LARRC CE Class Handout presented by Matt Sandler, WFG

1. OREGON LAW AND RULE REQUIRED COURSE
LARRC
(2022-2023)
Presented by:
Matt Sandler
VP | Oregon State Counsel
12909 SW 68th Parkway, Suite 350, Portland, OR 97223
Direct: (503) 431-2681 | Cell: (971) 347-4772
MSandler@wfgnationaltitle.com

2. CLASS OUTLINE
1. Part 1: Advertising Refresher
• Advertising (OAR 863-015-0125): "advertising" and "advertisement" includes all forms of meaningful
communication by or on behalf of a real estate broker or principal broker designed to attract the public
to the use of services related to professional real estate activity. This includes, but is not limited to:
.1. (a) Print, including, but not limited to mail, publications, brochures, postcards, business cards,
and stationery;
.2. (b) Signs, including but not limited to lawn signs, displays, and billboards;
.3. (c) Phone, including but not limited to mobile phone, text messaging, cold calling, and outgoing
voicemail messaging;
.4. (d) Broadcast media, including but not limited to radio, television, podcasts, and video; and
.5. (e) Electronic media, including but not limited to multiple listing services, websites, email, social
media, mobile apps, and other online marketing.
• This includes all electronic media or communication such as email, web pages, bulletin boards,
discussion groups, blogs, and all forms of social media like Facebook, LinkedIn, Twitter, and
Instagram.
• Rules to Remember:
.1. The identity used in the ad must be that of the licensee;
.2. The ad must be truthful and never designed to deceive;
.3. If you use your license status, it must be correctly stated;
.4. If you advertise as an expert in some area of practice, do not misstate it; and
.5. You must have the property owner’s written permission to advertise their property.
• Purpose of these rules is so that the real estate broker does not deceive or mislead the public.
• Some Advertising “Dos and Don’ts”
.1. Do get written permission from all property owners before advertising any property.
.2. Do include the licensed name or registered business name of the principal real estate broker or
property manager and make sure it is prominently displayed, immediately noticeable, and
conspicuous.
.3. Do submit all proposed advertising to your principal broker for review and approval before
publicly.
.4. Do keep a record of principal broker approval of your advertisings so they can be made available
to the real estate agency if requested.
.5. Don’t lead the public to believe you have a level of expertise greater than you actually have;
.6. Don’t claim or imply a license status other than the one you actually hold.
.7. Don’t design advertisements or marketing materials to deceive or mislead;
.8. Don’t guarantee future profits.
• Licensee Names Used in Advertising
.1. OAR 863-015-0125(3):
.1.1. Advertising that includes the licensee's name shall use one of the following:
.1.1.1. (a) The licensee's licensed name;
.1.1.2. (b) A common derivative of the licensee's first name and the licensee's licensed last
name; or
.1.1.3. (c) An alternative name registered with the Agency per OAR 863-014-0067 and the
licensee's license number.
.2. OAR 863-014-0067 (Alternative Name Registration):
.2.1. (1) "Alternative name" means a name a licensee is known by that is not the licensee’s
licensed name.

