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Landlords take action in bid to resume eviction activity

By: Chuck Slothower//December 23, 2020//

Landlords take action in bid to resume eviction activity

Chuck Slothower//December 23, 2020//

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Oregon landlords filed a federal lawsuit late Monday seeking to strike down state and local eviction moratoriums, charging that the restrictions violate their constitutional rights.

The lawsuit was filed in U.S. District Court in Portland in the immediate aftermath of the Legislature’s approval of an extension of the statewide eviction moratorium.

Some landlords have not received rent payments since March, and large landlords have seen their revenues reduced. The latest state bill extends the ban on until June 30, 2021.

John DiLorenzo, a attorney who filed the lawsuit, said state leaders should deliver aid for landlords.

“What we really prefer is the alternative relief, and that is a proposal by the state as to how they’re going to compensate housing providers for serving as social service providers,” he said.

The property owners may be willing to consider dropping the lawsuit if lawmakers can loosen the purse strings for landlords, DiLorenzo said.

“We’ll look at it,” he said. “We’ll look at anything they’re willing to do.”

The lawsuit seeks to prohibit Gov. Kate Brown from enforcing the moratorium, and strike down the eviction ban as unconstitutional. It names Brown, Multnomah County and the city of Portland as defendants.

Brown, in a press conference on Tuesday, said stable housing is crucial during the COVID-19 crisis.

“No one should be turned out of their home or rental during a pandemic,” she said.

Eviction is a core issue for tenants’ rights activists, who have scored a string of political victories in recent years.

“We know the COVID-19 pandemic is only worsened by evictions at this time, and the stories we are hearing from tenants make it clear the financial struggles and harassment they are facing are not going to resolve themselves,” Kim McCarty, executive director of , stated via email. “Right now, eviction is a public-health issue. This is another frivolous lawsuit from special interests that undermines the public good.”

Landlords are feeling more pain now than during the spring, said Greg Frick, a partner at in Portland. He is not a party to the lawsuit.

“It’s getting progressively worse,” he said. “It depends on the project. Some property owners are 25-30 percent in arrears. We have others who are doing better.”

The lawsuit comes from individual landlords and is backed by the industry group .

One plaintiff, Moe Farhoud, owns about 1,200 rental units in Oregon, including in Portland and Multnomah County. His tenants owe more than $1 million in back rent, the lawsuit alleges.

Brown issued the first statewide eviction moratorium on March 22. A June bill extended and streamlined eviction moratoriums statewide after Multnomah County and Portland enacted their own bans.



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