant portal or otherwise using a tenant portal.
-(4) If a landlord fails to comply with this section,  an individual who applied as described
-in subsection (1)(b) of this section or requested  an alternative to the tenant portal under
-subsection (1)(a) or (2) of this  section is entitled to any damages sustained, or $100, which-
+(4) If a landlord fails to  comply with this section, an individual who applied as described
+in subsection (1)(b) of this section or requested an  alternative to the tenant portal under
+subsection (1)(a) or (2) of this section is entitled to  any damages sustained, or $100, which-
+NOTE: Matter in  boldfaced type in an amended section is new;  matter [ italic and bracketed] is existing law to be omitted.
+New sections are in  boldfaced type.
+LC 287
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 ever is greater.
 SECTION 3.
-(1) A landlord shall allow a tenant to make payments by  check or other
+(1) A landlord  shall allow a tenant to make payments by check or other
 commercially reasonable methods.
-(2) A landlord  may not require a tenant to make payments by debit card, credit card,
+(2) A landlord may not require a tenant to make payments by debit  card, credit card,
 electronic check, tenant portal or any other form of electronic payment.
-(3) A landlord may not charge a late fee or terminate a  tenancy based on nonpayment
-of rent or other charge if a landlord refuses to allow a payment offered by  the tenant under
+(3) A landlord may not charge  a late fee or terminate a tenancy based on nonpayment
+of rent or other charge if a landlord refuses to allow a payment offered by the  tenant under
 subsection (1) of this section.
 SECTION 4.  ORS 90.100 is amended to read:
 90.100. As used in this chapter, unless the context otherwise requires:
-Enrolled Senate Bill 1523 (SB 1523-A) Page 1
-(1) “Accessory building or structure” means any portable, demountable or permanent  structure,
-including but not limited to cabanas, ramadas, storage  sheds, garages, awnings, carports, decks,
+(1) “Accessory building or structure” means any portable, demountable or permanent structure,
+including but not limited to cabanas, ramadas, storage sheds,  garages, awnings, carports, decks,
 steps, ramps, piers and pilings, that is:
 (a) Owned and used solely by a tenant of a manufactured dwelling or floating home; or
-(b) Provided pursuant to a written rental agreement  for the sole use of and maintenance by a
+(b) Provided pursuant to a written rental agreement for  the sole use of and maintenance by a
 tenant of a manufactured dwelling or floating home.
-(2) “Action” includes recoupment, counterclaim, setoff,  suit in equity and any other proceeding
+(2) “Action” includes recoupment, counterclaim, setoff, suit in equity  and any other proceeding
 in which rights are determined, including an action for possession.
-(3) “Applicant screening charge” means any payment of money required by  a landlord of an
-applicant prior to entering into  a rental agreement with that applicant for a residential dwelling
-unit, the purpose of  which is to pay the cost of processing an application for a rental agreement for
+(3) “Applicant screening charge”  means any payment of money required by a landlord of an
+applicant prior to entering into a rental agreement with that applicant for  a residential dwelling
+unit, the purpose of which  is to pay the cost of processing an application for a rental agreement for
 a residential dwelling unit.
-(4) “Attorney” includes an associate licensee of the  Oregon State Bar practicing law within the
+(4) “Attorney” includes an associate licensee of the Oregon  State Bar practicing law within the
 licensee’s approved scope of practice.
 (5) “Bias crime” has the meaning given that term in ORS 147.380.
-(6) “Building and housing codes” includes any law, ordinance  or governmental regulation con-
-cerning fitness for habitation, or the construction, maintenance, operation, occupancy, use  or ap-
+(6) “Building and housing  codes” includes any law, ordinance or governmental regulation con-
+cerning fitness for habitation,  or the construction, maintenance, operation, occupancy, use or ap-
 pearance of any premises or dwelling unit.
 (7) “Carbon monoxide alarm” has the meaning given that term in ORS 105.836.
 (8) “Carbon monoxide source” has the meaning given that term in ORS 105.836.
 (9) “Conduct” means the commission of an act or the failure to act.
-(10) “DBH” means the  diameter at breast height, which is measured as the width of a standing
+(10) “DBH” means the diameter at breast height, which is measured as the  width of a standing
 tree at four and one-half feet above the ground on the uphill side.
-(11) “Dealer” means any person in the  business of selling, leasing or distributing new or used
-manufactured dwellings  or floating homes to persons who purchase or lease a manufactured dwelling
+(11) “Dealer” means any person in the business of selling, leasing  or distributing new or used
+manufactured dwellings or  floating homes to persons who purchase or lease a manufactured dwelling
 or floating home for use as a residence.
 (12) “Domestic violence” means:
 (a) Abuse between family or household members, as those terms are defined in ORS 107.705; or
 (b) Abuse, as defined in ORS 107.705, between partners in a dating relationship.
 (13) “Drug and alcohol free housing” means a dwelling unit described in ORS 90.243.
-(14) “Dwelling unit” means a structure or the part of a structure that is used as a  home, resi-
-dence or sleeping place by one person who maintains a household or by two or more persons who
-maintain a common household. “Dwelling unit” regarding a person  who rents a space for a manu-
-factured dwelling or recreational vehicle  or regarding a person who rents moorage space for a
-floating home as defined in ORS 830.700,  but does not rent the home, means the space rented and
+(14) “Dwelling  unit” means a structure or the part of a structure that is used as a home, resi-
+dence or  sleeping place by one person who maintains a household or by two or more persons who
+maintain a common household. “Dwelling unit” regarding  a person who rents a space for a manu-
+factured dwelling or recreational vehicle or regarding a person who rents moorage  space for a
+floating home as defined in ORS 830.700, but does not rent  the home, means the space rented and
+[2]
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 not the manufactured dwelling, recreational vehicle or floating home itself.
