[DV_listserv] Another legislative change

[Domestic Violence issues]

Hello,

I wanted to make you aware of another legislative change from this past session:

Current landlord-tenant law contains several provisions specific to survivors, prohibiting discrimination, and allowing for lock changes or early lease terminations for safety reasons. SB 390 adds to those protections by specifying that a tenant who is a victim may not be held responsible for damage that results from the conduct of a perpetrator relating to domestic violence, sexual assault or stalking committed against the tenant. A landlord may require a tenant to provide verification that the tenant or a member of the tenant's household is a victim of domestic violence, sexual assault or stalking as provided by ORS 90.453. The bill becomes effective January 1, 2016. (Summary by Sybil Hebb)

Here is a link to the bill: https://olis.leg.state.or.us/liz/2015R1/Downloads/MeasureDocument/SB390/Enrolled

As you've read above, a tenant may ask for "verification" from the victim/survivor that s/he is a victim/survivor. Verification can be provided in many forms, including a statement from a law enforcement officer, prosecutor, and/or advocate as a "qualified third party". The bill provides a template "verification" form that can be modified for your specific case.

Here is how the form looks:

QUALIFIED THIRD PARTY
VERIFICATION

Name of qualified third party
Name of tenant
PART 1. STATEMENT BY TENANT
I, (Name of tenant), do hereby state as follows:
(A) I or a minor member of my household have been a victim of domestic violence, sexual assault
or stalking, as those terms are defined in ORS 90.100.
(B) The most recent incident(s) that I rely on in support of this statement occurred on the following
date(s): .
The time since the most recent incident took place is less than 90 days; or
The time since the most recent incident took place is less than 90 days if periods when the
perpetrator was incarcerated or was living more than 100 miles from my home are not counted. The
perpetrator was incarcerated from to . The perpetrator
lived more than 100 miles from my home from to .
(C) I hereby declare that the above statement is true to the best of my knowledge and belief,
and that I understand it is made for use as evidence in court and is subject to penalty for perjury.
(Signature of tenant)
Date:
PART 2. STATEMENT BY QUALIFIED THIRD PARTY
I, (Name of qualified third party), do hereby verify as follows:
(A) I am a law enforcement officer, attorney or licensed health professional or a victim's advocate
with a victims services provider, as defined in ORS 90.453.
Enrolled Senate Bill 390 (SB 390-A) Page 7
(B) My name, business address and business telephone are as follows:
(C) The person who signed the statement above has informed me that the person or a minor
member of the person's household is a victim of domestic violence, sexual assault or stalking, based
on incidents that occurred on the dates listed above.
(D) I reasonably believe the statement of the person above that the person or a minor member
of the person's household is a victim of domestic violence, sexual assault or stalking, as those terms
are defined in ORS 90.100. I understand that the person who made the statement may use this document
as a basis for gaining a release from the rental agreement with the person's landlord.
I hereby declare that the above statement is true to the best of my knowledge and belief, and
that I understand it is made for use as evidence in court and is subject to penalty for perjury.
(Signature of qualified third party
making this statement)
Date:
_______________________________________________________________________________________

This bill is important in that it improves the economic security for victims and survivors while removing a possible avenue of continued (economic) abuse by the perpetrator.


Erin S. Greenawald
Sr. Assistant Attorney General | DA/LE Assistance| Criminal Justice Division
Oregon Department of Justice
2250 McGilchrist Street SE, Suite 100, Salem OR 97302
Main: 503.378.6347 | Desk: 503.934.2024 | Fax: 503.373.1937

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