(e) A disclosure
described in paragraph (c) of this subsection does not release the landlord
from the duties imposed by this chapter, including the duty to maintain the
dwelling unit in a habitable condition pursuant to ORS 90.320 or 90.730. A
tenant who enters into a tenancy after the landlord’s disclosure does not waive
the tenant’s other remedies under this chapter. The disclosure does not prevent
the governmental agency that made the determination from imposing on the
landlord any penalty authorized by law for entering into the new tenancy.
(4)(a) If a
governmental agency has made a determination regarding a dwelling unit and has
posted or given notice for conditions described in subsection (2)(a) or (3)(a)
of this section, a landlord may not accept from an applicant for that dwelling
unit a deposit to secure the execution of a rental agreement pursuant to ORS
90.297 unless, before accepting the deposit, the landlord discloses to the
applicant as provided by subsection (3)(c) of this section that the dwelling
unit has been determined to be unlawful to occupy.
(b) If a landlord
knowingly violates paragraph (a) of this subsection or fails to correct the
conditions leading to the agency’s determination before the date a new tenancy
is to begin as provided by the agreement to secure the execution of a rental
agreement, an applicant may terminate the agreement to secure the execution of
the rental agreement by giving the landlord actual notice of the termination
and the reason for termination. As a result of a termination, the applicant may
recover from the landlord an amount equal to twice the deposit. If an applicant
recovers damages for a violation pursuant to this paragraph, the applicant may
not recover any amounts under ORS 90.297.