The manager said that she could keep the dog if it was “within the weight limits in the rental agreement” and she paid a $14 monthly pet fee. The tenant replied that she was not aware of any weight limit for pets in the rental agreement. The manager responded, “15 lbs. [The landlord] is pretty strict about that. I know she doesn’t allow bigger dogs in the park, service dogs or not, they don’t want that liability of someone getting bit.” Although the tenant’s Husky was just a puppy, it was clearly going to exceed 15 pounds. So the manager denied the request.

The landlord objected, citing the tenant’s failure to serve proper notice of the claim and insisting that the suspicious timing was mere coincidence and that it was evicting the tenant for legitimate and nondiscriminatory reasons—namely, harassing and threatening his neighbors.

Outcome: The Nevada federal court issued the TRO.

Administrative Warrants vs. Judicial Warrants: Best Practices for Oregon Manufactured Home Community Owners and Managers

General educational information only. This article is not legal advice. Always consult your attorney before responding to a specific warrant, inspection demand, or enforcement action.

Oregon Senate Bill 1523 & House Bill 4123 (2026) Summaries

By

Phillip C. Querin, QUERIN LAW, LLC

MHCO Legal Counsel

Oregon Senate Bill 1523

Purpose of Bill. Addresses electronic access to residential tenancies and provides access alternatives for tenant applicants who are unable or unwilling to use digital portals for residential housing services. It will become law on June 5, 2026.

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

This is general legal information, not legal advice. Oregon manufactured home community law is specialized and complex. Both landlords and tenants should consult a licensed Oregon attorney.

The HUD Policy Change (May 22, 2026)

HUD issued new enforcement guidance on May 22, 2026, confining disability-related assistance animals that are exempt from housing providers' pet policies to trained service animals. The guidance removes the presumption that untrained Emotional Support Animals must be accommodated by housing providers, and places all open HUD cases concerning ESAs on hold for individual review under the new standard. 

Signed by FHEO Assistant Secretary Craig Trainor and effective immediately, the memo permanently cancels HUD's prior ESA guidance and instructs agency staff to stop pursuing complaints from tenants whose ESAs have not been individually trained to perform disability-related work or tasks. DREDF

However, it's important to understand what did not change:

• The Fair Housing Act has not been repealed. Emotional support animals have not been made illegal. ESA letters from licensed mental health professionals have not been invalidated. What has shifted is which agency is going to enforce ESA rights, and how aggressively. Certapet
• Courts are not bound by HUD's enforcement posture. State and local fair housing laws are entirely unaffected. DREDF
• Your right to sue in court is explicitly preserved by the memo. You have two years from a discriminatory act to file a lawsuit in federal or state court. DREDF

Oregon's ESA Laws and Regulations

Oregon's ESA protections come from two sources: federal law and Oregon state statutes.

Federal Foundation: The Fair Housing Act (FHA)

Under the FHA, housing facilities must allow service dogs and emotional support animals if the animal is necessary for someone with a disability to have an equal opportunity to use and enjoy the home. The FHA only exempts: owner-occupied buildings with no more than four units; single-family houses sold or rented by the owner without the use of an agent; and housing operated by religious organizations or private clubs that limit occupancy to members. Nolo

Oregon State Law: ORS Chapter 659A

Oregon does not have a standalone state ESA statute. ESA housing protections come from the federal Fair Housing Act and Oregon's general disability discrimination law under ORS 659A. Oregon's "construe broadly" disability mandate (ORS 659A.139) can benefit ESA owners by expanding who qualifies as having a disability. USA Service Dogs

Specifically:

• ORS 659A prohibits housing discrimination based on disability. Landlords cannot treat ESAs as regular pets under the law and may not charge pet fees or deposits for them in most cases. Tenant-rights
• Oregon's fair housing protections under ORS 659A extend to disability discrimination in housing. Landlords must make reasonable accommodations for assistance animals, and the Bureau of Labor and Industries (BOLI) enforces housing discrimination claims. USA Service Dogs
• Under ORS 659A.143, places of public accommodation may not require an individual to provide documentation proving that an animal is an assistance animal, and may not charge pet fees for assistance animals. Oregon Public Law

What Oregon Landlords Must Still Do

Under both the federal FHA and Oregon Revised Statutes Chapter 659A, pet rent, pet fees, and pet deposits must be waived for ESAs. You remain responsible for actual physical damage beyond normal wear and tear. Breed and size restrictions do not apply to ESAs in Oregon when proper documentation is provided. CertaPet

Will Oregon Continue to Enforce ESA Protections?

Yes — through its own independent enforcement mechanism. Housing providers operating in jurisdictions with independent ESA protections must continue to comply with those requirements regardless of HUD's new position.

Oregon's Bureau of Labor & Industries (BOLI) enforces housing discrimination claims at the state level, independently of HUD. BOLI handles complaints of unlawful housing discrimination, and you must bring a complaint within one year of the alleged discriminatory act. McKissockTenant-rights

In other words, a tenant in Oregon who is denied a reasonable accommodation for an ESA can:

1. File a complaint with Oregon BOLI (independent of HUD), at 971-245-3844 or boli_help@boli.oregon.gov
2. File a private lawsuit in state or federal court within 2 years
3. Still file with HUD, though HUD is now less likely to pursue cases involving untrained ESAs

The Practical Bottom Line for Oregon Landlords and Tenants

The HUD change is significant nationally, but Oregon tenants retain meaningful state-level protections through ORS 659A and BOLI enforcement. The biggest practical shift is that HUD itself will no longer be a reliable avenue for ESA complaints involving untrained animals — but Oregon's own civil rights infrastructure remains fully intact and independent. A valid ESA letter from a licensed mental health professional, combined with a properly documented accommodation request, still carries legal weight under Oregon law.

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?

Oregon Manufactured Home Community: Bankruptcy & Eviction

This is a nuanced area where federal bankruptcy law intersects with Oregon landlord-tenant law. Here's an overview — but please consult a licensed Oregon attorney for advice specific to your situation, as this is complex legal territory.

The Automatic Stay (Federal Bankruptcy Protection)

When a tenant files bankruptcy, an automatic stay immediately goes into effect under 11 U.S.C. § 362. This is the most critical factor:

• The stay halts most collection actions, including eviction proceedings for unpaid pre-bankruptcy rent
• It applies the moment the bankruptcy petition is filed
• Violating the stay can expose the landlord to sanctions and damages

However, the automatic stay is not unlimited — and manufactured home community landlords have some distinct rights.