Eviction in Oregon's Subsidized Affordable Housing (2023)
Despite Oregon's expanded investments in affordable housing development and eviction prevention, over 5,400 eviction cases were filed in the state’s subsidized housing from January 2019 to December 2023. This report maps out the landscape of subsidized housing eviction in Oregon and brings attention to the high share of eviction judgments in subsidized eviction cases, the disproportionate rate of eviction filings from housing-authority-contracted management companies and nonprofit housing providers, and the great disparities in legal representation between landlords and tenants.
Despite Oregon's expanded investments in affordable housing development and eviction prevention, over 5,400 eviction cases were filed in the state’s subsidized housing from January 2019 to December 2023. This report maps out the landscape of subsidized housing eviction in Oregon and brings attention to the high share of eviction judgments in subsidized eviction cases, the disproportionate rate of eviction filings from housing-authority-contracted management companies and nonprofit housing providers, and the great disparities in legal representation between landlords and tenants.
Key Findings
While eviction filings were less common in subsidized housing, once an eviction case was filed, it was more likely to end in a judgment of eviction for subsidized housing tenants. In 2023, the annual eviction filing rate in subsidized housing was 2.5 per 100 units, compared to an annual eviction filing rate in unsubsidized housing of 4.4 per 100 units. About 39% of eviction filings in subsidized housing ended in a judgment of eviction in 2023, compared to 32% in unsubsidized housing.
Housing-authority-contracted management companies and nonprofit housing providers were responsible for a disproportionate share of eviction filings in subsidized housing. Housing-authority-owned, for-profit-managed subsidized units comprised 12% of the total subsidized rental stock in Oregon but were responsible for 15% of the subsidized eviction cases in 2023. Nonprofit owned and managed subsidized units constituted 18% of the total subsidized rental stock in Oregon but were responsible for 25% of the eviction filings in subsidized housing in 2023.
Nonpayment of rent was the most common cause for evictions in subsidized housing. In 2023, about 73% of the evictions in subsidized housing were filed for nonpayment of rent, compared to 86% in unsubsidized housing. While nonpayment remains the leading cause of eviction, a significant share of evictions in subsidized housing cited reasons other than nonpayment (e.g., drug or alcohol violations, housekeeping issues, threats to community safety). In 2023, about 25% of the evictions in subsidized housing were for causes other than nonpayment, compared to only 9% in unsubsidized housing.
The disparity in legal representation between tenants and landlords was greater for eviction cases in subsidized housing than in unsubsidized housing. In 2023, subsidized housing landlords were more likely to be represented by a lawyer in court (72%) compared to their private market counterparts (41%), while both subsidized and unsubsidized housing tenants had a very low share of legal representation (6%).
Updates from the First Half of 2024
Over 1,200 eviction cases were filed in Oregon's subsidized affordable housing in the first half of 2024. This represents about 10% of all eviction cases filed in the state during this period.
Eviction in subsidized housing is not uncommon when compared to market-rate housing in 2024. In the first half of 2024, the eviction filing rate in subsidized housing was 1.4 per 100 units, compared to an eviction filing rate in unsubsidized housing of 1.8 per 100 units. About 25% of eviction filings in subsidized housing ended in a judgment of eviction in the first half of 2024, compared to 27% in unsubsidized housing.
Nonprofit housing providers were responsible for a disproportionate share of eviction filings in subsidized housing. Nonprofit owned and managed subsidized units constituted 18% of the total subsidized rental stock in Oregon but were responsible for 28% of the eviction filings in subsidized housing in the first half of 2024.
Nonpayment of rent was the most common cause for evictions in subsidized housing. In the first half of 2024, about 82% of the evictions in subsidized housing were filed for nonpayment of rent, compared to 88% in unsubsidized housing. While nonpayment remains the leading cause of eviction, a significant share of evictions in subsidized housing cited reasons other than nonpayment (e.g., drug or alcohol violations, housekeeping issues, threats to community safety). In the first half of 2024, about 17% of the evictions in subsidized housing were for causes other than nonpayment, compared to only 8% in unsubsidized housing.
The disparity in legal representation between tenants and landlords was greater for eviction cases in subsidized housing than in unsubsidized housing. In the first half of 2024, subsidized housing landlords were more likely to be represented by a lawyer in court (73%) compared to their private market counterparts (42%), while both subsidized and unsubsidized housing tenants had a very low share of legal representation (13% and 9%, respectively).
General Information:
Researchers: Yi Wang, Lisa K. Bates, Azad Amir-Ghassemi, Minji Cho, Marisa Zapata, Jacen Greene, Colleen Carroll, Devin MacArthur.
