Maya Chen
In Oregon, landlords are prohibited from discriminating against tenants based on their marital status. This means that unmarried couples cannot be refused housing or charged additional fees. Federal fair housing law protects renters and buyers from discrimination based on race, sexual orientation, national origin, sex, religion, familial status, or physical or mental disability. Oregon law also protects tenants from discrimination based on their immigration status and source of income. If a landlord in Oregon refuses to rent to an unmarried couple, this may be considered illegal housing discrimination, and the couple may have legal recourse.
| Characteristics | Values |
|---|---|
| Discrimination based on marital status | Illegal |
| Discrimination based on race | Illegal |
| Discrimination based on religion | Illegal |
| Discrimination based on color | Illegal |
| Discrimination based on national origin | Illegal |
| Discrimination based on sex | Illegal |
| Discrimination based on sexual orientation | Illegal |
| Discrimination based on gender identity | Illegal |
| Discrimination based on familial status | Illegal |
| Discrimination based on disability | Illegal |
| Discrimination based on immigration status | Illegal |
| Discrimination based on source of income | Illegal |
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What You'll Learn
Oregon's Fair Housing Act
In Oregon, the Fair Housing Act (FHA) prohibits landlords, leasing agents, property management companies, maintenance staff, insurance companies, and government bodies from discriminating against anyone based on their "protected class status".
The protected classes under the FHA include:
- Race: It is illegal to discriminate against someone based on their physical characteristics associated with race (e.g. skin colour, hair texture, or facial features) or cultural practices or characteristics associated with a particular race.
- National origin: It is illegal to deny housing or treat someone differently based on their birthplace, ancestry, language, and/or customs.
- Religion: It is illegal to discriminate based on religious beliefs or lack thereof.
- Familial status: This includes protection for victims of domestic violence, sexual assault, or stalking. Landlords cannot evict, threaten to evict, fail to renew a rental agreement, increase rent, decrease services, or refuse to rent to someone based on their status as a victim.
- Disability: Landlords must make reasonable modifications to provide equal access to housing for individuals with physical or mental disabilities.
- Sex: Sex became a protected class in 1974, and in 2021, the definition was expanded to include sexual orientation and gender identity.
- Marital status: Landlords cannot treat individuals differently or deny housing based on their marital status.
The FHA applies to all aspects of residential property sale or renting, including advertising, zoning, mortgage lending, appraisals, homeowner's insurance, and more. It ensures that people from all backgrounds can live in any neighbourhood they choose without fear of discrimination or exclusion.
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Protected classes under FHA
In Oregon, the Fair Housing Act (FHA) prohibits landlords from refusing to rent to unmarried couples who live together or imposing additional fees or rents on them. The FHA also prohibits discrimination against protected classes in all residential property sales or renting aspects, including advertising, zoning, mortgage lending, appraisals, and homeowner's insurance.
The protected classes under the FHA include:
- Race: It is illegal to deny housing or set different terms and conditions based on a person's race. This includes making statements indicating racial preferences and evicting tenants based on their race.
- Religion: Landlords cannot refuse to rent to someone due to their religious beliefs.
- National Origin: Discrimination in housing based on a person's national origin is prohibited.
- Color: The FHA prohibits discrimination based on color, which is often considered alongside race.
- Familial Status: It is illegal to discriminate against families with children under the age of 18 in housing transactions.
- Sex/Gender Identity: The FHA protects individuals from discrimination based on sex, including sexual harassment by landlords.
- Disability: Housing providers must make reasonable accommodations and modifications to ensure equal access to housing for individuals with disabilities, including mental and physical impairments.
While these seven classes are federally protected, states and municipalities can identify additional protected classes. For example, Oregon has included marital status and sexual orientation as protected classes under its FHA.
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Marital status discrimination
In Oregon, landlords cannot refuse to rent to unmarried couples. Under Oregon state law, it is illegal to discriminate against a person in housing based on marital status and sexual orientation. The Fair Housing Act, as enacted in Oregon and enforced by the Fair Housing Council of Oregon, prohibits illegal housing discrimination based on certain protected classes.
The protected classes under the FHA and enforced by the Fair Housing Council of Oregon include race, religion, colour, national origin, sex, gender identity, sexual orientation, familial status, and disability. The Act also protects victims of domestic violence. Additionally, Oregon law says that landlords cannot ask about a potential tenant's immigration status and cannot refuse to rent to someone because they receive public assistance.
