FOR RENT
all welcome
to apply
p o r t l a n d l a n d l o r d -t e n a n t l a w
Application & Screening
Learn about the new rst-come-rst-served system for
rental applications, priority for applicants with mobility
disabilities, limits on screening fees and income-to-
rent ratios, and low-barrier screening criteria.
Contents
Advertising 4
72-Hour Notice of Unit Availability
Collection, Processing & Fees 5
Open Application Period
Timeline for Collection & Processing
Limits on Screening Fees
General Screening 8
Identification
Income
Additional Screening 11
Overview of Options
Low-Barrier
Landlord Choice
Denials, Appeals & Acceptance 17
Exemptions 20
Mobility Disabilities & Disability Modifications
For information about Mobility Disabilities and
Disability Modications, see pages 5 and 18.
3
Have Questions?
If you are a landlord or tenant with questions or concerns about the
Application and Screening Ordinance, or seeking general guidance,
contact PHB's Rental Services Ofce. Call, email, or stop by during
helpdesk hours.
Rental Services Office Helpdesk
503-823-1303
rentalservices@portlandoregon.gov
portland.gov/rso
- 421 SW 6th Avenue, Suite 500
Portland, Oregon 97204
Mondays, Wednesdays & Fridays
9-11:0 0a m and 1-4:00pm
Staff at the Rental Services Ofce will provide information
about city laws and policy, and referrals to other resources
and information. However, they cannot offer legal advice or
tell a person what to do in a situation.
Frequently Asked Questions
You’ll nd answers to the following frequently asked
questions. Look for the blue box or call out.
What does an application need to include? - - - - - - - - - - - - - - 4
Can an applicant request a record of receipt? - - - - - - - - - - - - - 5
In what order are applications processed? - - - - - - - - - - - - - - 6
When can a landlord refuse to process an application? - - - - - - - - 7
What forms of ID must a landlord accept? - - - - - - - - - - - - - - 8
How are income-to-rent ratios evaluated? - - - - - - - - - - - - - 10
What if an applicant does not meet the
minimum income ratios? - - - - - - - - - - - - - - - - - - - - - 10
When and how does a determination need to be communicated? - - 17
What if a non-applicant tenant is denied? - - - - - - - - - - - - - 18
What does a Notice of Denial need to include? - - - - - - - - - - - 18
Find Documents & Forms Online
Find the full Administrative Rules, forms, and required notices
online at portland.gov/rso/application-screening
54
Priority for People with Mobility Disabilities*
When, during rst 8 hours of the Open Application Period, a
landlord receives an application with a household member
who self-identies as Mobility Disabled, the landlord must give priority
to such applications, and accept, conditionally accept, or deny these
applicants prior to considering other applications. If there are multiple
applications with a household member who is Mobility Disabled, this
must happen in the order received, but prior to processing completed
applications for households without Mobility Disabled members.
*This only applies to accessible (Type A) units, and does not apply to applications for units
that are leased through a lottery or coordinated access system for residential buildings
with rents at 80% MFI or lower.
Advertising
72-Hour Notice of Unit Availability
When advertising to the public, a landlord is required to give 72 hours
notice of unit availability before beginning to accept applications.
The notice must specify:
a) when applications will begin to be accepted (no sooner than 72 hours);
b) whether or not the unit is accessible;* and
c) the screening fee (if charging a fee), and a description of the screening criteria.
*An Accessible Dwelling Units qualies as a “Type A Unit” pursuant to the Oregon Structural Building
Code and ICC A117.1. In general, Type A Units are designed and constructed to provide accessibility for
wheelchair users throughout unit.
Collection, Processing & Fees
Open Application Period
The Open Application Period begins at least
72 hours after the notice of availability is
posted. At the start of the Open Application
Period, a landlord is required to record
the date and time that each completed
application is received. A landlord may
simultaneously process multiple applications
but is required to accept, conditionally
accept, or deny in the order received.
If applications are received prior to the Open
Application Period, a landlord is required to
record the date and time of these completed applications as 8 hours
after the start of the Open Application Period as a penalty.
