Best Practices for Portland Landlords: Marketing, Applications, and Screening Laws
- Christian Bryant
- Mar 30
- 3 min read
Navigating the complexities of property management in Portland requires landlords to stay informed about the latest marketing, application, and screening laws. This article summarizes key points from the presentation "Marketing, Applications, and Screening Laws - Best Practices For Portland Landlords," offering valuable insights and actionable tips to ensure compliance and optimize your property management practices.
Disclaimer
This training material provides essential information but does not cover every legal requirement for all states. It is designed for awareness and should be supplemented with specific assessments and training to ensure compliance with local, state, and federal regulations.
Application Screening Process
Timing and Order:
Applications are screened on a first-come basis.
Record the date and time of receipt.
Provide a receipt with the date and time if requested.
Applications must be materially complete to be considered.
Portland 72-Hour Notice of Unit Availability:
Open application period begins at least 72 hours after public advertisement.
Applications received before the open period incur an 8-hour penalty.
Disabled applicants receive preference if they apply within the first 8 hours of the open period or before it.
Ad Requirements
Specify when the open application period begins (minimum 72 hours later).
Indicate whether the unit is considered "accessible" (Type A Unit).
Include the screening fee amount and criteria.
Provide an address, web address, or internet link where the information is available.
Fair Housing and Discrimination in Ads
Avoid language that could lead to discrimination claims. Focus on the property rather than ideal tenants. For example, say "2 blocks away from ABC Elementary School" instead of "Ideal for families with children."
Application Requirements
Applications must include:
Opportunity for tenants to affirm Disability Status and request Reasonable Modifications.
Portland notice about the right to request modifications or accommodations.
Description of screening criteria and evaluation process.
Opportunity to include supplemental evidence.
Screening Fee Limits
Exact cost charged by the screening company.
Cost plus 25% if some screening is done by the landlord.
Cost plus 10% if no screening company is used.
Income Requirements
Landlords can require gross income of up to 2.5x rent if rent is less than what's considered affordable for households at 80% MFI.
If rent is more than what's considered affordable, landlords can require gross income of up to 2x rent amount.
Include all sources of verifiable income.
Screening Criteria
Landlords have two options:
City Recommended "Low-Barrier" Criteria:
Consider supplemental evidence if denied for criminal history.
Provide notice of denial with criteria not met.
Custom Criteria:
Conduct an Individual Assessment and consider supplemental evidence if tenant doesn't meet criteria.
Provide a detailed explanation of why supplemental evidence did not negate screening results.
Appeals
If an applicant is denied, landlords must offer an opportunity to appeal for up to 30 days. Approved appeals prequalify tenants for the landlord's properties in Portland at the same or lower rental rate for 3 months.
Exemptions
Certain units are exempt from these requirements, including affordable housing units regulated by the government, units not rented to or advertised to the public, and units shared with the landlord when the unit is the landlord's primary residence.
Penalties
Landlords who violate these laws are liable to applicants for up to $250 per violation plus actual damages, including reasonable attorney fees.
Rental Registration
All residential rental units in Portland must be registered and included in the city Business License Tax Return.
Conclusion
Staying compliant with Portland's marketing, application, and screening laws is crucial for landlords. By following these best practices, landlords can ensure fair treatment of applicants and avoid legal pitfalls.
To learn more and stay updated, register for the next live class on "Marketing, Applications, and Screening Laws - Best Practices For Portland Landlords" here.
For those who prefer to learn at their own pace, purchase the video of the last class here.
By following these guidelines, landlords can effectively manage their properties while ensuring compliance with Portland's regulations.
References
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