While the federal Fair Housing Act does not include marital status as a protected class, Oregon has expanded its landlord-tenant law to prevent housing discrimination beyond what is required by federal law. As such, unmarried couples are protected from discrimination in Oregon.
It is important to note that there may be exceptions to these rules in specific situations, such as when a landlord lives in the same single-family home as the renter and they share common areas. In such cases, the landlord may be allowed to choose renters based on sex, sexual orientation, gender identity, or whether the renter has children. However, they are still prohibited from discriminating based on other factors such as race, disability, or religion.
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Legal recourse for unmarried couples
Unmarried couples in Oregon are not entitled to spousal support (alimony) upon separation, unlike married couples. This underscores the importance of proactive financial planning and legal agreements for cohabiting partners. A cohabitation agreement is a legal contract between unmarried partners that outlines each person's rights and responsibilities. This agreement can address property division, financial obligations, and other pertinent matters, providing clarity and protection for both parties.
To ensure fair treatment and protect their rights, unmarried couples should consider formalizing their relationship through legal agreements. A cohabitation agreement, similar to a prenuptial agreement, can outline the rights and responsibilities of each party regarding ownership and management of property. It can also help unmarried couples disentangle themselves and ensure fair treatment if they break up. An effective cohabitation agreement should include property ownership and financial responsibilities.
Unmarried couples can also create a domestic partnership under ORS 106 to facilitate the same rights and responsibilities as a married couple. This is particularly relevant for same-sex couples, offering them legal protections similar to marriage.
In the absence of a written agreement, unmarried couples may have to pursue unpredictable courses of action. For instance, ORS 105.805 may provide recourse if one owner commits waste and injures another owner, while ORS 105.820 may apply in the case of a disagreement over rent or profits.
If unmarried couples find themselves in a dispute over property, finances, or children, they should seek legal counsel to navigate these complexities effectively and protect their interests. Attorneys can provide personalized advice and representation to ensure that their client's rights are upheld during separation.
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State-level protection
In Oregon, landlords are prohibited from discriminating against tenants based on their marital status. Under Oregon state law, it is illegal to discriminate against any person in housing based on their marital status and sexual orientation. The Fair Housing Act in Oregon applies fair housing to all residential property sales or renting aspects, including advertising, zoning, mortgage lending, appraisals, and homeowner's insurance.
Oregon's Fair Housing Act also prohibits housing discrimination based on race, religion, colour, or national origin. Immigration status is also protected under Oregon's Fair Housing Act. Landlords are not allowed to refuse to rent to tenants based on where their rent money comes from, such as receiving Section 8 or disability benefits.
Oregon's Fair Housing Act also protects tenants with disabilities. Landlords are required to make reasonable modifications to ensure equal access to housing for tenants with disabilities. This includes providing assistance animals or other reasonable accommodations.
In addition to the state-level protections outlined above, Oregon has also expanded its landlord-tenant law to prevent housing discrimination beyond what is required by federal law. This includes protections for survivors of domestic violence, as well as protections against discrimination based on gender identity and sexual orientation.
While Oregon's laws specifically protect against discrimination based on marital status, it is important to note that these protections may vary across different states and cities. Some states, like California, Alaska, Massachusetts, Michigan, and New Jersey, have interpreted "marital status" in their housing discrimination statutes to include unmarried couples. Therefore, it is advisable to consult local laws and, if necessary, contact an attorney to discuss specific cases of perceived discrimination.
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Frequently asked questions
No, it is not illegal to refuse to rent to unmarried couples in Oregon. However, Oregon's Fair Housing Act prohibits landlords from discriminating against tenants based on their marital status, among other things. This means that unmarried couples cannot be treated differently from married couples in terms of renting.
The protected characteristics under Oregon's Fair Housing Act include race, colour, national origin, religion, disability, sex, gender identity, familial status, and source of income.
No, as of 2025, Oregon law prohibits landlords from asking about a tenant's immigration status.
If you believe you have experienced housing discrimination in Oregon, you should act quickly. You have one year to file a complaint with a government agency such as BOLI or HUD, and two years to file a lawsuit in court.
