(1) A provision in a recorded instrument affecting real property is void and unenforceable, as being against the policy of this state of promoting housing availability and affordability and affirmatively furthering fair housing as defined in ORS 197A.100, if, within an urban growth boundary as defined in ORS 197.015, the provision would allow the development of a single-unit dwelling on the real property but would prohibit the development of, or the partitioning or subdividing of lands under ORS 92.031 for

(a) Middle housing, as defined in ORS 197A.420; or

(b) An accessory dwelling unit allowed under ORS 197A.425.

(2) A provision in a recorded instrument affecting real property is not enforceable if the provision would allow the development of a single-unit dwelling on the real property but would prohibit the development of:

(a) A manufactured dwelling, as defined in ORS 446.003; or

(b) A prefabricated structure, as defined in ORS 197A.015.

(3) Subsection (2) of this section applies only to an instrument executed on or after January 1, 2026.

Note: Section 8, chapter 476, Oregon Laws 2025, provides:

Sec. 8. ORS 93.277 applies to instruments executed before, on or after January 1, 2021. [2025 c.476 §8]

Note: 93.277 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 93 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.