Which Oregon rentals are exempt from the rent increase cap?

Short answer

ORS 90.324 exempts certain residential units from the statewide rent cap for the first 15 years after the first certificate of occupancy, along with some affordable-housing units subsidized through specific programs. The exemption does not waive the 90-day notice rule or the first-year prohibition under ORS 90.323.

When this comes up

Newer buildings approaching renewals, recently acquired buildings where the owner is verifying age, and affordable-housing properties confirming program-based exemptions.

Oregon rule or source to check

ORS 90.324 describes the exemptions, including the 15-year new-construction window and certain regulated affordable housing.

Practical workflow

  1. 1. Identify the first certificate of occupancy date. Pull the original CO from the local building department. Renovations or remodels generally do not reset this.
  2. 2. Confirm the 15-year window. Compare the CO date to today's date. If the property is within 15 years of first CO, the cap exemption may apply.
  3. 3. Check affordable-housing status. Confirm whether the unit is subject to a specific subsidy or regulatory agreement that triggers an exemption.
  4. 4. Still meet ORS 90.323 procedure. Even when exempt from the cap, the 90-day written notice and first-year prohibition still apply.
  5. 5. Document the basis. Keep the CO and any program documents in the property file so the exemption can be verified later.

Common mistakes

Assuming a remodel resets the 15-year clock, skipping the 90-day notice because the cap does not apply, and confusing local cap rules (like Portland's relocation rules) with the statewide exemption.

Related forms or workflows

Certificate of occupancy, written exemption memo for the file, and the standard 90-day notice template.

Related questions

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Propsistant provides educational information and workflow guidance. It is not a law firm and does not provide legal advice.

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