Vacancy Waitlists
If a landlord maintains a waitlist for lling vacancies, names must be added
in the order received. When members of a waitlist apply for a vacancy, a
landlord may simultaneously process multiple applications but is required to
accept, conditionally accept, or deny applicants in the order the applications
were received.
Can an applicant
request a record of
receipt?
If an applicant requests
record of receipt a landlord
is required to this provide
this information, including
date and time received,
within ve business days of
receiving the request.
What does an application need to include?
o The opportunity to afrm a Mobility Disability
or other Disability Status
o The City of Portland Notice to Applicants relating
to a tenant’s right to request modication or
accommodation
o The City of Portland Notice to Applicants
referencing where to obtain Portland Housing
Bureau’s (PHB) Statement of Applicant Rights
o A description of the Screening Criteria
and Evaluation Process, if a screening fee
is charged
o The opportunity to include Supplemental
Evidence for consideration, in order to mitigate
potentially negative screening results
A landlord can provide this info by providing an
address, internet link, or other way prospective
tenants can nd this info.
Find forms and
documents online
portland.gov/
rso/application-
screening
Best Practice While not required, it’s best practice to include
information about the Right to Appeal in the application.
76
Timeline for Collection & Processing
72-Hour Notice of
Unit Availability
If the opening is publicly
advertised, a notice of unit
availability must be posted 72
hours in advance of the Open
Application Period.
Open Application Period
The Open Application Period
begins at least 72 hours after
the notice of unit availability
is posted, and applications are
processed in the order received.
Preference for accessible units
is given to applicants with
mobility disabilities.
8-Hour Penalty
If applications are received
before the Open Application
Period, they are subject to an
8-hour penalty and processed
in the order received.
Order of Application
Processing
Applications are not accepted
until a minimum of 72 hours
after posting the notice of unit
availability. Applications received
during this time are subject to an
8-hour penalty.
Applications that indicate a
Mobility Disability and are
received during rst 8 hours of the
Open Application Period are given
priority and processed rst, in the
order received.*
Applications that indicate a
Mobility Disability and are received
prior to the Open Application
Period, in the order received.*
Applications received during rst
8 hours of the Open Application
Period, in the order received.
Applications received prior to
the Open Application Period are
processed per the 8-hour penalty,
in the order received.
All other applications, in the order
received.
*This only applies to accessible units.
Applicant Tip
Wait for the Open Application Period to apply! If an application is received
before the Open Application Period begins, an 8-hour penalty is applied.
Limits on Screening Fees*
Scenario Maximum Allowable Limit
All screening through a
screening company
No more than the cost charged
by the screening company
Some but not all screening
through a screening company
No more than the cost charged by the
screening company, plus 25%
All screening done by
the landlord; no use of
a screening company
No more than the cost for a professional
screening company serving the
Portland-Metro area, plus 10%
*This is in addition to the requirements of ORS Chapter 90.295.
When can a landlord refuse to process an application?
A landlord may refuse to process application if:
a. the applicant has veriable, repeated Rental Agreement violations—
with the same landlord—with the most recent violation within 365
days of the submission date, and if the landlord has provided the
applicant with copies of the considered violation notices;*
b. the application is materially incomplete;
c. the application fails to include information concerning
identication or income; or
d. the applicant has intentionally withheld or misrepresented
required information.
*See Administrative Rules for more detail portland.gov/rso/application-screening.
Applicant Tip
Make sure your application is complete! A landlord can refuse to process
your application if it is not complete.
1
0
3
2
4
5
98
General Screening
A. Identification
A landlord may not reject an application as incomplete because an applicant
(or member of the applicant’s household) does not produce a social security
number or prove lawful presence in the U.S.
In addition, a landlord may not inquire about the immigration status of the
applicant, or any member of an applicant’s household, or require proof of their
lawful presence in the U.S.
What forms of ID must a landlord accept?
