(E) Related to a
significant project to add, replace, repair or upgrade infrastructure for the
facility;
(F) Approved by a
written affirmative vote of 51 percent of the spaces in the facility that are
occupied by tenants on a vote that contains the signature and identifies the
space of the voter;
(G) Approved by
votes under subparagraph (F) of this paragraph that are collected:
(i) At least 30
days after the landlord has provided in writing to each tenant the proposed
infrastructure project, a documented estimate of the cost of the project, an
estimated timeline for the start and completion date for the project and the
estimate of the rent increase necessary to cover the cost of the improvement;
and
(ii) At least 14
days after the landlord has met with the tenants to discuss the proposal; and
(H) Fully
refunded to tenants by the landlord, without demand, less the maximum allowable
rent increase under ORS 90.324, if the project is not substantially completed
as described in the notice under subparagraph (G)(i) of this paragraph within
12 months of the estimated completion date in the notice.
(4) A landlord
that increases rent in violation of subsection (1)(c) of this section shall be
liable to the tenant in an amount equal to three months’ rent plus actual
damages suffered by the tenant.
(5) This section
does not create a right to increase rent that does not otherwise exist.
(6) This section
does not require a landlord to compromise, justify or reduce a rent increase
that the landlord otherwise is entitled to impose.
(7) Neither ORS
90.510 (1), requiring a landlord to provide a statement of policy, nor ORS
90.510 (4), requiring a landlord to provide a written rental agreement, creates
a basis for tenant challenge of a rent increase, judicially or otherwise.