Which Oregon properties are exempt from the rent increase cap?

Short answer

The Oregon statewide rent increase cap under ORS 90.324 generally does not apply to units whose certificate of occupancy is less than 15 years old, or to certain regulated affordable housing. The 90-day written notice rule under ORS 90.323 still applies even when the cap does not.

When this comes up

This question often comes up when a landlord owns a newer building, a regulated affordable housing property, or a property they believe may fall outside the standard cap. Whether an exemption actually applies depends on the property's documented certificate of occupancy date, its regulatory status, and any local overlay.

Oregon rule or source to check

ORS 90.324 contains the cap formula and exemptions. The most commonly cited exemption is for units whose first certificate of occupancy was issued less than 15 years before the date of the notice. Certain regulated affordable housing and other statutory categories may also be exempt. ORS 90.323's 90-day notice requirement still applies to exempt units.

Practical workflow

1. 1. Practical workflow. 1) Pull the certificate of occupancy and confirm the issuance date. 2) Compare that date to the date the rent increase notice will be served. 3) For regulated affordable housing, check the regulatory agreement for any rent-setting restrictions that may apply in place of the statewide cap. 4) Even if exempt, prepare a 90-day written notice that meets ORS 90.323 and a service method allowed under ORS 90.155.
2. 2. Common mistakes. Assuming a renovated older building qualifies as new construction; treating an exemption as ongoing without rechecking each year; skipping the 90-day notice because the cap does not apply; and ignoring a city-level overlay that may add obligations regardless of the statewide exemption.
3. 3. Related forms or workflows. Documentation supporting the exemption (certificate of occupancy, regulatory agreement) should be saved in the property file. A 90-day written rent increase notice is still required even when the cap does not apply.

Common mistakes

Related forms or workflows

Related questions

• How much can rent increase in Oregon?
• What is the Oregon rent increase limit for 2026?
• How does the Oregon 90-day rent increase notice work?

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Related Oregon resources

• Oregon Landlord-Tenant Resource Center
• Oregon rent increase rules
• Oregon Landlord-Tenant Law Hub