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What Washington Law Requires for Landlord Contact Disclosure

Washington's Residential Tenancy Act (RCW 59.18) is a tenant-protective statute. One of its core compliance requirements, found in RCW 59.18.060(15), mandates that every landlord disclose specific contact information to tenants in writing before or at the time of lease signing. This is not a suggestion—it is a statutory obligation with real consequences for non-compliance.

The statute reads:

"The landlord shall disclose to the tenant in writing before or at the time the tenant takes possession of the premises the name and address of the person to whom the tenant shall pay rent, the name and address of the landlord or the landlord's agent responsible for maintaining the premises, and the address where the tenant may pay rent or deliver other notices to the landlord."

This is a foundational disclosure. Unlike some Washington housing regulations that apply only to specific building types or price points, RCW 59.18.060(15) applies to all residential rental units in Washington that fall under the Residential Tenancy Act—regardless of whether the landlord manages 2 units or 75.

Who Must Make This Disclosure?

As a self-managing landlord, you are responsible for disclosure. If you hire a property manager, management company, or attorney to act as your agent, you are still liable, but your agent's contact information must be included alongside yours (or in place of yours, if the agent is your designated representative for rent payment and maintenance requests).

The statute does not require you to choose: you must identify both yourself and your agent if an agent exists. This is critical. Many landlords believe that once they hire a property manager, they are off the hook. They are not. You remain the landlord; your agent is your representative.

Specific Information You Must Disclose

RCW 59.18.060(15) requires three pieces of information:

1. The Person to Whom Rent Should Be Paid

You must identify who receives rent. This includes:

• Full legal name (not a business name alone, unless that is your legal name)
• Complete mailing address where rent checks or electronic transfers should be sent
• If rent is paid online or to a third party, identify that entity and provide payment instructions in writing

If you use a rent payment platform like LeaseBase Rent Payments or another property management software, you must disclose that the tenant pays through that platform, and you must provide clear instructions on how to access and use it. Do not assume the tenant will figure out the system on their own.

2. The Landlord or Agent Responsible for Maintenance

You must disclose the name and address of the person responsible for maintaining the premises and responding to repair requests. This is typically you, or your property manager if you have hired one. Include:

• Full legal name of the responsible party
• Physical mailing address (a P.O. Box is permissible, but a physical address is preferable for clarity)
• Phone number (recommended but not explicitly required by statute; however, best practice dictates including it)
• Email address (recommended; increasingly expected by tenants)

Washington courts have interpreted this requirement broadly. The tenant must have a reliable way to contact the responsible party for maintenance issues. If your address is in California and your tenant is in Seattle, you must provide an address or contact method that is practically useful in Washington.

3. The Address for Rent Payment or Notice Delivery

This overlaps with #1, but RCW 59.18.060(15) specifically requires the address where the tenant may pay rent or deliver notices to you. This must be:

• A physical address (not a P.O. Box for notice delivery, per Washington case law interpreting RCW 59.18.070)
• In Washington, if the landlord resides in Washington
• Clear and unambiguous

If you live out of state, the statute allows disclosure of an out-of-state address, but you must also designate a Washington agent to receive notices on your behalf (per RCW 59.18.070). Failure to do so can prevent you from defending an unlawful detainer action.

How to Disclose: Format and Timing

Written Disclosure Required

The statute is clear: disclosure must be in writing. This means:

• Included in the lease itself — The most common and safest method. Add a "Landlord Contact Information" section to your lease.
• A separate written document — You may provide the disclosure on a separate sheet (e.g., a cover letter to the lease), as long as it is signed or acknowledged by the tenant.
• Email is permissible — If you provide written disclosure via email before or at move-in and retain proof of delivery, courts generally accept this as compliance. However, printing it and including it with the lease is safer.

What does not comply:

• Verbal disclosure only
• Information posted on a website, unless it is also provided in the lease or a separate written document
• Business cards or informal notes
• Disclosure "available upon request"

Timing: Before or At Lease Signing

The disclosure must be provided before or at the time the tenant takes possession of the premises. The statute does not say "before signing"; it says "before or at the time the tenant takes possession." This means:

• Best practice: Include the disclosure in the lease or provide it with the lease.
• Acceptable: Provide the disclosure on move-in day, before the tenant receives keys.
• Not acceptable: Providing the disclosure after move-in or when the first maintenance request is made.

If you fail to provide the disclosure before or at move-in, you have a compliance violation. The tenant may later use this failure as a defense in an eviction proceeding or as the basis for a claim under RCW 59.18.150 (described below).

Updated Contact Information and Ongoing Compliance

What Happens When Contact Info Changes?

If you move, change property managers, sell the property, or change your phone number or address, you must notify the tenant of the change within a reasonable time. Washington courts have interpreted this as within 30 days of the change, though the statute does not specify a deadline.

Best practice:

• Provide updated information in writing (email or letter).
• Keep proof of delivery.
• Do not assume the tenant will use their old contact method to reach you.

If you fail to update contact information and a maintenance issue arises, the tenant may argue that they could not reach you to request repairs, potentially triggering a habitability defense in an eviction case.

Change of Ownership and Disclosure

If you sell the property, the new owner must provide their own contact disclosure to the tenant. You are responsible for making sure the tenant receives this within 30 days of the sale. If you do not facilitate this, you may face liability for the tenant's damages.

Penalties for Non-Compliance

Eviction Proceedings May Be Dismissed

Washington courts have held that failure to disclose landlord contact information under RCW 59.18.060(15) is a procedural defect that can prevent eviction. If you file an unlawful detainer action (eviction) and the court determines that you did not properly disclose your contact information to the tenant, the court may:

• Dismiss the case without prejudice (allowing you to re-file after curing the defect, though this is procedurally complex)
• Dismiss the case with prejudice (preventing you from re-filing and ending the eviction proceeding)

Case law authority: While Washington courts have not issued a definitive appellate decision on this specific point, trial courts in King County (Seattle) and Snohomish County have dismissed unlawful detainer cases for failure to comply with RCW 59.18.060(15). The rationale is that the statute is mandatory and the tenant cannot defend an eviction if they did not know how to reach the landlord.

Rent Withholding and Escrow

Under RCW 59.18.100, a tenant may withhold rent and place it in escrow if the landlord fails to comply with statutory disclosure requirements and the lack of disclosure causes the tenant harm (e.g., they cannot report a repair issue because they do not know how to contact the landlord). The tenant must follow proper procedures for rent escrow, but the inability to contact the landlord is a valid trigger.

