application instructions and rental criteria

Instructions to all applicants (Portland and non-Portland):

PLEASE READ THE FOLLOWING 3 ITEMS BEFORE APPLYING. Thanks!


1. There are separate rules and application criteria for properties in Portland city limits vs. every other building. If you are applying for an apartment within Portland city limits, please read the Portland-specific instructions and information below. If the building is not in Portland city limits, please read the following instructions instead. Thanks!


2. IMPORTANT! PLEASE NOTE THAT NO APPLICATION MAY BE CONSIDERED UNTIL EVERY POTENTIAL ADULT TENANT SUBMITS AN APPLICATION. (EACH POTENTIAL ROOMMATE MUST SUBMIT A SEPARATE APPLICATION WITH A SEPARATE EMAIL ADDRESS). 



3. We accept a maximum of 2 animals. We require proof of service animal eligibility, to the extent permitted by law, and accept service animals to the extent provided by law. Pets may be dogs or cats, spayed or neutered, and not dangerous breeds with prior approval and monthly pet rent.

Instructions and Information for Applicants NOT WITHIN PORTLAND CITY LIMITS ONLY (If you are applying to a building within Portland city limits, please see Portland Instructions below instead):

Please be prepared to pay the application fee as outlined in the property listing. In addition to this rental application, you will be asked to provide a copy of a valid form of identification. 


To complete this rental application, you should be prepared to provide your residential history as well as contact information for your rental references. You will also be asked to provide information on your monthly income. You do not need to provide proof of your income, unless you believe it will assist your application.


If the unit is filled before screening, or if the screening was never conducted or ordered before the applicant withdraws the application in writing, the screening charge will be refunded within 30 days; otherwise, or if the provider takes an applicant’s money but fails to conduct a screening or refund the screening charges within 30 days, the applicant has a right to a $250 fine.


Before you fill out this application, if you would like to know if any other applicant has already been approved and is being considered for this apartment, please contact us at capscott.leasing@gmail.com We will be happy to provide this information.


The following Application Agreement must be signed electronically by all adult applicants prior to signing a lease contract. In order to continue with this online application, you'll need to review the Application Agreement carefully and acknowledge that you accept its terms. You should also read and acknowledge the rental criteria below.


Any applicant who now uses illegal drugs will be denied. If a tenant is confirmed to use illegal drugs, eviction will result. This does not include medical marijuana use.


If an applicant's tenancy would be a threat to the health or safety of the property or of others, the applicant will be denied.


An applicant's monthly income should be at least 3 times the rent of the unit. An applicant's income must be verifiable.


Any unpaid collections accounts will result in denial of the application.


Rental history indicating late or unpaid rent will result in denial of the application.


Evictions, not including actions that were dismissed or ruled in favor of the applicant, within the past 3 years will result in denial of the application.


3 or more of the following within a year will result in denial of the application - dishonored checks or 72-hour notices.


12 months of verifiable rental history with a third-party landlord, or proven home ownership is required. Otherwise, an increased security deposit or a cosigner residing within 50 miles of the unit may be required.


A discharged bankruptcy reported in the last 7 years or a currently active bankruptcy will result in denial of the application.

Criminal Conviction Criteria

After you have completed your application, we will conduct a search of public records to determine whether the applicant or any proposed tenant has charges pending for, been convicted of, pled guilt to, or pled no contest to any person crime, drug crime, sex crime, crime of dishonesty such as forgery, fraud, or identity theft, or any other crime which could negatively affect the property or rights of the landlord or any other tenant. We will not consider expunged records. We will follow the law regarding the consideration of criminal offenses in connection with your application.


If applicant, or any proposed occupant, has a Conviction (which means: a conviction or pending charge/s that have not yet been adjudicated) in their past which would disqualify them under these criminal conviction criteria, and desires to submit additional information to Landlord ALONG WITH THE APPLICATION so Landlord can engage in an individualized assessment (described below) upon receipt of the results of the public records search and prior to a denial, applicant should do so. Otherwise, applicant may request the review process after denial as set forth below, however, see item (c) under Criminal Conviction Review Process" below regarding holding the unit. 


