(4)(a) Except for
tenancies covered by ORS 90.505 to 90.850, if a written rental agreement so
provides, a landlord may require a tenant to pay to the landlord a utility or
service charge or a public service charge that has been billed by a utility or
service provider to the landlord for utility or service provided directly, or
for a public service provided indirectly, to the tenant’s dwelling unit or to a
common area available to the tenant as part of the tenancy. A utility or
service charge that shall be assessed to a tenant for a common area must be
described in the written rental agreement separately and distinctly from such a
charge for the tenant’s dwelling unit.
(b)(A) If a
rental agreement provides that a landlord may require a tenant to pay a utility
or service charge, the landlord must bill the tenant in writing for the utility
or service charge within 30 days after receipt of the provider’s bill. If the
landlord includes in the bill to the tenant a statement of the rent due, the
landlord must separately and distinctly state the amount of the rent and the
amount of the utility or service charge.
(B) The landlord
must provide to the tenant, in the written rental agreement or in a bill to the
tenant, an explanation of:
(i) The manner in
which the provider assesses a utility or service charge; and
(ii) The manner
in which the charge is allocated among the tenants if the provider’s bill to
the landlord covers multiple tenants.
(C) The landlord
must:
(i) Include in
the bill to the tenant a copy of the provider’s bill; or