 (15) “Essential service” means:
-(a) For  a tenancy not consisting of rental space for a manufactured dwelling, floating home or
+(a) For a tenancy not consisting of rental space for a manufactured dwelling, floating home or
 recreational vehicle owned by the tenant and not otherwise subject to ORS 90.505 to 90.850:
-(A) Heat, plumbing, hot and cold running water, gas, electricity,  light fixtures, locks for exterior
-doors, latches for windows and any cooking appliance or refrigerator  supplied or required to be
+(A) Heat, plumbing, hot and cold running water, gas, electricity, light  fixtures, locks for exterior
+doors, latches for windows and  any cooking appliance or refrigerator supplied or required to be
 supplied by the landlord; and
-(B) Any other  service or habitability obligation imposed by the rental agreement or ORS 90.320,
-the lack or violation of which creates a serious threat to the tenant’s health,  safety or property or
+(B) Any other service  or habitability obligation imposed by the rental agreement or ORS 90.320,
+the lack or violation of which  creates a serious threat to the tenant’s health, safety or property or
 makes the dwelling unit unfit for occupancy.
 (b) For a tenancy consisting of rental space  for a manufactured dwelling, floating home or rec-
 reational vehicle owned by the tenant or that is otherwise subject to ORS 90.505 to 90.850:
-(A) Sewage disposal, water supply, electrical supply and, if required by applicable law,  any
+(A) Sewage disposal,  water supply, electrical supply and, if required by applicable law, any
 drainage system; and
-(B) Any other  service or habitability obligation imposed by the rental agreement or ORS 90.730,
-the lack or violation of  which creates a serious threat to the tenant’s health, safety or property or
+(B) Any other service  or habitability obligation imposed by the rental agreement or ORS 90.730,
+the lack or violation of which creates a serious threat to the tenant’s  health, safety or property or
 makes the rented space unfit for occupancy.
-Enrolled Senate Bill 1523 (SB 1523-A) Page 2
 (16) “Facility” means a manufactured dwelling park or a marina.
 (17) “Fee” means a nonrefundable payment of money.
-(18) “First class mail” does not include certified or registered  mail, or any other form of mail
+(18) “First class mail” does not include certified or registered mail,  or any other form of mail
 that may delay or hinder actual delivery of mail to the recipient.
-(19) “Fixed term tenancy”  means a tenancy that has a fixed term of existence, continuing to a
-specific ending date and terminating on that  date without requiring further notice to effect the
-termination.
-(20) “Floating home” has the meaning given that term in ORS 830.700. “Floating  home” includes
+(19) “Fixed term  tenancy” means a tenancy that has a fixed term of existence, continuing to a
+specific ending date and terminating on that date without requiring further notice to effect the ter-
+mination.
+(20) “Floating home” has the meaning given that term in ORS 830.700. “Floating home”  includes
 an accessory building or structure.
 (21) “Good faith” means honesty in fact in the conduct of the transaction concerned.
 (22) “Hazard tree” means a tree that:
 (a) Is located on a rented space in a manufactured dwelling park;
 (b) Measures at least eight inches DBH; and
-(c) Is considered, by an arborist  licensed as a landscape construction professional pursuant to
-ORS 671.560 and certified by the International Society of Arboriculture, to pose  an unreasonable
+(c) Is considered, by an arborist licensed as a landscape  construction professional pursuant to
+ORS 671.560 and certified by the International Society of Arboriculture, to pose an unreasonable
 risk of causing serious physical harm or damage to individuals or property in the near future.
 (23) “Hotel or motel” means “hotel” as that term is defined in ORS 699.005.
-(24) “Informal dispute  resolution” includes voluntary consultation between the landlord or
-landlord’s agent and one or more tenants or voluntary mediation  utilizing the services of a third
+(24) “Informal dispute resolution” includes voluntary consultation between the landlord  or
+landlord’s agent and one or more  tenants or voluntary mediation utilizing the services of a third
 party, but does not include mandatory mediation or arbitration.
-(25) “Landlord” means the owner, lessor or sublessor of the dwelling unit or  the building or
-premises of which it is a part. “Landlord” includes a person who is authorized by the owner, lessor
+(25) “Landlord” means the owner,  lessor or sublessor of the dwelling unit or the building or
+premises of  which it is a part. “Landlord” includes a person who is authorized by the owner, lessor
 or sublessor to manage the premises or to enter into a rental agreement.
-(26) “Landlord’s agent” means a  person who has oral or written authority, either express or
+(26) “Landlord’s agent” means a person who has oral or  written authority, either express or
 implied, to act for or on behalf of a landlord.
-(27) “Last month’s rent  deposit” means a type of security deposit, however designated, the pri-
+(27) “Last month’s rent deposit” means a type of security deposit, however designated,  the pri-
 mary function of which is to secure the payment of rent for the last month of the tenancy.
-(28) “Manufactured dwelling” means a residential trailer, a mobile home or  a manufactured
-home as those terms are defined in ORS 446.003  or a prefabricated structure. “Manufactured
+(28) “Manufactured  dwelling” means a residential trailer, a mobile home or a manufactured
+[3]
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+home as those terms are defined in  ORS 446.003 or a prefabricated structure. “Manufactured
 dwelling” includes an accessory building or structure.
-(29) “Manufactured dwelling park” means a place where four or  more manufactured dwellings
-are located, the primary purpose of which is to rent space or keep space for rent  to any person for
+(29) “Manufactured dwelling  park” means a place where four or more manufactured dwellings
+are located, the primary purpose of which is to rent space or keep space for rent to  any person for
 a charge or fee.
