Revisiting FAIR Ordinance 5 Years Later: The Effect on Tenants and Landlords

Jul 22, 2025 | Insights

Two people wearing white button-up shirts face each other. One is holding a clipboard with documents, the other is signing the documents. A judicial gavel is in the foreground, illustrating the impacts of Portland's FAIR ordinance on landlords and tenants.

Since its inception, Portland’s Fair Access in Renting (FAIR) Ordinance has aimed to level the playing field for renters, particularly those from marginalized communities. Introduced in 2019 and implemented in 2020, FAIR sought to dismantle systemic barriers in the rental application process and enhance transparency in security deposit practices. However, amendments in 2022 have altered some of its provisions, prompting a reevaluation of its impact from the perspective of Portland’s tenants.

Origins and Objectives of FAIR

Portland’s FAIR ordinance was championed by former City Commissioner Chloe Eudaly, who emphasized the need to address discriminatory housing practices. The ordinance introduced several key reforms:

  • First-Come, First-Served Policy: Landlords are required to process applications in the order they are received, a policy which attempts to reduce biases in tenant selection.​
  • Screening Criteria Limitations: Restrictions were placed on the use of credit scores, criminal histories, and income requirements to prevent discriminatory exclusions.​
  • Accessible Unit Prioritization: Applicants with mobility disabilities are given priority for accessible units.
  • Security Deposit Regulations: Landlords must provide detailed unit condition reports and use a standardized depreciation schedule for itemizing potential deductions.

These measures were designed to promote equitable access to housing and protect tenants from arbitrary or discriminatory practices.

Tenant Experiences Under FAIR

Many tenants initially welcomed FAIR, noting increased fairness in the application process and greater clarity regarding security deposits. The standardized procedures provided a sense of security and predictability, particularly for those who had previously faced housing discrimination.

However, some tenants reported challenges, such as landlords’ unfamiliarity with the new requirements, leading to inconsistent application of the rules. Additionally, the complexity of the regulations sometimes resulted in confusion and miscommunication between tenants and landlords.

2022 Amendments and Tenant Implications

In response to a lawsuit by landlords alleging that certain FAIR provisions were overly burdensome, the Portland City Council approved amendments in June 2022. Key changes included:​

  • Security Deposit Adjustments: The requirement for landlords to use a city-published depreciation schedule was eliminated. While landlords must still provide unit inventories and condition reports, they are no longer mandated to assign depreciated values to items.​
  • Appeal Process Modification: If a tenant’s application is denied but later approved upon appeal, landlords are now only required to prequalify the applicant for rental opportunities within Portland for the next three months rather than for all properties citywide.
  • Damage Claim Clarifications: The ordinance now includes clearer definitions regarding charges for specific damages, such as carpet cleaning, aligning more closely with state laws.

The FAIR Ordinance’s Effect on Landlords

When Portland’s FAIR ordinance took effect in 2020, landlords across the city were faced with a dramatic shift in how they conducted business. The ordinance imposed strict requirements on tenant screening, application processing, and security deposit management with a goal to create more equitable access to housing. While the intention was to combat systemic discrimination and reduce barriers for renters, many landlords experienced the rollout of FAIR as burdensome, confusing, and costly.

Increased Administrative Requirements

One of the most immediate impacts of FAIR on landlords was the administrative load it introduced. The “first-come, first-served” application process required landlords to time-stamp and track all applications meticulously, which created more paperwork, rigid timelines, and a heightened potential for human error—especially for smaller landlords who manage properties without a team or dedicated staff.

The requirements around individualized assessments of criminal history and alternative income verification also meant landlords could no longer rely on standardized screening tools alone. Instead, they had to analyze the context and relevance of each applicant’s history, a task that introduced subjectivity and opened the door to potential legal challenges if handled improperly.

Security Deposit and Damage Charge Complexities

The original FAIR rules around security deposits introduced perhaps the most contentious changes for landlords. They were required to follow a City-published depreciation schedule and provide detailed condition reports, including photos, for every unit. This meant landlords had to invest time and resources in documentation before and after each tenancy—again, particularly burdensome for small landlords with limited bandwidth.

Many property owners also found the new limits on security deposit amounts and the specific rules about how funds could be withheld for damage to be confusing or inconsistent with previous state laws. The fear of being penalized for unintentional missteps led some landlords to adopt more conservative rental strategies, such as raising rents or becoming more selective about which units to keep on the market.

A Landscape Still in Transition

Five years in, the FAIR ordinance continues to shape Portland’s rental ecosystem. While many landlords have adapted and found ways to comply, the balance between protecting tenants and supporting property owners remains delicate. Tenants have to work to stay on top of legislative changes that may affect them. Engaging with local tenant organizations and participating in public discourse can help ensure that housing policies continue to reflect the needs and concerns of Portland’s diverse rental community.​

While FAIR has undergone modifications, its foundational goal remains: to foster a more equitable and transparent rental market. Continued vigilance and community engagement are essential to uphold and advance the protections it seeks to provide. Ongoing dialogue between the city, landlords, and tenants will be critical to ensuring that solutions are both equitable and sustainable.

Ready to Find Or Rent Your Portland Home?

As Portland’s rental landscape continues to evolve under the influence of the FAIR ordinances, both tenants and landlords face new challenges—and opportunities—for creating a more transparent and equitable housing environment. Navigating these complexities can feel overwhelming for both sides, but that’s where Rent Portland Homes Darla Andrew’s Office comes in.

With deep expertise in local rental law, a commitment to ethical property management, and a passion for serving the Portland community, our team bridges the gap between regulation and real-world rental success. When the rules are changing and the stakes are high, it pays to work with a property management team that understands both the letter of the law and the heart of the community. Call or text us at (503) 515-3170 or contact us through our website at any time, and we can help you thrive in Portland’s evolving rental market—together.