Coulter Property Management, Inc. v. James

This is a landlord-tenant personal injury action. We address two questions on review: First, do the habitability requirements of the 1991 version of the Oregon Residential Landlord and Tenant Act (RLTA), ORS 90.100 et seq. (1991) require that a tenant prove that the landlord knew or should have known of an alleged habitability violation? Both the circuit court and the Court of Appeals concluded that the 1991 RLTA requires proof of actual or constructive knowledge. Coulter Property Management, Inc. v. James, 138 Or App 568, 910 P2d 397 (1996). However, we recently reached the opposite…