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Eugene’s $10 tenant screening fee cap stands after high court decline; state bill could preempt local rule
Summary
The Oregon Supreme Court declined review of the appeals decision upholding Eugene’s $10 cap on applicant screening charges, making the city’s cap effective; a pending state bill would prohibit all applicant screening fees if enacted.
The City of Eugene’s $10 cap on applicant screening charges became effective after the Oregon Supreme Court declined review, the city’s assistant attorney said at the March 4 Intergovernmental Relations Committee meeting.
Lauren Summers, assistant city attorney, told the committee the Supreme Court’s denial of review means the Oregon Court of Appeals decision that upheld Eugene’s authority to cap applicant screening fees now stands. "So, Eugene's code provisions are effective," Summers said, and city staff have begun communications to landlords to notify them the $10 cap will be enforced.
Summers and other staff cautioned that a separate state bill, House Bill 2967, would prohibit all applicant screening charges if it becomes law. Summers said that if the state bill passes, the city’s $10 cap would be preempted and replaced by a statewide prohibition.
Committee members noted the local legal update and that the city is monitoring state action; no final position on HB 2967 was taken at the meeting beyond monitoring.