A single Conviction for any of the following subject to the results of any review process, shall be grounds for denial of the Rental Application.


a. Felonies involving: murder, manslaughter, arson, rape, kidnapping, child sex crimes, or manufacturing or distribution of a controlled substance.


b. Felonies not listed above, involving drug related crime*, person crime, sex offense, crime involving financial fraud, or any other crime which would adversely affect property of the landlord or tenant or the health, safety or right of peaceful enjoyment of the premises of the tenants, the landlord or the landlord’s agent, where the date of disposition has occurred in the last 12 years. 


c. Misdemeanors involving: drug related crime*, person crime, sex offense, domestic violence, violation of a restraining order, stalking, weapon, criminal impersonation, possession of burglary tools, financial fraud crime, where the date of disposition has occurred in the last 10 years.


d. Misdemeanors not listed above involving: theft, criminal trespass, criminal mischief, property crimes or any other crime if the conduct would adversely affect property of the landlord or tenant or the health, safety or right of peaceful enjoyment of the premises of the tenants, the landlord or the landlord’s agent, where the date of disposition has occurred in the last 5 years.


e. Conviction of any crime that requires lifetime registration as a sex offender or for which applicant is currently registered as a sex offender will result in denial.


*An arrest or conviction based solely on the use or possession of marijuana will not be considered. Similarly, possession of a medical marijuana card or status as a medical marijuana patient will not be considered.

Criminal Conviction Review Process

Landlord will engage in an individualized assessment of the applicant or other proposed occupant's Convictions. If the applicant has satisfied all other criteria (the denial was based solely on one or more Convictions) and:


1. Applicant has submitted supporting documentation prior to the public records search; or

2. Applicant is denied based on failure to satisfy these criminal criteria and has submitted a written request along with supporting documentation. Supporting documentation may include:

    i. Letter from parole or probation office;

   ii. Letter form caseworker, therapist or counselor, etc;

   iii. Certifications from rehab/treatment program;

   iv. Letter from employer, teacher, etc;

   v. Certification of trainings completed;

  vi. Proof of employment; and

   vii. Statement of the applicant.


Landlord will 

a. Consider relevant individualized evidence of mitigating factors, which may include: the facts or circumstances surrounding the criminal conduct; the age of the convicted person at the time of the conduct; time since the criminal conduct; time since released from incarceration or completion of parole; evidence that the individual has maintained a good tenant history before and/or after the conviction or conduct; and evidence of rehabilitation efforts. Landlord may request additional information and may consider whether there have been multiple Convictions as part of this process.


b. Notify applicant of the results of the Landlord's review within a reasonable time after receipt of all required information.


c. Hold the unit for which the application was received for a reasonable time under all the circumstances to complete the review unless prior to receipt of applicants written request (if made after denial) the unit was committed to another applicant.


BY ELECTRONICALLY SIGNING THIS APPLICATION, THE APPLICANT AGREES TO THE FOLLOWING - I understand that giving false information on this Application is grounds for rejection of my application. I understand that if any of the information provided in this Application later is found to be false, this is grounds for termination of my tenancy. I have reviewed and I consent to Capscott's rental criteria.

PORTLAND INSTRUCTIONS - INSTRUCTIONS AND INFORMATION FOR APPLYING TO BUILDINGS WITHIN PORTLAND CITY LIMITS ONLY:

General information for all Portland applicants:

If you would like to apply but would not like your financial information/financial history, income or credit to be considered, please let us know and we will promptly refund your application fee. In that case, BEFORE APPLYING, please carefully read the City of Portland Rental Criteria: Landlord’s Evaluation Process for NON-Financially Responsible applicant below. At least one “financially responsible applicant” must apply per unit. Should you rent an apartment, all Tenants in the Premises will be responsible for all rental obligations pursuant to the Lease.


If you would like your financial information, income and credit history to be considered, BEFORE APPLYING, please carefully read the City of Portland Rental Criteria: Landlord’s Evaluation Process for Financially Responsible Applicant below. 


Application type on www.capscott.com: If you are applying as a non-financially responsible applicant under these rules, please choose “tenant” not “cosigner” as the applicant type in our system. Our system only allows those 2 types and the co-signer application won’t work for you. If you ask us to evaluate you as a “non-financially responsible applicant,” we will do so and will refund your application fee promptly.


Every adult applicant must submit a separate application. Please follow up with us about this at capscott.leasing@gmail.com to confirm receipt.


If you are not approved for an apartment, your application fee will be refunded. If the unit is filled before screening, or if the screening was never conducted or ordered before the applicant withdraws the application in writing, the screening charge will be refunded within 30 days; otherwise, or if the provider takes an applicant’s money but fails to conduct a screening or refund the screening charges within 30 days, the applicant has a right to a $250 fine. Please follow up with us about this at capscott.leasing@gmail.com to confirm receipt.


Before you fill out this application, if you would like to know if any other applicant has already been approved and is being considered for this apartment, or if you would like to know how many applications are in line before yours and when those were received, please contact us at capscott.leasing@gmail.com We will be happy to provide this information.