-(30) “Marina” means a moorage of contiguous dwelling units that may be legally  transferred as
-a single unit and are owned by one person where four or more floating homes are secured, the  pri-
+(30) “Marina” means a moorage of contiguous dwelling units that may be legally transferred  as
+a single unit  and are owned by one person where four or more floating homes are secured, the pri-
 mary purpose of which is to rent space or keep space for rent to any person for a charge or fee.
-(31) “Marina purchase association”  means a group of three or more tenants who reside in a
+(31) “Marina purchase association” means a group of three or more tenants  who reside in a
 marina and have organized for the purpose of eventual purchase of the marina.
-(32) “Month-to-month tenancy” means a tenancy that automatically renews  and continues for
-successive monthly periods  on the same terms and conditions originally agreed to, or as revised by
+(32) “Month-to-month tenancy” means a  tenancy that automatically renews and continues for
+successive monthly periods on the same terms and conditions originally agreed to, or  as revised by
 the parties, until terminated by one or both of the parties.
 (33) “Organization” includes a corporation, government,  governmental subdivision or agency,
-business trust, estate, trust, partnership or association, two or more persons having a joint or com-
+business trust, estate, trust, partnership or association, two or more persons having a joint or  com-
 mon interest, and any other legal or commercial entity.
-(34) “Owner”  includes a mortgagee in possession and means one or more persons, jointly or se-
+(34) “Owner” includes  a mortgagee in possession and means one or more persons, jointly or se-
 verally, in whom is vested:
 (a) All or part of the legal title to property; or
-(b) All  or part of the beneficial ownership and a right to present use and enjoyment of the
+(b) All or part of the beneficial ownership and a right to present use and enjoyment of the
 premises.
 (35) “Person” includes an individual or organization.
-Enrolled Senate Bill 1523 (SB 1523-A) Page 3
-(36) “Prefabricated structure” means a structure  that is substantially constructed or assembled
-using closed construction at an off-site location in  compliance with the state building code and that
+(36) “Prefabricated structure” means a structure that  is substantially constructed or assembled
+using closed construction at an off-site location in compliance  with the state building code and that
 is sited and occupied by the owner in compliance with local codes.
 (37) “Premises” means:
-(a) A dwelling unit and the structure of which it is a part and facilities and  appurtenances
+(a) A dwelling unit and the structure of which it is a part and facilities and appurtenances
 therein;
-(b) Grounds, areas and facilities held out for the  use of tenants generally or the use of which
+(b) Grounds, areas and facilities held out for the use of  tenants generally or the use of which
 is promised to the tenant; and
 (c) A facility for manufactured dwellings or floating homes.
-(38) “Prepaid rent” means any payment of  money to the landlord for a rent obligation not yet
+(38) “Prepaid rent” means any payment of money to the  landlord for a rent obligation not yet
 due. In addition, “prepaid rent” means rent paid for a period extending beyond a termination date.
 (39) “Recreational vehicle” has the meaning given that term in ORS 174.101.
 (40) “Recreational vehicle park” has the meaning given that term in ORS 197.492.
-(41)(a) “Rent” means any payment to be made  to the landlord under the rental agreement, pe-
-riodic or otherwise,  in exchange for the right of a tenant and any permitted pet to occupy a dwelling
+(41)(a) “Rent” means any payment to be made to the landlord under the rental agreement, peri-
+odic or otherwise, in exchange for the right of a  tenant and any permitted pet to occupy a dwelling
 unit to the exclusion of others and to use the premises.
-(b) “Rent” does not include security deposits, fees or utility or service  charges as described in
+(b) “Rent” does not include security deposits, fees or utility or service charges  as described in
 ORS 90.315 (4) and 90.562.
-(42) “Rental agreement” means all agreements, written  or oral, and valid rules and regulations
-adopted under ORS 90.262 or 90.510 (6) embodying the  terms and conditions concerning the use and
-occupancy of a dwelling unit and premises.  “Rental agreement” includes a lease. A rental agreement
+(42) “Rental agreement” means all agreements,  written or oral, and valid rules and regulations
+adopted under ORS 90.262 or 90.510 (6) embodying the terms  and conditions concerning the use and
+occupancy of a dwelling unit and premises. “Rental  agreement” includes a lease. A rental agreement
 is either a week-to-week tenancy, month-to-month tenancy or fixed term tenancy.
-(43) “Roomer” means a person occupying a dwelling unit that does not include a toilet and  ei-
-ther a bathtub or a shower and a refrigerator, stove and kitchen, all  provided by the landlord, and
+(43) “Roomer” means a person occupying a dwelling unit that does not include a toilet and ei-
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+ther a bathtub or a shower and a refrigerator, stove and kitchen,  all provided by the landlord, and
 where one or more of these facilities are used in common by occupants in the structure.
-(44) “Screening or admission criteria” means  a written statement of any factors a landlord
-considers in deciding whether to  accept or reject an applicant and any qualifications required for
-acceptance. “Screening or admission criteria” includes, but is  not limited to, the rental history,
-character references, public records, criminal records, credit reports, credit references  and incomes
+(44) “Screening or admission criteria” means a  written statement of any factors a landlord
+considers in deciding whether  to accept or reject an applicant and any qualifications required for
+acceptance. “Screening or admission criteria” includes, but is not  limited to, the rental history,
+character references, public records, criminal records, credit reports, credit references and  incomes
 or resources of the applicant.
-(45) “Security deposit” means a refundable payment or deposit of  money, however designated,
-the primary function of which is to secure the performance of a  rental agreement or any part of a
+(45) “Security deposit” means a  refundable payment or deposit of money, however designated,
+the primary function of which is to  secure the performance of a rental agreement or any part of a
 rental agreement. “Security deposit” does not include a fee.
 (46) “Sexual assault” has the meaning given that term in ORS 147.450.
