Articles by Cliff Hockley, CPM

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Articles by
Cliff Hockley

By Cliff Hockley, President
Bluestone and Hockley Real Estate Services

This article summarizes Oregon and Federal laws that apply to victims of domestic violence, dating violence and stalking.

It is estimated that 1.3 million women are victims of physical assault by an intimate partner each year.
Domestic violence victims often return to their batterers when a viable option for permanent housing cannot be found
Victims and survivors of domestic violence often have trouble finding alternate housing. ( potentially due to lack of income and/or poor credit)
Due to high demand, most domestic violence shelters limit their stays to 90 days. (The average length of time it takes a homeless family to secure housing is six to 10 months)
The Department of Justice has an approximate $400 million program, the Office on Violence Against Women, that is funded by the Violence Against Women Act. Mary Beth Buchanan currently serves as Acting Director. The act was most recently reauthorized in 2005.

(from the National Coalition Against Domestic Violence summary sheet)

Current Oregon Laws: ORS 90.453
If an individual or a person living in the same family unit as been a victim of domestic violence, sexual assault or stalking in the preceding 90 day term, they have the right to be released from their lease or rental agreement with a 14 day notice (plus 3 days if notice is mailed) to the landlord. In order to exercise this right the victim must provide the landlord at least one of the following:

A copy of a court protective order (restraining or stalking order for example)
Copy of a police report showing that you or a minor living with you is a victim
A statement from a law enforcement officer that a tenant or a minor living with the tenant is a victim of domestic violence, sexual assault or stalking

The notice must provide the date the tenant wants to be released from the lease or rental agreement.

A tenant released from the Lease or Rental Agreement:

Is not liable for rent or damages to the dwelling incurred after the release date
Is not subject to any fee( such as an early termination fee)because of the termination of the rental agreement.
Notwithstanding the victim’s release from the rental agreement any other tenant remains subject to the rental agreement. ( ORS 90.456)

Lock Changing: ORS 90.459
If you or a minor living with you is the victim of domestic violence, sexual assault or stalking you have the right to have your locks changed promptly.

You are responsible for paying the cost of the lock change.
You do not need to provide proof that the violence occurred.
The landlord shall promptly change the locks or give the tenant permission to change the locks. The tenant then must give a copy of the key to the landlord.

If the abuser is on the rental agreement and the tenant wants to change the locks to keep the abuser out, then:

The tenant must provide a restraining order to the landlord that specifically orders the abuser to move out.
The landlord has no duty to allow the perpetrator in to fetch their personal property.
The perpetrator is jointly liable with any other tenant of the dwelling unit for rent and damages to the dwelling unit incurred prior to the perpetrators lock-out of the unit.
Except as otherwise provided in ORS 90.459, the landlord may not require the tenant to pay additional rent, or an additional deposit or fee, because of the exclusion of the perpetrator.

If the tenant changes the locks and decides to stay in the rental unit then they are also responsible for paying the rent.

Housing Discrimination against Victims of Domestic Violence is Illegal
Under the Federal Fair Housing act discriminating in the rental of a dwelling unit to victims of domestic violence is illegal. (United States ex rel Alvera vs. C.B.M. Group, Inc.)

A landlord cannot evict you as a victim or suspected victim of domestic violence in order to protect the other tenants in the building
a landlord may not evict you if he/she finds out that you are in a abusive relationship.
If a landlord learns that, in the process of screening your rental application, a potential tenant is a victim of domestic violence, he/she cannot deny the application based solely on the victim status. On the other hand if there is a criminal record or the tenant does not meet the income qualifications, then the landlord may choose not to rent to a victim of domestic violence.

Future Changes in the Pipeline
With the update and refunding of the Victims against Violence act of 2005, new mandates have been established, especially for Housing Authorities across the United States. The amendments apply only to Public Housing programs Section 8 Choice Voucher program and Project-based Section 8.

These rules include:

That a past or current status as a victim of domestic Violence, dating violence, or stalking is not an allowable basis for denial of admission or denial of housing assistance
Authorization to bifurcate a lease and exclude the perpetrator from the lease
Criminal activity directly related to domestic violence, dating violence, or stalking does not constitute grounds for termination of the tenancy of a victim
Documentation requested as part of the screening must be kept confidential, especially with respect to domestic violence status

Summary
There is a clear need for protection of victims of domestic violence. Adjusting the laws of Oregon and the United States to protect victims has been a slow complicated process when it comes to housing. The country is struggling to balance the needs of he victims with the needs of landlords and adjacent tenants.

In Indiana, for example, (where we were able to find records) there were sixty (60) deaths due to domestic violence from July 1, 2003 – June 30, 2004). The vast majority (thirty-eight) of those were the result of killings by gunshot. Both male and female victims died. This implies that tenants are keeping guns in their rental units. It also indicates a potential danger to neighbors who only live a sheetrock wall away.

Clearly landlords want to protect their property. Victims of domestic violence also need as much maneuvering room as possible to get away from the perpetrators of violence.

Looking at the Indiana details in the attached appendix, what further complicates matters is that most victims of domestic violence who seek assistance are very poor. They cannot just move out. They are unemployed and have no money for rent, no money for deposits and fees, and they typically have minors to care for. As a result victims typically invite the perpetrators back into their lives and households.

I see this as the biggest challenge to landlords. They rent to a victim and then the perpetrator moves in and creates management challenges for the landlord and safety issues for the adjoining tenants. This is an ongoing issue. Stay tuned as tenant activists work toward greater rights for victims of domestic violence, and landlords work on finding a balanced approach to protecting their properties.