Oregon ORS 90.315 and Portland practice strictly regulate landlord pass-throughs of utilities, common-area charges, and ancillary fees. Charges must be disclosed in the lease, billed by an approved method, and cannot include profit markup.
Under ORS 90.315 and ORS 90.302, Oregon landlords cannot pass through charges to tenants unless the underlying obligation, the calculation method, and any allocation are written into the rental agreement. Acceptable methods include sub-metering, RUBS (ratio utility billing system), or a flat fee tied to actual costs. Landlords may not mark up utilities for profit, may not charge unannounced fees, and must provide copies of master bills on tenant request. Portland Housing Bureau treats improper pass-throughs as forbidden non-rent charges, with deductions or termination notices based on them subject to challenge.
Charging undisclosed utility markups, improper RUBS allocations, or profit-bearing common-area fees subjects landlords to refunds, statutory penalties under ORS 90.315, and dismissal of nonpayment evictions based on those charges.
See how Portland's pass-through charges rules stack up against other locations.
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