Oregon law targets unlawful occupants with new criminal trespass regulations

The Oregon State Legislature introduced House Bill 2440 on January 17, 2025, aiming to streamline the process for property owners to remove unlawful occupants from their properties. The bill seeks to address ongoing issues related to unlawful occupancy, which have become a significant concern for landlords and property owners across the state.

Key provisions of HB 2440 include the establishment of a formal declaration process that property owners must follow to initiate the removal of unlawful occupants. Upon receiving a declaration, law enforcement agencies are required to conduct fact-finding inquiries, which may involve reviewing lease agreements and speaking with neighbors. If probable cause is established, law enforcement can issue a notice to vacate and assist property owners in regaining possession of their property.

The bill also includes protections for individuals wrongfully removed from properties based on inaccurate declarations. Such individuals would have the right to seek damages and restoration of possession, thereby introducing a layer of accountability for property owners.

Debate surrounding HB 2440 has highlighted concerns about potential misuse of the declaration process, with critics arguing that it could lead to wrongful evictions. Supporters, however, contend that the bill provides necessary tools for property owners to manage their properties effectively and address unlawful occupancy issues.

Economically, the bill could have significant implications for the rental market in Oregon, potentially encouraging investment in rental properties by providing clearer legal pathways for eviction. Socially, it raises questions about the balance between property rights and the rights of individuals facing eviction, particularly in a state grappling with housing affordability and homelessness.

As the bill progresses through the legislative process, its future remains uncertain. Stakeholders from various sectors are closely monitoring developments, as the outcome could reshape landlord-tenant dynamics in Oregon.