-(47)(a) “Squatter” means a person occupying  a dwelling unit, or occupying any other property
-and using it for dwelling purposes, who is  not so entitled under a rental agreement or who is not
+(47)(a) “Squatter” means a person occupying a dwelling unit, or  occupying any other property
+and using it for dwelling purposes, who is not so entitled  under a rental agreement or who is not
 authorized by the tenant to occupy that dwelling unit.
 (b) “Squatter” does not include a tenant who holds over as described in ORS 90.427 (11).
 (48) “Stalking” means the behavior described in ORS 163.732.
-(49) “Statement of policy” means the summary explanation of information and facility  policies
+(49) “Statement of  policy” means the summary explanation of information and facility policies
 to be provided to prospective and existing tenants under ORS 90.510.
-(50) “Surrender” means an agreement, express  or implied, as described in ORS 90.148 between
-a landlord and tenant to terminate a rental agreement that gave the  tenant the right to occupy a
+(50) “Surrender” means an agreement, express or implied,  as described in ORS 90.148 between
+a landlord and tenant to terminate a rental  agreement that gave the tenant the right to occupy a
 dwelling unit.
 (51) “Tenant”:
 (a) Except as provided in paragraph (b) of this subsection:
-(A) Means a person, including a roomer, entitled under a rental agreement to occupy a  dwelling
-unit to the  exclusion of others, including a dwelling unit owned, operated or controlled by a public
+(A) Means a person, including a roomer, entitled under a rental agreement to occupy a dwelling
+unit to the exclusion of others, including a dwelling unit owned, operated or controlled  by a public
 housing authority.
 (B) Means a minor, as defined and provided for in ORS 109.697.
-Enrolled Senate Bill 1523 (SB 1523-A) Page 4
-(b) For purposes of ORS 90.505 to 90.850, means only a  person who owns and occupies as a
-residence a manufactured dwelling or a floating home in a facility and persons  residing with that
+(b) For purposes of ORS 90.505 to 90.850, means  only a person who owns and occupies as a
+residence a manufactured  dwelling or a floating home in a facility and persons residing with that
 tenant under the terms of the rental agreement.
 (c) Does not mean a guest or temporary occupant.
-(52)(a) “Tenant portal” means  any electronic application, software, website or digital
-platform provided by or on behalf of a landlord that a  tenant, applicant or prospective ap-
-plicant uses in connection  with applying for, establishing, maintaining or terminating a
+(52)(a) “Tenant portal” means any  electronic application, software, website or digital
+platform provided by or on behalf of a landlord that  a tenant, applicant or prospective ap-
+plicant uses in connection with  applying for, establishing, maintaining or terminating a
 tenancy.
-(b) “Tenant portal” does not include communications with the landlord  or landlord’s
+(b) “Tenant portal” does not include communications with the  landlord or landlord’s
 agent via email or text message.
 [(52)] (53) “Transient lodging” means a room or a suite of rooms.
-[(53)] (54)  “Transient occupancy” means occupancy in transient lodging that has all of the fol-
+[(53)] (54)  “Transient  occupancy” means occupancy in transient lodging that has all of the fol-
 lowing  characteristics:
 (a) Occupancy is charged on a daily basis and is not collected more than six days in advance;
-(b) The lodging operator provides maid and linen service daily or every  two days as part of the
+(b) The lodging operator provides maid and linen service daily or every two  days as part of the
 regularly charged cost of occupancy; and
 (c) The period of occupancy does not exceed 30 days.
-[(54)] (55)  “Vacation occupancy”  means occupancy in a dwelling unit, not including transient
+[(54)] (55)  “Vacation  occupancy” means occupancy in a dwelling unit, not including transient
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 occupancy in a hotel or motel, that:
 (a) Has all of the following characteristics:
 (A) The occupant rents the unit for vacation purposes only, not as a principal residence;
 (B) The occupant has a principal residence other than at the unit; and
 (C) The period of authorized occupancy does not exceed 45 days; or
-(b) Is for the rental of a space in a recreational vehicle  park on which a recreational vehicle
+(b) Is for the rental of a space in a recreational vehicle park  on which a recreational vehicle
 owned by the occupant will be located and for which:
 (A) The occupant rents the unit for vacation purposes only, not as a principal residence;
 (B) The occupant has a principal residence other than at the space;
 (C) The period of authorized occupancy does not exceed 90 days;
-(D) The recreational vehicle is required to be removed from the park at the end  of the occu-
+(D) The recreational vehicle is required to be removed from the park at the  end of the occu-
 pancy period before a new occupancy may begin; and
-(E) A written agreement is signed by the occupant  that substantially states: “Your occupancy
-of this recreational vehicle park is  a vacation occupancy and is NOT subject to the Oregon Resi-
+(E) A written agreement is signed by the occupant that  substantially states: “Your occupancy
+of this recreational vehicle park  is a vacation occupancy and is NOT subject to the Oregon Resi-
 dential Landlord and Tenant Act (ORS chapter 90).”
 [(55)] (56) “Victim” means:
-(a) The person against whom an incident related to domestic  violence, sexual assault, bias crime
+(a) The person against whom an incident related to domestic violence,  sexual assault, bias crime
 or stalking is perpetrated; or
-(b) The parent or guardian of a  minor household member against whom an incident related to
-domestic violence, sexual assault, bias crime or stalking is perpetrated, unless the parent  or guard-
+(b) The parent or guardian of a minor  household member against whom an incident related to
+domestic violence, sexual assault, bias crime or stalking is perpetrated, unless the  parent or guard-
 ian is the perpetrator.
