244.1980. - Operation of rental dwelling without license a misdemeanor.
(a) A person who allows to be occupied, lets or offers to let to another, any dwelling
unit, without a license as required by this article, is guilty of a misdemeanor, punishable
as provided in Section 1.30 of this Code.
(b)
The practice of pre-leasing new rental construction shall be exempt from the provisions
of this section.
(c)
Notwithstanding subdivision (b), if a new rental construction has not received a certificate
of occupancy on or before the move-in date established in the lease agreement, the
tenant shall be entitled to select one (1) of the three (3) following remedies:
(1)
Alternative housing provided by the landlord that is reasonably equivalent to the
unit described in the lease agreement until said unit may be lawfully inhabited;
(2)
Reimbursement by cash or check from the landlord of the total rent paid by the tenant
each month, as established in the lease agreement, to mitigate the costs of alternative
housing secured by the tenant until the unit described in the lease may be lawfully
inhabited; or
(3)
An option to withdraw from the lease agreement, in which case the landlord shall return
to the tenant all amounts paid to the landlord, including without limitation any rent
and any other payment incurred in entering into the lease that is not otherwise governed
by state law.
The remedies available under this subdivision shall be available in addition to any
other remedies available at equity or law. Any landlord that does not abide by this
subdivision may be subject to administrative citations or adverse rental license action.(90-Or-235, § 6, 9-14-90; 96-Or-129, § 3, 12-13-96; 2008-Or-016, § 5, 2-29-08; Ord. No. 2023-065, § 1, 12-7-23)