Or. Admin. Code § 813-065-0210

Current through Register Vol. 63, No. 11, November 1, 2024

Section 813-065-0210 - Facility Closure Notice

(1) When a facility owner(s) or landlord agent(s) is required by ORS 90.671(1) to give a tenant written notice of termination of a rental agreement because the facility or portion of a facility is closing and the land or leasehold is being converted to a different use, the facility owner(s) or landlord agent(s) shall provide at least the following information in the notice:

(a) The facility owner(s) or landlord agent(s) address for contact and communications;

(b) The firm date set for the closure of the facility or of the relevant portion of the facility;

(c) The actions and activities the facility owner(s) or landlord agent(s) plans to take in the closure that may affect the facility tenants;

(d) The facility owner(s) or landlord agent(s)' obligations under ORS 90.671;

(e) The tenant's rights for a 365-day closure notice or 180-day closure notice, as applicable, including the right, if any, for payment of moving expenses under OAR 813-065-0240 and the eligible moving expenses described in 813-065-0230;

(f) The voluntary benefits, if any, to be provided to the tenant by the facility owner(s) or landlord agent(s) or contracted between the parties, together with any shortened period between notice and termination of the rental agreement arising therefrom;

(g) A copy of ORS 90.671 and OAR 813-065-0200 to 813-065-0240;

(h) Any definitions of statutory terms used in OAR 813-065-0200 to 813-065-0240, applicable to the tenant's rights under the rules; and

(i) A copy of any city or county regulations, laws or ordinances that apply to tenant interests in closures of facilities and, if the local regulations, laws or ordinances provide greater rights and protection than are available under state law, a statement that the tenant may be entitled to the greater rights and protections and a description of the additional rights and protections that apply.

(2) When a facility owner(s) or landlord agent(s) is required by ORS 90.671(7) to give a tenant written notice of termination of a rental agreement and the applicable federal, state or local law or order is known by the facility owner(s) or landlord agent(s) to provide greater rights or protections for a tenant than are provided by ORS 90.671(7), including government relocation benefits, the facility owner(s) or landlord agent(s) shall furnish the tenant a copy of the applicable law or order and:

(a) In the notice required by ORS 90.671(7), shall include an explanation of the greater rights; or

(b) Instead of the notice required by ORS 90,671(7), if the federal, state or local law requires a notice of the rights or protections, shall provide that notice along with all material in the notice required by ORS 90.671(7).

(3) The facility owner(s) or landlord agent(s) shall deliver a notice required by ORS 90.671 personally or by first class mail to each affected tenant so that the tenant receives the notice not later than the applicable required number of days before the date designated in the notice for termination. The notice must be delivered to the tenant at the address specified in the lease or rental agreement between the tenant and the facility owner(s) or landlord agent(s). In any sublet unit, the notice must be delivered to the tenant at the tenant's current address and to the subtenant in possession. If the tenant's address is unknown and not reasonably discoverable, the facility owner(s) or landlord agent(s) shall deliver the tenant's copy to the subtenant with written instructions to forward it to the tenant. Failure of the subtenant to deliver the copy to the tenant does not limit the facility owner(s) or landlord agent(s)' right to terminate the rental agreement because of the closure.

Or. Admin. Code § 813-065-0210

OHCS 4-2011(Temp), f. & cert. ef. 3-1-11 thru 8-27-11; OHCS 7-2011, f. & cert. ef. 8-26-11; OHCS 19-2023, amend filed 08/28/2023, effective 8/28/2023

Statutory/Other Authority: ORS 90.671

Statutes/Other Implemented: ORS 90.671