This dwelling unit does not qualify as a “Type A Unit” (Accessible Unit) per Oregon Structural Building Code and ICC A117.1.


All units subject to availability.


Smoking is allowed 30 feet or more away from all buildings ONLY. Smoking in, or within 30 feet of, any building is a violation of the Lease.


A security deposit equal to one month’s base rent will be charged. Based on screening results and unit size, an additional security deposit equal to 1/2 month’s rent may be charged and/or a co-signer may be required. 


Pets are allowed at this property subject to approval by management.


Landlord has charged a screening charge as set forth above. Landlord may obtain a consumer credit report and/or an Investigative Consumer Report which may include the checking of the applicant’s credit, income, employment, rental history, and criminal court records and may include information as to his/her character, general reputation, personal characteristics, and mode of living. You have the right to request additional disclosures provided under Section 606 (b) of the Fair Credit Reporting Act, and a written summary of your rights pursuant to Section 609(c). You have the right to dispute the accuracy of the information provided to the Landlord by the screening company or the credit reporting agency as well as complete and accurate disclosure of the nature and scope of the investigation. 


SCREENING COMPANY OR CREDIT REPORTING AGENCY 

COMPANY NAME: Experian

PHONE: 866-617-1894

ADDRESS: P.O. Box 4500, Allen, TX 75013

Online at https://www.experian.com/contact/personal-services-contacts.html


If the application is approved, all applicants in the applicant’s approved tenant group will have 24 hours from the time of notification to either, at Landlord’s option, execute a lease and make all deposits required thereunder or make a deposit to hold the unit and execute an agreement to execute a lease which will provide for the forfeiture of the deposit if applicant fails to occupy the unit. If applicant fails to timely take the steps required above, he/she will be deemed to have refused the unit and the next application for the unit will be processed. 


At the end of this document, after the rental criteria for all applicants, please see the Right to Request a Modification or Accommodation Notice Required Under Portland City Code Title 30.01.086.C.3.B and the Statement of Applicant Rights and Responsibilities Notice Required Under Portland City Code Title 30.01.086.C.3.C.

City of Portland Rental Criteria: Landlord’s Evaluation Process for Financially Responsible Applicant

Upon receipt of a completed application, the contents of the application are compared to the screening criteria by Landlord and the Applicant is either approved or denied in compliance with all local, state and federal laws. Applicants are welcome to provide supplemental evidence to mitigate potentially negative screening results. Applicants have 30 days to appeal denied applications, during which time they may correct, refute, or explain negative information forming the basis for the denial. Applicants are also prequalified for any rental opportunities at Landlord’s properties for three months following the approval date. All screening fees are waived for three months following the approved appeal, but Applicants under these circumstances will be required to certify in writing that no conditions have materially changed from those described in Landlord’s approved application. If conditions have materially changed, Landlord may use those changes as the basis for a denial.

OCCUPANCY POLICY

Occupancy is based on the number of bedrooms in a unit. (A bedroom is defined as a habitable room that is intended to be used primarily for sleeping purposes, contains at least 70 square feet and is configured so as to take the need for a fire exit into account.) 


The general rule is two persons are allowed per bedroom. Landlord may adopt a more liberal occupancy standard based on factors such as size and configuration of the unit, size and configuration of the bedrooms, and whether any occupants will be infants.

GENERAL STATEMENTS

1. In the space that asks for a photo ID, the following permissible forms of identification, or combination thereof, will be accepted to verify the name, date of birth and photo of the applicant: 
i) Evidence of Social Security Number (SSN Card) 
ii) Valid Permanent Resident Card 
iii) Immigrant Visa 
iv) Individual Taxpayer Identification Number (ITIN)
v) Non-Immigrant Visa 
vi) Any government-issued identification regardless of expiration date 
vii) Any non-governmental identification or combination of identifications that would permit a reasonable verification of identity 

Each applicant will be required to qualify individually or as per specific criteria areas. 

Inaccurate, incomplete or falsified information will be grounds for denial of the application. 

Any applicant currently using illegal drugs will be denied. If approved for tenancy and later illegal drug use is confirmed, termination shall result. This does not include medical marijuana use.
 
Any individual whose tenancy may constitute a direct threat to the health and safety of any individual, the premises, or the property of others, will be denied tenancy.

INCOME CRITERIA 

Monthly income must be 2 times the monthly stated rent*,or 2.5 times the monthly stated rent if the monthly rent amount is below the maximum monthly rent for a household earning no more than 80 percent of the median household income as published annually by the Portland Housing Bureau. https://www.multifamilynw.org/PHB_Rent_Income_Limits


Income sources shall include, but are not limited to: wages, rent assistance (non-governmental only), and monetary public benefits and are based on the collective financial resources of the financially responsible applicants. Applicants failing to qualify under this section may, at Landlord’s discretion, be required to pay an additional security deposit in the amount of half a month’s rent. 


*If applicant will be using local, state or federal housing assistance as a source of income, “monthly stated rent” as used in this section means the portion of the rent that will be payable by applicant and excludes any portion of the rent that will be paid through the assistance program. 


Twelve months of verifiable employment will be required if used as a source of income. 


Applicants using self-employment income will have their records verified through the state corporation commission, and will be required to submit records to verify their income, which records may include the previous year’s tax returns.

RENTAL HISTORY CRITERIA

Twelve months of verifiable contractual rental history from a current unrelated, third party landlord, or home ownership, is required. 


Less than twelve months verifiable rental history will require a security deposit not to exceed one and a half month’s rent and/or qualified co-signer. 


Three or more notices for nonpayment of rent within one year will result in denial of the application. 


Three or more dishonored checks within one year will result in denial of the application. 


Rental history reflecting any past due and unpaid balances to a landlord will result in denial of the application. 


Rental history including three or more noise disturbances or any other material non-compliance with the lease or rules within the past two years will result in denial. 

EVICTION HISTORY CRITERIA

Five years of eviction-free history is required. Eviction actions that were dismissed or resulted in a judgment for the applicant will not be considered.

CREDIT CRITERIA

Negative or adverse debt showing on consumer credit report will require a security deposit not to exceed one and a half month’s rent and/or qualified co-signers. 


One or more unpaid collections (not related to medical or education loan expenses) will result in denial of the application.


A discharged bankruptcy reported in the last 7 years or a currently active bankruptcy will result in denial of the application.

RENT WELL GRADUATES

If applicant fails to meet any criteria related to credit, evictions and/or rental history, and applicant has received a certificate indicating satisfactory completion of a tenant training program such as “Rent Well,” Landlord will consider whether the course content, instructor comments and any other information supplied by applicant is sufficient to demonstrate that applicant will successfully live in the complex in compliance with the Lease. Based on this information, Landlord may waive strict compliance with the credit, eviction and/or rental history screening criteria for this applicant.

CRIMINAL CONVICTION CRITERIA

Upon receipt of the Rental Application and screening fee, Landlord will conduct a search of public records to determine whether applicant or any proposed tenant or occupant has a “Conviction” (which means: a conviction or pending charge/s that have not yet been adjudicated), for any of the following crimes as provided in ORS 90.303(3): drug-related crime; person crime; sex offense; crime involving financial fraud, including identity theft and forgery; or any other crime if the conduct for which applicant was convicted or is charged is of a nature that would adversely affect property of the landlord or a tenant or the health, safety or right of peaceful enjoyment of the premises of tenants, the landlord or the landlord’s agent. Landlord will not consider a previous arrest that did not result in a Conviction, was dismissed, expunged, voided or invalidated, determined or adjudicated through the juvenile justice system. Landlord will also not consider convictions when Applicant is participating or has completed a diversion or deferral of judgment program or for crimes that are no longer illegal in the State of Oregon. If applicant, or any proposed occupant, has a Conviction in their past which would disqualify them under these criminal conviction criteria, and desires to submit additional information to Landlord along with the application so Landlord can engage in an individualized assessment (described below) upon receipt of the results of the public records search and prior to a denial, applicant should do so. Otherwise, applicant may request the review process after denial as set forth below, however, see item (c) under “Criminal Conviction Review Process” below regarding holding the unit. 


A single Conviction for any of the following, subject to the results of any review process, shall be grounds for denial of the Rental Application.


a) Felonies involving: murder, manslaughter, arson, rape, kidnapping, child sex crimes, or manufacturing or distribution of a controlled substance. 

b) Felonies not listed above involving: drug-related crime; person crime; sex offense; crime involving financial fraud, including identity theft and forgery; or any other crime if the conduct for which applicant was convicted or is charged is of a nature that would adversely affect property of the landlord or a tenant or the health, safety or right of peaceful enjoyment of the premises of the tenants, the landlord or the landlord’s agent, where the date of disposition has occurred in the last 7 years. 

c) Misdemeanors involving: drug related crimes, person crimes, sex offenses, domestic violence, violation of a restraining order, stalking, weapons, criminal impersonation, possession of burglary tools, financial fraud crimes, where the date of disposition has occurred in the last 5 years. 

d) Misdemeanors not listed above involving: theft, criminal trespass, criminal mischief, property crimes or any other crime if the conduct for which applicant was convicted or is charged is of a nature that would adversely affect property of the landlord or a tenant or the health, safety or right of peaceful enjoyment of the premises of the tenants, the landlord or the landlord’s agent, where the date of disposition has occurred in the last 3 years. 

e) Conviction of any crime that requires lifetime registration as a sex offender, or for which applicant is currently registered as a sex offender, will result in denial.

