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For purposes of sections 8.400 through 8.440 of this code, the following words and phrases mean:

Agent. A person authorized to act on behalf of another person.

Applicant Screening Charge. Any payment of money required by a landlord of an applicant prior to entering into a rental agreement with that applicant for rental housing, the purpose of which is to pay the cost of processing an application for a rental agreement for rental housing.

Building code. The currently adopted edition of the State of Oregon Structural Specialty Code or Oregon Residential Specialty Code.

Carbon Monoxide Alarm. A device that:

(a) Detects carbon monoxide;

(b) Produces a distinctive audible alert when carbon monoxide is detected;

(c) Conforms to State Fire Marshal rules;

(d) Is listed by Underwriters Laboratories or any other nationally recognized testing laboratory or an equivalent organization; and

(e) Operates as a distinct unit or as two or more single station units wired to operate in conjunction with each other.

Carbon Monoxide Source. A heater, fireplace, appliance or cooking source that uses coal, kerosene, petroleum products, wood or other fuels that emit carbon monoxide as a by-product of combustion, or an attached garage with an opening that communicates directly with a living space.

City Manager. The city manager or the manager’s designee.

Dwelling unit. A building or portion of a building that is used as a home, residence or sleeping place by one or more persons who maintain a household. For purposes of this City Rental Housing Code, where portions of a residential building are occupied under separate rental agreements, but tenants share eating, cooking, and/or sanitation facilities, each portion under a separate rental agreement shall be considered a dwelling unit.

Essential Services. Heat, plumbing, hot and cold running water, gas, electricity, light fixtures, locks for exterior doors, latches for windows and any cooking appliance or refrigerator supplied or required to be supplied by the landlord; and any other service or habitability obligation imposed by the rental agreement or ORS 90.320, the lack or violation of which creates a serious threat to the tenant’s health, safety or property or makes the dwelling unit unfit for occupancy.

Habitable room. Any room used for sleeping, living, cooking or dining purposes, but excluding closets, pantries, bath or toilet rooms, hallways, laundries, storage spaces, utility rooms and similar spaces.

Landlord. The owner, lessor, or sublessor of the rental housing. “Landlord” includes a person who is authorized by the owner, lessor, or sublessor to manage the rental housing or to enter into a rental agreement.

Mechanical code. The current edition of the State of Oregon Mechanical Specialty Code or Oregon Residential Specialty Code.

Rental agreement. All written or oral agreements concerning the use and occupancy of a dwelling unit and premises. “Rental agreement” includes a lease.

Rental housing. A legal dwelling unit which is the subject of a rental agreement.

Security Deposit. A refundable payment or deposit of money, however designated, the primary function of which is to secure the performance of a rental agreement or any part of a rental agreement.

Tenant. A person entitled under a rental agreement to occupy rental housing to the exclusion of others.

Tenant Support Services. Services provided to tenants of rental housing, such as, but not limited to: tenant hotline; eviction diversion; support for ex-offenders and other individuals with similar challenges who are struggling to qualify for rental housing; and support for tenants seeking rental housing that is accessible to and usable by persons with disabilities.

Transient lodging. A room or suite of rooms which is occupied not as a principal residence by persons for periods of less than 30 consecutive days.

(Section 8.415 added by Ordinance No. 20329, enacted November 22, 2004, effective December 30, 2004, to sunset December 31, 2008; sunset date extended to December 31, 2011, by Ordinance No. 20408, enacted May 27, 2008, effective June 30, 2008; sunset date extended to September 30, 2012 by Ordinance No. 20480, enacted November 28, 2011, effective December 30, 2011; sunset date extended to September 30, 2016, by Ordinance No. 20494, enacted June 11, 2012, effective July 14, 2012; sunset date extended to March 1, 2017 by Ordinance No. 20568, enacted September 26, 2016, effective September 30, 2016; amended and sunset date removed by Ordinance 20573, enacted January 25, 2017, effective February 26, 2017; Ordinance No. 20670, enacted July 11, 2022, effective August 13, 2022.)