Or. Admin. Code § 813-065-0210 - Facility Closure Notice
(1) When
a facility owner(s) or landlord agent(s) is required by ORS
90.671(1) to
give a tenant written notice of termination of a rental agreement because the
facility or portion of a facility is closing and the land or leasehold is being
converted to a different use, the facility owner(s) or landlord agent(s) shall
provide at least the following information in the notice:
(a) The facility owner(s) or landlord
agent(s) address for contact and communications;
(b) The firm date set for the closure of the
facility or of the relevant portion of the facility;
(c) The actions and activities the facility
owner(s) or landlord agent(s) plans to take in the closure that may affect the
facility tenants;
(d) The facility
owner(s) or landlord agent(s)' obligations under ORS
90.671;
(e) The tenant's rights for a 365-day closure
notice or 180-day closure notice, as applicable, including the right, if any,
for payment of moving expenses under OAR
813-065-0240 and the eligible
moving expenses described in
813-065-0230;
(f) The voluntary benefits, if any, to be
provided to the tenant by the facility owner(s) or landlord agent(s) or
contracted between the parties, together with any shortened period between
notice and termination of the rental agreement arising therefrom;
(h) Any definitions of statutory terms used
in OAR 813-065-0200 to
813-065-0240, applicable to the
tenant's rights under the rules; and
(i) A copy of any city or county regulations,
laws or ordinances that apply to tenant interests in closures of facilities
and, if the local regulations, laws or ordinances provide greater rights and
protection than are available under state law, a statement that the tenant may
be entitled to the greater rights and protections and a description of the
additional rights and protections that apply.
(2) When a facility owner(s) or landlord
agent(s) is required by ORS
90.671(7) to
give a tenant written notice of termination of a rental agreement and the
applicable federal, state or local law or order is known by the facility
owner(s) or landlord agent(s) to provide greater rights or protections for a
tenant than are provided by ORS
90.671(7),
including government relocation benefits, the facility owner(s) or landlord
agent(s) shall furnish the tenant a copy of the applicable law or order and:
(a) In the notice required by ORS
90.671(7),
shall include an explanation of the greater rights; or
(b) Instead of the notice required by ORS
90,671(7), if the federal, state or local law requires a notice of the rights
or protections, shall provide that notice along with all material in the notice
required by ORS 90.671(7).
(3) The facility owner(s) or
landlord agent(s) shall deliver a notice required by ORS
90.671 personally or by first
class mail to each affected tenant so that the tenant receives the notice not
later than the applicable required number of days before the date designated in
the notice for termination. The notice must be delivered to the tenant at the
address specified in the lease or rental agreement between the tenant and the
facility owner(s) or landlord agent(s). In any sublet unit, the notice must be
delivered to the tenant at the tenant's current address and to the subtenant in
possession. If the tenant's address is unknown and not reasonably discoverable,
the facility owner(s) or landlord agent(s) shall deliver the tenant's copy to
the subtenant with written instructions to forward it to the tenant. Failure of
the subtenant to deliver the copy to the tenant does not limit the facility
owner(s) or landlord agent(s)' right to terminate the rental agreement because
of the closure.
Notes
Statutory/Other Authority: ORS 90.645 - 90.671
Statutes/Other Implemented: ORS 90.645 - 90.671
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) When a facility owner(s) or landlord agent(s) is required by ORS 90.671(1) to give a tenant written notice of termination of a rental agreement because the facility or portion of a facility is closing and the land or leasehold is being converted to a different use, the facility owner(s) or landlord agent(s) shall provide at least the following information in the notice:
(a) The facility owner(s) or landlord agent(s) address for contact and communications;
(b) The firm date set for the closure of the facility or of the relevant portion of the facility;
(c) The actions and activities the facility owner(s) or landlord agent(s) plans to take in the closure that may affect the facility tenants;
(d) The facility owner(s) or landlord agent(s)' obligations under ORS 90.671;
(e) The tenant's rights for a 365-day closure notice or 180-day closure notice, as applicable, including the right, if any, for payment of moving expenses under OAR 813-065-0240 and the eligible moving expenses described in 813-065-0230;
(f) The voluntary benefits, if any, to be provided to the tenant by the facility owner(s) or landlord agent(s) or contracted between the parties, together with any shortened period between notice and termination of the rental agreement arising therefrom;
(h) Any definitions of statutory terms used in OAR 813-065-0200 to 813-065-0240, applicable to the tenant's rights under the rules; and
(i) A copy of any city or county regulations, laws or ordinances that apply to tenant interests in closures of facilities and, if the local regulations, laws or ordinances provide greater rights and protection than are available under state law, a statement that the tenant may be entitled to the greater rights and protections and a description of the additional rights and protections that apply.
(2) When a facility owner(s) or landlord agent(s) is required by ORS 90.671(7) to give a tenant written notice of termination of a rental agreement and the applicable federal, state or local law or order is known by the facility owner(s) or landlord agent(s) to provide greater rights or protections for a tenant than are provided by ORS 90.671(7), including government relocation benefits, the facility owner(s) or landlord agent(s) shall furnish the tenant a copy of the applicable law or order and:
(a) In the notice required by ORS 90.671(7), shall include an explanation of the greater rights; or
(b) Instead of the notice required by ORS 90,671(7), if the federal, state or local law requires a notice of the rights or protections, shall provide that notice along with all material in the notice required by ORS 90.671(7).
(3) The facility owner(s) or landlord agent(s) shall deliver a notice required by ORS 90.671 personally or by first class mail to each affected tenant so that the tenant receives the notice not later than the applicable required number of days before the date designated in the notice for termination. The notice must be delivered to the tenant at the address specified in the lease or rental agreement between the tenant and the facility owner(s) or landlord agent(s). In any sublet unit, the notice must be delivered to the tenant at the tenant's current address and to the subtenant in possession. If the tenant's address is unknown and not reasonably discoverable, the facility owner(s) or landlord agent(s) shall deliver the tenant's copy to the subtenant with written instructions to forward it to the tenant. Failure of the subtenant to deliver the copy to the tenant does not limit the facility owner(s) or landlord agent(s)' right to terminate the rental agreement because of the closure.
Notes
Statutory/Other Authority: ORS 90.671
Statutes/Other Implemented: ORS 90.671