(8) A tenant who
is removed under subsection (2) of this section may obtain injunctive relief to
recover possession and may recover an amount equal to the greater of actual
damages or three times the tenant’s monthly rent if:
(a) The group
recovery home removed the tenant in bad faith or without substantially
complying with this section; or
(b) If removal is
under subsection (2)(b)(C) of this section, the removal was wrongful because
the tenant did not use or possess alcohol, a marijuana item or illegal drugs.
(9)
Notwithstanding ORS 12.125, a tenant who seeks to obtain injunctive relief to
recover possession under ORS 105.121 must commence the action to seek relief
not more than 90 days after the date specified in the notice for the tenant to
move out.
(10) In any court
action regarding the removal of a tenant under this section, a group recovery
home may present evidence that the tenant used or possessed alcohol, a
marijuana item or illegal drugs within seven days preceding the removal,
whether or not the evidence was described in the notice required by subsection
(3) of this section.
(11) This section
does not prevent a group recovery home from terminating a tenancy as provided
by any other provision of this chapter and evicting a tenant as provided in ORS
105.100 to 105.168. [2007 c.715 §3; 2009 c.595 §59; 2011 c.644 §§11,61,69; 2013
c.180 §§5,6; 2015 c.174 §3; 2017 c.21 §35]
DOMESTIC VIOLENCE,
SEXUAL ASSAULT, BIAS CRIME OR STALKING