OAR Chapter 813 — Oregon Housing and Community Services Department

Division 2 AFFORDABLE RENTAL HOUSING DIVISION RULES

Or. Admin. R. 813-002-0005 Temporary rule language in effect until 01/08/2027. Purpose and Objectives

OAR Chapter 813, Division 2 establishes the rules and guidelines for the Affordable Rental Housing (ARH) Division within the Oregon Housing and Community Services Department (OHCS). Division 2 is designed to govern the ARH Oregon Centralized Application (ORCA) process.

History

Statutory/Other Authority: ORS 458.210 - 458.740, HB 3395 (2023), ORS 456.250 - 456.395, ORS 456.500 - 456.723 & ORS 458.210 - 458.740
Statutes/Other Implemented: ORS 458.210 - 458.740, HB 3395 (2023), ORS 456.250 - 456.395 & ORS 458.210 - 458.740
OHCS 18-2026, temporary amend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 37-2024, adopt filed 09/26/2024, effective 10/01/2024
OHCS 13-2024, temporary adopt filed 05/29/2024, effective 05/29/2024 through 11/24/2024

Or. Admin. R. 813-002-0010 Definitions

The following words and terms have the following meanings unless the context would clearly indicate otherwise.

(1) “Applicant” means any sponsor or developer or other entity related to a Project applying for funding from OHCS through the ORCA process or otherwise on behalf of that Project.

(2) “ARH” means the Affordable Rental Housing Division within OHCS which provides financial resources to create and preserve quality, affordable rental housing for Oregonians. ARH is also responsible for overseeing long-term property performance and programmatic compliance of OHCS federal and state development investments, permanent supportive housing funding, and the United States Department of Housing and Urban Development’s (HUD) rent-assisted portfolio of housing.

(3) “Co-Developer” or “Developer” means an organization with a controlling interest in the proposed or funded Project and that is or will be compensated for that controlling interest..

(4) “Co-Sponsor or “Sponsor” means an individual, group, or organization that provides resources, support, and leadership to the Project team and generally “owns” the affordable housing development Project.

(5) “Developer Consultant” means an individual or entity contracted to provide guidance and support to the Applicant to structure the project, its funding, and/or seeing its through completion.

(6) “Funding” means financial support from ARH, including loans, grants, bonds, or other types.

(7) “Funding Process” means the method ARH employs to receive prospective project applications in order to distribute Funding for Affordable Rental Housing projects in Oregon. This may include the ORCA or a different Funding Process.

(8) “Funding Recipient” means an Applicant that has been awarded Funding for their project.

(9) “Oregon Centralized Application” or (“ORCA”) means the integrated entry point for an Applicant to request an affordable housing subsidy from ARH. The ORCA process is divided into various steps in which applicants provide increasing levels of information from project concept to commitment.

(10) “Project Owner” means the entity that acts as the responsible party for a project once the project has been funded and established.

(11) “ARH Predevelopment and Pipeline Technical Advisory” means assistance and guidance provided to Applicants as they engage with the Funding Process and move through the ARH development pipeline.

History

Statutory/Other Authority: ORS 456.250 - 456.395, ORS 456.500 - 456.723 & ORS 458.210 - 458.740
Statutes/Other Implemented: ORS 456.250 - 456.395, ORS 456.500 - 456.723 & ORS 458.210 - 458.740
OHCS 37-2024, adopt filed 09/26/2024, effective 10/01/2024
OHCS 13-2024, temporary adopt filed 05/29/2024, effective 05/29/2024 through 11/24/2024

Or. Admin. R. 813-002-0015 Temporary rule language in effect until 01/08/2027. Governance and Decision Making

(1) ARH may develop, review, and propose changes to policies as necessary to address evolving housing needs, market conditions, and legislative mandates.

(2) The General Policy and Guideline Manual (GPGM) dated July 13, 2026, as amended from time to time, is incorporated into this Division 2 by reference. The GPGM may be accessed on the OHCS webpage.

(3) The Oregon Centralized Application (ORCA) Manual dated July 13, 2026, as amended from time to time, is incorporated into this Division 2 by reference. The ORCA Manual may be accessed on the OHCS webpage.

History

Statutory/Other Authority: 456.250 - 456.395, 456.500 - 456.723 & 458.210 - 458.740
Statutes/Other Implemented: 456.250 - 456.395, 456.500 - 456.723 & 458.210 - 458.740
OHCS 18-2026, temporary amend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 37-2024, adopt filed 09/26/2024, effective 10/01/2024
OHCS 13-2024, temporary adopt filed 05/29/2024, effective 05/29/2024 through 11/24/2024

Or. Admin. R. 813-002-0020 Public Input

(1) Public feedback may be provided to ARH using the Housing Stability Council public feedback process which is published on the OHCS website.

(2) ARH Funding Applicants and prospective Applicant input may also be provided to ARH through the OHCS General Housing email inbox at app.team@hcs.oregon.gov.

(3) Project Owners that receive ongoing OHCS compliance monitoring may also provide feedback regarding ARH policies by using the methods listed above or by contacting the ARH staff member responsible for monitoring their project.

(4) Tenants residing in properties that receive ongoing OHCS compliance monitoring may provide feedback regarding ARH policies by using the methods listed in this section.

(5) Public feedback will be taken under consideration by ARH. ARH will retain sole discretion for final decision-making regarding the feedback provided by the public.

History

Statutory/Other Authority: 456.250 - 456.395,, 456.500 - 456.723 & 458.210 - 458.740
Statutes/Other Implemented: 456.250 - 456.395,, 456.500 - 456.723 & 458.210 - 458.740
OHCS 37-2024, adopt filed 09/26/2024, effective 10/01/2024
OHCS 13-2024, temporary adopt filed 05/29/2024, effective 05/29/2024 through 11/24/2024

Or. Admin. R. 813-002-0025 Funding Applications

(1) The Funding Process may include multiple housing resources. Applications may be accepted on a rolling basis if funding is available.

(2) During the ORCA application process, ARH staff will work with Applicants to assign the best Funding for a project based on the project type, Applicant’s project management experience, eligibility requirements, Funding availability, and other factors as determined by ARH.

(3) Funding may be set aside to assure access and availability for historically underserved areas or Applicants depending on ARH policy goals or resource priorities.

(4) Projects in the ARH development pipeline will move through various steps to receive Funding. Standards tied to these steps may be determined by the unique project needs as well as specific funding types attached to the project.

(5) Movement through the ARH development pipeline steps will be determined by the Applicant’s ability to complete tasks and achieve standards. However, some steps may be time-constrained as determined by ARH. OHCS will provide Applicants with notice of any deadlines for necessary tasks related to the project if failure to complete the task would result in a project restarting a step in the pipeline, denial of funding, or ARH recalling a conditional commitment of the project funding.

History

Statutory/Other Authority: ORS 456.250 - 456.395, ORS 456.500 - 456.723 & ORS 458.210 - 458.740
Statutes/Other Implemented: ORS 456.250 - 456.395, ORS 456.500 - 456.723 & ORS 458.210 - 458.740
OHCS 37-2024, adopt filed 09/26/2024, effective 10/01/2024
OHCS 13-2024, temporary adopt filed 05/29/2024, effective 05/29/2024 through 11/24/2024

Or. Admin. R. 813-002-0030 Technical Advisory

(1) ARH Predevelopment and Pipeline Technical Advisory assistance and guidance may include:

(a) Assistance to Developers in identifying support needed to navigate the Funding Process or ARH development pipeline, strengthen OHCS capacity to build and maintain affordable rental housing, or other areas determined by OHCS.

(b) Offering resources and referrals to Developers.

(c) Guidance regarding difficulties Developers encounter during the Funding Process or while in the ARH development pipeline.

(2) Developers that seek to engage with the ARH Predevelopment and Pipeline Technical Advisors may indicate so at any time throughout the Funding Process. ARH staff may also refer Developers directly to the ARH Predevelopment and Pipeline Technical Advisory team for support.

(3) ARH may establish and enforce a limit on the number of Developers enrolled to receive services from the ARH Predevelopment and Pipeline Technical Advisory team.

(a) If such limits on enrollment are established or enforced, priority enrollment will be provided to entities consistent with the most recent Statewide Housing Plan priorities.

(b) Additional priority engagement with ARH Predevelopment and Pipeline Technical Advisory may be extended to entities that meet priority set-asides offered at the time of engagement.

(4) ARH Predevelopment and Pipeline Technical Advisors support projects in an advisory capacity only. Working with ARH Predevelopment and Pipeline Technical Advisors does not guarantee Funding or preference for any ARH resources. ARH is not liable for any failure of a project to move through the Funding Process to financial close, regardless of the amount of time ARH staff has contributed to supporting an Applicant throughout that process.

History

Statutory/Other Authority: ORS 456.250 - 456.395, ORS 456.500 - 456.723 & ORS 458.210 - 458.740
Statutes/Other Implemented: ORS 456.250 - 456.395, ORS 456.500 - 456.723 & ORS 458.210 - 458.740
OHCS 37-2024, adopt filed 09/26/2024, effective 10/01/2024
OHCS 13-2024, temporary adopt filed 05/29/2024, effective 05/29/2024 through 11/24/2024

Or. Admin. R. 813-002-0035 Funding Allocations

(1) Applications will be evaluated based on standards and requirements published in the Funding Process.

(2) All HSC Funding approvals are considered conditional.

(3) HSC may conditionally approve maximum subsidy amounts, early project parameters, and project restrictions.

(a) Applicants may alter project plans for projects conditionally approved by HSC if the changes are immaterial and do not fundamentally alter the project scope or intent.

(b) Applicants may not alter project plans for projects conditionally approved by HSC if the changes are material and fundamentally alter the project scope or intent. If an Applicant seeks to make such changes, the project must return to HSC for approval of the changes prior to Applicant implementing the change(s).

History

Statutory/Other Authority: 456.250 - 456.395, 456.500 - 456.723 & 458.210 - 458.740
Statutes/Other Implemented: 456.250 - 456.395, 456.500 - 456.723 & 458.210 - 458.740
OHCS 37-2024, adopt filed 09/26/2024, effective 10/01/2024
OHCS 13-2024, temporary adopt filed 05/29/2024, effective 05/29/2024 through 11/24/2024

Or. Admin. R. 813-002-0040 Protests and Judicial Review of Funding Process

(1) A prospective Applicant may protest an ARH Funding Process. Before seeking judicial review, a prospective Applicant must file a written protest with OHCS and exhaust all administrative remedies.

(2) Unless otherwise specified by the ARH Funding Process, a protest must be delivered in writing to OHCS not less than 10 calendar days prior to an application due date. In the case of the ORCA with no due date, a protest must be received during the open application period of the ORCA. Protests of any Funding Process will not affect OHCS Funding decisions that were made prior to OHCS’ receipt of a protest.

(3) A prospective Applicant’s written protest must include the following elements:

(a) Sufficient information to identify the Funding Process that is the subject of the protest;

(b) The grounds that demonstrate how the Funding Process is contrary to law or how the Funding Process is legally flawed;

(d) The relief sought; and

(e) A statement of the desired changes to the Funding Process that the prospective Applicant believes will remedy the conditions upon which the prospective Applicant based its protest.

(4) OHCS will not consider a prospective Applicant’s protest submitted after the timeline established for submitting such protest under this rule, or such different time period as may be provided in the Funding Process. OHCS will consider the protest if it is timely filed and meets the conditions set forth in subsection (3) of this section. OHCS will issue a written determination of the protest no fewer than 30 days after receipt of the protest, unless a written determination is made by OHCS that circumstances exist that justify a shorter time limit. If OHCS upholds the protest, in whole or in part, OHCS may in its sole discretion either issue an addendum reflecting its determination or cancel the Funding Process.

(5) If OHCS receives a protest from a prospective Applicant in accordance with this rule, OHCS may extend application due dates if OHCS determines an extension is necessary to consider and respond to the protest.

(6) Prior to the deadline for submitting a protest, a prospective Applicant may request that OHCS clarify any provision of the Funding Process. OHCS’ clarification to a prospective Applicant, whether orally or in writing, does not change the Funding Process and is not binding on OHCS unless OHCS modifies the Funding Process by addendum.

(7) If the protest is mailed, the envelope containing the request for review must:

(a) Be marked PROTEST;

(b) Identify the project or prospective applicant name;

(d) Be mailed to the Department at its main Salem office: Oregon Housing and Community Services, 725 Summer Street NE, Suite B Salem, Oregon 97301

(8) If the protest is electronically mailed, the electronic mail must:

(a) Be marked PROTEST in the subject line;

(b) Identify the project or prospective applicant name in the subject line;

(9) Judicial review of OHCS’ decision relating to a protest to a Funding Process shall be in accordance with ORS 183.480.

History

Statutory/Other Authority: 456.250 - 456.395, 456.500 - 456.723 & 458.210 - 458.740
Statutes/Other Implemented: 456.250 - 456.395 & 458.210 - 458.740
OHCS 37-2024, adopt filed 09/26/2024, effective 10/01/2024
OHCS 13-2024, temporary adopt filed 05/29/2024, effective 05/29/2024 through 11/24/2024

Or. Admin. R. 813-002-0045 Protests and Judicial Review of Funding Decisions

(1) An Applicant may protest the Funding offered to a project, or the intent to award Funding, whichever occurs first, if the following conditions are satisfied:

(a) The Applicant is adversely affected because the Applicant would be eligible to be awarded Funding in the event that the protest was successful; and

(b) The reason for the protest is that:

(A) OHCS has failed to conduct the evaluation of applications in accordance with the criteria or processes described in the Funding Process;

(B) OHCS has abused its discretion in rejecting the protestor’s application; or

(2) An Applicant must file a written protest with OHCS and exhaust all administrative remedies before seeking judicial review of OHCS’ grant award decision.

(3) Unless otherwise specified in the Funding Process, an Applicant must deliver a written protest to OHCS within 7 calendar days after the Applicant has been notified of the Funding decision.

(4) An Applicant’s written protest must specify the grounds for the protest to be considered by OHCS.

(5) OHCS will not consider an Applicant’s grant award protest submitted after the timeline established for submitting such protest under this rule, or such different time period as may be provided in the Funding Process. OHCS will issue a written determination of the protest in a timely manner. If OHCS upholds the protest, in whole or in part, OHCS may in its sole discretion either award Funding to the successful protestor or cancel the Funding Process. Cancellation of a Funding Process will not affect OHCS Funding decisions that were made prior to OHCS’ receipt of a protest.

(6) If the protest is mailed, the envelope containing the request for review must:

(a) Be marked PROTEST;

(b) Identify the project or prospective applicant name;

(d) Be mailed to the Department at its main Salem office: Oregon Housing and Community Services, 725 Summer Street NE, Suite B Salem, Oregon 97301

(7) If the protest is electronically mailed, the electronic mail must:

(a) Be marked PROTEST in the subject line;

(b) Identify the project or prospective applicant name in the subject line;

(8) Judicial review of OHCS’ decision relating to a grant award protest shall be in accordance with ORS 183.480.

History

Statutory/Other Authority: ORS 456.250 - 456.395, ORS 456.500 - 456.723 & ORS 458.210 - 458.740
Statutes/Other Implemented: ORS 456.250 - 456.395, ORS 456.500 - 456.723 & ORS 458.210 - 458.740
OHCS 37-2024, adopt filed 09/26/2024, effective 10/01/2024
OHCS 13-2024, temporary adopt filed 05/29/2024, effective 05/29/2024 through 11/24/2024

Or. Admin. R. 813-002-0050 Protests and Judicial Review of Enforcement Action

(1) An Applicant may protest an OHCS enforcement action if the following conditions are satisfied:

(a) OHCS has abused its discretion in initiating an enforcement action; or

(b) OHCS’ enforcement is in violation of law.

(2) An Applicant must file a written protest with OHCS and exhaust all administrative remedies before seeking judicial review of OHCS’ enforcement action.

(3) Unless otherwise specified in the Funding agreement, an Applicant must deliver a written protest to OHCS within 7 calendar days after OHCS notified an Applicant or a prospective Applicant of its planned enforcement action.

(4) An Applicant or prospective Applicant written protest must specify the grounds for the protest to be considered by OHCS.

(5) OHCS will not consider an Applicant enforcement action protest submitted after the timeline established for submitting such protest under this rule, or such different time period as may be provided in the Funding agreement. OHCS will issue a written determination of the protest in a timely manner. If OHCS upholds the protest, in whole or in part, OHCS may in its sole discretion either modify or cancel the enforcement action.

(6) If the protest is mailed, the envelope containing the request for review must:

(a) Be marked PROTEST;

(b) Identify the project or prospective applicant name;

(d) Be mailed to the Department at its main Salem office: Oregon Housing and Community Services, 725 Summer Street NE, Suite B Salem, Oregon 97301

(7) If the protest is electronically mailed, the electronic mail must:

(a) Be marked PROTEST in the subject line;

(b) Identify the project or prospective applicant name in the subject line;

(8) Judicial review of OHCS’ decision relating to an enforcement action protest shall be in accordance with ORS 183.480.

History

Statutory/Other Authority: 456.250 - 456.395, 456.500 - 456.723 & 458.210 - 458.740
Statutes/Other Implemented: 456.250 - 456.395, 456.500 - 456.723 & 458.210 - 458.740
OHCS 37-2024, adopt filed 09/26/2024, effective 10/01/2024
OHCS 13-2024, temporary adopt filed 05/29/2024, effective 05/29/2024 through 11/24/2024

Or. Admin. R. 813-002-0051 Temporary rule language in effect until 01/08/2027. Compliance Monitoring and Authority

(1) The ARH Division operates a compliance monitoring system to ensure projects receiving ARH funding assistance maintain ongoing compliance with approved project plans. project plans may include but are not limited to the following requirements:

(a) Funding program requirements, and

(b) Relevant regulation including applicable administrative rules (including incorporated manuals), and

(d) Legal agreements, and

(e) Any other ARH requirement which may be enforced at ARH’s sole discretion or otherwise.

(2)(a) The project qwner must maintain all financial records relating to an ARH funded project in accordance with generally accepted accounting principles. The project owner may also maintain other records satisfactory to ARH standards and requirements.

(b) The project owner must maintain all tenant file records relating to an ARH funded project in accordance with state and federal regulations, as well as ARH policies. The project owner may also maintain other records satisfactory to program compliance and ARH standards and requirements.

(c) The project owner must retain and keep accessible all such records, books, documents, papers, plans, records of shipments, payments, and writings throughout the affordability period or for as long as required by the ARH funding agreement.

(d) The project owner must provide requested records, books, documents, papers, plans, records of shipments, payments, and writings to ARH upon request, whether in paper, electronic, or other form, for the purpose of examinations, audits, making excerpts or, transcripts, and taking copies.

(e) The project owner shall retain supporting documents and all other pertinent records with respect to a project until six years after the project affordability period for the respective source of funding ends, or six years after any relevant litigation or audit claim is resolved, whichever is later.

(3) The project owner must provide an annual continued program compliance certification, in a format and on a schedule approved by ARH, that confirms the project owner is fulfilling all obligations required of the funding source(s). ARH may also require the project owner to submit additional information or reports to ARH upon request.

(4) Projects receiving any funding through ARH are subject to regulatory reviews that are required by state, federal, or OHCS program requirements.

(5) The project owner shall cooperate fully with all audits, reviews, and field inspections, or other monitoring actions required by ARH, and shall comply with any resulting correction directives.

(6)(a) The project owner shall act promptly to correct any deficiencies identified by ARH through audits, file or document reviews, field inspections, or any other method of compliance monitoring.

(b)The project owner shall correct deficiencies within thirty 30 to sixty 60 days after notice from ARH, unless earlier correction is required to address material health or safety needs of tenants. If a deficiency is required to be corrected to address the material health or safety needs of tenants, the project owner shall correct such deficiencies within twenty-four hours after notice from ARH.

(c) In the event of a foreclosure, deed in lieu of foreclosure, or similar event with respect to an ARH-funded project, the correction period for the successor for an existing event of noncompliance shall be no less than thirty days from the earlier of the date the successor obtains control or becomes the new project owner.

(d) ARH may, at its sole discretion, extend the thirty-day correction period for up to six months.

History

Statutory/Other Authority: 456.250 - 456.395, 456.500 - 456.723 & 458.210 - 458.740
Statutes/Other Implemented: 456.250 - 456.395, 456.500 - 456.723 & 458.210 - 458.740
OHCS 18-2026, temporary adopt filed 07/13/2026, effective 07/13/2026 through 01/08/2027

Or. Admin. R. 813-002-0053 Temporary rule language in effect until 01/08/2027. Enforcement

(1) The ARH division is authorized to enforce compliance and may take appropriate enforcement actions including, but not limited to, sanctions, fees, charges, recall of conditional commitment to a project funding, and corrective measures to address violations.

(2) Failure to utilize the appeals processes as specified by the applicable OHCS program or ORCA process, may be considered acceptance of the enforcement decisions made by ARH.

History

Statutory/Other Authority: 456.250 - 456.395, 456.500 - 456.723 & 458.210 - 458.740
Statutes/Other Implemented: 456.250 - 456.395, 456.500 - 456.723 & 458.210 - 458.740
OHCS 18-2026, temporary adopt filed 07/13/2026, effective 07/13/2026 through 01/08/2027

Or. Admin. R. 813-002-0055 Fees and Charges

(1) ARH may require the payment of fees and charges as it determines appropriate with respect to the administration of its housing programs and the ORCA or other Funding process requirements. These fees and charges may include, but are not limited to:

(a) The Funding Process application, award, documentation and use of department ARH Funding assistance.

(b) Ongoing compliance monitoring and enforcement of financial, affordability, and habitability requirements.

(2) At its sole discretion, with reasonable justification and authority and under unique circumstances, ARH may reduce certain established fees and charges.

History

Statutory/Other Authority: ORS 456.250 - 456.395, ORS 456.500 - 456.723 & ORS 458.210 - 458.740
Statutes/Other Implemented: ORS 456.250 - 456.395, ORS 456.500 - 456.723 & ORS 458.210 - 458.740
OHCS 37-2024, adopt filed 09/26/2024, effective 10/01/2024
OHCS 13-2024, temporary adopt filed 05/29/2024, effective 05/29/2024 through 11/24/2024

Division 3 INTELLECTUAL PROPERTY

Or. Admin. R. 813-003-0001 Purpose and Objectives

OAR 813, division 003, is promulgated to carry out the provisions of ORS 291.055(c) and 456.562, which relate generally to the Department’s authority to license, share or otherwise provide for the use by a Person of intellectual property acquired or developed by the Department.

History

Statutory/Other Authority: ORS 183 & 456.555
Statutes/Other Implemented: ORS 291.055 & 456.562
OHCS 4-2004, f. & cert. ef. 11-23-04

Or. Admin. R. 813-003-0006 Definitions

(1) “Intellectual Property” as defined in ORS 456.562, means computer programs, software, software tools and data.

(2) “Person” means a person as defined in ORS 174.100, including individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. “Person” also means a federal, state or local government body, a Native American tribe or an agent or representative of a tribe.

(3) “Licensing Agreement” means the binding contractual instrument between the Department and a Person identifying the terms and conditions by which such Person may use Department Intellectual Property.

(4) “Copyright” means a comprehensive privilege to exclusively print, reprint, publish, copy, translate, dramatize, convert, arrange, adapt, complete, execute, finish, deliver in public, perform and transcribe an original work pursuant to federal law, i.e., 17 USC §§ 1-215; 61 Stat., as amended.

(5) “Department” means the State of Oregon, acting by and through the Housing and Community Services Department established pursuant to ORS 456.555.

(6) “Patent” means an instrument from the federal government granting to original inventors, the exclusive right for a period of time to manufacture, sell and use the invention described therein.

History

Statutory/Other Authority: ORS 183 & 456.555
Statutes/Other Implemented: ORS 291.055 & 456.562
OHCS 4-2004, f. & cert. ef. 11-23-04

Or. Admin. R. 813-003-0011 Authority to Acquire, Develop, Use, and Share Intellectual Property

The Department may take actions that it deems necessary and appropriate to acquire, develop, use, and allow other Persons to use Intellectual Property. Such actions may include, but are not limited to applying for Patents or Copyright registrations to perfect or preserve its rights with respect to Intellectual Property, employing Intellectual Property for its own use, and requiring other Persons to execute Licensing Agreements and/or other documents satisfactory to the Department as a condition for licensing, sharing or otherwise obtaining use of Intellectual Property from the Department.

History

Statutory/Other Authority: ORS 183 & 456.555
Statutes/Other Implemented: ORS 291.055 & 456.562
OHCS 4-2004, f. & cert. ef. 11-23-04

Or. Admin. R. 813-003-0015 Guidelines Concerning Acquisition and Use of Intellectual Property

(1) Subject to any superior Patent or Copyright limitations, the Department may, at its reasonable discretion, license, share with, or otherwise provide for the use by a Person of Intellectual Property acquired or developed by the Department. In determining whether or not to allow use of its Intellectual Property, the Department may consider factors including, but not limited to the public interest served in allowing its use, the cost and administrative burden of allowing its use, the furtherance of Department purposes through allowing its use, the potential liability from allowing its use, the Department’s experience with the Person, the reputation in the community of the Person, the ability of the Person to pay an appropriate fee for the use of the Intellectual Property, the Person’s execution of a Licensing Agreement and/or other documents satisfactory to the Department, and the impact of allowing its use on the ability of the Department to acquire or develop additional Intellectual Property.

(2) Unless specified otherwise in these rules, the Department may charge reasonable fees for the licensing, sharing or other use of its Intellectual Property. Payment of fees may be required on any schedule established by the Department.

(3) When the Department determines to license, share with or otherwise allow the use of any Intellectual Property by a federal, state, or local government body, it will do so without charging a fee.

History

Statutory/Other Authority: ORS 183 & 456.555
Statutes/Other Implemented: ORS 291.055 & 456.562
OHCS 4-2004, f. & cert. ef. 11-23-04

Or. Admin. R. 813-003-0021 Guidelines for Training and Technical Assistance

(1) The Department may provide training and other technical assistance to Persons who license, share or otherwise use Department Intellectual Property. In determining whether or not to provide training and other technical assistance, the Department may consider factors including, but not limited to its own staffing needs and capabilities, the public interest to be served, the advancement of Department programs, the needs of the Person for whom training and other technical assistance would be provided, the ability of the Person to apply such training and assistance, the ability of the Person to pay for such training and assistance, the Department’s experience with the Person, the reputation in the community of the Person, and the Person’s execution of a Licensing Agreement and/or other documents satisfactory to the Department.

(2) The Department may charge reasonable fees for providing training and technical assistance with respect to the use of its Intellectual Property. Payment of fees may be required on any schedule established by the Department.

History

Statutory/Other Authority: ORS 183 & 456.555
Statutes/Other Implemented: ORS 291.055 & 456.562
OHCS 4-2004, f. & cert. ef. 11-23-04

Or. Admin. R. 813-003-0025 Fees

(1) As permitted by ORS 456.562 and these rules, the Department may charge reasonable fees for the licensing, sharing or other use of Intellectual Property. The Department also may charge reasonable fees for providing training and other technical support with respect to the use of Intellectual Property.

(2) In establishing reasonable fees, the Department may consider factors including, but not limited to its costs in acquiring, developing, protecting, maintaining, marketing, licensing (or otherwise allowing the use), and monitoring the use of Intellectual Property generally and of the particular Intellectual Property specifically, the demand for Intellectual Property, market rates for similar or comparable products, Department program needs, the nature and resources of the Person to use the Intellectual Property, the purposes for which the Intellectual Property will be used, and the public interest in its use. Considered costs may include, but are not limited to the relevant time, personnel and materials employed, the allocable portion of indirect costs, and reserves for updating, acquiring, developing, and administering the use of Intellectual Property, as well as for contingencies.

(3) Payment of fees shall be made in the amount and at such time, place and manner as the Department may require.

History

Statutory/Other Authority: ORS 183 & 456.555
Statutes/Other Implemented: ORS 291.055 & 456.562
OHCS 4-2004, f. & cert. ef. 11-23-04

Or. Admin. R. 813-003-0031 Warranties; Limitation of Liability

(1) The Department shall make no warranty of any kind, express or implied, with respect to any Intellectual Property — including, but not limited to any warranties of merchantability and fitness for a particular purpose. Any provision in a Licensing Agreement or any other document, or in any statement by an employee or other agent of the Department, purporting to convey any such warranties from the Department is, and shall be deemed, void as an ultra vires act, being made without authority and in contravention of these rules.

(2) The Department’s liability arising out of or based upon the licensing, sharing or otherwise provided use of Intellectual Property, regardless of the form in which any legal or equitable action may be brought, including without limitation any action in tort, contract, or pursuant to statute, shall not exceed any fee paid to the Department for the licensing, sharing or use of the Intellectual Property.

(3) The department shall have no liability for indirect, incidental, consequential, special or punitive damages, lost profits, or loss of goodwill (even if it has been advised of the possibility of such damages), arising out of or relating to the licensing, sharing, other use of its intellectual property, including without limitation such matters as interruptions, delays, loss of data, loss of profit, interruption of service, loss of business or anticipatory profits. The foregoing warranty and limitations are in lieu of all other warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. Any provision in any licensing agreement or other document, or any statement by an employee or other agent of the department purporting to establish any such liability is, and shall be deemed, void as an ultra vires act, being made without authority and in contravention of these rules.

(4) Any Person who licenses, shares or otherwise uses Intellectual Property from the Department, in doing so, agrees to defend, indemnify and hold harmless the Department (consistent with ORS chapter 180) from and against any and all claims, demands, causes of action and liabilities with respect to such license, sharing or other use of the Intellectual Property and/OR any related training or other assistance from the Department with respect to the Intellectual Property.

(5) Any Licensing Agreement or other document providing for the licensing, sharing or other use by a Person of Department Intellectual Property or for training and/or other technical assistance relating to such Intellectual Property, in order to be valid and enforceable against the Department, shall contain language substantially similar to that contained in subparagraphs (1) through (4) of this Section.

History

Statutory/Other Authority: ORS 183 & 456.555
Statutes/Other Implemented: ORS 291.055 & 456.562
OHCS 4-2004, f. & cert. ef. 11-23-04

Or. Admin. R. 813-003-0035 Waiver

The Department may waive or modify any requirements of OAR 813, division 3, unless such waiver or modification would violate applicable federal or state statutes.

History

Statutory/Other Authority: ORS 183 & 456.555
Statutes/Other Implemented: ORS 291.055 & 456.562
OHCS 4-2004, f. & cert. ef. 11-23-04

Division 4 CRIMINAL RECORDS CHECK

Or. Admin. R. 813-004-0001 Confidentiality and Inadmissibility of Mediation Communications

The department is a party or is mediating a dispute as to which the department has regulatory authority. This rule does not apply when the department is acting as the “mediator” in a matter in which the department also is a party as defined in ORS 36.234.

History

Statutory/Other Authority: ORS 36.224 & 36.234
Statutes/Other Implemented: ORS 36.224, 36.228, 36.230, 36.232 & 36.234
OHCS 1-2026, amend filed 01/02/2026, effective 01/02/2026
OHCS 34-2023, amend filed 12/29/2023, effective 01/01/2024
OHCS 21-2023, temporary amend filed 08/29/2023, effective 09/01/2023 through 02/27/2024
OHCS 3-2013, f. & cert. ef. 3-28-13
OHCS 5-2012(Temp), f. & cert. ef. 10-15-12 thru 4-12-13

Or. Admin. R. 813-004-0200 Criminal Background Purpose

The purpose of these rules is to provide for the reasonable screening of subject individuals to determine if they have a history of criminal behavior such that they are not fit to work or volunteer in positions covered in OAR 813-004-0220. The fact that the department determines that a subject individual is fit does not guarantee the individual a position as a department employee, volunteer, contractor or vendor or that the individual will be hired by the department.

History

Statutory/Other Authority: ORS 181.534 & 456.135
Statutes/Other Implemented: ORS 181.534 & 456.569
OHCS 1-2026, amend filed 01/02/2026, effective 01/02/2026
OHCS 1-2013, f. & cert. ef. 1-4-13

Or. Admin. R. 813-004-0210 Definitions

As used in OAR chapter 813, division 4, unless the context of the rule requires otherwise, the following definitions apply:

(1) “Conviction" means a final judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere (no contest) or any determination of guilt entered by a court of law against a subject individual in a criminal case, unless that judgment has been reversed or set aside by a subsequent court decision.

(2) “Criminal Offender Information” means records and related data concerning physical description and vital statistics, fingerprints received and compiled by the Oregon State Police Department to identify criminal offenders and alleged offenders, records of arrests and the nature and disposition of criminal charges, including sentencing, confinement, parole and release records.

(3) “Criminal Records Check” means one or more of the following three processes undertaken by the department to check the criminal history of a subject individual:

(a) A name-based check of criminal offender information conducted through the Law Enforcement Data System (LEDS) maintained by the Oregon State Police Department, in accordance with the rules adopted and procedures established by the Oregon State Police Department;

(b) A check of Oregon Criminal Offender Information, through fingerprint identification and other means, conducted by the Oregon State Police Department at the Department's request (Oregon Criminal Records Check); or

(c) A nationwide check of federal Criminal Offender Information, through fingerprint identification and other means, conducted by the Oregon State Police Department through the Federal Bureau of Investigation or otherwise at the Department's request (nationwide Criminal Records Check).

(4) “Criminal Records Request Form” means a department approved form, completed by a subject individual, requesting a criminal records check.

(5) “False Statement” means, in association with an activity governed by these rules, a subject individual either:

(a) Provided the department with false information about the subject individual’s criminal history, including but not limited to false information about the individual’s identity or conviction record; or

(b) Failed to provide the department information material to determine the individual’s criminal history.

(6) “Fitness Determination” means a determination made by the department, pursuant to the process established under OAR 813-004-0230, that a subject individual is fit or not fit to be a department employee, volunteer, contractor or vendor in a position covered by OAR 813-004-0220.

(7) ”Subject Individual” has a meaning within ORS 181A.195.

History

Statutory/Other Authority: ORS 181.534 & 456.135
Statutes/Other Implemented: ORS 181.534 & 456.569
OHCS 10-2026, amend filed 05/22/2026, effective 05/29/2026
OHCS 1-2026, amend filed 01/02/2026, effective 01/02/2026
OHCS 1-2013, f. & cert. ef. 1-4-13

Or. Admin. R. 813-004-0220 Subject Individual

The department shall require a criminal records check pursuant to these rules because the person:

(1)(a) Is employed by or applying for employment with the department; or

(b) Provides services or seeks to provide services to the department as a volunteer, contractor, or vendor; and

(2) Is, or will be, working or providing services in a position:

(a) In which the subject individual is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems;

(b) In which the subject individual has access to information that state or federal laws, rules or regulations prohibit disclosing or define as confidential;

(d) In which the subject individual has responsibility for receiving, receipting or depositing money or negotiable instruments;

(e) In which the subject individual has responsibility for billing, collections or other financial transactions;

(f) In which the subject individual has responsibility for purchasing or selling property or has access to property held in trust or to private property in the temporary custody of the state;

(g) That has mailroom duties as the primary duty or job function;

(h) That has personnel or human resources functions as one of the position's primary responsibilities;

(i) In which the subject individual has access to social security numbers, dates of birth or criminal background information of employees or members of the public;

(j) In which the subject individual has access to tax or financial information about individuals or business entities.

History

Statutory/Other Authority: ORS 181.534 & 456.135
Statutes/Other Implemented: ORS 181.534 & 456.569
OHCS 10-2026, amend filed 05/22/2026, effective 05/29/2026
OHCS 1-2026, amend filed 01/02/2026, effective 01/02/2026
OHCS 1-2013, f. & cert. ef. 1-4-13

Or. Admin. R. 813-004-0230 Criminal Records Check Process

(1) Disclosure of information by subject individual.

(a) Preliminary to a criminal records check, a Subject Individual must complete and sign the department's Criminal Records Request Form and a fingerprint appointment if required.

(b) A subject individual must complete and submit to the department the Criminal Records Request Form and, if requested, a fingerprint appointment within three business days of receiving the forms. The department may extend the deadline for good cause. The department’s Criminal Records Request Form will require the following information:, name, birth date, social security number, physical characteristics, driver's license or identification card number and current address, prior residences in other states and any other identifying information deemed necessary by the department.

(c) The department shall require additional information from the subject individual as necessary to complete the criminal records check and fitness determination, such as, but not limited to, proof of identity; or additional criminal, judicial, or other background information.

(d) The department shall not request fingerprinting from a subject individual under the age of 18 years unless the subject individual is emancipated pursuant to ORS 419B.550 et seq, or unless the department also requests the written consent of a parent or guardian. In such case, such parent or guardian and youth must be informed that they are not required to consent. Notwithstanding, failure to consent may be construed as a refusal to consent under OAR 813-004-0250(3).

(2) The department shall conduct, or request the Oregon State Police to conduct, a criminal records check when:

(a) An individual meets the definition of a subject individual; or

(b) Required by federal law or regulation, by state or administrative rule, or by contract or written agreement with the department.

(3) When the department determines under section (2) of this rule that a criminal records check will be done, the department shall request (any additional information needed to make determinations.) or conduct a LEDS criminal records check, an Oregon criminal records check, a nationwide criminal records check, or any combination thereof.

(4) The department requires subject individual that have had out of state residency, being outside Oregon for 60 or more consecutive days during the previous five years, to complete fingerprint-based criminal records check by Fieldprint.

History

Statutory/Other Authority: ORS 181.534 & 456.135
Statutes/Other Implemented: ORS 181.534 & 456.569
OHCS 10-2026, amend filed 05/22/2026, effective 05/29/2026
OHCS 1-2026, amend filed 01/02/2026, effective 01/02/2026
OHCS 1-2013, f. & cert. ef. 1-4-13

Or. Admin. R. 813-004-0240 Hiring or Appointing on a Preliminary Basis

(1) If the department elects to conduct a criminal records check pursuant to these rules, the department, in its sole discretion, may hire or appoint the subject individual on a preliminary basis pending completion of a criminal records check when:

(a) The subject individual has provided all information (including fingerprinting, if requested) as required by the department pursuant to OAR 813-004-0230; and

(b) The department, in its sole discretion, determines that preliminary hiring is in the department’s best interests.

(2) A subject individual hired or appointed on a preliminary basis under this rule may participate in training, orientation, and work activities as assigned by the department.

(3) Nothing in this rule shall be construed as requiring the department to hire on a preliminary basis.

(4) A subject individual hired on a preliminary basis is deemed to be on trial service.

History

Statutory/Other Authority: ORS 181.534 & 456.135
Statutes/Other Implemented: ORS 181.534 & 456.569
OHCS 1-2026, amend filed 01/02/2026, effective 01/02/2026
OHCS 1-2013, f. & cert. ef. 1-4-13

Or. Admin. R. 813-004-0250 Final Fitness Determination

(1) If the department elects to conduct a criminal records check, the department shall make a fitness determination about a subject individual based on information provided by the subject individual under OAR 813-004-0230, the criminal records check(s) conducted, and any false statements made by the subject individual.

(2) In making a fitness determination about a subject individual, the department will also consider the factors in subsections (a) through (f) below in relation to information provided by the subject individual under OAR 813-004-0230(1), any LEDS report or criminal offender information obtained through a criminal records check, and other information known by the department. To assist in considering these factors, the department may obtain any other information deemed relevant from the subject individual or any other source, including law enforcement and criminal justice agencies or courts within or outside of Oregon. To acquire other criminal offender information from the subject individual, the department may request to meet with the subject individual, and shall request to receive written materials or authorization to obtain other relevant information, from the subject individual. The subject individual shall meet with the department if requested and provide additional information or authorization within a reasonable period of time, as established by the department. The department will use all collected information in considering:

(a) Whether the subject individual has been convicted, found guilty except for insanity (or a comparable disposition), or has a pending indictment for a crime listed in OAR 813-004-0260;

(b) The nature of any crime identified under section (2)(a) of this rule;

(d) Any facts that indicate the subject individual made a false statement;

(e) The relevance, if any, of a crime identified under section (2)(a) of this rule or of a false statement made by the subject individual to the specific requirements of the subject individual's present or proposed position, services or employment; and

(f) The following intervening circumstances, to the extent that they are relevant to the responsibilities and circumstances of the services or employment for which the fitness determination is being made:

(A) The passage of time since the commission or alleged commission of a crime identified under section (2)(a) of this rule;

(B) The age of the subject individual at the time of the commission or alleged commission of a crime identified under section (2)(a) of this rule;

(D) The subsequent commission of another crime listed in OAR 813-004-0260;

(E) Whether a conviction identified under section (2)(a) of this rule has been set aside, and the legal effect of setting aside the conviction;

(F) A recommendation of an employer;

(G) The disposition of a pending indictment identified under section (2)(a) of this rule;

(H) Whether the subject individual has been arrested for or charged with a crime listed under OAR 813-004-0260;

(I) Whether the subject individual is being investigated, or has an outstanding warrant, for a crime listed under OAR 813-004-0260;

(J) Whether the subject individual is currently on probation, parole or another form of post-prison supervision for a crime listed under OAR 813-004-0260;

(K) Whether the subject individual has a deferred sentence or conditional discharge in connection with a crime listed under OAR 813-004-0260;

(L) Whether the subject individual has been adjudicated in a juvenile court and found to be within the court's jurisdiction for an offense that would have constituted a crime listed in OAR 813-004-0260 if committed by an adult;

(M) Periods of incarceration of the subject individual;

(N) The education and work history (paid or volunteer) of the subject individual since the commission or alleged commission of a crime.

(3) Refusal to Consent. If a subject individual refuses to submit or consent to a criminal records check including fingerprint identification, the department will deny the employment of the subject individual or deny any applicable position or authority to provide services. A person may not appeal any determination made based on a refusal to consent.

(4) If a subject individual is determined to be not fit, the subject individual may not be employed by or provide services as a volunteer, contractor or vendor to the department in a position described in OAR 813-004-0220(2).

(5) Final Order. A completed final fitness determination is a final order of the department unless the affected subject individual appeals the determination by requesting a contested case hearing as provided by OAR 813-004-0290(2) or an alternative appeals process as provided by OAR 813-004-0290(6).

History

Statutory/Other Authority: ORS 181.534 & 456.135
Statutes/Other Implemented: ORS 181.534 & 456.569
OHCS 10-2026, amend filed 05/22/2026, effective 05/29/2026
OHCS 1-2026, amend filed 01/02/2026, effective 01/02/2026
OHCS 1-2013, f. & cert. ef. 1-4-13

Or. Admin. R. 813-004-0260 Potentially Disqualifying Crimes

(1) Crimes relevant to a fitness determination are listed within the OHCS Crime List, effective December 2025.

(2) Evaluation of Crimes. The department shall evaluate a crime on the basis of the law of the jurisdiction in which the crime or offense occurred, as those laws are in effect at the time of the fitness determination.

(3) Expunged Juvenile Record. Under no circumstances shall a subject individual be determined to be not fit under these rules on the basis of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 181.534 & 456.135
Statutes/Other Implemented: 456.569
OHCS 1-2026, amend filed 01/02/2026, effective 01/02/2026
OHCS 1-2013, f. & cert. ef. 1-4-13

Or. Admin. R. 813-004-0270 Incomplete Fitness Determination

(1) The department will close a preliminary or final fitness determination as incomplete when:

(a) Circumstances change so that a person no longer meets the definition of a subject individual under OAR 813-004-0220.

(b) The subject individual does not submit materials or information within the time required under OAR 813-004-0230(1);

(d) The subject individual fails or refuses to cooperate with the department's attempts to acquire other criminal records information under OAR 813-004-0260(2); or

(e) The department determines that the subject individual is not eligible or not qualified for the position (of employee, contractor, vendor or volunteer) for a reason unrelated to the fitness determination process.

(f) The position is no longer open.

(2) A subject individual does not have a right to a contested case hearing under OAR 813-004-0290(2) or a right to an alternative appeals process as provided by OAR 813-004-0290(6) to challenge the closing of a fitness determination as incomplete.

History

Statutory/Other Authority: ORS 181.534 & 456.135
Statutes/Other Implemented: ORS 181.534 & 456.569
OHCS 1-2026, amend filed 01/02/2026, effective 01/02/2026
OHCS 1-2013, f. & cert. ef. 1-4-13

Or. Admin. R. 813-004-0280 Notice to Subject Individual of Fitness Determination

The department shall inform the subject individual who has been determined not to be fit on the basis of a criminal records check, via personal service, or registered or certified mail to the most current address provided by the subject individual, of such disqualification.

History

Statutory/Other Authority: ORS 181.534 & 456.135
Statutes/Other Implemented: ORS 181.534 & 456.569
OHCS 1-2026, amend filed 01/02/2026, effective 01/02/2026
OHCS 1-2013, f. & cert. ef. 1-4-13

Or. Admin. R. 813-004-0290 Appealing a Fitness Determination

(1) Purpose. Sections (2) to (5) of this rule set forth the contested case hearing process a subject individual must use to appeal a completed final fitness determination made under OAR 813-004-0250 that the individual is not fit to hold a position with or provide services to the Department as an employee, volunteer, contractor, or vendor. Section (6) of this rule identifies an alternative appeal process available only to current Department employees.

(2) Appeal process.

(a) To request a contested case hearing, the subject individual or the subject individual's legal representative must submit a written request for a contested case hearing to the address specified in the notice provided under OAR 813-004-0280. To be timely, the request must be received by the department at the specified address within 14 calendar days of the date stated on the notice. The department shall address a request received after expiration of the deadline as provided under OAR 137-003-0528.

(b) When a timely request is received by the department under subsection (a), a contested case hearing shall be conducted by an administrative law judge assigned by the Office of Administrative Hearings.

(3) Discovery. The department or the administrative law judge may protect information made confidential by ORS 181.534(15) or other applicable law as provided under OAR 137-003-0566.

(4) No Public Attendance. Contested case hearings on fitness determinations are closed to non-participants.

(5) Proposed and Final Order:

(a) Proposed Order. After a hearing, the administrative law judge will issue a proposed order.

(b) Exceptions. Exceptions, if any, shall be filed within 14 calendar days after service of the proposed order. The proposed order shall provide an address to which exceptions must be sent.

(A) Unless the subject individual makes a timely request for a hearing; or

(B) When a party withdraws a hearing request, notifies the Department or the ALJ that the party will not appear, or fails to appear at the hearing.

(6) Alternative Process. A subject individual currently employed by the department may choose to appeal a fitness determination either under the process made available by this rule or through a process made available by applicable personnel rules, policies and collective bargaining provisions. A subject individual's decision to appeal a fitness determination through applicable personnel rules, policies, and collective bargaining provisions is an election of remedies as to the rights of the individual with respect to the fitness determination and is a waiver of the contested case process made available by this rule.

(7) Remedy. The only remedy that may be awarded is a determination that the subject individual is fit or not fit. Under no circumstances shall the department be required to place a subject individual in any position, nor shall the department be required to accept services or enter into a contractual agreement with a subject individual.

(8) Challenging Criminal Offender Information. A subject individual may not use the appeals process established by this rule to challenge the accuracy or completeness of information provided by the Oregon Department of State Police, the Federal Bureau of Investigation, or agencies reporting information to the Oregon Department of State Police or the Federal Bureau of Investigation.

(a) To challenge information identified in this section of the rule, a subject individual may use any process made available by the department that provided the information.

(b) If the subject individual successfully challenges the accuracy or completeness of information provided by the Oregon Department of State Police, the Federal Bureau of Investigation, or an department reporting information to the Oregon Department of State Police or the Federal Bureau of Investigation, the subject individual may request that the department conduct a new criminal records check and re-evaluate the original fitness determination made under OAR 813-004-0250 by submitting a new department criminal records request. This provision only applies if the position for which the original criminal history check was conducted is vacant and available.

(9) Appealing a fitness determination under section (2) or section (6) of this rule, challenging criminal offender information with the department that provided the information, or requesting a new criminal records check and re-evaluation of the original fitness determination under section (8)(b) of this rule, will not delay or postpone the department’s hiring process or employment decisions.

History

Statutory/Other Authority: ORS 181.534 & 456.135
Statutes/Other Implemented: ORS 181.534 & 456.569
OHCS 1-2026, amend filed 01/02/2026, effective 01/02/2026
OHCS 1-2013, f. & cert. ef. 1-4-13

Or. Admin. R. 813-004-0300 Recordkeeping and Confidentiality

Any information obtained in the criminal records check is confidential. The department must restrict the dissemination of information obtained in the criminal records check. Only those persons, as identified by the department, with a demonstrated and legitimate need to know the information, may have access to criminal records check records.

History

Statutory/Other Authority: ORS 181.534 & 456.135
Statutes/Other Implemented: ORS 181.534 & 456.569
OHCS 1-2026, amend filed 01/02/2026, effective 01/02/2026
OHCS 1-2013, f. & cert. ef. 1-4-13

Or. Admin. R. 813-004-0310 Fees

(1) The department may charge a fee for acquiring criminal offender information for use in making a fitness determination that will not exceed the fee charged the department by the Oregon Department of State Police and the Federal Bureau of Investigation to obtain such information.

(2) The department may charge the fee to the subject individual on whom criminal offender information is sought or, if the subject individual is an employee of an department contractor or vendor and is undergoing a fitness determination in that capacity, the department may charge the fee to the subject individual's employer.

History

Statutory/Other Authority: ORS 181.534 & 456.135
Statutes/Other Implemented: ORS 181.534 & 456.569
OHCS 1-2026, amend filed 01/02/2026, effective 01/02/2026
OHCS 1-2013, f. & cert. ef. 1-4-13

Division 5 GENERAL RULES

Or. Admin. R. 813-005-0001 General Purpose

OAR chapter 813, division 5, defines common terms, and describes policies and procedures related to the administration of the Housing and Community Services Department. The rules set forth in this division apply to all department activities unless a separate division expressly states otherwise.

History

Statutory/Other Authority: ORS 456.555, 90.771 - 90.775, 90.800 - 90.840, 456.515 - 456.725 & 183.335
Statutes/Other Implemented: ORS 456.555, 458.210 - 458.365, 458.505 - 458.740, 566.310 - 566.350 & 757.612 - 757.617
OHCS 15-2026, amend filed 07/02/2026, effective 07/06/2026
OHCS 22-2025, temporary amend filed 05/07/2025, effective 05/09/2025 through 11/04/2025
OHCS 43-2024, temporary amend filed 10/30/2024, effective 11/01/2024 through 04/29/2025
OHCS 18-2013, f. & cert. ef. 12-18-13
OHCS 14-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 3-2006, f. & cert. ef. 1-31-06
OHCS 1-2005(Temp), f. & cert. ef. 8-4-05 thru 1-31-06

Or. Admin. R. 813-005-0005 General Definitions

The following definitions, along with those in ORS 456 and 458, apply to OAR 813 unless the context indicates, or the term is otherwise defined in a subsequent division.

(1) "Accessible unit" means a dwelling unit meeting the definition of this term within the 2025 Oregon Structural Specialty Code ICC A117.1.

(2) "Acquisition loan" means a loan for the purpose of financing the purchase of an existing project.

(3) “Administrative costs” means all costs incurred throughout the administration of a program or project that are not directly related to the delivery of the program or projects.

(4) "Approved lender" means any person authorized to engage in the business of making loans of the general character of program loans, who meets the qualifications for an approved lender set forth in the applicable program rules and who contracts with the department to make program loans.