Funding: Portland Housing Bureau, Oregon Housing and Community Services. Unless otherwise specifically stated, the views and opinions expressed in the report are solely those of the authors and do not necessarily reflect the views and opinions of Portland Housing Bureau or Oregon Housing and Community Services.
Citation Details: Wang, Y., Bates, L. K., Amir-Ghassemi, A., Cho, M., Zapata, M., Greene J., Carroll, C., & MacArthur, D. (2024) “Eviction in Oregon's Subsidized Affordable Housing.” https://archives.pdx.edu/ds/psu/42570
Oregon's Safe Harbor for Tenants: Rocky Shoals in Eviction Diversion (2021)
In an effort to mitigate the impacts of the Covid-19 public health emergency, throughout 2020 and into 2021 novel public health emergency programs were initiated, including a variety of federal, state, and local ‘moratoriums’ on residential evictions for nonpayment of rent. As the moratoria began to sunset, additional ‘post-pandemic’ eviction diversion and tenant protection programs were created to buffer the ‘tsunami’ of evictions that were expected. Oregon’s eviction diversion program, the so-called ‘safe harbor period’ for nonpayment eviction cases, was put into place in July 2021 to maintain some protections for tenants after the state moratorium on nonpayment evictions ended. The key provision of Oregon’s ‘safe harbor’ provision is a delay in eviction proceedings for tenants who have provided proof that they have applied for emergency rent assistance through the Oregon Emergency Rent Assistance Program (OERAP). The ‘safe harbor’ lasts for 60 to 90 days, a time period meant to give enough time for funds from OERAP to be disbursed to the landlord for any rent owed, current and arrears, at which point they should return to court to have the case dismissed. If rent assistance has not been approved and paid, the eviction proceedings can resume. This research tracks Oregon eviction cases from July through September, 2021, to assess the implementation of the safe harbor policy.
Even with substantial resources available in the state for compensating landlords, tenants have to be aware, proactive, present, and assertive at all steps in a legal proceeding in which they have the least knowledge and experience of any of the parties. Instead, our analysis of eviction cases from July through September shows several ways that tenants can be run aground on the way to safe harbor. Even for tenants who have navigated the safe harbor process, they are not safe from eviction. While over 44,000 households applied for emergency rent assistance, by the late fall, the pace of disbursement was not adequate to divert an eviction in 60 days. The failure to move OERAP funds quickly to clear tenant arrears compounds the procedural barriers for tenants. The failure to design a policy to accommodate delays in payment is a problem that is especially troubling at a time when there is more emergency financial assistance for tenants than during any normal time.
Post-pandemic moratorium eviction diversion and tenant protection programs are an opportunity for evaluation in many different contexts to assess how policy design and implementation can best support housing stability. Oregon’s eviction diversion program, the so-called ‘safe harbor’ for nonpayment eviction cases, was implemented in July 2021 to maintain some protections for tenants as the moratorium on nonpayment evictions ended. By following eviction cases from notice through adjudication, we can assess this policy and the challenges for preventing evictions and displacement during its early implementation. In the first 90 days of the policy, we find mixed results for tenants and suggest that policy could be better designed by understanding how information, communication, and power affect each stage of eviction proceedings.
This research was supported by the Housing Crisis Research Collaborative, which aims to address the longstanding inequities in access to safe, stable, and affordable rental housing that have been laid bare by the COVID-19 pandemic. It provides policymakers at all levels of government with the data and analysis they need to design, implement, and evaluate more equitable and effective rental housing and community development responses to the pandemic and ongoing rental housing affordability crisis.
For more info: www.housingcrisisresearch.org
Key findings:
27% of tenants with nonpayment eviction cases got the ‘safe harbor’ setover
25% of cases ended in a default judgement against a tenant for failure to appear at one of their court dates.
32.7% of nonpayment cases were dismissed, though it's unclear whether the tenant remained housed even if the case was dismissed
General Information:
Researchers: Lisa K. Bates, Colleen Carroll, Minji Cho, Devin MacArthur.
Partners: Portland Housing Bureau, Oregon Housing and Community Services, Oregon Law Center (OLC), PCC Clear Clinic, Commons Law, Community Alliance of Tenants
Funding: Housing Crisis Research Collaborative, Portland Professorship in Innovative Housing, Homelessness Research & Action Collaborative (HRAC)
Citation: Bates, Lisa K., "Oregon's Safe Harbor for Tenants: Rocky Shoals in Eviction Diversion" (2022). Homelessness Research & Action Collaborative Publications and Presentations. 29. https://archives.pdx.edu/ds/psu/37581