Oregon Rental Application

What information should landlords collect?

At its most basic level, Oregon rental applications should collect standard details, like:

• Personal details. Gather the names of applicants, co-applicants, and co-signers, as well as their date of birth, email, phone number, emergency contact, social security number, and smoking status.
• Financial history. Make sure to get employment information, self-reported income, and rental history details.
• References. Obtain written references from the applicant’s employer and previous landlords if necessary.
• Rental history. Verifying past addresses can help verify information in the application and check for eviction history.
• Pets. Information regarding pets can help determine the security deposit or additional pet fees.
• Vehicle information. Details regarding the tenant’s vehicles should remain on file during the tenant’s stay.

Oregon rental applications are intended to collect information about potential tenants. Federal and state laws set guidelines regarding the types of information landlords can gather, how it is collected, and how they can use it when deciding on a tenant. Next, we’ll review these guidelines.

(Note: TurboTenant provides landlords with a free, legally reviewed rental application template that conforms to all federal and state laws).

Pre-Screener

Sometimes, landlords opt for renters to fill out a pre-screener before an Oregon rental application. Pre-screeners ensure the tenant meets the minimum criteria for the unit. While pre-screeners are helpful, they don’t replace a complete rental application.

This quick questionnaire can save time for the landlord and typically collect:

• General contact information
• Employment status and income
• Self-reported credit score
• Desired move-in date
• Number of occupants
• Pets
• Smoking status

Federal Application Laws

Since rental applications deal with sensitive information, several federal laws dictate how landlords can collect and use that information. Landlords must carefully understand and follow these laws to avoid penalties.

Fair Housing Act (FHA): The Federal Fair Housing Act prohibits discrimination based on protected characteristics like race, color, religion, sex, disability, familial status, or national origin. Landlords cannot ask questions regarding these categories, which apply to landlords, property managers, and their employees.

Beyond the application process, landlords should not write property listings to attract or deflect applicants based on protected characteristics (Fair Housing Act).

Equal Credit Opportunity Act (ECOA):

Passed in 1974, the ECOA was designed to protect applicants from discrimination based on the same categories established in the FHA but adds a vital group — people who have received public assistance. Regulating how landlords can assess rental or credit applications ensures a more even playing field in renting property (Equal Credit Opportunity Act).

Americans with Disabilities Act (ADA):

The ADA stipulates that landlords must provide reasonable accommodations for tenants with disabilities while protecting those same tenants from discrimination when applying for a unit (Americans with Disabilities Act).

Fair Credit Reporting Act (FCRA):

The FCRA requires landlords to get written consent before running a credit check and notify applicants if they deny them due to credit history (Fair Credit Reporting Act).

Civil Rights Act of 1866: This law requires landlords to treat all applicants equally, and they cannot deny a rental application based on color or race (Civil Rights Act of 1866).

Oregon Application Laws

Just as federal laws affect the application for a rental unit, Oregon landlord-tenant laws can also play a significant role in landlords accepting Oregon rental applications.

Many states protect tenants in the same way as the Federal Fair Housing Act, either through one specific law or a series of laws designed to guide landlords to accept tenants equally and fairly. The Oregon Fair Housing Council provides helpful resources for tenants and landlords to navigate the process.

Source of income: Oregon law prohibits landlords from rejecting an applicant based on their source of income, including government assistance and housing vouchers (ORS 659A.421).

Criminal history: Landlords in Oregon are allowed to run a criminal background check with the applicant’s consent and can use the results to consider the application within specific parameters. For instance, a court must have convicted the applicant, and the crime must be on the list provided by the legislature. (Landlords should note that recent legislative action has amended this law with changes due in January of 2028) (ORS 90.303).

Eviction history: Oregon landlords can consider eviction history up to 5 years prior to the applicant applying. However, landlords cannot use an eviction action to deny a rental if the eviction occurred between April 1, 2020, and March 1, 2022, as rent collection and evictions became problematic during the COVID-19 pandemic (ORS 90.303).

Pets, ESAs, and Service Animals

If you allow pets into your rental house/apartment/home, it’s not a bad idea to include a section in the application that asks the applicant about their specific circumstances. While landlords cannot deny an application if the pet is an ESA or service animal, tenants can still be held liable for any damages the animal creates.

Pet information: Landlords should collect information about the pet (type, size, weight, ESA, or service animal) and inform the tenant about any additional pet charges, like rent or additional security deposits.

Fair Housing Act: The FHA forbids landlords from denying an applicant due to a service animal or ESA. They cannot charge pet deposits, pet rent, or additional fees for those animals. Landlords cannot restrict the breed or size of emotional support animals (ESAs) or service animals (FHA Assistance Animals).

Denial Process

When it comes time to deny an Oregon rental applicant, landlords must ensure all denials are legal and consistent for everyone, regardless of status. It’s legal for a landlord to deny an applicant for:

• Insufficient income
• Poor credit history
• Adverse rental history
• Criminal background (as allowed by state and federal law)
• False or incomplete information

Denial notice: Oregon landlords must provide applicants with a denial notice in writing within 14 days of the decision, stating the reason for the denial (ORS 90.304).

Credit/Background denials: As outlined above, the FCRA requires landlords to notify the applicant and issue an adverse action notice for the denial, which includes:

• Name of the credit/background check provider,
• An explanation of the tenant’s right to dispute any inaccuracies in the screening report,
• Contact details of the reporting agency (FCRA guidelines).

Document storage: While Oregon law doesn’t explicitly mention applications, property managers and landlords are required by Oregon law to maintain all records related to renting property for at least 6 years. This requirement protects landlords from discrimination claims and establishes a best practice for record retention across all rental units (OAR 863-025-0035).