(5) "Approved servicer" means any person authorized to engage in the business of servicing loans of the general character of program loans, who meets the qualifications for an approved servicer set forth in the applicable program rules and who contracts with the department to service program loans.

(6) "Borrower" means a person who has received a loan from the department.

(7) "Break-even occupancy" means the point at which a project's monthly rental income matches its monthly operating expenses and debt service.

(8) "Commitment" means the department's written conditional obligation to make, purchase, service, or sell a loan or other funding award.

(9) “Community Action Agency” or “CAA” means a private, nonprofit corporation organized under ORS chapter 65, or an office, division, or agency of a political subdivision designated as a community action agency pursuant to the Economic Opportunity Act of 1964 by the U.S. Department of Health and Human Services, which meets the requirements outlined in ORS 458.505.

(10) "Community service programs" means activities of the department involving the regulation, support, or direct or indirect operation of temporary or permanent placement of individuals into housing; or housing stabilization.

(11) “Conditional” means subject to relevant conditions and documents required for the reservation or award of the department funding.

(12) “Construction” has the meaning provided in ORS 456.515.

(13) “Contingency escrow Account" means a savings account, time certificate of deposit, or irrevocable letter of credit assigned to the department, that is established by a sponsor. Contingency escrow accounts are generally valued at less than 3% of the applicable loan.

(14) "Cooperative" is a consumer housing entity formed according to the provisions of ORS Chapter 62.

(15) "Custodian" has the meaning provided in ORS 192.311.

(16) “Department” means the department of the state of Oregon established pursuant to ORS 456.555.

(17) "Elderly household" has the meaning provided within ORS 456.515.

(18) "Eligible borrower" means a person who satisfies the criteria to receive a department loan as set forth in the applicable program rules, statutes, or department orders.

(19) "Escrow payments" means the payments made by a sponsor or borrower to an escrow account reserved for the payment of property taxes, insurance premiums, and replacements, and other identified costs as required by the department in accordance with a department loan.

(20) “Funding documents” means any and all documents required by OHCS to document a housing grant, loan or other funding award or reservation commitment including, but not limited to loan agreements, regulatory agreements, guarantees, operating agreements, and reservation letters.

(21) “Homebuyer” means an individual who is in the process of buying a home.

(22) “Homeowner” means an individual who owns their principal residence.

(23) "Housing Stability Council" or “Council” or “HSC” means the Oregon Housing Stability Council as provided in ORS 456.515, established in ORS 456.567, and described in ORS 456.555 and 456.571.

(24) "Housing programs" means activities of the department involving the financing, regulation, maintenance, or support of housing or home ownership.

(25) "Lending department" means a commercial bank, savings and loan association, savings bank, mortgage banker, Federal Housing Administration, Farmers Home Administration, or other department that provides permanent or construction mortgage loans.

(26) "Loan agreement" means a written agreement, typically executed at loan closing, between the department and a sponsor, that establishes the terms of a department loan.

(27) "Loan closing" means the final stage of a department loan transaction, in which loan documents are signed, loan proceeds are disbursed, and ownership of the property is transferred.

(28) "Loan documents" means the written agreements between a sponsor and the department, typically executed at loan closing, relating to a department loan. Loan documents include, but are not limited to, a promissory note, loan agreement, trust deed, regulatory agreement, operating agreement, and management agreement.

(29) "Manufactured dwelling park" has the meaning provided in ORS 446.003.

(30) “Notice of Funding Availability” or “NOFA” means a department-issued solicitation for applications for funding.

(31) "Operating agreement and declaration of restrictive covenants and equitable servitudes" or "operating agreement" means a written agreement typically executed at loan closing between the department and a sponsor, related to the department's pass-through revenue bond program. The operating agreement regulates the use of revenues and operation of a project, particularly with respect to tenant income and unit rent compliance by a sponsor.

(32) “Oregon Housing and Community Services” or "Department" or "department" or “OHCS” means the department of the state of Oregon established pursuant to ORS 456.555 and described in ORS 456.559.

(33) “Organization” has the meaning provided in ORS 458.610.

(34) "Person" means any natural or legal person.

(35) “Program requirements” means the requirements with respect to any OHCS funding program including, but not limited to, as contained in or arising from applicable administrative rules; solicitation documents; funding documents; OHCS directives; federal, state and local statutes, codes, regulations or determinations; and other applicable law.

(36) “Qualified housing sponsor” has the meaning provided in ORS 456.548.

(37) "Qualified insurer" means the Federal Housing Administration, the Veterans' Administration, or any other person who is authorized to insure or guarantee payment of loans and who is approved by OHCS.

(38) "Regulatory agreement and declaration of restrictive covenants and equitable servitudes" or "regulatory agreement" means a written agreement typically executed at loan closing between the department and a sponsor. The regulatory agreement regulates the use of revenues and operation of a project for which a department loan is issued, particularly with respect to a sponsor’s compliance with maintaining the status of any involved bond issue.

(39) “Regulatory agreement as to project management” or “management agreement” means a written agreement typically executed at or after loan closing between the department, a project sponsor, and, if applicable, a management agent engaged by a sponsor that regulates certain aspects of project management to ensure, inter alia, accomplishment of project or program requirements.

(40) "Rent-up reserve account" means an account set up by a project sponsor and under the control of the department to guarantee sufficient funds are available to pay operating expenses and debt service of a project before break-even occupancy.

(41) “Rental housing” has the meaning provided in ORS 456.508.

(42) "Replacement cost reserve account" means an account established to aid in payment for extraordinary maintenance or repair of a project or for replacement of capital items of a project as allowed by the department.

(43) “Service area” means the specific geographic area or region within which a grantee or subgrantee provides program services directly or by contract.

(44) "Single-family residence" means a housing unit and the property on which it is located that is used for occupancy by one household. A single-family residence is real property located in Oregon. A single-family residence may include a condominium unit; a dwelling in a planned unit development; or a mobile or manufactured home which has a minimum of 400 square feet of living space, a minimum width in excess of 102 inches, and is of a kind customarily used at a fixed location.

(45) "Sponsor" means a person meeting the legal, financial, credit, and other qualifications to be a borrower of a department loan as set forth in the applicable program rules, statutes, and department orders.

(46) "Targeted area" means an area in Oregon designated by the department in compliance with the requirements of Section 143(j) of the Internal Revenue Code of 1986, as amended, and approved by the United States Departments of Treasury and Housing and Urban Development.

(47) "Trustee" means the State of Oregon treasurer or, with the approval of the department, a private financial institution in Oregon acting pursuant to an indenture of trust or other appropriate instrument.

(48) "Veteran" has the meaning given in ORS 408.225 and also includes a person who served in the military that has been discharged or released from that service and has been determined by the United States Department of Veteran's Affairs to be eligible to receive any benefit from that department.

History

Statutory/Other Authority: ORS 456.515 - 456.725, 458.505 - 458.610 & 456.555
Statutes/Other Implemented: 12 CFR 541.25, 24 CFR 5.609, ORS 86.205, 197.015, 315.163, ORS 456.515 - 456.725, 458.505 - 458.610 & 456.555
OHCS 15-2026, amend filed 07/02/2026, effective 07/06/2026
OHCS 32-2024, amend filed 08/29/2024, effective 09/02/2024
OHCS 34-2023, amend filed 12/29/2023, effective 01/01/2024
OHCS 12-2021, amend filed 12/03/2021, effective 12/03/2021
OHCS 16-2020, amend filed 07/30/2020, effective 07/30/2020
OHCS 30-2019, amend filed 10/28/2019, effective 10/28/2019
OHCS 21-2017, amend filed 12/26/2017, effective 01/08/2018
OHCS 20-2017, temporary amend filed 11/17/2017, effective 11/17/2017 through 01/31/2018
OHCS 15-2016, f. & cert. ef. 12-14-16
OHCS 6-2016(Temp), f. & cert. ef. 6-29-16 thru 12-25-16
OHCS 34-2014, f. & cert. ef. 10-9-14
OHCS 25-2014(Temp), f. & cert. ef. 4-17-14 thru 10-14-14
OHCS 18-2013, f. & cert. ef. 12-18-13
OHCS 14-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 3-2006, f. & cert. ef. 1-31-06
OHCS 1-2005(Temp), f. & cert. ef. 8-4-05 thru 1-31-06
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 5-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89, Renumbered from 813-001-0006
HSG 5-1987, f. & cert. ef. 3-10-87
HSG 1-1987(Temp), f. & cert. ef. 2-5-87
1HD 7-1984, f. & cert. ef. 9-4-84

Or. Admin. R. 813-005-0008 Cost Thresholds for Housing Stability Council Review and Approval

(1) Pursuant to ORS 456.555, OHCS must establish, by administrative rule, the threshold property purchase price at which a single-family home ownership loan on property must be submitted by OHCS to the Housing Stability Council for approval as well as the threshold value for a housing grant or other housing funding award for multifamily housing that must be submitted by OHCS to the Housing Stability Council for review and approval.

(2) The threshold property purchase price for single-family home ownership that obligates OHCS to obtain Housing Stability Council review and approval of a proposed single-family loan is that purchase price which, when reduced by costs of purchase other than OHCS loan, is equal to or greater than 95% of the applicable area program purchase price limit.

(3) Other than funding awards described in OAR 813-005-0008(4), the threshold value with respect to the awards of funds by the Affordable Rental Housing Division for the development or preservation of a multifamily housing development (project) that obligates OHCS to obtain Housing Stability Council review and approval is: Loans, grants, and other funding award proposals arising under ORS 456. 515 to 456.725 concerning a particular multifamily housing project that, in the aggregate:

(a) Are equal to or greater than $1,000,000,

(b) Constitute more than 50% of the total development budget for such project, provided that the total development budget of such project is $1,000,000 or greater, or

(4) The threshold value that obligates OHCS to obtain Housing Stability Council review and approval with respect to the award of funds deployed by the Affordable Rental Housing Division through programs arising under ORS 456.515 to 456.725 that are deliberately aligned with market responsiveness to address unforeseen shifts in market costs, such as a market cost offset fund or the Land Acquisition Program (LAP), is:

(a) An increase in the amount of loans, grants, or other funding awards to a multifamily housing project in an aggregate amount that is greater than or equal to 25% of the originally approved total development budget or initial Housing Stability Council approval for the project; or

(b) In the case of LAP, a property purchase price above $5,000,000 where the project is otherwise consistent with ORS 456.502 and OAR 813-037-0005 through 813-037-0040.

History

Statutory/Other Authority: ORS 456.515-725
Statutes/Other Implemented: ORS 456.555
OHCS 30-2022, amend filed 12/02/2022, effective 12/02/2022
OHCS 12-2022, temporary amend filed 05/24/2022, effective 05/25/2022 through 11/20/2022
OHCS 16-2020, adopt filed 07/30/2020, effective 07/30/2020

Or. Admin. R. 813-005-0016 Waiver

The director may waive, suspend or modify any term or provision of OAR 813, unless such waiver, suspension or modification would violate applicable federal or state law.

History

Statutory/Other Authority: ORS 91.886, 183 & 456.555
Statutes/Other Implemented: ORS 90.800 - 90.840, 91.886, 456.515, 456.725 & 458.005 - 458.740
OHCS 18-2013, f. & cert. ef. 12-18-13
OHCS 14-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 3-2006, f. & cert. ef. 1-31-06
OHCS 1-2005(Temp), f. & cert. ef. 8-4-05 thru 1-31-06

Or. Admin. R. 813-005-0025 Protest Process

(1) The following definitions apply to this rule:

(a) “Applicant” means any individual, for-profit or nonprofit corporation, partnership, limited liability company, association, joint venture, public body, federally recognized Indian tribe, public corporation, or any other legal or commercial entity that submits an application in response to a request for applications.

(b) “Application” means a response to a request for applications.

(c) “Request for applications” means a request by OHCS for applications, proposals, statements of qualifications, or other information, and that is expected to result in OHCS awarding one or more grants or loans. Request for applications does not include any information that OHCS requests in the course of direct-awarding a grant or loan without a competitive process.

(2) The protest process described in this rule does not apply to any request for applications for which another division of administrative rules provides a different protest process.

(3) With respect to any request for applications, an applicant may protest a notice of intent to award a grant or loan (which includes the selection of applicants to be part of a qualified pool), or an award of a grant or loan, whichever occurs first, if:

(a) The applicant is adversely affected because the applicant would be eligible for the grant or loan in the event that the protest is successful; and

(b) The reason for the protest is that OHCS has failed to evaluate applications in accordance with the criteria or processes described in the request for applications.

(4) If an applicant files a protest of a notice of intent to award a grant or loan, the applicant may not file a protest of the award of the same grant or loan.

(5) Unless otherwise specified in the request for applications, an applicant must submit a protest to the email address listed in the request for applications not later than 7 days after OHCS issues, via the method specified in the request for applications, a notice of intent to award a grant or loan, or an award of a grant or loan, whichever occurs first.

(6) A protest must include:

(a) An explanation of how OHCS failed to evaluate applications in accordance with the criteria or processes described in the request for applications;

(b) The relief sought by the applicant; and

(7) If an applicant does not file, as specified in sections (3) - (6) of this rule, a protest of a notice of intent to award a grant or loan, or an award of a grant or loan, whichever occurs first, the notice of intent to award a grant or loan, or the award of a grant or loan, as applicable, shall become final for purposes of ORS 183.480.

(8) If an applicant files a protest as specified in sections (3) - (6) of this rule, OHCS may respond in writing to the protest. OHCS intends to respond in writing to each properly submitted protest, but if, for any reason, OHCS does not respond in writing to a protest within 10 days of the applicant’s timely submission of a protest, the protest shall be deemed denied and the notice of intent to award a grant or loan, or the award of a grant or loan, as applicable, shall become final for purposes of ORS 183.480.

(9) Requests for applications and evaluation notes.

(a) Notwithstanding section (8) of this rule, an applicant may, as part of a properly submitted protest, request that OHCS provide copies of applications and evaluation notes related to the request for applications regarding which the protest is being filed. If an applicant requests such records as part of a properly submitted protest, the 10-day period described in section (8) shall not begin until 7 days after OHCS responds to the applicant’s request for applications and evaluation notes.

(b) For purposes of this section (9), OHCS responds to an applicant’s request for applications and evaluation notes when OHCS takes any of the following actions:

(A) Provides copies of the requested records;

(B) Describes in writing where copies of the requested records are publicly available;

(D) States that OHCS has redacted or withheld some or all of the requested records and provides copies of the records, or portions of records, that are not redacted or withheld.

(c) If OHCS responds to an applicant’s request for applications and evaluation notes by providing any records, or by describing where those records are publicly available, the applicant shall have 7 days after OHCS’ response to amend its protest to incorporate any information contained in the applications and evaluation notes. After the passage of those 7 days or the applicant’s submission of an amended protest, whichever occurs first, the 10-day period described in section (7) of this rule shall begin.

(d) This section (9) does not prevent an applicant from, pursuant to the public records law, petitioning for review of OHCS’ response to the applicant’s request for applications and evaluation notes, or from filing any other public records request, but the 10-day period described in section (8) of this rule will be automatically paused only for the length of time it takes OHCS to respond to an applicant’s request for applications and evaluation notes contained in a properly submitted protest.

(10) OHCS reserves the right to delay, terminate, modify, or take any other action it determines to be appropriate with respect to a request for applications in response to a timely submission of a protest.

History

Statutory/Other Authority: ORS 90.630, 90.771 - 90.775, 90.800 - 90.840, 456.515 - 456.725, 458.210 - 458.365, 458.405 - 458.460, 458.505 - 458.740, 566.310 - 566.350, 757.612 - 757.617 & 183.335
Statutes/Other Implemented: ORS 456.515 - 456.720 & 456.555
OHCS 15-2026, amend filed 07/02/2026, effective 07/06/2026
OHCS 52-2025, temporary suspend filed 12/29/2025, effective 12/31/2025 through 06/28/2026
OHCS 15-2016, f. & cert. ef. 12-14-16
OHCS 6-2016(Temp), f. & cert. ef. 6-29-16 thru 12-25-16

Or. Admin. R. 813-005-0030 Contingency of Funding Awards

If the department provides a reservation or otherwise to make a funding award under ORS 90.800 - 90.840, 91.886, ORS 317.097, 456.515 through 456.725 or 458.005 through 458.740, and if the type and amount of subject funding or any other department funding approved by the department that was considered by the department in setting the amount of the subject funding (“complementary funding”) meets or exceeds the threshold amounts established in OAR 813-005-0005(3) for review by the Housing Stability Council, the reservation or other commitment is subject to review and approval by the council of such subject funding and any such complementary funding. The council may approve, deny, modify or further condition funding assistance subject to its review. Based upon any relevant council determination, including with respect to complementary funding, any subject reservation or other commitment may be deemed revoked, or be modified and further conditioned.

History

Statutory/Other Authority: ORS 91.886, 317.097 & 456.555
Statutes/Other Implemented: ORS 90.800 - 90.840, 91.886, 317.097, 456.515 – 456.725 & 458.005 - 458.740
OHCS 18-2013, f. & cert. ef. 12-18-13
OHCS 14-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13

Or. Admin. R. 813-005-0040 Compliance Monitoring

(1) A project receiving any department assistance is subject to such reviews and field inspections that the department determines to be necessary or appropriate including, but not limited to ensuring the funding recipient’s and project owner’s compliance with any program requirements including, but not limited to applicable administrative rules (including incorporated manuals), department directives, solicitation documents, funding documents, or otherwise. The project owner shall cooperate fully with all reviews and field inspections, comply with any resulting correction directives, and shall make all records available for inspection and copying. The project owner also shall provide such other information as the department may from time to time request.

(2) Project owners shall cooperate fully with department reviews, field inspections and other information requests including, but not limited to allowing the inspection and copying of relevant records as determined by the department.

(3) Project owners shall act promptly to correct any deficiencies identified by the department as a consequence of its reviews, field inspections or otherwise upon notice by the department of same.

(4) Project owners shall retain financial records, supporting documents and all other pertinent records with respect to a project until six years after the project affordability period for the respective source of funding is complete, or after any relevant litigation or audit claim is resolved, whichever is later.

History

Statutory/Other Authority: ORS 91.886, 317.097 & 456.555
Statutes/Other Implemented: ORS 90.800 - 90.840, 91.886, 317.097, 456.515 – 456.725 & 458.005 - 458.740
OHCS 18-2013, f. & cert. ef. 12-18-13
OHCS 14-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13

Or. Admin. R. 813-005-0050 Attorney General’s Model Rules

(1) Pursuant to ORS 183.341, Oregon Housing and Community Services adopts by reference the Attorney General’s Model Rules for Rulemaking (OAR 137-001) as in effect June 1, 2026.

(2) Pursuant to ORS 183.341, Oregon Housing and Community Services adopts by reference the Attorney General’s Model Rules for Mediation Confidentiality (OAR 137-005-0052) as in effect June 1, 2026.

(3) Pursuant to ORS 183.341, Oregon Housing and Community Services adopts by reference the Attorney General’s Model Rules for Criminal Records Check and Fitness Determinations (OAR 137-007) as in effect June 1, 2026.

History

Statutory/Other Authority: ORS 456.555 & 183.335
Statutes/Other Implemented: ORS 456.555, 90.800-90.480, 183.335, 91.886, 317.097, 456.515-456.725 & 458.505-458.740
OHCS 15-2026, amend filed 07/02/2026, effective 07/06/2026
OHCS 18-2013, f. & cert. ef. 12-18-13
OHCS 14-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13

Or. Admin. R. 813-005-0055 Access to Public Records and Related Charges

(1) The Administrative Rules set forth in Chapter 813, Division 005, Section 0055 apply to all public records for which Oregon Housing and Community Services (OHCS) is custodian.

(2) The Director or designee, in carrying out responsibilities of ORS 192.318, as custodian of

public records, shall:

(a) Allow access to and disclosure of the public records subject to ORS 192.311 to 192.338;

(b) Make restrictions and take precautions necessary to protect the integrity of the records and prevent interference with the regular discharge of OHCS's duties; and

(c) Allow for inspection of OHCS's public records during normal working days and hours at the location which the records reside, or any other reasonable location designated by the Director or designee.

(3) A request to inspect or obtain copies of a public record of OHCS shall be made in writing to the Director or designee, and shall include:

(a) The name, address and telephone number of the requestor;

(b) Identification of the records from which information is requested, if known;

(c) The time period the records were produced and officials involved in producing the records or other relevant information, if known;

(d) The format in which the information is needed (i.e. photocopies, audio, machine readable, or electronic format, etc.);

(e) The number of copies needed, if copies are requested; and

(f) Instruction to OHCS to certify copies, if necessary.

(4) The Director or designee may waive the requirement, under paragraph (2) of this rule, for a request to be in writing, if it is determined that effective administration is aided by the waiver.

(5) A review of the requested records will be conducted by OHCS as necessary to determine whether the records are exempt from disclosure, in accordance with ORS 192.311 to 192.478 and any other references establishing an exemption to disclosure of public records.

(6) The Director or designee will advise the requestor, within a reasonable amount of time, whether the records may be disclosed, the date, time, and place they may be inspected or obtain copies of the records, and the estimated cost of inspection, duplication, and other related fees as described in OAR 813-005-0055(9).

(7) If the requested records contain information exempt from disclosure, the requestor will be furnished a copy of the record with the exempt material redacted.

(8) The Director or designee may require and designate an OHCS employee to supervise the inspection of requested records.

(9) OHCS will follow Department Administrative Services’ (DAS) established fees and miscellaneous charges for providing access to or copies of public records in paper, electronic, or other format, based on the actual costs of preparing and providing the records. Costs associated with a request for public records may include per page copy and facsimile fees, postage when applicable, staff time to locate, review, redact information exempt from disclosure, and/or transfer the material to a requested electronic or other necessary format appropriate for releasing the public record(s).

(10) No additional fee will be charged for providing records in an alternative format when required by the Americans with Disabilities Act.

(11) The Director or designee may reduce or waive fees when the requester submits a completed the Public Interest Waiver Form, found on the OHCS Public Records website. If the waiver form contains missing or incomplete information, the Department may seek clarification from the requester.

(12) All fees and charges must be paid in advance of releasing the requested public records for inspection or before photocopies are provided. Payments must be made by check or money order and made payable to OHCS and mailed to 725 Summer St NE Salem, OR 97301.

(13) To conserve and protect public resources, photocopies will be produced on recycled paper in double-sided print format whenever feasible to reduce costs and paper waste.

(14) Electronic delivery is the preferred delivery method of OHCS records response.

(15) Records request fees will only apply to the review and redaction of the first public records request for records. Any subsequential public records requests for the same records, will not result in any invoicing as the records have previously been made available for public disclosure.

History

Statutory/Other Authority: ORS 192.318, ORS 192.430 & ORS 456.555
Statutes/Other Implemented: ORS 192.311, ORS 192.355 & ORS 192.338
OHCS 34-2023, amend filed 12/29/2023, effective 01/01/2024
OHCS 16-2020, adopt filed 07/30/2020, effective 07/30/2020

Division 6 GENERAL PROCEDURES FOR PROCUREMENT

Or. Admin. R. 813-006-0005 Purpose, Application, and Basic Policy

(1) The Department requires the services and partnerships of outside parties to accomplish its mission and goals. Although ORS 279A.025(2)(o) provides that certain types of procurement by the Department are exempt from all provisions of the Oregon Public Contracting Code, and although the Attorney General’s Model Public Procurement Rules, Chapter 137, Divisions 46, 47, 48, and 49 (Model Rules) do not apply to the Department, the Department adopts the Model Rules with limited exceptions and modifications as described herein, to govern Department procurement activities. Grants, loans, and agreements under ORS Chapter 190 are not subject to these Division 6 rules.

(2) The Department has its own procurement authority. The Department is exempt from the Public Contracting Code for all procurement activities relating to the exercise of the Department’s duties prescribed in ORS Chapters 456 and 458; and for procurements of information technology products, systems, and related goods, services, and personal services.

(3) The Department is subject to the Public Contracting Code for the procurement of goods, services, and personal services that are unrelated to the Department’s mission-specific duties described in ORS Chapters 456 and 458.

History

Statutory/Other Authority: 279A.065(6), 279A.070, 456.555(8) & 456.625(19)
Statutes/Other Implemented: 279A.050(6)(g), 456.625(18), 456.625(19) & 458.315(3)
OHCS 44-2024, amend filed 10/30/2024, effective 11/01/2024
OHCS 10-2024, temporary amend filed 05/21/2024, effective 05/22/2024 through 11/17/2024
OHCS 16-2016, f. & cert. ef. 12-19-16
OHCS 7-2016(Temp), f. & cert. ef. 6-29-16 thru 12-25-16
OHCS 24-2013, f. & cert. ef. 12-18-13
OHCS 12-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 14-1987, f. & ef. 12-21-87

Or. Admin. R. 813-006-0015 Definitions

The following definitions apply to these Division 6 rules and supersede any definitions set forth in the Model Rules:

(1) “Department” means the Housing and Community Services Department established under ORS 456.555.

(2) “Designated Procurement Officer” means the individual designated and authorized by the Director of the Department to perform certain procurement functions described in these rules.

(3) “Director” means the Director of the Housing and Community Services Department.

(4) “Public Contracting Code” means ORS Chapters 279A, 279B, and 279C.

(5) “Reinstate” or “Reinstatement” means the act of making an expired or terminated Contract active.

History

Statutory/Other Authority: 279A.065(6), 279A.070, 456.555(8) & 456.625(19)
Statutes/Other Implemented: 279A.050(6)(g), 456.625(18), 456.625(19) & 458.315(3)
OHCS 44-2024, amend filed 10/30/2024, effective 11/01/2024
OHCS 10-2024, temporary amend filed 05/21/2024, effective 05/22/2024 through 11/17/2024
OHCS 24-2013, f. & cert. ef. 12-18-13
OHCS 12-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 6-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 14-1987, f. & ef. 12-21-87

Or. Admin. R. 813-006-0040 Discretionary Waiver

The Director may waive, suspend, or modify any term or provision of OAR 813, including terms and provisions of the Model Rules that the Department has adopted, unless such waiver, suspension, or modification would violate applicable federal or state law. The Director’s discretionary waiver does not apply to any procurements subject to the Public Contracting Code as provided in ORS 279A.050(6)(g). The Department’s use of this waiver is intended to be limited in order to promote fair and open competition except in circumstances where the Director determines that the need for an alternative procurement process outweighs the public interest in a competitive procurement process.

History

Statutory/Other Authority: 279A.065(6), 456.555(8) & 456.625(19)
Statutes/Other Implemented: 456.625(18), 456.625(19) & 458.315(3)
OHCS 31-2025, minor correction filed 07/09/2025, effective 07/09/2025
OHCS 44-2024, amend filed 10/30/2024, effective 11/01/2024
OHCS 10-2024, temporary amend filed 05/21/2024, effective 05/22/2024 through 11/17/2024
OHCS 24-2013, f. & cert. ef. 12-18-13
OHCS 12-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13

Or. Admin. R. 813-006-0045 Reinstatement of Expired Contract

(1) This rule applies to the Reinstatement of expired or terminated Contracts.

(2) Requirements to Reinstate an expired or terminated Contract:

(a) Before expiration or termination, the Contract was properly signed by all parties;

(b) Then the signed Contract expired or was terminated;

(d) The Department documents in the procurement file the reason for the Reinstatement, any steps that the Department will take to prevent a reoccurrence; and an acknowledgement that Reinstatement is in the best interest of the Department.

(3) A Reinstatement of an expired or terminated Contract makes the Contract in full force and effect, as if it had not expired or terminated. Following a Reinstatement, the Department may make payments for goods purchased and services performed during the period from the date of expiration or termination to the date of the Reinstatement and through any extended term of the Contract.

History

Statutory/Other Authority: 279A.065(6), 279A.070, 456.555(8) & 456.625(19)
Statutes/Other Implemented: 279A.050(6)(g), 456.625(18), 456.625(19) & 458.315(3)
OHCS 44-2024, adopt filed 10/30/2024, effective 11/01/2024
OHCS 10-2024, temporary adopt filed 05/21/2024, effective 05/22/2024 through 11/17/2024

Division 7 MANUFACTURED DWELLING PARK

Or. Admin. R. 813-007-0005 General Purpose

OAR chapter 813, division 007 is adopted to implement and administer ORS 90.732, 90.734, 90.736, and 90.738 for the purpose of the regulation of manufactured dwelling parks and marina communities.

History

Statutory/Other Authority: 2005 OL Ch. 619, Sec 2-4, 2009 OL Ch. 816, Sec 9, 2011 OL Ch. 503, Sec 21 & ORS 456.555
Statutes/Other Implemented: 2009 OL Ch. 816, Sec 9, 2011 OL Ch. 503 & ORS 456.555
OHCS 6-2025, amend filed 03/19/2025, effective 03/20/2025
OHCS 17-2013, f. & cert. ef. 9-4-13
OHCS 2-2013(Temp), f. & cert. ef. 3-21-13 thru 9-17-13
OHCS 1-2010, f. & cert. ef. 1-7-10

Or. Admin. R. 813-007-0010 Definitions

(1) “Facility” means a manufactured dwelling park or a marina.

(2) “Landlord” means the owner, lessor or sublessor of the dwelling unit or the building or premises of which it is a part. “Landlord” includes a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement.

(3) “Landlord’s agent” and “agent of the landlord” means a person who has oral or written authority, either express or implied, to act for or on behalf of a landlord. This can include a manager or a person that manages a facility.

(4) “Owner” includes a mortgagee in possession and means one or more persons, jointly or severally, in whom is vested: all or part of the legal title to property; or all or part of the beneficial ownership and a right to present use and enjoyment of the premises.

History

Statutory/Other Authority: 2005 OL Ch. 619, Sec 2-4, 2009 OL Ch. 816, Sec 9 & ORS 456.555
Statutes/Other Implemented: 2009 OL Ch. 816, Sec 9 & ORS 456.555
OHCS 6-2025, amend filed 03/19/2025, effective 03/20/2025
OHCS 1-2010, f. & cert. ef. 1-7-10

Or. Admin. R. 813-007-0015 Annual Registration Procedures

(1) Every landlord or landlord’s agent of a facility must register annually with the Housing and Community Services Department (“department”) by January 1 of each year. The registration submission must include complete and accurate information on each facility registered by the landlord or landlord’s agent. This includes the physical address, email address, and phone number of both the landlord and landlord’s agent.

(2) The department shall provide forms and instructions for this registration and make this information available to the landlord or landlord’s agent through the department’s website or as the department deems appropriate.

(3) The landlord or landlord’s agent must file an annual registration and pay a registration fee to the department for each facility managed by the landlord or landlord’s agent. The landlord or landlord’s agent shall file the registration and pay the registration fee online through the department’s website. Instructions on how to pay online shall be sent by the department by email to each landlord or landlord’s agent on file with the department. If no email address is listed for a landlord or landlord’s agent, the instructions are sent through US Mail to address listed for the landlord or landlord’s agent.

(4) Registration submitted in paper form shall be sent to the address listed below, or an address the department designates on its website.

(5) The department may assess additional charges to recover costs or waive charges as it deems appropriate for the submission of changes and corrections to registrations.

History

Statutory/Other Authority: 2005 OL Ch. 619, Sec 2-4, 2009 OL Ch. 816, Sec 9 & ORS 456.555
Statutes/Other Implemented: 2009 OL Ch. 816, Sec 9 & ORS 456.555
OHCS 6-2025, amend filed 03/19/2025, effective 03/20/2025
OHCS 1-2010, f. & cert. ef. 1-7-10

Or. Admin. R. 813-007-0020 Annual Registration Notification Reminders and Confirmation

(1) The department shall send an email reminder notice to each landlord or landlord’s agent that holds a current registration of a facility in November of the year previous to the due date of January 1 for each year. Notice shall be sent by US Mail if no email is provided by the landlord or landlord’s agent.

(2) The department shall send a confirmation notice that the registration and payment were received via email to the landlord or landlord’s agent email address on file with the department within 45 days of receipt. Notice shall be sent by US Mail if no email is provided by the landlord or landlord’s agent.

(3) The department may exempt a registration, and the landlord or landlord's agent is not required to pay the registration, for the following situations:

(a) Facility has been sold or closed.

(b) Facility has been damaged or destroyed from a natural disaster.

History

Statutory/Other Authority: 2005 OL Ch. 619, Sec 2-4, 2009 OL Ch. 816 & ORS 456.555
Statutes/Other Implemented: 2009 OL Ch. 816 & ORS 456.555
OHCS 6-2025, amend filed 03/19/2025, effective 03/20/2025
OHCS 21-2018, amend filed 12/21/2018, effective 12/21/2018
OHCS 1-2010, f. & cert. ef. 1-7-10

Or. Admin. R. 813-007-0025 Continuing Education Requirements and Notifications for Facility Landlord/ Landlord Agents

(1) Continuing education classes for landlord or landlord's agent are listed on the department’s website and updated annually.

(2) Continuing education classes are offered online and in-person.

(3) At least one landlord or landlord's agent from each facility is required to attend landlord training once every two years. The due date is based on the date landlord or landlord’s agent completed training the previous two years.

(4) A new landlord or landlord's agent has 75 days from hired date or purchase date to complete training.

(5) The department annually sends an email reminder notice regarding continuing education requirements under this section to the landlord or landlord’s agent email address in the facility registration. Notice is mailed by US Mail if no email address is on file for the landlord or landlord's agent.

(6) The department sends a reminder to each landlord or landlord’s agent at least one month before the due date of the required continuing education.

(7) The department may exempt a landlord or landlord's agent from continuing education requirement, and is not required to attend continuing education classes, for the following situations:

(a) Facility has been sold or closed.

(b) Facility has been damaged or destroyed from natural disaster.

History

Statutory/Other Authority: 2009 OL Ch. 816, Sec. 2-4, 2005 OL Ch. 619, Sec 9 & ORS 456.555
Statutes/Other Implemented: 2009 OL Ch. 816, Sec. 2-4 & ORS 456.555
OHCS 6-2025, amend filed 03/19/2025, effective 03/20/2025
OHCS 3-2021, amend filed 02/26/2021, effective 02/26/2021
OHCS 21-2018, amend filed 12/21/2018, effective 12/21/2018
OHCS 1-2010, f. & cert. ef. 1-7-10

Or. Admin. R. 813-007-0030 Approval of Statewide Nonprofit Trade Association Trainers

(1) The department provides a list on the department’s website of the statewide non-profit trade associations that provide continuing education instruction for landlord and landlord agents.

(2) Non-profit trade associations may apply to be authorized to provide continuing education instruction to landlord and landlord agents by requesting an application from the department. The department may revoke the authorization of an approved association at any time.

(3) Non-profit trade associations approved to provide the continuing education shall make records available to the department and shall allow department personnel to attend any of its training sessions at no cost.

History

Statutory/Other Authority: 2005 OL Ch. 619, Sec 2-4, 2009 OL Ch. 816, Sec 9 & ORS 456.555
Statutes/Other Implemented: 2009 OL Ch. 816, Sec 9 & ORS 456.555
OHCS 6-2025, amend filed 03/19/2025, effective 03/20/2025
OHCS 1-2010, f. & cert. ef. 1-7-10

Or. Admin. R. 813-007-0057 Civil Penalty Schedule

(1) Landlords and landlord agents are subject to a civil penalty for each act of noncompliance, according to the following schedule of penalties:

(a) Failure to register and to pay registration fee: an amount not to exceed $1,000

(b) Failure to register only: an amount not to exceed $500.

(d) Late submission of a registration or submission of an incomplete or inaccurate registration: an amount not to exceed $300.

(e) Late submission of registration fee or submission of less than the full amount of the registration fee: an amount not to exceed $300.

(f) Failure to satisfy continuing education requirements: an amount not to exceed $1,000.

(2) A civil penalty assessed against a landlord or landlord’s agent is subject to modification by the department before the date on which the order becomes final if the department determines that mitigating circumstances justify the modification.

History

Statutory/Other Authority: OL 2009, Ch 816, Sec 9 & ORS 456.555
Statutes/Other Implemented: OL 2005, Ch 619, Sec 4 & ORS 456.555
OHCS 6-2025, amend filed 03/19/2025, effective 03/20/2025
OHCS 5-2011, f. & cert. ef. 3-21-11
OHCS 14-2010(Temp), f. & cert. ef. 9-23-10 thru 3-21-11

Division 9 MOBILE HOME PARK PURCHASE PROGRAM

Or. Admin. R. 813-009-0001 Purpose and Objective

OAR 813, division 9, is promulgated to accomplish the general purpose of ORS 90.800 through 90.840 and 456.579 to 456.581, which authorize the Housing and Community Services Department to provide certain assistance to qualified tenants' associations, tenants’ association supported nonprofit organizations, and Facility Purchase Associations in purchasing their Manufactured Dwelling Park. The Manufactured Dwelling Park Purchase Program, established by these rules, is designed to assist Manufactured Dwelling Park residents in gaining control, through joint ownership of their Park, over rising rents and thereby avoid a declining quality of living.

History

Statutory/Other Authority: ORS 90.800–90.840, 90.630, 183, 446, 456.515–456.723 & 458.210–458.650
Statutes/Other Implemented: ORS 456.579–456.581
OHCS 16-2006, f. & cert. ef. 8-28-06
Reverted to HSG 8-1991, f. & cert. ef. 12-23-91
OHCS 4-2006(Temp), f. & cert. ef. 2-10-06 thru 8-8-06
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 15-1990, f. & cert. ef. 12-4-90

Or. Admin. R. 813-009-0005 Definitions

The meanings of words and terms used in OAR chapter 813, division 009, are consistent with definitions in the Act, in 813-009-0005 and below. As used in chapter 813, division 009, unless the context indicates otherwise:

(1) “Act” means ORS 456.515 through 456.725, and, where applicable, ORS 90.800 through 90.840.

(2) “Facility Purchase Association” means a group of three or more tenants who reside in a Manufactured Dwelling Park and have organized for the purpose of the eventual purchase of the Park.

(3) “Initial Costs” means costs incurred in the purchase of the Park by the residents. Such costs may include, but are not limited to:

(a) Legal fees;

(b) Appraisal fees;

(d) Professional fees associated with Park evaluation and management; and

(e) Other costs or fees approved by the Department.

(4) “Manufactured Dwelling Park” or “Park” means a facility for the location and use of manufactured housing, as the term “manufactured housing” is used in ORS 456.615, whether the facility is characterized as a “Mobile Home Park” or a “Manufactured Dwelling Park”.

(5) “Manufactured Dwelling Park Purchase Program” or “Program” means the process by which the Department makes discretionary loans from the Park Purchase Account pursuant to the Act and these rules.

(6) “Park Purchase Account” means the Mobile Home Parks Purchase Account established under ORS 456.579 for the purpose of providing technical assistance related to, and loans to pay Initial Costs for, purchasing Manufactured Dwelling Parks.

(7) “Qualified Facility Purchase Association” means a Facility Purchase Association that:

(a) Is established pursuant to ORS 90.815;

(b) Includes more than 50 percent of the tenants residing in the Park; and

(c) Demonstrates, to the satisfaction of the Department, that the Park purchase by the association is econmically feasible.

History

Statutory/Other Authority: ORS 90.800–90.840, 90.630, 183 & 446, 456.515–456.723 & 458.210–458.650
Statutes/Other Implemented: ORS 456.579–456.581
OHCS 16-2006, f. & cert. ef. 8-28-06
Reverted to HSG 8-1991, f. & cert. ef. 12-23-91
OHCS 4-2006(Temp), f. & cert. ef. 2-10-06 thru 8-8-06
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 15-1990, f. & cert. ef. 12-4-90

Or. Admin. R. 813-009-0010 Application Procedure and Requirements

(1) A Qualified Facility Purchase Association, a tenants’ association, or a tenants’ association supported nonprofit organization, may submit to the Department an application for a loan for Initial Costs for purchasing the Manufactured Dwelling Park in which its members reside.

(2) The Department may loan funds from the Park Purchase Account to such qualifying entities to cover Initial Costs in the purchase of a Manufactured Dwelling Park subject to factors including, but not limited to:

(a) Loan limitations established from time to time by the Department;

(b) Feasibility considerations made by the Department with respect to the proposed purchase;

(d) A maximum aggregate loan limit of $100,000 to any such entity. Furthermore, the Department may from time to time elect to restrict or reduce the availability of Park Purchase Account funds for Program loans in order to conserve such funds in any manner that it seems prudent.

(3) All applications for assistance from the Park Purchase Account will be in writing, delivered to the Department, and will contain at a minimum the following information:

(a) A copy of the relevant articles of incorporation for the applicant;

(b) The name, address, and telephone number of all officers of the applicant;

(c) Documentation satisfactory to the Department that any applicant of theQualified Facility Purchase Association represents at least fifty percent of all facility residents; and

(d) A detailed projection, satisfactory to the Department, of anticipated expenditures related to the proposed purchase of the facility.

History

Statutory/Other Authority: ORS 90.800–90.840, 90.630, 183, 446, 456.515–456.723 & 458.210–458.650
Statutes/Other Implemented: ORS 456.579–456.581
OHCS 16-2006, f. & cert. ef. 8-28-06
Reverted to HSG 8-1991, f. & cert. ef. 12-23-91
OHCS 4-2006(Temp), f. & cert. ef. 2-10-06 thru 8-8-06
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 15-1990, f. & cert. ef. 12-4-90

Or. Admin. R. 813-009-0015 Application Review

(1) The Department will reasonably act to acknowledge receipt of the application and to request any additional information concerning the application within 30 calendar days of its receipt of the application.

(2) The Department will reasonably act to advise the applicant in writing of the action taken by the Department with respect to the application within 60 calendar days of the Department’s receipt of the application and any additional information requested by the Department.

(3) In reviewing an application for a loan, the Department may consider factors including, but not limited to the following:

(a) Factors related to the availability of Park Purchase Account funds and the timing or amount of any loan as referenced in OAR 813-009-0010;

(b) The accuracy and responsiveness of the application;

(d) Whether or not the applying entity is a Qualified Facility Purchase Association and, if so, the percentage of residents in the Park that it represents.

(e) The availability of other sources of funds or assistance for the purchase of the Park and associated costs. Preference in the evaluation of applications may be given by the Department to Qualified Facility Purchase Associations and, among such associations, to those with the higher level of resident representation.

History

Statutory/Other Authority: ORS 90.800–90.840, 90.630, 183, 446, 456.515–456.723 & 458.210–458.650
Statutes/Other Implemented: ORS 456.579–456.581
OHCS 16-2006, f. & cert. ef. 8-28-06
Reverted to HSG 8-1991, f. & cert. ef. 12-23-91
OHCS 4-2006(Temp), f. & cert. ef. 2-10-06 thru 8-8-06
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 15-1990, f. & cert. ef. 12-4-90

Or. Admin. R. 813-009-0020 Type of Loan Assistance

(1) The Department will confirm in writing to an applicant the amount of assistance, if any, to be provided from the Park Purchase Account. Any assistance will be in the form of a loan made pursuant to a controlling written instrument.

(2) The Department will establish the terms of the loan, including (without limitation) its duration, interest rate and repayment schedule at or prior to its issuance. Without the written approval of the Director, the following loan limitations will apply:

(a) The initial duration of the loan shall not exceed three years;

(b) The initial interest rate on the loan shall not exceed the short-term money-market rate at the time of loan funding; and

(3) Successful applicants will submit vouchers, billings or paid receipts for Initial Costs to the Department, in form and content satisfactory to the Department, for the Department’s approval, prior to loan funds disbursement. Approval will be at the sole discretion of the Department. Upon approval by the Department, proceeds of the loan will be disbursed to vendors and/or to the successful applicant as determined by the Department.

(4) In addition to any other rights or remedies available under law, the Department may revoke any approval of the use of Park Purchase Account Funds, terminate all or part of any loan, accelerate all or part of the balance due on any loan and require immediate repayment of any or all of the funds advanced pursuant to a loan if any of the terms or conditions of the loan are not timely and completely satisfied.

History

Statutory/Other Authority: ORS 90.800–90.840, 90.630, 183, 446. 456.515–456.723 & 458.210–458.650
Statutes/Other Implemented: ORS 456.579–456.581
OHCS 16-2006, f. & cert. ef. 8-28-06
OHCS 4-2006(Temp), f. & cert. ef. 2-10-06 thru 8-8-06
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 15-1990, f. & cert. ef. 12-4-90

Or. Admin. R. 813-009-0035 Waiver

The Director, with the concurrence of the Council, may waive or modify any requirements of OAR 813, division 009, unless such waiver or modification would violate applicable state or federal law.

History

Statutory/Other Authority: ORS 90.800–90.840, 90.630, 813, 446, 456.515–456.723 & 458.210–458.650
Statutes/Other Implemented: ORS 456.579–456.581
OHCS 16-2006, f. & cert. ef. 8-28-06

Division 10 MULTI-UNIT HOUSING PROGRAM

Or. Admin. R. 813-010-0006 Purpose and Objectives

OAR chapter 813, division 10 is promulgated to carry out the provisions of ORS 456.515 through 456.725, as they pertain to the administration by the Housing and Community Services Department (Department) of the Multi-Unit Housing Program. These rules and the related determinations constitute the Department’s Multi-Unit Housing Program. The purpose of the program is to provide financing for the construction, rehabilitation and acquisition of multiunit housing in the State of Oregon for persons and families of lower income, while providing sufficient safeguards to protect the financial interest of the state.

History

Statutory/Other Authority: ORS 183, 456.515 - 456.725 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 3-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 6-1987, f. & ef. 3-10-87
1HD 8-1984, f. & ef. 9-4-84
1HD 2-1979, f. & ef. 6-29-79

Or. Admin. R. 813-010-0011 Definitions

(1) All terms used in OAR chapter 813, division 010, are defined in the Act, in OAR 813-005-0005 and herein.

(2) As used in OAR chapter 813, division 010, unless the context indicates otherwise: "Multi-Unit Project" or "Project" means housing containing more than one living unit for lower income families or persons, and/or disabled persons, but not providing continuous nursing care.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 3-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 8-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 6-1987, f. & ef. 3-10-87
1HD 8-1984, f. & ef. 9-4-84
1HD 2-1979, f. & ef. 6-29-79

Or. Admin. R. 813-010-0016 Standard Underwriting Criteria

In approving or disapproving any loan application, the Department and the Housing Stability Council shall consider, in addition to requirements elsewhere stated in the Program rules, the following criteria:

(1) The location of the Project site, including its proximity to transportation, shopping, social, commercial and recreational facilities, medical services, and such other facilities and services as shall best serve the prospective residents.

(2) Availability of street, sewer, water, utilities and other public services.

(3) Availability of public transportation.

(4) Financial feasibility of the Project.

(5) Architectural design, including aesthetic quality, soundness of construction, energy efficiency, and suitability to the needs of the residents to be served.

(6) Compliance with applicable local comprehensive plan and land use regulations.

(7) Market demand.

(8) The financial strength, credit reputation and history of the prospective Borrower.

(9) The experience of the developer, contractors, architects, consultants and management agent in developing, constructing and operating housing projects.

History

Statutory/Other Authority: ORS 183, 456.515 - 456.725 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.625 & 456.666
OHCS 3-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 8-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 6-1987, f. & ef. 3-10-87

Or. Admin. R. 813-010-0021 Form of Loan Assistance

(1) The Department shall make loans to Eligible Borrowers under the terms of written Commitments.

(2) Loans shall be made directly with proceeds from the issuance of Bonds or other available funds obtained by the Department. The Department may establish fees, charges, premiums and interest rates, repayment terms, performance criteria and reporting requirements as the Department considers appropriate or necessary for the type, use and amount of Loan provided, including but not limited to the following terms:

(a) The cost of borrowing through Bond issuance;

(b) The funds required to carry out the Multi-Unit Housing Program;

(3) The Borrower shall comply with the provisions of the Program rules and the Act. If the Borrower does not comply, the Department may revoke its Commitment or approval and/or demand repayment of all or a portion of the loan funds advanced.

(4) If the Department receives loan applications in an amount greater than the amount of funds available, the Department shall select those applications which, in the judgment of the Department, best achieve the purposes of the Program rules and the Act.

History

Statutory/Other Authority: ORS 183, 456.515 - 456.725 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.515 - 456.720
OHCS 3-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 8-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 6-1987, f. & cert. ef. 3-10-87
1HD 8-1984, f. & cert. ef. 9-4-84
1HD 11-1983, f. & cert. ef. 12-1-83
1HD 2-1982, f. & cert. ef. 1-4-82
1HD 4-1981, f. & cert. ef. 3-31-81
1HD 2-1981, f. & cert. ef. 1-30-81
1HD 15-1980, f. & cert. ef. 12-4-80
1HD 13-1980, f. & cert. ef. 8-8-80
1HD 8-1980, f. & cert. ef. 4-2-80
1HD 5-1980, f. & cert. ef. 3-19-80
1HD 2-1979, f. & cert. ef. 6-29-79

Or. Admin. R. 813-010-0029 Transfer of Ownership

(1) A Borrower who has received a loan or Commitment from the Department shall not transfer ownership, lease, or otherwise encumber any property which serves or will serve as security for a loan from the Department without prior written approval from the Department.

(2) A transfer of ownership means a sale, conveyance or other transfer of:

(a) Any interest of a general partner;

(b) Any interest in a joint venture;

(d) More than 10 percent of a corporate or limited liability company owner's interest;

(e) Any individual interest when the ownership is not a limited partnership, general partnership, joint venture, limited liability company or corporation, or

(f) Any lease of the property (except tenant leases done in the normal operation of the property).

(3) The Department may require a transfer application charge from owners of Projects that receive loans through the Department, who request the Department’s approval of a change in Project ownership. The Department may require a transfer review charge to Project owners and transferees who effect a change in Project ownership without prior written approval by the Department.

History

Statutory/Other Authority: ORS 183, 456.515 - 456.725 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 3-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 8-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 6-1987, f. & ef. 3-10-81
HSG 2-1987(Temp), f. & ef. 2-5-87
1HD 8-1984, f. & ef. 9-4-84
1HD 3-1982, f. & ef. 4-6-82
1HD 2-1981, f. & ef. 1-30-81
1HD 11-1980, f. 6-18-80, ef. 6-20-80

Or. Admin. R. 813-010-0032 Approved Housing Borrowers

(1) Any person may apply to become a Borrower.

(2) To help the Department evaluate the financial strength of a prospective Borrower to develop, own, maintain and manage a Project, the prospective Borrower shall submit any documents, credit reports and financial statements requested by the Department and consistent with the provisions of the Equal Credit Opportunity Act as it relates to the Department.

History

Statutory/Other Authority: ORS 183, 456.515 - 456.725 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 3-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 8-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 6-1987, f. & ef. 3-10-87
1HD 8-1984, f. & ef. 9-4-84
1HD 2-1979, f. & ef. 6-29-79

Or. Admin. R. 813-010-0033 Loans

(1) To be eligible to receive a loan, an Eligible Borrower shall comply with the terms contained in the Commitment issued by the Department and those conditions of eligibility set forth in the Program rules.

