Oregon Renters: Your Rights on Criminal History Screening

Looking for a rental in Oregon and worried your criminal history might affect your chances? Many renters want a fair shot, regardless of their past. It's important to know what landlords in Oregon legally can and cannot ask about your criminal history — and what your rights are if you feel you've been treated unfairly. This article walks you through Oregon’s tenant screening laws, fair housing protections, and what steps you can take if you think discrimination has occurred.

What Oregon Law Says About Criminal History and Tenant Screening

Oregon has passed laws designed to balance public safety and fair access to housing. Landlords can consider criminal history, but there are important limits on how and when they can do so. Starting January 1, 2022, the Fairness in Renting Law (Senate Bill 291) sets out clear rules for screening renters based on criminal history.^[1]

Key Points About Oregon’s Tenant Screening Rules

• No automatic bans: Oregon law forbids “blanket” policies that automatically reject applicants because of any criminal record.
• Individual assessment: Landlords must consider the nature and age of the offense and whether it actually impacts a renter's ability to fulfill tenancy responsibilities.
• Notice requirements: Landlords who use criminal background checks must give applicants specific written notice about their screening criteria.
• Opportunity to dispute: If denied, applicants have a right to receive the reasons in writing and can dispute errors in background reports.

These rules help ensure screenings are fair and based on current behavior, not just past mistakes. The Oregon Residential Landlord and Tenant Act also outlines more general protections for all renters.^[2]

Protected Classes and Fair Housing Laws

The federal Fair Housing Act bars discrimination based on race, color, national origin, religion, sex, familial status, or disability.^[3] While criminal history status itself isn't covered, using it as a pretext for other forms of discrimination (such as singling out people of a certain race or disability) is illegal.

Can a Landlord Deny Me for Any Criminal Record?

No. Denials must be based on something more than a past conviction. Minor offenses, old charges, or a record not affecting tenancy should not by themselves be grounds for denial. Landlords must weigh:

• How long ago the offense occurred
• The nature of the offense (e.g., violent/sexual vs. nonviolent)
• If the record meaningfully relates to being a successful tenant

Notice and Forms for Screening and Denial

Landlords using screening services or background checks must provide proper notice up front. If they deny you based on screening, they must clearly share why and inform you of your rights.

• Sample Screening Disclosure Form: Oregon's sample Rental Application Checklist explains how information will be reviewed and how you can dispute it. For example, after applying, you receive this notice outlining the screening steps and your rights if your application is declined.
• Notice of Adverse Action: If based on a consumer/background report, landlords must deliver a written adverse action notice. The Sample Adverse Action Notice (from the federal Consumer Financial Protection Bureau) provides a model, explaining why you were denied and how to dispute errors. If you receive such a letter, check that the reasons given are recent, relevant, and accurate — you have the right to contest outdated or incorrect information.

If you believe you were unfairly denied based on criminal history or suspect discrimination, you can file a complaint.

How to File a Complaint About Discrimination in Oregon

The Oregon Bureau of Labor & Industries (BOLI) Civil Rights Division handles claims of housing discrimination in Oregon. Their process is accessible and designed to protect renters’ rights. You can submit a complaint through their online portal or by mail. Find the detailed steps and links below.

The Official Tribunal for Rental Disputes

Most rental disputes in Oregon, including discrimination issues, are handled by the Oregon Bureau of Labor & Industries (BOLI) Civil Rights Division.^[4] They investigate fair housing violations and can provide support if you feel your rights under Oregon’s rental laws have been violated.

Frequently Asked Questions

1. Can Oregon landlords deny me housing just for having a criminal record?
   No, Oregon landlords must conduct an individual assessment and cannot automatically deny housing solely for any criminal record.
2. What if my criminal history is old or irrelevant?
   Landlords should consider the age and nature of the offense. Old or irrelevant convictions should not be grounds for denial if they don't relate to being a good tenant.
3. How do I dispute an incorrect background check?
   First, review the adverse action notice from the landlord. Then contact the screening company to correct errors, and notify the landlord of any changes.
4. Where do I file a housing discrimination complaint in Oregon?
   Contact the Oregon Bureau of Labor & Industries (BOLI) Civil Rights Division to start the complaint process.
5. What notice must I get before a landlord screens my background?
   Landlords must provide a written screening disclosure outlining the background check process and your rights.

Conclusion: Know and Use Your Rights

• Oregon landlords must assess each applicant individually, considering specifics of any criminal record.
• Fair housing laws protect you against discrimination under most circumstances.
• If you believe your rights have been violated, you have clear options to seek help or file complaints.

Understanding these laws can give you more confidence and control as you search for a new home in Oregon.

Need Help? Resources for Renters

• Oregon Bureau of Labor & Industries (BOLI) Civil Rights Division: File discrimination complaints and access resources.
• Oregon Department of Land Conservation and Development – Rental Housing: Information on rental laws, tenant rights, and fair housing in Oregon.
• Oregon Housing and Community Services: Rental assistance and tenant resources.
• Contact your Oregon state legislator if you need to raise a concern about rental legislation.

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1. Oregon Senate Bill 291 – Fairness in Renting Law
2. Oregon Residential Landlord and Tenant Act
3. Federal Fair Housing Act (42 U.S.C. §3601 et seq.)
4. Oregon Bureau of Labor & Industries (BOLI) Civil Rights Division

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