Current through Register Vol. 63, No. 3, March 1, 2024
(1) A person may not, because of race, color,
religion, sex, sexual orientation, national origin, marital status, disability,
familial status, source of income or other protected class of any individual:
(a) Refuse to sell, lease or rent any real
property to a purchaser except that a person may refuse to lease or rent real
property to a prospective renter or prospective lessee:
(A) Based upon the past conduct of a
prospective renter or prospective lessee provided the refusal to lease or rent
based on past conduct is consistent with local, state and federal law,
including but not limited to fair housing laws; or
(B) Based upon the prospective renter's or
prospective lessee's inability to pay rent, taking into account the value of
the prospective renter's or prospective lessee's local, state and federal
housing assistance, provided the refusal to lease or rent based on inability to
pay rent is consistent with local, state and federal law, including but not
limited to fair housing laws.
(b) Expel a purchaser from any real property;
(c) Make any distinction,
discrimination or restriction against a purchaser in price, terms, conditions
or privileges relating to the sale, rental, lease or occupancy of real property
or in the furnishing of any facilities or services in connection with real
property;
(d) Attempt to
discourage the sale, rental, lease or occupancy of any real property to a
purchaser;
(e) Publish, circulate,
issue or display or cause to be published, circulated, issued or displayed, any
communication, notice, advertisement, or sign of any kind whether oral, written
or electronic, relating to the sale, rental or leasing of real property that
indicates any preference, limitation, specification or unlawful discrimination
based on race, color, religion, sex, sexual orientation, national origin,
marital status, disability, familial status, source of income and other classes
protected under Oregon statutes;
(f) Assist, induce, incite or coerce another
person to commit an act or engage in a practice that violates ORS
659A.145,
659A.421, the federal Fair
Housing Act (42 U.S.C. §3601-3617) or these rules;
(g) Coerce, intimidate, threaten or interfere
with any individual in the exercise or enjoyment of, or on account of having
exercised or enjoyed, or on account of having aided or encouraged any other
individual in the exercise or enjoyment of, any right granted or protected by
ORS 659A.145,
659A.421, the federal Fair
Housing Act (42 U.S.C. §3601-3617) or these rules;
(h) Deny access to, or membership or
participation in, any multiple listing service, real estate broker's
organization or other service, organization or facility relating to the
business of selling or renting dwellings, or discriminate against any
individual in the terms or conditions of the access, membership or
participation;
(i) Represent to an
individual that a dwelling is not available for inspection, sale, rental or
lease when the dwelling in fact is available for inspection, sale, rental or
lease;
(j) Otherwise make
unavailable or deny a dwelling to an individual.
(2) A person whose business includes engaging
in residential real estate related transactions may not discriminate against
any individual in making a transaction available, or in the terms or conditions
of the transaction, because of race, color, religion, sex, sexual orientation,
national origin, marital status, disability, familial status, source of income
and other classes protected under Oregon statutes.
(3) A real estate licensee may not accept or
retain a listing of real property for sale, lease or rental with an
understanding that a purchaser may be discriminated against with respect to the
sale, rental or lease thereof because of race, color, religion, sex, sexual
orientation, national origin, marital status, disability, familial status,
source of income and other classes protected under Oregon statutes.
(4) A person may not, for profit, induce or
attempt to induce any other person to sell or rent any dwelling by
representations regarding the entry or prospective entry into the neighborhood
of an individual or individuals of a particular race, color, religion, sex,
sexual orientation, national origin, marital status, disability, familial
status, source of income and other classes protected under Oregon statutes.
(5) For purposes of OAR
839-005-0205(1) to (4), "source of income" includes federal rent subsidy
payments under 42 U.S.C. §1437f, and any other local, state, or federal
housing assistance. "Source of income" does not include income from specific
occupations or income derived in an illegal manner.
Stat. Auth.: ORS
659A.805
Stats. Implemented: ORS
659A.103,
659A.142 &
659A.145,
659A.421; 42 U.S.C.
§3601-3617