(2) Each loan shall not exceed the total allowable project costs or 85% of the appraised value of the Project, whichever is less,

(3) Except as determined by the Department, each loan shall be insured by the Federal Housing Administration or be for a Project which is the subject of a Housing Assistance Payments Contract between the Department, the Department of Housing and Urban Development (HUD) and the Borrower as well as an Annual Contributions Contract between the Department and HUD pursuant to Section 8 of the National Housing Act. Where a loan is not subject to such insurance or assistance payments, the Project shall be for occupancy by persons eligible for other federal or state assistance payments which would be paid at a level at least commensurate with the Borrower’s annual mortgage payments and operating expenses and which are certified to be likely to continue at least at such level throughout the term of a loan.

(4) Each loan shall have a final maturity of not more than 30 years and 62 days from the date of its making and shall be secured by a first lien deed of trust on the property securing the loan. Loans may be made to provide financing for newly-constructed or rehabilitated Projects.

(5) Loan Documents shall be on forms approved by the Department.

(6) Interest on a loan shall not exceed the rate stated in the Commitment. In establishing the rates of interest applicable to loans the Department shall take into account the rates of interest applicable to Bonds. If the Department is able to charge an interest rate lower than that specified in the Commitment, the Department may provide for the reduction of principal and interest payment on the loan.

(7) Each loan shall provide for the monthly collection of Escrow Payments to the extent permitted by law together with the monthly installment of principal and interest. All such payments shall be:

(a) Held for the benefit of the Department in an account in a financial institution acceptable to the Department and insured to the full extent legally possible by the Federal Deposit Insurance Corporation, or other similar federal insuring department; or

(b) Be held by the State of Oregon as provided and required by law.

(8) The Department shall establish prepayment penalties applicable to loans. In setting such penalties the Department shall take into account the need to protect the ability of the state to provide for the payment of the Bonds. Any prepayment penalties shall be set forth in the trust deed note.

History

Statutory/Other Authority: ORS 183, 456.515 - 456.725 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 3-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 8-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 6-1987, f. & cert. ef. 3-10-87, Renumbered from 813-010-0027
1HD 8-1984, f. & cert. ef. 9-4-84
1HD 2-1981, f. & cert. ef. 1-30-81
1HD 8-1980, f. & cert. ef. 4-2-80
1HD 5-1980, f. & cert. ef. 3-19-80
1HD 2-1979, f. & cert. ef. 6-29-79

Or. Admin. R. 813-010-0036 Eligible Multi-Unit Projects

(1) The Department shall evaluate each Project for consistency with the Department's interpretation of sound architectural and planning principles and underwriting standards.

(2) In order to qualify for a loan, a Project shall:

(a) Be approved by the Department with respect to site; location; market demand; financial feasibility; qualifications of general contractor, management agent, and developer; appraisal; financial strength and credit worthiness of the prospective Borrower; management plan; final architectural package; prospective Borrower’s organizational documents; title report; and any other information the Department shall prescribe;

(b) If subject to a Federal Housing Assistance Payments contract, comply at least with any standards required by the U.S. Department of Housing and Urban Development (HUD);

(d) Be located in the State of Oregon; and

(e) Meet all applicable HUD regulations provided for in the Code of Federal Regulations Part 24 Section 883, and all applicable State statutes and Program rules.

History

Statutory/Other Authority: ORS 183, 456.515 - 456.725 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 3-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 8-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 6-1987, f. & ef. 3-10-87
1HD 8-1984, f. & ef. 9-4-84
1HD 2-1979, f. & ef. 6-29-79

Or. Admin. R. 813-010-0042 Resident Eligibility and Occupancy

(1) To be eligible to occupy a Project, a person or household shall:

(a) Be a Resident of the State;

(b) Have an annualized gross household income which does not exceed the limit established by the Department from time to time in compliance with the Act, and the limits of Section 142(d)(1) of the Code, if applicable.

(2) The project shall conform to the maximum income requirement of ORS 456.620(4). At no time shall the maximum income limits exceed 120 percent of the median family income level, as determined by the Department. No more than 20 percent of the units of a housing project shall have an income level of between 100 and 120 percent.

(3) Relating specifically to acquisition/rehabilitation projects only, where tenants already reside in the project, the Department, at its sole discretion, may allow up to a one (1) year grace period for implementation of the standards identified in section (2) above in order to reduce the impact of displacement for over-income residents.

(4) No preference shall be given to any particular class or group in renting the residential units in the Project, except to the extent that residential units are required to be leased or rented to lower-income persons or households to comply with Program guidelines and as required to preserve the tax-exemption on Bonds issued to finance the Project. Rental of units shall not violate the Fair Housing provisions of the 1968 Civil Rights Act.

(5) Lower-income persons or households residing in the Project shall have equal access and enjoyment to all common facilities of the Project.

(6) The Borrower shall accept as residents in compliance with Section 8 programs, lower-income persons or households who are holders of certificates for federal housing assistance payments pursuant to Section 8 of the United States Housing Act of 1937 or a successor federal program, on the same basis as all other prospective residents. The Borrower shall not apply resident selection criteria to such Section 8 certificate holders which are more burdensome than the criteria applied to any other prospective resident.

(7) The Borrower shall conduct annual income certifications of residents to assure compliance with the income requirements of the Program.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183, 456.515 - 456.725 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.620, 456.646 & 456.675
OHCS 3-2007, f. & cert. ef. 1-11-07
OHCS 1-2001, f. & cert. ef. 2-15-01
OHCS 2-2000(Temp), f. & cert. ef. 9-15-00 thru 3-13-01

Or. Admin. R. 813-010-0051 Loan Security

Notwithstanding any other provision contained in the Program rules, the Department shall not disburse funds for a Loan until:

(1) The Loan is secured by a fully executed trust deed note and trust deed or other evidence of security.

(2) The Eligible Borrower has satisfied all conditions contained in the Commitment.

History

Statutory/Other Authority: ORS 183, 456.515 - 456.725 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 3-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 8-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 6-1987, f. & ef. 3-10-87
1HD 8-1984, f. & ef. 9-4-84
1HD 2-1979, f. & ef. 6-29-79

Or. Admin. R. 813-010-0700 Housing Assistance Payments Request and Certification Processing

(1) The Department shall review and approve documents and electronic transmissions relating to Section 8 subsidized Projects. The Department shall establish such reasonable requirements necessary to assure timely and accurate submission of such documents and transmissions. In order for the Department to disburse Housing Assistance Payments (HAP) to Borrowers of Section 8 Projects, Borrowers shall submit to the Department the following information:

(a) Electronic certifications of resident income;

(b) Electronic recertifications of resident income; and

(2) The following guidelines shall govern the processing of information in subsections (1)(a) through (c) of this rule:

(a) Certifications shall be prepared for all new residents and be signed by the resident and by the Borrower or its agent on or before the resident’s move-in date. All certifications shall be transmitted to the Department for review, before HAP may be paid on the unit. Certifications shall be by the 15th day of the month following the resident move-in. If the certification is received after that date, the HAP for that unit may begin the date the certification is received by the Department.

Example 1: Resident moves in March 3, certification is received by April 15; HAP starts March 3.

Example 2: Resident moves in March 3, certification is received April 20; HAP starts April 20. (Borrower lost HAP for period of March 3 through April 19).

(b) Recertification of resident income shall be completed and transmitted annually for each resident by the Borrower. Recertifications shall be transmitted by the Borrower to the Department by the 15th day of the month before the resident move-in date (effective date of recertification). Recertifications not received as prescribed may result in forfeiture of the HAP for that unit for each month the recertification is not received by the Department as prescribed.

(c) The Borrower or its agent shall submit HAP requests to the Department for each month, in advance, by the 15th day of the month before the month for which the request is made. The Borrower shall make any necessary adjustments to the HAP request each month.

(d) HAP requests, certifications and recertifications shall be correct before submission to the Department. The Department may make any adjustments necessary to comply with HUD requirements, the Housing Assistance Payments Contract, Department requirements and the Program rules.

History

Statutory/Other Authority: ORS 183, 456.515 - 456.725 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 3-2007, f. & cert. ef. 1-11-07
HSG 1-1996, f. & cert. ef. 3-14-96
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 8-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 6-1987, f. & cert. ef. 3-10-87
1HD 8-1984, f. & cert. ef. 9-4-84
1HD 2-1983, f. & cert. ef. 5-20-83

Or. Admin. R. 813-010-0705 Loan Servicing

(1) The servicing of loans shall be performed by servicer(s) selected and approved by the Department. Servicing, unless performed by the Department itself, shall be conducted under the terms and conditions contained in a servicing agreement entered into between the Department and any Approved Servicer. The Department shall prescribe the form of the servicing agreement. The Approved Servicer shall:

(a) Promptly collect all payments due under the Loan Agreement, Regulatory Agreement and Declaration of Restrictive Covenants;

(b) Provide the Department with a monthly accounting of loan payments and disbursements;

(c) Ensure that escrow account balances are maintained at a level sufficient for the payment of the Project's property taxes, insurance premiums and costs of replacement as they become due and payable;

(d) Forward payments to the Department according to the provisions of the servicing agreement;

(e) Forward payments for insurance premiums to the insurance company when due;

(f) Forward payments for property taxes to the county assessor when due;

(g) Assure that all improvements on the mortgaged premises are kept insured against fire and extended coverage, casualty, liability and business income loss in accordance with the Regulatory Agreement and Declaration of Restrictive Covenants;

(h) Provide the Borrower with regular analyses of servicing accounts; and

(i) Perform such other responsibilities as the Department may prescribe.

(2) In order to qualify as an Approved Servicer and continue as such, a Servicer shall demonstrate to the satisfaction of the Department that:

(a) One of its principal functions is the servicing of multi-unit or commercial loans secured by real estate;

(b) Such servicing is a customary and regular business activity of the Servicer;

(c) It is qualified to engage in the servicing of mortgage loans for government agencies or private institutions engaged in the secondary market for mortgage investments;

(d) It deposits funds to accounts in depositories which comply with the requirements of ORS 295.005, 295.015 to 295.018, and 295.025 and which are insured to the full extent legally possible by the Federal Deposit Insurance Corporation, or other similar federal insuring agency; and

(e) It shall maintain servicing facilities adequately staffed with personnel familiar with all regulations and requirements pertaining to or affecting loans serviced for the Department.

History

Statutory/Other Authority: ORS 183, 456.515 - 456.725 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 3-2007, f. & cert. ef. 1-11-07
HSG 3-1996, f. & cert. ef. 5-15-96
HSG 5-1995(Temp), f. & cert. ef. 11-8-95
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 4-1990, f. & cert. ef. 5-2-90
HSG 8-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 6-1987, f. & cert. ef. 3-10-87
1HD 8-1984, f. & cert. ef. 9-4-84, Renumbered from 813-010-0041
1HD 2-1979, f. & cert. ef. 6-29-79

Or. Admin. R. 813-010-0710 Change of Servicers

(1) The servicing agreement may be terminated or amended as provided in the servicing agreement or the Program rules.

(2) The Department may direct a change of Approved Servicers at any time consistent with the terms of the servicing agreement and these rules.

History

Statutory/Other Authority: ORS 183, 456.515 - 456.725 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 3-2007, f. & cert. ef. 1-11-07
HSG 3-1996, f. & cert. ef. 5-15-96
Reverted to HSG 8-1991, f. & cert. ef. 12-23-91
HSG 5-1995(Temp), f. & cert. ef. 11-8-95
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 8-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 6-1987, f. & ef. 3-10-87
1HD 8-1984, f. & ef. 9-4-84
1HD 3-1983, f. & ef. 7-20-83

Or. Admin. R. 813-010-0715 Loan Prepayments

(1) It is the general policy of the Department not to accept prepayments. The Department may, however, permit a prepayment if, in its sole discretion, the Department determines that the prepayment is consistent with the best interests of the Department, including its public purpose as defined in ORS 456.550.

(a) The Borrower must submit to the Department a written request for prepayment at least 90 days prior to the Borrower’s estimated prepayment date;

(b) The Department may charge the Borrower a prepayment review fee to cover the Department’s cost of review and processing the prepayment request.

(2) The Department must give prior written approval of any loan prepayment. In order to be valid, a written approval of prepayment must be signed by an authorized representative of the Department. In making a decision whether or not to allow prepayment of a loan, the Department may consider criteria that include, but are not limited to, the following:

(a) The financial impact of the prepayment on the Department's programs or on an individual program or Bond indenture;

(b) Economic factors, including, but not limited to, portfolio diversification and relative cost of capital;

(d) The ability of the Department to use proceeds of the loan prepayment to increase the availability of housing affordable to low-income Oregonians;

(e) The willingness of the Borrower to execute a written agreement or give other assurances that the Project will continue to be used for the purposes(s) originally intended, as specified in the Loan Documents, or for an alternate use consistent with the best interests of the Department, including its public purpose as defined in ORS 456.550. Such continued use will be for a period of time mutually agreed on by the Department and the Borrower;

(f) Tax law consequences; and

(g) Other factors the Department considers appropriate to insure the security for and the ability of the State to repay the Bonds, and to insure the ongoing financial viability and stability of the Department's programs.

(3) If the Department determines that a loan prepayment is consistent with the best interests of the Department, it only shall authorize the prepayment provided that the sum to be prepaid, computed as of the date of prepayment, shall equal the unpaid principal balance of the loan plus accrued interest and all other obligations plus, at the Department's discretion, a penalty or premium for the privilege of prepayment. Such prepayment penalty shall be determined based on terms of the original Loan Documents, and any amendments. The Department may waive all or a portion of such prepayment penalty if it determines in its sole discretion that such waiver is in the best interests of the Department. In making a decision whether or not to waive any or all of a prepayment penalty, the Department may consider, but is not limited to, the criteria identified in OAR 813-010-0715(2)(a) through (g).

(4) Where Section 8 Housing Assistance contracts or other rent subsidies are in place, the Department may approve a loan prepayment request only if such rent subsidies are not unduly impaired as determined in the sole discretion of the Department.

History

Statutory/Other Authority: ORS 183, 456.515 - 456.725 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 3-2007, f. & cert. ef. 1-11-07
OHCS 1-1999, f. & cert. ef. 6-1-99
Reverted to HSG 8-1991, f. & cert. ef. 12-23-91
OHCS 1-1998(Temp), f. & cert. ef. 9-1-98 thru 2-27-99
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 8-1989, f. & cert. ef. 11-3-89

Or. Admin. R. 813-010-0720 Disposal of Department-Owned Projects

(1) The Department may transfer ownership of a Department-owned Project through sale, gift or other lawful manner to a Person or Persons whom the Department determines best meets the requirements of this Program. The Department shall establish written procedures for selling a Project prior to any offering of such project, as applicable.

(2) The method of transfer of ownership, timing, price, terms and any other factors pertinent to the transfer of ownership shall be determined by the Department, in a manner which, in the opinion of the Department, best preserves the integrity and continuity of the Department's rental programs. Factors the Department may consider include, but are not limited to:

(a) The financial investment of the Department in the Project;

(b) Preservation of existing rental housing;

(c) Proposed owner's ability to manage, market, maintain and protect the project and property used as security for the loan made by the Department;

(d) Proposed owner's capacity to preserve or improve upon the projects safety, sanitation, durability and livability;

(e) Proposed Owner's ability to preserve units which are affordable and suitable to the needs of the residents; and

(f) Continued compliance with state or federal laws, rules or regulations, as applicable to the financing or use of the Project.

History

Statutory/Other Authority: ORS 456.515 - 456.725 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 3-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 8-1989, f. & cert. ef. 11-3-89

Or. Admin. R. 813-010-0740 Waiver

The Department may waive or modify any requirements of OAR 813, division 010, unless such waiver or modification would violate applicable federal or state statutes or regulations.

History

Statutory/Other Authority: ORS 456.515 - 456.720
Statutes/Other Implemented: ORS 456.555
OHCS 3-2007, f. & cert. ef. 1-11-07

Division 12 MULTI-FAMILY RENTAL FINANCING PROGRAM

Or. Admin. R. 813-012-0010 Temporary rule language in effect until 01/08/2027. Purpose and Objectives

The rules of OAR chapter 813, division 12, are promulgated to carry out the provisions of ORS 456.515 through 456.720, as they pertain to the administration by the Housing and Community Services Department (Department) of the Multifamily Rental Financing: Permanent Loan program (the “program”). These rules and the related determinations and orders of the Department constitute the program. The purpose of the program is to provide funds to finance the construction, rehabilitation, and acquisition of multi-unit rental housing in the State of Oregon, while providing sufficient safeguards to protect the financial interests of the state.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 90.630, 183.335, 456.515 - 456.723, 458.210 - 458.650 & 24 CFR 266
Statutes/Other Implemented: ORS 456.625
OHCS 17-2026, temporary amend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 4-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91

Or. Admin. R. 813-012-0020 Temporary rule language in effect until 01/08/2027. Definitions

(1) All capitalized terms used in OAR chapter 813, division 012, not defined below have the same meaning as defined in the Act and in OAR 813-005-0005.

(2) As used in OAR chapter 813, division 012, unless the context indicates otherwise:

(a) “Code” means the Internal Revenue Code of 1986, as amended.

(b) “Firm commitment” means a document outlining the terms and conditions of a program loan that has received Housing Stability Council approval, and will be funded subject to the successful completion of the conditions therein.

(c) "Gross household income" means the anticipated total income from all sources received by the head of household and by each additional member of the household 18 years of age and over, including all net income derived from assets for the twelve-month period following the date of certification of income, in accordance with regulations promulgated by the U.S. Department of Housing and Urban Development (HUD) at 24 CFR 813, or successor regulation.

(d) “HUD” means U.S. Department of Housing and Urban Development.

(e) “Program beneficiary” means a Borrower or any entity receiving a program contribution.

(f) “Program contribution” means program funding provided to a project in a form other than a program loan, including a subordinate loan or other contribution of funds to a project.

(g) “Program loan” means a senior secured loan to a borrower made in compliance with applicable program rules, statutes, Oregon Housing & Community Services (OHCS) orders and federal tax requirements, as applicable.

(h) “Rental housing project” or “project” means an application for funding received by OHCS through its Oregon Centralized Application (ORCA) process that includes the following characteristics:

(A) Includes 5 or more rental housing units that will have affordability restrictions tied to the funding request.

(B) Project sponsor agrees to all applicable OHCS funding specific underwriting, architectural and regulatory requirements as applicable.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 90.630, 183.335, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.625
OHCS 17-2026, temporary amend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 4-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91

Or. Admin. R. 813-012-0030 Temporary rule language in effect until 01/08/2027. Eligible Rental Housing Projects

(1) The Multifamily Rental Financing: Permanent Loan program manual dated July 13, 2026, is incorporated into this Division 12 by reference.

(2) Through its Multifamily Rental Financing: Permanent Loan program manual, dated July 13, 2026, the Department shall establish a method by which the Department will evaluate each project to ensure program and departmental standards are met.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 90.630, 183.335, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.625
OHCS 17-2026, temporary amend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 4-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91

Or. Admin. R. 813-012-0040 Temporary rule language in effect until 01/08/2027. Resident Eligibility and Occupancy

Through its Multifamily Rental Financing: Permanent Loan program manual, dated July 13, 2026, the Department shall establish standards by which eligibility for project residents will be determined.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 90.630, 183.335, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.620, 456.645 & 456.675
OHCS 17-2026, temporary amend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 4-2007, f. & cert. ef. 1-11-07
OHCS 1-2001, f. & cert. ef. 2-15-01
OHCS 2-2000(Temp), f. & cert. ef. 9-15-00 thru 3-13-01
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91

Or. Admin. R. 813-012-0050 Temporary rule language in effect until 01/08/2027. Restrictions Associated with Tax-Exempt Financing

Projects may be required to comply with the applicable restrictions of Section 103 and Sections 141 to 149 of the code. The Department expects to provide financing for projects under the Multifamily rental financing program by issuing bonds, the interest on which may be excludable from gross income under the code. The exclusion is available under Section 103 of the Code, and is detailed in Sections 141 through 149 of the code. These code provisions impose substantial restrictions on the projects receiving financing, the amount of financing, and the residents who occupy the projects. The restrictions may vary depending on the type of entity that owns and operates the project. Projects owned or operated by private, for-profit entities are subject to the greatest restrictions, as detailed in Section 142(d) of the code and the applicable regulations.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.625
OHCS 17-2026, temporary amend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 4-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91

Or. Admin. R. 813-012-0060 Temporary rule language in effect until 01/08/2027. Borrower Reporting and Compliance Monitoring

Through its risk share program compliance manual, dated 2014, the Department will establish standards and procedures for satisfying ongoing compliance requirements.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 90.630, 183.335, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: 456.515 - 456.723
OHCS 17-2026, temporary amend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 4-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91

Or. Admin. R. 813-012-0065 Temporary rule language in effect until 01/08/2027. Loan Security

The Department shall not disburse funds for a program loan until:

(1) The loan is secured by a fully executed promissory note and first lien trust deed in such form as required by the Department, provided that a shared first lien with a trust deed securing a loan from the Department under programs funded under Article XI-Q of the Oregon Constitution and ORS 458.480 through 458.490, in such form as the Department may determine, will also be acceptable.

(2) The borrower has satisfied all conditions required by OHCS.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.866, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 90.800 - 90.840, 91.866, 456.515 - 456.723, 458.210 - 458.650 & 456.515 - 456.720
OHCS 17-2026, temporary adopt filed 07/13/2026, effective 07/13/2026 through 01/08/2027

Or. Admin. R. 813-012-0070 Temporary rule language in effect until 01/08/2027. Insurance and Guarantees

The borrower shall be responsible for obtaining any required HUD/FHA mortgage insurance or other payment guarantees satisfactory to the Department.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 90.630, 183.335, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.625
OHCS 17-2026, temporary amend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 4-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91

Or. Admin. R. 813-012-0080 Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Criteria for Selecting Projects

The Department may select Project applications which, in the judgment of the Department best achieve the purposes of the Program and the Act. Preference will be given to Projects which:

(1) Have the lowest rents possible in comparison with local market rents (as determined by the Department) in the community where the Project is to be located;

(2) Have the greatest level of support services appropriate to the needs of the expected resident population (e.g. child care, job training); and

(3) Because of their characteristics, would have the most difficulty obtaining other financing.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 90.630, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.625
OHCS 17-2026, temporary suspend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 4-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91

Or. Admin. R. 813-012-0090 Temporary rule language in effect until 01/08/2027. Processing Procedures

The department shall outline the process for accepting and processing applications for program loans in the Multifamily Rental Financing: Permanent Loan program manual, dated July 13, 2026.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 90.630, 183.335, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.625
OHCS 17-2026, temporary amend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 4-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91

Or. Admin. R. 813-012-0100 Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Fees, Charges and Loan Interest Rate

(1) The Department may charge a nonrefundable commitment fee up to two percent of the committed Program Loan amount. The Eligible Borrower shall include the fee, if any, with the Eligible Borrower’s signed acceptance of the Commitment when it is returned to the Department.

(2) The Department may require from the Borrower additional charges to cover the costs and reduce the financial risk to the Department of issuing Bonds.

(3) The Department shall establish loan rates which are at least sufficient to permit the Department to pay debt service on its Bonds, and costs of issuing the Bonds and administering the Rental Housing Program.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 90.630, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.625
OHCS 17-2026, temporary suspend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 4-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91

Or. Admin. R. 813-012-0110 Temporary rule language in effect until 01/08/2027. Program Loans

(1) To be eligible to receive a program loan for financing, an eligible borrower shall comply with the terms contained in the firm commitment issued by the Department and those conditions of eligibility set forth in these rules.

(2) Loan documents shall be on forms approved by the Department.

(3) The Department shall not disburse funds for a program loan until:

(a) The project has been completed to the satisfaction of the Department;

(b) The eligible borrower executes loan documents and other program documentation in form and substance satisfactory to the Department;

(c) A regulatory agreement specifying affordability covenants and other restrictions, in such form as required by the Department, has been executed by the eligible borrower and recorded.

(4) The borrower shall establish one or more escrow accounts at a financial institution designated by or acceptable to the Department for the collection and disbursement of Project funds.

(a) The borrower shall deposit into the escrow account on a monthly basis such amounts necessary to ensure the account will contain sufficient funds to pay real estate taxes, insurance premiums, monthly installments of principal and interest on the program loan or program contribution, and other related costs as they come due.

(b) If required by the Department, an escrow account shall be established for the collection and disbursement of reserve account funds.

(c) Escrow accounts shall be held, managed and secured in accordance with the Department’s requirements and applicable state.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 90.630, 183.335, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.625
OHCS 17-2026, temporary amend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 4-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91

Or. Admin. R. 813-012-0115 Temporary rule language in effect until 01/08/2027. Project Requirements

(1) All developments must meet the following requirements:

(a) Units financed by the Department must satisfy applicable IRS tax-exempt bond requirements, including either reserving at least 40 percent of units for households at or below 60 percent of area median income (AMI) or reserving at least 20 percent of units for households at or below 50 percent of AMI.

(b) For projects involving the acquisition or rehabilitation of existing multifamily housing in which tenants are residing at the time of program loan closing, the Department, at its sole discretion, may allow up to a one (1) year grace period for implementation of the resident eligibility standards identified in the Multifamily Rental Financing: Permanent Loan program manual in order to reduce the impact of displacement for over-income residents.

(2) For projects being financed with proceeds from bonds (as defined in 813-005-0005(6)) issued on a federally tax-exempt basis, tenants must have an annualized gross household income not exceeding the income limit required to ensure compliance with Section 142(d)(1) and Section 145 of the code, as applicable:

(3) The borrower shall conduct annual income certifications of all residents to ensure compliance with this section and, as applicable, with Section 142(d) and Section 145 of the code, and shall, where necessary, hold units vacant and available for occupancy by persons meeting the income requirements elected pursuant to Section 142(d) and Section 145 of the code, as applicable.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183.335, 456.515 - 456.723 & 458.210 - 458.740
Statutes/Other Implemented: ORS 90.800 - 90.840, 91.886, 183.335, 456.515 - 456.723, 458.210 - 458.740, ORS 456.620, 456.645 & 456.675
OHCS 17-2026, temporary adopt filed 07/13/2026, effective 07/13/2026 through 01/08/2027

Or. Admin. R. 813-012-0120 Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Construction and Completion

(1) During the construction of the Project, the Department may conduct random inspections for Borrower’s compliance with the plans and specifications previously approved by the Department. The Borrower’s supervising architect shall submit regular inspection reports to the Department. Change orders must be signed by the contractor, supervising architect, the Borrower and HUD, if applicable, before being submitted to the Department for its approval.

(2) Upon completion of construction of a Project, the Department and other contractual or regulatory entities, as applicable, may perform an inspection to assure the Borrower’s compliance with the approved plans and specifications. If some items of construction remain to be completed due to circumstances beyond the control of the Borrower (provided the incomplete items do not detract from livability or safety of the Project), the Department may require the Borrower to place in an escrow account, approved by the Department and under Department control, an amount equal to one and one-half times the estimated cost of completion, until the construction item is completed.

(3) Upon substantial completion of acquisition, construction and equipping of the Project, the Borrower shall submit to the Department a certificate containing the following:

(a) The Borrower’s statement that the Project has been substantially completed and is ready and available for occupancy as of a specified date (which shall be the completion date);

(b) The Borrower’s statement of the aggregate amount, if any, advanced against the Program Loan prior to and upon the completion date; and

(c) The Borrower’s certification that as of the completion date, there has been full compliance with the provisions of the Regulatory Agreement and Declaration of Restrictive Covenants.

(4) An architect with an ownership interest in the Project shall not act as a supervising architect.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 90.630, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.625
OHCS 17-2026, temporary suspend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 4-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91

Or. Admin. R. 813-012-0130 Temporary rule language in effect until 01/08/2027. Loan Servicing

The Department may service program loans and program contributions internally or utilize a third party to provide loan servicing for any or all program loans or program contributions. When utilizing a third-party servicer, the Department will specify the loan servicing process through a servicing agreement.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 90.630, 183.335, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.625
OHCS 17-2026, temporary amend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 4-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91

Or. Admin. R. 813-012-0140 Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Change of Approved Servicers

(1) The servicing agreement may be terminated or amended as provided in the servicing agreement or these rules.

(2) The Department may direct a change of Approved Servicers at any time consistent with the terms of the servicing agreement and these rules.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 90.630, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.625
OHCS 17-2026, temporary suspend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 4-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91

Or. Admin. R. 813-012-0150 Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Transfer of Ownership

(1) A Borrower or Eligible Borrower who has received a Program Loan or Commitment from the Department shall not transfer ownership, lease or otherwise encumber any property which serves or will serve as security for a Program Loan without prior written approval from the Department. Approval will not be unreasonably withheld.

(2) A transfer of ownership means a sale, conveyance or other transfer of:

(a) Any interest of a general partner;

(b) Any interest in a joint venture;

(d) More than 10 percent of a corporate owner’s interest; or

(e) Any individual interest when the ownership is not a limited partnership, general partnership, joint venture or corporation.

(3) The Department may require a transfer application charge from owners of Projects that receive loans through the Department, who request the Department’s approval of a change in Project ownership. The Department may require a transfer review charge to Project owners and transferees who effect a change in project ownership without prior written approval from the Department.

(4) A 100 percent transfer of ownership means a sale, conveyance or other transfer of:

(a) All interest of a general partnership;

(b) All interest of a joint venture;

(d) All general partners’ interest in a limited partnership; or

(e) All individual interest of an ownership entity when the ownership entity is not a limited partnership, general partnership, joint venture or corporation.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 90.630, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.625
OHCS 17-2026, temporary suspend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 4-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91

Or. Admin. R. 813-012-0160 Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Loan Prepayments

(a) The Borrower must submit to the Department a written request for prepayment at least 90 days prior to the Borrower’s estimated prepayment date;

(b) The Department may charge the Borrower a prepayment review charge to cover the Department’s cost of review and processing the prepayment request.

(a) The financial impact of the prepayment on the Department’s programs or on an individual program or Bond indenture;

(b) Economic factors, including, but not limited to, portfolio diversification and relative cost of capital;

(d) The ability of the Department to use proceeds of the loan prepayment to increase the availability of affordable housing stock to low-income Oregonians;

(e) The willingness of the Borrower to execute a written agreement or give other assurances that the Project will continue to be used for the purpose(s) originally intended, as specified in the Loan Documents, or for an alternate use consistent with the best interests of the Department, including its public purpose as defined in ORS 456.550. Such continued use will be for a period of time mutually agreed on by the Department and the Borrower;

(f) Tax law consequences; and

(3) If the Department determines that a loan prepayment is consistent with the best interests of the Department, it only shall authorize the prepayment provided that the sum to be prepaid, computed as of the date of prepayment, shall equal the unpaid principal balance of the loan plus accrued interest and all other obligations plus, at the Department’s discretion, a penalty or premium for the privilege of prepayment. Such prepayment penalty shall be determined based on terms of the original Loan Documents, and amendments thereto which have been mutually agreed on by the Department and the Borrower. The Department may waive all or a portion of such prepayment penalty if it determines in its sole discretion that such waiver is in the best interests of the Department. In making a decision whether or not to waive any or all of a prepayment penalty, the Department may consider, but is not limited to, the criteria identified in OAR 813-12-160(2)(a) through (g).

(4) Where Section 8 Housing Assistance contracts or other rent subsidies are in place, the Department may approve a loan prepayment request only if such rent subsidies are not unduly impaired, determined at the sole discretion of the Department.

(5) Failure to make timely submission of a prepayment penalty will cause additional interest to accrue at loan rate or statutory rate, whichever is higher.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 90.630, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 17-2026, temporary suspend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 4-2007, f. & cert. ef. 1-11-07
OHCS 1-1999, f. & cert. ef. 6-1-99
Reverted to HSG 8-1991, f. & cert. ef. 12-23-91
OHCS 1-1998(Temp), f. & cert. ef. 9-1-98 thru 2-27-99
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91

Or. Admin. R. 813-012-0170 Temporary rule language in effect until 01/08/2027. Disposal of Department-Owned Projects

(1) The Department may transfer ownership of projects acquired through foreclosure or deed in lieu of foreclosure through sale, gift or other lawful manner to a person, persons, or entity whom the Department determines meets the requirements of this program. The Department shall establish written procedures for selling a project prior to any offering of such project, as applicable.

(2) The method of transfer of ownership, timing, price, terms, and any other factors pertinent to the transfer of ownership shall be determined by the Department in a manner which, in the opinion of the Department, best preserves the integrity and continuity of the Department's rental programs. Factors the Department may consider include, but are not limited to:

(a) The financial investment of the Department in the project;

(b) Preservation of existing rental housing;

(c) Proposed new owner’s ability to manage, market, maintain and protect the project and any property used as security for the program loan or program contribution relating to the project;

(d) Proposed new owner’s capacity to preserve or improve upon the project’s safety, sanitation, durability and livability;

(e) Proposed new owner’s ability to preserve units that are affordable and meet the needs of current and future tenants;

(f) Continued compliance with state or federal laws, rules and regulations, as applicable to the financing or operation of the project.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 90.630, 183.335, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.625
OHCS 17-2026, temporary amend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 4-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91

Or. Admin. R. 813-012-0180 Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Waiver

The Department may waive or modify any requirements of OAR 813, division 012, unless such waiver or modification would violate applicable federal or state statutes or regulations.

History

Statutory/Other Authority: ORS 456.515 - 456.720
Statutes/Other Implemented: ORS 456.555
OHCS 17-2026, temporary suspend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 4-2007, f. & cert. ef. 1-11-07

Division 15 OREGON RURAL REHABILITATION PROGRAM

Or. Admin. R. 813-015-0001 General Purpose

OAR chapter 813, division 15, is promulgated to accomplish the general purpose of ORS 456.515 to 456.725 and 566.310 to 566.360, specifically 566.340, which authorizes the Department to make funds available to provide housing or related facilities for Farmworkers. The objective of the Oregon Rural Rehabilitation (ORR) Program is to provide financial assistance in the form of ORR Loans to Eligible Borrowers for the construction, acquisition and/or rehabilitation of housing for Farmworkers and their families, thereby expanding the supply of affordable, decent and safe housing for Farmworkers and their families in Oregon.

History

Statutory/Other Authority: ORS 456.515 - 456.725
Statutes/Other Implemented: ORS 456.515 - 456.725 & 566.310 - 566.360
OHCS 19-2006, f. & cert. ef. 11-15-06

Or. Admin. R. 813-015-0006 Definitions

All words and terms used in OAR chapter 813, division 15, are defined in ORS 456.515 to 456.725, 566.310 to 566.360 and as provided in 813-005-0005 and herein. As used in these rules, unless the context indicates otherwise:

(1) “Eligible Project” means the acquisition, construction and/or rehabilitation of housing or related facilities which shall be primarily occupied by Farmworkers who, in the last 12 calendar months have, at a minimum, earned fifty percent (50%) of their income or worked fifty percent (50%) of their time in agriculture or aquaculture.

(2) “Farmworker” means any person working in connection with cultivating soil, raising or harvesting any agricultural or aquacultural commodity as further described in OAR 813-039-0010(6).

(3) “Fund” means the Oregon Rural Rehabilitation (ORR) Fund.

(4) “Nonprofit Housing Corporation” means an organization formed under ORS chapter 65 that has been organized exclusively to provide housing facilities as further described in ORS 456.615(14).

(5) “ORR Loan” means a loan by the Department to finance a Farmworker housing project as part of the Oregon Rural Rehabilitation Loan Program.

History

Statutory/Other Authority: ORS 456.515 - 456.725
Statutes/Other Implemented: ORS 456.515 - 456.725 & 566.310 - 566.360
OHCS 19-2006, f. & cert. ef. 11-15-06

Or. Admin. R. 813-015-0011 Eligibility for Funding

Subject to the availability of Funds and limitations otherwise prescribed by law, the Department may provide funding in the form of ORR Loans to Eligible Borrowers for Eligible Projects.

(1) The Department may make ORR Loans to Eligible Borrowers under the terms and conditions as set forth in the Program rules and Program loan application.

(2) Program criteria includes but is not limited to:

(a) The Eligible Borrower shall provide a complete Program loan application, as determined by the Department.

(b) The Eligible Project may be new construction, acquisition and/or rehabilitation, multiple homeownership or multi-family rental housing with a minimum of two (2) units.

(c) The ORR Loan may be in a first or junior lien position provided there is one-hundred percent (100%) or greater security of the ORR Loan for the full term, as determined by the Department.

(d) The ORR Loan shall not exceed 35 percent (35%) of the Eligible Project costs or $100,000; whichever is less, except upon a finding by the Department that special circumstances justify a greater amount at the discretion of the Director.

(e) Eligible Borrowers include Nonprofit Housing Corporations, for profit or governmental entities that are developers of affordable Farmworker housing.

(f) The Eligible Project must be used primarily as Farmworker housing with related support services, as further defined in Division 813-015-0006.

History

Statutory/Other Authority: ORS 456.515 - 456.725
Statutes/Other Implemented: ORS 456.515 - 456.725 & 566.310 - 566.360
OHCS 19-2006, f. & cert. ef. 11-15-06

Or. Admin. R. 813-015-0016 Availability and Source of Funds

(1) The Department may provide funding, subject to the availability of Funds through a process which may include, but is not limited to, a first come-first reviewed process or a competitive review process.

(2) The Oregon Rural Rehabilitation (ORR) Program is funded by monies realized from an agreement between the State of Oregon and the Secretary of Agriculture of the United States. The ORR fund was originally established following the Depression as part of New Deal efforts to stabilize the agricultural economy and strengthen rural communities. For many years the funds were administered by the federal government and the Oregon Rural Rehabilitation Corporation. The State Land Board became the successor to the Oregon Rural Rehabilitation Corporation in 1953. In 1975 an agreement was signed between the Division of State Lands and the U.S. Department of Agriculture, Farmers Home Administration, for administration of the ORR fund. In 1994 the Oregon Legislative Assembly transferred the ORR Program from the Division of State Lands to Oregon Housing and Community Services (OHCS). Since 1994, OHCS has operated the ORR fund as a revolving loan account.

History

Statutory/Other Authority: ORS 456.515 - 456.725
Statutes/Other Implemented: ORS 456.515 - 456.725 & 566.310 - 566.360
OHCS 19-2006, f. & cert. ef. 11-15-06

Or. Admin. R. 813-015-0021 Program Loan Terms

(1) The term of an ORR Loan may be up to, but shall at no time exceed, ten (10) years without prior written approval by the Department.

(2) Interest shall accrue at a per annum rate not exceeding one percent (1%) made to an Eligible Borrower who is a Nonprofit Housing Organization, and at a per annum rate not exceeding three percent (3%) made to any other Eligible Borrower.

(3) The Department will notify the Eligible Borrower of the type of funding, if any, to be provided and the terms and conditions of the ORR Loan in the form of a Commitment letter. The Commitment letter shall be executed by the Eligible Borrower prior to any advance of funds or contractual agreements are signed.

(4) The terms and conditions that may be contained in the Commitment letter may include, but are not limited to:

(a) The approved amount of the ORR Loan;

(b) The charges and premiums that are due and payable;

(d) The repayment terms;

(e) The Loan Documents to be executed by the Eligible Borrower;

(f) Performance criteria; and,

(g) Reporting criteria.

(3) If during the term of the ORR Loan, the Eligible Borrower does not comply with the terms and conditions of the Commitment letter and Loan Documents, the Department may, upon written notice to the Eligible Borrower, immediately revoke approval of the use of the Funds, terminate any Commitment to provide funding and/or demand repayment of all or a portion of the Funds advanced, if any.

History

Statutory/Other Authority: ORS 456.515 - 456.725
Statutes/Other Implemented: ORS 456.515 - 456.725 & 566.310 - 566.360
OHCS 19-2006, f. & cert. ef. 11-15-06

Or. Admin. R. 813-015-0026 Loan Security

Not withstanding any other provision contained in the Program rules, the Department will not disburse funds for an ORR Loan until:

(1) The Eligible Borrower has provided adequate verification, satisfactory to the Department, which determines the value of the security.

(2) The ORR Loan is secured by a fully executed trust deed note and other appropriate Loan Documents as determined by the Department.

(3) The trust deed is recorded and is in an acceptable lien position, as determined by the Department.

(4) The Eligible Borrower has satisfied all conditions contained in the Commitment letter.

History

Statutory/Other Authority: ORS 456.515 - 456.725
Statutes/Other Implemented: ORS 456.515 - 456.725 & 566.310 - 566.360
OHCS 19-2006, f. & cert. ef. 11-15-06

Or. Admin. R. 813-015-0031 Application Requirements

An Eligible Borrower shall submit, in form and in accordance with a process prescribed by the Department, information which includes but is not limited to:

(1) Completion of the prescribed Program loan application accompanied by the application charge as determined by the Department.

(2) The prescribed Program loan application may include, but is not limited to:

(a) A written description of the Eligible Project, including the number of units, proposed rents, site location, the proposed program of services for residents and the availability of those services in the future, Eligible Project amenities, and any other information pertinent to the Eligible Project;

(b) A proforma of the Eligible Project’s operating budget, sources of funding, and development budget;

(d) A description of the experience of the Eligible Borrower, consultant, property manager, general contractor, and other members of the development team as requested by the Department;

(e) Adequate verification of value for the collateral offered as security for the ORR Loan;

(f) A financially viable repayment plan that meets the Program loan terms; and

(g) Such other information and documentation as prescribed in the Program loan application and as the Department may require.

(3) The Department may require a non-refundable application charge from any Eligible Borrower requesting an ORR Loan.

(4) The Department may require a non-refundable loan commitment charge payable at the time of loan closing or after acceptance of the Commitment Letter, as determined by the Department.

History

Statutory/Other Authority: ORS 456.515 - 456.725
Statutes/Other Implemented: ORS 456.515 - 456.725 & 566.310 - 566.360
OHCS 19-2006, f. & cert. ef. 11-15-06

Or. Admin. R. 813-015-0035 Application Review and Processing Procedures

(1) The Department will review Program loan applications upon their appropriate delivery subject to, but not limited to:

(a) Applications being complete and consistent with Department and Program requirements, guidelines and policy standards.

(2) ORR Loans not exceeding $100,000 may be approved by the Department. Any ORR Loan exceeding $100,000 must be approved by the Housing Stability Council.

(3) After consideration of the proposal, the Department will approve or disapprove the ORR Loan request or take other appropriate action.

(4) The Eligible Borrower will be notified in writing of the Department’s decision.

(5) If a ORR Loan request is approved, the Department will issue a Commitment letter containing the terms and conditions on which the Department will close the ORR Loan.

(6) In approving or disapproving any ORR Loan application, the Department may consider, but is not limited to, the following criteria:

(a) Availability of Program Funds;

(b) Ability to leverage public or private funds;

(d) Number and type of housing units to be provided or the number of Farmworkers to be housed;

(e) Financial strength and viability of the proposed Eligible Project;

(f) Experience of the development team;

(g) The development team’s readiness to proceed with development;

(h) The proposed repayment plan;

(i) The value of the security offered as collateral; and

(j) Administrative costs and/or responsibilities imposed on the Department in connection with the proposed Funding.

(7) ORR Loan funds will be disbursed upon the Eligible Borrower executing the Commitment letter, satisfying all pre-closing conditions contained in the Commitment letter, and execution of the Loan Documents.

History

Statutory/Other Authority: ORS 456.515 - 456.725
Statutes/Other Implemented: ORS 456.515 - 456.725 & 566.310 - 566.360
OHCS 19-2006, f. & cert. ef. 11-15-06

Or. Admin. R. 813-015-0040 Transfer of Ownership

(1) An Eligible Borrower who has received an ORR Loan shall not transfer ownership, lease, or otherwise encumber any property which serves as security for a ORR Loan without prior written consent from the Department. Consent will not be unreasonably withheld.

(2) A transfer of ownership means a sale, conveyance or other transfer of:

(a) Any interest of a general partner;

(b) Any interest in a joint venture;

(d) More than ten percent (10%) of a corporate owner’s interest; or

(e) Any individual interest when the ownership is not a limited partnership, joint venture or corporation.

(3) The Department may collect from the Eligible Borrower a transfer processing charge of 1% of the current ORR Loan balance with a minimum of $100 and a maximum of $1,000, plus any incurred Department of Justice charges or other legal costs incurred.

History

Statutory/Other Authority: ORS 456.515 - 456.725
Statutes/Other Implemented: ORS 456.515 - 456.725 & 566.310 - 566.360
OHCS 19-2006, f. & cert. ef. 11-15-06

Or. Admin. R. 813-015-0045 Equal Opportunity

No person receiving Program Funding under OAR chapter 813, division 15, shall make any distinction or restriction or discriminate against any purchaser, occupant or lessee, or prospective purchaser, occupant or lessee, relating to the sale, rental, lease or occupancy of real property, because of race, color, creed, sex, marital status or national origin.

History

Statutory/Other Authority: ORS 456.515 - 456.725
Statutes/Other Implemented: ORS 456.515 - 456.725 & 566.310 - 566.360
OHCS 19-2006, f. & cert. ef. 11-15-06

Or. Admin. R. 813-015-0050 Waiver

The Department may waive or modify any requirements of OAR 813, division 015, unless such waiver or modification would violate applicable federal or state statures or regulations.

History

Statutory/Other Authority: ORS 456.515 - 456.725
Statutes/Other Implemented: ORS 456.515 - 456.725 & 566.310 - 566.360
OHCS 19-2006, f. & cert. ef. 11-15-06

Division 20 BOND RESIDENTIAL LOAN PROGRAM & FLEX LENDING FIRSTHOME PRODUCT

Or. Admin. R. 813-020-0000 Purpose and Objectives

The rules of OAR Chapter 813, Division 20 (this “Division”) establish and implement the Oregon Bond Residential Loan Program & Flex Lending FirstHome Product (the “Program”). Under the Program, Oregon Housing and Community Services (the “Department” or “OHCS”) purchases loans issued by Approved Lenders (described below) for acquisition of single-family homes to encourage and assist moderate- and lower-income persons in Oregon to purchase, improve and rehabilitate owner-occupied new and existing residential housing (the “Mortgage Loans,” described below).

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555, 456.620, 456.625, 456.635 & 456.640
OHCS 20-2025, adopt filed 04/16/2025, effective 04/16/2025
OHCS 46-2024, temporary adopt filed 11/04/2024, effective 11/04/2024 through 05/02/2025

Or. Admin. R. 813-020-0005 Program Definitions

The following definitions and those in ORS Chapters 456 and 458 apply to OAR Chapter 822, unless the context indicates otherwise, or the term is otherwise defined in a subsequent division:

(1) “Approved Lender” is a mortgage lender that is authorized by Oregon law to originate mortgage loans in the state and has executed an agreement to provide mortgage loans to the Department.

(2) "Department's Servicer" means the Department’s Master Servicer who services Mortgage Backed Security based mortgage loans.

(3) "Servicer" means a loan servicer that has an agreement with the Department to provide mortgage loan servicing for individual Department Mortgage Loans.

(4) “Servicing” means the act of performing the duties of a Servicer with the department.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555
OHCS 20-2025, amend filed 04/16/2025, effective 04/16/2025
OHCS 46-2024, temporary amend filed 11/04/2024, effective 11/04/2024 through 05/02/2025
OHCS 1-2012, f. & cert. ef. 3-27-12
OHCS 8-2011(Temp), f. & cert. ef. 9-30-11 thru 3-27-12
HSG 4-1995, f. & cert. ef. 9-28-95
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 10-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
1HD 9-1984, f. & ef. 9-4-84
1HD 14, f. & ef. 10-3-77

Or. Admin. R. 813-020-0020 Approved Lenders

All Mortgage Loan(s) will be originated and closed using Approved Lenders who apply for and meet the requirements of a solicitation issued by the Department. Mortgage Loans delivered to the Department by Approved Lenders must also meet the requirements of the Department’s Servicer.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.625
OHCS 20-2025, amend filed 04/16/2025, effective 04/16/2025
OHCS 46-2024, temporary amend filed 11/04/2024, effective 11/04/2024 through 05/02/2025
OHCS 1-2012, f. & cert. ef. 3-27-12
OHCS 8-2011(Temp), f. & cert. ef. 9-30-11 thru 3-27-12
HSG 4-1995, f. & cert. ef. 9-28-95
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 10-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
1HD 9-1984, f. & ef. 9-4-84
1HD 3-1979, f. & ef. 6-29-79
1HD 14, f. & ef. 10-3-77

Or. Admin. R. 813-020-0035 Locking Loans

(1) An Approved Lender may Lock Mortgage Loans (also known as “reserving funds”). A “Lock” reserves funds available for the purchase of Mortgage Loans under the Program.

(2) Locks are on a first-come-first-served loan by loan basis.

(3) Details regarding Locks are available in the Oregon Bond and Flex Lending FirstHome Guideline Manual located on the Department’s website.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555
OHCS 20-2025, amend filed 04/16/2025, effective 04/16/2025
OHCS 46-2024, temporary amend filed 11/04/2024, effective 11/04/2024 through 05/02/2025
OHCS 1-2012, f. & cert. ef. 3-27-12
OHCS 8-2011(Temp), f. & cert. ef. 9-30-11 thru 3-27-12
HSG 4-1995, f. & cert. ef. 9-28-95
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 10-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
1HD 9-1984, f. & ef. 9-4-84
1HD 14, f. & ef. 10-3-77

Or. Admin. R. 813-020-0045 Manual

The Oregon Bond and Flex Lending FirstHome Guideline Manual with the requirements and standards therein, is incorporated into and adopted as part of this division of administrative rules, by reference. The program manual may be accessed online at the OHCS website. The manual is dated August 15,2026.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555
OHCS 25-2026, amend filed 08/31/2026, effective 08/31/2026
OHCS 4-2026, temporary amend filed 02/03/2026, effective 02/03/2026 through 08/01/2026
OHCS 20-2025, amend filed 04/16/2025, effective 04/16/2025
OHCS 46-2024, temporary amend filed 11/04/2024, effective 11/04/2024 through 05/02/2025
OHCS 1-2012, f. & cert. ef. 3-27-12
OHCS 8-2011(Temp), f. & cert. ef. 9-30-11 thru 3-27-12
HSG 4-1995, f. & cert. ef. 9-28-95
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 10-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
1HD 9-1984, f. & ef. 9-4-84
1HD 3-1979, f. & ef. 6-29-79
1HD 14, f. & ef. 10-3-77

Or. Admin. R. 813-020-0055 Mortgage Loans

(1) A mortgage loan under the Program, “Mortgage Loan”, is eligible for purchase by the Department if:

(a) The borrower holds title to the property in fee simple or in another form of ownership acceptable to the Department; and

(b) The Mortgage Loan meets the requirements set forth in the OHCS Oregon Bond and Flex Lending FirstHome Guideline Manual.

(2) A Mortgage Loan is subject to repayment if the Approved Lender, the Department, the Servicer, or the Department's Servicer determines that the borrower was ineligible at the time the Mortgage Loan was made.

(3) A second Mortgage Loan may be made to borrowers in conjunction with a FirstHome product.

(a) Eligibility requirements for the second Mortgage Loan product follow the same eligibility requirements for the first Mortgage Loan; and

(b) The second Mortgage Loan shall assume second lien position behind the first Mortgage Loan.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555 & 456.561
OHCS 20-2025, adopt filed 04/16/2025, effective 04/16/2025
OHCS 46-2024, temporary adopt filed 11/04/2024, effective 11/04/2024 through 05/02/2025

Or. Admin. R. 813-020-0060 Eligible Borrowers and Residences

(1) A borrower is eligible for a mortgage loan under the Program if they meet the eligibility requirements set forth in the Oregon Bond and Flex Lending FirstHome Guideline Manual, and more specifically in the case of a Mortgage Loan made with tax-exempt bonds, the borrower meets the requirements of Section 143 of the Internal Revenue Code of 1986, as amended.

