When screening rental applications in Portland, Oregon, landlords must adhere to specific guidelines set by HUD and the Portland Housing Bureau to ensure fair and legal practices. (Updated 2026: Oregon’s SB 599 and evolving Portland Housing Bureau rules have added new requirements — key updates are noted throughout this post.) Here are the key points every landlord should know to protect themselves from fines and costly legal disputes:
1. Application and Screening Criteria
- Public Posting: Landlords must publicly post all rental criteria, including screening criteria, rental amount, all applicable added fees (for pets or perks), breakdown of which utilities the tenant will be responsible for, and security deposit amounts, before accepting applications. Applicants should be fully aware of the tenancy terms and the requirements to qualify for the rental home before paying a non-refundable application fee.
- First Come, First Served: Applications must be accepted on a first-come, first-served basis to prevent discrimination. This eliminates the practice of accepting multiple application fees and credit reports from different applicants, ensuring a fair process.
- Screening Fees: Any screening fees must be disclosed upfront and may be collected only if a unit is available. Additionally, there are limits on screening fees to prevent overcharging. Looking for a resource? Local Portland screening company, Pacific Screening, charges Living Room applicants $55 each.
2. Public Advertising
- 72-Hour Notice: Landlords must keep listings open for 72 hours before accepting rental applications when publicly marketing the property. This allows more people to view the property and prevents rushed applications. Yes, posting your listing on a Facebook group or social media counts as “publicly marketing.”
- Accessibility: Listings must note if the unit qualifies as accessible housing, giving priority to applicants with mobility disabilities or other qualifying conditions.
3. Notice of Right to Request a Modification or Accommodation
- Landlords must inform applicants of their right to request modifications or accommodations for disabilities, such as bringing emotional support animals. Nationally, in 2023, the number one fair housing complaint was based on disability discrimination, which has consistently been a leading issue. Many of those complaints swirl around ESAs and accessible housing.
4. Income Criteria
- Income-to-Rent Ratio: Portland landlords may require that an applicant’s income be up to 2 times the rent (2.5 times for households priced at or below 80% of MFI). For applicants using a subsidy, the ratio applies only to the tenant’s portion of the rent.
- Source of Income: Did you know that source of income is a protected class in the City of Portland? That means rent assistance and public benefits must be considered proof of income, and landlords cannot discriminate against tenants who use Section 8 vouchers.
5. Credit, Criminal, and Rental History
- Credit Reports: Criteria for evaluating credit must be disclosed, and disqualifications should be based on the ability to pay rent rather than discriminatory reasons. Credit can be a tricky indicator of a person’s worthiness of tenancy, especially for those who let other accounts slide to prioritize their housing.
- Criminal History: Landlords must set specific criteria for evaluating criminal history and conduct individualized assessments to avoid automatic exclusions. This has been one of the most controversial pieces of the Portland screening rules. Portland has 2 versions of screening criteria available for landlords 1) Low-Barrier and 2) Landlord’s Choice. Here is a link to the Application & Screening Pamphlet distributed by the Portland Housing Bureau for guidance.
- Rental History: Denials based on rental history require detailed explanations to applicants.
- HUD Guidance: Although it is currently allowed, HUD’s Spring 2024 guidance report highly encourages landlords to stay clear of utilizing credit history, eviction history and criminal records in their screening criteria. The report reminds us that these 3 categories historically have an “…unjustified discriminatory effect based on race, national origin, sex, disability, or other protected characteristics.” A phrase commonly used to describe this is disparate impact.
6. Identification
- Acceptable Forms of Identification: Update (2025): Oregon’s SB 599 changed the rules on identification — and it’s worth knowing before you screen your next applicant.
As of 2025, landlords cannot ask about immigration or citizenship status, threaten to report a tenant’s status, or reject an application solely because the applicant lacks a Social Security number. Instead, you’re required to accept alternative forms of ID — think ITINs, foreign passports, or nonimmigrant visas. The practical takeaway: your screening criteria (credit, income, rental history, criminal background) still apply — they just have to be applied consistently to everyone, regardless of national origin or immigration status. Bottom line — if your application currently requires an SSN or asks about citizenship, it’s time to update it.
7. Compliance and Updates
- Distribution: Landlords must give or direct all applicants to a copy of the Portland Housing Bureau’s Statement of Applicant Rights & Responsibilities Notice.
- Must provide the applicants with the opportunity to include supplemental evidence to overcome a denial.
- Fines: Landlords need to stay informed about changes in local ordinances and regulations to ensure ongoing compliance. Failing to follow through with these requirements could cost a Landlord $250/violation plus actual damages and attorney fees.
8. Fair Housing
- Non-Discrimination: Adherence to fair housing laws is critical. Discrimination based on federally protected fair housing classes such as race, color, religion, sex, national origin, familial status, and disability will always apply. Here in Portland, discrimination based on marital status, source of income, sexual orientation, age (18+), domestic violence survivor status, criminal history, rental/eviction history, gender identity, and immigration status is also prohibited.
9. Notice of Denial
- Individual Assessment: Before denying an applicant, landlords must conduct an individual assessment and provide an Adverse Action Notice if the denial is based on information from a consumer report. Per the housing bureau’s Application & Screening Pamphlet, the landlord must consider the nature and severity of the incidents, the number and types of incidents, how much time has passed since the incident occurred and the age of the applicant at the time of the incident. Here at Living Room, we utilize our attorney as a 3rd party to support and guide us in the individual assessment process.
10. Record Keeping
- Documentation: Landlords must keep records of all applications and the screening process for compliance purposes.
By following these guidelines, landlords in Portland can begin to conduct screenings in a way that legally and fairly provides equal opportunity for all potential tenants.
Living Room Property Management specializes in long-term residential rentals: single-family homes, 2-4-unit plexes, privately owned condos, and ADUs. We also support rental property owners with tenant placement services that allow you to hand off this part of the process, stepping back in once the tenant is moved in. If the rules around tenant screening feel overwhelming, it might be time to call in some help. If you are interested in learning more about Living Room’s property management services? Click here to request a rental quote and schedule a time to connect.
*Please note, this is not meant as legal advice. This is Living Room’s interpretation of the laws and rules governing applicant screening. Please consult an attorney when drafting the screening criteria.