-[(56)] (57) “Week-to-week tenancy” means a tenancy that  has all of the following characteristics:
-(a) Occupancy  is charged on a weekly basis and is payable no less frequently than every seven
+[(56)] (57) “Week-to-week tenancy” means a tenancy that has  all of the following characteristics:
+(a) Occupancy is  charged on a weekly basis and is payable no less frequently than every seven
 days;
-(b) There is a written rental agreement that defines the landlord’s and  the tenant’s rights and
+(b) There is a written rental agreement that defines the landlord’s  and the tenant’s rights and
 responsibilities under this chapter; and
-(c) There are no fees or security deposits, although  the landlord may require the payment of an
+(c) There are no fees or security deposits, although the  landlord may require the payment of an
 applicant screening charge, as provided in ORS 90.295.
 SECTION 5.
  ORS 90.302 is amended to read:
-90.302. (1)  A landlord may not charge a fee at the beginning of the tenancy for an anticipated
-landlord expense and may not require the  payment of any fee except as provided in this section.
+90.302. (1) A  landlord may not charge a fee at the beginning of the tenancy for an anticipated
+landlord expense and may not require  the payment of any fee except as provided in this section.
 A fee must be described in a written rental agreement.
 (2) A landlord may charge a tenant a fee for each occurrence of the following:
 (a) A late rent payment, pursuant to ORS 90.260.
-Enrolled Senate Bill 1523 (SB 1523-A) Page 5
-(b) A dishonored check, pursuant to ORS 30.701  (5). The amount of the fee may not exceed the
-amount described in ORS 30.701  (5) plus any amount that a bank has charged the landlord for
-processing the dishonored check.
-(c) Removal or tampering with a properly functioning smoke alarm, smoke detector or  carbon
-monoxide alarm, as provided in ORS 90.325 (2). The landlord may charge a fee of up to $250  unless
-the State Fire Marshal assesses the tenant a civil penalty for  the conduct under ORS 479.990 or
+(b) A dishonored check, pursuant to ORS 30.701 (5).  The amount of the fee may not exceed the
+amount described in ORS 30.701 (5) plus any amount that  a bank has charged the landlord for pro-
+cessing the dishonored check.
+(c) Removal or tampering with a properly functioning smoke alarm, smoke detector or carbon
+monoxide alarm, as provided in ORS 90.325 (2). The landlord may charge a fee of up to  $250 unless
+the State Fire Marshal assesses the tenant a civil penalty for the  conduct under ORS 479.990 or
 under ORS 105.836 to 105.842 and 476.725.
-(d) The violation of a written pet agreement or of a rule relating to pets in a facility,  pursuant
+(d) The violation of a written pet agreement or of a rule relating to pets in a  facility, pursuant
 to ORS 90.530.
-(e) The abandonment or relinquishment of a dwelling unit during a  fixed term tenancy without
-cause. The fee may not exceed one and one-half times the monthly rent. A  landlord may not assess
-a fee under this paragraph if the abandonment or relinquishment is pursuant to ORS  90.453 (2),
+(e) The abandonment or relinquishment of a dwelling unit during a fixed  term tenancy without
+cause. The fee may not exceed one and one-half times the monthly rent.  A landlord may not assess
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+a fee under this paragraph if the abandonment or relinquishment is pursuant to ORS 90.453  (2),
 90.472 or 90.475. If the landlord assesses a fee under this paragraph:
-(A) The landlord may not recover unpaid rent  for any period of the fixed term tenancy beyond
-the date that the landlord knew or reasonably  should have known of the abandonment or
+(A) The landlord may not recover unpaid  rent for any period of the fixed term tenancy beyond
+the date that the landlord knew or reasonably should  have known of the abandonment or
 relinquishment;
-(B) The landlord may not recover damages related to the cost of renting the dwelling unit  to a
+(B) The landlord may not recover damages related to the cost of renting the dwelling  unit to a
 new tenant; and
 (C) ORS 90.410 (3) does not apply to the abandonment or relinquishment.
-(3)(a) A landlord may charge a tenant  a fee under this subsection for a second noncompliance
-or for a subsequent noncompliance with written rules or policies that  describe the prohibited con-
-duct and the fee for a second noncompliance, and for any third or subsequent  noncompliance, that
-occurs within one year after a written warning  notice described in subparagraph (A) of this para-
-graph. Except as provided in paragraph (b)(G) or (H) of this subsection, the fee may  not exceed $50
-for the second noncompliance  within one year after the warning notice for the same or a similar
-noncompliance or $50 plus  five percent of the rent payment for the current rental period for a third
-or subsequent noncompliance within  one year after the warning notice for the same or a similar
+(3)(a) A landlord may charge a tenant a  fee under this subsection for a second noncompliance
+or for a subsequent noncompliance with written rules or policies  that describe the prohibited con-
+duct and the fee for a second noncompliance, and for any third or subsequent noncompliance,  that
+occurs within one year after a written  warning notice described in subparagraph (A) of this para-
+graph. Except as provided in paragraph (b)(G) or (H) of this subsection, the fee may not  exceed $50
+for the second noncompliance within  one year after the warning notice for the same or a similar
+noncompliance or $50 plus five  percent of the rent payment for the current rental period for a third
+or subsequent noncompliance  within one year after the warning notice for the same or a similar
 noncompliance. The landlord:
 (A) Shall give a tenant a written warning notice that describes:
-(i) A specific noncompliance before charging a fee for  a second or subsequent noncompliance for
+(i) A specific noncompliance before charging a fee for a  second or subsequent noncompliance for
 the same or similar conduct; and
-(ii) The amount of the fee for a second noncompliance, and for any subsequent  noncompliance,
+(ii) The amount of the fee for a second noncompliance, and for any subsequent noncompliance,
 that occurs within one year after the warning notice.
-(B) Shall give a tenant a written notice describing  the noncompliance when assessing a fee for
+(B) Shall give a tenant a written notice  describing the noncompliance when assessing a fee for
 a second or subsequent noncompliance that occurs within one year after the warning notice.