(2) A residence is eligible for a mortgage loan under the Program if:

(a) The property is residential property located in Oregon;

(b) The property contains one unit.

(d) The property meets the requirements of the Department’s Servicer.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555
OHCS 20-2025, amend filed 04/16/2025, effective 04/16/2025
OHCS 46-2024, temporary amend filed 11/04/2024, effective 11/04/2024 through 05/02/2025
OHCS 1-2012, f. & cert. ef. 3-27-12
OHCS 8-2011(Temp), f. & cert. ef. 9-30-11 thru 3-27-12
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 10-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
1HD 1-1980, f. & ef. 2-21-80

Or. Admin. R. 813-020-0090 Mortgage Loan Servicing

All Program Loans shall be serviced in accordance with the requirements of the Department’s Servicer to include:

(1) Oregon Bond Residential Loan Program

(a)The Servicer or Department’s Servicer, shall service a loan under the Oregon Bond Residential Loan Program in accordance with the servicing agreement and the rules of this division.

(b) A Servicer shall charge for Mortgage Loan servicing according to uniform servicing rates established by the Department that are based on the estimated costs of servicing Mortgage Loans and prevailing rates for servicing similar loans .

(c) For the term of a Mortgage Loan, the borrower shall make monthly escrow payments for real estate property taxes and assessments, hazard insurance premiums and, if necessary, mortgage insurance premiums, except as otherwise provided in the terms of the Mortgage Loan agreement.

(d) Upon approval by the Department, a Servicer may take one or more actions to protect the Department’s security in a residence financed by a Mortgage Loan. The actions may include but are not limited to the following:

(A) Loan modification ;

(B) Property maintenance and repair;

(D) Representation of the Department's interest in bankruptcy proceedings.

(e) If a Servicer fails to comply with the Department's servicing, reporting or remittance requirements, the Department may assess a penalty or may terminate the servicing agreement.

(2) Flex Lending FirstHome Loan Product

(a) A borrower is eligible for a mortgage loan under the program if they meet the eligibility requirements set forth in the OHCS Flex Lending Program’s NextStep FirstHome Product Guideline Manual.

(b) A residence is eligible for a mortgage loan under the program if:

(A) The property is residential property located in Oregon;

(B) The property contains one to four residential dwelling units.

(D) The property meets the requirements of the Department’s Servicer.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.620, 456.625, 456.635 & 456.640
OHCS 20-2025, adopt filed 04/16/2025, effective 04/16/2025
OHCS 46-2024, temporary adopt filed 11/04/2024, effective 11/04/2024 through 05/02/2025

Or. Admin. R. 813-020-0100 Approved Mortgage Loan Servicers

(1) A bank, savings bank or other financial institution that is authorized under the laws of a state or of the United States to engage in the business of servicing Mortgage Loans for residential housing may apply to become an approved Servicer under the Oregon Bond and Flex Lending FirstHome product by submitting the following to the Department:

(a) An application in the form prescribed by the Department;

(b) An opinion by the counsel of the applicant regarding the power and authority of the applicant to enter into a Mortgage Loan servicing agreement with the Department;

(d) The most recent audited financial statements of the applicant;

(e) Documentation evidencing bond and insurance coverage;

(f) An application charge in an amount established by the Department for its costs of evaluation and administration; and

(g) Documentation indicating the volume of residential loans produced by the applicant's mortgage lending offices in Oregon.

(2) An applicant under section (1) of this rule must demonstrate to the Department’s satisfaction that:

(a) One of the applicant’s principal functions is servicing Mortgage Loans;

(b) Such servicing is a customary and regular business activity of the applicant;

(c) The applicant is approved to service conventional Mortgage Loans for the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation and is approved to service government Mortgage Loans for Ginnie Mae if servicing Federal Housing Administration or the Veterans Affairs Mortgage Loans;

(d) The applicant deposits funds to accounts in depositories that comply with the requirements of ORS 295.002, 295.005, 295.015 to 295.018 and 295.205 and that are insured to the full extent legally possible by the Federal Deposit Insurance Corporation or other similar federal insuring Department; and

(e) The applicant will maintain servicing facilities adequately staffed with trained personnel familiar with all rules, regulations and requirements pertaining to or affecting Mortgage Loans.

(3) An applicant may service Mortgage Loans if the Department determines that an applicant is qualified to service Mortgage Loans and if the applicant enters into an agreement with the Department to service Mortgage Loans according to a standard form prescribed by the Department.

(4) A Servicer may assign Mortgage Loan Servicing to another Servicer upon written approval by the Department.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.620, 456.625, 456.635 & 456.640
OHCS 20-2025, adopt filed 04/16/2025, effective 04/16/2025
OHCS 46-2024, temporary adopt filed 11/04/2024, effective 11/04/2024 through 05/02/2025

Or. Admin. R. 813-020-0110 Servicing Manual

The Oregon Bond Residential Loan Program Servicing Manual, is incorporated into and adopted as part of this division of administrative rules, by reference. The Servicing Manual be accessed online at the OHCS website. The Servicing Manual is dated December 2025.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555, 456.620, 456.625, 456.635 & 456.640
OHCS 49-2025, adopt filed 12/04/2025, effective 12/05/2025
OHCS 33-2025, temporary adopt filed 07/16/2025, effective 07/17/2025 through 01/06/2026
OHCS 32-2025, temporary adopt filed 07/11/2025, effective 07/14/2025 through 01/06/2026

Or. Admin. R. 813-020-0120 Federal Eligibility Requirements

(1) Section 143 of the Internal Revenue Code of 1986, as amended, requires the Department to meet the following requirements for each Mortgage Loan financed by tax-exempt bonds to preserve the federal tax exemption for such bond:

(a) The Residence Requirement: The residence financed by a Mortgage Loan must be occupied within 60 days from loan closing as a qualifying principal residence by the borrower;

(b) The First-Time Homebuyer Requirement: A person who has held ownership interest in a principal residence at any time within the three years preceding the date of the loan closing may not obtain a Mortgage Loan except as authorized in sections (2) and (3) below of this rule;

(c) The Purchase Price Limitation: The acquisition cost of a residence financed by a Mortgage Loan may not exceed the purchase price limits established by the Department in accordance with the Internal Revenue Code of 1986, as amended, for new and existing residences;

(d) The New Mortgage Requirement: Only a new mortgage may be financed with a Mortgage Loan, unless the borrower is refinancing an existing construction loan, bridge loan or similar temporary initial financing generally with a loan term of 24 months or less for constructing or rehabilitating a residence. The existing loan to be refinanced also must have been made on or after the commencement date of the commitment term during which the Mortgage Loan is sold to the Department. If a Mortgage Loan is made to refinance such a loan, the Approved Lender shall certify to the Department that construction or rehabilitation has been satisfactorily completed before the delivery of the Mortgage Loan for purchase; and

(e) The Income Limitation: A borrower must have an annualized gross household income that does not exceed annual income limits established by the Department in accordance with the Internal Revenue Code of 1986, as amended; and

(f) The Assumption Requirement: The assumption of a Mortgage Loan is prohibited unless each person assuming the loan meets the federal eligibility requirements of this section (1).

(2) An Approved Lender may approve a Mortgage Loan to a person who has held an ownership interest in a principal residence at any time within the preceding three years, subject to the approval of the Department. Such an approval determination may take into account such factors as the Department deems appropriate, including without limitation the federal restrictions on the aggregate dollar volume of such loans for a specific commitment and the circumstances of the prior ownership.

(a) The Department may give preference to applicants who have lost prior ownership interests involuntarily, as through divorce settlements, eminent domain proceedings or similar circumstances.

(b) Veteran’s Exemption: Borrowers who have served in active duty and were honorably discharged and have not previously used a mortgage revenue bond program are exempt from the first-time homebuyer requirement. All other requirements remain.

(3) In certain targeted areas, a higher maximum acquisition cost may be applicable and the limitation with respect to prior home ownership does not apply. Certain census tract areas are designated as targeted areas by Section 143 of the Internal Revenue Code of 1986, as amended. The Department shall retain a current list of designated targeted areas.

(4) The Department is required to establish procedures that ensure compliance with applicable requirements of Section 143 of the Internal Revenue Code of 1986, as amended. Any failure to meet these requirements shall be corrected within a reasonable time. The Department shall grant no exceptions or waivers unless allowed by federal law.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.620, 456.625, 456.635 & 456.640
OHCS 20-2025, adopt filed 04/16/2025, effective 04/16/2025
OHCS 46-2024, temporary adopt filed 11/04/2024, effective 11/04/2024 through 05/02/2025

Division 22 FLEX LENDING PROGRAM (FLEX) NEXTSTEP PRODUCT

Or. Admin. R. 813-022-0000 Purpose and Objectives

The rules of OAR chapter 813, Division 22 establish and implement the Flex Lending Program’s NextStep product. Under the program, the Oregon Housing and Community Services Department purchases mortgages in order to facilitate homeownership for Oregonians with limited access to homeownership. The program will broaden access to safe mortgage products.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555
OHCS 20-2025, amend filed 04/16/2025, effective 04/16/2025
OHCS 47-2024, temporary amend filed 11/04/2024, effective 11/04/2024 through 05/02/2025
OHCS 1-2023, adopt filed 02/06/2023, effective 02/08/2023

Or. Admin. R. 813-022-0005 Program Definitions

The following definitions and those in ORS Chapters 456 and 458 apply to OAR Chapter 822, unless the context indicates otherwise, or the term is otherwise defined in a subsequent division:

(1) “Approved Lender” is a mortgage lender that is authorized by Oregon law to originate mortgage loans in the state and has executed an agreement to provide mortgage loans to the Department.

(2) "Department's Servicer" means the loan servicer that has an agreement with the Department to provide mortgage loan servicing.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555
OHCS 1-2023, adopt filed 02/06/2023, effective 02/08/2023

Or. Admin. R. 813-022-0020 Approved Lenders

All Program Loan(s) will be originated and closed using Approved Lenders who apply for and meet the requirements of a solicitation issued by the Agency. Mortgage Loans delivered to the Department by Approved Lenders must also meet the requirements of the Department’s Servicer.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555
OHCS 1-2023, adopt filed 02/06/2023, effective 02/08/2023

Or. Admin. R. 813-022-0035 Reservation of Funds

(1) An Approved Lender may reserve funds (also known as “locking a loan”).

(2) Funds are reserved on a first-come-first-served loan by loan basis.

(3) Details regarding reservation of funds is available in the OHCS Flex Lending Program's NextStep Product Guideline Manual.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555
OHCS 20-2025, amend filed 04/16/2025, effective 04/16/2025
OHCS 47-2024, temporary amend filed 11/04/2024, effective 11/04/2024 through 05/02/2025
OHCS 45-2024, renumbered from 813-022-0030, filed 11/01/2024, effective 11/01/2024
OHCS 1-2023, adopt filed 02/06/2023, effective 02/08/2023

Or. Admin. R. 813-022-0045 Manual

The Flex Lending Program's NextStep Product Guideline Manual with the requirements and standards therein, is incorporated into and adopted as part of this division of administrative rules, by reference. The program manual may be accessed online at the OHCS website. The manual is dated August 15, 2026.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555
OHCS 25-2026, amend filed 08/31/2026, effective 08/31/2026
OHCS 4-2026, temporary amend filed 02/03/2026, effective 02/03/2026 through 08/01/2026
OHCS 20-2025, amend filed 04/16/2025, effective 04/16/2025
OHCS 47-2024, temporary amend filed 11/04/2024, effective 11/04/2024 through 05/02/2025
OHCS 45-2024, renumbered from 813-022-0040, filed 11/01/2024, effective 11/01/2024
OHCS 32-2023, amend filed 12/21/2023, effective 12/28/2023
OHCS 25-2023, temporary amend filed 09/29/2023, effective 10/12/2023 through 04/08/2024
OHCS 14-2023, temporary amend filed 06/13/2023, effective 06/13/2023 through 10/11/2023
OHCS 1-2023, adopt filed 02/06/2023, effective 02/08/2023

Or. Admin. R. 813-022-0055 Program Loans

(1) A mortgage loan under the program is eligible for purchase by the Department if:

(a) The borrower holds title to the property in fee simple or in another form of ownership acceptable to the Department; and

(b) The mortgage loan meets the requirements set forth in the OHCS Flex Lending Program's NextStep Product Guideline Manual.

(2) A mortgage loan is subject to repayment if the Approved Lender, the Department, or the Department's Servicers determines that the borrower was ineligible at the time the mortgage was made.

(3) A second mortgage loan may be made to borrowers in conjunction with a Flex Lending Program's NextStep Loan, at the discretion of the Department

(a) Eligibility requirements for the second mortgage loan product follow the same eligibility requirements for the first Program Loan; and

(b) The second mortgage loan shall assume second position behind the first mortgage loan.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.561 & ORS 456.555
OHCS 20-2025, amend filed 04/16/2025, effective 04/16/2025
OHCS 47-2024, temporary amend filed 11/04/2024, effective 11/04/2024 through 05/02/2025
OHCS 45-2024, renumbered from 813-022-0050, filed 11/01/2024, effective 11/01/2024
OHCS 1-2023, adopt filed 02/06/2023, effective 02/08/2023

Or. Admin. R. 813-022-0060 Eligible Borrowers and Residences

(1) A borrower is eligible for a mortgage loan under the program if they meet the eligibility requirements set forth in the OHCS Flex Lending Program's NextStep Product Guideline Manual.

(2) A residence is eligible for a mortgage loan under the program if:

(a) The property is residential property located in Oregon;

(b) The property contains one to four residential dwelling units.

(d) The property meets the requirements of the Department’s Servicer.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555
OHCS 20-2025, amend filed 04/16/2025, effective 04/16/2025
OHCS 47-2024, temporary amend filed 11/04/2024, effective 11/04/2024 through 05/02/2025
OHCS 1-2023, adopt filed 02/06/2023, effective 02/08/2023

Or. Admin. R. 813-022-0090 Mortgage Servicing

All Program Loans shall be serviced in accordance with the requirements of the Department’s Servicer to include:

(1) Escrow account maintenance; and

(2) The following items, as applicable:

(a) Mortgage loan modification;

(b) Property maintenance and repair;

(d) Representation of the investor's interest in bankruptcy proceedings.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555
OHCS 1-2023, adopt filed 02/06/2023, effective 02/08/2023

Division 25 HOUSING COST IMPACT STATEMENT

Or. Admin. R. 813-025-0005 Purpose and Objectives

The rules of OAR, chapter 813, division 025, are established to administer and enforce ORS 183.530 and 183.534. These rules require certain agencies to prepare a housing cost impact statement upon the proposal or repeal of any rule or amendment to an existing rule by certain agencies identified in ORS 183.530.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 183.530 & 183.534
OHCS 4-2000, f. & cert. ef. 11-15-00

Or. Admin. R. 813-025-0010 Definitions

(1) All terms are used in OAR 813, division 025, as defined in ORS 183.530 and 183.534, and as provided in OAR 813-025-0005 and herein.

(2) As used in these rules, unless the context indicates otherwise:

(a) "Agencies" includes those agencies identified in ORS 183.530 that are required to prepare housing cost impact statements.

(b) "Housing Cost Impact" is the estimate of the proposed rule or ordinance on the cost of a detached single family dwelling as described in ORS 183.534.

(c) "Housing Cost Impact Form" is the form prescribed by Oregon Housing and Community Services Department on which to provide a Housing Cost Impact Statement, including any attachments.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 183.530 & 183.534
OHCS 4-2000, f. & cert. ef. 11-15-00

Or. Admin. R. 813-025-0015 Preparation of Statement

(1) Agencies listed in ORS 183.530 who are required to prepare a Housing Cost Impact Statement shall do so on forms prescribed by Oregon Housing and Community Services Department.

(2) The Housing Cost Impact Statement shall be submitted with one of the following:

(a) Fiscal impact statement as stated in ORS 183.325(2)(b)(E);

(b) A notice of proposed permanent rulemaking action as stated in ORS 183.335(1); or

(3) The Housing Cost Impact Statement shall include:

(a) A clear and concise statement of the need, objectives and legal basis for the rule;

(b) A description and estimate of how the proposed rule will increase the cost or reduce the supply of housing or land for residential development; and,

(c) A description of the impact of the proposed rules on the cost of materials, labor, administration and other factors as may be appropriate.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 183.530 & 183.534
OHCS 4-2000, f. & cert. ef. 11-15-00

Division 27 MANUFACTURED DWELLING PARKS PRESERVATION FUND PROGRAM

Or. Admin. R. 813-027-0001 Purpose and Objectives

The rules of OAR chapter 813, division 027, are adopted for the purpose of administering section 7, chapter 906, Oregon Laws 2009, which establishes the Housing and Community Services Department Manufactured Dwelling Parks Preservation Fund and authorizes the Department to provide assistance to community organizations and tenant groups in acquiring manufactured dwelling parks in order to prevent the loss of housing units and preserve affordable housing.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 2009 OL Ch. 906 Sec. 7
OHCS 10-2010, f. & cert. ef. 8-23-10
OHCS 4-2010(Temp), f. & cert. ef. 2-25-10 thru 8-23-10

Or. Admin. R. 813-027-0010 Definitions

As used in this division:

(1) “Community Organization” means a nonprofit corporation established under ORS Chapter 65, a housing authority established under 456.055 to 456.235, a local government as defined in 197.015, or a tenants’ association supported nonprofit organization in 90.820.

(2) “Tenant Group” means a tenant committee formed under ORS 90.600 or any of the following to which ORS 456.581 applies.

(a) A tenants’ association as provided in ORS 90.760;

(b) A manufactured dwelling park nonprofit cooperative as provided in ORS 62.803; or

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 2009 OL Ch. 906 Sec. 7
OHCS 10-2010, f. & cert. ef. 8-23-10
OHCS 4-2010(Temp), f. & cert. ef. 2-25-10 thru 8-23-10

Or. Admin. R. 813-027-0020 Eligibility for Moneys from Fund

The Department may disburse moneys in the Manufactured Dwelling Parks Preservation Fund by grant, loan or otherwise as the Department determines appropriate, subject to the availability of funds and to limitations otherwise prescribed by law, to a community organization or a tenant group to facilitate the organization’s or group’s acquisition of a manufactured dwelling park.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 2009 OL Ch. 906 Sec. 7
OHCS 10-2010, f. & cert. ef. 8-23-10
OHCS 4-2010(Temp), f. & cert. ef. 2-25-10 thru 8-23-10

Or. Admin. R. 813-027-0030 Application Procedure and Requirements

(1) The Department may provide a reservation of an award from the Manufactured Dwelling Parks Preservation Fund through a process that may include but is not limited to any of the following:

(a) A direct Department award in which the director makes an award without an application;

(b) An application according to a first-come, first-reviewed and ready to proceed to closing process; or

(2) In the case of a direct award under section (1)(a) of this rule, the Department may request information that the Department determines appropriate to support the award. An applicant for an award under section (1)(b) or (1)(c) of this rule shall submit, in an application form and according to a process prescribed by the Department, a proposal in the form and with the content required by the Department.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 2009 OL Ch. 906 Sec. 7
OHCS 10-2010, f. & cert. ef. 8-23-10
OHCS 4-2010(Temp), f. & cert. ef. 2-25-10 thru 8-23-10

Or. Admin. R. 813-027-0040 Criteria for Funding

As the Department determines funds to be available, moneys from the Manufactured Dwelling Parks Preservation Fund may be awarded based on the following criteria:

(1) Funds must be used to purchase a manufactured dwelling park;

(2) An applicant is a community organization or tenant group;

(3) The park purchase proposal includes a term of at least 20 years of affordability as defined in the application;

(4) The park purchase proposal demonstrates ongoing appropriate technical assistance to the park if cooperative owned or owned by a tenant-owned nonprofit organization;

(5) A purchase and sale agreement or other similar document demonstrating site control has been signed by both the buyer and seller of the park;

(6) The applicant has adequately demonstrated the ability to meet the proposed terms of loan repayment to a lender or to the Department when funding is awarded as a loan;

(7) The applicant has adequately demonstrated the park can be operated in a financially feasible manner for at least the term of affordability;

(8) The applicant has agreed to operate the park for the duration of the affordability period as specified in the application:

(9) The applicant agrees to meet benchmarks for timely closing on funding resources and completion of renovations as provided in the application proposal; and

(10) Any other criteria that the Department or Council determines to be appropriate.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 2009 OL Ch. 906 Sec. 7
OHCS 10-2010, f. & cert. ef. 8-23-10
OHCS 4-2010(Temp), f. & cert. ef. 2-25-10 thru 8-23-10

Or. Admin. R. 813-027-0050 Application Review

(1) An application for an award from the Manufactured Dwelling Parks Preservation Fund is subject to the Department’s approval, denial or modification, in whole or in part, and is also subject to review by the Housing Stability Council.

(2) When a funding award is in excess of an applicable threshold established by the Housing Stability Council and the Council’s review and approval are required under ORS 456.561, the Council shall approve or disapprove the application at a public hearing pursuant to ORS 456.571.

(3) When reviewing an application, in addition to any specific evaluation criteria, the Department or the Council, as appropriate, may consider the following matters:

(a) The amount of available funds in the program;

(b) The availability of other Department sources for park purchase;

(d) Any other criteria that the Department or Council determines to be appropriate.

(4) The Department or the Council at any time may request additional information with respect to an application or award.

(5) Approval, denial or modification of an application under this rule is subject to the Department’s judgment as to which applications will best achieve the purposes of the program and will best meet applicable evaluation criteria.

(6) Terms and conditions of an award shall be established in the funding agreement or other documents required by the Department and shall be recorded against the property. If the applicant does not own the property at the time of fund disbursement or is a long-term lessee, the applicant or the lessor shall open an escrow account and have the funding agreement or other required documents placed in escrow and recorded immediately upon obtaining title to or control of the property.

(7) The Department may require payment of funding provided under this rule if all or part of the commitments to park purchase, technical assistance, or period of affordability are modified or withdrawn.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 2009 OL Ch. 906 Sec. 7
OHCS 10-2010, f. & cert. ef. 8-23-10
OHCS 4-2010(Temp), f. & cert. ef. 2-25-10 thru 8-23-10

Or. Admin. R. 813-027-0060 Charges

(1) The Department may charge an applicant for an award from the Manufactured Dwelling Parks Preservation Fund for costs incurred by the Department in evaluating and taking action on an application, and may also:

(a) Impose a transfer application charge on an owner who receives a contract, grant, loan or tax credit through the Department or who requests the Department's approval of a change in ownership; or

(b) Impose a transfer review charge on an owner and transferee who effects a change in ownership without prior written approval by the Department.

(2) The Department may charge for costs incurred by the Department for review of a transaction by the Department of Justice, including but not limited to a change requested by the applicant to a required document.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 2009 OL Ch. 906 Sec. 7
OHCS 10-2010, f. & cert. ef. 8-23-10
OHCS 4-2010(Temp), f. & cert. ef. 2-25-10 thru 8-23-10

Or. Admin. R. 813-027-0070 General Administrative and Monitoring Requirements

(1) A recipient of moneys from the Manufactured Dwelling Parks Preservation Fund shall furnish annual reports and other materials as disclosed in the grant or loan documents to the Department.

(2) A recipient of the Manufactured Dwelling Parks Preservation Fund moneys is subject to reviews or field inspections, or both, as the Department determines to be appropriate for ensuring compliance.

(3) A recipient of fund moneys shall retain financial records, supporting documents and all other pertinent records for six years after affordability period expires or after any litigation or audit claim is resolved, whichever is later. The recipient shall provide the Department access to all books, accounts, documents, records and other property belonging to or in use by the recipient and relating to the use of the fund moneys.

(4) A recipient must certify that the final uses of the Manufactured Dwelling Parks Preservation Fund proceeds have been used as represented in the application and are in compliance with the program as limited by law.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 2009 OL Ch. 906 Sec. 7
OHCS 10-2010, f. & cert. ef. 8-23-10
OHCS 4-2010(Temp), f. & cert. ef. 2-25-10 thru 8-23-10

Or. Admin. R. 813-027-0080 Noncompliance

(1) At any time before the expiration of the affordability period, if the Department determines that a recipient of the moneys from the Manufactured Dwelling Parks Preservation Fund is not in compliance with applicable requirements, the recipient shall take corrective actions required by the Department. Examples of noncompliance include, but are not limited to, the use of fund moneys for activities not approved in the funding agreement, the failure to complete activities in a timely manner, the failure to comply with applicable rules or regulations or the lack of a continued capacity by the recipient to carry out the approved activities. The Department may take any of the actions described in section (3) of this rule against a recipient who does not take the required corrective actions to the satisfaction of the Department.

(2) In addition to, or in lieu of a requirement of corrective action under section (1) of this rule, the Department may take one or more of the actions described in section (3) of this rule against a recipient who is not in compliance with applicable requirements if the Department determines that one or more of the following circumstances exist:

(a) The Department or recipient has not disbursed moneys within one year of award by the Department.

(b) A public or private party funding agreement that is related to the project is not executed within six months of the award of moneys from the fund.

(c) A material breach of the funding agreement occurs, such as a failure to use the funds for eligible costs or a failure of the recipient to serve the population stated in the funding agreement.

(d) The funding agreement is not recorded on the property as required by OAR 813-027-0050(6) or pursuant to agreement.

(e) The Department finds that significant corrective actions are necessary to protect the integrity of the award money and that the corrective actions are not or will not be made within a reasonable time.

(3) The Department may take one or more of the following actions under this rule:

(a) Prohibit a recipient from applying for future moneys from the fund or for other Department assistance;

(b) Revoke an existing award.

(d) Require return of moneys disbursed to the recipient but not yet expended by the recipient.

(e) Require repayment of expended moneys.

(f) Payment of any legal costs associated with a review of non-compliance.

(g) Invoke other remedies that may be incorporated into the funding agreement.

(4) Actions that the Department may take under this rule are cumulative and not exclusive and are in addition to any other rights and remedies provided by law or under a funding agreement.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 2009 OL Ch. 906 Sec. 7
OHCS 10-2010, f. & cert. ef. 8-23-10
OHCS 4-2010(Temp), f. & cert. ef. 2-25-10 thru 8-23-10

Or. Admin. R. 813-027-0090 Waiver

The Department may waive or modify any requirements of these rules, unless such waiver or modification would violate applicable federal or state law.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 2009 OL Ch. 906 Sec. 7
OHCS 10-2010, f. & cert. ef. 8-23-10
OHCS 4-2010(Temp), f. & cert. ef. 2-25-10 thru 8-23-10

Division 28 HOUSING PRESERVATION FUND PROGRAM

Or. Admin. R. 813-028-0001 Purpose and Objectives

The rules of OAR chapter 813, division 28, are adopted for the purpose of administering section 5, chapter 906, Oregon Laws 2009, which establishes the Housing and Community Services Department Housing Preservation Fund and authorizes the Department to provide financial assistance to aid in the acquisition, renovation or maintenance of section 8 housing or other housing with federal rent subsidies.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 2009 OL Ch. 906 Sec. 5
OHCS 11-2010, f. & cert. ef. 8-23-10
OHCS 5-2010(Temp), f. & cert. ef. 2-25-10 thru 8-23-10

Or. Admin. R. 813-028-0010 Definitions

All terms are used in OAR 813, division 28, as defined in the Act and as provided in 813-005-0005 and herein. As used in this Division, unless the context indicates otherwise:

(1) "Department" means the Oregon Housing and Community Services Department established in ORS 456.555.

(2) "Fund" means the Housing and Community Services Department Housing Preservation Fund established in section 5, chapter 906, Oregon Laws 2009.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 2009 OL Ch. 906 Sec. 5
OHCS 11-2010, f. & cert. ef. 8-23-10
OHCS 5-2010(Temp), f. & cert. ef. 2-25-10 thru 8-23-10

Or. Admin. R. 813-028-0020 Eligibility for Moneys from Fund

The Department may disburse moneys in the fund by grant, loan or otherwise as determined by the Department, subject to the availability of funds and limitations otherwise prescribed by law. The purposes for which the moneys may be disbursed include but are not limited to that of avoiding the expiration of federally contracted rent subsidies for affordable housing. These subsidies include but are not limited to subsidies under contracts with the U. S. Department of Housing and Urban Development and U.S. Department of Agriculture Rural Development that enable community organizations, for-profit entities and individuals to do the following: (1) Acquire or rehabilitate existing structures; and (2) Maintain housing with federally contracted rent subsidies.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 2009 OL Ch. 906 Sec. 5
OHCS 11-2010, f. & cert. ef. 8-23-10
OHCS 5-2010(Temp), f. & cert. ef. 2-25-10 thru 8-23-10

Or. Admin. R. 813-028-0030 Application Procedure and Requirements

(1) The Department may provide a reservation of an award from the fund through a process that may include but is not limited to any of the following:

(a) A direct Department award;

(b) An application according to a first-come, first-reviewed process; or

(2) In the case of a direct award under section (1)(a) of this rule, the Department may request information that the Department determines appropriate to support the award. An applicant for an award under section (1)(b) or (c) of this rule shall submit, in an application form and according to a process prescribed by the Department, a proposal as required by the Department. The proposal shall include all of the following items, subject to waiver of one or more of the items by the Department:

(a) A written description that includes the number of units, the unit mix, proposed rents, the site location, the proposed program of services to occupants, amenities and any other pertinent information.

(b) A statement of purpose indicating the housing type and residents to be housed, and the length of time the units will be available as affordable.

(d) The requested amount of funds, with proposed loan repayment terms if the funds are requested as a loan.

(e) Total development costs, with a description of all additional funding and funding sources.

(f) A description of the experience of the sponsor, developer, owner or manager in developing and operating housing.

(g) Any other documentation requested by the Department.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 2009 OL Ch. 906 Sec. 5
OHCS 11-2010, f. & cert. ef. 8-23-10
OHCS 5-2010(Temp), f. & cert. ef. 2-25-10 thru 8-23-10

Or. Admin. R. 813-028-0040 Criteria for Funding

(1) As the Department determines to be possible and appropriate, moneys from the fund are subject to distribution throughout the state and on the basis of identified needs and financial feasibility.

(2) Specific criteria for distributing moneys from the fund include but are not limited to the following:

(a) The Department may give preference to an application that does one or more of the following:

(A) Provides the greatest number of low and very low income housing units for the least amount of account funds expended from or committed toward matching funds available from other loans, grants or eligible in-kind contributions.

(B) Ensures the longest possible use as low or very low income housing units, as determined by the Housing Stability Council.

(C) Provides housing for specific populations that historically have faced barriers in finding housing and that are identified as having a priority in the Department’s Consolidated Plan or its successor, or in a state-acknowledged initiative.

(D) Meets other criteria established by the Department with respect to a particular project.

(b) The Department may condition funding for a development on the continued use of the development for the targeted population, on the provision of supportive services for the duration of the development and to the extent indicated in the funding application.

(c) Terms and conditions of an award must be established in the funding agreement or other documents required by the Department and shall be recorded against the property. If the applicant does not own the property at the time of fund disbursement or is a long-term lessee, the applicant or the lessor shall open an escrow account and have the funding agreement or other required documents placed in escrow and recorded immediately upon obtaining title to or control of the property.

(3) The Department may require repayment of funding provided under this rule if all or part of the commitments to residents, supportive services or period of use for low- or very-low income housing is withdrawn or reduced.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 2009 OL Ch. 906 Sec. 5
OHCS 11-2010, f. & cert. ef. 8-23-10
OHCS 5-2010(Temp), f. & cert. ef. 2-25-10 thru 8-23-10

Or. Admin. R. 813-028-0050 Application Review

(1) An application is subject to the Department’s approval, denial or modification, in whole or in part, and is also subject to review by the Housing Stability Council as appropriate.

(3) When reviewing an application, in addition to any specific evaluation criteria, the Department or the Council, as appropriate, may consider the following matters:

(a) The amount of available funds in the program;

(b) The ability of the applicant to meet proposed terms of loan repayment, when funding is awarded as a loan;

(d) The applicant's efforts to leverage public or private funds; and

(e) Any other criteria that the Department or Council determines to be appropriate.

(4) The Department or the Council at any time may request additional information with respect to an application or award at any time.

(5) Approval or denial of an application under this rule is subject to the Department’s judgment as to which applications will best achieve the purposes of the program and will best meet applicable evaluation criteria in the program application forms and handbooks.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 2009 OL Ch. 906 Sec. 5
OHCS 11-2010, f. & cert. ef. 8-23-10
OHCS 5-2010(Temp), f. & cert. ef. 2-25-10 thru 8-23-10

Or. Admin. R. 813-028-0060 Charges

(1) The Department may charge an applicant for costs incurred by the Department in evaluating and taking action on an application, and may also:

(a) Impose a transfer application charge on an owner who receives a contract, grant, loan or tax credit through the Department or who requests the Department's approval of a change in ownership; or

(b) Impose a transfer review charge on an owner and transferee who effects a change in ownership without prior written approval by the Department.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 2009 OL Ch. 906 Sec. 5
OHCS 11-2010, f. & cert. ef. 8-23-10
OHCS 5-2010(Temp), f. & cert. ef. 2-25-10 thru 8-23-10

Or. Admin. R. 813-028-0070 General Administrative and Monitoring Requirements

(1) A recipient of fund moneys shall furnish annual reports and other materials to the Department as required by the Department.

(2) A recipient of fund moneys is subject to reviews or field inspections, or both, by the Department that the Department determines to be appropriate for ensuring compliance.

(3) A recipient of fund moneys shall retain financial records, supporting documents and all other pertinent records for six years after affordability expires or after any litigation or audit claim is resolved, whichever is later. The recipient shall provide the Department access to all books, accounts, documents, records and other property belonging to or in use by the recipient and relating to the use of the fund moneys.

(4) A recipient must certify final uses of preservation proceeds for tax exempt eligible uses.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 2009 OL Ch. 906 Sec. 5
OHCS 11-2010, f. & cert. ef. 8-23-10
OHCS 5-2010(Temp), f. & cert. ef. 2-25-10 thru 8-23-10

Or. Admin. R. 813-028-0080 Noncompliance

(1) At any time before the expiration of the affordability period, if the Department determines that a recipient is not in compliance with applicable requirements, the recipient shall take corrective actions required by the Department. Examples of noncompliance include but are not limited to the use of fund moneys for activities not approved in the funding agreement, the failure to complete activities in a timely manner, the failure to comply with applicable rules or regulations or the lack of a continued capacity by the recipient to carry out the approved activities. The Department may take one or more of the actions described in section (3) of this rule against a recipient who does not take the required corrective actions to the satisfaction of the Department.

(2) In addition to or in lieu of a requirement of corrective action under section (1) of this rule, the Department may take one or more of the actions described in section (3) of this rule against a recipient who is not in compliance with applicable requirements if the Department determines that one or more of the following circumstances exist:

(a) The Department or recipient has not disbursed moneys within one year of award by the Department.

(b) A public or private party funding agreement that is related to the project is not executed within six months of the award of moneys from the fund.

(c) A material breach of the funding agreement occurs, such as a failure to use the funds for eligible costs or a failure of the recipient to serve the population stated in the funding agreement.

(d) The funding agreement is not recorded on the property as required by OAR 813-028-0040(2)(c) or pursuant to agreement.

(3) The Department may take one or more of the following actions under this rule:

(a) Prohibit a recipient from applying for future moneys from the fund or for other Department assistance;

(b) Revoke an existing award.

(d) Require return of moneys disbursed to the recipient but not yet expended by the recipient.

(e) Require repayment of expended moneys.

(f) Payment of any legal cost associated with a review of non-compliance.

(g) Invoke other remedies that may be incorporated into the funding agreement.

(4) Actions that the Department may take under this rule are cumulative and not exclusive and are in addition to any other rights and remedies provided by law or under a funding agreement.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 2009 OL Ch. 906 Sec. 5
OHCS 11-2010, f. & cert. ef. 8-23-10
OHCS 5-2010(Temp), f. & cert. ef. 2-25-10 thru 8-23-10

Or. Admin. R. 813-028-0090 Waiver

The Department may waive or modify any requirements of these rules, unless such waiver or modification would violate applicable federal or state law.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 2009 OL Ch. 906 Sec. 5
OHCS 11-2010, f. & cert. ef. 8-23-10
OHCS 5-2010(Temp), f. & cert. ef. 2-25-10 thru 8-23-10

Division 30 ELDERLY & DISABLED HOUSING PROGRAM

Or. Admin. R. 813-030-0005 Temporary rule language in effect until 01/08/2027. Purpose and Objectives

The rules of OAR chapter 813, division 030, are promulgated to carry out the provisions of ORS 456.515 through 456.547, as they pertain to the administration by the Housing and Community Services Department (Department) of the Elderly and Disabled Housing program. These rules and the related determinations and orders of the Department constitute the Department’s Elderly and Disabled Housing program. The purpose of the program is to provide funds to finance the construction, rehabilitation, and acquisition of multifamily housing for elderly and disabled households in the State of Oregon while providing sufficient safeguards to protect the financial interests of the state. Funding may be provided to eligible projects in the form of a program loan, a program contribution or a combination of both.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183.341, 456.515 - 456.723 & 458.210 -458.650
Statutes/Other Implemented: 456.515 - 456.723
OHCS 17-2026, temporary amend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 2-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 11-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 7-1987, f. & ef. 3-10-87
HSG 3-1987(Temp), f. & ef. 2-5-87
1HD 11-1984, f. & ef. 9-4-84
1HD 1-1983, f. & ef. 5-20-83
1HD 4-1979, f. & ef. 9-11-79
1HD 1-1979, f. & ef. 1-16-79
1HD 1-1978(Temp), f. & ef. 7-12-78

Or. Admin. R. 813-030-0010 Temporary rule language in effect until 01/08/2027. Definitions

(1) All terms are used in OAR chapter 813, division 030, as defined in the act and as provided in OAR 813-005-0005 and herein.

(2) As used in these rules, unless otherwise indicated by the context:

(a) "Borrower" means a person who satisfies the criteria to receive a Program Loan as set forth in the applicable program rules, statutes, or OHCS orders, and has received program funding in the form of a program loan.

(b) “Disabled housing project” means a housing project in which no less than 20% of the units are occupied by, or continuously offered to persons with a disability, or in which 20% of the units meet “fully accessible” standards as designated by the 2010 ADA Standards for Accessible Design, as deemed equivalent to UFAS by HUD in 24 CFR Part 8, and are subject to the exceptions identified by HUD where UFAS requirements remain controlling. The project, including living units intended to house disabled persons, must be designed to meet the target population’s needs. Technical design requirements and guidance for qualifying disabled housing projects are provided in the Older Adults Housing program (OAHP) manual (July 13, 2026 version) which are incorporated into these rules by reference. All references to these OAR 813, division 030 rules shall be deemed to include the OAHP Manual. Developments providing continuous nursing care are not eligible for program funding.

(c) “Elderly and disabled housing program” or “program” means the program established under ORS 456.539 and implemented by the Department in accordance with the rules and requirements set forth in this OAR chapter 813, division 030.

(d) “Elderly household” means a household whose head is over the age of 55, residing in this state.

(e) "Elderly housing project" means a housing project meeting one of the Fair Housing Act exemptions for “Housing for Older Persons,” as further described in regulations issued by the Secretary for Housing and Urban Development. The exemptions are for the following projects:

A. Projects provided under any state or federal program the Secretary of Housing and Urban Development has determined to be specifically designed and operated to assist elderly persons (as defined in the state or federal program);

B. Projects intended for, and solely occupied by persons 62 years of age or older; or

C. A facility or community intended and operated for occupancy by persons 55 years of age or older satisfying each of the following requirements:

i. At least 80 percent of the units must have at least one occupant who is 55 years of age or older; and

ii. The facility or community must publish and adhere to policies and procedures that demonstrate the intent to operate as housing for persons 55 years of age or older; and

iii. The facility or community must comply with the U.S. Department of Housing and Urban Development’s regulatory requirements for age verification of residents.

(f) "Gross household income" means the anticipated total income from all sources received by the head of household and by each additional member of the household 18 years of age and over, including all net income derived from assets for the twelve-month period following the date of certification of income, in accordance with regulations promulgated by the U.S. Department of Housing and Urban Development (HUD) at 24 CFR 813, or successor regulation;

(g) “Major life activity” includes but is not limited to self-care, ambulation, communication, transportation, education, socialization, employment, and the ability to acquire, rent, or maintain property.

(h) “Multifamily housing” means a structure or facility (i) established primarily to provide housing, (ii) that provides more than one living unit. Multifamily housing may also provide facilities functionally related and subordinate to the living units for use by the occupants in social, health, educational or recreational activities. The living units may include, but are not limited to, individual living units within such structures, mobile home and manufactured dwelling parks and residential facilities licensed under ORS 443.400 to 443.455 and other congregate care facilities with or without domiciliary care.

(i) “Person with a disability” means a person who has a physical or mental impairment that substantially limits one or more major life activities.

(j) “Program beneficiary” means a borrower or any entity who satisfies the criteria to receive a program contribution as set forth in the applicable program rules, statutes, or OHCS orders, and has received program funding in the form of a program contribution.

(k) “Program contribution” means program funding provided to a project in a form other than a program loan, including a subordinate loan or other contribution of funds to a project.

(l) “Program loan” means a senior secured loan to a borrower made in compliance with applicable program rules, statutes, OHCS orders and federal tax requirements, as applicable.

(m) “Project” means an elderly housing project or a disabled housing project that applies for or receives funding under the program.

History

Statutory/Other Authority: ORS 90.800, ORS 91.886, ORS 183.341, ORS 456.515, ORS 458.210, ORS 90.840, ORS 456.723, ORS 458.650 & ORS 465.535
Statutes/Other Implemented: ORS 456.515, ORS 456.720 & ORS 465.535
OHCS 17-2026, temporary amend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 2-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 11-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 7-1987, f. & cert. ef. 3-10-87
HSG 3-1987(Temp), f. & cert. ef. 2-5-87
1HD 11-1984, f. & cert. ef. 9-4-84
1HD 5-1984, f. 7-5-84, cert. ef. 7-8-84
1HD 3-1984(Temp), f. & cert. ef. 5-25-84
1HD 8-1983(Temp), f. & cert. ef. 11-7-83
1HD 7-1981, f. & cert. ef. 4-7-81
1HD 5-l981, f. & cert. ef. 3-31-81
1HD l-1980, f. & cert. ef. 12-4-80
1HD 9-1980, f. & cert. ef. 4-2-80
1HD 6-1980, f. & cert. ef. 3-19-80
1HD 4-1979, f. & cert. ef. 9-11-79
1HD 1-1979, f. & cert. ef. 1-16-79
1HD 1-1978(Temp), f. & cert. ef. 7-12-78

Or. Admin. R. 813-030-0014 Temporary rule language in effect until 01/08/2027. Elderly and Disabled Housing Designation

(1) To be eligible for Elderly & Disabled Housing Program funds, a project must qualify as an elderly housing project or a disabled housing project, as defined in OAR 813-030-0010. Eligible projects may meet either or both definitions.

(2) Projects receiving Elderly and Disabled Housing Program funds, whether in the form of a program loan or a program contribution, must agree to a minimum affordability period of not less than the greater of

(a) the period the program loan is outstanding,

(b) fifteen (15) years from the date of the initial funding of the program loan or the program contribution, or

(c) the qualified project period required to maintain the tax-exempt status of the interest on any bonds issued on a federally tax-exempt basis to provide Elderly and Disabled Program funds to the project.

(3) Projects financed by the department must satisfy applicable Internal Revenue Service tax-exempt bond requirements, including either reserving at least 40 percent of the project units for households at or below 60 percent of Area Median Income (AMI) or reserving at least 20 percent of the project units for households at or below 50 percent of AMI. Remaining units may be rented to persons at any AMI level, unless otherwise restricted by other program requirements or financing sources. Projects that include both restricted and unrestricted units must comply with the department’s shared cost allocation rules as set forth in OAR chapter 813, division 380.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 90.800 - 90.840, 91.886, 456.515 - 456.723, 458.210 - 458.650 & ORS 456.515 - 456.720
OHCS 17-2026, temporary adopt filed 07/13/2026, effective 07/13/2026 through 01/08/2027

Or. Admin. R. 813-030-0020 Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Form of Loan Assistance

(1) The Department shall make loans to Borrowers under the terms of written Commitments.

(2) Loans shall be made directly with proceeds from the issuance of bonds or other available funds obtained by the Department. The Department may establish charges and interest rates based upon:

(a) The cost of borrowing through bond issuance;

(b) The funds required to carry out the Elderly Housing Program; and

(3) Interest on a loan shall not exceed the rate stated in the Commitment. If the Department is able to charge an interest rate lower than that specified in the Commitment, the Department may provide for the reduction of interest payment on the loan. The Department may require a reduction on the Project rents.

(4) The Department shall not execute a Commitment to an Eligible Borrower for a loan amount that exceeds allowable total Project costs or 85 percent of the appraised value, whichever is less, of the Project.

(5) Each loan shall have a final maturity of not more than 42 years from the date of its making and shall be secured by a first lien deed of trust granted by the Borrower on the property securing the loan.

(6) Loan documents shall be on forms approved by the Department.

(7) Each loan shall provide for the monthly collection of Escrow Payments to the extent provided by law together with the monthly installment of principal and interest. All such payments shall be:

(a) Held for the benefit of the Department in an account with an Approved Servicer; or

(b) Held by the State of Oregon as provided or required by law.

(8) If the Department receives loan applications in an amount greater than the amount of funds available, the Department shall select those applications which, in the judgment of the Department, best achieve purposes of the program rules and the Act.

(9) The Department shall establish prepayment penalties applicable to loans. In setting such penalties, the Department shall take into account the need to protect the ability of the state to provide for the payment of the Bonds. Any prepayment penalties shall be set forth in the trust deed note.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.515 - 456.720
OHCS 17-2026, temporary suspend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 2-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 11-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 7-1987, f. & ef. 3-10-87
HSG 3-1987(Temp), f. & ef. 2-5-87
1HD 11-1984, f. & ef. 9-4-84
1HD 15-1980, f. & ef. 12-4-80
1HD 4-1979, f. & ef. 9-11-79
1HD 1-1979, f. & ef. 1-16-79
1HD 1-1978(Temp), f. & ef. 7-12-78

Or. Admin. R. 813-030-0025 Temporary rule language in effect until 01/08/2027. Loan Security

Notwithstanding any other provision contained in the program rules, the Department shall not disburse funds for a program loan until:

(1) The loan is secured by a fully executed promissory note and first lien trust deed in such form as required by the Department, provided a shared first lien with a trust deed securing a loan from the Department under the programs funded under Article XI-Q of the Oregon Constitution and ORS 458.480 through 458.490, in such form as the Department may determine, will also be acceptable.

(2) The borrower has satisfied all conditions required by OHCS.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 456.515 - 456.723, 458.210 - 458.650 & ORS 456.555
Statutes/Other Implemented: ORS 456.515 - 456.720, ORS 456.555 & ORS 456.625
OHCS 17-2026, temporary amend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 2-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 11-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 7-1987, f. & ef. 3-10-87
HSG 3-1987(Temp), f. & ef. 2-5-87
1HD 11-1984, f. & ef. 9-4-84
1HD 4-1979, f. & ef. 9-11-79
1HD 1-1979, f. & ef. 1-16-79
1HD 1-1978(Temp), f. & ef. 7-12-78

Or. Admin. R. 813-030-0030 Temporary rule language in effect until 01/08/2027. Eligible Elderly and Disabled Housing Projects

(1) The Multifamily rental financing: permanent loan program manual (July 13, 2026) is incorporated into this Division 30 by reference. All references to these OAR 813, division 030 rules shall be deemed to include the multifamily rental financing: permanent loan program manual.

(2) Through its multifamily rental financing: permanent loan program manual, the Department shall establish a method by which the Department will evaluate each project to ensure program and departmental standards are met for each program loan and for any program contribution.

(3) Notwithstanding any eligibility requirements established in the multifamily rental financing: permanent loan program manual, any project with an outstanding program loan is deemed eligible for elderly & disabled housing program funds, subject to satisfying OHCS underwriting criteria.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183.335, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 90.800 - 90.840, 91.886, 183.335, 456.515 - 456.723, 458.210 - 458.650 & ORS 456.515 - 456.547
OHCS 17-2026, temporary amend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 2-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 11-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 7-1987, f. & ef. 3-10-87
HSG 3-1987(Temp), f. & ef. 2-5-87
1HD 11-1984, f. & ef. 9-4-84
1HD 5-1984, f. 7-5-84, ef. 7-8-84
1HD 3-1984(Temp), f. & ef. 5-25-84
Reverted to 1HD 15-1980, f. & ef. 12-4-80
1HD 8-1983(Temp), f. & ef. 11-7-83
1HD 15-1980, f. & ef. 12-4-80
1HD 4-1979, f. & ef. 9-11-79

Or. Admin. R. 813-030-0031 Temporary rule language in effect until 01/08/2027. Standard Underwriting Criteria for Program Loans and Program Contributions

The Department will underwrite each program loan pursuant to underwriting criteria that shall be established by the Department and updated from time to time in accordance with acceptable risk tolerance criteria for a direct lending program operated by the State of Oregon.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183.335, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: 456.515 - 456.723
OHCS 17-2026, temporary amend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 2-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 11-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 7-1987, f. & ef. 3-10-87
HSG 3-1987(Temp), f. & ef. 2-5-87
1HD 11-1984, f. & ef. 9-4-84
1HD 5-1984, f. 7-5-84, ef. 7-8-84
1HD 3-1984(Temp), f. & ef. 5-25-84
Reverted to 1HD 1-1983, f. & ef. 5-20-83
1HD 8-1983(Temp), f. & ef. 11-7-83
1HD 1-1983, f. & ef. 5-20-83

Or. Admin. R. 813-030-0032 Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Manufactured Dwelling Park Projects

(1) To qualify as a Manufactured Dwelling Park, the Project shall comply with the following standards and conditions:

(a) Site, design and licensing standards of the local government;

(b) Regulations of the Building Codes Division, State of Oregon, OAR 918-600-0010 to 918-600-0110;

(c) All manufactured dwellings shall have skirting, unless the home is set on a ground level foundation. If the manufactured dwelling is purchased after September 4, 1984, the design, color and texture of the skirting shall appear to be an integral part of the adjacent exterior wall of the manufactured dwelling;

(d) All manufactured dwellings purchased after September 4, 1984, shall have a roof with a non-reflective surface at a minimum slope of two inches in 12 inches (16 percent);

(e) The area occupied by the manufactured dwelling and any accessory buildings (including porches, car-ports, etc.) shall not exceed 40 percent of the lot area; and

(f) All manufactured dwellings shall be installed in compliance with the State of Oregon, Building Codes Division regulations. Installation inspections shall be completed by the Building Codes Division, or by a city or county which has contracted to do the inspections. A copy of the final inspection report shall be submitted to the Department together with a copy of a certificate of occupancy.

(2) The Borrower shall establish rules for the residents of the Project, to be a required part of each resident's lease. The rules and lease shall be submitted for the Department's review and approval as part of the proposal.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.515 - 456.720
OHCS 17-2026, temporary suspend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 2-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 11-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 7-1987, f. & ef. 3-10-87
HSG 3-1987(Temp), f. & ef. 2-5-87
1HD 11-1984, f. & ef. 9-4-84
1HD 7-1981, f. & ef. 4-7-81
1HD 5-1981, f. & ef. 3-31-81

Or. Admin. R. 813-030-0034 Temporary rule language in effect until 01/08/2027. Funding Availability

(1) The Department may from time to time make program funds available, as program loans or program contributions, for the construction, acquisition and/or rehabilitation, or other financing of elderly and disabled housing projects.

