Oregon Section 8, Records & Right to Counsel
Oregon rules on section 8, records & right to counsel for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Yes, statewide. Refusing to rent, setting different terms, or expelling based on source of income is prohibited; 'source of income' includes Section 8 (42 U.S.C. ORS 659A.421
The rules in Oregon
| Statewide ban on refusing Section 8 / source of income | Yes, statewide. Refusing to rent, setting different terms, or expelling based on source of income is prohibited; 'source of income' includes Section 8 (42 U.S.C. 1437f) and any other local, state or federal housing assistance (but not income from a specific occupation or illegal income). Landlord may still refuse based on inability to pay rent, counting the value of the housing assistance. Source: ORS 659A.421 |
|---|---|
| Eviction record sealing | Yes. By motion (no filing fee): court must set aside the judgment and seal records if the tenant won or the case was dismissed; if a stipulated judgment was complied with; or if a restitution judgment's money award is satisfied and 5 years have passed (or the claims arose April 1, 2020 - March 1, 2022). Automatic: each court must annually set aside and seal FED judgments with no unpaid money award where the landlord won 5+ years ago or the defendant won/dismissal 12+ months ago. Once sealed, the judgment is deemed not entered. The COVID-period (2020-2022) ground in ORS 105.163(1)(a)(B) is removed effective January 2, 2028 (2021 c.39 s.11). Source: ORS 105.163; ORS 105.164 |
| Right to a lawyer in eviction | No statewide right to counsel in eviction cases. No right-to-counsel provision found in ORS ch. 90 or the FED statutes; state-funded legal aid/eviction help is not a statutory right. Source: ORS ch. 90; ORS 105.100-105.168 |
Related questions
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
Oregon vs. neighboring states
| State | Statewide ban on refusing Section 8 / source of income | Eviction record sealing | Right to a lawyer in eviction |
|---|---|---|---|
| Oregon | Yes, statewide. Refusing to rent, setting different terms, or expelling based on source of income is prohibited; 'source of income' includes Section 8 (42 U.S.C. 1437f) and any other local, state or federal housing assistance (but not income from a specific occupation or illegal income). Landlord may still refuse based on inability to pay rent, counting the value of the housing assistance. ORS 659A.421 | Yes. By motion (no filing fee): court must set aside the judgment and seal records if the tenant won or the case was dismissed; if a stipulated judgment was complied with; or if a restitution judgment's money award is satisfied and 5 years have passed (or the claims arose April 1, 2020 - March 1, 2022). Automatic: each court must annually set aside and seal FED judgments with no unpaid money award where the landlord won 5+ years ago or the defendant won/dismissal 12+ months ago. Once sealed, the judgment is deemed not entered. ORS 105.163; ORS 105.164 | No statewide right to counsel in eviction cases. ORS ch. 90; ORS 105.100-105.168 |
| California | Yes. Statewide, owners may not discriminate in housing because of source of income, or advertise a preference based on it. Source of income means lawful, verifiable income paid to the tenant or a representative, or paid to the landlord for the tenant. It includes federal, state, and local public assistance and housing subsidies, including Section 8 vouchers. HUD-VASH vouchers are expressly included. When there is a government rent subsidy, the owner may not apply income standards to the full rent rather than the tenant's share. Since January 1, 2024 (SB 267), the owner also may not use credit history without offering the applicant the option to show ability to pay the tenant's share with alternative evidence (such as benefit records, pay records, or bank statements), and must reasonably consider that evidence. Cal. Gov. Code §§ 12955(a), (c), (o) (as amended by SB 267, Stats. 2023, ch. 776); 12927(i) | Masking is automatic and statutory. For the first 60 days after an unlawful detainer case is filed, the court file is open only to the parties and their attorneys, to anyone who gives the clerk the name of a plaintiff, the name of a defendant, and the unit address, to residents of the premises, and to anyone with a court order for good cause. After that, the record becomes public only if the landlord wins a judgment against all defendants: either within 60 days of filing, or after a trial held more than 60 days after filing. If the tenant wins, or the case is dismissed or settled without a landlord judgment, the record stays masked. Nonpayment cases filed between March 4, 2020 and September 30, 2021 stay masked. Post-foreclosure cases under CCP 1161a become public only after a trial judgment. The parties may also agree by stipulation that the court bar access to the record. There is no separate statutory expungement procedure. Cal. Civ. Proc. Code § 1161.2(a) (as amended by AB 2304, Stats. 2024, ch. 711) | No statewide right to counsel in eviction cases. The Sargent Shriver Civil Counsel Act funds Judicial Council grant programs in selected courts that appoint counsel for low-income parties in housing and other civil matters, subject to funding. Some cities have their own right-to-counsel ordinances. Cal. Gov. Code §§ 68650-68651 |
