Tenant screening in Oregon is tightly regulated—both to protect applicants from discrimination and to ensure landlords use fair, consistent standards. Failure to comply can lead to fines, lawsuits, and even a bar on collecting application fees.[1]
Key takeaways
- Provide written screening criteria to all applicants before collecting any fee or processing paperwork.
- Screening charges must reflect actual cost, with strict requirements for refunds if no screening occurs.
- Federal, state, and local fair housing laws bar discrimination based on race, color, sex, religion, disability, familial status, source of income, and more.
- Portland and Eugene impose additional rules—use city-approved forms if operating in those markets.
Required Disclosures & Steps
- Screening criteria: List all factors used to approve/deny (credit score, rental history, criminal background, income, etc.). Must be provided in writing before accepting any fee. [2]
- Fee amount: Disclose screening charge and refund policy. (See application fees guide.)
- Nondiscrimination: Explicit statement of compliance with federal/state fair housing acts and Oregon’s ban on discrimination by source of income, Section 8, gender identity, etc.
- Unit availability: Landlords may not collect a fee if no units are available. For waitlists, provide a reasonable estimate of when a unit may open up.
- Screening company: Name/address of screening provider (if any); rights to dispute inaccurate info.
- Portland/Eugene: Use city-specific forms and follow all local overlays (Portland FAIR Ordinance, Eugene Rental Housing Code).
Recommended Screening Process
- Adopt and publish a clear, objective set of rental criteria (minimum credit, eviction/bankruptcy policy, income minimum, etc.).
- Distribute criteria and required disclosures to every applicant (by email or printed copy) before you collect a fee.
- Obtain written consent to run credit/criminal/background checks (required by federal law).
- Screen all applicants against the same standards—no exceptions or “case-by-case” unless documented and non-discriminatory.
- Document all results and decisions (keep for at least 2 years).
- Provide adverse action notice (denial or higher deposit) if rejecting or making a conditional offer based on screening.
| Requirement | Oregon Statewide | Portland | Eugene |
|---|---|---|---|
| Screening fee limit | Actual cost (no profit) | Actual cost; must use city disclosures | Actual cost or $10 cap (city code) |
| Written criteria required | Yes (ORS 90.295) | Yes (FAIR ordinance) | Yes (city code) |
| Additional protected classes | State/federal only | Expanded list (inc. Section 8, marital status) | Expanded list |
| Adverse action notice | Required (federal FCRA) | Required | Required |
Common Pitfalls (and How to Avoid Them)
- Charging a screening fee before giving required disclosures.
- Charging when no unit is actually available (except on waitlist with disclosure).
- Applying inconsistent criteria (“gut feeling” denials) or asking prohibited questions (marital status, arrest history, etc.).
- Failing to keep documentation of screening results and communications.
- Ignoring local overlays in Portland/Eugene—these cities audit screening practices regularly.
Best Practices & Pro Tips
- Use digital application tools that automate criteria sharing, consent, and tracking for legal compliance.
- Standardize your process and never make exceptions based on intuition or requests for “special consideration.”
- Always issue a written “adverse action” notice if you deny or impose extra terms based on the screening.
- Consider using a city or state-provided screening checklist for every file (or build your own that’s even more robust).
- When in doubt, consult a local landlord attorney or fair housing agency for tricky situations.
Tip: Automated platforms (like Chez-Moi) help document and timestamp every screening step, protecting you if challenged.
Caution: Screening mistakes can cost you: loss of fees, fines up to $11,000 (federal), and bar on charging future fees.[3]