(2) Notwithstanding any other requirements in this OAR chapter 813, division 030, the Department may, as program funds are available, add funds to current fund delivery systems, solicit applications for the use of such funds, make funds available to applicants on a first come first reviewed basis, provide funding directly to applicants or deliver funds to applicants in any other method that is determined legal, reasonable and efficient by the Department.

(3) The Department shall evaluate applications received in accordance with program policies and priorities approved by the Department, and with applicable requirements in this OAR chapter 813, division 030.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 456.515 -4 56.723 & ORS 458.210 -458.650
Statutes/Other Implemented: ORS 90.800 - 90.840, 91.886, 456.515 -4 56.723, ORS 458.210 -458.650 & ORS 456.515 -456.547
OHCS 17-2026, temporary amend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 2-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91

Or. Admin. R. 813-030-0035 Temporary rule language in effect until 01/08/2027. Approved Housing Borrowers

(1) To be eligible to receive a program loan or a program contribution, a borrower must satisfy and comply with all applicable statutory requirements, the rules set forth in this OAR chapter 813, division 30, including all terms as outlined in the multifamily rental financing: permanent loan program manual.

(2) Any entity may apply for a program loan or a program contribution, provided its proposed use of loan proceeds meets project eligibility requirements and the entity meets all applicable applicant eligibility criteria. Program contributions may only be awarded to applicants who receive a program loan.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.515 - 456.720
OHCS 17-2026, temporary amend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 2-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 11-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 7-1987, f. & ef. 3-10-87
HSG 3-1987(Temp), f. & ef. 2-5-87
1HD 11-1984, f. & ef. 9-4-84
1HD 15-1980, f. & ef. 12-4-80
1HD 9-1980, f. & ef. 4-2-80
1HD 6-1980, f. & ef. 3-19-80
1HD 4-1979, f. & ef. 9-11-79
1HD 1-1979, f. & ef. 1-16-79
1HD 1-1978(Temp), f. & ef. 7-12-78

Or. Admin. R. 813-030-0040 Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Processing Procedures

(1) Before accepting a Project for the application process, the prospective Borrower shall submit an application to the Department on forms acceptable to the Department. If the Project meets the Program requirements, an application conference with the prospective Borrower shall be scheduled. At the conference, the Department may discuss, but is not limited to discussing:

(a) Type of loan requested;

(b) Type and formation of prospective Borrower's company (sole proprietorship, partnership, corporation, nonprofit, etc.) and qualifications;

(d) Any time constraints on prospective Borrower or Department;

(e) Charges;

(f) Reserve and equity requirements;

(g) Debt service ratio and other contingency requirements;

(h) Appraisal requirements;

(i) Environmental Surveys;

(j) Contractor's cost estimate and qualifications;

(k) Management and maintenance plans;

(l) Project management requirements, reports, and qualifications;

(m) Loan servicing requirements and procedures;

(n) Design and related requirements;

(o) Document requirements;

(p) Construction procedures;

(q) Department loan processing procedures;

(r) Eligibility requirements under federal and state law and regulations;

(s) Site control;

(t) Reserves and costs for Bond issue; and

(u) Any other items pertinent to the proposed project.

(2) At the conclusion of the application conference, if the prospective Borrower and the Department agree to proceed with the application process, the prospective Borrower shall provide the necessary loan application documentation.

(3) After receiving a completed loan application package from the prospective Borrower, the Department shall evaluate each Project for consistency with the Department's interpretation of sound architectural and planning principles and prudent underwriting standards.

(4) In order to qualify for a loan, a Project shall:

(a) Be approved by the Department with respect to site; location; market demand; financial feasibility; qualifications of general contractor, management agent and developer; appraisal; financial strength and credit worthiness of the prospective Borrower; management plan; final architectural package; organizational documents; ALTA title report; resident services plan; and any other information the Department shall prescribe;

(b) Meet all applicable state and local land use and zoning requirements, housing codes, and similar requirements;

(d) Be located in the State of Oregon; and

(e) If the loan is for an amount over $100,000, be approved by the Housing Stability Council prior to the Department's issuance of a loan Commitment:

(A) The Department shall review each application for a loan over $100,000 and prepare a proposal to the Housing Stability Council for approval or disapproval. The Department will send a copy of its proposal to the prospective Borrower with a notice of the Housing Stability Council meeting at which the application will be considered. Upon receipt of the notice, the prospective Borrower may request an opportunity to present testimony at the meeting;

(B) After considering the Department's proposal, as well as any other testimony presented, the Housing Stability Council shall approve or disapprove the application or take other appropriate action;

(5) In approving or disapproving any loan application, the Department and the Housing Stability Council shall consider, in addition to requirements elsewhere stated in the Program rules, the following criteria:

(a) The location of the Project site, including its proximity to transportation, shopping, social, commercial and recreational facilities, medical services and such other facilities and services as shall best serve the residents;

(b) Financial feasibility of the Project;

(d) Availability of public transportation;

(e) Architectural design, including aesthetic quality, soundness of construction, energy efficiency, and suitability to the needs of the residents to be served;

(f) Compliance with applicable local comprehensive plan and land use regulations;

(g) Market demand;

(h) The financial strength, credit reputation and history of the prospective Borrower; and

(i) The experience of the developer, contractors, architects, consultants and management agent in developing, constructing and operating housing projects.

(6) The prospective Borrower may submit a written request for review and appeal of the Housing Stability Council's decision in accordance with the provisions of ORS Chapter 183. To be considered, a request must be received by the Department within 30 days of the date of the notice of application disapproval.

(7) Upon loan approval the Department shall issue a Commitment, which may be subject to loan funds being available, and may include, but are not limited to:

(a) The amount of the loan;

(b) The maximum rate of interest to be charged on the loan;

(d) The amount of the Commitment fee, Rent-Up Reserve Account and Contingency Escrow Account;

(e) When the Commitment fee shall be paid, and when the Rent-Up Reserve Account and Contingency Escrow Account shall be funded;

(f) All other conditions of the commitment, and when they shall be fulfilled;

(g) Provisions concerning construction;

(h) Provisions and conditions of loan disbursement;

(i) Provisions of Loan Closing; and

(j) Conditions of termination of the Commitment.

(8) If the Commitment conditions are not completed by the dates specified in the commitment, the offer for a Commitment shall expire, unless the Department grants an extension in writing.

(9) Construction and Completion:

(a) During the construction of the Project, the Department may conduct random inspections for Borrower's compliance with the plans and specifications previously approved by the Department. The Borrower's architect shall submit regular inspection reports to the Department. Change orders must be signed by the contractor, Project architect and the Borrower before being submitted to the Department for its approval and prior to the changes being made;

(b) Upon completion of construction of the Project, the Department shall perform an inspection to assure the Borrower's compliance with the approved plans and specifications. If some items of construction remain to be completed due to circumstances beyond the control of the Borrower (provided the incomplete items do not detract from livability or safety of the Project), the Department may require the Borrower to escrow as approved by the Department and under Department control, an amount equal to one and one-half times the estimated cost of completion, until the construction item is completed.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.515 - 456.720
OHCS 17-2026, temporary suspend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 2-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 11-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 7-1987, f. & ef. 3-10-87
HSG 3-1987(Temp), f. & ef. 2-5-87
1HD 11-1984, f. & ef. 9-4-84
1HD 5-1984, f. 7-5-84, ef. 7-8-84
1HD 2-1984(Temp), f. & ef. 2-10-84
1HD 9-1983, f. & ef. 12-1-83
1HD 1-1983, f. & ef. 5-20-83
1HD 2-1982, f. & ef. 1-4-82
1HD 7-1981, f. & ef. 4-7-81
1HD 5-1981, f. & ef. 3-31-81
1HD 1-1981, f. & ef. 1-30-81
1HD 16-1980, f. & ef. 12-15-80
1HD 15-1980, f. & ef. 12-14-80
1HD 13-1980, f. & ef. 8-8-80
1HD 11-1980, f. 6-18-80, ef. 6-20-80
1HD 7-1980, f. & ef. 4-2-80
1HD 4-1980, f. & ef. 3-19-80
1HD 2-1980(Temp), f. & ef. 2-22-80
1HD 4-1979, f. & ef. 9-11-79
1HD 1-1979, f. & ef. 1-16-79
1HD 1-1978(Temp), f. & ef. 7-12-78

Or. Admin. R. 813-030-0044 Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Loan Closing

Before the loan closing takes place, the Department shall provide to the escrow officer written instructions for closing the loan. The Department shall not authorize disbursement of loan funds until all conditions of the commitment are satisfied and the Department has received and approved:

(1) Cost certification;

(2) Certificate or policy of insurance for fire and extended coverage, liability, business income and flood insurance (if applicable), with the appropriate loss deductible. All insurance coverage shall be in the amounts set forth in the Department's Regulatory Agreement and Declaration of Restrictive Covenants;

(3) Contingency Escrow Account;

(4) Certificate of occupancy from the local government, or final inspection report, as required;

(5) Notice of Completion;

(6) Commercial leases (if applicable);

(7) Ground leases (if applicable);

(8) Any other relevant leases;

(9) Tax abatement approval;

(10) American Land Title Association (ALTA) mortgagee's preliminary title insurance report from the title company of the Borrower's choice;

(11) Any licenses required by the state;

(12) For Acquisition Loans:

(a) Certification of completion of work on repairs from the general contractor and owner.

(13) All other reasonable requirements of the Department.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.515 - 456.720
OHCS 17-2026, temporary suspend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 2-2007, f. & cert. ef. 1-11-07
Reverted to HSG 11-1989, f. & cert. ef. 11-3-89
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 11-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 7-1987, f. & ef. 3-10-87
HSG 3-1987(Temp), f. & ef. 2-5-87
1HD 11-1984, f. & ef. 9-4-84

Or. Admin. R. 813-030-0046 Temporary rule language in effect until 01/08/2027. Resident Eligibility and Occupancy

(1) To be eligible to occupy a unit in a designated elderly housing project, a resident must:

(a) Be a resident of the state of Oregon; and

(b) the head of the unit household must be over the age of 55 years.

(2) In addition to meeting the requirements of subsection (1) of this section, in order to be eligible to occupy a designated elderly housing project described in 813-030-0010(2)(e)(B), all members of the unit household must be at least 62 years of age.

(3) To qualify for the disabled preference that may be offered for applicable disabled housing projects, at least one member of the unit household must meet the definition of person with a disability as provided in OAR 813-060-0010.

(4) When a project is being acquired or rehabilitated, the Department may, at its sole discretion, relax eligibility requirements for up to 1 year to allow current residents, who may not otherwise qualify, a reasonable amount of time to find suitable replacement housing.

History

Statutory/Other Authority: ORS 90.800, ORS 91.886, ORS 183.341, ORS 456.515, ORS 458.210, ORS 456.723, ORS 90.840, ORS 458.650 & ORS 456.535
Statutes/Other Implemented: ORS 456.620, ORS 456.645 & ORS 456.675
OHCS 17-2026, temporary amend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 2-2007, f. & cert. ef. 1-11-07
OHCS 1-2001, f. & cert. ef. 2-15-01
OHCS 2-2000(Temp), f. & cert. ef. 9-15-00 thru 3-13-01
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 11-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 7-1987, f. & cert. ef. 3-10-87
HSG 3-1987(Temp), f. & cert. ef. 2-5-87
1HD 11-1984, f. & cert. ef. 9-4-84, Renumbered from 813-030-0050
1HD 8-1981, f. & cert. ef. 5-12-81
1HD 7-1981, f. & cert. ef. 4-7-81
1HD 5-1981, f. & cert. ef. 3-31-81
1HD 13-1980, f. & cert. ef. 8-8-80
1HD 4-1979, f. & cert. ef. 9-11-79
1HD 1-1979, f. & cert. ef. 1-16-79
1HD 1-1978(Temp), f. & cert. ef. 7-12-78

Or. Admin. R. 813-030-0047 Temporary rule language in effect until 01/08/2027. Project Requirements

(1) In addition to meeting the definition of an elderly housing project or a disabled housing project, all developments must meet the following requirements;

(a) Projects financed by the Department must satisfy applicable IRS tax-exempt bond requirements as referenced above in section 0015.

(b) For projects involving the acquisition or rehabilitation of existing multifamily housing in which tenants are residing at the time of program loan closing, the Department, at its sole discretion, may allow up to a one (1) year grace period for implementation of the standards identified in 813-030-0046 (4) above in order to reduce the impact of displacement for over-income residents.

(2) For projects that will be financed with proceeds of Bonds (as defined in 813-005-0005(6)) issued on a federally tax-exempt basis, tenants must have an annualized gross household income not exceeding the income limit required to ensure compliance with Section 142(d)(1) and Section 145 of the Internal Revenue Code of 1986, as amended (for purposes of this section, the “code”), as applicable:

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183.335, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 90.800 - 90.840, 91.886, ORS 456.320, ORS 456.645 & ORS 456.675
OHCS 17-2026, temporary amend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 2-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 11-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 7-1987, f. & ef. 3-10-87
HSG 3-1987(Temp), f. & ef. 2-5-87
1HD 11-1984, f. & ef. 9-4-84

Or. Admin. R. 813-030-0050 Temporary rule language in effect until 01/08/2027. Elderly and Disabled Sinking Fund

The department may utilize the elderly and disabled sinking fund as outlined in ORS 456.543. Surplus funds may be loaned as either program loans or program contributions as determined appropriate and necessary by the Department to expand or preserve housing opportunities and supply for elderly households and persons with a disability. Resources will be disbursed in a manner consistent with other housing resource opportunities administered by the Department.

History

Statutory/Other Authority: ORS 456.543
Statutes/Other Implemented: ORS 456.543
OHCS 17-2026, temporary adopt filed 07/13/2026, effective 07/13/2026 through 01/08/2027

Or. Admin. R. 813-030-0060 Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Loan Servicing

(1) The servicing of loans shall be performed by servicer(s) selected by the Department. Servicing, unless performed by the Department, shall be conducted under the terms and conditions contained in a servicing agreement entered into between the Department and any Approved Servicer. The Department shall prescribe the form of the servicing agreement. The Approved Servicer shall:

(a) Promptly collect all payments due under the Loan Agreement and Regulatory Agreement and Declaration of Restrictive Covenants;

(b) Provide the Department with a monthly accounting of loan payments and disbursements;

(d) Forward payments to the Department according to the provisions of the servicing agreement;

(e) Forward payments for insurance premiums to the insurance company when due;

(f) Forward payments for property taxes to the county assessor when due;

(g) Assure that all improvements on the mortgaged premises are kept insured against fire and extended coverage, casualty, liability and business income loss in accordance with the Loan Agreement and Regulatory Agreement and Declaration of Restrictive Covenants;

(h) Provide Borrower with regular analyses of servicing accounts; and

(i) Perform such other responsibilities as the Department may prescribe.

(2) If the Department does not act as the Approved Servicer, the Borrower selects the entity to act as Approved Servicer for the Loan. In order to qualify as an Approved Servicer and continue as such, an entity shall demonstrate to the satisfaction of the Department that:

(a) One of its principal functions is the servicing of multi-family or commercial loans secured by real estate;

(b) Such servicing is a customary and regular business activity of the applicant;

(c) It is qualified to engage in the servicing of mortgage loans for specified government agencies or private institutions engaged in the secondary market for mortgage investments;

(e) It shall maintain servicing facilities adequately staffed with personnel familiar with all regulations and requirements pertaining to or affecting Loans serviced for the Department.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 17-2026, temporary suspend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 2-2007, f. & cert. ef. 1-11-07
Reverted to HSG 8-1991, f. & cert. ef. 12-23-91
HSG 6-1995(Temp), f. & cert. ef. 11-8-95
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 6-1990, f. & cert. ef. 5-2-90
HSG 11-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 7-1987, f. & ef. 3-10-87
HSG 3-1987(Temp), f. & ef. 2-5-87
1HD 11-1984, f. & ef. 9-4-84
1HD 4-1979, f. & ef. 9-11-79

Or. Admin. R. 813-030-0062 Temporary rule language in effect until 01/08/2027. Loan Servicing

The department may service program loans internally or utilize a third party to provide loan servicing for any or all program loans. When utilizing a third-party servicer, the Department will specify the loan servicing process through a servicing agreement.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 17-2026, temporary amend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 2-2007, f. & cert. ef. 1-11-07
HSG 4-1996, f. & cert. ef. 5-15-96
HSG 6-1995(Temp), f. & cert. ef. 11-8-95
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 11-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 7-1987, f. & cert. ef. 3-10-87
HSG 3-1987(Temp), f. & ef. 2-5-87
1HD 11-1984, f. & cert. ef. 9-4-84, Renumbered from 813-030-0080
1HD 3-1983, f. & cert. ef. 7-20-83

Or. Admin. R. 813-030-0066 Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Transfer of Ownership

(1)(a) A Borrower who has received a loan or commitment from the Department shall not transfer ownership, lease, or otherwise encumber any property which serves or will serve as security for a loan from the Department without prior written approval from the Department;

(b) The Borrower shall be required to submit underwriting documentation as requested by the Department.

(2) A transfer of ownership means a sale, conveyance or other transfer of:

(a) Any interest of a general partner;

(b) Any interest in a joint venture;

(d) More than ten percent of a corporate owner's interest; or

(e) Any individual interest when the ownership is not a limited partnership, general partnership, joint venture or corporation.

(3) The Department may require a transfer application charge from Borrowers of Projects that received loans through the Department, who request the Department’s approval of a change in Project ownership. The Department may require a transfer review charge to Project owners and transferees who effect a change in Project ownership without prior written approval from the Department.

(4) A 100-percent transfer of ownership means a sale, conveyance or other transfer of:

(a) All interest of a general partnership;

(b) All interest of a joint venture;

(d) All general partners' interest in a limited partnership; and

(e) All individual interest of an ownership entity when the ownership entity is not a limited partnership, general partnership, joint venture or corporation.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 183, 91.886, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.515 - 456.720
OHCS 17-2026, temporary suspend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 2-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 11-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 7-1987, f. & ef. 3-10-87
HSG 3-1987(Temp), f. & ef. 2-5-87
1HD 11-1984, f. & ef. 9-4-84, Renumbered from 813-030-0070
1HD 15-1980, f. & ef. 12-4-80
1HD 3-1980(Temp), f. & ef. 3-4-80
OHCS 17-2026, temporary suspend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 2-2007, f. & cert. ef. 1-11-07

Or. Admin. R. 813-030-0067 Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Loan Prepayments

(a) The Borrower must submit to the Department a written request for prepayment at least 90 days prior to the Borrower’s estimated prepayment date;

(b) The Department may charge the Borrower a prepayment review charge to cover the Department’s cost of review and processing the prepayment request.

(a) The financial impact of the prepayment on the Department's programs or on an individual program or Bond indenture;

(b) Economic factors, including, but not limited to, portfolio diversification and relative cost of capital;

(d) The ability of the Department to use proceeds of the loan prepayment to increase the availability of housing affordable to low-income Oregonians;

(f) Tax law consequences; and

(3) If the Department determines that a loan prepayment is consistent with the best interests of the Department, it only shall authorize the prepayment provided that the sum to be prepaid, computed as of the date of prepayment, shall equal the unpaid principal balance of the loan plus accrued interest and all other obligations plus, at the Department's discretion, a penalty or premium for the privilege of prepayment. Such prepayment penalty shall be determined based on terms of the original Loan Documents, and amendments thereto which have been mutually agreed on by the Department and the Borrower. The Department may waive all or a portion of such prepayment penalty if it determines in its sole discretion that such waiver is in the best interests of the Department. In making a decision whether or not to waive any or all of a prepayment penalty, the Department may consider, but is not limited to, the criteria identified in OAR 813-030-0067(2)(a) through (g).

(4) Where Section 8 Housing Assistance contracts or other rent subsidies are in place, the Department may approve a loan prepayment request only if such rent subsidies are not unduly impaired, determined at the sole discretion of the Department.

(5) Failure to make timely submission of a prepayment penalty will cause additional interest to accrue at loan rate or statutory rate, whichever is higher.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 17-2026, temporary suspend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 2-2007, f. & cert. ef. 1-11-07
OHCS 1-1999, f. & cert. ef. 6-1-99
Reverted to HSG 11-1989, f. & cert. ef. 11-3-89
OHCS 1-1998(Temp), f. & cert. ef. 9-1-98 thru 2-27-99
Reverted to HSG 11-1989, f. & cert. ef. 11-3-89
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 11-1989, f. & cert. ef. 11-3-89

Or. Admin. R. 813-030-0068 Temporary rule language in effect until 01/08/2027. Disposal of Department-Owned Projects

(a) The financial investment of the Department in the project;

(b) Preservation of existing rental housing;

(c) Proposed new owner’s ability to manage, market, maintain and protect the project and any property used as security for the program loan or program contribution relating to the project;

(d) Proposed new owner’s capacity to preserve or improve upon the project’s safety, sanitation, durability and livability;

(e) Proposed new owner’s ability to preserve units which are affordable and suitable to the needs of the current residents and eligible tenants as described in OAR 813-030-0046 and 813-030-0010(h);

(f) Continued compliance with state or federal laws, rules or regulations, as applicable to the financing or use of the project.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183.335, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.515 - 456.720
OHCS 17-2026, temporary amend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 2-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 11-1989, f. & cert. ef. 11-3-89

Or. Admin. R. 813-030-0070 Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Waiver

The Department may waive or modify any requirements of OAR 813, division 030, unless such waiver or modification would violate applicable federal or state statutes or regulations.

History

Statutory/Other Authority: ORS 456.515 - 456.720
Statutes/Other Implemented: ORS 456.555
OHCS 17-2026, temporary suspend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 2-2007, f. & cert. ef. 1-11-07

Division 35 PASS-THROUGH REVENUE BOND FINANCING PROGRAM

Or. Admin. R. 813-035-0005 Purpose and Objectives

The rules of OAR chapter 813, division 35, are established to administer and enforce ORS 456.515 through 456.720, and specifically 456.615 through 456.720. These rules implement the Pass-Through Revenue Bond Financing Program, which has an objective of providing funds to finance the construction, rehabilitation and acquisition of multi-unit housing in the State of Oregon for persons and families of lower income, while providing sufficient safeguards to protect the financial interest of the state. Other objectives of the Program include providing for additional flexibility in the Department's overall financial loan structuring, and providing an efficient process for simplifying underwriting, approval and Project monitoring so as to accommodate pass-through revenue bond financing.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 1-2007, f. & cert. ef. 1-11-07
OHCS 3-2000, f. & cert. ef. 9-15-00
OHCS 1-2000(Temp), f. 6-8-00, cert. ef. 6-8-00 thru 12-4-00

Or. Admin. R. 813-035-0011 Definitions

(1) All terms are used in OAR chapter 813, division 35, as defined in the Act, and as provided in 813-005-0005 and herein.

(2) As used in these rules, unless the context indicates otherwise:

(a) “Bond Documents” means the Trust Indenture, the Loan Agreement, the Regulatory Agreement, Operating Agreement and related documents executed by one or more of the parties to the financing and development of the Project, including without limitation the Department, the Borrower, and the Trustee.

(b) "Borrower" or "Sponsor" means that legal entity to which bond proceeds are loaned. While the term "Borrower" generally is used in this Division, it and "Sponsor" are used interchangeably in Department rules, statutes, and documents

(c) “Operating Agreement” means the Operating Agreement and Declaration of Restrictive Covenants and Equitable Servitude executed by one or more of the parties to the financing and development of the Project, including without limitation the Department and the Borrower.

(d) "Project" means the project site and all buildings, structures, fixtures, equipment and other improvements now or later constructed or located upon the project site.

(e) "Pass-Through Revenue Bond Financing Program" or "Program" means the Program established pursuant to this division 035.

(f) “Private Placement” with respect to municipal securities, a negotiated sale in which the new issue securities are sold directly to institutional or private investors rather than through a Public Offering. The offer and sale of the securities by the issuer is directly to one or more investors, rather than through an underwriter.

(g) "Public Offering" as used in this Division means any offering of bonds by the Department to finance Project(s) other than a private placement with a single financial institution.

(h) “Transferee” means the person, or entity, to whom the Borrower sells, transfers to or disposes of the Project or any portion therof (other than by leasing or renting for individual tenant use.)

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.620, 456.645 & 456.675
OHCS 1-2007, f. & cert. ef. 1-11-07
OHCS 3-2000, f. & cert. ef. 9-15-00
OHCS 1-2000(Temp), f. 6-8-00, cert. ef. 6-8-00 thru 12-4-00

Or. Admin. R. 813-035-0016 Standard Underwriting Criteria

In reviewing any Project financing application for approval, the Department and the Housing Stability Council, in addition to requirements elsewhere stated in the Program rules, may consider factors including but not limited to the following:

(2) Availability of street, sewer, water, utilities and other public services.

(3) Availability of public transportation.

(4) Financial feasibility of the Project, including any relevant commercial or other elements as they may impact Project viability.

(5) Architectural design, including aesthetic quality, soundness of construction, energy efficiency, and suitability to the needs of the residents to be served.

(6) Compliance with land use regulations.

(7) Market demand in the area.

(8) The financial strength, credit reputation and history of the Borrower.

(9) The experience of the developer, contractors, architects, consultants and management agent in developing, constructing and operating housing Projects.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.625 & 456.666
OHCS 1-2007, f. & cert. ef. 1-11-07
OHCS 3-2000, f. & cert. ef. 9-15-00
OHCS 1-2000(Temp), f. 6-8-00, cert. ef. 6-8-00 thru 12-4-00

Or. Admin. R. 813-035-0018 Investment Grade Bonds

The Department has responsibility for several Department bond programs and its Publicly Offered bonds normally must be of investment grade credit quality. Private Placement bonds need only address the purchaser’s investment grade interests. To ensure investment grade credit quality for its Publicly Offered bonds or other financing funds, the Department may require that Borrower and its participating institution provide an appropriate credit enhancement device that will secure the bonds in a manner that will result in investment grade credit quality. Any exceptions to this investment grade credit quality standard will only be at the Department's sole determination and must be appropriately supported and documented.

History

Statutory/Other Authority: ORS 456.559 & 456.625
Statutes/Other Implemented: ORS 456.620, 456.645 & 456.675
OHCS 1-2007, f. & cert. ef. 1-11-07
OHCS 3-2000, f. & cert. ef. 9-15-00
OHCS 1-2000(Temp), f. 6-8-00, cert. ef. 6-8-00 thru 12-4-00

Or. Admin. R. 813-035-0021 Financing Commitments and Charges

(1) The Department may finance Projects pursuant to written Commitments made to eligible Borrowers.

(2) Projects may be financed directly with proceeds from the issuance of Bonds or other available funds obtained by the Department. The Department may establish charges and interest rates for financing Projects based upon factors including but not limited to the following:

(a) The cost of borrowing through Bond issuance; and

(b) Other funds required to carry out the Program.

(3) The Borrower shall comply with all provisions of the Program and the Act.

(4) The Department may take appropriate enforcement action in accordance with the Commitment and other Project documents, or as otherwise available at law.

(5) The Department may finance Projects in such order, as in the sole judgment of the Department, best achieves the purposes of the Program and the Act.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.515 - 456.720
OHCS 1-2007, f. & cert. ef. 1-11-07
OHCS 3-2000, f. & cert. ef. 9-15-00
OHCS 1-2000(Temp), f. 6-8-00, cert. ef. 6-8-00 thru 12-4-00

Or. Admin. R. 813-035-0029 Transfer of Ownership

(1) Except for transfers in connection with refinancing of the Bond by or through the Department and/or low income housing tax credits provided by the State, the parties agree that during the term of the Department’s Operating Agreement, if the Borrower sells, transfers or otherwise disposes of any interest in the Project or any portion thereof (other than by leasing or renting for individual tenant use as contemplated in the application for financing) without obtaining the prior written consent of the Department, an event of default shall occur under the terms of the Operating Agreement and Bond Documents and the remedies provided in said documents may be exercised by the Department, the trustee or otherwise. The Department’s consent shall not be unreasonably withheld or delayed, but may be conditioned upon one or more of the following:

(a) The execution of transfer, assumption and modification documents satisfactory to the Department;

(b) Reasonable evidence satisfactory to the Department that the Borrower is not then in default beyond any applicable grace period or cure period;

(c) An opinion of counsel for the Transferee, delivered to the Department and trustee, to the effect that the Transferee has assumed in writing and in full all duties and obligations of the Borrower under the Operating Agreement and Bond Documents, and that the Operating Agreement and the Bond Documents constitute legal, valid and binding obligations of the Transferee;

(d) An opinion of bond counsel to the effect that the sale, transfer or disposition of the Project or any portion thereof will not adversely affect the exclusion of the interest on the Bond from the gross income of the bondowners and will not adversely affect the award of low-income housing tax credits to the Project, and;

(e) Such other conditions which reasonably may be imposed by the Department or the trustee to assure compliance with federal or stte law, including but not limited to the Borrower providing the Department with current financial information with respect to the Transferee and a full description of such Transferee’s and its principal’s experience in real property development and management.

(2) A transfer of ownership means a sale, conveyance or other transfer of:

(a) Any interest of a general partner;

(b) Any interest in a joint venture;

(d) More than 10 percent of a corporate or a limited liability company owner's interest; or

(e) Any individual interest when the ownership is not a limited partnership, general partnership, joint venture, limited liability company, or corporation.

(3) The Department may require a transfer application charge from owners of projects that receive financing through the Department, who request the Department’s approval of a change in Project ownership.

(4) The Department may assess a transfer review charge to Project owners and transferees who effect a change in project ownership without prior written approval by the Department.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.620, 456.645 & 456.675
OHCS 1-2007, f. & cert. ef. 1-11-07
OHCS 3-2000, f. & cert. ef. 9-15-00
OHCS 1-2000(Temp), f. 6-8-00, cert. ef. 6-8-00 thru 12-4-00

Or. Admin. R. 813-035-0032 Approved Borrowers

(1) Any person or appropriate legal entity may apply to become a Borrower.

(2) In evaluating the capacity of a prospective Borrower to develop, own, maintain and manage a Project, the Department may require, review and use any documents, credit reports, financial statements, or other information consistent with the provisions of the Equal Credit Opportunity Act as it may relate to the Department.

(3) Production of information to the Department by the Borrower or prospective Borrower shall be at the Borrower’s own cost and shall be without cost or liability to the Department.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 3-2000, f. & cert. ef. 9-15-00
OHCS 1-2000(Temp), f. 6-8-00, cert. ef. 6-8-00 thru 12-4-00

Or. Admin. R. 813-035-0033 Project Financing

(1) To be eligible for Project financing, a prospective Borrower shall comply with the terms contained in the Housing Stability Council approval, the Project financing documents, and other Program or Department requirements.

(2) Program financing may not exceed that portion of the Project's appraised value appropriate to prudent underwriting, as determined by the lender and reviewed by the Department.

(3) Program financing may have a final maturity of not more than 40 years from the date of its making unless allowed by law, and shall be secured by a first lien deed of trust granted by the Borrower, or others as appropriate, in the Project and other property securing the loan.

(4) Program financing may provide financing for Projects to be newly constructed or to be acquired and substantially rehabilitated.

(5) Project documents, including all Loan Documents, must be in form and substance as approved or required by the Department at its sole discretion.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 1-2007, f. & cert. ef. 1-11-07
OHCS 3-2000, f. & cert. ef. 9-15-00
OHCS 1-2000(Temp), f. 6-8-00, cert. ef. 6-8-00 thru 12-4-00

Or. Admin. R. 813-035-0036 Eligible Projects

(1) The Department shall evaluate each Project for consistency with sound architectural and planning principles and underwriting standards.

(2) This Department evaluation may include, but is not limited to the following:

(a) Site; location; market demand; financial feasibility; qualifications of general contractor, management agent, and developer; appraisal; financial strength and credit worthiness of the prospective Borrower; management plan; final architectural package; prospective Borrower's organizational documents; title report; and any other information the Department may prescribe;

(b) If subject to a Federal Housing Assistance Payments contract, whether or not the Project complies with any standards required by the U.S. Department of Housing and Urban Development (HUD);

(c) Whether or not the Project meets all applicable state and local land use and zoning requirements, housing codes, and similar requirements;

(d) Whether or not the Project is located in the State of Oregon; and

(e) Whether or not the Project meets all applicable laws and other Program requirements.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 1-2007, f. & cert. ef. 1-11-07
OHCS 3-2000, f. & cert. ef. 9-15-00
OHCS 1-2000(Temp), f. 6-8-00, cert. ef. 6-8-00 thru 12-4-00

Or. Admin. R. 813-035-0040 Resident Eligibility and Occupancy

(1) To be eligible to occupy a Project, a Person or household shall:

(a) Be a Resident of the state.

(b) Have an annualized gross household income that does not exceed the limit established by the Department from time to time in compliance with the Act, and the limits of Section 142(d)(1) of the Code, if applicable.

(c) The project shall conform to the maximum income requirement of ORS 456.620(4). With the approval of the council, establish maximum household income limits for all or a portion of the units in housing projects, housing developments or other residential housing financed in whole or in part by the department. A maximum of one-third of the units in a housing Project, housing development or other residential housing financed by the department may be rented to households with an income level exceeding 120 percent of the median family income level, as determined by the department. If the income level in any unit exceeds 120 percent of the median family income, the department shall, to the extent practicable, require that the Project, development or other housing financed by the department has a percentage of low income units that is higher than the minimum percentages established in 456.120(19) for Projects financed by local housing authorities or income limitations that are lower than the limits described in 455.120(19) or a combination thereof.

(d) Relating specifically to acquisition/rehabilitation projects only, where tenants already reside in the project, the Department, at its sole discretion, may allow up to a one (1) year grace period for implementation of the standards identified in subsection (c) above in order to reduce the impact of displacement for over-income residents.

(2) Rental of units shall not violate the Fair Housing provisions of the 1968 Civil Rights Act or other applicable provision of state or federal law.

(3) Lower-income Persons or households residing in the Project shall have equal access to and enjoyment of all common facilities of the Project.

(4) The Borrower shall accept as residents in compliance with Section 8 programs, lower-income Persons or households who are holders of certificates for federal housing assistance payments pursuant to Section 8 of the United States Housing Act of 1937 or a successor federal program, on the same basis as all other prospective residents. The Borrower shall not apply resident selection criteria to such Section 8 certificate holders which are more burdensome than the criteria applied to any other prospective resident.

(5) The Borrower shall conduct timely annual income certifications of residents to the Department's satisfaction to assure compliance with the income requirements of the Program.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 456.559 & 456.625
Statutes/Other Implemented: ORS 456.620, 456.645 & 456.675
OHCS 1-2007, f. & cert. ef. 1-11-07
OHCS 1-2001, f. & cert. ef. 2-15-01
OHCS 3-2000, f. & cert. ef. 9-15-00
OHCS 2-2000(Temp), f. & cert. ef. 9-15-2000 thru 3-13-01
OHCS 1-2000(Temp), f. 6-8-00, cert. ef. 6-8-00 thru 12-4-00

Or. Admin. R. 813-035-0045 Inspections and Audits

(1) The Department will have the ability to conduct, and Borrowers shall cooperate fully with the Department in accomplishing, such physical inspections of the Project(s) as the Department may from time to time require.

(2) Borrowers shall provide annual audited financial reports and such other information and documents concerning the Project as the Department from time to time may require, and in form and substance satisfactory to the Department at its sole discretion.

(3) The purposes of inspections, audited financial reports and other requested information may include, but are not limited to reviews of tenant occupancy income verification procedures and documents, maintenance and reserves compliance verification, and financial management of the Project.

(4) The Borrower shall at all times manage the Project so as to comply with Program requirements, the terms of the Project documents and all applicable laws.

History

Statutory/Other Authority: ORS 456.559 & 456.625
Statutes/Other Implemented: ORS 456.620, 456.645 & 456.675
OHCS 1-2007, f. & cert. ef. 1-11-07
OHCS 3-2000, f. & cert. ef. 9-15-00
OHCS 1-2000(Temp), f. 6-8-00, cert. ef. 6-8-00 thru 12-4-00

Or. Admin. R. 813-035-0051 Loan Security

Notwithstanding any other representation or provision contained in the Program rules or otherwise, financing funds shall not be disbursed for the Project loan until:

(1) Fully executed Bond Documents, or other adequate instrument as required by the Department fully secures the Project.

(2) The Borrower and other necessary parties have executed all Project documents required by the Department at its sole discretion.

(3) The Borrower and other necessary parties have satisfied all program financing conditions contained , as well as the requirement for assuring investment grade credit quality bond-financing for the Project as determined by the Department at its sole discretion.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 1-2007, f. & cert. ef. 1-11-07
OHCS 3-2000, f. & cert. ef. 9-15-00
OHCS 1-2000(Temp), f. 6-8-00, cert. ef. 6-8-00 thru 12-4-00

Or. Admin. R. 813-035-0070 Waiver

The Department may waive or modify any requirements of OAR 813, division 060, unless such waiver or modification would violate applicable federal or state statutes or regulations.

History

Statutory/Other Authority: ORS 456.515 - 456.720
Statutes/Other Implemented: ORS 456.555
OHCS 1-2007, f. & cert. ef. 1-11-07

Division 37 AFFORDABLE HOUSING LAND ACQUISITION REVOLVING LOAN PROGRAM (LAP)

Or. Admin. R. 813-037-0005 Purpose and Objectives

OAR Chapter 813, Division 37 is established to enact the Affordable Housing Land Acquisition Revolving Loan Program or Land Acquisition Program (LAP) as authorized in ORS 456.502. LAP is also subject to OHCS’s general rules, including but not limited to OAR chapter 813, division 5, and subject to OHCS’s general procedures for public contracts and procurements found in OAR chapter 813, division 6. The purpose of LAP is to provide financial assistance to eligible organizations to purchase land for affordable housing development.

History

Statutory/Other Authority: ORS 456.502
Statutes/Other Implemented: ORS 456.502
OHCS 5-2022, amend filed 02/28/2022, effective 03/01/2022
OHCS 3-2019, amend filed 06/17/2019, effective 06/17/2019
OHCS 1-2019, temporary amend filed 04/05/2019, effective 04/05/2019 through 10/01/2019
OHCS 16-2018, adopt filed 10/24/2018, effective 10/24/2018

Or. Admin. R. 813-037-0010 Definitions

The following words and terms have the following meanings unless the context would clearly indicate otherwise.

(1) “Affordable Housing” means housing that is affordable to households with incomes less than or equal to 80 percent of the area median income for the county in which the housing is built.

(2) “Current Market Rate” means the ten- year constant treasury maturity year rate, as determined at the time the individual loan is closed upon, plus two- and one-half percent.

(3) “Eligible Organization” means local governments, local housing authorities, nonprofit community or neighborhood-based organizations, federally recognized Indian tribes in Oregon and regional or statewide nonprofit housing assistance organizations.

(4) “Eligible Purpose” means the development of affordable housing and/or facilities intended to provide supportive services to affordable housing residents and low-income households in the nearby community.

(5) “Extenuating Circumstances” means extreme or unusual conditions that resulted in an inability to repay the loan and that were unknowable at the time of the loan.

(6) “Identity of Interest” means any relationship where the purchaser and seller are related, affiliated through a business relationship, or both.

(7) “Land Acquisition Revolving Loan Program Manual” or “LAP Manual” or “Manual” means the program manual for the Land Acquisition Revolving Loan Program, as described in OAR 813-037-0012.

(8) “Loan Recipient” means the eligible organization that has applied for and received financial assistance under the LAP.

(9) “Local Government” means a county, city, district or other public corporation, commission, authority, or entity organized and existing under statute or city or county charter.

(10) “Low Income Household” means a household with income less than or equal to 80 percent of the area median income as defined in ORS 456.270.

(11) “Substantially Completed” means that OHCS has determined that enough project milestones have been achieved to reasonably conclude that additional time will result in LAP compliance.

History

Statutory/Other Authority: ORS 456.502
Statutes/Other Implemented: ORS 456.270
OHCS 5-2022, amend filed 02/28/2022, effective 03/01/2022
OHCS 16-2018, adopt filed 10/24/2018, effective 10/24/2018

Or. Admin. R. 813-037-0012 Land Acquisition Revolving Loan Program Manual

(1) Additional guidance and application instructions are outlined in the LAP Manual dated March 2022, incorporated into, and adopted as part of this division of administrative rules by reference.

(2) The manual may be accessed online at OHCS’s website.

History

Statutory/Other Authority: ORS 456.502
Statutes/Other Implemented: ORS 456.502
OHCS 2-2024, temporary amend filed 02/29/2024, effective 03/01/2024 through 08/26/2024
OHCS 5-2022, adopt filed 02/28/2022, effective 03/01/2022

Or. Admin. R. 813-037-0015 Availability and Source of Affordable Housing Land Acquisition Revolving Loan Program (LAP) Funds

(1) The Affordable Housing Land Acquisition Revolving Loan Program or Land Acquisition Program (LAP) was initially funded by repurposing funds already in OHCS’s funding stream. Once moved to the LAP, the repurposed funds are to be continuously used for the LAP allowing for eligible organizations to reserve land assets for eligible purposes. Additional guidance can be found in the LAP Manual.

(2) Any additional funding may be targeted towards specific needs within the state, provided that all funding sources will be used for eligible purposes and in a manner consistent with the established program criteria.

History

Statutory/Other Authority: ORS 456.502
Statutes/Other Implemented: ORS 456.502
OHCS 5-2022, amend filed 02/28/2022, effective 03/01/2022
OHCS 16-2018, adopt filed 10/24/2018, effective 10/24/2018

Or. Admin. R. 813-037-0020 Program Criteria

(1) The LAP is overseen by OHCS. At OHCS’s discretion, OHCS may utilize a qualifying nonprofit organization to serve in a fiduciary capacity as a “program administrator.”

(2) OHCS or their program administrator, with OHCS’s approval, may provide loans to eligible organizations to purchase land on which to develop affordable housing, and to build facilities intended to provide supportive services to affordable housing residents and low-income households in the community.

(3) 40 percent of loans made through the LAP shall go to eligible organizations operating homeownership programs for low-income households. If the entire 40 percent cannot be loaned for homeownership programs, the remainder may be loaned for programs eligible in subsection (4) of this rule. Additional guidance can be found in the LAP Manual.

(4) 60 percent of loans, plus any funding that was unable to be used for homeownership purposes as described in subsection (3) of this rule, shall be made available to eligible organizations for the purpose of affordable housing and to build facilities intended to provide supportive services to affordable housing residents and low-income households in the community. Additional guidance on allocations and set-asides can be found in the LAP Manual.

(5) Subject to available funding, LAP loans shall be made available in a manner consistent with the current application process as issued by OHCS.

History

Statutory/Other Authority: ORS 456.502
Statutes/Other Implemented: ORS 456.502
OHCS 5-2022, amend filed 02/28/2022, effective 03/01/2022
OHCS 16-2018, adopt filed 10/24/2018, effective 10/24/2018

Or. Admin. R. 813-037-0025 Application Procedure Requirements

(1) The process of obtaining LAP funding will be specified in solicitation documents issued by OHCS, as supplemented by the LAP Manual. Additional direction and guidance can be found in the LAP Manual.

(2) OHCS may require payment of a non-refundable application charge from any applicant requesting LAP funds. If the application is not considered due to a lack of funding availability, the application charge will be returned.

(3) OHCS may refuse to process applications or terminate processing the application if it determines that an application is incomplete or otherwise nonconforming (see LAP Manual) or if the applicant fails to meet the definition of an eligible organization.

(4) Property already purchased or donated is not eligible for LAP funding.

(5) Property with a cost reimbursement agreement is not eligible for LAP funding.

(6) Property purchased from an entity with an Identity of Interest to the buyer is not eligible for LAP funding. See LAP Manual for additional information.

(7) Property with option agreements or purchase sale agreements are allowed to apply for LAP provided they were signed less than 12 months prior to their initial application date.

(8) Property designated for renovation is not eligible for LAP funding. Exceptions may be allowed for incidental buildings on a case-by-case basis (for example, a maintenance or storage shed).

History

Statutory/Other Authority: ORS 456.502
Statutes/Other Implemented: ORS 456.502
OHCS 5-2022, amend filed 02/28/2022, effective 03/01/2022
OHCS 16-2018, adopt filed 10/24/2018, effective 10/24/2018

Or. Admin. R. 813-037-0030 Award Determination

(1) There is no maximum loan amount on LAP loans; however, LAP is not intended to cover 100 percent of site acquisition costs. The amount of any LAP loan is subject to the discretion of OHCS considering factors that may include, but are not limited to:

(a) the availability of LAP funds;

(b) the availability of other funding to the applicant;

(d) the timing of the proposed development;

(e) the capacity and past performance of the applicant in developing and managing affordable housing; and

(f) the need for affordable housing in the area.

(2) OHCS shall be in the first lien position on all property loan documents.

(3) Loan applications must include development plans as described in ORS 456.502(4).

(4) Subject to the placement of appropriate affordable housing into service on the land acquired by the LAP loan within eight years of the loan’s receipt, LAP loans will have a simple interest rate of not more than one percent if all loan terms and regulatory requirements are met. Collection costs, late fees, interest upon accelerated payments due to an event of default and post-judgment interest are not subject to the one percent limitation.

(5) Subject to the placement of appropriate affordable housing into service on the land acquired by the LAP loan within eight years of the loan’s receipt, LAP loan fees, if applicable, will not exceed one percent if all loan terms and regulatory requirements are met. Collection costs, late fees, interest upon accelerated payments due to an event of default and post-judgment interest are not subject to the one percent limitation.

(6) All loans will include documents listing the Current Market Rate of the loan payable in the event of a loan default.

(7) All housing developed on the property acquired with LAP funding shall be preserved as affordable housing for a minimum of 30 years. The affordability restrictions shall be documented through documents acceptable to OHCS including, but not limited to, restrictive covenants, recorded at the loan recipient’s expense against the property acquired with LAP funding.

(8) Loan payments may be deferred by OHCS. However, repayment shall begin no later than when the project financing has closed. Loan documents must be satisfactory to OHCS in its sole discretion. Loan recipients must reimburse OHCS for its legal costs in negotiating terms of applicable loan documents.

History

Statutory/Other Authority: ORS 456.502
Statutes/Other Implemented: ORS 456.502
OHCS 5-2022, amend filed 02/28/2022, effective 03/01/2022
OHCS 16-2018, adopt filed 10/24/2018, effective 10/24/2018

Or. Admin. R. 813-037-0035 Loan & Project Oversight

(1) Within five years of receiving a loan, a loan recipient must present OHCS with an updated development plan if the development has not been completed and placed into service.

(a) The development plan must include a current development design, committed, and anticipated financial resources dedicated to the project, and an estimated development schedule that includes completion of the project within eight years.

(b) The updated development plan must be substantially consistent with the original development plan.

(2) Within eight years of receiving a loan under the LAP, the project must be completed and placed into service, or the loan interest rate limit will be reestablished at the current market rate. Failure to place a project in service within eight years of receiving a loan under LAP may also be deemed by OHCS to be an event of default.

History

Statutory/Other Authority: ORS 456.502
Statutes/Other Implemented: ORS 456.502
OHCS 5-2022, amend filed 02/28/2022, effective 03/01/2022
OHCS 16-2018, adopt filed 10/24/2018, effective 10/24/2018

Or. Admin. R. 813-037-0040 Program or Loan Default

(1) OHCS may deem an LAP loan to be in default when one or more of the following events occur:

(a) A loan recipient does not place appropriate affordable housing into service on a property acquired under this section within eight years of receiving OHCS's LAP funding.

(b) The property is not used for an eligible purpose as determined by OHCS.

(d) A loan recipient does not provide an updated development plan to OHCS within five years of receiving a loan.

(e) The loan recipient otherwise fails to perform in a manner consistent with the LAP or applicable loan documents.

(2) If a loan recipient fails to place appropriate affordable housing into service in conformance with subsection (1)(a) or when a loan or LAP default otherwise occurs, the loan recipient must pay OHCS an amount consistent with the principal of the original loan plus compounded interest calculated at the current market rate. Loan fees and other costs may also apply. Notwithstanding the foregoing, OHCS may, in its sole discretion, grant a partial or total exemption from the repayment requirements of this section if OHCS determines that a project is Substantially Completed or that the property has been substantially used as described in the original affordable housing development plan. When determining whether to grant a partial or total exemption under this section, OHCS may consider factors including, but not limited to, Extenuating Circumstances, community need and project specific circumstances.

History

Statutory/Other Authority: ORS 456.502
Statutes/Other Implemented: ORS 456.502
OHCS 5-2022, amend filed 02/28/2022, effective 03/01/2022
OHCS 16-2018, adopt filed 10/24/2018, effective 10/24/2018

Division 38 PREDEVELOPMENT LOAN PROGRAM

Or. Admin. R. 813-038-0005 Purpose and Objectives

OAR chapter 813, division 038 is intended to accomplish the general purposes of the department’s Predevelopment Loan Program (the “Program”) as authorized in ORS 456.515 to 456.725. The Program is designed to assist in the financing of costs (planning) incurred prior to the actual development of low-income housing projects. It is intended to facilitate the development of high quality, affordable housing by providing below market financing and flexible terms for typical predevelopment expenses, not including site acquisition and land costs. The Department has no obligation to approve any Loan or to issue a Commitment Letter in response to any Program application or otherwise.

History

Statutory/Other Authority: ORS 183.341, 456.555(2) & 456.625(12)
Statutes/Other Implemented: ORS 456.561, 456.574, 456.620 & 456.625
OHCS 54-2024, amend filed 12/30/2024, effective 01/01/2025
OHCS 24-2024, temporary amend filed 07/31/2024, effective 08/01/2024 through 01/27/2025
OHCS 12-2007, f. & cert. ef. 5-10-07

Or. Admin. R. 813-038-0010 Definitions

All words and terms used in OAR chapter 813, division 038, except as the context specifically requires, are defined in ORS 456.515 to 456.725, in 813-005-0005, or herein. As used in these rules, the following words and terms have the following meaning unless the context clearly indicates otherwise:

(1) “Application” means a Loan request provided by the Eligible Borrower to the Department in a form and format as prescribed by the Department and modified from time to time reflecting current Program criteria.

(2) “Commitment Letter” or “Commitment” means the written conditional obligation of the Department to provide a Loan issued to the Borrower after the Department has received, reviewed and determined to approve a Loan request. The Department has no obligation to approve. The Commitment Letter may be for an amount different than the applicant request, and may include, but is not necessarily limited to stating the approved loan amount, interest rate, costs of borrowing, repayment terms, performance criteria, monthly reporting requirements and other conditions of the Loan.

(3) Communities of Color: identity-based communities that hold a primary racial identity that describes shared racial characteristics among community members. The term aims to define a characteristic of the community that its members share (such as being African American) that supports self-definition by community members, and that typically denotes a shared history and current/historic experiences of racism. An older term for Communities of Color is that of "minority communities" which is increasingly inaccurate given that people of color are majority identities on a global level. That term has also been rejected for its potential to infer any inferior characteristics. The community may or may not also be a geographic community. Given that race is a socially defined construct, the definitions of these communities are dynamic and evolve across time. The Coalition of Communities of Color defines Communities of Color to include Native Americans, Latinos, Asian and Pacific Islanders (further disaggregated according to local preferences), African Americans, African Immigrants and Refugees, Middle Eastern, and Slavic communities.