To verify the name, date of birth, and photo of an applicant, a landlord is
required to accept any of the following (or combination thereof):
§ Evidence of a Social Security
Number (SSN Card)
§ Valid Permanent Resident
Alien Registration Receipt
Card;
§ Immigrant Visa;
§ Individual Tax Payer
Identication Number (ITIN);
§ Non-immigrant Visa;
§ Any government-issued
identication regardless of
expiration date; or
§ Any non-governmental
identication or combination
of identications that
would permit a reasonable
verication of identity
B. Income
When multiple persons will reside in a unit, the applicants may choose which
adults will be nancially responsible, and which will be tenants with no
nancial responsibility.
Applicant vs. Non-Applicant Tenant
An applicant assumes nancial responsibility, and can be screened for nancial
responsibility. A non-applicant tenant assumes no nancial responsibility, and
cannot be screened for nancial responsibility. A non-applicant tenant can be
screened for factors related to maintenance and conduct.
Evaluating Non-Applicant Tenants
A landlord may screen adult non-applicant tenants solely for factors related
to maintaining property, and for conduct consistent with the health, safety
or peaceful enjoyment of premises by other residents or the landlord, and to
evaluate prospective tenants’ ability to comply with the landlord’s Rules of
Residency. While a landlord may not screen non-applicant tenants for nancial
responsibility, they may require all adult tenants to sign Rules of Residency.
Limits on Income-to-Rent Ratios
When the monthly rent amount is less
than what is considered affordable for
households at 80% of the median family
income (MFI),* a landlord may require a
monthly gross income of up to—but not
greater than—2.5 times the rent amount.
When the monthly rent amount is more
than what is considered affordable for
households at 80% of the median family
income (MFI),* a landlord may require a
monthly gross income of up to—but not
greater than—2 times the rent amount.
If rent is less than the amount
affordable at 80% MFI, then
required income can be:
2.5x
the rent amount
If rent is more than the amount
affordable at 80% MFI, then
required income can be:
2x
the rent amount
*Affordable rents at 80% MFI are published annually by PHB: portland.gov/phb/;
see Administrative Rules for more detail portland.gov/rso/application-screening.
1110
How are income-to-rent ratios evaluated?
When evaluating an applicant’s income-to-rent ratio, a landlord is required to:
§ Include all sources of an applicant’s income, including—but not limited
to—wages, rent assistance (non-governmental only), and monetary
public benets. A landlord may also choose to consider veriable
assistance from friends or family.
§ Base calculations on:
a) a rental amount that is reduced by the amount of any local, state, or
federal government rent voucher or housing subsidy available to the
applicant; and
b) the cumulative nancial resources of all applicants (does not include
non-applicant tenants).
What if an applicant does not meet the
minimum income ratios?
If an applicant does not meet the minimum income ratios, a landlord
may require additional and documented security from a guarantor, or
in the form of an additional security deposit [pursuant to Subsection
30.01.087 A]. The landlord should communicate this conditional
approval in writing, and indicate the amount of additional security.
An applicant will have no less than 48 hours to accept or decline this
opportunity. If a landlord requires additional security from a guarantor,
the landlord may require the guarantor to demonstrate nancial
capacity.
If the guarantor is a friend or family member, the landlord cannot require
the guarantor to have income greater than three times the rent amount.
The guarantor agreement may not exceed the term of the Rental
Agreement.
Additional Screening
In conjunction with the General Screening, a landlord may apply additional
screening criteria beyond income and identity verication.
A landlord may apply either the predened Low-Barrier screening criteria, or
their choice of screening criteria (Landlord Choice). Landlords are encouraged
to apply screening criteria that is consistent with, or less prohibitive than, the
Low-Barrier screening criteria.
!
If charging a screening fee, all screening criteria must be dened
and described in the notice of unit availability.
Applicant Tip
Concerned about negative screening results?
You can provide Supplemental Evidence to explain,
justify or negate the relevance of potentially
negative information revealed through screening.
This could be in the form of:
§ personal letters,
§ documents from a community organization,
§ proof of participation in a substance
treatment program, or
§ anything else you believe to be relevant.
Include this with your completed application.