-(C) Shall give a warning notice for a noncompliance or assess a fee for a second or subsequent
+(C) Shall  give a warning notice for a noncompliance or assess a fee for a second or subsequent
 noncompliance within 30 days after the act constituting noncompliance.
-(D) May terminate a tenancy for a noncompliance consistent with this chapter instead  of as-
-sessing a fee under this subsection, but may not assess a fee and terminate a tenancy  for the same
+(D) May  terminate a tenancy for a noncompliance consistent with this chapter instead of as-
+sessing a fee under this  subsection, but may not assess a fee and terminate a tenancy for the same
 noncompliance.
-(E) May not  deduct a fee assessed pursuant to this subsection from a rent payment for the
+(E) May not deduct a fee assessed pursuant to this subsection from a rent  payment for the
 current or a subsequent rental period.
-(b) A landlord may charge a tenant a fee for occurrences of noncompliance with  written rules
-or policies as provided in paragraph (a) of this subsection for  the following types of noncompliance:
-(A) The late payment of a utility or service charge that the tenant owes the landlord as  de-
+(b) A landlord may  charge a tenant a fee for occurrences of noncompliance with written rules
+or policies as provided in paragraph (a) of this subsection for the  following types of noncompliance:
+(A) The late payment of a utility or service charge that the tenant owes the landlord as de-
 scribed in ORS 90.315.
 (B) Failure to clean up pet waste from a part of the premises other than the dwelling unit.
-(C) Failure to clean up the waste of a service animal or a companion animal  from a part of the
+(C) Failure to clean up the waste of a service animal or a companion animal from  a part of the
 premises other than the dwelling unit.
-(D) Failure to clean up garbage, rubbish and other waste from a part of the premises  other than
+(D) Failure to clean up garbage, rubbish and other waste from a part of the premises other  than
 the dwelling unit.
 (E) Parking violations.
-Enrolled Senate Bill 1523 (SB 1523-A) Page 6
 (F) The improper use of vehicles within the premises.
-(G) Smoking in a clearly designated nonsmoking unit or area of  the premises. The fee for a
-second or any subsequent noncompliance under this subparagraph may not exceed $250. A landlord
+(G) Smoking in a clearly designated nonsmoking unit or area of the  premises. The fee for a
+second or any subsequent noncompliance under this subparagraph may not exceed $250. A  landlord
 may not assess this fee before 24 hours after the required warning notice to the tenant.
-(H) Keeping on the premises an unauthorized pet capable of causing damage to persons  or
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+(H) Keeping on  the premises an unauthorized pet capable of causing damage to persons or
 property, as described in ORS 90.405. The fee for a second or any subsequent noncompliance under
-this subparagraph may not exceed $250. A landlord may not assess this fee  before 48 hours after the
+this subparagraph may not exceed $250. A landlord may not assess this fee before  48 hours after the
 required warning notice to the tenant.
 (4) A landlord may not be required to account for or return to the tenant any fee.
-(5) Except as provided in subsection (2)(e) of this  section, a landlord may not charge a tenant
+(5) Except as provided in subsection (2)(e) of  this section, a landlord may not charge a tenant
 any form of liquidated damages, however designated.
-(6) Nonpayment of a fee  is not grounds for termination of a rental agreement for nonpayment
-of rent under ORS 90.394, but is grounds for termination of a rental agreement for cause  under ORS
+(6) Nonpayment of a fee is not grounds for termination of a rental  agreement for nonpayment
+of rent under ORS 90.394, but is grounds for termination of a rental agreement for cause under  ORS
 90.392 or 90.630 (1).
 (7) This section does not apply to:
 (a) Attorney fees awarded pursuant to ORS 90.255;
 (b) Applicant screening charges paid pursuant to ORS 90.295;
-(c) Charges for improvements or other actions that are requested by the tenant and are not re-
-quired of the landlord by the  rental agreement or by law, including the cost to replace a key lost
+(c) Charges  for improvements or other actions that are requested by the tenant and are not re-
+quired of the landlord by the rental agreement or by law, including the  cost to replace a key lost
 by a tenant;
-[(d) Processing  fees charged to the landlord by a credit card company and passed through to the
+[(d) Processing fees charged to the landlord by a credit card company and passed through to the
 tenant for the use of a credit card by the tenant to make a payment when: ]
-[(A) The credit card company  allows processing fees to be passed through to the credit card holder;
+[(A) The credit card company allows  processing fees to be passed through to the credit card holder;
 and]
 [(B) The landlord allows the tenant to pay in cash or by check; ]
-(d) Processing fees charged to the landlord, for a  payment made by a tenant by credit
-or debit card or through  a tenant portal or other electronic means, and passed through to
+(d) Processing fees charged to the landlord,  for a payment made by a tenant by credit
+or debit card or through a tenant portal or other electronic means, and  passed through to
 the tenant, provided that:
 (A) The payment processing company allows fees to be passed to the payor;
-(B) The landlord allows the tenant  to pay by nonelectronic means as required under
+(B) The landlord allows the tenant to pay  by nonelectronic means as required under
 section 3 (1) of this 2026 Act; and
-(C) Records of fees charged to the landlord and passed through  to the tenant are made
+(C) Records of fees charged to the  landlord and passed through to the tenant are made
 available to the tenant upon written request within a reasonable time;
-(e) A requirement by a landlord in a written  rental agreement that a tenant obtain and maintain
+(e) A requirement by a landlord in a written rental  agreement that a tenant obtain and maintain
 renter’s liability insurance pursuant to ORS 90.222; or
-(f) Assessments, as defined  in ORS 94.550 and 100.005, for a dwelling unit that is within a
-homeowners association organized under ORS 94.625 or an association of  unit owners organized
+(f) Assessments, as defined in ORS 94.550 and 100.005, for a dwelling unit  that is within a
+homeowners association organized under ORS  94.625 or an association of unit owners organized
 under ORS 100.405, respectively, if:
-(A) The assessments are imposed by the association on a landlord who owns a dwelling unit
+(A) The assessments are imposed by the association on a landlord who owns a dwelling  unit
 within the association and the landlord passes the assessments through to a tenant of the unit;
-(B) The assessments are imposed by the  association on any person for expenses related to
+(B) The assessments are imposed by the association on any  person for expenses related to
 moving into or out of a unit located within the association;
-(C) The landlord sets forth  the assessment requirement in the written rental agreement at the
+(C) The landlord sets forth the assessment requirement in the  written rental agreement at the
 commencement of the tenancy; and
-(D) The landlord gives a  copy of the assessment the landlord receives from the association to
+(D) The landlord gives a copy of the assessment the landlord receives from  the association to
 the tenant before or at the time the landlord charges the tenant.
