(D) The written
rental agreement providing for the utility or service charge describes the
additional amount separately and distinctly from the utility or service charge;
and
(E) Any billing
or notice from the landlord regarding the utility or service charge lists the
additional amount separately and distinctly from the utility or service charge.
(d)(A) A landlord
must provide 60 days’ written notice to a tenant before the landlord may amend
an existing rental agreement for a month-to-month tenancy to require a tenant
to pay a public service charge that was adopted by a utility or service
provider or a local government within the previous six months.
(B) A landlord
may not hold a tenant liable for a public service charge billed to a previous
tenant.
(C) A landlord
may not require a tenant to agree to the amendment of an existing rental
agreement, and may not terminate a tenant for refusing to agree to the
amendment of a rental agreement, if the amendment would obligate the tenant to
pay an additional amount for cable television, direct satellite or other video
subscription services or for Internet access or usage as provided under
paragraph (c) of this subsection.
(e) A utility or
service charge, including any additional amount added pursuant to paragraph (c)
of this subsection, is not rent or a fee. Nonpayment of a utility or service
charge is not grounds for termination of a rental agreement for nonpayment of
rent under ORS 90.394 but is grounds for termination of a rental agreement for
cause under ORS 90.392.
(f) If a landlord
fails to comply with paragraph (a), (b), (c) or (d) of this subsection, the
tenant may recover from the landlord an amount equal to one month’s periodic
rent or twice the amount wrongfully charged to the tenant, whichever is
greater.