- ORS 659A.420 “Purchaser” defined for ORS 659A.421.
- ORS659A.421 Discrimination in selling, renting or leasing real property prohibited.
Oregon’s housing discrimination statutes mirror Federal statutes. The mirroring is deliberate so that Oregon can benefit from Federal discrimination enforcement dollars. Oregon laws can be more restrictive or grant more rights than Federal laws, but not less. So, for instance, there is no exception under Oregon for laws for owners of single family residences or small landlords (< 5 units) as there are under Federal discrimination statutes. Oregon adds marital status, source of income and sexual orientation to the Federal list of protected classes. Cities and counties occasionally add classes locally, so always ask about local discrimination statutes if you are unfamiliar with an area.
In addition to Fair Housing provisions like those found in Federal law, Oregon law contains a unique disclosure prohibition that applies to AIDS. Under Oregon law, “no person shall disclose to any person that an occupant or owner of real property has or died from human immunodeficiency virus or acquired immune deficiency syndrome.” This prohibition applies to agents as well as homeowners and buyers.
Oregon law is also unique in the way it handles exceptions based on familial status and gender. Under Oregon law, those sections of ORS 659A.421 that prohibit actions based upon familial status or sex 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. This exception is the only one found in Oregon law and is much narrower than the exceptions applicable under Federal law.