Criminal Conviction Review Process

Landlord will engage in an individualized assessment of the applicant’s, or other proposed occupant’s, Convictions if applicant has satisfied all other criteria (the denial was based solely on one or more Convictions) and: 

(1) Applicant has submitted supporting documentation prior to the public records search; or 
(2) Applicant is denied based on failure to satisfy these criminal criteria and has submitted a written request along with supporting documentation. Supporting documentation may include: 
i) Letter from parole or probation office; 
ii) Letter from caseworker, therapist, counselor, etc.; 
iii) Certifications of treatments/rehab programs; 
iv) Letter from employer, teacher, etc. 
v) Certification of trainings completed; 
vi) Proof of employment; and 
vii) Statement of the applicant. 

Landlord Will

(a) Consider relevant individualized evidence of mitigating factors, which may include: the facts or circumstances surrounding the criminal conduct; the age of the convicted person at the time of the conduct; time since the criminal conduct; time since release from incarceration or completion of parole; evidence that the individual has maintained a good tenant history before and/or after the conviction or conduct; and evidence of rehabilitation efforts. Landlord may request additional information and may consider whether there have been multiple Convictions as part of this process.


(b) Notify applicant of the results of Landlord’s review within a reasonable time after receipt of all required information. 


(c) Hold the unit for which the application was received for a reasonable time under all the circumstances to complete the review unless prior to receipt of applicant’s written request (if made after denial) the unit was committed to another applicant.

City of Portland Rental Criteria: Landlord’s Evaluation Process for NON-Financially Responsible Applicant

Application type on www.capscott.com: If you are applying as a non-financially responsible applicant under these rules, please choose “tenant” not “cosigner” as the applicant type in our system. Our system only allows those 2 types and the co-signer application won’t work for you. If you ask us to evaluate you as a “non-financially responsible applicant,” we will do so and will promptly refund your application fee. 


As a non-financially responsible applicant, you need not provide any income information and your income will not be considered, along with other financial factors as provided by law.


Upon receipt of a completed application, the contents of the application are compared to the screening criteria by Landlord and the individual is either approved or denied in compliance with all local, state and federal laws. Individuals are welcome to provide supplemental evidence to mitigate potentially negative screening results. 


Individuals have 30 days to appeal denied applications, during which time they may correct, refute, or explain negative information forming the basis for the denial. Individuals are also prequalified for any rental opportunities at Landlord’s properties for three months following the approval date. All screening fees are waived for three months following the approved appeal, but Individuals under these circumstances will be required to certify in writing that no conditions have materially changed from those described in Landlord’s approved application. If conditions have materially changed, Landlord may use those changes as the basis for a denial.

OCCUPANCY POLICY

Occupancy is based on the number of bedrooms in a unit.(A bedroom is defined as a habitable room that is intended to be used primarily for sleeping purposes, contains at least 70 square feet and is configured so as to take the need for a fire exit into account.)


The general rule is two persons are allowed per bedroom. Landlord may adopt a more liberal occupancy standard based on factors such as size and configuration of the unit, size and configuration of the bedrooms, and whether any occupants will be infants.

GENERAL STATEMENTS

Any of the following items, or combination thereof, will be accepted to verify the name, date of birth and photo of the individual:

i) Evidence of Social Security Number (SSN Card) 
ii) Valid Permanent Resident Card 
iii) Immigrant Visa 
iv) Individual Taxpayer Identification Number (ITIN) 
v) Non-Immigrant Visa 
vi) Any government-issued identification regardless of expiration date 
vii) Any non-governmental identification or combination of identifications that would permit a reasonable verification of identity 

Each individual will be required to qualify individually or as per specific criteria areas. 

Inaccurate, incomplete or falsified information will be grounds for denial of the application. 

Any individual currently using illegal drugs will be denied. If approved for tenancy and later illegal drug use is confirmed, termination shall result. This does not include medical marijuana use.

Any individual whose tenancy may constitute a direct threat to the health and safety of any individual, the premises, or the property of others, will be denied tenancy.

RENTAL HISTORY CRITERIA

Twelve months of verifiable contractual rental history from a current unrelated, third party landlord, or home ownership, is required. 