3. .2.2. (2) A registered alternative name shall contain at a minimum one first name and one last
name or surname.
.2.3. (3) A licensee may apply to register an alternative name for the purposes of advertising
under OAR 863-015-0125 by submitting to the Agency:
.2.3.1. (a) An online alternative name registration application available through the Agency’s
website; and
.2.3.2. (b) Documentation showing that the licensee is commonly known by the alternative
name.
.2.4. (4) The Agency may refuse to register an alternative name for a licensee if the alternative
name:
.2.4.1. (a) Is misleading or would constitute false advertising;
.2.4.2. (b) Constitutes an unlawful use of a trade name; or
.2.4.3. (c) Is deceptively similar to a name under which any other individual is lawfully
conducting professional real estate activity.
.2.5. (5) A licensee may only have one active alternative name registered with the Agency at a
time.
• Use of Nicknames
• Advertising in Electronic Media (OAR 863-015-0125(5))
• Internet Marketing Discussion – Tips and Tricks
• Team Advertising (863-015-0125(7))
• Conclusion
2. Part 2: House Bill 3113 – Exemption on Rent Increase Limits on Regulated Affordable
Housing
• Clarifies that a landlord who rents a dwelling unit regulated as affordable housing by a federal, state
or local government is exempt from rent increase limits if the change in rent does not increase tenant’s
portion of the rent, or is required by program eligibility requirements or by a change in tenant’s
income
• Affordable housing constructed using federal and state financing is subject to a regulatory agreement,
which guarantees that the units built will remain affordable for a minimum of 30 years
• Refresher on Senate Bill 608, which passed in 2019
.1. Imposes statewide rent control
.2. Eliminates no cause evictions after the first year of a tenant’s occupancy. However, a landlord
may continue to evict a tenant for tenant-based causes.
.3. Created four new landlord-based reasons to evict a tenant.
.4. Exemptions
.5. Annual rent increases to a tenant are limited to no more than 7%, plus the consumer price index.
No rent increases are permitted in the first year of a month-to-month tenancy, and any permitted
rent increases must be given to the tenant in the form of a 90-day notice of rent increase.
• Conclusion
3. Part 3: Senate Bill 278 – Emergency Legislation Addressing Housing Rent Moratorium
Expiration
• Prohibits residential landlords from delivering a termination notice for nonpayment or from taking
possession based on a termination notice for nonpayment if tenant has provided the landlord with
documentation that the tenant has applied for rental assistance.

4. • This “safe harbor” requires landlords and courts to delay termination of a residential tenancy for
nonpayment of rent for 60 days, provided the tenant has documentation of filing for an application
for rental assistance.
• The protections of this “safe harbor” provision are set to expire on February 28, 2022.
• Also directs Oregon Housing and Community Services (OHCS) to provide grant to third party to
distribute rental assistance to landlords who have delayed termination notices or eviction
proceedings, if landlord demonstrates that tenant’s application for rental assistance was denied, or
60 days have passed since tenant provided documentation of application for rental assistance and
landlord has not received rental assistance.
• Directs OHCS to compensate qualified applicants to Landlord Compensation Fund for 100 percent
of past-due rent accrued during emergency period of April 1, 2020 through June 30, 2021, and directs
OHCS to make distributions to landlords whose applications were approved prior to July 1, 2021
without requiring the landlord to submit additional application.
• OHCS disburses funds to Program providers who deliver tenant readiness education to individuals
whose total annual household income is less than 60 percent of area’s median income based on
household size, who are experiencing housing barriers and instability such as poor credit or criminal
history; and landlords must sign a Program agreement with a participating provider to access
assistance.
• Program funds are currently available on a per-landlord basis, up to $2,000 for unpaid rent and up
to $5,000 in total financial assistance.
• Senate Bill 278 makes financial assistance available on a per-tenant basis, rather than a per-landlord
basis, to allow a maximum of $5,000 per eligible tenant.
• Conclusion
4. Part 4: Senate Bill 291 – Rental Application Screening
• Amends Oregon Residential Landlord Action (LTA) to include tenant screening procedures and
disclosure to rental applicants.
• Requires landlords to conduct individualized assessment of applications before issuing denial that
incorporates supplemental evidence that would lead to denial.
• Sets limit on rental applicant screening charges.
• Requires landlords to provide rejected applicants with written statement of reasons.
• Prohibits landlords from considering previous arrests if applicants entered into a diversion
program or received a deferred judgment.
5. Part 5: HB 2703 – Federal and State Fair Housing
• HB 2703 requires principal real estate brokers, real estate brokers and property managers to
complete a course on state and federal fair housing laws as part of a 30hr continuing education
requirement to renew or reactivate a license on or after July 1, 2022
• HB 2703 declares this as an emergency necessary to preserve the public peace, health, and safety.
• Effective July 1, 2021
• Barriers to Equality (Discussion)
• The Federal Fair Housing Act
(See Supplemental Handout on Fair Housing)

5. 6. Conclusion