Q: Is a half-rented duplex exempt from City of Portland Relocation Assistance?Does it matter what the other half is used 4?

A: It is difficult to speculate how a court will rule with any certainty any time and even more so not knowing the exact details or what the other half is being used for. That said, just based upon the information you have posted, I suspect your argument would prevail. It seems likely that you have an ownership interest in more than one dwelling (as defined by the City of Portland Code rather than by ORS Chapter 90) so the key is likely to be whether both dwellings are subject to the Oregon Residential Landlord-Tenant Act. If so, yes, you are likely liable for relocation assistance money. If not, you are likely exempt. This said, do review the definition of a rental agreement in ORS 90.100(38) - it encompasses all agreements, oral or written, that in any way embody terms and conditions concerning the use and occupancy of a dwelling unit and premises. Note that it does not require payment of money to be a rental agreement. If no one else except an owner has rights to occupy or use the other half, or if an owner lives in the other half, it would seem likely to not be subject to the Act and you would be exempt. If it is lawfully used by anyone else, for almost any purpose, you may well be non-exempt and liable for the relocation assistance payments. Do recognize that the penalties to you are far more draconian if a Judge disagrees with you than they are to the tenant if the Judge disagrees with them. You may want to review the exact details, history, and timing with a local landlord-tenant attorney before sticking your neck out too far. One presumes the ownership of a second or more unit subject to the Act applies to when the termination notice is issued, or perhaps during the entire time between issuance of the notice and termination date for the tenants in the first half of the duplex, but that is not necessarily clear since the Ordinance is silent on that matter. Good luck.