Low-Barrier vs. Landlord Choice
1312
DENY ACCEPT
Is application
being denied for
Criminal History?
Consider
Supplemental
Evidence
Is application
still being denied?
Enter into
Rental Agreement
Provide written
Notice of Denial
Provide written
Notice of Denial
In any event, written
Notice of Denial must be
provided within 2 weeks
of determination.
LOWBARRIER
YES
YESNO
NO
Path to Rental Agreement
Path to Written Notice of Denial
After screening,
is intent to deny or
accept application?
If applying additional screening criteria, a landlord has two options:
Provide written
Notice of Denial, with
explanation of reasons
that Supplemental
Evidence did not negate
screening results
Conduct Individual
Assessment & Consider
Supplemental Evidence
Is application
still being denied?
Enter into
Rental Agreement
DENY ACCEPT
YES
NO
LANDLORD CHOICE
After screening,
is intent to deny or
accept application?
!
Best Practice While not required, it’s best practice to consider any
Supplemental Evidence provided for rental history and credit history.
1514
Rental History
1. An action to recover possession, if action:
a) was dismissed or resulted in a general judgment for the applicant before the
application was submitted;
b) resulted in a general judgment against the applicant, that was entered 3 or
more years before date of the application; or
c) resulted in a general judgment against the applicant, that was entered fewer
than 3 years before the date of application if 1) termination of tenancy [upon
which action was based] was without cause, or 2) if judgment against applicant
was a default judgment due to failure to appear, and applicant can present
credible evidence that they had already vacated the unit at the time the notice
was served
d) a judgment or court record that was subsequently set aside or sealed pursuant
to procedures in state law
2. Any information that a landlord obtains from a verbal or written rental reference
check, with the exception of:
a) defaults in rent;
b) three or more material violations of a rental agreement within one year prior to
the date of application, and that resulted in notices issued to the tenant;
c) an outstanding balance due to a landlord; or
d) lease violations that resulted in termination with cause
4. Insufcient rental history, unless applicant in bad faith withholds rental history
information
A. Low-Barrier Screening Criteria
When applying Low-Barrier screening criteria, a landlord agrees not to reject an
applicant for the following aspects of their criminal, credit, or rental histories:
Criminal History
1. An arrest that did not result in conviction, unless pending on the date of application
2. Participation in, or completion of, a diversion or a deferral of judgment program
3. A conviction that has been judicially dismissed, expunged, voided or invalidated
4. A conviction for a crime that is no longer illegal in Oregon
5. A conviction or any other determination issued through the juvenile justice system
6. A conviction for misdemeanor offenses for which dates of sentencing are older than
3 years from the date of application*
7. A conviction for a felony offense for which dates of sentencing are older than 7
years from the date of application*
If an applicant is being denied for reasons related to their criminal history,
a landlord is required to consider any Supplemental Evidence provided by
an applicant with their completed application.
Credit History
1. A credit score of at least 500 or higher
2. Insufcient credit history, unless an applicant in bad faith withholds credit history
information that might otherwise form the basis for a denial
3. Negative information provided by a consumer credit reporting agency indicating
past-due unpaid obligations in amounts less than $1,000
4. A balance owed for prior rental property damage in an amount less than $500
5. A bankruptcy, led by the applicant, that has been discharged
6. A Chapter 13 Bankruptcy led by the applicant, and under active repayment
7. Medical or education/vocational training debt
In applying Low-Barrier screening criteria, a landlord is required to
comply with all applicable Federal, State, and Local Laws.
!
!
1716
Denials, Appeals & Acceptance
A. Denials
Denials in General
A landlord may deny any applicant or
non-applicant tenant in accordance
with requirements of 30.01.086 and all
applicable federal, state, and local laws.
Denial with Low-Barrier Criteria
When denying an applicant using Low-
Barrier screening criteria, a landlord is
required to provide a written Notice of
Denial, with a statement of the reasons
for denial. Before denying an applicant for
criminal history, a landlord must consider the Supplemental Evidence
provided by the applicant, if submitted with their application.
