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No declarant, or agent thereof shall engage in conduct which has the effect of harassing, molesting, intimidating, interfering with, or frustrating a tenant’s enjoyment or exercise of rights granted pursuant to this Chapter and ORS Chapter 100. Specifically, and without limitation, no declarant shall engage in the following conduct which adversely impacts tenant’s exercise of rights:

A. Right to nondisturbance. ORS 100.315 prohibits improvements or rehabilitation of units, except ordinary and necessary repairs, during the 120 day notice period prescribed by ORS 100.305, without the permission of the tenant. This statute provides a tenant occupying a unit with the right to continued quiet use and enjoyment of the premises and to be free from unreasonable interference with that right. Declarant is not prohibited from making improvements to common areas; however, declarant shall not harass, molest, intimidate, interfere with, or frustrating a Tenant’s quiet use and enjoyment of the premises by creating unreasonable noise or unreasonable physical disruption of common areas, including access and parking, during the notice period.

B. Tenant Right to Occupancy. This Chapter and ORS 100.310 provides tenants with a right to purchase the unit they occupy at the time the notice is provided in accordance with ORS 100.305. In addition, this chapter provides for the payment of relocation benefit to tenant after the notice of conversion is provided. Declarant shall not harass, molest, intimidate, interfere with, or frustrate a Tenant’s right to fully consider such offer to purchase by attempting to terminate the tenancy during the offer period, without legal cause, or increasing rent or assessments or by engaging in other actions or conduct which adversely impacts the exercise of tenant’s rights. Notwithstanding this prohibition, a scheduled rent increase in accordance with the provisions of a written rental agreement or an increase in rent no greater than a percentage equal to the percentage increase in the Portland-Salem Consumer Price Index for All Urban Consumers for All Items as reported by the United States Bureau of Labor Statistics shall not be considered a violation of this section. In addition, declarant shall not harass, molest, intimidate, interfere with, or frustrate a Tenant’s right to collect the relocation benefit by engaging in conduct or actions, including but not limited to those identified herein, which attempt to cause the tenant to voluntarily quit the premises or otherwise abandon tenant’s right to relocation benefit. (Ord. 2939, added, 05/01/2007)