On June 5, 2026, House Bill 4123 will go into effect. HB 4123 is a landlord-tenant bill that restricts the landlord’s ability to convey defined “confidential information” to third parties. “Confidential information” in this bill is defined as dates of birth; social security numbers, taxpayer identification numbers, and other government issued identification; phone numbers; email addresses; banking information, tax returns, W-2 statements or other proofs of income or financial assistance; employer’s name or address or employer-issued identification; immigration or citizenship status or membership in a protected class; records of assertion of rights against bias, stalking, sexual assault or domestic violence or under the federal Violence Against Women Act; and medical records or records related to disability.
The landlord is not permitted to disclose any of the above confidential information to a third party if it is related to a tenant, former tenant, applicant, or member of the tenant/former tenant/applicant’s household. Knowing violation of this law entitles the tenant to bring action for 2 months’ rent or 2 months of the prospective tenancy’s rent. There is a defined set of exceptions where a landlord can convey that information: (i) when the individual tenant/former tenant/applicant gives written consent; (ii) when court order or judicial warrant or subpoena requires it, but not when an administrative warrant or subpoena requires it; (iii) as necessary to communicate with affordable housing auditors; (iv) as necessary for background checks for screening applicants; (v) as necessary to share a phone number or email for repair services under ORS 90.315(1); (vi) as necessary to respond to reference requests by a potential landlord; and (vii) as necessary for a landlord insurance claim, collection matter, or administrative or court action.
For real estate transactions where a purchaser is obtaining a tenant as part of the transaction, the buyer becomes the “landlord” at closing. This means that the seller-landlord may transfer information about the tenant to the buyer-landlord without violation of this act after the buyer becomes the “landlord.” Transfer of confidential information before closing can result in a violation of the law. The buyer should be receiving no tenant/former tenant/applicant confidential information prior to closing. Sellers can still provide prospective buyers with copies of the lease, but are required by law to redact all confidential information, as defined above, contained within that lease. It is worth noting that a tenant’s name is not considered “confidential information.” Separately, a landlord can transfer confidential information to a property manager without violating the act, assuming the property manager has become the agent of the landlord for the purpose of managing the tenant-occupied property.