# ORS § 90.303: 90.303 Evaluation of applicant > Oregon · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.303 ## Section - **Citation:** ORS § 90.303 - **Heading:** 90.303 Evaluation of applicant - **Jurisdiction:** Oregon - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** OR Code / Title 10 / Chapter 90 / Section 90.303 ## Text (1) When evaluating an applicant, a landlord may not consider a previous action to recover possession pursuant to ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) if the action: (a) Was dismissed or resulted in a general judgment for the applicant before the applicant submits the application. (b) Resulted in a general judgment against the applicant that was: (A) Entered five or more years before the applicant submits the application; or (B) Entered on claims that arose on or after April 1, 2020, and before March 1, 2022. (2) When evaluating the applicant, a landlord may consider a previous arrest of the applicant only if the arrest resulted in charges for criminal conduct as described in subsection (3) of this section and: (a) The applicant was convicted of the charges; or (b) The charges are pending and the applicant is not presently participating in a diversion, conditional discharge or deferral of judgment program on the charges. (3) When evaluating the applicant, the landlord may consider criminal convictions or pending charges only for conduct that is presently illegal in this state and is: (a) A drug-related crime, but not including convictions based solely on the use or possession of marijuana; (b) A person crime; (c) A sex offense; (d) A crime involving financial fraud, including identity theft and forgery; or (e) Any other crime if the conduct for which the applicant was convicted or charged is of a nature that would adversely affect: (A) Property of the landlord or a tenant; or (B) The health, safety or right to peaceful enjoyment of the premises of residents, the landlord or the landlord’s agent. (4) When evaluating an applicant, a landlord may not consider the possession of a medical marijuana card or status as a medical marijuana patient. (5) When evaluating an applicant, a landlord may not consider an applicant’s unpaid rent, including rent reflected in judgments or referrals of debt to a collection agency, that accrued on or after April 1, 2020, and before March 1, 2022. [2013 c.294 §3; 2019 c.268 §1; 2021 c.39 §8; 2021 c.577 §2] Note: The amendments to 90.303 (Evaluation of applicant) by section 10, chapter 39, Oregon Laws 2021, become operative January 2, 2028. See section 12, chapter 39, Oregon Laws 2021. The text that is operative on and after January 2, 2028, is set forth for the user’s convenience. 90.303 (Evaluation of applicant) . (1) When evaluating an applicant, a landlord may not consider a previous action to recover possession pursuant to ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) if the action: (a) Was dismissed or resulted in a general judgment for the applicant before the applicant submits the application. (b) Resulted in a general judgment against the applicant that was entered five or more years before the applicant submits the application. (2) When evaluating the applicant, a landlord may consider a previous arrest of the applicant only if the arrest resulted in charges for criminal conduct as described in subsection (3) of this section and: (a) The applicant was convicted of the charges; or (b) The charges are pending and the applicant is not presently participating in a diversion, conditional discharge or deferral of judgment program on the charges. (3) When evaluating the applicant, the landlord may consider criminal convictions or pending charges only for conduct that is presently illegal in this state and is: (a) A drug-related crime, but not including convictions based solely on the use or possession of marijuana; (b) A person crime; (c) A sex offense; (d) A crime involving financial fraud, including identity theft and forgery; or s. (3) When evaluating the applicant, the landlord may consider criminal convictions or pending charges only for conduct that is presently illegal in this state and is: (a) A drug-related crime, but not including convictions based solely on the use or possession of marijuana; (b) A person crime; (c) A sex offense; (d) A crime involving financial fraud, including identity theft and forgery; or (e) Any other crime if the conduct for which the applicant was convicted or charged is of a nature that would adversely affect: (A) Property of the landlord or a tenant; or (B) The health, safety or right to peaceful enjoyment of the premises of residents, the landlord or the landlord’s agent. (4) When evaluating an applicant, a landlord may not consider the possession of a medical marijuana card or status as a medical marijuana patient. Source: Section 90.303 — Evaluation of applicant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025). ## Nearby sections - [ORS § 90.100 90.100 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.100.md) - [ORS § 90.105 90.105 Short title](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.105.md) - [ORS § 90.110 90.110 Exclusions from application of this chapter](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.110.md) - [ORS § 90.112 90.112 Maximum occupancy limit](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.112.md) - [ORS § 90.113 90.113 Additional exclusion from application of chapter](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.113.md) - [ORS § 90.115 90.115 Territorial application](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.115.md) - [ORS § 90.120 90.120 Applicability of other statutory lien, tenancy and rent provisions](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.120.md) - [ORS § 90.125 90.125 Administration of remedies](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.125.md) - [ORS § 90.130 90.130 Obligation of good faith](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.130.md) - [ORS § 90.135 90.135 Unconscionability](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.135.md) - [ORS § 90.140 90.140 Types of payments landlord may require or accept](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.140.md) - [ORS § 90.145 90.145 Tenant or applicant who conducts repairs, routine maintenance or cleaning services not employee of landlord](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.145.md) - [ORS § 90.147 90.147 Delivery of possession](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.147.md) - [ORS § 90.148 90.148 Landlord acts that imply acceptance of tenant abandonment or relinquishment of right to occupy](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.148.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.303. Check the current official text before relying on it. Not legal advice.