-(8) If a landlord charges a tenant a fee in violation of  this section, the tenant may recover twice
-the actual damages of the tenant or $300, whichever is greater. This penalty does not apply to  fees
+(8) If a landlord charges a tenant a fee in violation of this  section, the tenant may recover twice
+the actual damages of the tenant or $300, whichever is greater. This penalty does not apply to fees
 described in subsection (2) of this section.
-(9) The landlord may unilaterally amend a rental agreement  for a facility subject to ORS 90.505
-to 90.850 to impose fees authorized by subsection (3) of this section upon a  90-day written notice to
-Enrolled Senate Bill 1523 (SB 1523-A) Page 7
-the tenant, except  that a marina landlord may not impose a noncompliance fee for parking under
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+(9) The landlord may unilaterally amend a rental agreement for  a facility subject to ORS 90.505
+to 90.850 to impose fees authorized by subsection (3) of this section upon a 90-day  written notice to
+the tenant, except that a marina landlord may not impose a noncompliance fee  for parking under
 subsection (3)(b)(E) of this section.
-SECTION 6.  ORS 90.320 is amended to read:
-90.320. (1) A landlord shall at all times  during the tenancy maintain the dwelling unit in a
-habitable condition. For purposes of this section, a dwelling  unit shall be considered unhabitable if
+SECTION 6.
+ ORS 90.320 is amended to read:
+90.320. (1) A landlord shall at all times during  the tenancy maintain the dwelling unit in a
+habitable condition. For purposes of this section, a  dwelling unit shall be considered unhabitable if
 it substantially lacks:
-(a) Effective waterproofing and weather protection of  roof and exterior walls, including windows
+(a) Effective waterproofing and weather protection of roof  and exterior walls, including windows
 and doors;
-(b) Plumbing facilities that conform  to applicable law in effect at the time of installation and
+(b) Plumbing facilities that conform to  applicable law in effect at the time of installation and
 are maintained in good working order;
 (c) A water supply approved under applicable law that is:
-(A) Under the  control of the tenant or landlord and is capable of producing hot and cold running
+(A) Under the control  of the tenant or landlord and is capable of producing hot and cold running
 water;
 (B) Furnished to appropriate fixtures;
 (C) Connected to a sewage disposal system approved under applicable law; and
-(D) Maintained so as to  provide safe drinking water and to be in good working order to the
+(D) Maintained so as  to provide safe drinking water and to be in good working order to the
 extent that the system can be controlled by the landlord;
-(d) Adequate heating facilities that conform to applicable law at the time of installation and are
+(d) Adequate  heating facilities that conform to applicable law at the time of installation and are
 maintained in good working order;
-(e) Electrical lighting with wiring and electrical  equipment that conform to applicable law at
-the time of installation and are maintained in good working order;
-(f) Buildings, grounds and appurtenances at the time  of the commencement of the rental agree-
-ment in every part safe for normal and reasonably foreseeable uses, clean,  sanitary and free from
-all accumulations of debris, filth, rubbish, garbage, rodents and vermin, and all areas under control
-of the landlord kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary
+(e) Electrical lighting  with wiring and electrical equipment that conform to applicable law at the
+time of installation and are maintained in good working order;
+(f) Buildings, grounds and appurtenances at the time of  the commencement of the rental agree-
+ment in every part  safe for normal and reasonably foreseeable uses, clean, sanitary and free from
+all accumulations  of debris, filth, rubbish, garbage, rodents and vermin, and all areas under control
+of the landlord kept in every part safe for normal and reasonably foreseeable uses, clean,  sanitary
 and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin;
-(g) Except as otherwise provided  by local ordinance or by written agreement between the
-landlord and the tenant, an adequate number of appropriate receptacles for garbage and  rubbish in
-clean condition and good  repair at the time of the commencement of the rental agreement, and the
-landlord shall provide and maintain appropriate serviceable receptacles thereafter  and arrange for
-their removal;
+(g) Except as otherwise provided by local ordinance or by written agreement between the land-
+lord and the tenant, an adequate  number of appropriate receptacles for garbage and rubbish in clean
+condition and good repair at the time of the commencement of the  rental agreement, and the land-
+lord shall provide and maintain appropriate serviceable  receptacles thereafter and arrange for their
+removal;
 (h) Floors, walls, ceilings, stairways and railings maintained in good repair;
-(i) Ventilating,  air conditioning and other facilities and appliances, including elevators, main-
+(i) Ventilating, air conditioning and other facilities and appliances, including  elevators, main-
 tained in good repair if supplied or required to be supplied by the landlord;
-(j) Safety from fire hazards, including  a working smoke alarm or smoke detector, with working
-batteries if solely battery-operated, provided only at the beginning of any new tenancy when the
-tenant first takes possession of the premises, as provided in ORS 479.270, but not to include  the
+(j) Safety from fire hazards, including a working smoke alarm or  smoke detector, with working
+batteries if solely battery-operated, provided only at the beginning of any new tenancy when  the
+tenant first takes  possession of the premises, as provided in ORS 479.270, but not to include the
 tenant’s testing of the smoke alarm or smoke detector as provided in ORS 90.325 (1);
 (k) A carbon monoxide alarm, and the dwelling unit:
 (A) Contains a carbon monoxide source; or
-(B) Is  located within a structure that contains a carbon monoxide source and the dwelling unit
-is connected to the room in  which the carbon monoxide source is located by a door, ductwork or