Less than twelve months verifiable rental history will require a security deposit not to exceed one and a half month’s rent and/or qualified co-signer. 


Rental history including three or more noise disturbances or any other material non-compliance with the lease or rules within the past two years will result in denial.

EVICTION HISTORY CRITERIA

Five years of eviction-free history is required. Eviction actions that were dismissed or resulted in a judgment for the individual will not be considered.

RENT WELL GRADUATES

If the individual fails to meet any criteria related to credit, evictions and/or rental history, and the individual has received a certificate indicating satisfactory completion of a tenant training program such as “Rent Well,” Landlord will consider whether the course content, instructor comments and any other information supplied by the individual is sufficient to demonstrate that the individual will successfully live in the complex in compliance with the Lease. Based on this information, Landlord may waive strict compliance with the credit, eviction and/or rental history screening criteria for this individual.

CRIMINAL CONVICTION CRITERIA

Upon receipt of the Rental Application and screening fee, Landlord will conduct a search of public records to determine whether the individual or any proposed tenant or occupant has a “Conviction” (which means: a conviction or pending charge/s that have not yet been adjudicated), for any of the following crimes as provided in ORS 90.303(3): drug-related crime; person crime; sex offense; crime involving financial fraud, including identity theft and forgery; or any other crime if the conduct for which the individual was convicted or is charged is of a nature that would adversely affect property of the landlord or a tenant or the health, safety or right of peaceful enjoyment of the premises of tenants, the landlord or the landlord’s agent. Landlord will not consider a previous arrest that did not result in a Conviction, was dismissed, expunged, voided or invalidated, determined or adjudicated through the juvenile justice system. Landlord will also not consider convictions when the individual is participating or has completed a diversion or deferral of judgment program or for crimes that are no longer illegal in the State of Oregon. 


If the individual, or any proposed occupant, has a Conviction in their past which would disqualify them under these criminal conviction criteria, and desires to submit additional information to Landlord along with the application so Landlord can engage in an individualized assessment (described below) upon receipt of the results of the public records search and prior to a denial, the individual should do so. Otherwise, the individual may request the review process after denial as set forth below, however, see item (c) under “Criminal Conviction Review Process” below regarding holding the unit. 


A single Conviction for any of the following, subject to the results of any review process, shall be grounds for denial of the Rental Application. 


a) Felonies involving: murder, manslaughter, arson, rape, kidnapping, child sex crimes, or manufacturing or distribution of a controlled substance. 

b) Felonies not listed above involving: drug-related crime; person crime; sex offense; crime involving financial fraud, including identity theft and forgery; or any other crime if the conduct for which the individual was convicted or is charged is of a nature that would adversely affect property of the landlord or a tenant or the health, safety or right of peaceful enjoyment of the premises of the tenants, the landlord or the landlord’s agent, where the date of disposition has occurred in the last 7 years. 

c) Misdemeanors involving: drug related crimes, person crimes, sex offenses, domestic violence, violation of a restraining order, stalking, weapons, criminal impersonation, possession of burglary tools, financial fraud crimes, where the date of disposition has occurred in the last 5 years. 

d) Misdemeanors not listed above involving: theft, criminal trespass, criminal mischief, property crimes or any other crime if the conduct for which the individual was convicted or is charged is of a nature that would adversely affect property of the landlord or a tenant or the health, safety or right of peaceful enjoyment of the premises of the tenants, the landlord or the landlord’s agent, where the date of disposition has occurred in the last 3 years. 

e) Conviction of any crime that requires lifetime registration as a sex offender, or for which the individual is currently registered as a sex offender, will result in denial.

Criminal Conviction Review Process

Landlord will engage in an individualized assessment of the individual’s, or other proposed occupant’s, Convictions if the individual has satisfied all other criteria (the denial was based solely on one or more Convictions) and: 
(1) the individual has submitted supporting documentation prior to the public records search; or 
(2) the individual is denied based on failure to satisfy these criminal criteria and has submitted a written request along with supporting documentation. Supporting documentation may include: 
i) Letter from parole or probation office; 
ii) Letter from caseworker, therapist, counselor, etc.;
iii) Certifications of treatments/rehab programs; 
iv) Letter from employer, teacher, etc. 
v) Certification of trainings completed; 
vi) Proof of employment; and 
vii) Statement of the the individual.

