How HB 4123 Reshapes What Personal Information Portland Landlords Can Disclose About Tenants

It’s a no-brainer that, as a Portland landlord, you’re not going to go around sharing your tenant’s Social Security number. In fact, you might think that there’s no situation where you would give out your tenant’s personal information of any kind. But what do you do if a former landlord is calling you to ask about an applicant who left personal property in their rental, or a contractor who needs to get in contact with a tenant in order to complete a repair? Giving out a tenant’s phone number or email might seem harmless. But as of January 2026, your margin for error in handling personal tenant information just got a lot tighter.

Specifically, HB 4123 added new tenant privacy protections to Oregon’s Residential Landlord and Tenant Act, creating rules about what personal information landlords can disclose and when they may do so. The law also imposes a serious financial penalty on landlords who knowingly violate the requirements. A tenant may recover statutory damages equal to twice the monthly rent, along with attorney fees in many situations. On a Portland rental that rents for $2,000 per month, that could mean a $4,000 claim tied to a single improper disclosure.

For DIY landlords, understanding these requirements is now just as important as understanding security deposits, screening rules, or rent increase notices.

What Personal Information Is Now Protected?

HB 4123 created a detailed definition of “confidential information” under ORS Chapter 90. The law protects a broad range of personal data connected to tenants, former tenants, applicants, and members of their households.

Protected information includes:

• Phone numbers.
• Email addresses.
• Dates of birth.
• Social Security numbers and taxpayer identification numbers.
• Government-issued identification information.
• Banking information.
• Tax returns and W-2 forms.
• Information regarding income sources or financial assistance.
• Information connected to protected classes.
• Records involving certain tenant rights claims.
• Medical information and disability-related records.
• Employer information.
• Immigration and citizenship information.

So if you’re thinking of handing out your tenant’s phone number to a contractor repairing their unit, think twice. You could face serious legal penalties.

When Disclosure Is Still Allowed

The new law does not create a complete prohibition on sharing information. Landlords can still disclose confidential information in specific situations that serve legitimate business or legal purposes.

One common example involves court proceedings. If a court order, subpoena, judicial warrant, or similar legal process requires disclosure, a landlord may comply with that requirement. The key is having proper documentation supporting the disclosure.

Financial transactions may also create legitimate reasons to share information. Lenders, insurers, investors, and parties involved in a property transfer sometimes require access to tenant-related records to evaluate risk or verify rental income. Certain disclosures related to those transactions are acceptable, but only when reasonably necessary for the transaction.

Additionally, a landlord may need to share limited information with contractors, maintenance vendors, bookkeepers, software providers, or property managers to keep rental operations running. The disclosure should be limited to information necessary for the task being performed.

The law also allows disclosures when a tenant has provided written consent. If a resident requests that information be released to a third party, obtain clear, written authorization before sharing any information.

Beware The Reference Request

Many landlords have developed a habit of sharing extensive information about former tenants, including employment and payment sources, accommodation requests, and personal circumstances. Now, that approach carries far more risk. A reference conversation lasting five minutes can lead to years of litigation if it includes information that Oregon now treats as confidential.

When another landlord requests a reference, stick to objective facts that are necessary and appropriate. Focus on payment history, lease compliance, tenancy dates, and similar operational information. Avoid discussing any of the categories listed above unless a specific legal basis exists for doing so.

A Practical Documentation Checklist

One of the easiest ways to reduce risk is to create a simple documentation system for everyone who handles tenant information: include property managers, assistants, maintenance personnel, bookkeepers, and contractors who may have access to tenant records.

Your written list should identify:

• Who has access to tenant information.
• What information each person needs to perform their duties.
• Why access is necessary.
• How information will be stored.
• How records will be transmitted.
• When records will be destroyed or archived.

Next, document every disclosure that occurs outside your organization. Whenever information is shared, create a short record that identifies:

• The date of disclosure.
• The recipient.
• The information disclosed.
• The reason for disclosure.
• The legal authority supporting the disclosure.
• Any written consent that was obtained.

This process may feel excessive at first, but documentation often becomes the difference between a defensible decision and an expensive mistake.

Review Your Existing Systems

Many DIY landlords have developed procedures over time without ever stopping to evaluate how tenant information moves through your business. We get it: all the paperwork involved in running a rental business is hard enough to keep track of without completely reorganizing your day-to-day processes. But HB 4123 creates a good reason to audit those practices.

At every stage of your operation, consider how applications are collected, where supporting documents are stored, who can access files, and how information is shared with vendors and service providers. The goal is to limit access to the people who genuinely need it. The fewer people who handle confidential information, the fewer opportunities exist for accidental disclosures.

Privacy Compliance is Now a Property Management Issue

Many landlords think of privacy laws as something that affects large corporations and technology companies. Oregon’s new rules make it clear that tenant privacy is now a landlord compliance issue as well. The penalties attached to HB 4123 are large enough that even a single mistake can become expensive. More importantly, privacy violations often create legal disputes that consume time, energy, and attention long before a court reaches a final decision.

At Rent Portland Homes Darla Andrew’s Office, we help rental property owners navigate Oregon’s constantly changing regulations so they can focus on growing their investments instead of worrying about compliance pitfalls. If you’re unsure how your current procedures handle tenant information, now is an excellent time to review them before a simple disclosure turns into a costly claim. If you’d like help, reach out any time at (503) 515-3170 or contact us through our website.