Denial with Landlord Choice of Criteria
When denying an applicant using Landlord’s Choice of screening criteria, a
landlord must conduct an Individual Assessment of the applicant (see page
16). After performing the assessment, including consideration of Supplemental
Evidence, a landlord may deny an applicant, so long as:
§ Denial is non-discriminatory in accordance with Fair Housing Act;
§ Denial is in accordance with general screening process and all other
applicable federal, state, and local laws;
§ The landlord provides written Notice of Denial to the applicant within two
weeks of denial, and includes an explanation of the basis for denial, as well
as an explanation of the reasons that the Supplemental Evidence did not
adequately compensate for the factors that informed the landlord’s decision
to reject the application; and
§ Written Notice of Denial is issued to the applicant by the landlord.
B. Landlord Choice Screening Criteria
Acceptance of an Application
When a landlord applies their choice of screening criteria (Landlord Choice)
and accepts an application, no additional assessment is required.
Intent to Deny an Application
When a landlord applies their choice of screening criteria and intends to deny
an application, if any single criterion is more prohibitive than any of the Low-
Barrier screening criteria, the landlord is required to conduct an Individual
Assessment before issuing a denial to the applicant.
Conducting the Individual Assessment
An individual assessment requires a landlord to consider the context around
negative application components. It is also an opportunity for an applicant
to explain why they should be accepted in spite of a disqualifying component
of their application. There is no standard form or template for an Individual
Assessments. If a landlord has questions, they should seek legal guidance.
Consideration of Supplemental Evidence
When conducting an Individual Assessment, a landlord is required to accept
and consider all Supplemental Evidence that an applicant provides (with
their completed application) to explain, justify, or negate the relevance of
potentially negative information revealed through screening.
When conducting an Individual Assessment, a landlord must consider
Supplemental Evidence and:
1. The nature and
severity of the
incidents that
would lead to
denial;
2. The number
and type of
incidents;
3. The time that
has elapsed
since the date
the incidents
occurred; and
4. The age of
the individual
at the time
the incidents
occurred.
All city requirements are in addition to state requirements; see ORS 90.304.
!
Communication of
Determination
Within 2 weeks of evaluation,
a landlord is require to provide
written communication of the
determination—acceptance,
conditional acceptance,
or denial. In the case of
conditional acceptance or
denial, the basis for the
decision must be described.
1918
Disability-Related Modification
Requests & Denials
An applicant’s request for reasonable modication or
accommodation for a disability, or the nature of a modication or
accommodation requested, may not be a factor for denial of an
application.
In addition, an applicant may not be denied housing based solely on a
landlord’s denial of a modication request. If a requested modication
is denied:
§ The landlord is required to provide the applicant two successive
24-hour periods within which to request alternative modications.
§ If no reasonable modication can be made, the applicant, if otherwise
eligible, may accept the unit without modication.
B. Appeals
A landlord is required to offer an opportunity for appeal, for 30 days following the
denial of an application. The appeal process must:
1. Provide an opportunity to correct, refute, or explain negative information that
formed the basis of the denial;
2. Prequalify the applicant for rental opportunities at landlord’s properties for 3
months following the date that the landlord approves an application reviewed on
appeal; and
3. Waive the applicant screening fee for 3 months following the approved appeal.
Prior to waiving the screening fee, the landlord may require the applicant to self-
certify that no conditions have changed from those described in the landlord’s
approved application.
C. Approval & Acceptance
Upon landlord approval and applicant
acceptance of a unit, the landlord and
applicant are required to enter into a
Rental Agreement. A landlord may
also require all adult tenants to
sign Rules of Residency.
What if a non-applicant tenant is denied?
If an applicant qualies for a unit, a landlord may not deny that applicant
based on the denial of a non-applicant tenant who the applicant
included on their application. Instead, a landlord is required to allow the
qualifying applicant to accept the unit without the non-applicant tenant.
What does a Notice of Denial need to include?
