HB 4123: What Bend Landlords Need to Know for 2026

If you own or manage rental properties in Bend, Oregon, new tenant privacy laws are coming in 2026 that will significantly change how you handle tenant data. Landlords and property managers often collect sensitive personal information—like financial, employment, and contact details—from tenants and applicants. Mishandling or improperly sharing this information will soon carry serious legal consequences.

Oregon House Bill 4123 (HB 4123) is a new statewide law that establishes strict rules and penalties for the use and disclosure of tenant and applicant data. Once signed by Governor Kotek, it will update and expand ORS Chapter 90, Oregon’s residential landlord-tenant law.

At Big Eddy Property Management, we’ve closely monitored this legislation to help Bend property owners and managers understand the new rules and avoid costly violations. This guide provides an overview of HB 4123, but it’s not a replacement for expert legal advice. For further details, consult the full HB 4123 text, ORS Chapter 90, or a qualified attorney.

What is Oregon HB 4123?

HB 4123 establishes strict guidelines for how landlords and property managers handle tenant and applicant "confidential information." It treats rental data as seriously as medical records, allowing disclosure only under very specific circumstances outlined in ORS Chapter 90. These rules apply to all rental property owners, managers, and agents in Oregon.

For guidance on compliance and best practices, visit the Oregon Rental Housing Association or consult a qualified attorney.

Penalties for Non-Compliance

Violating HB 4123 can lead to steep penalties, even if no harm is caused to the tenant or applicant:

• Statutory Damages: Each violation carries damages equal to twice the tenant’s monthly rent.
• Strict Liability: Landlords are liable for any prohibited disclosure, regardless of intent.
• Per-Violation Penalties: Each incident of improper disclosure is treated as a separate violation, multiplying liability.

For example, with Bend’s average rent over $2,500, a single violation could cost $5,000 or more. Multiple violations, such as exposing multiple tenants’ information in one email, can rapidly increase penalties. There is no "good faith" exemption under HB 4123.

What Qualifies as "Confidential Information"?

HB 4123 broadly defines confidential information. Without specific written consent or a court order, landlords cannot share or disclose:

• Personal Identifiers: Social Security numbers, ITINs, birthdates, and government-issued IDs.
• Contact Details: Private phone numbers, email addresses, and residential addresses.
• Financial Records: Tax forms, income verification, bank details, and public assistance status.
• Employment Information: Employer details or work history.
• Protected Status: Immigration status, disability records, and protected class information.
• Legal and Medical Records: Information related to medical conditions, domestic violence, or tenant rights.

Treat all tenant data as highly sensitive unless you have explicit, documented consent for its use.

Five Key Compliance Risks

1. Administrative Subpoenas Aren’t Enough

Tenant information can only be disclosed under a court-issued warrant or subpoena—not an administrative subpoena from a government agency.

2. Strict Limits on Reference Checks

You can only share tenancy dates, payment history, and documented lease violations. Do not disclose income, public assistance details, or protected status without written consent.

3. Extra Protection for Domestic Violence Survivors

The law prioritizes privacy for survivors of domestic violence, stalking, or sexual assault. Unauthorized disclosure of their information can lead to immediate liability.

4. Prohibition on Immigration Status Disclosure

Landlords cannot inquire about or disclose tenants’ immigration or citizenship status unless required by a court order.

5. Lease Clauses Aren’t Sufficient

General lease agreements don’t fulfill HB 4123 requirements. Consent must be explicit, specific, and provided separately from the lease.

Legal Exceptions

There are limited circumstances where disclosure is allowed:

• Tenant Consent: Written, explicit consent specifying what information can be shared and with whom.
• Operational Necessity: Sharing a tenant’s phone number for maintenance purposes, as allowed under ORS 90.315.
• Legal Use: Disclosures necessary for legal claims, collections, or eviction proceedings.
• Judicial Order: Complying with court-issued warrants or subpoenas.

Always document disclosures and their legal basis.

Preparing for HB 4123 Compliance

HB 4123 takes effect 91 days after the 2026 legislative session ends, with full enforcement expected by summer 2026. Here’s how to prepare:

1. Audit Tenant Files: Secure tenant records, limit access, and document who has access.
2. Update Reference Check Protocols: Train staff to follow strict, legally-vetted scripts for reference checks.
3. Revise Lease Forms: Work with legal counsel to create compliant, stand-alone consent forms.
4. Train Staff and Vendors: Ensure anyone handling tenant data understands their legal obligations.
5. Secure Data Systems: Confirm that your software and storage systems meet privacy standards.

For more details, consult the Oregon Rental Housing Association or seek advice from a qualified attorney.

Navigating evolving tenant privacy laws can be complex, but Big Eddy Property Management is here to help. Contact us for professional guidance to ensure your properties and practices comply with HB 4123.