| Idaho | No. The Idaho Human Rights Act's housing protections cover race, color, religion, sex, national origin (and disability/familial status provisions), not source of income. Since 2025, local governments may not require owners to participate in optional federal housing assistance programs (e.g., Housing Choice Vouchers). Idaho Code §§ 67-5909, 55-306 | Automatic shielding (no petition) for unlawful detainer cases filed on or after Jan. 1, 2025, if the entire case was dismissed, no appeal is pending, and either 3 years have passed since filing or the parties filed a stipulation to shield. Shielded records are removed from public view but remain available to the parties and court staff. Any party may also petition to seal eviction records under Idaho Supreme Court administrative rules. Idaho Code § 6-303A | Not verified yet |
| Nevada | No. Nevada's fair housing statute covers race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status and sex, but not source of income or housing vouchers. NRS 118.100 | Yes, automatic in some cases and by motion in others. Summary-eviction court files are sealed automatically when the case is dismissed; 10 judicial days after the court denies the eviction; or 31 days after the tenant files a contest affidavit if the landlord does not file a complaint within 30 days. Files from evictions granted during the COVID-19 emergency (Mar. 12, 2020 - May 20, 2022) were sealed automatically. The court may also seal a file on the parties' written stipulation, or on the tenant's motion if the eviction should be set aside under JCRCP 60 or sealing is in the interests of justice (considering circumstances beyond the tenant's control, other extenuating circumstances, and time elapsed). A sealed case is treated as never having occurred. Notices to surrender may not be made publicly available unless filed in an unsealed case. NRS 40.2545 | No statewide statutory right to counsel in eviction cases found. NRS Ch. 40 and 118A (no counsel provision) |
| Washington | Yes, statewide. Landlords may not refuse to rent, evict, set different terms or fees, discourage, misrepresent availability, or advertise preferences based on a tenant's source of income, which includes housing assistance (e.g., vouchers), public assistance, emergency rental assistance, veterans benefits, Social Security/SSI and other federal, state, local or nonprofit programs. If an income threshold is used, the voucher/subsidy must be subtracted from the rent before applying it. Narrow exception where the subsidy requires an inspection and repairs would cost more than $1,500 and mitigation funds were not received. Liability up to 4.5 times monthly rent plus costs and attorney's fees. RCW 59.18.255 | By court order only (no automatic sealing). A court may order an unlawful detainer action to be of 'limited dissemination' if the landlord's case was sufficiently without basis in fact or law, the tenancy was reinstated under RCW 59.18.410 or other law, or other good cause exists. The order must be in writing. Tenant screening companies may then not disclose the case or use it in any score or recommendation. RCW 59.18.367 | Yes, statewide (2021 c 115). Subject to appropriated funds, the court must appoint an attorney for an indigent tenant in an unlawful detainer case under chapters 59.18, 59.12 and 59.20 RCW, administered by the Office of Civil Legal Aid. Indigent means receiving specified public assistance (e.g., TANF, SSI, Medicaid, food assistance) or having after-tax income at or below 200% of the federal poverty level. RCW 59.18.640 |
City rules that may add to state law
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Oregon Section 8, Records & Right to Counsel FAQ
Is it illegal for a landlord to refuse Section 8 vouchers in Oregon?
Yes, statewide. Refusing to rent, setting different terms, or expelling based on source of income is prohibited; 'source of income' includes Section 8 (42 U.S.C. 1437f) and any other local, state or federal housing assistance (but not income from a specific occupation or illegal income). Landlord may still refuse based on inability to pay rent, counting the value of the housing assistance. (ORS 659A.421)
Can an eviction record be sealed or removed in Oregon?
Yes. By motion (no filing fee): court must set aside the judgment and seal records if the tenant won or the case was dismissed; if a stipulated judgment was complied with; or if a restitution judgment's money award is satisfied and 5 years have passed (or the claims arose April 1, 2020 - March 1, 2022). Automatic: each court must annually set aside and seal FED judgments with no unpaid money award where the landlord won 5+ years ago or the defendant won/dismissal 12+ months ago. Once sealed, the judgment is deemed not entered. (ORS 105.163; ORS 105.164)
Do tenants have a right to a free lawyer in eviction cases in Oregon?
No statewide right to counsel in eviction cases. (ORS ch. 90; ORS 105.100-105.168)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.