Written Notice of Denial must meet the requirements of ORS 90.304, and
include a statement of the reasons for denial. If using Landlord’s Choice
of screening criteria, it must include an explanation of the reasons for
denial, as well as an explanation of the reasons that the Supplemental
Evidence did not adequately compensate for the factors that informed
the landlord’s decision.
The law controlling Application and Screening requirements
is subject to change. Landlords and tenants are encouraged to
stay appraised of the current state of the law.
!
20
Failure to Comply
A landlord that fails to comply with any of these requirements is liable
to applicant for an amount up to $250 per violation plus actual damages,
reasonable attorney fees and costs. Any applicant materially harmed by
a landlord's intentional noncompliance has a cause of action in any court
of competent jurisdiction for damages and other remedies, as may be
appropriate.
Exemptions
These requirements do not apply to a leasing process for units that are:
1. Regulated as affordable housing by a federal, state or local government for
households that earn no more than 80 percent of the median household income
and are subject to the Multnomah County Coordinated Access System or formal
referral agreement between a landlord and a non-prot service provider or
government agency working to place low income or vulnerable tenants into
housing;
2. Not rented to, or advertised for rental to the general public—which includes
advertisements on online platforms with or without a fee; or
3. Shared with a landlord using the Dwelling Unit as a primary residence, where the
Dwelling Unit is dened by PCC 33.910, and not by ORS 90.100; or shared with
an existing tenant with a separate Rental Agreement for the same Dwelling Unit,
where the Dwelling Unit is dened by PCC 33.910, and not by ORS 90.100; or
4. Tenancies where the applicant would occupy one Dwelling Unit in a Duplex where
the landlord’s principal residence is the second Dwelling Unit in the same Duplex;
or
5. Tenancies where the applicant would occupy an Accessory Dwelling Unit, as
dened by PCC 33.205, that is subject to the Act in the City of Portland so long as
the owner of the Accessory Dwelling Unit lives on the site, or Tenancies where the
owner occupies the Accessory Dwelling Unit and the Dwelling Unit the Applicant
would occupy is on the site.
Note: Wherever local, state, or federal funding or loan requirements for tenant screening conict with
any portion of Section 30.01.086, funding or loan requirements will take precedence over only those
portions in conict.
If you believe you have been harassed or discriminated against
because of your race, color, national origin, religion, gender,
familial status, disability, marital status, source of income, sexual
orientation including gender identity, domestic violence, type of
occupation, or age over 18 seek legal guidance regarding your
rights under Fair Housing law.
For translation or interpretation, please call 503-823-1303
TTY at 503-823-6868 or Oregon Relay Service at 711
503-823-1303: Traducción e interpretación
Chuyển Ngữ hoặc Phiên Dịch | 翻译或传译
Письменныйили устный перевод | 翻訳または通訳
Traducere sau Interpretare | 번역 및 통역
Письмовий або усний переклад | Turjumida ama Fasiraadda
| ການແປພາສາ ຫຼື ການອະທິບາຍ
This requirement is in addition to any other rights and
responsibilities set forth in the Oregon Residential Landlord
and Tenant Act under Oregon Revised Statute Chapter 90, and
Portland Landlord-Tenant Law under Portland City Code Title 30.
The information in this form is for educational purposes only. You should review
appropriate state statute, city code, and administrative rule as necessary. If you need
legal guidance, or are considering taking legal action, you should contact an attorney.
published January 2020
Have Questions?
If you are a landlord or tenant with questions or concerns about the
Application and Screening Ordinances, or seeking general guidance,
contact PHB's Rental Services Ofce. Call, email, or stop by during
helpdesk hours.
Rental Services Office Helpdesk
503-823-1303
rentalservices@portlandoregon.gov
portland.gov/rso
- 421 SW 6th Avenue, Suite 500
Portland, Oregon 97204
Mondays, Wednesdays & Fridays
9-11:0 0a m and 1-4:00pm
Staff at the Rental Services Ofce will provide information about city laws
and policy, and referrals to other resources and information. However, they
cannot offer legal advice or tell a person what to do in a situation.
Find full Administrative
Rules, forms, and other
documents online at
portland.gov/rso/
application-screening
