2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.355 - Portable cooling device allowed; exceptions; landlord termination based on violation.

(1) As used in this section:
(a) "Extreme heat event" means a day on which the Housing and Community Services Department determines that a heat event has occurred based on a predicted or indicated excessive heat warning or heat advisory by the National Weather Service of the National Oceanic and Atmospheric Administration.
(b) "Forecast zone" means a region for which the National Weather Service of the National Oceanic and Atmospheric Administration issues forecasts and some watches and warnings based on differences in weather.
(c) "Portable cooling device" includes air conditioners and evaporative coolers, including devices mounted in a window or that are designed to sit on the floor but not including devices whose installation or use requires alteration to the dwelling unit.
(2) A landlord may not prohibit or restrict a tenant from installing or using a portable cooling device of the tenant’s choosing, unless:
(a) The installation or use of the device would:
(A) Violate building codes or state or federal law;
(B) Violate the device manufacture’s written safety guidelines for the device;
(C) Damage the premises or render the premises uninhabitable; or
(D) Require amperage to power the device that cannot be accommodated by the power service to the building, dwelling unit or circuit;
(b) If the device would be installed in a window:
(A) The window is a necessary egress from the dwelling unit;
(B) The device would interfere with the tenant’s ability to lock a window that is accessible from outside;
(C) The device requires the use of brackets or other hardware that would damage or void the warranty of the window or frame, puncture the envelope of the building or otherwise cause significant damages;
(D) The restrictions require that the device be adequately drained to prevent damage to the dwelling unit or building; or
(E) The restrictions require that the device be installed in a manner that prevents risk of falling; or
(c) The restrictions require that the device be:
(A) Installed or removed by the landlord or landlord’s agent;
(B) Subject to inspection or servicing by the landlord or landlord’s agent; or
(C) Removed from October 1 through April 30.
(3) A landlord may not enforce a restriction on portable cooling devices against a tenant allowed under subsection (2) of this section unless the restrictions are in writing and delivered to the tenant. The written restrictions must include whether the landlord intends to operate, whenever there is an extreme heat event for the forecast zone of the premises, one or more community cooling spaces available to the tenant that are located on or near the premises and that maintain a temperature of not higher than 80 degrees Fahrenheit.
(4) A landlord is immune from liability for any claim for damages, injury or death caused by a portable cooling device installed by the tenant.
(5) A landlord who must limit portable cooling devices for a building under subsection (2)(a)(D) of this section shall prioritize allowing the use of devices for individuals who require a device to accommodate a disability. A landlord is not responsible for any interruption in electrical service that is not caused by the landlord, including interruptions caused by an electrical supply’s inability to accommodate use of a portable cooling device.
(6) If a landlord issues a termination notice under ORS 90.392 or 90.630 based on a violation of a restriction regulating a portable cooling device allowed under subsection (2) of this section:
(a) On each day that there is an extreme heat event for the forecast zone of the premises, the notice period described in ORS 90.392 (3), (4), (5) or (6) or 90.630 (1), (3) or (6) does not run.
(b) The termination notice must state:
(A) The deadline of a cure period designated in the notice, if any;
(B) That the date of termination specified in the notice will be extended by one day for each day that there is an extreme heat event for the forecast zone of the premises; and
(C) That information regarding days with an extreme heat event for the forecast zone can be found on the website for the Housing and Community Services Department. [2022 c.86 §2; 2023 c.442 §71]
Note:
Section 6 (1), chapter 86, Oregon Laws 2022, provides:
Sec. 6.
(1) Section 2 of this 2022 Act [90.355] applies to tenancies commenced before, on or after the effective date of this 2022 Act [March 23, 2022]. [2022 c.86 §6(1)]
Note:
90.355 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.