(4) Culturally Specific Organization (CSO): an entity that provides services to a cultural community and the entity has the following characteristics:

(a) Majority of members and/or clients must be from a particular cultural community that has faced housing discrimination;

(b) Organizational environment is culturally focused, and the cultural community being served recognizes it as a culturally-specific entity that provides culturally and linguistically responsive services;

(c) Majority of staff must be from the cultural community being served, and the majority of the leadership (defined to collectively include board members and management positions) must be from the cultural community being served;

(d) The entity has a track record of successful community engagement and involvement with the cultural community being served, rooted on a foundation of respect and trust; and

(e) The organization engages in advocacy for housing and/or economic justice for the cultural community with their guidance.

(5) “Eligible Borrower” or “Borrower” means a non-profit, including public benefit or religious non-profit corporation, housing authority or tribal entity who satisfies the legal, financial, and other criteria of the Department for receipt of a Loan and who has or will make a Loan request that will qualify for approval by the Department.

(6) “Eligible Predevelopment Costs” means costs associated with predevelopment activities as allowable by the Department.

(7) “Eligible Project” means the new construction or acquisition and rehabilitation of affordable multi-family rental housing with a minimum of five (5) units that comply with Program requirements as determined by the Department.

(8) “Funds” means the financial resources the Department makes available for predevelopment activities through this Predevelopment Loan Program.

(9) “Predevelopment Loan” or “Loan” means a loan made by the Department to a Eligible Borrower in order to finance Eligible Predevelopment Costs for an Eligible Project.

(10) Small Organization: An organization is defined as “small” for the PFLP if its average annual budget is less than $5,000,000 over the last 3 years, as confirmed by audited financial statements, form 990s, or any other method of confirmation approved by OHCS staff.

(11) Tribe or Tribal: A federally recognized Native American Tribe or Indian Tribe in Oregon, as defined in ORS 182.162, or related to the same.

(12) Tribal-led Project: A Project that is sponsored by a Tribe, a Tribally Designated Housing Entity, or an organization owned by a Tribe.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 183.341, 456.555(2), 456.625(12) & HB 2964 (2025)
Statutes/Other Implemented: ORS 456.561, 456.574, 456.620 & 456.625
OHCS 50-2025, amend filed 12/24/2025, effective 12/29/2025
OHCS 38-2025, temporary amend filed 09/11/2025, effective 09/11/2025 through 03/09/2026
OHCS 54-2024, amend filed 12/30/2024, effective 01/01/2025
OHCS 24-2024, temporary amend filed 07/31/2024, effective 08/01/2024 through 01/27/2025
OHCS 12-2007, f. & cert. ef. 5-10-07

Or. Admin. R. 813-038-0015 Availability and Source of Predevelopment Loan Funds

(1) The Predevelopment Loan Program Funds are maintained in an OHCS revolving account.

(2) Funding availability, among other considerations, is dependent upon the number of outstanding loans at the time of the Program Application.

(3) OHCS may provide funding through a competitive or non-competitive process.

(4) OHCS may provide a Predevelopment Loan under this Division from:

(a) Unrestricted cash and investments of OHCS made available for use as Predevelopment Loans not needed for operations of OHCS and not otherwise determined by the Executive Director to be a necessary and prudent reserve;

(b) Resources made available to the Department for Predevelopment Loans from other institutions;

(d) Other appropriate sources.

History

Statutory/Other Authority: ORS 183.341, 456.555(2) & 456.625(12)
Statutes/Other Implemented: ORS 456.561, 456.574, 456.620, 456.625 & 456.692
OHCS 54-2024, amend filed 12/30/2024, effective 01/01/2025
OHCS 24-2024, temporary amend filed 07/31/2024, effective 08/01/2024 through 01/27/2025
OHCS 12-2007, f. & cert. ef. 5-10-07

Or. Admin. R. 813-038-0020 Program Criteria

(1) OHCS may establish one or more programs to support partners as OHCS determines is prudent. Programs may be established to address different stages of the predevelopment process, different categories of vulnerable partners, different aspects of predevelopment costs or separated in any other way OHCS determines appropriate.

(2) Any predevelopment loan program subject to this rule should include, but is not limited to, the following program criteria. The Eligible Borrower shall provide:

(a) A complete Program Application satisfactory to OHCS that appropriately demonstrates the need for and projected use of the requested Loan;

(b) Such other information, warranties and assurances as OHCS may require, including that it will comply with all Program requirements as set forth in statute, these rules, the Application, and the Loan Documents, and;

(3) A proposed multi-family rental housing Eligible Project must have five (5) or more rental housing units. The partner must agree to the terms upon affordable housing project completion, the greater of 10 or 10% of the total units must be occupied by households whose incomes are less than 120% of the area median income. Rents for income restricted units must also be restricted as required by the Department.

(4) Loan funds may be disbursed in a lump sum, in installments, or on a cost reimbursement basis as determined by OHCS.

(5) The Program Application shall include a plan, as determined by OHCS, to make repayment of the loan. Terms and conditions may vary by program and Departmental intent.

(6) OHCS may require other information as it deems appropriate prior to disbursement of any Loan Funds.

(7) The Commitment Letter must be executed by an authorized signor of the Eligible Borrower and returned to OHCS prior to any disbursement of Loan Funds.

(8) Notwithstanding any Commitment, disbursement of Loan Funds to the Eligible Borrower by OHCS is specifically conditioned upon the Borrower’s execution, delivery and recording of Loan and other Program documents satisfactory to OHCS.

(9) OHCS may give a preference for a Loan based upon factors that may include, but are not limited to, those described in subparagraph 038-0030(2) and the following:

(a) Projects providing the greatest number of suitable housing units constructed, acquired, developed or rehabilitated for the least amount of loan; and

(b) Those Program applications which, in the sole judgment of OHCS, best achieve the purposes of the Predevelopment Loan Program.

(10) OHCS will make Loans to Eligible Borrowers under the terms of a written Commitment Letter.

(11) The Borrower shall comply with the provisions of these rules, appropriate directives of OHCS, and the Loan Documents. If the Borrower does not comply or fails to comply, OHCS may revoke its Commitment Letter and demand immediate repayment of all or a portion of the Loan Funds advanced.

History

Statutory/Other Authority: ORS 183.341, 456.555(2) & 456.625(12)
Statutes/Other Implemented: ORS 456.561, 456.574, 456.620 & 456.625
OHCS 54-2024, amend filed 12/30/2024, effective 01/01/2025
OHCS 24-2024, temporary amend filed 07/31/2024, effective 08/01/2024 through 01/27/2025
OHCS 12-2007, f. & cert. ef. 5-10-07

Or. Admin. R. 813-038-0025 Program Loan Terms

(1) Loans may have a term of up to a maximum of five (5) years unless otherwise specified in writing by the Department.

(2) The interest rate applicable to Program Loans will be established from time to time by the Department as it determines appropriate in consideration of factors it may determine to be relevant, potentially including, but not necessarily limited to current market rates, the availability of Funds, the credit-worthiness of the Borrower, the size and term of the Loan, any determination by the Department with respect to the need for the Project or market conditions in general. Unless otherwise established by the Department, interest will accrue as simple interest due and payable under the terms of the Commitment Letter and Loan Documents.

(3) Loans shall be repaid with the sooner of the first available funding sources and otherwise in accordance with the Application, the proposed repayment plans, and within the specified term of the loan.

(4) Due to the limited amount of Funds available, the Department discourages any Loan term extensions. The Department may extend the term of a Loan at its sole discretion and subject to such additional conditions and charges as it determines to be appropriate.

(5) All conditions contained in the Commitment and Loan Documents shall be timely fulfilled by the Borrower to the satisfaction of the Department.

(6) The Borrower shall repay the Loan within the terms of the Commitment Letter and applicable Loan Documents.

(7) The Loan shall not be transferred to another party or assumed by another party unless approved in writing by the Department prior to the change.

History

Statutory/Other Authority: ORS 183.341, 456.555(2) & 456.625(12)
Statutes/Other Implemented: ORS 456.561, 456.574, 456.620 & 456.625
OHCS 54-2024, amend filed 12/30/2024, effective 01/01/2025
OHCS 24-2024, temporary amend filed 07/31/2024, effective 08/01/2024 through 01/27/2025
OHCS 12-2007, f. & cert. ef. 5-10-07

Or. Admin. R. 813-038-0030 Application Criteria

(1) An Eligible Borrower shall provide a complete Program application in the form and content satisfactory to the Department.

(2) The Program application shall include, but is not limited to, the following:

(a) All relevant contact and identifying information requested pertaining to Applicant and Project;

(b) The Predevelopment Loan amount requested;

(c) A list itemizing the proposed uses and associated Eligible Uses for the Loan proceeds, as well as written explanation of how those Eligible Uses relate to the Project achieving the OHCS readiness standard;

(d) A written description of the proposed Eligible Project including, but not limited to, the development timelines, number of units proposed, current plans for unit mix, proposed rents, site location and proposed amenities;

(e) All Project information pertaining to the site and development status requested, if completed, and a status and plan for how it will be accomplished if not completed, including if these loan proceeds will support achieving that;

(f) A high level proforma of the proposed funding sources, acquisition, construction, and soft costs, and unit mix of bedroom sizes and rent restrictions;

(g) Identification of the Eligible Borrower and their development team’s experience in and capacity for developing and operating similar housing projects;

(h) A completed OHCS Predevelopment Loan Budget Form; and

(i) Such other documents and information as the Department may require.

(3) In evaluating whether or not to provide a Loan, the Department may consider factors including, but not limited to:

(a) The economic and financial feasibility of the Eligible Project;

(b) Other program or external funds the Eligible Project is leveraging for predevelopment;

(d) The location and need for the Eligible Project;

(e) The availability of Department Funds;

(f) The Department’s experience with and/or the reputation, experience and capacity of the Borrower, including any of its agents, representatives, employees or contractors;

(g) The amount, quality, and duration of suitable affordable housing to be provided or enabled by the proposed Eligible Project;

(h) The mix of affordable housing units to be provided or enabled; and

(i) Any other information obtained by or made available to the Department.

History

Statutory/Other Authority: ORS 183.341, 456.555(2) & 456.625(12)
Statutes/Other Implemented: ORS 456.561, 456.574, 456.620 & 456.625
OHCS 54-2024, amend filed 12/30/2024, effective 01/01/2025
OHCS 24-2024, temporary amend filed 07/31/2024, effective 08/01/2024 through 01/27/2025
OHCS 12-2007, f. & cert. ef. 5-10-07

Or. Admin. R. 813-038-0035 Fees

(1) A non-refundable Application charge, as specified from time to time by the Department, is due and payable by the Eligible Borrower upon submission of the Application.

(2) A non-refundable loan processing charge, as specified from time to time by the Department is due and payable by the Eligible Borrower upon the sooner of the closing of the Loan or 90 days after the Borrower’s acceptance of the Commitment.

(3) If the Borrower determines the need for an extension of the Loan, it must request and justify the extension to the Department in writing in advance of the loan maturity date.

(4) Should the Department determine, in its sole discretion, that an extension of the loan term is warranted, the Department may grant the extension subject to such additional conditions and an extension charges as it deems appropriate.

History

Statutory/Other Authority: ORS 183.341, 456.555(2) & 456.625(12)
Statutes/Other Implemented: ORS 456.561, 456.574, 456.620 & 456.625
OHCS 54-2024, amend filed 12/30/2024, effective 01/01/2025
OHCS 24-2024, temporary amend filed 07/31/2024, effective 08/01/2024 through 01/27/2025
OHCS 12-2007, f. & cert. ef. 5-10-07

Or. Admin. R. 813-038-0040 Waiver

Subject to applicable law, the Department may waive or modify any requirements of OAR 813, division 038, as it deems appropriate for the public interest.

History

Statutory/Other Authority: ORS 183.341, 456.555(2) & 456.625(12)
Statutes/Other Implemented: ORS 456.561, 456.574, 456.620 & 456.625
OHCS 54-2024, amend filed 12/30/2024, effective 01/01/2025
OHCS 24-2024, temporary amend filed 07/31/2024, effective 08/01/2024 through 01/27/2025
OHCS 12-2007, f. & cert. ef. 5-10-07

Division 39 FARMWORKER HOUSING DEVELOPMENT ACCOUNT

Or. Admin. R. 813-039-0005 General Purpose

OAR 813, division 039, is promulgated to accomplish the general purposes of ORS 458.600 to 458.660, and more specifically, 458.620(1), (2), and (3)(d) and 458.660. 458.620(1), among other things, establishes the Farmworker Housing Development Account as part of the Oregon Housing Fund. ORS 458.660 authorizes the Department to disburse moneys in the Farmworker Housing Development Account to expand the state’s supply of housing for low and very low income Farmworkers.

History

Statutory/Other Authority: ORS 456.515, 456.547, 456.550, 456.555, 456.559, 456.571, 456.625, 458.620 & 458.660
Statutes/Other Implemented: ORS 456.555, 456.625, 458.620 & 458.660
OHCS 13-2002, f. & cert. ef. 10-10-02

Or. Admin. R. 813-039-0010 Definitions

As used in these rules, unless the context indicates otherwise:

(1) "Account" means the Farmworker Housing Development Account established in ORS 458.620(1).

(2) "Application" means the application form(s) and other information required by the Department to initiate a request for moneys from the Account by a Sponsor to finance a specific Project.

(3) "Approve" or "Approval" means the Department, having considered the information provided in a particular Application, together with such other information as the Department considered necessary or appropriate, has reached a preliminary decision that the Application is adequate for review and that the Project described therein is appropriate for funding from the Account and, having obtained Council consent as necessary, has communicated a written offer to the Sponsor to fund the Project as conditioned by the Department, the Council, these rules, ORS 458.600 through 458.660, and other applicable law.

(4) "Council" means the Housing Stability Council established in ORS 456.567.

(5) "Department" means the Housing and Community Services Department established in ORS 456.555.

(6) "Farmworker" means any person working in connection with cultivating the soil, raising or harvesting any agricultural or aquacultural commodity; or in catching, netting, handling, planting, drying, grading, storing, or preserving in its unmanufactured state any agriculture or aquaculture commodity; or delivering to storage, market, or a carrier for transportation to market or to processing any agriculture or aquaculture commodity; or in the forestation or reforestation of land, including but not limited to, the planting, transportation, tubing, precommercial thinning of trees and seedlings, the clearing, pulling and disposal of brush and slash and other related activities; or as otherwise determined by the Department in the exercise of its authority.

(7) "Project" means a particular development of Farmworker housing, including but not limited to the construction, acquisition or rehabilitation of such housing, or other efforts that facilitate the expansion of the supply of Farmworker housing, in whole or in part, as further detailed in these rules.

(8) "Sponsor" means nonprofit and for-profit corporations or other business entities or individuals authorized to conduct business in the State of Oregon, state and local government entities and housing authorities in Oregon who make Application to finance a Project, in whole or in part, from the Account.

History

Statutory/Other Authority: ORS 456.515, 456.547, 456.550, 456.555, 456.559, 456.571, 456.625, 458.620 & 458.660
Statutes/Other Implemented: ORS 456.555, 456.625, 458.620 & 458.660
OHCS 13-2002, f. & cert. ef. 10-10-02

Or. Admin. R. 813-039-0015 Eligibility

(1) Sponsors must demonstrate to the Department’s satisfaction that a proposed Project will expand the state’s supply of housing for low and/or very low income Farmworkers. To expand the state’s supply of such housing means increasing the amount of qualifying residential housing or extending the use as qualifying residential housing of units or structures that otherwise would be lost for that purpose because of deteriorating habitability or other circumstances. The Department, in ascertaining the efficacy of a proposed Project to expand the state’s supply of such housing, may consider factors including, but not limited to the following:

(a) The likelihood of the Project resulting in expanded housing for low or very low income Farmworkers;

(b) The likelihood of the Project developing increased capacity in Oregon communities to create and operate additional qualifying housing;

(d) The quality of the intended housing;

(e) The duration of such housing and any assurances of same;

(f) The quantity of the intended housing;

(g) The amount of requested Account assistance; and

(h) The location and demand for the intended housing.

(2) Assistance from the Account normally is available to Sponsors only for the following purposes:

(a) To acquire or lease land;

(b) To construct new or to acquire and/or rehabilitate existing structures for housing low and/or very low income Farmworkers;

(c) To match public or private moneys available from other sources for the purposes of developing appropriate Farmworker housing;

(d) To provide training and technical assistance that in the Department’s judgment will promote the development of appropriate Farmworker housing; and

(e) To assist with operational costs or with the provision of services as a last resort to prevent the loss of existing housing for low and very low income Farmworkers.

(3) The Department may further restrict or expand the purposes for which Account assistance may be used with respect to a particular Project.

(4) Sponsors must demonstrate to the Department’s satisfaction that they have the capacity, experience and dedication to utilize properly any assistance from the Account for its intended purposes. The Department, in ascertaining whether or not a particular Sponsor has such capacity, experience and dedication, may consider factors including, but not limited to the following:

(a) The number of personnel and depth of other resources available to the Sponsor for the Project;

(b) The training and other qualifications of such personnel and the quality and relevance of other resources;

(d) The reputation and standing of the Sponsor, and any of its personnel, among knowledgeable parties;

(e) The experience of the Sponsor in developing or operating similar Projects;

(f) The experience of the Sponsor in developing or operating low-income housing generally;

(g) The Department’s past experience with the Sponsor or any of its personnel;

(h) The Sponsor’s involvement in other housing and community services projects or programs; and

(i) The Sponsor’s cooperation with the Department in the Application process or otherwise.

History

Statutory/Other Authority: ORS 456.515, 456.547, 456.550, 456.555, 456.559, 456.571, 456.625, 458.620 & 458.660
Statutes/Other Implemented: ORS 456.555, 456.625, 458.620 & 458.660
OHCS 13-2002, f. & cert. ef. 10-10-02

Or. Admin. R. 813-039-0020 Application Process

(1) The Department may from time to time solicit Applications and may, in its sole discretion, consider for funding only Projects identified in Applications received in response to such solicitations. The Department, in its sole discretion, also may fund Projects on its own initiate or consider for funding Projects identified in Applications not received in response to a Department solicitation.

(2) All Applications for assistance from the Account shall be in writing to the Department, and shall contain at a minimum the following information:

(a) The name, address, and telephone number of the Sponsor, together with a contact person;

(b) The amount and type of Account assistance requested;

(c) A description of the Project for which Account assistance is requested, including the purpose of the Project, its location, its owner(s) and ownership structure, its total cost, its funding sources, the type of housing or program involved, the number of low and very low income Farmworker housing units to be provided, the number of Farmworkers to be housed, the duration of such housing, the management plan for such housing, and the willingness to execute and record restrictive covenants to ensure continued availability of such housing;

(d) A description of how the Account assistance will be used with respect to the Project, including how such assistance will be leveraged and secured, if applicable; and

(e) An estimate of the time period from start to completion of the Project.

(3) The Department will not Approve Project requests in excess of Account funds then currently available. The Department, in its sole discretion, may determine the amount of available Account funds to be disbursed at any particular time. Notwithstanding any such determination, the Department shall not be obligated to Approve Projects sufficient to disburse fully such available funds. Within such discretion, and its discretion to consider or to initiate Applications, the Department will Approve those eligible Projects from eligible Sponsors requesting eligible assistance that, in its judgment, best achieve the purposes of ORS 458.660, these rules, and other applicable law, including orders of the Department.

(4) An Application may be obtained by contacting the Department at: Oregon Housing and Community Services, Farmworker Housing Development Account, PO Box 14508, Salem, OR 97309-0409.

History

Statutory/Other Authority: ORS 456.515, 456.547, 456.550, 456.555, 456.559, 456.571, 456.625, 458.620 & 458.660
Statutes/Other Implemented: ORS 456.555, 456.625, 458.620 & 458.660
OHCS 13-2002, f. & cert. ef. 10-10-02

Or. Admin. R. 813-039-0025 Application Review

(1) In reviewing Applications for Approval, the Department and the Council, as appropriate, may consider factors including, but not limited to, the following:

(a) The Eligibility of Project, Sponsor and requested assistance;

(b) The amount, type, source, timing of and restrictions on any leverage funding or other assistance available for the Project;

(d) The willingness of Sponsor to execute and record restrictive covenants and other instruments ensuring ongoing availability of the low and/or very low income Farmworker housing;

(e) The amount of available funds in the Account;

(f) The involvement of federal, state or local government agencies, nonprofit housing or social service agencies, or other beneficial parties;

(g) The geographic area and need affected;

(h) The number, type and duration of housing units to be provided or preserved and number of Farmworkers to be housed;

(i) The social services to be provided or needed with respect to the housing, if appropriate; and

(j) The impacts of the Project on the local community;

(k) Local opinion regarding the Project;

(l) The feasibility of the Project; and

(m) The Administrative costs and/or responsibilities imposed on the Department in connection with the assistance provided.

(2) For Project assistance from the Account less than $100,000, the Department may initiate or consider Applications and Approve or not such Projects as it, in its sole discretion deems appropriate. The Department may alter proposed Projects and place such conditions upon its Approval as it deems appropriate or as required by these rules or applicable law. The Department also may stay consideration of any Application pending further investigation or return any Application to its Sponsor for additional information or for required corrections or changes.

(3) For Project assistance from the Account equal to or greater than $100,000, the Department will initiate or consider Applications and Approve or not such Projects as it deems appropriate with the consent of the Council. The Department or Council may alter proposed Projects or place such conditions upon the Department’s Approval as either deems appropriate or as required by these rules or applicable law. The Department or Council also may stay consideration of any Application pending further investigation or return any Application to its Sponsor for additional information or for required corrections or changes.

History

Statutory/Other Authority: ORS 456.515, 456.547, 456.550, 456.555, 456.559, 456.571, 456.625, 458.620 & 458.660
Statutes/Other Implemented: ORS 456.555, 456.625, 458.620 & 458.660
OHCS 13-2002, f. & cert. ef. 10-10-02

Or. Admin. R. 813-039-0030 Form of Assistance

(1) The Department will confirm in its Approval to the Sponsor the type of assistance, if any, to be provided from the Account for the Project. Assistance may be provided as a loan, a grant, a combination of a loan and grant, or in such other form as determined by the Department.

(2) The Department, inter alia, may require the Sponsor to execute such documents as the Department considers appropriate or necessary, in its sole discretion, to evidence the type and amount of assistance provided, and any terms and conditions required by the Department or Council in connection with such assistance.

(3) If any term or condition in the Approval of Account assistance, or in the documents related thereto, is not timely performed by Sponsor — or upon the discovery by the Department of any misrepresentation or omission of a material fact by the Sponsor — the Department may immediately revoke its Approval, require repayment of all or any portion of Account assistance previously advanced, if any, and effect any other remedy available to it at law or otherwise.

History

Statutory/Other Authority: ORS 456.515, 456.547, 456.550, 456.555, 456.559, 456.571, 456.625, 458.620 & 458.660
Statutes/Other Implemented: ORS 456.555, 456.625, 458.620 & 458.660
OHCS 13-2002, f. & cert. ef. 10-10-02

Or. Admin. R. 813-039-0040 Waiver

The Department may waive or modify any requirements of OAR 813, division 039, unless such waiver or modification would violate applicable federal or state statutes or regulations.

History

Statutory/Other Authority: ORS 456.515, 456.547, 456.550, 456.555, 456.559, 456.571, 456.625, 458.620 & 458.660
Statutes/Other Implemented: ORS 456.555, 456.625, 458.620 & 458.660
OHCS 13-2002, f. & cert. ef. 10-10-02

Division 40 SEED MONEY ADVANCE PROGRAM

Or. Admin. R. 813-040-0005 General Purpose

The rules of OAR 813, division 40 are established to administer ORS 456.515 through 456.720, specifically 456.550, 456.559, 456.574 and 456.710, which authorize the Housing and Community Services Department to provide non interest-bearing and interest-bearing advances to housing sponsors to stimulate the production of housing for persons and families of lower income in the State of Oregon. These advances will be called Seed Money Advances and will be used only to cover predevelopment costs.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.550, 456.559, 456.574 & 456.710
OHCS 18-2006, f. & cert. ef. 10-3-06
OHCS 6-2006(Temp), f. & cert. ef. 4-13-06 thru 10-9-06
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 12-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
1HD 15-1984, f. & ef. 9-4-84
1HD 5-1982, f. & ef. 6-28-82
1HD 10-1981(Temp), f. & ef. 8-27-81

Or. Admin. R. 813-040-0010 Definitions

(1) The meanings of words and terms used in OAR 813, division 040, are consistent with definitions in the Act, and as provided in OAR 813-005-0005 and herein. As used in these rules, unless otherwise indicated by the context:

(2) "Approval Letter" means a letter from the Department to the proposed prospective Borrower or Sponsor which provides notification of the Department's approval of the Seed Money Advance. The letter also requires the prospective Borrower’s agreement to repay the Seed Money Advance at the time of land acquisition or with the first construction draw, but no later than permanent loan closing.

(3) "Borrower" means, subject to the approval of the Department, a Person, including a Qualified Housing Sponsor, who satisfies the legal, financial and credit criteria as set forth in the applicable Program rules, and who has received a Program Loan.

(4) "Nonprofit Borrower" means, subject to the approval of the Department, a Qualified Housing Sponsor who is a non-profit housing corporation, a housing authority created by ORS 456.075, an urban renewal department created by 457.035, and any city or county governing body or department or department designated by the governing body, who satisfies the legal, financial and credit criteria as set forth in the applicable Program rules, and who has received a Program Loan.

(5) "Predevelopment Costs" means expenses for architectural design, legal fees, survey and soils boring, appraisal, consultant fees, land option carrying charges, land acquisition costs, federal or state application fees or other recoverable development costs approved by the Department.

(6) "Proposal" means an application or other documentation submitted to the Department which describes the proposed housing Project and provides information which enables the Department to assess the probability of the Seed Money Advance being repaid.

(7) "Seed Money Advance Agreement" means the agreement between the Department and a Qualified Nonprofit Borrower or other Borrower which establishes the terms, conditions and procedures governing the Seed Money Advance.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.550, 456.559, 456.574 & 456.710
OHCS 18-2006, f. & cert. ef. 10-3-06
OHCS 6-2006(Temp), f. & cert. ef. 4-13-06 thru 10-9-06
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 12-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 8-1987, f. & ef. 3-10-87
1HD 15-1984, f. & ef. 9-4-84
1HD 5-1982, f. & ef. 6-28-82
1HD 10-1981(Temp), f. & ef. 8-27-81

Or. Admin. R. 813-040-0015 Eligibility for the Seed Money Advance

The prospective Nonprofit Borrower or other Borrower will demonstrate the need of a Seed Money Advance to pay Predevelopment Costs as set forth in the Proposal and will satisfy the standards of the Department for financial responsibility and stability.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.550, 456.559, 456.574 & 456.710
OHCS 18-2006, f. & cert. ef. 10-3-06
OHCS 6-2006(Temp), f. & cert. ef. 4-13-06 thru 10-9-06
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 12-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 8-1987, f. & ef. 3-10-87
1HD 15-1984, f. & ef. 9-4-84
1HD 5-1982, f. & ef. 6-28-82
1HD 10-1981(Temp), f. & ef. 8-27-81

Or. Admin. R. 813-040-0020 Limitation on Size of Advance; Source of Funds

(1) The Seed Money Advance amount shall not exceed $40,000. Seed Money Advances shall be made from the Department's Revolving Account in the General Fund of the State Treasury, subject to the availability of funds and limitations otherwise prescribed by law.

(2) Requests for Seed Money Advance Loan funds for market-studies will not exceed $7,500.

(3) The Department shall charge no interest on a Seed Money Advance provided Nonprofit Borrowers.

(4) Interest on a Seed Money Advance provided to other Borrowers shall be determined by the Department at 50 percent of the set prime lending rate established by New York commercial banks and in effect at the time the Advance is made.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.550, 456.559, 456.574 & 456.710
OHCS 18-2006, f. & cert. ef. 10-3-06
OHCS 6-2006(Temp), f. & cert. ef. 4-13-06 thru 10-9-06
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 12-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 8-1987, f. & ef. 3-10-87
1HD 15-1984, f. & ef. 9-4-84
1HD 5-1982, f. & ef. 6-28-82
1HD 10-1981(Temp), f. & ef. 8-27-81

Or. Admin. R. 813-040-0025 Application Procedure

(1) The prospective Borrower or Nonprofit Borrower may submit to the Department the following:

(a) An Proposal for Seed Money Advance in form prescribed by the Department;

(b) Articles of incorporation, bylaws and borrowing resolution of the corporation;

(d) Financial statements; and

(e) Statement describing the experience of the prospective Nonprofit Borrower or other prospective Borrower and its ability to develop the proposed project.

(2) The Department shall review the application materials, inspect the site and prepare a Proposal for approval, disapproval or other action at the next regularly scheduled meeting of the Council, where required by the Council or market study program. The applicant shall be informed of the Department's Proposal at least ten days before the Council meeting and shall be invited to appear personally. The Housing Stability Council shall approve or deny the Proposal or take any other appropriate action.

(3) An Application fee of $200 will be required for requests for market study funding.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.550, 456.559, 456.574 & 456.710
OHCS 18-2006, f. & cert. ef. 10-3-06
OHCS 6-2006(Temp), f. & cert. ef. 4-13-06 thru 10-9-06
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 12-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 8-1987, f. & ef. 3-10-87
1HD 15-1984, f. & ef. 9-4-84
1HD 5-1982, f. & ef. 6-28-82
1HD 10-1981(Temp), f. & ef. 8-27-81

Or. Admin. R. 813-040-0030 Approval and Closing

(1) Upon approval by the Council of the prospective Nonprofit Borrower’s or other prospective Borrower’s Proposal for the Seed Money Advance, except for the market study program, the Department shall issue a letter listing the documents that must be provided or executed by the prospective Nonprofit Borrower or other prospective Borrower. Funds shall be reserved for a maximum of one year, during which time the prospective Nonprofit Borrower or other prospective Borrower will provide the Department with copies of the documents listed in section (2) of this rule. If these documents are not received within one year, the prospective Nonprofit Borrower or other prospective Borrower may be required to submit a new Proposal. If a written request for an extension is submitted to and approved by the Department before the expiration date of the approval letter, the prospective Nonprofit Borrower or other prospective Borrower shall not be required to submit a new Proposal.

(2) The Seed Money Advance Approval Letter may be subject to the following documents executed or provided by the prospective Nonprofit Borrower or other prospective Borrower:

(a) Seed Money Advance Agreement;

(b) Note (noninterest-bearing) for the Nonprofit Borrower and interest-bearing for other Borrowers in the amount of the Seed Money Advance; and

(3) If the applicant holds title to the Project site, the following additional items shall be required:

(a) If the site is being used as security, a mortgage or trust deed showing the Department as mortgagee or beneficiary;

(b) A title insurance policy in the amount of the Seed Money Advance issued by an approved title company in a form acceptable to the Department and in favor of the Department;

(c) An insurance policy naming the Department as a loss payee, with comprehensive general liability coverage in the amount of $100,000 single injury and $500,000 in the aggregate; and

(d) Other documents unique to the Proposal or required by the Department.

(4) Upon receipt of the documents, the Department may disburse the Seed Money Advance.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.550, 456.559, 456.574 & 456.710
OHCS 18-2006, f. & cert. ef. 10-3-06
OHCS 6-2006(Temp), f. & cert. ef. 4-13-06 thru 10-9-06
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 12-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 8-1987, f. & ef. 3-10-87
1HD 15-1984, f. & ef. 9-4-84
1HD 5-1982, f. & ef. 6-28-82
1HD 10-1981(Temp), f. & ef. 8-27-81

Or. Admin. R. 813-040-0035 Distribution of Funds

(1) Once the Department has received satisfactory security, which may include but is not limited to an assignment of a mortgage or trust deed, the Department may disburse funds. The Nonprofit Borrower, or other Borrower, shall submit any invoices or paid receipts for Predevelopment Costs as stated in the Proposal to the Department each month with a progress report.

(2) For market study requests, the Department may waive the requirement for security at its sole discretion.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.550, 456.559, 456.574 & 456.710
OHCS 18-2006, f. & cert. ef. 10-3-06
OHCS 6-2006(Temp), f. & cert. ef. 4-13-06 thru 10-9-06
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 12-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 8-1987, f. & ef. 3-10-87
1HD 15-1984, f. & ef. 9-4-84
1HD 5-1982, f. & ef. 6-28-82
1HD 10-1981(Temp), f. & ef. 8-27-81

Or. Admin. R. 813-040-0040 Repayment

(1) The Seed Money Advance, plus a processing fee equal to two percent of the Seed Money Advance amount, shall be due and payable within two years from the date of the initial disbursement of the Seed Money Advance. The Nonprofit Borrower or other Borrower shall make repayment at the time of land acquisition, or from the initial draw against the construction loan but no later than permanent loan closing. If the initial draw of the construction loan or the proceeds from the permanent loan are not disbursed within the two year period, the Nonprofit Borrower or other Borrower shall make this known to the Department. The Department may require the Nonprofit Borrower or other Borrower to repay the Seed Money Advance in full on demand from other sources of funds. The term of the Seed Money Advance may be extended by the Department.

(2) The Nonprofit Borrower or Borrower shall report to the Department on the progress of the project and status of the permanent or construction loan at any time as required by the Department.

(3) Any amount of the Seed Money Advance remaining unpaid after the maturity date of the note shall be subject to a late fee of one and one-half percent (1-1/2%) of the unpaid balance for each month that the Seed Money Advance remains unpaid.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.550, 456.559, 456.574 & 456.710
OHCS 18-2006, f. & cert. ef. 10-3-06
OHCS 6-2006(Temp), f. & cert. ef. 4-13-06 thru 10-9-06
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 12-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 8-1987, f. & ef. 3-10-87
1HD 15-1984, f. & ef. 9-4-84
1HD 5-1982, f. & ef. 6-28-82
1HD 10-1981(Temp), f. & ef. 8-27-81

Or. Admin. R. 813-040-0045 Waiver

The Department may, with the concurrence of the Council, waive or modify any requirement of these Seed Money Advance Program rules, unless such waiver or modification would violate applicable statutes.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.550, 456.559, 456.574 & 456.710
OHCS 18-2006, f. & cert. ef. 10-3-06
OHCS 6-2006(Temp), f. & cert. ef. 4-13-06 thru 10-9-06
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 12-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
1HD 15-1984, f. & ef. 9-4-84
1HD 5-1982, f. & ef. 6-28-82

Or. Admin. R. 813-040-0050 Equal Opportunity

No person receiving a Seed Money Advance under these rules shall make any distinction, discrimination, or restriction against any purchaser, occupant lessee, or prospective purchaser, occupant or lessee, relating to the sale, rental, lease or occupancy of real property, because of race, color, creed, sex, marital status or national origin.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.550, 456.559, 456.574 & 456.710
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 8-1987, f. & ef. 3-10-87
1HD 15-1984, f. & ef. 9-4-84
1HD 5-1982, f. & ef. 6-28-82

Division 41 AGRICULTURE WORKFORCE HOUSING TAX CREDIT PROGRAM

Or. Admin. R. 813-041-0000 Purpose

OAR 813 Division 41 accomplishes the general purposes of ORS 315.163 to 315.171 and describes the Agriculture Workforce Housing Tax Credit (AWHTC) Program. The purpose of the program is to encourage the rehabilitation of existing housing and the construction or placement of additional housing for agricultural workers, retired and disabled agricultural workers, and their immediate families.

History

Statutory/Other Authority: ORS 315.167 - 315.171 & 458.650
Statutes/Other Implemented: ORS 315.167
OHCS 28-2024, amend filed 08/27/2024, effective 09/02/2024
OHCS 19-2024, temporary amend filed 05/31/2024, effective 05/31/2024 through 11/26/2024
OHCS 23-2020, amend filed 12/18/2020, effective 12/18/2020
OHCS 33-2014, f. & cert. ef. 10-9-14
OHCS 6-2010, f. & cert. ef. 6-10-10
OHCS 3-2009(Temp), f. & cert. ef. 12-15-09 thru 6-12-10
OHCS 8-2002, f. & cert. ef. 6-6-02
OHCS 1-2002(Temp), f. & cert. ef. 3-15-02 thru 6-10-02
OHCS 7-2001(Temp), f. & cert. ef. 12-13-01 thru 6-10-02

Or. Admin. R. 813-041-0006 Definitions

Terms used throughout OAR chapter 813, division 041 may be defined in Oregon Revised Statute (ORS or statute), or in the Affordable Rental Housing Division Definitions (OAR 813-002-0010), or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions except as defined below. All words and terms used in OAR chapter 813, division 041 are as provided in statute, OAR 813-005-0005, or herein. As used in these rules:

(1) “Construction costs” means expenses incurred creating or making a new structure; or altering, partially constructing, or repairing an existing structure. Construction costs include:

(a) “Excavation costs” means expenses incurred in physically preparing a site for construction;

(b) “Installation costs” means expenses incurred installing different systems, fixtures, and parts of the finished building including but not limited to plumbing, electrical, HVAC, windows, exterior sheathing, countertops, flooring, and interior trim and molding;

(2) “Finance costs” means expenses incurred obtaining capital funds or credit for the project including interest charges and fees.

(3) “Immediate family” means those persons the agricultural worker, including retired and disabled agricultural workers, considers their immediate family, and can include domestic partners, parents, and children whether biological, adoptive, or fostered.

(4) “Land costs” means expenses incurred acquiring the building site, excluding the costs of any preexisting structures or improvements.

(5) “Letter of Credit Approval” or “LOCA” means the OHCS-issued letter that grants the recipient of AWHTC Program credits the permission to use AWHTC to reduce their income tax burden as provided in statute.

History

Statutory/Other Authority: ORS 315.163 - 315.171
Statutes/Other Implemented: ORS 315.163
OHCS 28-2024, amend filed 08/27/2024, effective 09/02/2024
OHCS 19-2024, temporary amend filed 05/31/2024, effective 05/31/2024 through 11/26/2024
OHCS 23-2020, amend filed 12/18/2020, effective 12/18/2020
OHCS 33-2014, f. & cert. ef. 10-9-14

Or. Admin. R. 813-041-0010 Program Description and Application Requirements

(1) OHCS may allot AWHTC Program credits on an annual basis or on a biennial basis. Credits and awards of these credits are identified by the year OHCS makes reserves the credits for allocation.

(2) A taxpayer or a contributor may obtain a Letter of Credit Approval (LOCA) from OHCS for the purpose of claiming an AWHTC Program credit by submitting an application and meeting the requirements described in OAR 813-041-0025.

(3) The application must be submitted on the application form furnished or required by OHCS and must comply with all requirements established by OHCS.

(4) To apply for the AWHTC Program credit for a specific year, a taxpayer or a contributor must file the application in a manner consistent with this section.

(5) A taxpayer or a contributor is responsible for being informed of current application requirements for the program, including but not limited to information as provided by OHCS through its applicable solicitation for applications.

(6) An application for AWHTC Program Credits for Community-Based projects must be submitted through the Oregon Centralized Application (ORCA) process.

(7) Twenty percent of the total available biennial allocation of AWHTC Program Credits will be set aside for the acquisition, construction, installation, or rehabilitation of On-Farm housing units.

(a) The On-Farm Set-Aside will be available for application on an annual basis,

(b) This set-aside will be available to operators of agricultural enterprises to acquire, construct, install, or rehabilitate housing for agricultural workers who are employed on land zoned for agricultural use.

(c) This set-aside will remain in place until the entire amount has been allocated or until September of that year's On-Farm Set-Aside AWHTC Program credit allocation.

(8) An application for the On-Farm Set-Aside is filed with OHCS:

(a) Upon receipt by OHCS staff if the application is mailed;

(b) As of the date received when submitted electronically, provided the application charge is received by the date specified by OHCS.

History

Statutory/Other Authority: ORS 315.167 - 315.171 & 458.650
Statutes/Other Implemented: ORS 315.167
OHCS 28-2024, amend filed 08/27/2024, effective 09/02/2024
OHCS 19-2024, temporary amend filed 05/31/2024, effective 05/31/2024 through 11/26/2024
OHCS 23-2020, amend filed 12/18/2020, effective 12/18/2020
OHCS 33-2014, f. & cert. ef. 10-9-14
OHCS 6-2010, f. & cert. ef. 6-10-10
OHCS 3-2009(Temp), f. & cert. ef. 12-15-09 thru 6-12-10
OHCS 8-2002, f. & cert. ef. 6-6-02
OHCS 1-2002(Temp), f. & cert. ef. 3-15-02 thru 6-10-02
OHCS 7-2001(Temp), f. & cert. ef. 12-13-01 thru 6-10-02

Or. Admin. R. 813-041-0015 Evaluation of Applications.

(1) OHCS’s evaluation and approval of an application is subject to the terms of the applicable solicitation, the provisions of this rule, other applicable law, and the biennial limitation on the total of estimated eligible costs for all approved projects for the calendar year established under ORS 315.171.

(2) For Community-Based projects, the application review process will be through the ORCA.

(3) For On-Farm Set-Aside projects, the application review process will be on a First-Come, First-Reviewed process.

(4) Applications are subject to evaluation by OHCS according to criteria that include the following minimum requirements:

(a) Completeness, level of detail, and accuracy of the information included in the application;

(b) The qualifying status of the taxpayer/contributor and of the proposed project;

(c) The viability of the project, including as reflected in the estimated eligible costs and other support funding as appropriately documented;

(d) The number of units reserved for Agricultural workers and their families, and

(e) Such other criteria established by OHCS, including but not limited to those described in the applicable solicitation.

(5) Community-based applications will also be evaluated for their plans to affirmatively further fair housing laws.

(6) An application is subject to one or more of the following actions by OHCS:

(a) An application determined by OHCS in the evaluation process not to include specific or substantial information about the project or to be incomplete or inaccurate in any respect may be declined by OHCS and returned to the taxpayer as not qualifying for further evaluation;

(b) OHCS may issue a request to the applicant to provide or correct any information OCHS deems missing, inaccurate, or inadequate in the application.

(i) On-Farm applicants will have 15 days to answer OHCS’s request for information. If the supplemental information is submitted after this deadline or deemed inadequate by OHCS, the application will be declined by OHCS and will not be eligible for a reservation of AWHTC Program credits;

(ii) Community-Based applicants will follow the procedures laid out in the ORCA process for correcting or updating any information OHCS deems missing, inaccurate, or inadequate.

(c) Acceptance of the application and resulting issuance of a reservation of AWHTC Program credits pending further action by applicant as laid out in the reservation letter. The reservation amount cannot exceed fifty percent of eligible costs as indicated in the application; or

(d) Acceptance of the application and resulting issuance of a standby notice per OAR 813-041-0020.

(7) Factors that OHCS may consider in prioritizing one application over others may include, but are not limited to:

(a) The quality of the application when compared to the other applications submitted and received by OHCS;

(b) The location of the project;

(d) The particulars of the appraisal of the project;

(e) Whether or not the project meets all applicable state and local land use and zoning requirements, housing codes and similar requirements;

(f) The quality of the housing over and above the factors listed in OAR 813-041-0015 (7) (e);

(g) Whether or not the project meets all other applicable laws and program requirements;

(h) The target population to be served;

(i) The availability and sustainability of related tenant services;

(j) The extent and duration of affordability to be provided;

(k) the quality of their fair housing plan if Community-based, and

(l) OHCS’s experience with the project sponsor and its agents, representatives, employees, and contractors.

(8) Applicants who have received a LOCA in a previous year’s allotment may not apply for AWHTC Program credits for the same project for a period of ten (10) years unless they apply for and are granted a waiver in writing by OHCS.

(9) Applicants who received a partial award in the latest allotment of AWHTC Program credits may apply for full funding in the next year’s allotment without seeking a waiver.

History

Statutory/Other Authority: ORS 315.167 315.171 & 458.650
Statutes/Other Implemented: ORS 315.167
OHCS 28-2024, amend filed 08/27/2024, effective 09/02/2024
OHCS 19-2024, temporary amend filed 05/31/2024, effective 05/31/2024 through 11/26/2024
OHCS 23-2020, amend filed 12/18/2020, effective 12/18/2020
OHCS 33-2014, f. & cert. ef. 10-9-14
OHCS 6-2010, f. & cert. ef. 6-10-10
OHCS 3-2009(Temp), f. & cert. ef. 12-15-09 thru 6-12-10
OHCS 8-2002, f. & cert. ef. 6-6-02
OHCS 1-2002(Temp), f. & cert. ef. 3-15-02 thru 6-10-02
OHCS 7-2001(Temp), f. & cert. ef. 12-13-01 thru 6-10-02

Or. Admin. R. 813-041-0020 Standby Applications

(1) Qualifying applications not selected for a reservation of AWHTC Program credits in a particular year because the amount of available AWHTC Program credits has already been allocated will be put on a standby list for a potential allocation if any previously allocated AWHTC Program credits become available.

(2) If an application is declined by OHCS as not qualifying for further evaluation solely because the estimated eligible costs, when aggregated with the estimated eligible costs of all projects approved to that date for the calendar year, exceed the limitation on the total of estimated eligible costs under ORS 315.167, the applicant may:

(a) Request a reduction of the estimated eligible costs for the project to an amount that, when aggregated with the estimated eligible costs of all projects approved to that date for the calendar year, would not exceed the limitation; or

(b) Request that OHCS place the taxpayer on a standby list for future possible eligibility.

(3) Applications on a standby list under this rule will be held in such priority as OHCS determines to be appropriate considering factors including, but not limited to those listed in OAR 813-041-0015, above.

(4) OHCS may, at its discretion, select and process a standby application whenever OHCS determines that AWHTC Program credits are available for funding the application. The applicant may update the application as needed within the time provided by OHCS.

(5) All outstanding standby applications expire on December 31 of the calendar year of their filing.

History

Statutory/Other Authority: ORS 315.163 - 315.171 & 456.555
Statutes/Other Implemented: ORS 315.163 - 315.169
OHCS 28-2024, amend filed 08/27/2024, effective 09/02/2024
OHCS 19-2024, temporary amend filed 05/31/2024, effective 05/31/2024 through 11/26/2024
OHCS 23-2020, amend filed 12/18/2020, effective 12/18/2020
OHCS 33-2014, f. & cert. ef. 10-9-14
OHCS 16-2010, f. & cert. ef. 12-15-10
OHCS 8-2010(Temp), f. & cert. ef. 6-17-10 thru 12-13-10
OHCS 6-2010, f. & cert. ef. 6-10-10
OHCS 3-2009(Temp), f. & cert. ef. 12-15-09 thru 6-12-10
OHCS 8-2002, f. & cert. ef. 6-6-02
OHCS 1-2002(Temp), f. & cert. ef. 3-15-02 thru 6-10-02
OHCS 7-2001(Temp), f. & cert. ef. 12-13-01 thru 6-10-02

Or. Admin. R. 813-041-0026 Requirements for Obtaining a Letter of Credit Approval

(1) After issuance of a reservation letter for AWHTC Program credits and satisfactory completion of reservation requirements by applicant, OHCS will issue of a Letter of Credit Approval (LOCA). The LOCA amount cannot exceed fifty percent (50%) of final eligible costs of the project. If final eligible costs do not support the AWHTC Program credit amount in the reservation letter, the AWHTC Program credit award will be reduced from the amount requested to the minimum amount required to make the project financially viable (as determined by OHCS)

(2) OHCS will release a Letter of Credit Approval (LOCA) provided the taxpayer or contributor has met the following criteria:

(a) OHCS has issued a reservation of AWHTC;

(b) The local planning authority has issued a Certificate of Occupancy or similar official declaration that the project is ready for residents; and

History

Statutory/Other Authority: ORS 315.167 - 315.171 & 456.555
Statutes/Other Implemented: ORS 315.167
OHCS 28-2024, amend filed 08/27/2024, effective 09/02/2024
OHCS 19-2024, temporary amend filed 05/31/2024, effective 05/31/2024 through 11/26/2024
OHCS 23-2020, adopt filed 12/18/2020, effective 12/18/2020

Or. Admin. R. 813-041-0027 Charges, Annual Certification, and Compliance Monitoring

(1) OHCS may assess, and the assessed applicant or other applicable party will pay, such charges as OHCS determines appropriate for reviewing an application and for issuance of a LOCA.

(2) OHCS may assess, and the applicant, owner, operator, or other applicable party will pay, such charges as OHCS determines appropriate from time to time for its monitoring of the project for compliance with program requirements and/or enforcement of appropriate program compliance, including but not limited to:

(a) Meeting appropriate construction and maintenance standards, and

(b) Satisfying and documenting applicable affordability compliance.

(3) All recipients of AWHTC are required to fill out and submit an annual certification form provided by OHCS to certify that all units set aside for the exclusive use of agricultural workers continue to be inhabited by agricultural workers.

(4) If, after OHCS has issued the Letter of Credit Approval (LOCA) and during the 10-year compliance term, OHCS finds the project is out of compliance with any of the program requirements, OHCS may take one or more of the following actions:

(a) Notify Oregon Department of Revenue,

(b) Notify Oregon Occupational Safety and Health Administration,

(d) Suspend any remaining tax credits, or

(e) Revoke any remaining tax credits.

(5) All projects will need to further certify their continued compliance with state fair housing laws.

(6) The direct recipient of the tax credit may apply to OHCS for a waiver of the remaining compliance period after five years. Among the factors OHCS may consider in granting or denying a waiver are:

(a) They provide documentation, confirmed by OHCS, showing consistent compliance with program requirements for the preceding five-year period,

(b) They provide further documentation of a declining trend in the demand for agriculture workforce housing within a relevant area and evidence of the taxpayer or contributor’s inability to fill the agriculture workforce units despite reasonable efforts to do so,

(d) The condition of the agriculture workforce housing has degraded through no fault of the taxpayer or contributor.

History

Statutory/Other Authority: ORS 315-163 - 315.171
Statutes/Other Implemented: ORS 315.163 - 315.171
OHCS 28-2024, amend filed 08/27/2024, effective 09/02/2024
OHCS 19-2024, temporary amend filed 05/31/2024, effective 05/31/2024 through 11/26/2024
OHCS 23-2020, amend filed 12/18/2020, effective 12/18/2020
OHCS 33-2014, f. & cert. ef. 10-9-14
OHCS 6-2010, f. & cert. ef. 6-10-10
OHCS 3-2009(Temp), f. & cert. ef. 12-15-09 thru 6-12-10

Division 42 HOUSING DEVELOPMENT GRANT PROGRAM

Or. Admin. R. 813-042-0000 Purpose and Objectives

The rules of OAR chapter 813, division 42, are established to administer ORS 456.515 to 456.720 and 458.600 to 458.630, which authorize the Department to establish a program to expand the state’s supply of housing for low- and very-low-income families and individuals including, but not limited to, persons more than 65 years of age, disabled persons, farmworkers and Native Americans. These rules describe the Housing Development Grant Program and its objective to provide grants and/or low-interest loans to construct new housing or to acquire and/or rehabilitate existing structures for housing persons of low and/or very-low income.

