Hanson & Hanson Joint Revocable Living Tr. v. Sliger

“A landlord may not terminate or fail to renew a tenancy, serve notice to terminate a tenancy, bring or threaten to bring an action for possession. . . . because a tenant is, or has been, a victim of domestic violence, sexual assault, or stalking.” ORS 90.499.

In this FED case, Defendant appeals the eviction judgment. Plaintiff’s son was served a FAPA order. After Plaintiff’s son left the property, Plaintiff brought an action for possession against Defendant. Defendant assigned error to the court for failing to prohibit Plaintiff from bringing a retaliatory action for possession. “A landlord may not terminate or fail to renew a tenancy, serve notice to terminate a tenancy, bring or threaten to bring an action for possession. . . . because a tenant is, or has been, a victim of domestic violence, sexual assault, or stalking.” ORS 90.499. The Court reasoned that Plaintiff acknowledged that the eviction was a result of the FAPA order when Plaintiff stated that her son was forced out “because Defendant filed a false police report and had him cited for domestic abuse.” The Court further reasoned that, as the trial had concluded, the evidence showed that Defendant’s eviction was retaliatory. Eviction based on retaliation for a tenant being a victim of domestic violence is prohibited by law. Thus, the trial court erred in its conclusion that Plaintiff’s eviction complaint was valid under ORS 90.427(5)(c). REVERSED AND REMANDED.