Multnomah County officials are considering amending the county’s eviction moratorium to eliminate the deadline that requires coronavirus-impacted renters to notify their landlords by the first day of the month if they would be unable to pay rent and instead allow it to be done “as soon as reasonably possible.”

The change would mirror the wording in Gov. Kate Brown’s executive order announced last week that temporarily barred landlords statewide from ending residential and commercial rental agreements or evicting tenants who couldn’t pay rent. That order is in effect until the end of June but could be extended.

County Chair Deborah Kafoury said her office is working with county attorneys to amend the local moratorium. It may come before the county board of commissioners for a vote next week.

“We’ve heard from folks in the community that some people couldn’t even get in touch with their landlords or their property managers,” Kafoury said. “So it makes sense for us to make this change to be in concert with the governor’s order.

“As we hear from community members and renters about what’s working and not working, we may very well change additional pieces,” she said.

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Multnomah County and Portland have a joint eviction moratorium, which was first announced March 17. It says tenants have to notify their landlords on or before the day rent is due that they won’t be able to pay due to budget impacts related to the coronavirus outbreak.

The order applies to people whose circumstances include losing their jobs, facing unexpected child care expenses due to school closures or paying health care expenses related to the virus. The county moratorium also requires renters to submit proof to their landlord or property manager such as a letter from an employer, doctor and other sources that cites COVID-19 as an explanation for hardship.

The order calls for rent and other associated fees to accrue until they are paid in full and gives tenants up to six months from the end of state of emergency declarations to pay. Late fees aren’t allowed.

Multnomah County’s State of Emergency is scheduled to end Friday and Portland’s the day before. Both likely will be extended.

According to the county rule, landlords who don’t comply with the order could be sued by the tenant and could be liable to pay the tenant up to three times their monthly rent as well as their legal fees and other damages.

Brown announced a statewide eviction moratorium March 22 that prevents law enforcement officers from acting on any order or notice to evict residential tenants from their homes for not paying rent. The order was to be in effect for 90 days and is currently slated to end in June, but that could be extended.

She issued another order last Wednesday that included a commercial eviction moratorium as well as additional guidelines designed to strengthen protections for residential tenants.

The latest statewide order doesn’t require residential tenants to prove they’re not paying rent because they’re impacted by COVID-19. Commercial tenants have to provide documentation or other evidence “within 30 days of unpaid rent being due,” that they can’t pay due to coronavirus-related impacts.

However, both commercial and residential tenants are required to tell their landlord “as soon as reasonably possible,” that they can’t pay rent and to make partial rent payments “to the extent the tenant is financially able to do so.”

Violating the state order could lead to being charged with a Class C misdemeanor and a conviction could mean up to 30 days in jail, a fine up to $1,250 or both under Oregon law.

Kafoury said she expects there to be “many, many legal challenges” at the end of the public health crisis regarding the eviction moratoriums.

“But I will be reminding the community that we are all in this together and hopefully people will understand how their actions can have negative impacts on others,” she said.

The potential county moratorium change comes as some Portland-area tenants, landlords and property managers remain uncertain when they’ll be able to pay rent or when they’ll receive rental income.

Portland city officials have come out in favor of state and federal authorities implementing a rent and mortgage forgiveness program. At least one statewide group representing landlords and property owners have opposed the demand, instead calling for expanded rent assistance vouchers.

Kafoury said the county is working with Portland, state and federal officials on potential rent assistance aid but the scope of the program is still being worked out and how much money is available through the federal coronavirus relief bill known as the CARES Act, would influence the scale.

Martha Calhoon, a spokesperson for the Portland Housing Bureau, said the agency is working to compile information on how many residents deferred rent in April. She said the bureau is aiming to provide more information next week.

Calhoon also said the bureau plans to release more information to the public about its emergency household stabilization fund, a program designed to give up to $500 to around 2,000 Portland households, by the end of this week.

-- Everton Bailey Jr.

ebailey@oregonian.com | 503-221-8343 |@EvertonBailey

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