90.440
Termination of tenancy in group recovery home; recovery of possession; damages. (1) As used in this section:
(a) “Group
recovery home” means a place that provides occupants with shared living
facilities and that meets the description of a group home under 42 U.S.C.
300x-25.
(b) “Illegal
drugs” includes controlled substances or prescription drugs:
(A) For which the
tenant does not have a valid prescription; or
(B) That are used
by the tenant in a manner contrary to the prescribed regimen.
(c) “Marijuana
item” has the meaning given that term in ORS 475C.009.
(d) “Peace
officer” means:
(A) A sheriff,
constable, marshal or deputy;
(B) A member of a
state or city police force;
(C) A police
officer commissioned by a university under ORS 352.121 or 353.125; or
(D) An authorized
tribal police officer as defined in ORS 181A.940.
(2)(a)
Notwithstanding ORS 90.375 and 90.435, a group recovery home may terminate a
tenancy and peaceably remove a tenant without complying with ORS 105.100 to
105.168 if the tenant has used or possessed alcohol, a marijuana item or
illegal drugs within the preceding seven days.
(b) For purposes
of this subsection, the following are sufficient proof that a tenant has used
or possessed alcohol, a marijuana item or illegal drugs:
(A) The tenant
fails a test for alcohol, cannabis or illegal drug use;
(B) The tenant
refuses a request made in good faith by the group recovery home that the tenant
take a test for alcohol, cannabis or illegal drug use; or
(C) Any person
has personally observed the tenant using or possessing alcohol, a marijuana
item or illegal drugs.
(3) A group
recovery home that undertakes the removal of a tenant under this section shall
personally deliver to the tenant a written notice that: