Querin Law

Phil Querin Q&A: Asking for Social Secuirty Number on Rental Application

Question: Can you ask for social security numbers (SSN) on an application?  My attorney says you cannot ask for SSN in Portland.  Is this correct?  Can I ask for SSN for properties outside of Portland?

 

 

Answer: City of Portland (and presumably entire state) allows landlords to use SSN but a tenant's failure to provide a social security number cannot be the basis of rejection.

 

Phil Querin Q&A: Questions and Answers: Landlord Recovery of Certain Charges

Question:  :  I am the Regional Manager for an Oregon park management company.  I was reviewing the Legislation email [SB 1523 and HB 4123] and needed some further clarification on what we can technically charge back to our residents.  We have just introduced a resident portal and are now mailing out monthly rent statements. Are we able to charge back the portal fee and the cost of mailing fee of statements to the residents?

 

Answer: As to the portal fee, this is covered in my recent MHCO publication “Oregon Senate Bill 1523 & House Bill 4123 (2026) Summaries.”  For tenants who choose to pay electronically, Landlords may pass through third-party electronic 

Phil Querin Q&A: Oregon Recycling and Garbage Collection

 

Question. The City of Harrisburg is ending its franchise with Republic Services and will instead be contracting with the City of Junction City for garbage collection. While this change will not be implemented for a few years, we are trying to be proactive and look at all our options.  We currently have a 20-yard compactor and ten co-mingle recycle bins.  We will be changing to two 40-yard dumpsters.  The question is, are we required to offer recycling?  The recycling bins are often misused and we must remove trash and other non-recyclable items from the bins.  We are considering just eliminating the recycling bins altogether.

 

Answer.  This question is best answered by contacting your own legal counsel familiar with the local Junction City and Harrisburg ordinances. However, this is an important topic and warrants being addressed to MHCO Members generally on a statewide basis.

QUESTIONS AND ANSWERS FAIR HOUSING MISCELLANY ASSISTANCE ANIMALS AND DISPARATE IMPACT ISSUES (2026)

 

Caveat: The following answers are based upon my legal alchemy brewed from experience, my understanding of Oregon statutory and case law, and practical considerations balancing the costs of litigation vs. the benefits of a reasonable solution. Members should consult with their own alchemists.

 

Be sure to review MHCO’s recent legal article on favorable developments in the federal Fair Housing laws, as they are relied upon in the answers below.

 

Question 1:  A resident has brought a large Labrador retriever into our community. It is over the weight/size limits allowed under our Rules.  The resident claims it is an assistance animal and is asking for a reasonable accommodation.  Do I have to allow the dog as an assistance animal?

 

 

Answer: This is a typical scenario. You are entitled to ask for verification, and you should unless the need is already apparent. MHCO has forms for the tenant application and landlord agreement (if approved). You should use them!

Phil Querin Article: Changes to Federal Assistance Animal Rules Disparate Impact Laws

 

On January 28, 2020 HUD issued FHEO[1]-2020-01 (“the 2020 Regulation”). The Subject was: “Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act.” On September 17, 2025 the 2020 Regulation was officially withdrawn via a memorandum from the FHEO as part of a broader deregulatory effort under the Department of Governmental Efficiency (“DOGE”) rules.

 

 

What Did FHEO-2020-01 Do?

Phil Querin Article: Oregon Legislature Changes Eviction Process to Include Squatters

 

Effective January 1, 2026, Oregon House Bill 3522 (HB 3522) went into effect. It streamlines the legal process for property owners and landlords removing squatters. It now allows them to be evicted under Oregon’s FED law[1] which had been reserved for the removal of tenants.

A squatter is a person occupying a dwelling unit, or any other portion of the property, and using it for dwelling purposes, “who is not so entitled under a rental agreement or who is not authorized by the tenant to occupy that dwelling unit.” A squatter does not include “holdover tenants,” i.e., persons occupying under a lease or rental agreement who hold over after their term expires.

Phil Querin Q&A: Landlord Advertising

 

In  this litigious era when anyone can file a claim, Landlords and Managers must be careful in their advertising. The most obvious reasons relate to Fair Housing Claims. As covered in my previous article “Responding to ICE Inquiries,” familiarity with Federal and State Fair Housing laws is essential.

 

Federal and State Fair Housing Protected Classes:

  • The Federal Fair Housing Act, prohibits discrimination based on: Race; Color; National origin; Religion; Sex; Familial status; Disability.
  • The Oregon’s Fair Housing statutes are broader: Race; color; religion; sex; national origin; children, disability (also: source of income, domestic violence survivors, marital status, sexual orientation, and gender identity).

 

Guidelines.

Phil Querin Article: Responding to ICE Inquiries - Revised To Include SB599 Regulations

Note:   This revised article (as of 12/12/25) references SB 599 which Oregon passed in May that prohibits vetting applicants (or discriminating against them) based on immigration status. 

Landlords and Managers are now being faced with inquiries/investigations involving their tenant by ICE (U.S. Immigration and Customs Enforcement). This creates a challenge in balancing (a) tenant confidentiality and Fair Housing rights versus (b) compliance with federal immigration laws. The following article is not intended to constitute legal advice. Members should always consult their own attorneys in dealing with specific issues.

 

Federal and State Fair Housing Issues.  The federal Fair Housing Act, prohibits discrimination based on:

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