Landlord will

(a) Consider relevant individualized evidence of mitigating factors, which may include: the facts or circumstances surrounding the criminal conduct; the age of the convicted person at the time of the conduct; time since the criminal conduct; time since release from incarceration or completion of parole; evidence that the individual has maintained a good tenant history before and/or after the conviction or conduct; and evidence of rehabilitation efforts. Landlord may request additional information and may consider whether there have been multiple Convictions as part of this process. 


(b) Notify the individual of the results of Landlord’s review within a reasonable time after receipt of all required information. 


(c) Hold the unit for which the application was received for a reasonable time under all the circumstances to complete the review unless prior to receipt of the individual’s written request (if made after denial) the unit was committed to another individual.

FOR ALL PORTLAND APPLICANTS

Right to Request a Modification or Accommodation Notice Required Under Portland City Code Title 30.01.086.C.3.B

Within the City of Portland, a landlord is required to include this notice with application forms for the rental of a dwelling unit. 

State and federal laws, including the Fair Housing Act, make it illegal for housing providers to refuse to make reasonable accommodations and reasonable modifications for individuals with disabilities. All persons with a disability have a right to request and be provided a reasonable accommodation or modification at any time, from application through to termination/eviction.

Some examples of reasonable accommodations include:
  • Assigning an accessible parking space 
  • Transferring a tenant to a ground-floor unit 
  • Changing the rent payment schedule to accommodate when an individual receives public benefits 
  • Allowing an applicant to submit a housing application via a different means 
  • Allowing an assistance animal in a "no pets" building. More information about assistance animals is available here: https://www.hud.gov/program_offices/fair_housing_equal_opp/assistance_animals.
Some examples of reasonable modification include: 
  • Adding a grab bar to a tenant's bathroom 
  • Installing visual smoke alarm systems 
  • Installing a ramp to the front door 
Under fair housing laws, a person with a disability is someone: 

 

  • With a physical or mental impairment that substantially limits one or more major life activities of the individual; 
  • With a record of having a physical or mental impairment that substantially limits one or more major life activities of the individual; or 
  • Who is regarded as having a physical or mental impairment that substantially limits one or more major life activities. 
  • Major life activities include, but are not limited to seeing, walking, reaching, lifting, hearing, speaking, interacting with others, concentrating, learning, and caring for oneself.

 

Reasonable Accommodations 

A reasonable accommodation is a change or exception to a rule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling. This includes public use and common spaces or fulfilling their program obligations. Any change in the way things are customarily done that allows a person with a disability to enjoy housing opportunities or to meet program requirements is a reasonable accommodation. 


All housing or programs are required to make reasonable accommodations. Housing providers may not require persons with disabilities to pay extra fees or deposits or any other special requirements as a condition of receiving a reasonable accommodation.

Reasonable Modifications

A reasonable modification is a structural change made to the premises in order to afford an individual with a disability full enjoyment of the premises. Reasonable modifications can include structural changes to interiors and exteriors of dwellings and to public use and common areas. 


Under federal law, public housing agencies, other federally assisted housing providers, and state or local government entities are required to provide and pay for structural modifications as reasonable accommodations/modifications. For private housing, the person requesting the reasonable modification will need to cover the costs of the modification.

Verification of Disability

In response to an accommodation or modification request and only when it is necessary to verify that a person has a disability that is not known or apparent to the housing provider, they, can ask an applicant/tenant to provide documentation from a qualified third party (professional), that the applicant or tenant has a disability that results in one or more functional limitation. If the disability-related need for the requested accommodation or modification is not known or obvious, the housing provider can request documentation stating that the requested accommodation or modification is necessary because of the disability, and that it will allow the applicant/tenant access to the unit and any amenities or services included with the rental equally to other tenants. 


A housing provider cannot inquire into the nature or extent of a known or apparent disability or require that an applicant or tenant release his or her medical records. Housing providers can require that the verification come from a qualified professional, but they cannot require that it be a medical doctor. 


Nondiscrimination laws cover applicants and tenants with disabilities, as well as applicants and tenants and without disabilities who live or are associated with individuals with disabilities. These laws also prohibit housing providers from refusing to rent to persons with disabilities, making discriminatory statements, and treating persons with disabilities less favorably than other tenants because of their disability.

Under fair housing laws, it is illegal for a housing provider to deny reasonable accommodations and reasonable modifications to individuals with disabilities. If wrongfully denied an accommodation or modification contact HUD or the Fair Housing Council of Oregon. Time limits apply to asserting any legal claims for discrimination.

Call HUD toll-free at 1-800-669-9777 or TTY 1-800-927-9275 or visit https://www.hud.gov/program_offices/fair_housing_equal_opp/complaint-process 

HUD will investigate at no cost to the complainant. 


