Oregon Tenant Rights: Familial Status Discrimination Explained

Renting a home in Oregon comes with important legal protections to ensure fair treatment. One key area is protection against familial status discrimination. Under federal and Oregon law, landlords cannot treat you differently because you have children, are pregnant, or are seeking custody of a child. Understanding your rights can help you protect your household and seek support if issues arise.

What Is Familial Status Discrimination?

Familial status discrimination means treating someone unfairly in renting, leasing, or buying housing due to the presence of children under 18. This also extends to pregnant people or those securing custody of a minor. Landlords cannot:

• Deny you the ability to rent a unit because you have children
• Impose different rules (like higher deposits) solely because of children
• Limit your access to certain areas, amenities, or housing options due to family makeup

Both federal Fair Housing Act and Oregon law (ORS 659A.421) protect you from this type of discrimination.

How Oregon Law Protects Tenants

The Oregon Residential Landlord and Tenant Act lays out your rights as a renter. It is illegal for landlords to:

• Refuse to rent or renew a lease due to familial status
• Offer different rental terms (including price or conditions) to families with children
• Enforce unfair occupancy limits that specifically target families

However, certain age-restricted communities designated as senior housing may set occupancy limitations legal under federal law.

Recognizing Familial Status Discrimination

If you notice any of the following, it may signal discrimination based on familial status:

• Advertising seeks “adults only” or “no children” tenants
• Your application is denied after you mention children
• Landlord enforces additional rules or higher rent only for your family

Official Forms and How to Take Action

If you believe you have experienced familial status discrimination in Oregon housing, you have options. You can file a complaint with the Oregon Bureau of Labor & Industries (BOLI), which enforces fair housing laws in the state. Here’s how to proceed:

• Oregon Fair Housing Complaint Intake Questionnaire (BOLI)
  Official form and instructions
  When and how to use: If you face discrimination — for example, a landlord denying an apartment because you have kids — fill out and submit this form to BOLI. It is the first step to opening a formal investigation.

You may also file a federal complaint with the U.S. Department of Housing and Urban Development (HUD) if you wish. Access the online form and more information at HUD’s official site: File a Fair Housing Complaint (HUD).

Oregon's Tribunal for Landlord-Tenant Issues

If you need to escalate your issue, most disputes (including discrimination claims) are handled initially by BOLI. Lease termination or eviction disputes based on discrimination may eventually go to Oregon circuit courts – Landlord-Tenant Matters, part of the state's judicial system.

What to Do if You Experience Discrimination: Steps for Renters

Taking prompt and clear action can help protect your rights and strengthen your case.

• Gather evidence: Save written communication, take notes of conversations, and keep any rental ads or letters.
• Complete the Oregon Fair Housing Complaint Intake Questionnaire or HUD complaint form.
• Submit to BOLI online, by mail, or in person. HUD complaints can be filed online or over the phone.
• Keep records of every submission and response.

Summary: Discrimination complaints in Oregon start with BOLI, with further dispute resolution possible in state courts if needed.

FAQ: Oregon Familial Status Discrimination Protections

1. What is considered familial status under Oregon law?
   Familial status covers families with children under 18, people who are pregnant, or anyone seeking legal custody of a child.
2. Can a landlord set a lower occupancy limit for households with kids?
   No, unless there are legitimate safety or regulatory reasons. Landlords cannot single out families with children for stricter occupancy rules.
3. What should I do if my landlord posts "adults only" ads?
   Save a copy and consider filing a complaint with BOLI or HUD, as this may violate fair housing laws.
4. How long do I have to file a discrimination complaint?
   You typically have one year from the alleged act to file a complaint with BOLI or HUD. Acting swiftly is recommended.
5. Do familial status protections apply to all types of rental housing?
   Most rental housing is covered, except for some senior-designated communities that meet federal age restrictions.

Key Takeaways

• Oregon law and federal law both protect renters from discrimination based on familial status.
• If you believe you’ve experienced discrimination, document it, seek advice, and use the official complaint forms from BOLI or HUD.
• State and federal agencies provide guidance and support — you’re not alone if you need help.

Need Help? Resources for Renters

• Oregon Bureau of Labor & Industries (BOLI) Fair Housing – File discrimination complaints, find resources, or get support.
• Oregon Circuit Courts – Landlord-Tenant Dispute Info – Information on court processes for serious rental disputes.
• U.S. Department of Housing and Urban Development (HUD) – File a Complaint
• Oregon Residential Landlord and Tenant Act (ORS Chapter 90) – The main tenant protection laws in Oregon.

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1. See: Oregon Revised Statutes (ORS) 659A.421 – Discrimination in Selling, Renting, or Leasing Real Property Prohibited.
2. Oregon Residential Landlord and Tenant Act (ORS Chapter 90).
3. Fair Housing Act – U.S. Department of Housing and Urban Development (HUD).
4. Oregon Bureau of Labor and Industries (BOLI) – Fair Housing Website.
5. Oregon Courts – Landlord-Tenant Law Information.

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