History

Statutory/Other Authority: ORS 456.515 - 456.720 & 458.600 - 458.630
Statutes/Other Implemented: ORS 456.555
OHCS 7-2007, f. & cert. ef. 1-11-07
OHCS 14-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07

Or. Admin. R. 813-042-0010 Definitions

All terms are used in OAR 813, division 042, as defined in the Act and as provided in 813-005-0005 and herein. As used in these rules, unless the context indicates otherwise:

(1) "Account" means the Housing Development and Guarantee Account.

(2) "Consolidated Plan" means the plan approved by the U.S. Department of Housing and Urban Development (HUD) which describes the needs, resources, priorities and proposed activities to be undertaken with respect to HUD programs.

(3) "Council" means the State Housing Council established in ORS 456.567.

(4) "Department" means Oregon Housing and Community Services Department.

(5) "Disabled Person" means a person who has a physical or mental impairment that substantially limits one or more Major Life Activity.

(6) "In-Kind Contribution" means a supportive project contribution other than cash. In-Kind Contributions include, but are not limited to, office equipment, working space, office supplies, staff time, telephone, support staff time, auto use, donated project materials or labor, and nonBoard volunteer time.

(7) "Affordability Period" means the period during which a project assisted with HDGP funds must remain affordable to Low and Very Low Income residents. The period shall be at least 25 years from the date of the Project Use Agreement.

(8) “Low income” means individual or households whose income is at or above 50 percent and below 80 percent of the median family income for the area, subject to adjustment for areas with unusually high or low incomes or housing costs, all as determined by the Council based on information from the United States Department of Housing and Urban Development.

(9) "Major Life Activity" includes, but is not limited to, self-care, ambulation, communication, transportation, education, socialization, employment and ability to acquire, rent or maintain property.

(10) "Organization" means a:

(a) Nonprofit corporation established under ORS chapter 65;

(b) Housing authority established under ORS 456.055 to 456.230; or

(11) "Use Agreement" means the Project Use Agreement, which is a legal agreement between the grantee or borrower receiving Housing Development Grant Program funds and the Department.

(12) “Very low income” means individual or households whose income is at or below 50 percent of the median family income for the area, subject to adjustment for areas with unusually high or low incomes or housing costs, all as determined by the Council based on information from the United States Department of Housing and Urban Development.

History

Statutory/Other Authority: ORS 456.515 - 456.720 & 458.600 - 458.630
Statutes/Other Implemented: ORS 456.555
OHCS 8-2016, f. & cert. ef. 7-19-16
OHCS 7-2007, f. & cert. ef. 1-11-07
OHCS 14-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07

Or. Admin. R. 813-042-0020 Eligibility for Housing Development Grant Program Funds

The Department shall provide grants and/or loans from Account revenue subject to the availability of funds and limitations otherwise prescribed by law for any or all of the following purposes:

(1) To organizations and for-profit business entities to construct new housing or to acquire and/or rehabilitate existing structures for housing low- and/or very-low income households.

(2) To nonprofit organizations, as set forth in ORS 458.210 to 458.240 to provide technical assistance and/or predevelopment costs. Predevelopment costs include, but are not limited to, site acquisition, architectural services and project consultants. Predevelopment costs do not include costs described in subsection (3) of this rule.

(3) For costs to develop, nonprofit organizations that show sufficient evidence of having strong community support and a strong likelihood of producing low- and very-low income housing. No account funds shall be used by an organization for its general operations.

(4) To match public and private moneys available from other sources for the purposes of production of low- and very-low income housing.

History

Statutory/Other Authority: ORS 456.515 - 456.720
Statutes/Other Implemented: ORS 456.555
OHCS 7-2007, f. & cert. ef. 1-11-07
OHCS 14-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07

Or. Admin. R. 813-042-0030 Distribution of Funds

(1) The Department shall develop a distribution formula which takes into account the relative housing needs of regions in the state, and shall concentrate funds in those areas of the state with the greatest need for low- and very-low income housing as may be evidenced by factors including, but not limited to, the unmet housing need, extent of overcrowding or number of poverty households.

(2) The distribution formula shall provide for a minimum amount of funds to regions of the state. If there are not enough applications submitted from a particular region to use the minimum regional amount, the funds may be distributed to other regions.

History

Statutory/Other Authority: ORS 456.515 - 456.720 & 458.600 - 458.630
Statutes/Other Implemented: ORS 456.555
OHCS 2-2011, f. & cert. ef. 2-17-11
OHCS 12-2010(Temp), f. & cert. ef. 8-24-10 thru 2-18-11
OHCS 7-2007, f. & cert. ef. 1-11-07
OHCS 14-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07

Or. Admin. R. 813-042-0040 Application Procedure and Requirements

The Department may provide grant and/or loan funds subject to the availability of funds in the Program through a process which may include, but is not limited to, a first-come, first-reviewed or a competitive review process. The applicant shall submit, in an application form and process prescribed by the Department, project information which includes:

(1) A written description of the project including the number of units, unit mix, proposed rents, site location, the proposed program of services to occupants, project amenities, and any other information pertinent to the project;

(2) A statement of project purpose indicating the housing type and residents to be housed, and the length of time the units will be committed available for low- or very-low income households.

(3) A pro forma of project expenses and income;

(4) Requested amount of grant funds, or requested amount of loan funds including proposed terms of repayment.

(5) Total project development costs, including a description of all additional project funding and funding sources;

(6) A description of the sponsor/developer/owner/manager experience in developing and operating housing projects; and

(7) Such other documentation as the Department may require.

History

Statutory/Other Authority: ORS 456.515 - 456.720 & 458.600 - 458.630
Statutes/Other Implemented: ORS 456.555
OHCS 7-2007, f. & cert. ef. 1-11-07
OHCS 14-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07

Or. Admin. R. 813-042-0050 Criteria for Funding

(1) A project grant and/or loan shall be given preference based on:

(a) Providing the greatest number of low- and very-low income housing units for the least amount of Account funds expended or committed toward matching fund from other loans, grants or eligible In-Kind Contributions.

(b) Insuring the longest possible use as low- or very-low income housing units;

(c) Including a program of services for residents of proposed housing including, but not limited to, programs that address home health care, mental health services, alcohol and drug treatment and post-treatment care, child care and case management; and

(d) Other subordinate criteria as determined by the Department including, but not limited to, providing housing for specific populations which have historically faced barriers in finding housing, and which are identified as having a priority in the Consolidated Plan or its successor, or in a state-acknowledged initiative.

(2) Funding to a project shall be conditioned upon the continued use of the project for the targeted tenant group and provision of supportive services for the duration and to the extent indicated in the grant and/or loan application. The Department, at its discretion, may require repayment of the funding if all or part of the commitments to residents, supportive services, or period of use for low- or very-low income housing are withdrawn from the project.

(3) Terms and conditions of the award shall be established in a Project Use Agreement, remain affordable to low and very low income residents during the Affordability Period and be recorded against the property. Loan terms and conditions shall be established in an additional Promissory Note, Loan Agreement and secured by a Trust Deed.

(a) The Use Agreement, Trust Deed, Loan Agreement and Promissory Note must be executed and the Use Agreement with the Trust Deed must be recorded before funds are advanced, in whole or in part, unless the Applicant does not own the property at the time of fund disbursement.

(b) If the applicant does not own the property at the time of fund disbursement, the Applicant will be required to open an escrow account and have the Use Agreement with Trust Deed placed in escrow and recorded immediately upon obtaining title to the property.

(4) Loans disbursed from account investment revenue shall bear an interest rate equal to the interest rate paid on U.S. Treasury long-term obligations in effect on the date the loan is negotiated as identified by the Department.

(5) At least 75 percent of the revenue earned from investment of the principal in the Account in any calendar year shall be used to produce housing for very-low income persons, and no more than 25 percent of the revenue earned from investment of the principal in any calendar year shall be used to produce housing for low-income households.

History

Statutory/Other Authority: ORS 456.515 - 456.720 & 458.600 - 458.630
Statutes/Other Implemented: ORS 456.555
OHCS 7-2007, f. & cert. ef. 1-11-07
OHCS 14-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07

Or. Admin. R. 813-042-0060 Application Review

(1) For applications where the amount requested from the Program does not exceed $100,000, the Department shall consider the application and make application approval, deny application approval, or request additional information within the timeframe set forth in the application materials.

(2) For applications where the amount requested is in excess of $100,000, or for requests or applications that would result in a cumulative award of more than $100,000 to a project, the Department shall consider the proposal and approve, disapprove or request additional information within the timeframe set forth in the application materials. If the Department proposes to award more than $100,000 to a project, it shall submit the proposal to the Housing Stability Council for review. The Council shall approve or disapprove the application at a public hearing of the Council, pursuant to ORS 456.571(2).

(3) In reviewing applications for assistance, the Department and the Council, as appropriate, may consider, in addition to any special evaluation criteria, the following:

(a) Amount of available funds in the Program;

(b) Ability of the proposed project to meet proposed terms of loan repayment in cases where the awardee has requested funding as a loan;

(d) Applicant’s efforts to leverage public or private funds.

(4) The Department shall select those applications which, in the judgment of the Department, best achieve the purposes of the Program and any evaluation criteria outlined in the Program application forms and handbooks.

History

Statutory/Other Authority: ORS 456.515 - 456.720 & 458.600 - 458.630
Statutes/Other Implemented: ORS 456.555
OHCS 7-2007, f. & cert. ef. 1-11-07
OHCS 14-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07

Or. Admin. R. 813-042-0070 Charges

(1) The Department may require a non-refundable application charge from any applicant requesting Housing Development Guarantee Account funds through the Consolidated Funding Cycle, or otherwise.

(2) The Department may require a supplemental application charge from applicants requesting additional resources for projects that have already been funded by the Department.

(3) The Department may require a transfer application charge from owners of projects that receive grants, loans, or tax credits through the Department, who request the Department’s approval of a change in project ownership. The Department may assess a transfer review charge to project owners and transferees who effect a change in project ownership without prior written Department approval.

History

Statutory/Other Authority: ORS 456.515 - 456.720 & 458.600 - 458.630
Statutes/Other Implemented: ORS 456.555
OHCS 7-2007, f. & cert. ef. 1-11-07
OHCS 14-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07

Or. Admin. R. 813-042-0080 General Administrative and Monitoring Requirements

(1) The Department may perform such reviews or field inspections as it deems necessary to ensure Program compliance. The Department may require that a Recipient take such remedial actions as described in this rule and OAR 813-042-0090.

(2) Financial records, supporting documents, and all other pertinent records shall be retained by a HDGA Recipient for five years after the project is complete, or after any litigation or audit claim is resolved, whichever is later. The Department shall have access to all books, accounts, documents, records and other property belonging to or in use by the Recipient which relate to the use of HDGA funds.

History

Statutory/Other Authority: ORS 456.515 - 456.720 & 458.600 - 458.630
Statutes/Other Implemented: ORS 456.555
OHCS 7-2007, f. & cert. ef. 1-11-07
OHCS 14-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07

Or. Admin. R. 813-042-0090 Remedies for Noncompliance

At any time before the expiration of the Affordability Period, the Department may find that a Recipient is not in compliance with the requirements of the Program for reasons including but not limited to use of funds for activities not approved in the Use Agreement, failure to complete activities in a timely manner, failure to comply with applicable rules or regulations, or the lack of a continued capacity by the Recipient to carry out the approved activities. Remedies for noncompliance may include penalties imposed by the Department, including but not limited to, repayment of HDGA funds.

History

Statutory/Other Authority: ORS 456.515 - 456.720 & 458.600 - 458.630
Statutes/Other Implemented: ORS 456.555
OHCS 7-2007, f. & cert. ef. 1-11-07
OHCS 14-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07

Or. Admin. R. 813-042-0100 Sanctions

(1) The Department may invoke sanctions against a Recipient that fails to comply with the provisions of its Use Agreement. The following circumstances may warrant sanctions:

(a) HDGA funds have not been expended within one year of award by the Department or the Recipient;

(b) Any local or private party funding agreements related to the project are not executed within six months of the award of HDGA funds;

(d) The Use Agreement was not recorded on the property required by OAR 813-042-0050(3) or as agreed; or

(e) The Department finds that significant corrective actions are necessary to protect the integrity of the project funds, and those corrective actions are not, or will not be, made within a reasonable time (the funds were used for costs not eligible under the HDGA program or the project has not served the population stated in the Use Agreement).

(2) One or more of the following sanctions may be imposed by the Department:

(a) Prohibit a Recipient from applying for future HDGA assistance or other Department assistance;

(b) Revoke an existing HDGA award;

(d) Require return of HDGA funds that have been disbursed to the Recipient but not expended by the Recipient;

(e) Require repayment of expended HDGA funds; and

(f) Invoke other remedies that may be incorporated into the Use Agreement.

(3) Sanctions will not be imposed by the Department until the Recipient has been notified in writing of its deficiencies and given a reasonable time to respond and correct the deficiencies noted. The sanctions and remedies set forth in this OAR 813-042-0100 are cumulative and not exclusive and are in addition to any other rights and remedies provided by law or under the Use Agreement.

History

Statutory/Other Authority: ORS 456.515 - 456.720 & 458.600 - 458.630
Statutes/Other Implemented: ORS 456.555
OHCS 7-2007, f. & cert. ef. 1-11-07
OHCS 14-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07

Or. Admin. R. 813-042-0110 Waiver

The Director may waive or modify any requirements of these Program rules, unless such waiver or modification would violate applicable federal or state statutes or regulations.

History

Statutory/Other Authority: ORS 456.515 - 456.720
Statutes/Other Implemented: ORS 456.555
OHCS 7-2007, f. & cert. ef. 1-11-07
OHCS 14-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07

Division 43 PERMANENT LOAN GUARANTEE PROGRAM

Or. Admin. R. 813-043-0000 Purpose and Objectives

The rules of OAR 813, Division 43, are established to accomplish the general purpose of 1991 Legislative Session law; Chapter 740, the Oregon Housing Fund and the Housing Development and Guarantee Account therein, which authorizes the Department to establish a program to expand the state’s supply of housing for low and very low income families and individuals including, but not limited to, persons more than 65 years of age, disabled persons, farm workers, and Native Americans. These rules describe the Housing Development and Loan Guarantee Program and its objective to provide loan guarantees to construct new housing or to acquire and/or rehabilitate existing structures for housing for persons of Moderate, Low, and/or Very Low Income.

History

Statutory/Other Authority: ORS 458.600 - 458.650
Statutes/Other Implemented: OL 1991, Ch. 740 & ORS 458.740
OHCS 51-2025, amend filed 12/24/2025, effective 12/29/2025
OHCS 40-2025, temporary amend filed 09/11/2025, effective 09/11/2025 through 03/09/2026
OHCS 33-2024, amend filed 09/11/2024, effective 09/16/2024
HSG 4-1992, f. & cert. ef. 4-28-92
HSG 4-1991(Temp), f. & cert. ef. 10-10-91

Or. Admin. R. 813-043-0010 Definitions

Terms used throughout this division (OAR 813-043) are defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR 813-005-0005). Terms used in this division observe those definitions except as defined below:

(1) Culturally Specific Organization (CSO): an entity that provides services to a cultural community and the entity has the following characteristics:

(a) Majority of members and/or clients must be from a particular cultural community that has faced housing discrimination;

(d) The entity has a track record of successful community engagement and involvement with the cultural community being served, rooted on a foundation of respect and trust; and

(e) The organization engages in advocacy for housing and/or economic justice for the cultural community with their guidance.

(2) “Fund” means the Guarantee Fund used for the Loan Guarantee Program;

(3) “Low Income” as defined in ORS 458.610;

(4) “Moderate Income” as defined in ORS 458.610;

(5) “Very Low Income” as defined in ORS 458.610.

(6) “Project Use Agreement” is a legal agreement between the grantee or borrower receiving a loan guarantee and OHCS.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 458.600 - 458.650
Statutes/Other Implemented: OL 1991, Ch. 740 & ORS 458.740
OHCS 51-2025, amend filed 12/24/2025, effective 12/29/2025
OHCS 40-2025, temporary amend filed 09/11/2025, effective 09/11/2025 through 03/09/2026
OHCS 33-2024, amend filed 09/11/2024, effective 09/16/2024
HSG 1-1995, f. & cert. ef. 5-4-95
HSG 4-1992, f. & cert. ef. 4-28-92
HSG 4-1991(Temp), f. & cert. ef. 10-10-91

Or. Admin. R. 813-043-0020 Eligibility for Loan Guarantee Program Fund

(1) OHCS shall provide guarantees of repayment of loans made to finance the construction, development, acquisition and/or rehabilitation of:

(a) Housing for rental or ownership by persons with Moderate, Low and Very Low Income; or

(b) The commercial component of a structure that contains both commercial property and housing for persons with Moderate, Low and Very Low Income.

(2) Organizational Eligibility - Any of the following (an "applicant") may apply to OHCS for a loan guarantee for a qualifying project under the Loan Guarantee Program in the role of a developer, an owner or a lending institution for the project:

(a) A for-profit business;

(b) A local government entity including, but not limited to, a unit of local government (such as city or county) or a housing authority;

(c) A not-for-profit organization, including but not limited to, a nonprofit community-based organization, a regional or statewide nonprofit entity, or a nonprofit corporation;

(d) A Native American tribe; or

(e) Any other entity specifically identified by OHCS as an eligible applicant in an application or award process with respect to the Loan Guarantee Program funds.

(3) Project Eligibility – To be considered eligible for a loan guarantee, projects must meet the following criteria:

(a) No less than 50% of the units constructed, developed, acquired or rehabilitated must be designated for Moderate, Low, or Very Low income individuals or families;

(b) Affordability designations must remain on the property for a period of no less than 10 years or until the loan is paid off or whichever is longer;

(c) Loan guarantees for homeownership are eligible, but 100% of the housing must be purchased by a Moderate, Low, or Very Low income family. There are no affordability requirements for homeownership beyond the initial purchase;

(d) Properties with a commercial component are bound by the following requirements:

(A) Commercial space cannot exceed 20% of the overall development budget for the project, as determined by OHCS underwriting; and

(B) Commercial space must be restricted in scope through a land-use agreement to exclude business(es) that are incompatible with residential housing.

(e) All projects must meet underwriting criteria as established by OHCS in the Loan Guarantee Program Manual and the participating lender.

(4) General Terms & Conditions of the Fund:

(a) No guarantee shall be prepared or construed in such a manner as to violate provisions of Article XI, Section 7, of the Oregon Constitution;

(b) OHCS will not issue any loan guarantee that provides for the repayment of more than 50 percent of the original principal balance of any loan;

(c) OHCS will not allow the aggregate dollar total of all loan guarantees issued to exceed the total amount then in the accountFund;

(d) To the greatest extent possible, the Loan Guarantee Program should prioritize projects that:

(A) Further affordable housing investments in rural markets that lack market and appraisal data to support needed lending; or

(B) Provide access to lending to those small and culturally specific organizations that will benefit from the enhanced credit and risk mitigation a guarantee would provide.

History

Statutory/Other Authority: ORS 458.600 - 458.650
Statutes/Other Implemented: OL 1991, Ch. 740 & ORS 458.740
OHCS 39-2025, minor correction filed 09/11/2025, effective 09/11/2025
OHCS 33-2024, amend filed 09/11/2024, effective 09/16/2024
HSG 6-1994, f. & cert. ef. 9-9-94
HSG 4-1992, f. & cert. ef. 4-28-92
HSG 4-1991(Temp), f. & cert. ef. 10-10-91

Or. Admin. R. 813-043-0030 Distribution of Funds

(1) The Department shall develop a distribution formula which takes into account the relative housing needs of regions and shall concentrate funds in those areas of the state with the greatest housing need, as may be evidenced by factors including but not limited to, the unmet housing need, extent of overcrowding, and number of poverty households.

(2) The distribution formula shall provide for a minimum amount of funds to regions of the state. If an inadequate number of applications are submitted from a particular region to use the minimum regional amount, then the funds may be redistributed to other regions.

History

Statutory/Other Authority: ORS 458.600 - 458.650
Statutes/Other Implemented: ORS 458.600 - 458.650 & Ch. 740 & OL 1991
OHCS 3-2011, f. & cert. ef. 2-17-11
OHCS 13-2010(Temp), f. & cert. ef. 8-24-10 thru 2-18-11
HSG 4-1992, f. & cert. ef. 4-28-92
HSG 4-1991(Temp), f. & cert. ef. 10-10-91

Or. Admin. R. 813-043-0040 Application Procedure and Requirements

(1) OHCS may provide guarantees, subject to the availability of program funds, through a process which may include a first come, first reviewed application or a competitive review process. OHCS shall detail eligible uses of the Loan Guarantee Program and its parameters annually in program materials and application, as developed in consultation with Housing Stability Council.

(2) The applicant(s) shall submit an application form that may include, but are not limited to the following:

(a) A written description of the project including, but not limited to, the number of units, unit mix, proposed rents, site location, the proposed program of services to occupants and the availability of these services in the future, project amenities, and any other information pertinent to the project;

(b) A statement of project purpose indicating the housing type and tenants to be housed, and the length of time the units will be committed to be available for Moderate, Low, or Very Low income households;

(c) A proforma of project expenses and income. Projects including commercial space may be required to provide additional information;

(d) The loan guarantee amount requested and total project development costs, including a description of all additional project funding and funding sources;

(e) A description of the sponsor/developer/owner/manager experience in developing and operating housing projects;

(f) A non-refundable application fee; and

(g) Such other documentation as OHCS may require.

(3) The application will be evaluated through a process prescribed by OHCS in the Loan Guarantee Program Manual. The application will be subject to evaluation by OHCS according to criteria that may include, but are not limited to the following:

(a) Completeness, level of detail and accuracy of the information included in the application;

(b) The eligibility of the applicant and of the proposed project for the Loan Guarantee Program;

(c) The viability of the project, including as reflected in the estimated eligible costs and other support funding as appropriately documented;

(d) Such other criteria established by OHCS, including but not limited to those described in the applicable solicitation.

(4) In the event that OHCS adopts a competitive application process, a loan guarantee may be given preference based on:

(a) Providing the greatest number of Moderate, Low and Very Low Income housing units for the least amount of account funds;

(b) Ensuring the longest possible use as Moderate, Low or Very Low Income housing units;

(c) If the housing proposed is multi-family rental housing, including a program of services for occupants of proposed housing including, but not limited to, programs that address home health care, mental health services, alcohol and drug treatment and post-treatment care, child care or case management;

(d) Other criteria as determined by OHCS including, but not limited to:

(A) Providing housing for a workforce, where a critical need for housing such a workforce exists in the community;

(B) Providing housing for specific populations which have historically faced barriers in finding housing.

(5) Any application that fails to meet the standards established by OHCS in the Loan Guarantee Program requirements, may, at OHCS’ discretion, be denied a loan guarantee. Any project denied a loan guarantee may not apply for a loan guarantee again for 365 days from their denial notice. Reasons for application denial may include, but are not limited to:

(a) The structure contains a commercial component that is excessive in scope or that is of a type incompatible with residential housing;

(b) The project’s budget sources and uses do not balance with the income affordability levels necessary to meet the Loan Guarantee Program requirements; or

(c) The project’s sponsor/developer/owner/manager is unable to demonstrate an ability to develop, own, operate, maintain, and/or manage the proposed project.

History

Statutory/Other Authority: ORS 458.600 - 458.650
Statutes/Other Implemented: OL 1991, Ch. 740 & ORS 458.740
OHCS 51-2025, amend filed 12/24/2025, effective 12/29/2025
OHCS 40-2025, temporary amend filed 09/11/2025, effective 09/11/2025 through 03/09/2026
OHCS 33-2024, amend filed 09/11/2024, effective 09/16/2024
HSG 6-1994, f. & cert. ef. 9-9-94
HSG 4-1992, f. & cert. ef. 4-28-92
HSG 4-1991(Temp), f. & cert. ef. 10-10-91

Or. Admin. R. 813-043-0050 Terms of Guarantee

(1) Guarantee terms and conditions shall be established in a Project Use Agreement and recorded in the relevant jurisdiction(s) at the project owner’s expense. A guarantee to a project shall be conditioned upon the continued use of the project for the targeted tenant group and provision of supportive services for the duration and to the extent indicated in the Loan Guarantee Program application or Project Use Agreement.

(2) If all or part of the commitments to tenant groups, services, or period of use for Moderate, Low and Very Low Income housing are withdrawn from the project, OHCS, at its discretion, may either:

(a) Rescind the loan guarantee; or

(b) In the event that the loan guarantee term has expired but the term of affordability continues, a financial penalty may be assessed and the non-compliance will reflect on overall sponsor capacity in future OHCS funding solicitations.

History

Statutory/Other Authority: ORS 458.600 - 458.650
Statutes/Other Implemented: ORS 458.600 - 458.650 & Ch. 740 & OL 1991
OHCS 33-2024, amend filed 09/11/2024, effective 09/16/2024
HSG 4-1992, f. & cert. ef. 4-28-92
HSG 4-1991(Temp), f. & cert. ef. 10-10-91

Or. Admin. R. 813-043-0060 Charges and Compliance Monitoring

(1) OHCS may assess and the sponsor shall pay such charges as OHCS determines appropriate for reviewing an application as well as for issuance of a letter of guarantee approval.

(2) OHCS may assess and the sponsor, owner, operator or other applicable party shall pay such charges as OHCS determines appropriate for its monitoring of the project for compliance with program requirements or enforcement of appropriate program compliance, including but not limited to meeting appropriate construction and maintenance standards, and satisfying and documenting applicable affordability compliance.

(3) OHCS may perform such reviews or field inspections as it deems necessary to ensure Loan Guarantee Program compliance. OHCS may require that a sponsor, owner, operator or other applicable party take such remedial actions as described in this rule.

(4) Financial records, supporting documents, and all other pertinent records shall be retained by a Loan Guarantee Program Recipient for six (6) years after the project is complete, the guarantee has expired, or after any litigation or audit claim is resolved, whichever is later. OHCS, and any other state entity having audit authority, shall have access to all books, accounts, documents, records and other property belonging to or in use by a Loan Guarantee Program Recipient and relating to the use of the Loan Guarantee Program funds.

History

Statutory/Other Authority: ORS 458.600 - 458.650
Statutes/Other Implemented: ORS 458.600 - 458.650 & Ch. 740 & OL 1991
OHCS 33-2024, amend filed 09/11/2024, effective 09/16/2024
HSG 6-1994, f. & cert. ef. 9-9-94
HSG 4-1992, f. & cert. ef. 4-28-92
HSG 4-1991(Temp), f. & cert. ef. 10-10-91

Division 44 HOME OWNERSHIP ASSISTANCE PROGRAM OF THE OREGON HOUSING FUND

Or. Admin. R. 813-044-0000 Purpose and Objectives

The purpose of OAR chapter 813, division 44 is to establish the Home Ownership Assistance Program (HOAP) to implement the purposes of the Home Ownership Assistance Account of the Oregon Housing Fund described in ORS 458.655. The purpose of HOAP is to expand access to homeownership for Oregonians earning at or below area median income.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.620 & 458.655
OHCS 27-2022, minor correction filed 10/21/2022, effective 10/21/2022
OHCS 41-2019, amend filed 12/30/2019, effective 12/30/2019
OHCS 2-2012, f. & cert. ef. 3-27-12
OHCS 9-2011(Temp), f. & cert. ef. 9-30-11 thru 3-27-12
OHCS 4-2009, f. & cert. ef. 12-22-09
HSG 2-1996, f. & cert. ef. 4-15-96

Or. Admin. R. 813-044-0005 Definitions

(1) "Federal Fair Housing Act" means the act, as established in 42 U.S. Code §§ 3601-3619, which prohibits discrimination in housing practices on the basis of race, color, religion, sex, national origin, familial status, and disability.

(2) “First Generation Homebuyer" means an individual;

(a) whose living parents or legal guardians do not, to the best of the individual’s knowledge, have any present fee simple ownership interest in a principal residence in any state, excluding ownership of heir property;

(b) Who, if no parents or legal guardians are living upon acquisition of the eligible home to be acquired using such assistance, to the best of the individual’s knowledge, their parents or legal guardians did not have any ownership interest in a principal residence in any state at the time of their death, excluding ownership of heir property; and,

(c) whose spouse or domestic partner has not, during the three-year period ending upon acquisition of the eligible home to be acquired using such assistance had any present ownership interest in a principal residence in any state, excluding ownership of heir property, whether the individual is a co-borrower on the loan or not, OR

(d) An individual who has at any time been placed in foster care or institutional care whose spouse or domestic partner has not, during the three-year period ending upon acquisition of the eligible home to be acquired using such assistance, had any ownership interest in a principal residence in any state, excluding ownership of heir property, whether such individuals are co-borrowers on the loan or not.

(3) “First Time Homebuyer” means an individual who has not held an ownership interest in a principal residence at any time during the three year period ending on the date of the purchase of the property.

(4) "Homeownership Center" means an organization that assists in securing the future of Oregonians by providing Homeownership Counseling and Education, Housing Counseling including Financial and Post-purchase counseling in an effort to create stable households throughout the state, particularly in communities of color.

(5) "Homeownership Counseling" is defined in 24 CFR §5.100.

(6) "Housing Counseling" is defined in 24 CFR §5.100.

(7) "Organization" means an entity, as defined in ORS 458.600, that manages a homeownership program as required in ORS 458.655.

(8) “Veteran Family” means a spouse of a deceased Veteran and has been determined by the United States Department of Veteran’s Affairs eligible to receive any benefit from that Department.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.600, ORS 458.620 & 458.655
OHCS 28-2022, amend filed 10/24/2022, effective 10/24/2022
OHCS 41-2019, adopt filed 12/30/2019, effective 12/30/2019

Or. Admin. R. 813-044-0030 Distribution of Funds

The maximum amount of an award to an organization under the Home Ownership Assistance Program is subject to determination by the Housing Stability Council.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.620 & 458.655
OHCS 41-2019, amend filed 12/30/2019, effective 12/30/2019
OHCS 2-2012, f. & cert. ef. 3-27-12
OHCS 9-2011(Temp), f. & cert. ef. 9-30-11 thru 3-27-12
OHCS 4-2009, f. & cert. ef. 12-22-09
HSG 2-1996, f. & cert. ef. 4-15-96

Or. Admin. R. 813-044-0040 Application Procedure and Requirements

An organization may apply for a grant from the Home Ownership Assistance Program under ORS 458.655, upon an open solicitation for a Request for Application (RFA), as determined by OHCS. An organization may apply for a grant under this rule by submitting to OHCS a completed application and documents as required in the Request for Applications (RFA).

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.620 & ORS 458.655
OHCS 28-2022, amend filed 10/24/2022, effective 10/24/2022
OHCS 41-2019, amend filed 12/30/2019, effective 12/30/2019
OHCS 5-2015, f. & cert. ef. 7-9-15
OHCS 2-2015(Temp), f. & cert. ef. 3-11-15 thru 9-5-15
OHCS 2-2012, f. & cert. ef. 3-27-12
OHCS 9-2011(Temp), f. & cert. ef. 9-30-11 thru 3-27-12
OHCS 4-2009, f. & cert. ef. 12-22-09
HSG 2-1996, f. & cert. ef. 4-15-96

Or. Admin. R. 813-044-0045 Purposes for Funding

Funds within the Home Ownership Assistance Program may be used for the following purposes:

(1) Down Payment Assistance (DPA);

(2) Homeownership Centers;

(3) Restore Health and Safety; or

(4) Training and other uses suitable to OHCS.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.620 & 458.655
OHCS 41-2019, amend filed 12/30/2019, effective 12/30/2019
OHCS 5-2015, f. & cert. ef. 7-9-15
OHCS 2-2015(Temp), f. & cert. ef. 3-11-15 thru 9-5-15

Or. Admin. R. 813-044-0050 Criteria for Funding

(1) Grants by OHCS under the Home Ownership Assistance Program are subject to the availability of funds in the Home Ownership Assistance Account and to limits established by law. The process by which OHCS makes grants available may include, but is not limited to, consideration of individual proposals and the use of a competitive review process.

(2) In addition to the criteria in ORS 458.655 for preference in making grants, a grant application is subject to subordinate criteria established by OHCS and included in a competitive proposal solicitation or RFA.

(3) Organizations must verify income eligibility under current area median income (AMI) requirements at the time an individual applies to any HOAP Program.

(4) Organizations must complete and submit all Reporting Requirements as indicated in the grant agreement.

(5) Organizations must have a Language Access Plan (LAP) for persons with limited proficiency in speaking or writing English.

(6) Organizations must have policies and procedures in place for the recovery of the destruction of program-related records as a result of a natural or man-made disaster.

(7) Organizations must maintain and retain program records as necessary to comply with state and federal law, including the requirements set by OHCS and listed in the Agency Retention Schedule and terms of the grant agreement.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.620 & ORS 458.655
OHCS 28-2022, amend filed 10/24/2022, effective 10/24/2022
OHCS 41-2019, amend filed 12/30/2019, effective 12/30/2019
OHCS 2-2012, f. & cert. ef. 3-27-12
OHCS 9-2011(Temp), f. & cert. ef. 9-30-11 thru 3-27-12
OHCS 4-2009, f. & cert. ef. 12-22-09
HSG 2-1996, f. & cert. ef. 4-15-96

Or. Admin. R. 813-044-0055 Use of Grant Funds

An organization that receives a grant under the Home Ownership Assistance Program:

(1) Is subject to the condition that the organization continues to use the grant for the specific purpose, for the duration, and to the extent authorized by the grant application and agreement;

(2) May provide in its agreements with homeowners that when a homeowner sells the home, for which the organization’s assistance was furnished, the organization may recapture some or all of the assistance from proceeds of the sale;

(3) Must redeploy funds recaptured under this rule to furnish further assistance to eligible homebuyers or homeowners within the associated HOAP program.

(4) May be required by OHCS to repay all or part of the grant if the organization does not perform or expend all or part of the required Scope of Work as described in the agreement.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.620 & ORS 458.655
OHCS 28-2022, amend filed 10/24/2022, effective 10/24/2022
OHCS 41-2019, amend filed 12/30/2019, effective 12/30/2019
OHCS 2-2012, f. & cert. ef. 3-27-12
OHCS 9-2011(Temp), f. & cert. ef. 9-30-11 thru 3-27-12

Division 45 HOUSING DEVELOPMENT ACCOUNT PROGRAM

Or. Admin. R. 813-045-0005 General Purpose

The rules of OAR 813, division 45 are established to accomplish the general purpose of ORS 456.515 to 456.720, specifically 456.720(7), which authorizes the Department to establish a Housing Development Account to carry out the purposes of the Act by contract, grant, loan, or as otherwise determined necessary by the Department.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.515 - 456.720
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 13-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 3-1988, f. & cert. ef. 9-2-88
HSG 2-1988(Temp), f. & cert. ef. 4-5-88

Or. Admin. R. 813-045-0010 Definitions

All words and terms are used in OAR 813, division 45 as defined in the Act, and as provided by 813-005-0005.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.515 - 456.720
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 13-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 3-1988, f. & cert. ef. 9-2-88
HSG 2-1988(Temp), f. & cert. ef. 4-5-88

Or. Admin. R. 813-045-0015 Eligibility for Housing Development Account Funds

(1) The Department may provide funds from the Housing Development Account subject to the availability of funds in the Account and limitations otherwise prescribed by law, and only for the purposes specified or allowed in the Act.

(2) The Department may from time to time restrict use of available funds for specific housing projects or purposes, restrict the type of assistance available, or restrict the type of applicant eligible for assistance.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.515 - 456.720
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 13-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 3-1988, f. & cert. ef. 9-2-88
HSG 2-1988(Temp), f. & cert. ef. 4-5-88

Or. Admin. R. 813-045-0020 Application Procedure

(1) The Department may from time to time solicit applications for Housing Development Account funds, and may, in its discretion, consider for funding only applications received as a response to such solicitation.

(2) All applications for assistance from the Housing Development Account shall be in writing to the Department, and shall contain at a minimum the following information:

(a) Name, address, and telephone number of the applicant;

(b) Amount and type of assistance requested; and

(c) A description of how the assistance will be used, including the type of housing project or program involved; number of housing units to be provided or the number of persons to be housed; the estimated time period from start to completion of the project or program; the geographic area where the assistance will be used; and the federal, state, or local agencies or organizations involved.

(3) If the Department receives applications in an amount greater than the amount of funds available, the Department shall select those applications which, in the judgment of the Depart-ment, best achieve the purposes of the Housing Development Account Program rules and the Act.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.515 - 456.720
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 13-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 3-1988, f. & cert. ef. 9-2-88
HSG 2-1988(Temp), f. & cert. ef. 4-5-88

Or. Admin. R. 813-045-0025 Application Review

(1) For loans or grants where the amount requested from the Housing Development Account does not exceed $100,000, or any other form of assistance, the Department shall consider the application and approve, disapprove, or request additional information on the application within 30 calendar days of receipt of the application.

(2) For loans or grants where the amount requested from the Housing Development Account is in excess of $100,000, the Department shall consider the application and approve, disapprove or request additional information on the application within 30 calendar days of receipt of the application. If the Department proposes to make the loan or grant, it shall submit the loan or grant it proposes to make to the Housing Stability Council for review. The Housing Stability Council shall approve or disapprove the loan or grant at a public hearing of the Council, pursuant to ORS 456.571(2). The Department shall advise the applicant in writing of the action taken by the Housing Stability Council within 15 calendar days of such meeting.

(3) In reviewing applications for assistance, the Department and the Housing Stability Council, as appropriate, may consider, but are not limited to, the following:

(a) Amount of available funds in the Housing Development Account;

(b) Availability of other sources of assistance;

(d) Involvement of federal, state or local government agencies, nonprofit housing or social service agencies;

(e) Geographic area affected;

(f) Number and type of housing units to be provided or number of persons to be housed;

(g) Administrative costs and/or responsibilities imposed on the Department in connection with the assistance provided; and

(h) Type and number of households to be assisted.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.515 - 456.720
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 13-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 3-1988, f. & cert. ef. 9-2-88
HSG 2-1988(Temp), f. & cert. ef. 4-5-88

Or. Admin. R. 813-045-0030 Form of Assistance

(1) The Department shall confirm to the applicant in writing the type of assistance, if any, to be provided from the Housing Development Account. Assistance may be in the form of, but is not limited to, loans, grants, contract agreements, or insurance.

(2) The Department may establish fees, premiums, interest rates, repayment terms, performance criteria and reporting requirements as the Department considers appropriate or necessary for the type and use of assistance provided. The Department shall specify such terms and conditions to the applicant in writing before funds are advanced or contractual agreements signed.

(3) The Department may require the applicant to execute such documents as the Department considers appropriate or necessary to evidence the type and amount of assistance provided, and any terms and conditions agreed to in connection with such assistance.

(4) If the terms and conditions upon which the assistance was approved or provided are not met, the Department may, upon written notice, immediately revoke approval of the use of the Housing Development Account funds, and/or require repayment of all or a portion of the funds advanced, if any.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.515 - 456.720
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 13-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 3-1988, f. & cert. ef. 9-2-88
HSG 2-1988(Temp), f. & cert. ef. 4-5-88

Or. Admin. R. 813-045-0035 Waiver for Other Sources

If the Department has applied for and received funds on deposit in the Housing Development Account from other sources or on behalf of another person, the provisions of chapter 813, division 45 may be waived by the Director as necessary or convenient to comply with the rules, regulations or procedures prescribed by the source of funds, unless such waiver would violate applicable statutes.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.515 - 456.720
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 13-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 3-1988, f. & cert. ef. 9-2-88
HSG 2-1988(Temp), f. & cert. ef. 4-5-88

Division 46 EMERGENCY HOUSING ASSISTANCE PROGRAM (EHA)

Or. Admin. R. 813-046-0000 Purpose and Objectives

The purpose of OAR chapter 813, division 46 of the administrative rules is to implement the Emergency Housing Assistance Program (EHAP) program. Funding for EHA comes from the Emergency Housing Account, as established in ORS 458.620 and described in ORS 458.650. The purpose of EHA is to fund local homeless programs that assist low income and very low income households, who are homeless or unstably housed, to attain housing stability.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.620 & 458.650
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 31-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 8-2015, f. & cert. ef. 8-25-15
OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14
OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14
OHCS 11-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 3-2002, f. & cert. ef. 5-15-02, Renumbered from 813-046-0010
OHCS 3-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02
HSG 5-1992, f. & cert. ef. 6-16-92
HSG 5-1991(Temp), f. & cert. ef. 10-10-91

Or. Admin. R. 813-046-0011 Definitions

Terms used throughout this division (OAR 813-046) may be defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions, except as defined below:

(1) "EHAP" means the Emergency Housing Assistance Program administered by OHCS pursuant to this division and other applicable law.

(2) "EHAP requirements" means these administrative rules; all funding agreement terms and conditions; OHCS directives (including deficiency notices); the SHF Manual requirements; and applicable state, local, and federal laws and requirements.

(3) "EHAP services" means services as defined in OAR 813-046-0045 and the SHF Manual, which are eligible activities with EHAP funding.

(4) "Homeless" means an individual, family or household that lacks a fixed, regular, and/or adequate nighttime residence in accordance with department categorical definitions. Categorical definitions are contained in the program manual.

(5) "Homeless Management Information System" or "HMIS" is defined in 24 CFR 576.2.

(6) "Household" means an individual living alone, a family with or without children or a group of individuals who are living together as one economic unit.

(7) "Household income" means the total household income from all sources before taxes. Specific sources and deductions are outlined in the SHF Manual.

(8) "Low income" means a household with an annual household income that is more than 50%, but below 80%, of the area median income based on U.S. Department of Housing and Urban Development (HUD) determined guidelines, as adjusted for family size.

(9) "SHF Manual" or "Program manual" means the State Houseless Funds Program Operations Manual, as described in OAR 813-046-0015.

(10) “Subgrantee” means person, entity, or party that enters into a contract, loan agreement, or grant agreement directly with OHCS to receive funds to administer EHAP.

(11) “Subrecipient” means organization as defined in ORS 458.610(6) that works with, collaborates with, or enters into a direct agreement with the subgrantee to provide services under EHAP.

(12) "Unstably housed" means an individual or family who is rent-burdened, defined as paying more than 30% of their gross income in rent; or is currently paying more than the Fair Market Rent, defined by HOME FMRs or is at risk of losing their housing and does not otherwise qualify as homeless or imminent risk, has been notified to vacate their current residence, or otherwise demonstrates a high risk of losing their current housing and lacks the resources or support networks to obtain other permanent housing.

(13) "Very low income" means an annual household income that is at or less than 50% of the area median income based on HUD determined guidelines, adjusted for family size.

(14) "Veteran" means a person who served in the U.S. Armed Forces and was discharged under honorable conditions or is receiving a non-service-connected pension from the U.S. Department of Veterans Affairs as further defined in ORS 408.225 and the program manual.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 24 CFR 576.2, ORS 458.610, 458.620, 458.650 & 408.225
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 2-2023, amend filed 03/01/2023, effective 03/01/2023
OHCS 8-2020, amend filed 05/07/2020, effective 05/07/2020
OHCS 31-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 2-2019, amend filed 04/22/2019, effective 04/22/2019
OHCS 2-2017, f. & cert. ef. 4-19-17
OHCS 13-2016(Temp), f. & cert. ef. 10-26-16 thru 4-23-17
OHCS 8-2015, f. & cert. ef. 8-25-15
OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14
OHCS 11-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 3-2002, f. & cert. ef. 5-15-02
OHCS 3-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02, Renumbered from 813-046-0020
HSG 9-1994, f. & cert. ef. 11-9-94
HSG 5-1992, f. & cert. ef. 6-16-92
HSG 5-1991(Temp), f. & cert. ef. 10-10-91

Or. Admin. R. 813-046-0015 Manuals

Effective on July 1, 2025, the State Houseless Funds Program Operations Manual (SHF Manual) with the requirements and standards therein, is incorporated into and adopted as part of division 813-046-0015 of the department's administrative rules, 813-046-0000 to 813-046-0081. The SHF Manual, dated July 1, 2023, previously incorporated into and adopted as part of these administrative rules remains in effect until July 1, 2025, on which date it is repealed. The SHF Manual may be accessed online at the OHCS website.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.610, 458.620 & 458.650
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 2-2023, amend filed 03/01/2023, effective 03/01/2023
OHCS 21-2020, amend filed 10/27/2020, effective 10/27/2020
OHCS 11-2020, temporary amend filed 06/08/2020, effective 06/08/2020 through 12/04/2020
OHCS 8-2020, adopt filed 05/07/2020, effective 05/07/2020

Or. Admin. R. 813-046-0021 Administration

(1) OHCS may contract with subgrantees to provide eligible EHAP services (see OAR 813-046-0045) in such manner as to provide holistic coverage statewide without duplication or overlap of services.

(2) OHCS will allocate EHAP funds to all subgrantees through a formula established by OHCS prior to the allocation process. OHCS reserves the right to modify such formula at any time in its sole discretion.

(3) A subgrantee may enter into agreements or collaborate with subrecipients that meet the requirements of ORS 458.610(6) to provide eligible EHAP services in the subgrantee’s service area.

(4) Subgrantees shall, at a minimum, provide EHAP services to eligible applicants or households that meet EHAP requirements. Whenever appropriate, subgrantees may assist eligible households in accessing other services designed to stabilize housing.

(5) Subgrantee representatives must attend and participate in EHAP-related training made available or conducted by OHCS.

(6) A designated portion of EHAP funds are reserved for subgrantees and their subrecipients to use for administrative costs. Subgrantees and their subrecipients may expend up to a determined amount as authorized by OHCS and outlined in the funding agreement.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.620, 458.650 & 458.610
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 31-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 8-2015, f. & cert. ef. 8-25-15
OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14
OHCS 11-2014(Temp), f. 1-27-14 thru 7-25-14
OHCS 3-2002, f. & cert. ef. 5-15-02
OHCS 3-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02

Or. Admin. R. 813-046-0040 Applicant Eligibility

(1) EHAP services shall be made available to low income and very low income households that are homeless or unstably housed, including, but not limited to, veterans, persons more than 65 years of age, persons with disabilities, farmworkers and Native Americans.

(2) A household member’s duration of Oregon residency or immigrant status shall not be considered as part of the eligibility criteria.

(3) Specific requirements of documentation to provide proof of eligibility for EHAP services are detailed in the SHF Manual.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.610, 458.620 & 458.650
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 31-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 24-2019, minor correction filed 07/03/2019, effective 07/03/2019
OHCS 2-2019, amend filed 04/22/2019, effective 04/22/2019
OHCS 8-2015, f. & cert. ef. 8-25-15
OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14
OHCS 11-2014(Temp), f. 1-27-14 thru 7-25-14
OHCS 3-2002, f. & cert. ef. 5-15-02
OHCS 3-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02
HSG 5-1992, f. & cert. ef. 6-16-92
HSG 5-1991(Temp), f. & cert. ef. 10-10-91

Or. Admin. R. 813-046-0045 Use of Funds

(1) Use of EHAP funds must be in compliance with EHAP requirements for eligible households.

(2) To the extent of available funding, eligible EHAP services include, but are not limited to:

(a) Street outreach;

(b) Emergency shelter operations;

(d) Homelessness prevention;

(e) Rapid re-housing;

(f) Shelter or transitional housing facilities rehabilitation, renovation or conversion; and

(g) Emergency System and Strategy Strengthening.

(3) EHAP funds may be used to supplement existing funds or to support existing programs according to EHAP requirements. Subgrantees shall not use EHAP funds, granted or otherwise awarded, to replace funds currently being received from other sources, available or reasonably expected to be available to the subgrantee.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.620 & 458.650
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 31-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 2-2019, amend filed 04/22/2019, effective 04/22/2019
OHCS 8-2015, f. & cert. ef. 8-25-15
OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14
OHCS 11-2014(Temp), f. 1-27-14 thru 7-25-14
OHCS 1-2014, f. & cert. ef. 1-27-14, Renumbered from 813-046-0030
OHCS 3-2002, f. & cert. ef. 5-15-02
OHCS 3-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02
HSG 9-1994, f. & cert. ef. 11-9-94
HSG 5-1992, f. & cert. ef. 6-16-92
HSG 5-1991(Temp), f. & cert. ef. 10-10-91

Or. Admin. R. 813-046-0050 Application for Funding; Funding Agreement

(1) Prior to providing any EHAP services using OHCS funding, subgrantees must submit biennially an application for funding to OHCS. A funding agreement must be approved by OHCS in writing before being operative.

(2) Applications for funding must meet all requirements of form and content as established by OHCS. At a minimum, an application must include a subgrantee’s proposed activities for eligible households, anticipated expenditures, and any other information as OHCS may require specific to EHAP funding. Subgrantees must adhere to OHCS requirements and deadlines for submitting an application. An application is subject to approval, with or without modifications, or disapproval by OHCS.

(3) OHCS will not approve any applications for funding for EHAP unless it meets sufficiency requirements. Sufficiency is based on the quantity, thoroughness and quality of performance that is satisfactory to OHCS. This includes, but is not limited to, providing relevant information necessary for OHCS to assess the subgrantee’s compliance with all EHAP requirements and any other standards, goals, and requirements established by OHCS.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.620 & 458.650
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 31-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 8-2015, f. & cert. ef. 8-25-15
OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14
OHCS 11-2014(Temp), f. 1-27-14 thru 7-25-14
OHCS 3-2002, f. & cert. ef. 5-15-02
OHCS 3-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02
HSG 5-1992, f. & cert. ef. 6-16-92
HSG 5-1991(Temp), f. & cert. ef. 10-10-91

Or. Admin. R. 813-046-0061 Recordkeeping and Compliance Monitoring

(1) Subgrantees and their subrecipients must maintain accurate financial records satisfactory to OHCS and consistent with EHAP requirements, which document the receipt and disbursement of all EHAP funds by OHCS. Subgrantees must have an accounting system in place satisfactory to OHCS, and implement an approved Homeless Management Information System (HMIS) database for data and fiscal entry.

(2) Subgrantees and their subrecipients must maintain other EHAP records satisfactory to OHCS and consistent with EHAP requirements, which include, but are not limited to, documentation of household eligibility, receipt of allowable EHAP services, termination of services and the basis for same, housing status, administrative actions, contracts with subrecipients, review of subrecipient performance, action taken with respect to deficiency notices, and any administrative review proceedings. Such records must be satisfactory to OHCS in substance and format.

(3) Subgrantees must provide OHCS with all required reports, data, and financial statements by submission deadlines and satisfactory to OHCS in form and substance as identified in the EHAP requirements and as requested by OHCS.

(4) To ensure proper compliance and monitoring of EHAP, subgrantees and their subrecipients must:

(a) Furnish representatives of OHCS, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives access to and permit copying of all electronic and hardcopy books, accounts, documents, and records and allow reasonable access to the project and other property pertaining to EHAP, at any such representative’s request.

(b) Cooperate fully in any inspections or other monitoring actions taken by OHCS, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives.

(5) OHCS will conduct reviews, audits, and other compliance monitoring as it deems appropriate with respect to each subgrantee and its subrecipients to verify compliance with the EHAP requirements. Subgrantees and their subrecipients must cooperate fully with OHCS in its compliance monitoring activities.

