Phil Querin Article: Oregon Senate Bill 1523 & House Bill 4123 (2026) Summaries

Key Provisions.

1. It creates a new formal definition: “Tenant Portal”  which means an online system or software used by landlords to manage applications, payments, or communications.
   • Note: “Tenant Portal” does not include communications with the landlord or landlord’s agent via email or text message.
2. It provides an alternative application methods for prospective tenants:
   • Landlords must provide a non-electronic application process (printable or physical copy) within three (3) to seven (7) days of the tenant’s written request.
   • Landlords may not discriminate in handling the tenant applications; they must be processed equally, regardless of whether they were submitted digitally or on paper.
3. Landlord limitations:
   • Landlords may not require a Tenant Portal as the sole method for verifying identity, signing legal documents, submitting maintenance requests, or communicating safety concerns.
   • Landlords are prohibited from requiring only electronic payments (e.g., credit/debit cards or portals); they must accept checks or other "commercially reasonable" non-electronic methods.
4. Processing Fees:
   • For tenants who choose to pay electronically, Landlords may pass through third-party electronic payment processing fees, provided that
     • The payment processing company allows fees to be passed to the payor;
     • The landlord allows the tenant to pay by nonelectronic means as required under section 3 (1) of this 2026 Act; and
     • Landlords must maintain and provide records of these fees to the tenant within a reasonable time upon written request.
5. Penalties:
   • Landlords who fail to comply may be liable for the greater of actual damages or $100.
   • Landlords may not charge late fees or terminate the tenancy if tenant’s nonpayment resulted from the landlord's refusal to accept a permitted non-electronic payment. 
6. Common Area Access:
   • Requires landlords to provide a non-electronic alternative such as a key, fob, or access code, to any common area limit access to smartphones or specific software.

Oregon House Bill 4123

Purpose of Bill. Adds new tenant protections regarding the handling of their sensitive data. It will become law on June 5, 2026.

Key Provisions.

1. Protects the following “Confidential Information” collected by landlord during the rental application process:

• Date of birth;
• Social Security number, individual taxpayer identification number, or other government-issued identification;
• Phone number;
• Electronic mail address;
• Banking information, tax returns, W-2 statements or sources of income or financial assistance;
• Employer’s name or address or employer-issued identification;
• Immigration or citizenship status or membership in a protected class as defined in ORS 659A.425;
• Records relating to the assertion of rights under ORS 90.325 (3)(b), 90.449, 90.453 or 90.459 or the federal Violence Against Women Act; or
• Medical records or records related to disability.

2. Landlord Prohibitions: Bars landlords from sharing above Confidential Information relating to a tenant, former tenant or applicant, or a member of a tenant’s, former tenant’s, or applicant’s household, except as allowed in Section 3 below.
3. Exceptions: Disclosure is permitted only if:
   • With the separate written consent of the individual;
   • As required by a court order or judicial warrant or subpoena (but not an administrative warrant or subpoena);
   • As necessary to communicate with grantors, auditors, or third-party preparers to ensure compliance with federal, state, or local government affordable housing regulations;
   • As necessary to conduct background or credit checks for screening an applicant for a tenancy;
   • As necessary to share a phone number or electronic email address for repair, maintenance or utilities or services;
   • As necessary to respond to a reference request by a potential landlord; or s necessary for a landlord’s use in an insurance claim, collection matter or administrative or court action; or
   • As necessary for a landlord’s use in an insurance claim, collection matter or administrative or court action.

4. Penalties: Knowing disclosure by landlord results in a penalty of twice the monthly rent of the tenancy (or prospective tenancy). 

Comment: Both of these Bills relate to tenant and tenant-application protections. For that reason, the substance of the above information has been added to MHCO Forms Nos. 01, 01A (Tenant Applications), and No. 01B (Notice of Applicant). Members should make sure that when using those forms, they disclose a Revision Date on or after April 6, 2026.