MHCO Community Updates

MHCO Testifies Against HB 4085 - Prevailing Attorney Fees - Bill Not To Move Forward

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  This morning MHCO testified before the Oregon House Committee on Human Services and Housing against HB 4085.  This proposed legislation changes the awarding of prevailing attorney fees in contested landlord-tenant cases and wieghs it more in the tenants favor.   MHCO is happy to report that HB 4085 will not be moving any further in this 'short' legislative session.  However, it is obvious from testimony offered by proponents of the legislation that this issue is not going away and will be back in the 2019 legislative session.  For now - as the saying goes - 'we live to fight another day'. Background on HB 4085:  Requires court to award attorney fees, costs and necessary disbursements to tenant prevailing in action arising under rental agreement or landlord-tenant law. Authorizes court to award attorney fees, costs and necessary disbursements to landlord prevailing in action arising under rental agreement or landlord-tenant law. Requires court to award attorney fees, costs and necessary disbursements to landlord prevailing in action arising under rental agreement or landlord-tenant law if court determines tenant had no reasonable basis for asserting claim or appealing judgment. Authorizes court to award attorney fees, costs and necessary disbursements to prevailing party in action arising under rental agreement or landlord-tenant law but not between landlord and tenant.