(2) For purposes of this section, the term "consumer price index" refers to the annual 12-month average change in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor in September of the prior calendar year.
(3) During any tenancy other than week-to-week, the landlord may not increase the rent:
(a) During the first year after the tenancy begins.
(b) At any time after the first year of the tenancy without giving the tenant written notice at least 90 days prior to the effective date of the rent increase.
(c) During any 12-month period, in an amount greater than seven percent plus the consumer price index above the existing rent except as permitted under subsection (7) of this section.
(4) The notices required under this section must specify:
(a) The amount of the rent increase;
(b) The amount of the new rent;
(c) Facts supporting the exemption authorized by subsection (7) of this section, if the increase is above the amount allowed in subsection (3)(c) of this section; and
(d) The date on which the increase becomes effective.
(5) This section does not apply to tenancies governed by ORS 90.505 to 90.850.
(6) A landlord terminating a tenancy with a 30-day notice without cause as authorized by ORS 90.427 (3) or (4) during the first year of a tenancy may not reset rent for the next tenancy in an amount greater than seven percent plus the consumer price index above the previous rent.
(7) A landlord is not subject to subsection (3)(c) or (6) of this section if:
(a) The first certificate of occupancy for the dwelling unit was issued less than 15 years from the date of the notice of the rent increase; or
(b) The dwelling unit is regulated or certified as affordable housing by a federal, state or local government and the change in rent:
(A) Does not increase the tenant’s portion of the rent; or
(B) Is required by program eligibility requirements or by a change in the tenant’s income.
(8) A landlord that increases rent in violation of subsection (3)(c) or (6) of this section is liable to the tenant in an amount equal to three months’ rent plus actual damages suffered by the tenant. [2016 c.53 §2; 2019 c.1 §2; 2021 c.252 §1]
Note: 90.323 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.