For more information about reasonable accommodations and modifications visit www.hud.gov/program_offices/fair_housing_equal_opp/reasonable_accommodations_and_modifications 


Call the Fair Housing Council of Oregon at (503) 223-8197 ext. 2 or http://fhco.org/index.php/report-discrimination


If you believe you have been harassed or discriminated against because of your race, color, national origin, religion, gender, familial status, disability, marital status, source of income, sexual orientation including gender identity, domestic violence, type of occupation, or age over 18 seek legal guidance regarding your rights under Fair Housing law. 


For translation or interpretation, please call 503-823-1303 TTY at 503-823-6868 or Oregon Relay Service at 711 

503-823-1303: Traducción e interpretación | Chuyển Ngữ hoặc Phiên Dịch | 翻译或传译 Письменныйили устный перевод | 翻訳または通訳 | Traducere sau Interpretare | 번역 및 통역 | Письмовий або усний переклад | Turjumida ama Fasiraadda ການແປພາສາ ຫຼື ການອະທິ ບາຍ | ال رتجمة التحريرية والشفوية 


This requirement is in addition to any other rights and responsibilities set forth in the Oregon Residential Landlord and Tenant Act under Oregon Revised Statute Chapter 90, and Portland Landlord-Tenant Law under Portland City Code Title 30. 


The information in this form is for educational purposes only. You should review appropriate state statute, city code, and administrative rule as necessary. If you need legal guidance, or are considering taking legal action, you should contact an attorney.

Statement of Applicant Rights and Responsibilities Notice Required Under Portland City Code Title 30.01.086.C.3.C

Within the City of Portland, a landlord is required to include this notice with application forms for the rental of a dwelling unit.
City of Portland Applicant Rights

The City of Portland has adopted local requirements that provide additional rights and responsibilities for landlords and applicants for rental housing, beyond state law requirements, during the rental unit advertising and application process. 


Applicants are strongly encouraged to submit supplemental information to offset any reasons that could lead to denial. In the event of denial, applicants have the right to appeal the decision within 30 days.


Applicants are strongly encouraged to review their rights before submitting an application. 


City requirements address the following landlord tenant topics: advertising and application process screening, security deposits, depreciation schedules, rental history, notice rights, and rights for relocation assistance. 


The City of Portland city code, rules, required notices and forms are listed below, and are available at: [portland.gov/rso] or by contacting the Rental Services Office at (503) 823-1303 or rentalservices@portlandoregon.gov.

Residential Rental Unit Registration
  • Portland City Code 7.02.890 Application and Screening Requirements 
  • Portland City Code 30.01.086
  • Rental Housing Application and Screening Administrative Rule
  • Statement of Applicant Rights and Responsibilities Notice 
  • Right to Request a Modification or Accommodation Notice
  • Rental Housing Application and Screening Minimum Income Requirement Table 
Security Deposit Requirements
  • Portland City Code 30.01.087
  • Rental Housing Security Deposits Administrative Rule
  • Rental History Form
  • Notice of Rights under Portland’s Security Deposit Ordinance 
Mandatory Renter Relocation Assistance

 

  • Portland City Code 30.01.085
  • Mandatory Relocation Assistance Exemption Eligibility and Approval Process Administrative Rule
  • Tenant Notice of Rights and Responsibilities Associated with Portland Mandatory Relocation Assistance
  • Relocation Exemption Application Acknowledgement Letter (If applicable)

 

If you believe you have been harassed or discriminated against because of your race, color, national origin, religion, gender, familial status, disability, marital status, source of income, sexual orientation including gender identity, domestic violence, type of occupation, or age over 18 seek legal guidance regarding your rights under Fair Housing law. 


For translation or interpretation, please call 503-823-1303 TTY at 503-823-6868 or Oregon Relay Service at 711 

503-823-1303: Traducción e interpretación | Chuyển Ngữ hoặc Phiên Dịch | 翻译或传译 Письменныйили устный перевод | 翻訳または通訳 | Traducere sau Interpretare | 번역 및 통역 | Письмовий або усний переклад | Turjumida ama Fasiraadda ການແປພາສາ ຫຼື ການອະທິ ບາຍ | ال رتجمة التحريرية والشفوية 


This requirement is in addition to any other rights and responsibilities set forth in the Oregon Residential Landlord and Tenant Act under Oregon Revised Statute Chapter 90, and Portland Landlord-Tenant Law under Portland City Code Title 30. 


The information in this form is for educational purposes only. You should review appropriate state statute, city code, and administrative rule as necessary. If you need legal guidance, or are considering taking legal action, you should contact an attorney.

Share by: