What is Oregon House Bill 4123 and how does it affect owners?

Oregon’s residential rental landscape is known for its rigorous regulatory framework, and House Bill 4123 introduces one of the state’s most significant privacy-focused additions to Oregon Revised Statutes (ORS) Chapter 90.

Enacted during the 2026 legislative session as Chapter 61, HB 4123 imposes strict statutory restrictions on how landlords, property managers, and housing providers handle, share, and protect the confidential personal records of applicants and tenants. For housing providers and real estate investors across the state, this legislation demands an immediate review of daily administrative operations, screening workflows, and file management practices.

What Is House Bill 4123?

At its core, HB 4123 establishes a legal framework protecting personal and financial privacy within residential tenancies. Prior to this bill, while general fair credit reporting and identity theft statutes existed, Oregon landlord-tenant law lacked an explicit, comprehensive standard detailing what private information housing providers could legally disclose to third parties.

HB 4123 closes that gap by prohibiting landlords and housing providers from disclosing “confidential information” belonging to any tenant, former tenant, rental applicant, or member of their household, subject only to narrowly defined legal exceptions.

What Qualifies as “Confidential Information”?

Under Section 2 of the measure, protected data encompasses far more than Social Security numbers. The statute explicitly defines confidential information to include:

• Identification: Social Security numbers (SSNs), Individual Taxpayer Oregon Identification Numbers (ITINs), government-issued IDs, and dates of birth.

• Direct Contact Info: Personal phone numbers and email addresses.

• Financial & Employment Records: Banking details, tax returns, W-2 statements, sources of income, government assistance documentation, and employer contact or identification.

• Protected Classes & Legal Status: Immigration status, citizenship, and membership in any protected class under ORS 659A.425.

• Sensitive Records: Medical history, disability documentation, and records related to domestic violence, sexual assault, or stalking protections under ORS Chapter 90 or the federal Violence Against Women Act (VAWA).

Notably, a tenant’s basic name is not classified as confidential information under the act, allowing normal administrative functions like leasing announcements or package deliveries.

The Permitted Exceptions: When Can Owners Share Data?

The statute does not ban communication outright; instead, it establishes an “opt-in / strict exception” rule. Property owners and their authorized property management agents may only convey confidential data under seven statutory conditions:

1. Written Consent: When the individual provides separate, written authorization for disclosure.

2. Judicial Orders: Under a court order, judicial warrant, or judicial subpoena (administrative subpoenas/warrants do not qualify).

3. Screening & Credit Checks: As necessary to run credit, eviction, and criminal background checks during tenant screening.

4. Maintenance & Utility Coordination: Sharing a phone number or email solely with maintenance contractors, repair technicians, or utility providers to perform required services or repairs.

5. Reference Inquiries: Providing references to prospective future landlords upon inquiry.

6. Legal & Claims Defense: Disclosing details necessary for insurance claims, collection efforts, or active administrative and court proceedings.

7. Affordable Housing Compliance: Sharing compliance reports with government auditors, grantors, or tax-credit compliance agencies.

How HB 4123 Directly Affects Property Owners

For rental property owners—from single-unit mom-and-pop landlords to large multi-family asset managers—HB 4123 impacts daily operations in three major areas:

1. Severe Financial Penalties for Knowing Violations

The bill gives tenants private right-of-action enforcement teeth. If a housing provider knowingly violates the statute by improperly disclosing protected information, the affected individual can recover statutory damages equal to twice the monthly rent of the tenancy or prospective tenancy. A careless leak of an applicant’s paystub or a tenant’s immigration status could easily trigger thousands of dollars in liability per incident.

2. Due Diligence in Real Estate Transactions

When an owner puts an occupied rental property on the market, prospective buyers and lenders routinely request tenant files, leases, and payment histories. Under HB 4123, sellers cannot simply hand over raw tenant files containing bank statements, pay stubs, driver’s licenses, or emergency contact forms without explicit redactions or written tenant consent. Owners must sanitize all due-diligence packets to ensure only lawful records (e.g., redacted leases, ledgers) are shared.

3. Contractor & Vendor Management

Landlords often share tenant contact details with third-party painters, plumbers, or HVAC technicians. Under HB 4123, you can share an email or phone number for maintenance coordination, but sharing additional context (such as why a tenant is home during the day, medical accommodations, or secondary personal details) constitutes a violation.

Recommended Best Practices for Housing Providers

• Audit Digital and Physical Storage: Lock away paper application files and transition Oregon digital storage to role-based access to minimize accidental data exposure.

• Implement Redaction Protocols: Never distribute unredacted tenant applications or income verification forms to lenders, prospective buyers, or appraisers.

• Update Consent Forms: Incorporate standalone disclosure consent addenda into your rental application packets.

• Train Staff and Contractors: Educate on-site leasing staff and maintenance coordinators on what constitutes confidential information under the new law

Contact Us

Successfully marketing a rental property is no longer about hanging a “For Rent” sign in the front yard. By conducting a clear assessment of your location, tailoring amenities to specific tenants personas, and executing a polished online marketing campaign, you transform your rental into a sought-after home. The result? Shorter vacancies, higher rental yields, and quality tenants who respect and care for your investment.

To learn more the property management services that we can offer you by calling us at (503) 646-9664 or click here to connect with us online. Speak to a real team of experienced property managers who will help you to finally start enjoying passive income from your rental property again.