Current through Register Vol. 63, No. 9, September 1, 2024
(1) OAR
839-005-0205 does not apply with
respect to sex distinction, discrimination or restriction if the real property
involved is such that the application of OAR
839-005-0205 would necessarily
result in common use of bath or bedroom facilities by unrelated persons of
opposite sex.
(2) The provisions of
OAR 839-005-0205(1)(a) to (d) and
(f) that prohibit actions based upon sex,
sexual orientation or familial status do not apply to the renting of space
within a single-family residence if the owner actually maintains and occupies
the residence as the owner's primary residence and all occupants share some
common space within the residence.
(3)
(a) OAR
839-005-0205 does not apply to
familial status distinction, discrimination or restriction with respect to
housing for older persons.
(b) As
used in this subsection, "housing for older persons" means housing:
(A) Provided under any state or federal
program that is specifically designed and operated to assist elderly persons,
as defined by the state or federal program;
(B) Intended for, and solely occupied by,
persons 62 years of age or older; or
(C) Intended and operated for occupancy by at
least one person 55 years of age or older per unit. Housing qualifies as
housing for older persons under this subparagraph if:
(i) At least 80 percent of the dwellings are
occupied by at least one person 55 years of age or older per unit; and
(ii) Policies and procedures that
demonstrate an intent by the owner or manager to provide housing for persons 55
years of age or older are published and adhered to.
(c) Housing does not fail to meet
the requirements for housing for older persons if:
(A) Persons residing in the housing as of
September 13, 1988, do not meet the requirements of paragraph (b)(B) or (C) of
this subsection. However, new occupants of such housing will meet the age
requirements of paragraph (b)(B) or (C) of this subsection; or
(B) The housing includes unoccupied units
that are reserved for occupancy by persons who meet the age requirements of
paragraph (b)(B) or (C) of this subsection.
(d) Nothing in this section limits the
applicability of any reasonable local, state or federal restrictions regarding
the maximum number of occupants permitted to occupy a dwelling.
Stat. Auth.: ORS
659A.805
Stats. Implemented: ORS
659A.103,
659A.142 &
659A.145,
659A.421,
42 U.S.C. §
3601-3617
