Hillsboro City Council To Vote On Eviction Protections For Renters

Press release from the City of Hillsboro:

3/24/2020

City Council Will Vote on Eviction Protections for Renters in Hillsboro

Proposed protections for residential and commercial tenants will be voted on during a special Hillsboro City Council meeting on Wednesday, March 25, at 12 pm.Post Date:03/24/2020

The Hillsboro City Council will hold a special meeting on Wednesday, March 25, at 12 pm to vote on proposed protections for residential and commercial renters during the COVID-19 crisis.

If approved by the City Council, the temporary moratorium order would prevent residential and commercial tenants from being evicted because of nonpayment of rent, late charges, utility charges, or any other service charges or fees due to wage loss or loss of business income resulting from the COVID-19 pandemic.

The eviction protections would continue throughout the City of Hillsboro’s emergency declaration, which was first declared on March 12, 2020. The moratorium would also prevent the charge or collection of late fees for rent payments that are delayed due to COVID-19 income loss.

The City has dedicated $100,000 for rental assistance to help households struggling to pay rent.

A public health crisis, an economic crisis

Many City of Hillsboro residents have lost their jobs or seen a decrease in their income during the public health effort to contain the spread of the COVID-19 virus.\

Local businesses have also suffered a severe decline in business, which has brought staff layoffs, cancellations, closures, and the inability to make commercial lease payments. The overall impact on the City’s economic health, as well as the increased burden on the City’s ability to provide public services during this state of emergency due to vacant commercial properties creates a significant danger to both life and property in the City.

The Hillsboro City Council’s consideration follows Oregon Governor Kate Brown’s declaration this past weekend of a temporary moratorium on residential tenant evictions for 90 days that prohibits law enforcement from serving, delivering, or acting on evictions due to nonpayment.

How renters would qualify

To qualify for the proposed protection, affected tenants would need to:

1. Demonstrate substantial loss of income. Acceptable documentation includes, but is not limited to, proof of: loss of employment, reduction of wages, the need for care of family members, including children who have been kept out of school, illness, and lower gross receipts or closures due to government-imposed restrictions.
2. Notify their landlords on or before the day that rent is due that they are unable to pay rent, fees, or charges due to substantial wage loss or loss of business income as a result of the COVID-19 pandemic.

Repayment of rent

Tenants would still be liable for unpaid rent, charges, or fees, but they will have six months after the expiration of the emergency declaration to pay the landlord unpaid rents that qualified to be deferred under this moratorium — without penalty or late fees. This includes utility charges paid directly to the landlord. After six months has passed, tenants may be evicted for unpaid rents, charges, and fees.

The moratorium would apply only to tenants who are affected by COVID-19 and cannot pay rent, fees, services, or utilities normally paid to their landlord because of their substantial loss of income during this emergency. The moratorium would not apply to evictions for any other lawful purpose.

Penalties for landlords who don’t comply

If a landlord fails to comply with this moratorium, the tenant has an affirmative defense in an eviction proceeding. In addition, the landlord may be subject to a fine of $500 for each day that a tenant is unable to access their residential or commercial unit due to an eviction taken in violation of this order.

Tenants may also seek protection from the courts by seeking an injunction to stop an eviction prohibited by the moratorium.

For more information about COVID-19 and the impacts in Hillsboro, visit Hillsboro-Oregon.gov/COVID19.

This press release was produced by the City of Hillsboro. The views expressed here are the author’s own.