(B) The claim is
greater than the security deposit of the tenant, if any; and
(C) The landlord
provides a copy of the claim to the tenant contemporaneous with filing the
claim with the insurer.
(8) A landlord
may not require a tenant to obtain or maintain renter’s liability insurance if
the household income of the tenant is equal to or less than 50 percent of the
area median income, adjusted for family size as measured up to a five-person
family, as determined by the Oregon Housing Stability Council based on
information from the United States Department of Housing and Urban Development.
(9) A landlord
may not require a tenant to obtain or maintain renter’s liability insurance if
the dwelling unit of the tenant has been subsidized with public funds:
(a) Including
federal or state tax credits, federal block grants authorized in the HOME
Investment Partnerships Act under Title II of the Cranston-Gonzalez National
Affordable Housing Act, as amended, or the Community Development Block Grant
program authorized in the Housing and Community Development Act of 1974, as
amended, project-based federal rent subsidy payments under 42 U.S.C. 1437f and
tax-exempt bonds.
(b) Not including
tenant-based federal rent subsidy payments under the Housing Choice Voucher
Program authorized by 42 U.S.C. 1437f or any other local, state or federal
rental housing assistance.
(10) Subsection
(9) of this section does not apply to a dwelling unit that is not subsidized
even if the unit is on premises in which some dwelling units are subsidized.
(11)(a) If a
landlord knowingly violates this section, the tenant may recover the actual
damages of the tenant or $250, whichever is greater.