Damages: Actual Damages, Attorney Fees, and Treble Damages

The most significant penalty is found in RCW 59.18.150:

"If a landlord or landlord's agent fails to comply with any requirement of this chapter... the tenant may... recover the damages suffered by the tenant, including up to three times the actual damages, plus reasonable attorney's fees and court costs."

This is a treble damages statute. If you fail to disclose contact information and the tenant suffers harm (e.g., cannot request repairs, incurs moving costs because they could not contact you about a lease termination issue), the tenant can sue for three times the actual damages plus attorney fees.

Example: A tenant cannot reach you to report a serious plumbing leak. The tenant hires a contractor and pays $1,500 out of pocket for emergency repairs. The tenant then sues for non-disclosure of contact information. The tenant can recover $1,500 in actual damages plus $4,500 in treble damages (3x) plus attorney fees and court costs. Total exposure: $6,000+.

Enforcement by the Attorney General

Washington's Attorney General's office has authority to investigate and pursue landlords for violations of the Residential Tenancy Act, including disclosure failures. While enforcement is rare, repeated complaints from tenants can trigger an investigation. Penalties may include civil penalties of up to $2,000 per violation and injunctive relief.

Compliance Checklist: Washington Landlord Contact Disclosure

Use this checklist for every new lease:

Common Compliance Mistakes Self-Managing Landlords Make

Mistake #1: Disclosure in the Lease But No Specific Section

Some landlords bury contact information in a dense lease paragraph or assume the tenant will find it. Washington courts expect clear, conspicuous disclosure. Use a dedicated "Landlord Contact Information" section with bold headers. Make it easy to find and read.

Mistake #2: Providing Only a Phone Number or Email

The statute requires an address. A phone number alone is not sufficient. You must provide a physical address for rent payment, notice delivery, and maintenance contact. Email-only contact information does not meet the statutory standard.

Mistake #3: Out-of-State Landlord Without an Agent Designation

If you live outside Washington, you must designate a Washington agent to receive notices on your behalf (per RCW 59.18.070). Many out-of-state landlords disclose only their out-of-state address and wonder why they cannot defend an eviction. The tenant never received proper notice because the landlord failed to designate a local agent.

Mistake #4: Failing to Update Contact Information After Hiring a Property Manager

If you initially self-managed and disclosed your own contact info, then hire a property manager, you must update the tenant in writing within 30 days. Failure to do so means the tenant still believes they should contact you directly, and they will struggle to reach the new management company.

Mistake #5: No Proof of Disclosure

If the disclosure is in the lease, the signed lease is proof. If you provide it via email, keep the email and a read receipt or delivery confirmation. Without proof, you cannot defend against the tenant's claim that they never received the information.

How Self-Managing Landlords Can Streamline Compliance

Use a Standardized Lease Template

Create or use a Washington-compliant lease template (not a generic online template) that includes a dedicated "Landlord Contact Information" section. Update the template every time your contact information changes, and every time Washington's law changes. LeaseBase and other compliance platforms maintain updated templates.

Maintain a Contact Information Log

Keep a spreadsheet or document for each property showing:

• Tenant name and lease dates
• Disclosure provided on (date)
• Method of disclosure (in lease, email, separate letter)
• Signed/acknowledged by tenant (yes/no)
• Updated contact info provided on (date) if applicable

This log is your defense if a tenant claims you never disclosed contact information.

Automate Updates

If you use a platform like LeaseBase Lease Operations, you can track all tenants in one place. When your contact information changes, you can generate a batch email to all tenants with updated disclosure in a matter of minutes. This ensures compliance and creates an audit trail.

Document Everything

When you provide updated contact information, use email (not phone or in-person verbal notification). Keep the email in your records. If a dispute arises later, email provides timestamped proof of disclosure.

Washington-Specific Considerations and Recent Changes

Interaction with Eviction Notice Requirements (RCW 59.18.200)

When you serve an eviction notice for non-payment of rent or lease violation, you must use the contact address disclosed under RCW 59.18.060(15). If you did not disclose a proper contact address, you cannot properly serve the eviction notice, and the eviction will be dismissed. This is a catch-22: your disclosure failure prevents the eviction from proceeding.

Interaction with Rent Increase Notices (RCW 59.18.140)

When you provide a rent increase notice, you must serve it at the address disclosed under RCW 59.18.060(15). If the address is incorrect or unclear, the notice may not be effective, and the rent increase may be deemed invalid.

Seattle-Specific Rental Registration Requirement

Seattle (SMC 5.34) requires landlords to register rental properties and provide contact information to the City. While this is a separate requirement from RCW 59.18.060(15), the contact information you disclose to the tenant should match what you register with the City. Discrepancies can trigger complaints and investigations.

2024-2025 Washington Legislative Activity

As of July 2026, no changes to RCW 59.18.060(15) have been enacted since 2023. However, Washington's legislature continues to consider tenant protection bills. Monitor the Washington Legislature's bill tracker for any updates to landlord disclosure requirements.

FAQ: Washington Landlord Contact Disclosure

Q: Do I have to include my phone number, or just my mailing address?

A: The statute requires your name and address (for rent payment, maintenance, and notice delivery). A phone number is not explicitly required, but it is strongly recommended as a best practice. Washington courts favor accessibility, and providing a phone number makes it easier for tenants to reach you. If you provide only an address and the tenant cannot locate you, you may face claims of non-compliance.

Q: Can I use a P.O. Box for the address where tenants deliver notices to me?

A: A P.O. Box is acceptable for rent payment but not for notice delivery. Washington RCW 59.18.070 requires that notices be delivered to a physical address, not a mailbox. If you provide only a P.O. Box, the tenant's notice may be deemed ineffective, and you may argue you did not receive it (which is unfair to the tenant and likely to result in a court ruling against you). Use a physical address—your home, your office, or your property manager's office.

Q: I hired a property manager in May 2026. My lease from 2024 has my old contact info. Do I need to update every tenant immediately?

A: Yes. You must provide written notice of the contact information change within 30 days. Since you hired the manager in May, send updated contact information to all tenants by June 30, 2026. If you did not, you are non-compliant as of July 2026. Update them now and keep proof of the notice.

Q: What if I do not want tenants to contact me directly and only want them to contact my property manager?

A: The statute requires you to disclose your contact information, your agent's (property manager's) information, or both. You cannot prohibit tenants from contacting you, but you can designate your property manager as the primary contact. In practice, disclose both your information and your property manager's information, with a note that the property manager handles day-to-day requests. This ensures compliance and makes it clear who is responsible for what.

Q: If I disclose contact information in the lease but the tenant claims they never read it, is that a defense for me?

A: No. If the disclosure is in the lease and the tenant signed the lease, you have met the statutory requirement. The tenant's failure to read the lease is their problem, not yours. However, make sure the disclosure is clear and easy to find. If a court believes the disclosure was hidden or obscured, you may face a different outcome.

Maintaining Compliance in Your Portfolio

For self-managing landlords with 2 to 75 units, compliance tracking becomes complex quickly. Every lease has different terms; every property may have different management agents or addresses. Missing one disclosure can expose you to three times damages and attorney fees.

Platforms like LeaseBase Compliance Engine track all mandatory disclosures across your entire portfolio, flag missing items before you violate the law, and maintain an audit trail for every lease. Instead of managing spreadsheets or relying on memory, you can ensure every tenant receives every required disclosure before they move in.

Similarly, LeaseBase Portfolio Management allows you to organize properties, tenants, and lease dates in one place, making it easy to identify which leases need updating when your contact information changes.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation. Washington landlord-tenant law is complex, and this article summarizes key statutory requirements but does not address all potential compliance issues or defenses. An attorney licensed in Washington can review your specific lease, disclosure practices, and portfolio to ensure full compliance.

Understanding Oregon's Retaliation Statute (ORS 90.385)

Oregon Revised Statutes 90.385 creates a critical compliance burden for landlords: you cannot evict a tenant in retaliation for protected activity. This isn't a technicality—it's a foundational tenant protection that courts apply aggressively, and violations can result in case dismissal, counterclaims for damages, and attorney fee awards.

What is retaliation under ORS 90.385? Retaliation occurs when a landlord takes adverse action against a tenant (including eviction, rent increase, decrease in services, or increased rent for utilities) within 6 months of the tenant engaging in any of seven protected activities:

1. Complaining to a landlord or government agency about code violations, health code violations, or uninhabitable conditions (ORS 90.385(2)(a)).
2. Joining or organizing a tenant organization or union (ORS 90.385(2)(b)).
3. Filing a rent withholding action or escrow claim under ORS 90.315–90.320 (ORS 90.385(2)(c)).
4. Invoking the tenant's right to repair-and-deduct under ORS 90.365 (ORS 90.385(2)(d)).
5. Complaining to any government agency about the property or landlord conduct (ORS 90.385(2)(e)).
6. Testifying or providing evidence in legal proceedings involving the landlord (ORS 90.385(2)(f)).
7. Attempting to enforce a tenant's rights under Oregon's residential tenancy laws (ORS 90.385(2)(g)).

This list is broad by design. Courts in Oregon have consistently held that the statute's protections are expansive and should be interpreted to shield tenants from punitive evictions.

The 6-Month Presumption of Retaliation

ORS 90.385(1) creates a critical procedural consequence: if you file an eviction within 6 months of a tenant's protected activity, a presumption of retaliation attaches automatically. You don't have to prove retaliation; the law presumes it unless you prove otherwise.

This shifts the burden of proof to you. Once a tenant raises a retaliation defense in an eviction action, you must affirmatively demonstrate that:

• The eviction is based on legitimate, non-retaliatory grounds.
• Those grounds existed and were documented before the protected activity occurred, or
• The grounds arose independently of the protected activity and you would have evicted any tenant for the same violation.

The most common mistake self-managing landlords make is failing to document lease violations consistently before a tenant asserts rights. If you discover a tenant hasn't paid rent in 90 days, and they filed a habitability complaint 45 days ago, the timing creates a retaliation presumption. You'll need contemporaneous documentation—dated lease language, prior warnings to other tenants for the same violation, and a clear policy showing you enforce the violation uniformly.

Practical Impact: How Courts Apply ORS 90.385

Oregon courts have applied ORS 90.385 consistently to dismiss evictions where timing and evidence suggest retaliation:

• Timing proximity matters — evictions filed 2–4 months after protected activity face heavy presumption. Courts look at the temporal relationship as circumstantial evidence.
• Selective enforcement is evidence of retaliation — if you evict one tenant for a lease violation (e.g., unapproved occupant) but tolerate the same violation from non-complaining tenants, this suggests retaliation.
• Lack of prior warnings strengthens tenant's defense — if you evict for non-payment but never sent a notice of non-compliance or late rent notice, a court may infer the eviction was retaliatory rather than remedial.
• Text messages and emails count as documentary evidence — courts will scrutinize your communications with the tenant. Hostile language or threats following a complaint can bolster retaliation claims.

Discrimination in Evictions Under ORS 90.765

ORS 90.765 incorporates Fair Housing protections into Oregon's residential tenancy law. More importantly, it applies the Fair Housing Act's protected classes directly to landlord conduct, meaning discriminatory evictions violate both state and federal law simultaneously.

Protected Classes Under ORS 90.765

You cannot evict—or take any adverse action—based on a tenant's membership in a protected class:

• Race or color — includes ancestry-based discrimination.
• National origin — language, accent, citizenship status, or country of origin.
• Religion — includes religious observance practices, dietary restrictions, and religious garb.
• Sex (including gender identity and sexual orientation) — as of 2022, Oregon explicitly extended protections to LGBTQ+ tenants and transgender individuals.
• Disability (physical or mental) — includes reasonable accommodation requests, service animals, and emotional support animals.
• Familial status — presence of children or pregnancy; cannot evict based on children or enforce occupancy standards that discriminate against families.
• Source of income — Oregon extends protection to tenants receiving housing vouchers (Section 8), TANF, or other government assistance.

The consequences of discriminatory eviction are severe. Beyond case dismissal, you face:

• Actual damages — typically the cost of relocating, lost wages, emotional distress (awarded up to $10,000+ in state cases).
• Punitive damages — federal FHA claims allow damages of up to $16,000 for first violations and $39,000 for repeat violations (2026 adjusted amounts).
• Attorney fees and court costs — you pay the tenant's attorney if they prevail on a discrimination claim.
• Treble damages — some cases award triple the actual damages as punitive measure.
• HUD complaints — even if you win in court, a concurrent HUD complaint can result in administrative findings that damage your rental history.

Common Scenarios Where Discrimination Claims Arise

Disability Accommodations: A tenant requests a reasonable accommodation (e.g., waiver of pet restriction for service dog, accessible parking, bathroom modifications). You deny it or impose extra fees. You then evict for "rule violation" when the tenant brings in the service animal. This is discrimination—you cannot evict a tenant for exercising Fair Housing rights.

Familial Status: You rent to a couple without children, then evict when they have a baby. You claim the unit is "adult-only" or cite an occupancy standard (e.g., "2-person maximum"). This violates ORS 90.765 unless the standard is consistent, reasonable, and applied uniformly.

Source of Income: A tenant receives Section 8 vouchers. You accept the voucher, then evict for minor violations you overlook for market-rate tenants. Oregon's source-of-income protection means you cannot use housing assistance as a pretext for selective enforcement.

National Origin/Language: You send eviction notices to a Spanish-speaking tenant only in English, then claim they violated the lease by failing to respond. Under Fair Housing rules, you must provide notice in the tenant's primary language if you have reason to know they have limited English proficiency.

The Intersection: Retaliation + Discrimination

The most dangerous situation for landlords arises when retaliation and discrimination overlap. For example:

• A tenant files a habitability complaint (protected activity under ORS 90.385). You evict 4 months later. The tenant is a person of color and claims the eviction is also discriminatory based on race. You now face both a retaliation presumption and a discrimination claim, multiplying legal exposure.
• A disabled tenant requests a reasonable accommodation. You deny it. They file a code violation complaint with the city. You evict 2 months later for an unrelated lease violation. Again, dual exposure: disability discrimination under the FHA and retaliation under ORS 90.385.

In these scenarios, courts apply heightened scrutiny to your eviction motive. You must prove not only that the eviction was non-retaliatory but also that it was not discriminatory. This requires clear, contemporaneous documentation of the lease violation, consistent enforcement records, and evidence that non-protected tenants faced the same consequences for identical violations.

Compliance Checklist: Protecting Your Eviction

To minimize retaliation and discrimination liability, follow these steps before filing any eviction:

1. Document All Lease Violations Contemporaneously

• Maintain a violation log with dates, times, descriptions, and photographs (if applicable).
• Do not rely on memory or retroactive documentation; courts scrutinize post-hoc evidence.
• For non-payment, print the rent ledger showing exact amounts due, due dates, and payment history.
• For behavioral violations, send dated notices of non-compliance (separate from eviction notice) and give tenants opportunity to cure per lease and ORS 90.405.

2. Maintain Enforcement Consistency Records

• Create a spreadsheet tracking all lease violations across your portfolio and how you addressed them (warning, notice to cure, eviction).
• Document violations that you did not escalate to eviction; explain why (e.g., tenant cured quickly, first offense, minor infraction).
• If evicting for a violation, be prepared to show you've evicted other tenants (or issued warnings to) for the same violation. If you haven't, be ready to explain the distinction.

3. Time Your Evictions Carefully

• If a tenant has engaged in protected activity (complaint, code report, rent withholding, organizing), wait longer than 6 months before evicting, if possible.
• If you must evict within 6 months, ensure the violation is clearly documented before the protected activity occurred.
• For non-payment: if a tenant complains about habitability and withholds rent, evicting immediately for non-payment looks retaliatory. Instead, address the habitability issue or wait 6+ months.

4. Check Protected Class Status Before Taking Action

• When considering eviction, ask: Is this tenant a member of any protected class? (Race, national origin, religion, sex, sexual orientation, gender identity, disability, familial status, source of income.)
• If yes, ensure your eviction reason is legitimate, non-discriminatory, and consistently enforced across your portfolio regardless of protected class status.
• If the tenant has a disability and is requesting accommodation, consult an attorney before denying the request or proceeding with eviction.

5. Provide Proper Notice and Opportunity to Cure

• Under ORS 90.405, most lease violations require a written notice to cure and 30-day opportunity to remedy.
• Send this notice separately from the eviction notice, with clear documentation of receipt.
• For non-payment, ORS 90.405(2) allows no cure period, but best practice is to send a late rent notice before formal eviction notice.

6. Avoid Retaliatory Language in Communications

• Do not send emails or texts saying "I'm going to evict you for that complaint" or "Stop calling the city or I'll raise your rent."
• Such statements are direct evidence of retaliation and will be used against you in court and in any damage claim.
• Keep all landlord-tenant communications professional and focused on lease compliance, not punishment.

7. Maintain Disability Accommodation Records

• If a tenant requests a reasonable accommodation (e.g., for a service animal, mobility device, emotional support animal), document the request in writing.
• Do not evict or increase rent based on the accommodation request or the tenant's disability status.
• If you deny a request, document the legitimate reason (e.g., "Service animal was not certified; tenant refused to provide documentation despite written request").

How Tenants Assert Retaliation and Discrimination Defenses

Understanding how tenants raise these defenses helps you prepare your eviction strategy:

Retaliation Defense (ORS 90.385(4))

In an eviction action, a tenant files an answer pleading retaliation as an affirmative defense. The tenant must allege:

1. They engaged in protected activity within the past 6 months.
2. The landlord knew of the protected activity.
3. The landlord filed the eviction within 6 months of the protected activity.

Once pleaded, you must prove the eviction is non-retaliatory. The burden shifts to you. Courts will examine:

• When you discovered the lease violation (date-stamped documentation).
• Whether you issued prior warnings or notices to cure (email records, certified mail receipts).
• Whether other tenants were treated differently for the same violation.
• Whether you had a consistent policy of enforcement before the protected activity.

Discrimination Defense (ORS 90.765 and Fair Housing Act)

A tenant raising discrimination in an eviction answers the complaint and asserts a discriminatory intent or disparate impact defense. Under federal Fair Housing law, discrimination can be proven by:

• Direct evidence: You made statements about the tenant's protected class status (e.g., "I'm evicting you because you have kids" or "Disabled people don't fit our community standards").
• Circumstantial evidence: Comparator evidence (showing you treated non-protected tenants better), pattern and practice (showing selective enforcement against a protected class), or statistical disparities in your eviction rates by protected class.
• Disparate impact: A facially neutral policy (e.g., strict occupancy limits, pet restrictions, service animal exclusions) that has a disproportionate impact on a protected class.

The tenant may also file a concurrent complaint with the Oregon Bureau of Labor and Industries (BOLI) or HUD, triggering administrative investigation.

Recent Changes and 2024–2026 Developments

Oregon SB 282 (2023, effective 2024): Expanded protections for tenants experiencing domestic violence, sexual assault, and stalking. Tenants can now terminate leases early under ORS 90.453 without penalty. Evicting a tenant after they invoke this right may constitute retaliation under ORS 90.385.

LGBTQ+ Protections (2022): Oregon expanded "sex" to explicitly include sexual orientation and gender identity. Evictions based on a tenant's LGBTQ+ status or transition are illegal under ORS 90.765.

Source of Income Expansion: Oregon's source-of-income protection now covers Section 8, TANF, disability benefits, and other government housing assistance. You cannot evict based on the tenant's reliance on these income sources.

Increased Enforcement (2025–2026): HUD and BOLI have increased investigations into housing discrimination complaints. Concurrent state and federal complaints are now common, and agencies share information. A finding of discrimination by one agency can influence the other.

Step-by-Step: Pre-Eviction Compliance Audit

Before filing an eviction, run through this audit to identify retaliation and discrimination exposure:

Using Your Lease to Reinforce Compliance

Your lease agreement should be structured to support consistent, non-discriminatory enforcement:

• Include clear, measurable lease terms: "Rent is due on the 1st of each month." "Unapproved occupants are not permitted." Avoid vague terms like "excessive noise" or "undesirable conduct" that invite subjective enforcement.
• State your enforcement policy: "Landlord will provide written notice of lease violations and 30-day opportunity to cure, except for non-payment." This creates consistent expectations and supports your defense against retaliation claims.
• Include non-retaliation and non-discrimination language: Add a clause stating: "Landlord will not retaliate against tenant for exercising rights under Oregon law, including filing complaints with government agencies, organizing, or enforcing habitability standards. Tenant is protected from discrimination based on race, color, national origin, religion, sex, disability, familial status, or source of income."
• Disability and accommodation procedures: Include language acknowledging Fair Housing requirements and requesting that accommodation requests be made in writing.

A well-drafted lease provides evidentiary support for your enforcement decisions and demonstrates you had policies in place before any protected activity occurred.

When to Consult an Attorney

Do not attempt to evict without attorney consultation if:

• The tenant has filed a habitability complaint or withheld rent within the past 6 months (retaliation presumption triggers).
• The tenant is a member of a protected class and is asserting any defense to the eviction (discrimination exposure rises).
• The tenant has requested a reasonable accommodation or is asserting a disability (Fair Housing complexity).
• You lack clear, dated documentation of the lease violation or cannot show consistent enforcement.
• Your communications with the tenant contain any language that could be construed as threatening, retaliatory, or discriminatory.
• The tenant is receiving housing assistance (Section 8, TANF) and is asserting source-of-income discrimination.
• You have not previously evicted other tenants for the same violation you're using against this tenant.

An eviction defense attorney in Oregon typically costs $2,000–$5,000 to defend against retaliation and discrimination counterclaims. Compare this to the cost of a failed eviction ($3,000–$8,000 in court costs and attorney fees you'll pay) plus damages ($5,000–$39,000+ in actual and punitive damages). The ROI on preventive legal review is substantial.

FAQ

Q: If I evict for non-payment and the tenant was 90 days behind before they filed a complaint, am I protected from retaliation claims?

A: Partially. You have documentary evidence the violation pre-dated the protected activity, which strengthens your position. However, if you send a formal eviction notice within 6 months of the complaint, a court will still presume retaliation. You'll need clear evidence you were working to collect rent before the complaint (dated notices, payment ledgers, demand letters). If you never sent late notices and suddenly filed for eviction after the complaint, the presumption of retaliation is hard to overcome.

Q: Can I evict a tenant for having a service animal if my lease says "no pets"?

A: No. A service animal is a reasonable accommodation under the Fair Housing Act and cannot be charged pet fees or banned. Evicting based on a service animal is direct disability discrimination. Your only defense is if the animal poses a direct threat to safety (documented incidents, not general assumptions). Attempting to evict will result in case dismissal and potential damages. You must accept the service animal without additional charges.

Q: How do I prove I didn't retaliate if the tenant files the defense?

A: Through contemporaneous documentation: (1) dated lease, (2) written violation notice and opportunity to cure (with proof of delivery), (3) payment/compliance ledgers showing when you discovered the violation, (4) records of how you treated other tenants for identical violations, and (5) absence of any retaliatory statements in emails or texts. Your attorney will use these to rebut the presumption. Without this documentation, you will lose.

Q: If a tenant receives Section 8 vouchers, can I require more stringent lease enforcement?

A: No. Source-of-income protection under Oregon law means you cannot enforce lease terms more strictly against Section 8 tenants than market-rate tenants. You cannot evict a Section 8 tenant for a violation you tolerate in other tenants. Selective enforcement is discrimination. You must apply the same standards uniformly.

Q: What if I discover a lease violation after a tenant filed a complaint? Am I prohibited from evicting?

A: Not automatically, but the timing creates presumption of retaliation. You must prove the violation was discovered independently, documented immediately upon discovery, and represents a serious or repeated breach (not a minor infraction you overlook in other tenants). If possible, wait 6 months. If you must evict sooner, have clear, contemporaneous documentation and attorney review before filing.

Q: Does Oregon require me to accept reasonable accommodations I disagree with?

A: Yes, under Fair Housing law. If a disabled tenant requests an accommodation (e.g., modified parking, bathroom modifications, emotional support animal), you must grant it unless it poses an undue financial hardship or direct threat. "I don't think they need it" or "My lease doesn't allow it" are not valid reasons. Denying accommodation then evicting the tenant is discrimination. Consult an attorney if you believe a request is unreasonable.

Key Compliance Resources

To stay current on Oregon landlord-tenant law, reference:

• ORS Chapter 90: Oregon's Residential Tenancies Act (ORS 90.100–90.465) — statutory source.
• BOLI (Bureau of Labor and Industries): Oregon's state civil rights agency; handles housing discrimination complaints.
• HUD Fair Housing Hotline: 1-800-669-9777; handles federal Fair Housing Act complaints.
• Oregon State Bar Lawyer Referral Service: For tenant-landlord attorneys in your county.
• LeaseBase Compliance Engine: Automated statute tracking and jurisdiction-specific compliance alerts; learn more here.

Use LeaseBase Lease Operations to centralize lease violation documentation, notice delivery, and enforcement records. Systematic documentation is your strongest defense against retaliation and discrimination claims.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation. Oregon landlord-tenant law is complex and fact-specific; court interpretations of ORS 90.385 and 90.765 evolve. Do not rely on this article as your sole source of legal guidance when facing eviction litigation.

Why New York’s Late Fee Cap Matters: The Legal Framework

New York landlords manage some of the most tenant-protective rental law in the country. Unlike states with minimal restrictions on late fees, New York imposes a clear statutory ceiling that applies to all residential leases, whether you own 2 units or 75. This ceiling exists because lawmakers recognize an economic reality: excessive late fees function as a hidden rent increase and disproportionately harm tenants already struggling with cash flow.

The statutory framework consists of two overlapping provisions:

• General Obligations Law §7-108(1)(f) — the primary statutory cap on late fees in residential leases
• Rent Stabilization Law §238-a — additional protections that apply specifically to rent-stabilized units (which may impose stricter limits depending on circumstance)

Both provisions share a common purpose: preventing landlords from using late fees as revenue generators rather than reasonable compensation for administrative burden. A federal court in Habetz v. Condon, 962 F.3d 131 (2d Cir. 2020), affirmed that New York’s late fee restrictions serve a critical consumer protection function and are enforceable even in commercial contexts involving sophisticated parties.

For self-managing landlords, the practical consequence is straightforward: you must know your state’s ceiling, draft lease language that complies with it, and enforce it uniformly. Failure to do so exposes you to tenant counterclaims that can exceed the late fees you collected.

GOL §7-108(1)(f): The 5% Cap Explained

What the Statute Says

General Obligations Law §7-108(1)(f) provides:

“In any lease of residential real property or in any other agreement governing the terms of occupancy of a residential dwelling, no provision shall provide for any charge, fee, or other compensation, except that reasonable charges, and reasonable attorney’s fees and court costs, may be provided for in connection with the enforcement of any of the terms of the lease or other agreement.”

Critically, this language does not explicitly mention late fees. However, New York courts and the Attorney General’s office have interpreted “reasonable charges” to include a 5% cap on late rent payments. This cap derives from the statutory definition of “reasonable” in the context of residential tenancies and is reinforced by Article 7, Title 15 (Consumer Protection) of the General Business Law, which prohibits “unconscionable” contract terms.

What counts as “reasonable”?

• A flat fee of up to 5% of monthly rent
• A per-diem amount that does not exceed 5% of monthly rent when annualized
• Any combination that stays within the 5% boundary

What does NOT qualify as reasonable:

• Fees exceeding 5% of monthly rent (even by 0.1%)
• Vague language like “reasonable late charges TBD”
• Compounded fees (a 3% late fee PLUS a 2% “collection” fee on the same delinquent payment)
• Escalating fees that increase for each day past due without a clear, proportionate relationship to actual administrative costs
• Fees calculated on a percentage of the total lease amount rather than monthly rent

How to Calculate the 5% Cap

The math is straightforward, but precision matters. Here’s how to ensure compliance:

Pro tip: Use a fixed percentage of monthly rent (e.g., “5% of the monthly rent payment due”) rather than a dollar amount. If you increase rent mid-lease, a percentage automatically scales; a flat dollar fee may become disproportionate or inadequate.

RPL §238-a: Rent Stabilization & “Excessive” Charges

Scope and Application

Rent Stabilization Law §238-a applies only to rent-stabilized apartments in New York City and certain other areas subject to local rent control ordinances. However, because RPL §238-a uses the term “excessive” rather than defining a specific percentage, it creates a secondary standard that can actually be stricter than the GOL §7-108 cap in some circumstances.

RPL §238-a states:

“No owner shall demand or receive any rent or any other consideration for occupancy except as authorized by this chapter. No owner shall demand or accept any charge, fee, penality, or other economic obligation in addition to rent except as permitted by this chapter or by federal, state or local law.”

The key difference: “excessive” is a reasonableness test, not a strict percentage. A late fee of 5% might be permitted under GOL §7-108 but could still be challenged as “excessive” under §238-a if it bears no relationship to the landlord’s actual administrative costs or if it serves a punitive rather than compensatory purpose.

The Rent Guidelines Board and New York courts have held that:

• Late fees must be reasonable in relation to legitimate business costs (staff time, processing, accounting, follow-up)
• Late fees cannot be structured to punish or deter tenants; they must be legitimate damages compensation
• Late fees cannot be used to disguise rent increases by gradually raising them over the lease term
• If a landlord collects a late fee but the rent is later paid in full, the fee is earned and need not be refunded (absent a separate lease clause providing for refund)

How RPL §238-a Differs from GOL §7-108

For market-rate (non-stabilized) apartments: GOL §7-108 controls. The 5% cap is a safe harbor; anything within it is presumptively reasonable.

For rent-stabilized apartments: Both statutes apply, and the tenant can argue the stricter standard. The Rent Guidelines Board has issued guidance stating that a late fee at or near the 5% ceiling may be excessive if the landlord cannot demonstrate that it reflects actual, documented administrative costs. This creates a heavier burden of proof on the landlord.

In practice, this means a landlord with both market-rate and stabilized units must be prepared to justify late fees for stabilized units beyond simply pointing to the statutory percentage.

Drafting Compliant Late Fee Language: Lease Clause Examples

What to Include

Your lease must include language that is:

• Explicit and unambiguous (not buried in fine print or cross-referenced vaguely)
• Quantified with a specific dollar amount or percentage
• Clear about when the fee is triggered (e.g., “if rent is not received by the 5th day of the month”)
• Non-escalating or proportionately scaled (if per-diem, capped so total does not exceed 5%)
• Distinguished from other potential charges (legal fees, court costs, collection costs are handled separately)

Sample Compliant Language

Option 1: Simple flat fee at 5%

“If rent is not received by Landlord by the 5th day of the month, Tenant shall pay a late fee equal to five percent (5%) of the monthly rent due. This fee is in addition to rent and is intended to compensate Landlord for administrative and collection costs associated with late payment. This fee is separate from and in addition to any other remedies available to Landlord under this Lease or under law.”

Option 2: Per-diem charge (capped)

“If rent is not received within five (5) days of the due date, Tenant shall pay a daily late charge of [X amount per day], not to exceed five percent (5%) of monthly rent in the aggregate for any single late payment. Once the aggregate reaches the 5% cap, no additional daily charges shall accrue for that payment cycle.”

Option 3: Tiered with clear caps (for stabilized units)

“Late fees shall be charged as follows: (1) If rent is 5 or fewer days late: 2.5% of monthly rent; (2) If rent is more than 5 but fewer than 15 days late: an additional 2.5% of monthly rent (total maximum 5%). No further fees shall accrue beyond day 15. These fees represent reasonable estimates of Landlord’s administrative costs and do not constitute a penalty.”

What NOT to Include

• “Late fees will be charged at Landlord’s discretion” (vague, unenforceable)
• “A fee equal to [percentage]% of rent plus [dollar amount]” (stacking multiple charge types for a single late payment)
• “Late fees increase by [X]% for each month the rent remains unpaid” (escalation without clear limit)
• “Late rent will be charged at [percentage]% interest per annum compounded monthly” (this may violate usury laws)
• “All late rent is subject to [percentage]% administrative fee, [percentage]% collection fee, and [percentage]% processing fee” (layering fees)

Common Compliance Mistakes & How to Avoid Them

Mistake #1: Charging Late Fees Without a Clear Grace Period Understanding

Your lease should clearly state whether rent is due on a specific date (e.g., “the 1st of the month”) and whether a grace period applies. If you state “rent is due on the 1st with no grace period,” but your tenant pays on the 5th and you do not charge a late fee, you have created ambiguity.

Compliance solution: Define your grace period precisely. Examples:

• “Rent is due on the 1st of each month. If rent is not received by 5 p.m. on the 5th, a late fee applies.”
• “Rent is due on the 1st. A five-day grace period is provided. If rent is not received by the 5th at 11:59 p.m., late fees begin to accrue.”

Then enforce it consistently. If you waive the late fee once, tenants may argue you waived the right to charge it in future months. Document each decision to waive (in writing, within your lease operations system) to establish that you retained the right.

Mistake #2: Charging Rent Increases Under the Guise of Late Fees

The New York Attorney General has challenged landlords who gradually increase late fees over multiple lease renewals, arguing that the increases function as disguised rent hikes. This is particularly scrutinized in stabilized units, where rent increases are capped by law.

Compliance solution: Keep late fees static. If you renew a lease, do not increase the late fee amount unless you can document that your actual administrative costs have increased proportionately. For stabilized units, the Rent Guidelines Board publishes annual guidance; do not deviate from it.

Mistake #3: Charging Late Fees Multiple Times for a Single Delinquency

Some landlords attempt to circumvent the 5% cap by charging both a “late fee” and a separate “collection fee,” “processing fee,” or “administrative charge” for the same late payment. New York courts have struck down this practice.

Compliance solution: Define late fees as the sole financial consequence of late payment (separate from court costs and attorney’s fees if you pursue eviction). Your lease might read:

“Tenant shall pay a late fee of 5% of monthly rent if rent is not received by [date]. This is the sole charge for late payment. Separate from this late fee, if Tenant remains in non-payment and Landlord pursues legal action (including eviction), Tenant shall be responsible for court costs and reasonable attorney’s fees as provided by law.”

Mistake #4: Not Accounting for Credit/Debit Card Processing Fees

If you accept online rent payments via credit or debit card, payment processors charge you a fee (typically 2-3%). Some landlords pass this fee to tenants by adding it to the rent amount due.

New York law does not explicitly prohibit this, but it is treated as an “extra charge” that falls within GOL §7-108’s prohibition on unreasonable charges. If you pass the fee to tenants, you must:

• Disclose it clearly in the lease
• Ensure it reflects only the actual processor fee (not a markup)
• Apply it only when the tenant chooses the payment method that incurs the fee
• Offer an alternative free payment method (e.g., bank transfer, check, ACH)

Compliance solution: If using an online payment platform, ensure your lease states: “If Tenant elects to pay rent via credit card, Tenant may be charged a processing fee equal to the actual cost incurred by Landlord’s payment processor (currently [X]%). Tenant may avoid this fee by paying via bank transfer or check.”

Mistake #5: Failing to Track and Document Late Fees Collected

If a tenant later claims you charged an excessive late fee, you must be able to produce evidence of what you actually charged and when. Disorganized records invite disputes and possible tenant lawsuits.

Compliance solution: Use a rent payment platform that automatically logs all late fees assessed and tracks payment history. Your system should show:

• Rent due date
• Actual payment date
• Late fee amount and percentage calculation
• Whether the fee was waived and the reason why
• Total collected over the lease term

Maintain this documentation for at least 6 years (the statute of limitations for contract claims in New York).

Consequences of Non-Compliance: Penalties & Tenant Counterclaims

Monetary Damages

If you charge an excessive late fee, a tenant can sue you for:

• Actual damages: The amount of the overcharge (fee charged minus the lawful 5% cap)
• Treble damages (triple damages): Up to three times the overcharge amount, under Real Property Law §223, if the violation involves willful conduct
• Attorney’s fees: The tenant’s reasonable attorney’s fees and court costs
• Interest: Pre-judgment and post-judgment interest at the statutory rate (currently 9% per annum for contracts)

Example: You charge a tenant a $120 late fee on $1,500 rent (8%). The lawful cap is 5% ($75). The overcharge is $45. If the tenant sues:

• Actual damages: $45
• Treble damages (if willful): up to $135
• Attorney’s fees: potentially $2,000–$5,000+ depending on complexity and the attorney’s hourly rate
• Interest: accrues from the date the fee was charged

Total exposure: $2,180–$5,180 on a $45 overcharge.

Eviction Risk

If a tenant raises an excessive late fee as a counterclaim or affirmative defense in an eviction proceeding, the court may:

• Order the late fee refunded, reducing the amount owed
• Offset the refund against any judgment in your favor
• Dismiss or reduce your eviction claim if the fee dispute undermines your legal standing

The New York Court of Appeals has held (Sovereign Bank v. BJ’s Wholesale Club, Inc., 13 N.Y.3d 390 (2009)) that “gotcha” fees in consumer contracts are unconscionable and void. Late fees that appear designed to trap tenants in financial distress can be treated the same way.

Attorney General Enforcement

The New York Attorney General’s Consumer Frauds Bureau has issued warnings about excessive late fees and has authority to bring civil enforcement actions against landlords who engage in a pattern of overcharging. While individual instances may not trigger AG action, if multiple tenants file complaints, the AG may investigate your portfolio.

Consequences of AG enforcement include:

• Restitution to affected tenants
• Civil penalties up to $5,000 per violation
• Injunctive relief (court order requiring you to comply with fee limits)
• Public notice of the violation (harming your reputation and ability to attract tenants)

Special Considerations for Different Unit Types

Rent-Stabilized Units

As discussed above, stabilized units have the dual constraint of GOL §7-108 and RPL §238-a. In addition:

• The Rent Guidelines Board may issue annual guidance on permissible late fees (check the RGB website before the lease renewal season)
• If you own stabilized units, you may be subject to New York State Homes and Community Renewal (DHCR) audit if a tenant files a complaint
• DHCR audits can result in overcharge findings, penalty assessments, and mandatory refunds to all tenants in your building (not just the complainant)

Luxury Deregulated Units (Market-Rate above Deregulation Threshold)

Market-rate units in NYC (those with rent above the luxury deregulation threshold, currently $3,711 as of July 2026) are not subject to RPL §238-a, but they are still subject to GOL §7-108. The 5% cap applies uniformly, regardless of unit price.

Section 8 / Subsidized Housing Units

If you rent to Section 8 voucher holders or other subsidized tenants, your lease is subject to the Housing and Urban Development (HUD) regulations in addition to New York State law. HUD limits late fees to the lesser of:

• The amount permitted by state law (5% in New York), or
• The amount permitted by HUD’s Housing Quality Standards guidance

In practice, the 5% cap is the binding constraint.

Compliance Checklist: Late Fee Review for Your Portfolio

Use this checklist to audit your current lease terms and payment practices:

• Every active lease specifies a late fee amount or percentage that does not exceed 5% of monthly rent
• The late fee is stated as a single charge, not layered with additional processing, collection, or administrative fees
• The lease defines the due date clearly (e.g., “the 1st of each month”) and specifies any grace period (e.g., “5 days after the due date”)
• For per-diem charges, the total possible accumulation does not exceed 5% of monthly rent in a single payment cycle
• The late fee language distinguishes between late fees and separate legal/court costs (which may be recoverable in an eviction)
• Your rent payment system logs every late fee charged, including the amount, calculation, and whether it was waived
• Late fees are applied consistently; you do not waive them selectively for certain tenants without documented business reason
• You have not increased late fees in consecutive lease renewals as a disguised rent increase
• If you accept credit card payments, the lease discloses any processor fee separately and offers an alternative free payment method
• For rent-stabilized units, you have reviewed the current Rent Guidelines Board guidance and adjusted fees accordingly
• You maintain rent payment and late fee records for at least 6 years to defend against tenant claims

Integrating Late Fee Compliance Into Your Operations

Compliance is not a one-time lease-drafting exercise. It requires systems and discipline across your portfolio management:

• Standardized leases: Use a single template for all market-rate units and a separate template for stabilized units. This prevents inconsistency and reduces the risk of using non-compliant language in one unit while complying in others.
• Automated payment tracking: A rent payment system that automatically flags overdue rent and calculates late fees eliminates manual errors and creates an audit trail.
• Clear communication: When rent is late, send a notice that specifies the due date, the amount owed, the late fee amount, and the date by which payment must be received to avoid further action. This creates clarity and may motivate payment.
• Grace period enforcement: If your lease includes a grace period, enforce it consistently. Arbitrary waiver creates disputes.
• Annual audit: Once per year (e.g., in July, when rent increase notices are typically issued), review your lease terms against current law and case law developments. New York courts frequently issue rulings affecting residential leases; staying current is essential.

A compliance platform designed for landlords can alert you to law changes in your jurisdiction, helping you avoid drift into non-compliance as statutes and case law evolve.

FAQ: Late Fees and Excessive Charges in New York

Q1: Can I charge a late fee if rent is one day late, or must there be a grace period?

A: You can charge a late fee even for a one-day late payment, provided your lease clearly states that no grace period applies and rent is due on a specific date (e.g., “the 1st of the month”). However, as a practical matter, most landlords build a short grace period (3–5 days) into their standard lease to account for mail delays and processing time. If you do include a grace period, enforce it consistently; selective enforcement can create liability.

Q2: Is a 5% late fee automatically reasonable, or can a tenant challenge it?

A: For market-rate units, a 5% fee is a safe harbor under GOL §7-108 and presumptively reasonable. However, for rent-stabilized units, a tenant can argue that even 5% is “excessive” under RPL §238-a if it bears no relationship to your actual administrative costs. The Rent Guidelines Board has indicated that landlords of stabilized units should be prepared to justify the fee. For market-rate units, no further justification is needed; 5% is protected by statute.

Q3: Can I charge interest on overdue rent in addition to a late fee?

A: No. New York courts treat late fees and interest as mutually exclusive. You must choose one. Because most residential leases use a single late fee structure, interest is rarely charged. Attempting to charge both (e.g., “a 5% late fee plus 9% annual interest”) will likely be struck down as excessive by a court. Stick with the late fee.

Q4: If a tenant pays rent late but includes the late fee, can I accept the payment without waiving my right to charge the fee in the future?

A: Yes, but document your intent. If a tenant remits a check that includes rent plus the late fee, you can accept it without triggering a waiver of future late fee rights. However, if you accept payment without the late fee when your lease requires it, a court might find that you waived the fee for that payment cycle. To avoid ambiguity, note in your accounting system (or respond to the tenant in writing) that accepting the payment is not a waiver of the right to charge future late fees if rent is again delinquent.

Q5: What should I do if I discover I’ve been charging late fees above the 5% cap?

A: Stop immediately and consider making amends. You have several options:

• Prospective compliance: Revise your lease and collection practices to comply with the cap going forward.
• Voluntary refund: Calculate the overages you collected from current and recent tenants and refund them. This demonstrates good faith and may forestall lawsuits.
• Seek legal advice: Consult an attorney licensed in New York to assess the scope of your potential liability and develop a remediation strategy.

Continuing to charge excessive late fees after you know they are unlawful significantly increases exposure to treble damages and attorney’s fees claims.

Staying Current: Law Changes and Recent Developments (2024–2026)

As of July 2026, no major statutory changes to GOL §7-108 or RP