-a ventilation shaft;
-(L) Working locks for all dwelling entrance doors and latches for all windows, by which access
+(B) Is located within a structure that contains a carbon monoxide source and the  dwelling unit
+is connected to the room in which the carbon monoxide source is located by a door, ductwork or a
+ventilation shaft;
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+(L) Working  locks for all dwelling entrance doors and latches for all windows, by which access
 may be had to the dwelling unit;
-(m) A means of unlocking locks under paragraph  (L) of this subsection, [ including access control
-systems operated by a software application operated on a tenant’s mobile phone or other electronic de-
-vice, provided that the landlord also offers the tenant at least one alternative means of access,
-including] and of unlocking or otherwise accessing all common  areas or common facilities of
-the premises to which the tenant has access, such as  an access code  or a fob, key card or other
+(m) A means of unlocking locks under paragraph (L)  of this subsection, [ including access control
+systems operated by a software application operated on a tenant’s mobile phone or other electronic  de-
+vice, provided that the landlord  also offers the tenant at least one alternative means of access,
+including] and of unlocking or otherwise accessing all  common areas or common facilities of
+the premises to which the tenant has access, such as  an access code or  a fob, key card or other
 tangible key  which must include at least one means other than a tenant portal ; or
-Enrolled Senate Bill 1523 (SB 1523-A) Page 8
-(n) For a dwelling unit in a building where building permits for its construction  were issued on
+(n) For a dwelling unit in a building where building permits for its construction were  issued on
 or after April 1, 2024, adequate cooling facilities that:
 (A) Provide cooling in at least one room of the dwelling unit, not including a bathroom;
-(B) Conform to applicable law at the time of installation and are maintained in good  working
+(B) Conform to applicable law at the time of installation and are maintained in good working
 order; and
-(C) May include central air conditioning, an air-source or ground-source heat pump or a portable
+(C) May  include central air conditioning, an air-source or ground-source heat pump or a portable
 air conditioning device that is provided by the landlord.
-(2) The landlord and tenant may agree in writing that the tenant is to perform specified  repairs,
+(2) The landlord and tenant may agree in writing that the tenant is to perform specified repairs,
 maintenance tasks and minor remodeling only if:
-(a) The agreement of the parties is entered into in good faith and not for  the purpose of evading
+(a) The agreement of the parties is entered into in good faith and not for the  purpose of evading
 the obligations of the landlord;
-(b) The agreement does not diminish the obligations of the landlord to other  tenants in the
+(b) The agreement does not  diminish the obligations of the landlord to other tenants in the
 premises; and
-(c) The terms and conditions of the agreement are  clearly and fairly disclosed and adequate
+(c) The terms and conditions of  the agreement are clearly and fairly disclosed and adequate
 consideration for the agreement is specifically stated.
-(3) Any provisions of this section that reasonably apply only to a structure  that is used as a
-home, residence or sleeping place do not apply  to a manufactured dwelling, recreational vehicle or
-floating home where the tenant owns the manufactured dwelling,  recreational vehicle or floating
-home, rents  the space and, in the case of a dwelling or home, the space is not in a facility. Manu-
-factured dwelling or floating home tenancies in which the tenant owns the  dwelling or home and
+(3) Any provisions of this section that  reasonably apply only to a structure that is used as a
+home, residence or sleeping place do not  apply to a manufactured dwelling, recreational vehicle or
+floating home where the tenant owns  the manufactured dwelling, recreational vehicle or floating
+home, rents the space and, in the case of a dwelling or home, the space is not in a facility. Manu-
+factured dwelling or floating home tenancies  in which the tenant owns the dwelling or home and
 rents space in a facility are governed by ORS 90.730 and not by this section.
 SECTION 7.
-(1) Sections 2 and 3 of this 2026 Act and the amendments  to ORS 90.302 and
-90.320 by sections 5 and 6 of  this 2026 Act apply to rental agreements entered into before,
+(1) Sections 2 and 3 of this 2026 Act and the amendments to  ORS 90.302 and
+90.320 by sections 5 and 6 of this 2026 Act  apply to rental agreements entered into before,
 on or after the effective date of this 2026 Act.
 (2) Section 2 of this 2026 Act applies to applications for a rental agreement screened on
 or after the effective date of this 2026 Act.
-SECTION 8. This 2026 Act takes effect on the 91st day after the date  on which the 2026
+SECTION 8. This 2026 Act takes effect on the 91st day after the date on which the 2026
 regular session of the Eighty-third Legislative Assembly adjourns sine die.
-Passed by Senate February 17, 2026
-..................................................................................
-Obadiah Rutledge, Secretary of Senate
-..................................................................................
-Rob Wagner, President of Senate
-Passed by House February 26, 2026
-..................................................................................
-Julie Fahey, Speaker of House
-Received by Governor:
-........................M.,........................................................., 2026
-Approved:
-........................M.,........................................................., 2026
-..................................................................................
-Tina Kotek, Governor
-Filed in Office of Secretary of State:
-........................M.,........................................................., 2026
-..................................................................................
-Tobias Read, Secretary of State
-Enrolled Senate Bill 1523 (SB 1523-A) Page 9
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