(6) Subgrantees must require by contract, and monitor their subrecipients’ compliance with, all EHAP requirements including, but not limited to, recordkeeping and retention of records and OHCS compliance monitoring and enforcement.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.620 & 458.650
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 31-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 8-2015, f. & cert. ef. 8-25-15
OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14
OHCS 11-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 3-2002, f. & cert. ef. 5-15-02
OHCS 3-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02

Or. Admin. R. 813-046-0065 Remedies

(1) OHCS reserves the right to identify deficiencies in the performance of any subgrantee or their subrecipients discovered during program operations or compliance monitoring activities and take remedial action upon such subgrantees, including, but not limited to, modifying funding amount, reducing or withholding payment, suspending or recouping payments or both, requiring a corrective action or additional activities necessary to satisfy its obligations or meet performance standards, initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief, exercise of its right of recovery of overpayments, declaring subgrantee ineligible for the receipt of future awards from OHCS, criminal action for misstatements or fraud, misfeasance, claims under the Oregon False Claims Act, or other culpable behavior, investigation, audit, and/or sanction by other governmental bodies, and terminating its funding agreement with a subgrantee and requiring repayment of EHAP funding.

(2) To remedy any identified deficiencies, OHCS:

(a) May issue a deficiency notice notifying a subgrantee of deficiencies and provide documentation for the basis of such determination and the specific deficiency or deficiencies that must be corrected;

(b) May require the subgrantee to correct any deficiencies in a manner and time frame satisfactory to OHCS;

(d) May, at its discretion, offer the subgrantee assistance in the development of a corrective action plan. If a corrective action plan is allowed, OHCS must review the plan and issue a decision of approval or disapproval to the subgrantee.

(3) OHCS may provide adequate notice to a subgrantee of remedial action that will terminate or reduce a subgrantee’s eligibility for EHAP funding. OHCS may provide the subgrantee an initial opportunity to appeal to the director of the Housing Stabilization Division of OHCS, whose decision may be deferred to the director of OHCS.

(4) Issuance of a deficiency notice will not constitute a waiver of other remedies available to OHCS or preclude OHCS from exercising such other remedies available to it under the EHAP requirements, at law or otherwise.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.620 & 458.650
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 31-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 23-2019, minor correction filed 07/03/2019, effective 07/03/2019
OHCS 8-2015, f. & cert. ef. 8-25-15
OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14
OHCS 11-2014(Temp), f. 1-27-14 thru 7-25-14
OHCS 3-2002, f. & cert. ef. 5-15-02
OHCS 3-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02

Or. Admin. R. 813-046-0070 Challenge of Subgrantee Action

(1) Any household aggrieved by a subgrantee administering or providing EHAP services may challenge the subgrantee's action by entering the subgrantee's administrative review process (see OAR 813-046-0081). Any household who received either an unsatisfactory determination or refusal of a review by the subgrantee may submit a written request to OHCS within 30 days of receiving the notice of review determination or refusal by the subgrantee to provide such administrative review.

(2) OHCS may accept or deny a request to conduct a subgrantee administrative review, in whole or in part, at its sole discretion. An OHCS review will be in the manner determined appropriate by OHCS and may include, but is not limited to, review of provided information.

(3) If OHCS accepts the review request, the requesting household, the subgrantee, and any relevant subrecipients will produce all information required by OHCS, including requested affidavits or testimony.

(4) Upon accepting the review request, OHCS may make a determination on such review request and require such remedial action as OHCS determines, in its sole discretion, to be appropriate.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.620 & 458.650
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 31-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 8-2015, f. & cert. ef. 8-25-15
OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14
OHCS 11-2014(Temp), f. 1-27-14 thru 7-25-14
OHCS 3-2002, f. & cert. ef. 5-15-02
OHCS 3-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02
HSG 5-1992, f. & cert. ef. 6-16-92
HSG 5-1991(Temp), f. & cert. ef. 10-10-91

Or. Admin. R. 813-046-0081 Review by Subgrantee

(1) Subgrantees must establish in writing a process satisfactory to OHCS that enables all potentially eligible households, having received EHAP services or not, to contest a determination by the subgrantee or its subrecipients that either denies, limits, terminates, or modifies EHAP services.

(2) An aggrieved household may request formal review of a subgrantee’s or its subrecipients’ action (as described in subsection (1) above). The subgrantee must allow a minimum of 30 days, from the time of the requested review or the aggrieved household’s discovery of such action, for which an aggrieved household requests a review. The ultimate determination of an aggrieved household’s discovery period is reserved to OHCS, in its sole discretion.

(3) A household remaining aggrieved after such review may request further review of the subgrantee's actions by OHCS (see OAR 813-046-0070).

(4) The subgrantee must inform OHCS and the aggrieved party in writing of any final review determination made by the subgrantee, and the basis for same, within 10 days of such final determination.

(5) The subgrantee must comply with OHCS requests for all supporting documentation related to the grievance when a household exercises their right for an administrative review of the subgrantee or subrecipient’s decision (as described in subsection (3) above).

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.620 & 458.650
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 2-2023, amend filed 03/01/2023, effective 03/01/2023
OHCS 31-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 8-2015, f. & cert. ef. 8-25-15
OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14
OHCS 11-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 3-2002, f. & cert. ef. 5-15-02
OHCS 3-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02

Division 47 COMMUNITY DEVELOPMENT CORPORATION PROGRAM

Or. Admin. R. 813-047-0001 Purpose and Objectives

OAR 813, division 47, is promulgated to accomplish the general purpose of ORS 456.515 to 456.725 and 458.210 to 458.240, specifically 458.210 through 458.240, which authorize the Department to establish the Community Development Corporation Program. The objective of this Program is to assist qualified nonprofit Community-Based Organizations (CBOs) to establish Community Development Corporations (CDCs). This objective:

(1) Expands the capacity of Community-Based Organizations to meet the housing and community development needs of their respective service areas by building, rehabilitating, and managing low- and moderate- income housing, and

(2) Provides Community-Based Social Services which provide training or employment for low- and moderate- income residents within targeted areas.

History

Statutory/Other Authority: ORS 458.210 - 458.240
Statutes/Other Implemented: ORS 458.210 - 458.240
OHCS 7-2003, f. & cert. ef. 5-16-03
OHCS 14-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03
HSG 7-1992, f. & cert. ef. 6-16-92
HSG 2-1992(Temp), f. & cert. ef. 1-9-92
HSG 3-1991, f. & cert. ef. 9-4-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 2-1990, f. & cert. ef. 2-5-90

Or. Admin. R. 813-047-0005 Definitions

All words and terms used in OAR 813, division 47 are defined in the Act, in 813-005-0005 and below. As used in OAR 813, division 47, unless the context indicates otherwise:

(1) "Capacity Building Grant" means a grant that is used to increase or broaden a Community Development Corporation's Local Capacity to meet the housing needs of the service area.

(2) "Community-Based Organization" or "CBO" means a nonprofit corporation organized under ORS Chapter 65, a housing authority established under 456.055 to 456.235, a Community Action Agency, a Community Development Corporation, or other nonprofit or governmental entity representing or seeking to serve the housing, human services or Community Economic Revitalization needs of a clearly-defined population and area.

(3) "Community-Based Social Services" means comprehensive client-centered services delivered within a Targeted Area that promotes Community Economic Revitalization. The purpose of these services is to assist individuals and families to become more functional and self-reliant.

(4) "Community Development Corporation" or "CDC" means a nonprofit 501(c)(3) corporation organized (under ORS Chapter 65 which has its purpose, as stated in its articles of incorporation, to serve the needs of low and moderate income people for community development and self-help; is governed by a board of directors that has no fewer than five members, 51 percent of which are from the CDC’s Service Area; and which has a clearly defined geographic Service Area.

(5) "Community Economic Revitalization" means community-oriented strategy that targets resources in order to address problems in a Targeted Area, that is controlled by residents of the Targeted Area, and that uses tangible development activities to increase the amount of investments made and retained in the Targeted Area.

(6) " Service Area" means the specific area or region which the nonprofit Community-Based Organization or Community Development Corporation has identified or targeted to receive development activity.

(7) "Human Investment Strategies Grant" means a grant that is used to increase or broaden a Community Development Corporation's Local Capacity to deliver Community-Based Social Services through the training or employment of residents of a Targeted Area.

(8) "Initial Planning Grant" means a grant that is used to incorporate and establish a Community Development Corporation.

(9) "In-Kind Contribution" means a contribution to a project other than cash, including, but not limited to, office equipment, working space, office supplies, staff time, telephone and automobile use, donated project materials or labor, and non-board volunteer time.

(10) "Local Capacity" means the ability or competency of organizations in an identified geographic area to address housing, human services, or Community Economic Revitalization issues or problems.

(11) "Low Income" means an adjusted annual household income, as defined in 24 CFR, Part 91.5, which exceeds 50 percent but does not exceed 80 percent of the median household income for the area, as determined by the U.S. Department of Housing and Urban Development, with allowances for family size.

(12) "Moderate Income" means an adjusted annual household income, as defined in 24 CFR, Part 91.5, which is between 81 and 95 percent of the median household income for the area, as determined by the U.S. Department of Housing and Urban Development, with allowances for family size.

(13) "Program" means the Community Development Corporation Program.

(14) "Targeted Area" means a defined county or multi-county area, a town or city, or neighborhoods that receives public program services.

(15) "Very Low Income" means an adjusted annual household income, as defined in 24 CFR, Part 91.5, which does not exceed 50 percent of the median household income for the area, as determined by the U.S. Department of Housing and Urban Development, with allowances for family size.

History

Statutory/Other Authority: ORS 458.210 - 458.240
Statutes/Other Implemented: ORS 458.210 - 458.240
OHCS 7-2003, f. & cert. ef. 5-16-03
OHCS 14-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03
HSG 7-1992, f. & cert. ef. 6-16-92
HSG 2-1992(Temp), f. & cert. ef. 1-9-92
HSG 3-1991, f. & cert. ef. 9-4-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 2-1990, f. & cert. ef. 2-5-90

Or. Admin. R. 813-047-0006 Administration

(1) The Department may provide Initial Planning Grants, Capacity Building Grants or Human Investment Strategies Grants. The Department may restrict the availability of Program funds for each grant category at the time it solicits applications.

(a) Initial Planning Grants. The maximum award for an Initial Planning Grant will be $5,000.

(b) Capacity Building Grants. The Department will not award Capacity Building Grants to cover 100 percent of the costs of the activities funded by the grant. The maximum award for a Capacity Building Grant will be $50,000.

(c) Human Investment Strategies Grants. The Department will not award grants to cover 100 percent of the costs of the activities funded by the grant. The maximum award will be $50,000.

(2) The Department may further restrict the use of available funds for specific Local Capacity building activities related to housing needs or for specific Human Investment Strategies Grant activities in the Service Area of a CBO, restrict the amount or type of assistance available, or restrict the type of applicant eligible for assistance.

(3) A CBO may not receive more than one grant per biennium under each category of grant.

History

Statutory/Other Authority: ORS 458.210 - 458.240
Statutes/Other Implemented: ORS 458.210 - 458.240
OHCS 7-2003, f. & cert. ef. 5-16-03
OHCS 14-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03

Or. Admin. R. 813-047-0010 Application Procedure and Requirements

(1) The Department will, as Program funds are available, support or solicit applications for Program grants and will consider only applications received in response to such solicitations.

(2) All applications for Program grants shall be submitted in writing to the Department and shall contain at a minimum the following information:

(a) Name, address, and telephone number of the applicant;

(b) Amount and type of assistance requested;

(A) For an Initial Planning Grant to start up a Community Development Corporation;

(B) For a Capacity Building Grant to expand an existing Community Development Corporation; or

(C) For a Human Investment Strategies Grant to expand an existing Community Development Corporation's Local Capacity to provide Community-Based Social Services within a Targeted Area; and

(d) A description of the desired outcomes and how the applicant will achieve those outcomes:

(A) In the case of a Capacity Building Grant, a CDC applicant must demonstrate the usefulness and supportive effect such a grant provides to the realization of overall objectives of the anticipated project/activity;

(B) In the case of a Human Investment Strategies Grant, a CDC applicant must demonstrate how the proposed project supports the needs of individuals and families residing in a Targeted Area; how the proposed project will promote Community Economic Revitalization through the delivery of Community-Based Social Services within the Targeted Area; and how the Community-Based Social Services funded by such a grant will provide training or employment programs to Low- and Moderate-Income residents of the Targeted Area;

(e) A description of the Community Development Corporation’s present or proposed Service Area or a description of the Targeted Area as it applies to a Human Investment Strategies Grant; and

(f) In the case of an Initial Planning Grant, evidence of matching funds or In-Kind Contributions in a minimum amount (expressed as a percentage of a grant request) that will be specified in the applicable Program solicitation, which minimum amount shall not exceed 50 percent of a grant request. However, a CBO may indicate greater In-Kind Contributions in support of its application.

History

Statutory/Other Authority: ORS 458.210 - 458.240
Statutes/Other Implemented: ORS 458.210 - 458.240
OHCS 7-2003, f. & cert. ef. 5-16-03
OHCS 14-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03
HSG 7-1992, f. & cert. ef. 6-16-92
HSG 2-1992(Temp), f. & cert. ef. 1-9-92
HSG 3-1991, f. & cert. ef. 9-4-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 2-1990, f. & cert. ef. 2-5-90

Or. Admin. R. 813-047-0015 Application Review

(1) The Department may, within 30 calendar days of receipt of an application, approve the application or request additional information from the applicant. If within this 30-day period, the Department takes no formal action on the application or has not requested additional information, the application will be deemed denied.

(2) In reviewing applications, the Department may consider, in addition to any special evaluation criteria described in the applicable solicitation, the following (as appropriate or required):

(a) Amount of available funds in the Program;

(b) Availability of other sources of assistance, including In-Kind Contributions, in excess of the minimum required;

(d) Compliance with any statutorily-required geographic preferences;

(e) In the case of the Human Investment Strategies Grants, the appropriateness and effectiveness of the proposed activities for the Targeted Area;

(f) Appropriateness of the organizational develop proposed;

(g) Appropriateness of the proposed activities to meet the housing, human services, or Community Economic Revitalization needs of residents within the Service Area;

(h) The number of Low and Moderate Income persons to be assisted;

(i) Documentation of local coordination efforts focused at avoiding duplication of existing services and meeting the unmet needs; and

(j) In the case of the Human Investment Strategies Grants, documentation of coordination with local housing interests including, but not limited to, Community Action Agencies, Community Development Corporations, housing development corporations, and the local governing jurisdiction or jurisdictions.

(3) The Department will select those applications which, in the judgment of the Department, comply with the requirements and best achieve the purposes of the Program, the Act, OAR 813, division 047, and any evaluation criteria outlined in the applicable program solicitation.

(4) The Department will give preference to a Community Development Corporation that:

(a) Has a defined geographic service area in Multnomah, Washington, Clackamas, Lane, Linn, Douglas, Jackson or Marion counties that does not include more than 50,000 people; or

(b) Has a defined geographic service area in any other county that does not include more than 75,000 people; and

(c) Can demonstrate support from the community. Acceptable demonstrations of support must be in writing and may include, but are not limited to, organizational letters, personal statements, or written commitments of project contributions.

History

Statutory/Other Authority: ORS 458.210 - 458.240
Statutes/Other Implemented: ORS 458.210 - 458.240
OHCS 7-2003, f. & cert. ef. 5-16-03
OHCS 14-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03
HSG 7-1992, f. & cert. ef. 6-16-92
HSG 2-1992(Temp), f. & cert. ef. 1-9-92
HSG 3-1991, f. & cert. ef. 9-4-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 2-1990, f. & cert. ef. 2-5-90

Or. Admin. R. 813-047-0020 Grant

(1) The Department will confirm to the applicant in writing the amount of assistance, if any, to be provided from the Program. In the grant award letter, the Department will inform grant recipients of their eligibility to apply for additional grant funding from the Program within the same biennium. A grant is awarded subject to execution by the grant recipient and the Department of a grant award contract in form and substance satisfactory to the Department and such other documents as the Department considers appropriate or necessary to evidence the type and amount of assistance provided.

(2) Grant funds will be used:

(a) In the case of Initial Planning Grants, to provide funds for the purpose of payment of rent, staff salaries and benefits, office supplies and expenses, legal fees, filing fees, and other such expenses incurred by or on behalf of a CBO during its initial planning phase;

(b) In the case of Capacity Building Grants, to provide funds for the purpose of payment of expenses incurred by or on behalf of a CBO for development or expansion of projects or programs, or expanding the organizational capacity of a CBO, such as expenses for additional staff, training, or capital outlay; and

(c) In the case of Human Investment Strategies Grants, to provide funds for training and employment programs directly involved with the delivery of Community-Based Social Services (including, but not limited to, early childhood development, health care, services for the elderly, services for youth, services for substances abuse, and services for the developmentally disabled) to residents of a Targeted Area; additional staff for the development of a Human Investment Strategies Grant project; expanding a CBO’s organizational capacity to administer a Human Investment Strategies Grant; and overhead, training, or capital outlay costs associated with the development of a Human Investment Strategies Grant project.

(3) The Department may establish such performance criteria, reporting requirements, termination provisions, remedies, including but not limited to suspension or termination of funding, and any other terms and conditions as the Department considers appropriate or necessary for the type and use of assistance provided.

History

Statutory/Other Authority: ORS 458.210 - 458.240
Statutes/Other Implemented: ORS 458.210 - 458.240
OHCS 7-2003, f. & cert. ef. 5-16-03
OHCS 14-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03
HSG 7-1992, f. & cert. ef. 6-16-92
HSG 2-1992(Temp), f. & cert. ef. 1-9-92
HSG 3-1991, f. & cert. ef. 9-24-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 2-1990, f. & cert. ef. 2-5-90

Or. Admin. R. 813-047-0025 Waiver

The Director may waive or modify any requirements of OAR 813, division 47, including any waiver or modification as may be necessary or convenient to comply with the rules, regulations or procedures prescribed by any source of funds for the Program, unless such waiver or modification would violate applicable federal or state statutes or regulations.

History

Statutory/Other Authority: ORS 458.210 - 458.240
Statutes/Other Implemented: ORS 458.210 - 458.240
OHCS 7-2003, f. & cert. ef. 5-16-03
OHCS 14-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03
Reverted to HSG 3-1991, f. & cert. ef. 9-24-91
HSG 2-1992(Temp), f. & cert. ef. 1-9-92
HSG 3-1991, f. & cert. ef. 9-24-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 2-1990, f. & cert. ef. 2-5-90

Division 48 HOUSING REVITALIZATION PROGRAM

Or. Admin. R. 813-048-0005 General Purpose

The rules of OAR 813, division 048 are established to accomplish the general purpose of ORS 458.305 to 458.310, specifically 458.310, which authorize the Department to establish a Housing Revitalization Program to carry out the purposes of the Act by contract, grant, loan, or as otherwise determined necessary by the Department. The Housing Revitalization Program’s objective is to provide assistance to nonprofit organizations, housing authorities, units of local government, or any other organization which may be eligible under the provisions of ORS 458.310(1)(a)(D) to develop housing revitalization programs using vacant, abandoned, or rehabitable substandard property to increase affordable housing for persons earning 80% or less of the median income level. The Housing Revitalization Program may provide assistance for low income home ownership, and for affordable rental properties.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 458.305 - 458.310
HSG 8-1991, f. & cert. ef. 12-23-91

Or. Admin. R. 813-048-0010 Definitions

All words and terms are used in OAR 813, division 48 as defined in the Act, and as provided by 813-005-0005 and herein. As used in these rules, unless the context indicates otherwise:

(1) “Act” means ORS 458.305 to 458.310.

(2) “Applicant” means a unit of local government, a housing authority, a Nonprofit Corporation, or an applicant which is eligible pursuant to ORS 458.310(D), who contracts with another entity, including a private for-profit corporation.

(3) “Low Income” means an adjusted annual household income, as defined in 42 U.S.C. 1437, which does not exceed 50 percent of the median household income for the area, as determined by the Department of Housing and Urban Development with allowances for family size.

(4) “Moderate Income” means an adjusted annual household income, as defined in 42 U.S.C. 1437, which does not exceed 80 percent of the median household income for the area, as determined by the Department of Housing and Urban Development with allowances for family size.

(5) “Multifamily Housing” means housing containing more than one living unit for Low and Moderate income families or persons, and/or disabled persons, but not providing licensed care.

(6) “Nonprofit Corporation” means an organization which is established under the provisions of ORS Chapter 65, or a Housing Authority, or a Community Action Department, or a Community Development Corporation, or other nonprofit or governmental entity representing or seeking to serve the housing needs of a clearly-defined population and area.

(7) “Rural Area” means an incorporated or unincorporated area with a population area of 20,000 or less.

(8) “Single Family Housing” means a housing unit intended and used for occupancy by one household and the property on which it is located. This shall be real property located in the State of Oregon. Single family housing may include a single-family residence, condominium unit, a dwelling in a Planned Unit Development (PUD), or a mobile or manufactured home which has a minimum of 400 square feet of living space and minimum width in excess of 102 inches and is of a kind customarily used at a fixed location.

(9) “Substandard Property” means a housing unit or units which meet the definition of dilapidated housing pursuant to the U.S. Department of Housing and Urban Development (HUD) Section 8 Housing Assistance Program which includes, but is not limited to the following:

(a) Does not provide safe and adequate shelter; and

(b) Endangers the health, safety, or well-being of a family; or

(c) Has one or more critical defects, or a combination of intermediate defects in sufficient number or extent to require considerable repair or rebuilding. The defects may involve original construction, or they may result from continued neglect or lack of repair, or from serious damage to the structure; or

(d) A comparable local definition of substandard housing.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 458.305 - 458.310 & specifically ORS 458.310(1)(a)(D)
HSG 8-1991, f. & cert. ef. 12-23-91

Or. Admin. R. 813-048-0015 Eligibility for Housing Revitalization Program Funds

(1) The Department may provide funds from the Housing Revitalization Program subject to availability of funds in the Program and limitations otherwise prescribed by law, and only for the purposes specified or allowed in the Act.

(3) Projects or programs eligible for assistance from the Housing Revitalization Program shall bring into use vacant and abandoned property or rehabilitate Substandard Property, or both. Eligible activities include, but are not limited to, the following:

(a) Purchase of property;

(b) Rehabilitation of housing units;

(d) Mortgage interest subsidies or reduction of principal loan amounts; or

(e) Other activities that have the effect or making properties available to and occupied by persons of Low and Moderate Income, such as loan guarantees.

(4) Eligible properties include owner-occupied or rental Single Family or Multifamily Housing.

(5) Rental housing provided under the program shall have rent levels no higher than 30 percent of 80 percent of median income levels.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 458.305 - 458.310 & specifically ORS 458.310(1)(a)(D)
HSG 8-1991, f. & cert. ef. 12-23-91

Or. Admin. R. 813-048-0020 Application Procedure and Requirements

(1) The Department may from time to time solicit applications for Housing Revitalization Program funds, and may, in its discretion, consider for funding only applications received as a response to such solicitation.

(2) All applications for assistance from the Housing Revitalization Program shall be in writing to the Department, and shall contain at a minimum the following information:

(a) Name, address, and telephone number of the Applicant;

(b) Amount and type of assistance requested; and

(3) If the Department receives applications in an amount greater than the amount of funds available, the Department shall select those applications which, in the judgement of the Department, best achieve the purposes of the Housing Revitalization Program rules and the Act.

(4) In disbursing Housing Revitalization Program funds, the Department shall give priority within the solicitation rating criteria as established in statutory provision ORS 458.310(2) and (3) to:

(a) Rental Housing which has rent levels no higher than 30 percent of 50 percent of median income levels, or less;

(b) Rental Housing which is owned and operated by a nonprofit or governmental unit; and

(c) Projects or programs which demonstrate a coordinated local effort to integrate housing, job placement, and social services. Documentation of local efforts shall include, but is not limited to written agreements, or letters outlining coordination efforts between participants; and

(d) Projects that provide opportunities for Low and Moderate Income persons to own their housing units.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 458.305 - 458.310 & specifically ORS 458.310(1)(a)(D)
HSG 8-1991, f. & cert. ef. 12-23-91

Or. Admin. R. 813-048-0025 Application Review

(1) For loans or grants where the amount requested from the Housing Revitalization Program does not exceed $100,000, or any other form of assistance, the Department shall consider the application and approve, disapprove, or request additional information on the application within 30 calendar days of receipt of the application.

(2) For loans or grants where the amount requested from the Housing Revitalization Program is in excess of $100,000, the Department shall consider the application and approve, disapprove or request additional information on the application within 30 calendar days or receipt of the application. If the Department proposes to make the loan or grant, it shall submit the loan or grant it proposes to make to the Housing Stability Council for review. The Housing Stability Council shall approve or disapprove the loan or grant at a public hearing of the Council, pursuant to ORS 456.571(2). The Department shall advise the Applicant in writing of the action taken by the Housing Stability Council within 15 calendar days of such meeting.

(3) In reviewing applications for assistance, the Department and the Housing Stability Council, as appropriate, may consider, but are not limited to, the following:

(a) Amount of available funds in the Housing Revitalization Program;

(b) Availability of other sources of assistance;

(d) Involvement of federal, state or local government agencies, nonprofit housing or social service agencies;

(e) Geographic area affected;

(f) Number and type of housing units to be provided or number of persons to be housed;

(g) Administrative costs and/or responsibilities imposed on the Department in connection with the assistance provided; and

(h) Type and number of households to be assisted.

(4) In accordance with ORS 458.310(4), the Housing Stability Council shall assure a reasonable geographic distribution of funds among different regions of the state and shall place special emphasis on assuring that funds are available to projects in Rural Areas.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 458.305 - 458.310 & specifically ORS 458.310(1)(a)(D)
HSG 8-1991, f. & cert. ef. 12-23-91

Or. Admin. R. 813-048-0030 Form of Assistance

(1) The Department shall confirm to the Applicant in writing the type of assistance, if any, to be provided from the Housing Revitalization Program. Assistance may be in the form of, but is not limited to, loans, grants, or contract agreements.

(2) The Department may establish fees, premiums, interest rates, repayment terms, performance criteria and reporting requirements as the Department considers appropriate or necessary for the type and use of assistance provided. The Department shall specify such terms and conditions to the Applicant in writing before funds are advanced or contractual agreements signed.

(3) The Department may require the Applicant to execute such documents as the Department considers appropriate or necessary to evidence the type and amount of assistance provided, and any terms and conditions agreed to in connection with such assistance.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 458.305 - 458.310 & specifically ORS 458.310(1)(a)(D)
HSG 8-1991, f. & cert. ef. 12-23-91

Division 51 HOUSING STABILIZATION PROGRAM (HSP)

Or. Admin. R. 813-051-0000 Purpose and Objectives

The purpose of OAR chapter 813, division 51 of the administrative rules is to implement the Housing Stabilization Program (HSP). HSP is one homelessness relief program, which is funded through federal Temporary Assistance for Needy Family (TANF) funds provided through an interagency agreement with the Oregon Department of Human Services (DHS) and, by agreement with DHS, is administered by OHCS. The purpose of HSP is to fund local homeless programs that assist households who are homeless or unstably housed, to attain housing stability.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 45 CFR 260-265
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 32-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 10-2015, f. & cert. ef. 8-25-15
OHCS 15-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 4-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 4-2002, f. & cert. ef. 5-15-02
OHCS 6-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02

Or. Admin. R. 813-051-0010 Definitions

Terms used throughout this division (OAR 813-051) may be defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions, except as defined below:

(1) "Eligible family household" or "Family household" means a TANF receipient with low income, an eligible dependent child or children, including a single pregnant woman in the month of her due date, living together as one economic unit.

(2) "Homeless" means an individual, family or household that lacks a fixed, regular, and/or adequate nighttime residence in accordance with department categorical definitions. Categorical definitions are contained in the program manual.

(3) "Homeless Management Information System" or "HMIS" is defined in 24 CFR 576.2.

(4) "HSP" means the Housing Stabilization Program administered by OHCS pursuant to this division and other applicable law.

(5) "HSP Manual" or "Program manual" means the Housing Stabilization Program Operations Manual, as described in OAR 813-051-0015.

(6) "HSP requirements" means these administrative rules; all funding agreement terms and conditions; OHCS directives (including deficiency notices); the HSP Manual requirements; and applicable state, local, and federal laws and requirements.

(7) "HSP services" means services as defined in OAR 813-051-0040 and the HSP Manual, which are eligible activities with HSP funding.

(8) "Maintenance of effort" means Department of Human Services for the state of Oregon (DHS) allowable nonfederal cash and in-kind contributions used to supplement program services in an amount that equals the subgrantee agency's program allocation as defined in the program manual and approved by the department.

(9) “Subgrantee” means person, entity, or party that enters into a contract, loan agreement, or grant agreement directly with OHCS to receive funds to administer the HSP Program.

(10) “Subrecipient” means organization as defined in ORS 458.610(6) that works with, collaborates with, or enters into a direct agreement with the subgrantee to provide services under the HSP Program.

(11) "Unstably housed" means an individual or family who is rent-burdened, defined as paying more than 30% of their gross income in rent; or is currently paying more than the Fair Market Rent, defined by HOME FMRs or is at risk of losing their housing and does not otherwise qualify as homeless or imminent risk, has been notified to vacate their current residence or otherwise demonstrates a high risk of losing their current housing and lacks the resources or support networks to obtain other permanent housing.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 45 CFR 260-265, 24 CFR 576.2 & ORS 458.610
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 2-2023, amend filed 03/01/2023, effective 03/01/2023
OHCS 8-2020, amend filed 05/07/2020, effective 05/07/2020
OHCS 32-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 14-2018, amend filed 09/05/2018, effective 09/05/2018
OHCS 10-2015, f. & cert. ef. 8-25-15
OHCS 15-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 4-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 4-2002, f. & cert. ef. 5-15-02
OHCS 6-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02

Or. Admin. R. 813-051-0015 Manuals

Effective on July 1, 2025, the Housing Stabilization Program Operations Manual (HSP Manual) with the requirements and standards therein, is incorporated into and adopted as part of division 813-051-0015 of the department's administrative rules, 813-051-0000 to 813-051-0090. The HSP Manual, dated July 1, 2023, previously incorporated into and adopted as part of these administrative rules remains in effect until July 1, 2025, on which date it is repealed. The HSP Manual may be accessed online at the OHCS website.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 45 CFR 260-265
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 2-2023, amend filed 03/01/2023, effective 03/01/2023
OHCS 21-2020, amend filed 10/27/2020, effective 10/27/2020
OHCS 8-2020, adopt filed 05/07/2020, effective 05/07/2020

Or. Admin. R. 813-051-0020 Administration

(1) OHCS may contract with subgrantees to provide eligible HSP services (see OAR 813-051-0040) in service areas in such manner to provide holistic coverage statewide without duplication or overlap of services.

(2) OHCS will allocate HSP funds to all subgrantees through a formula established by OHCS prior to the allocation process. OHCS reserves the right to modify such formula at any time in its sole discretion.

(3) A subgrantee may establish subrecipients that meet the requirements of ORS 458.610(6) to provide eligible HSP services in the subgrantee’s service area.

(4) Subgrantees shall, at a minimum, provide HSP services to eligible applicants or households that meet HSP requirements. Whenever appropriate, subgrantees may assist eligible households in accessing other services designed to stabilize housing.

(5) Subgrantee representatives must attend and participate in HSP-related training made available or conducted by OHCS, when required.

(6) A designated portion of HSP funds are reserved for subgrantees and their subrecipients to use for administrative costs. Subgrantees and their subrecipients may expend up to a determined amount as authorized by OHCS and outlined in the funding agreement.

(7) Subgrantees must collaborate with their local Department of Human Services (DHS) field office(s) and develop a referral process for the purpose of identifying eligible family households, submitted with the funding application and requiring approval by OHCS, in writing.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 45 CFR 260-265 & ORS 458.610
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 32-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 10-2015, f. & cert. ef. 8-25-15
OHCS 15-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 4-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 4-2002, f. & cert. ef. 5-15-02
OHCS 6-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02

Or. Admin. R. 813-051-0030 Applicant Eligibility

(1) HSP services shall be made available to family households who are receipients of Temporary Assistance for Needy Families (TANF) federal grant funds and are residents of Oregon.

(2) Specific requirements and documentation to provide proof of eligibility for HSP services are detailed in the HSP Manual.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 45 CFR 260-265
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 32-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 22-2019, minor correction filed 07/03/2019, effective 07/03/2019
OHCS 10-2015, f. & cert. ef. 8-25-15
OHCS 15-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 4-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 4-2002, f. & cert. ef. 5-15-02
OHCS 6-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02

Or. Admin. R. 813-051-0040 Use of Funds

(1) Use of HSP funds must be in compliance with HSP requirements for eligible family households.

(2) To the extent of available funding, eligible HSP services include, but are not limited to:

(a) Housing costs; and

(b) Program delivery.

(3) Subgrantees will supplement the program by providing maintenance of effort. OHCS reserves the right to establish the amount of maintenance of effort required for the subgrantees to provide.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 45 CFR 260-265
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 32-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 10-2015, f. & cert. ef. 8-25-15
OHCS 15-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 4-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 4-2002, f. & cert. ef. 5-15-02
OHCS 6-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02

Or. Admin. R. 813-051-0050 Application for Funding; Funding Agreement

(1) Prior to providing any HSP services using OHCS funding, subgrantees must submit biennially an application for funding to OHCS. A funding agreement must be approved by OHCS in writing before being operative.

(2) Applications for funding must meet all requirements of form and content as established by OHCS. At a minimum, an application must include a subgrantee’s proposed activities for eligible households, anticipated expenditures, and any other information as OHCS may require specific to HSP funding. Subgrantees must adhere to OHCS requirements and deadlines for submitting an application. An application is subject to approval, with or without modifications, or disapproval by OHCS.

(3) OHCS will not approve any application for funding for HSP unless it meets sufficiency requirements. Sufficiency is based on the quantity, thoroughness and quality of performance that is satisfactory to OHCS. This includes, but is not limited to, providing relevant information necessary for OHCS to assess the subgrantee’s compliance with all HSP requirements and any other standards, goals, and requirements established by OHCS.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 45 CFR 260-265
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 32-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 10-2015, f. & cert. ef. 8-25-15
OHCS 15-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 4-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 4-2002, f. & cert. ef. 5-15-02
OHCS 6-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02

Or. Admin. R. 813-051-0060 Recordkeeping and Compliance Monitoring

(1) Subgrantees and their subrecipients must maintain accurate financial records satisfactory to OHCS and consistent with HSP requirements, which document the receipt and disbursement of all HSP funds by OHCS. Subgrantees must have an accounting system in place satisfactory to OHCS, and implement an approved Homeless Management Information System (HMIS) database for data and fiscal entry.

(2) Subgrantees and their subrecipients must maintain other HSP records satisfactory to OHCS and consistent with HSP requirements, which include, but are not limited to, documentation of household eligibility, receipt of allowable HSP services, termination of services and the basis for same, housing status, administrative actions, contracts with subrecipients, review of subrecipient performance, action taken with respect to deficiency notices, and any administrative review proceedings. Such records must be satisfactory to OHCS in substance and format.

(4) To ensure proper compliance and monitoring of HSP, subgrantees and their subrecipients must:

(a) Furnish representatives of OHCS, the Oregon Secretary of State's Office, Oregon Depatment of Human Services, the federal government, and their duly authorized representatives access to and permit copying of all electronic and hardcopy books, accounts, documents, and records and allow reasonable access to the project and other property pertaining to HSP, at any such representative’s request.

(b) Cooperate fully in any inspections or other monitoring actions taken by OHCS, the Oregon Secretary of State's Office, Oregon Department of Human Services, the federal government, and their duly authorized representatives.

(5) OHCS will conduct reviews, audits, and other compliance monitoring as it deems appropriate with respect to each subgrantee and its subrecipients to verify compliance with the HSP requirements. Subgrantees and their subrecipients must cooperate fully with OHCS in its compliance monitoring activities.

(6) Subgrantees must require by contract, and monitor their subrecipients’ compliance with, all HSP requirements including, but not limited to, recordkeeping and retention of records and OHCS compliance monitoring and enforcement.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 45 CFR 260-265
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 32-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 10-2015, f. & cert. ef. 8-25-15
OHCS 15-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 4-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 4-2002, f. & cert. ef. 5-15-02
OHCS 6-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02

Or. Admin. R. 813-051-0070 Remedies

(2) To remedy any identified deficiencies, OHCS:

(a) May issue a deficiency notice notifying a subgrantee of deficiencies identified and provide documentation for the basis of such determination and the specific deficiency or deficiencies that must be corrected;

(b) May require the subgrantee to correct any deficiencies in a manner and time frame satisfactory to OHCS;

(3) OHCS may provide adequate notice to a subgrantee of remedial action that will terminate or reduce a subgrantee’s eligibility for HSP funding. OHCS may provide the subgrantee an initial opportunity to appeal to the director of the Housing Stabilization Division of OHCS, whose decision may be deferred to the director of OHCS.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 45 CFR 260-265 & ORS 458.505
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 32-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 21-2019, minor correction filed 07/03/2019, effective 07/03/2019
OHCS 10-2015, f. & cert. ef. 8-25-15
OHCS 15-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 4-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 4-2002, f. & cert. ef. 5-15-02
OHCS 6-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02

Or. Admin. R. 813-051-0080 Challenge of Subgrantee Action

(1) Any household aggrieved by a subgrantee administering or providing HSP services may challenge the subgrantee's action by entering the subgrantee's administrative review process (see OAR 813-051-0090). Any household who received either an unsatisfactory determination or refusal of a review by the subgrantee may submit a written request to OHCS within 30 days of receiving the notice of review determination or refusal by the subgrantee to provide such administrative review.

(4) Upon accepting the review request, OHCS may make a determination on such review request and require such remedial action as OHCS determines, in its sole discretion, to be appropriate.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 45 CFR 260-265
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 32-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 10-2015, f. & cert. ef. 8-25-15
OHCS 15-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 4-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 4-2002, f. & cert. ef. 5-15-02
OHCS 6-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02

Or. Admin. R. 813-051-0090 Review by Subgrantee

(1) Subgrantees must establish in writing a process satisfactory to OHCS that enables all potentially eligible households, having received HSP services or not, to contest a determination by the subgrantee or its subrecipients that either denies, limits, terminates, or modifies HSP services.

(2) An aggrieved household may request a formal review of a subgrantee’s or its subrecipients’ action (as described in subsection (1) above). The subgrantee must allow a minimum of 30 days, from the time of the requested review or the aggrieved household’s discovery of such action, for which an aggrieved household requests review. The ultimate determination of an aggrieved household’s discovery period is reserved to OHCS, in its sole discretion.

(3) A household remaining aggrieved after such review may request further review of the subgrantee's actions by OHCS (see OAR 813-051-0080).

(4) The subgrantee must inform OHCS and the aggrieved party in writing of any final review determination made by the subgrantee, and the basis for same, within 10 days of such final determination.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 45 CFR 260-265
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 2-2023, amend filed 03/01/2023, effective 03/01/2023
OHCS 32-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 10-2015, f. & cert. ef. 8-25-15
OHCS 15-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 4-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 4-2002, f. & cert. ef. 5-15-02
OHCS 6-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02

Division 52 HOMEOWNERSHIP DEVELOPMENT INCUBATOR PROGRAM (HDIP)

Or. Admin. R. 813-052-0000 General Purpose

The rules of OAR 813, division 52 establish and implement the Homeownership Development Incubator Program (HDIP), the purpose of which is to provide grants and low-interest loans to create new homeownership opportunities for Oregonians.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.561
OHCS 13-2023, adopt filed 06/07/2023, effective 06/07/2023
OHCS 31-2022, temporary adopt filed 12/05/2022, effective 12/12/2022 through 06/09/2023

Or. Admin. R. 813-052-0005 Definitions

The following definitions and those in ORS Chapters 456 and 458 apply to OAR Chapter 813, unless the context indicates otherwise, or the term is otherwise defined in a subsequent division:

(1) "Affordability Period" means the period during which a project assisted with HDIP funds must remain affordable to low to moderate income residents.

(2) "Capacity Building Grant" means a grant that is used to increase or broaden an entity’s capacity to meet the housing needs of its service area.

(3) “Native American Tribe” or “Indian Tribe” (“Tribe”) means a federally recognized Indian tribe in Oregon, as defined in ORS 182.162.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.561
OHCS 13-2023, adopt filed 06/07/2023, effective 06/07/2023
OHCS 31-2022, temporary adopt filed 12/05/2022, effective 12/12/2022 through 06/09/2023

Or. Admin. R. 813-052-0010 Eligibility for Homeownership Development Incubator Program Funds

(1) The department may distribute HDIP program funds consistent with OAR chapter 813 pursuant to relevant solicitation documents including, but not limited to a Notice of Funding Availability (“NOFA”) or as otherwise determined by the department. Funding may take the form of a grant, loan or otherwise as the department determines necessary or appropriate, for financing assistance with respect to the development or rehabilitation of affordable homes for purchase.

(2) Subject to the limitations of any specific solicitation or distribution, any of the following entities may apply for HDIP funding with respect to the financing of affordable homes:

(a) A nonprofit corporation established under ORS chapter 65;

(b) A housing authority established under ORS 456.055 to 456.235;

(d) A for-profit entity; or

(e) A Native American tribe, as defined in ORS 182.162

(3) Subject to the limitations of any specific solicitation or distribution, any entity including, but not limited to those identified in subsection (2) is eligible to apply for HDIP assistance to:

(a) enhance their capacity to develop affordable homeownership opportunities throughout Oregon;

(b) build affordable homes for purchase;

(d) other eligible uses that expand homeownership opportunities for Oregonians as specified in the solicitation.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.561
OHCS 13-2023, adopt filed 06/07/2023, effective 06/07/2023
OHCS 31-2022, temporary adopt filed 12/05/2022, effective 12/12/2022 through 06/09/2023

Or. Admin. R. 813-052-0020 Application Procedures

(1) The department may require payment of a non-refundable application charge from any applicant requesting HDIP funds through a formal solicitation or otherwise.

(2) The department may require payment of other charges with respect to its reasonably anticipated costs in processing applications, coordinating programs or with other project participants, providing funding, negotiating documents, monitoring compliance, evaluating and documenting transfers, or otherwise. The department may require payment of a supplemental application charge from applicants requesting additional resources for projects that have already been funded by the department.

(3) The department may refuse to process applications or terminate processing if it determines an application to be incomplete or that it fails to satisfy threshold standards for further processing.

(4) An applicant shall submit to the department, on the application form and in accordance with the application process prescribed by the department, such information as the department may require, including but not limited to:

(a) The name, address and telephone number of applicant;

(b) The type of assistance requested;

(c) A written description of the project, including the number of units, site location, amenities, and any other information requested by the department.

(d) A pro forma of project income and expenses;

(e) The amount of funding requested and total project costs, including a description and documentation of all project funding sources and uses;

(f) A narrative of the applicant's experience in developing affordable housing, including the experience of all members of the project development team;

(g) A description of the applicant's readiness to proceed with project activities;

(h) A schedule for completion of project activities;

(i) A description of planned and/or completed outreach to communities that are under-represented as homeowners within Oregon to ensure they are aware of the new homeownership opportunities created by the project.

(5) The department may restrict the amount and/or type of assistance available in any solicitation or other provision of assistance and restrict the type or number of applicants or recipients eligible for assistance in a particular funding process.

(6) If the Department receives applications in an amount greater than the amount of funds available, the Department shall select those applications which, in the judgment of the Department, best achieve the purposes of the Homeownership Development Incubator Program.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.561
OHCS 13-2023, adopt filed 06/07/2023, effective 06/07/2023
OHCS 31-2022, temporary adopt filed 12/05/2022, effective 12/12/2022 through 06/09/2023

Or. Admin. R. 813-052-0030 Application Review

(1) An application for assistance from the HDIP program is subject to the department’s evaluation and approval, disapproval or modification according to criteria in the solicitation documents or otherwise that may include, but are not limited to the following:

(a) The amount of available funds;

(b) The availability of other sources of assistance;

(d) Whether the project is financially feasible and the financial strength and history of the prospective recipient;

(e) The location of the project site;

(f) Availability of street, sewer, water, utilities and other public services;

(g) Architectural design, including aesthetic quality, soundness of construction, energy efficiency, and suitability to the needs of the potential homeowners;

(h) Compliance with OHCS construction standards, land use regulations, housing codes and other applicable standards;

(i) The target community to be served;

(j) The experience of the developer, contractors, architects, consultants and management agent in developing, constructing housing projects;

(k) The department's experience with and the reputation, experience, capacity and legal history and status of the applicant and its agents, representatives, employees and contractors;

(l) Whether the project in comparison to others best achieves the purposes of the HDIP program;

(m) Other factors that the department determines to be relevant including, but not limited to any evaluation criteria in the solicitation documents.

(2) If the department approves an application in whole or in part and if the amount of the HDIP assistance meets or exceeds the threshold amount established in OAR 813-001-0007(1) for review by the Housing Stability Council, the approval of HDIP assistance by the department is subject to review and approval by the council. The council may approve, deny, modify or further condition funding subject to its review. Based upon any relevant council determination, approval of HDIP funding may be deemed revoked, or be modified and further conditioned.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.561
OHCS 13-2023, adopt filed 06/07/2023, effective 06/07/2023
OHCS 31-2022, temporary adopt filed 12/05/2022, effective 12/12/2022 through 06/09/2023

Or. Admin. R. 813-052-0040 Form of Assistance

(1) The department may provide HDIP funds in the form of a grant or a loan, or a combination of both. Loan rates and terms, if applicable shall be determined by the department based on a project's or applicant’s needs and cash flow, other funding resources, market conditions and an applicant's capacity to repay HDIP funds. Preference may be given to those applicants requesting loans that show sufficient project cash flow to repay the loan.

(2) The department normally will notify an applicant in a written reservation letter as to the amount and form of HDIP assistance, if any, to be provided, together with notable conditions. Such reservation commitments remain subject to department rules, solicitation requirements, applicable law, and the negotiation, execution and recording (if required) of documents satisfactory to the department.

(3) Each recipient of project development assistance shall, among other things, execute funding agreements satisfactory to the department including, but not limited to a project use agreement, containing such terms regarding fees, interest rates, repayment terms, performance criteria, reporting requirements, restrictive covenants, and other terms as the department considers appropriate or necessary for the type and use of assistance provided.

(4) The department may require a recipient to execute and record such funding documents satisfactory to the department as it considers appropriate in its sole discretion.

(5) If the terms and conditions upon which the assistance was approved or provided are not met, the Department may, upon written notice, immediately revoke approval of the use of the HDIP funds, and/or require repayment of all or a portion of the funds advanced, if any.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.561
OHCS 13-2023, adopt filed 06/07/2023, effective 06/07/2023
OHCS 31-2022, temporary adopt filed 12/05/2022, effective 12/12/2022 through 06/09/2023

Division 53 ELDERLY RENTAL ASSISTANCE PROGRAM (ERA)

Or. Admin. R. 813-053-0000 Purpose and Objectives

The purpose of OAR chapter 813, division 53 of the administrative rules is to implement the Elderly Rental Assistance Program (ERA). ERA is administered through ORS 458.375. The purpose of ERA is to fund local homeless prevention programs that assist very-low-income elderly households, who are unstably housed, to attain housing stability.

History

Statutory/Other Authority: ORS 458.375
Statutes/Other Implemented: ORS 458.620, 458.650 & 458.610
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 36-2019, amend filed 11/26/2019, effective 11/26/2019
OHCS 9-2017, adopt filed 11/07/2017, effective 11/07/2017
OHCS 4-2017(Temp), f. & cert. ef. 6-20-17 thru 12-16-17

Or. Admin. R. 813-053-0010 Definitions

Terms used throughout this division (OAR 813-053) may be defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions, except as defined below:

(1) "Elderly household" means an individual living alone, a family with or without children, or a group of individuals who are living together as one economic unit, where at least one member of the household is age 58 or older.

(2) "ERA" means the Elderly Rental Assistance program administered by the OHCS pursuant to this division and other applicable law.

(3) "ERA requirements" means these administrative rules; all funding agreement terms and conditions; OHCS directives (including deficiency notices); the ERA Manual requirements; and applicable state, local, and federal laws and requirements.

(4) "ERA services" means services as defined in OAR 813-053-0040 and the ERA Manual, which are eligible activities with ERA funding.

(5) "Homeless Management Information System" or "HMIS" is defined in 24 CFR 576.2.

(6) "Household income" means the total household income from all sources before taxes. Specific sources and deductions are outlined in the SHF Manual.

(7) "SHF Manual" or "Program manual" means the State Houseless Funds Program Operations Manual, as described in OAR 813-053-0015.

(8) “Subgrantee” means person, entity, or party that enters into a contract, loan agreement, or grant agreement directly with OHCS to receive funds to administer the ERA Program.

(9) “Subrecipient” means organization as defined in ORS 458.610(6) that works with, collaborates with, or enters into a direct agreement with the subgrantee to provide services under the ERA Program.

(10) "Unstably housed" means an individual or family who is rent-burdened, defined as paying more than 30% of their gross income in rent; or is currently paying more than the Fair Market Rent, defined by HOME FMRs or is at risk of losing their housing and does not otherwise qualify as homeless or imminent risk, has been notified to vacate their current residence, or otherwise demonstrates a high risk of losing their current housing and lacks the resources or support networks to obtain other permanent housing.

(11) "Very-low income household" means an annual household income that is at or less than 50% of the area median income based on HUD determined guidelines, adjusted for family size.

History

Statutory/Other Authority: ORS 458.375
Statutes/Other Implemented: 24 CFR 576.2, ORS 458.610, 458.620 & 458.650
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 2-2023, amend filed 03/01/2023, effective 03/01/2023
OHCS 8-2020, amend filed 05/07/2020, effective 05/07/2020
OHCS 36-2019, amend filed 11/26/2019, effective 11/26/2019
OHCS 18-2017, adopt filed 11/07/2017, effective 11/07/2017
OHCS 4-2017(Temp), f. & cert. ef. 6-20-17 thru 12-16-17

Or. Admin. R. 813-053-0015 Manuals

Effective on July 1, 2025, the State Houseless Funds Program Operations Manual (SHF Manual) with the requirements and standards therein, is incorporated into and adopted as part of division 813-053-0015 of the department's administrative rules, 813-053-0000 to 813-053-0090. The State Houseless Funds Program Operations Manual (SHF Manual), dated July 1, 2023, previously incorporated into and adopted as part of these administrative rules remains in effect until July 1, 2025, on which date it is repealed. The SHF Manual may be accessed online at the OHCS website.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 458.375
Statutes/Other Implemented: ORS 458.610, ORS 458.620 & 458.650
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 2-2023, amend filed 03/01/2023, effective 03/01/2023
OHCS 21-2020, amend filed 10/27/2020, effective 10/27/2020
OHCS 8-2020, adopt filed 05/07/2020, effective 05/07/2020

Or. Admin. R. 813-053-0020 Administration

(1) OHCS may contract with subgrantees to provide eligible ERA services (see OAR 813-053-0040) in such manner as to provide holistic coverage statewide without duplication or overlap of services.

(2) OHCS will allocate ERA funds to all subgrantees through a formula established by OHCS prior to the allocation process. OHCS reserves the right to modify such formula at any time in its sole discretion.

(3) A subgrantee may enter into agreements or collaborate with subrecipients that meet the requirements of ORS 458.610(6) to provide eligible ERA services in the subgrantee’s service area.

(4) Subgrantees shall, at a minimum, provide ERA services to eligible applicants or households that meet ERA requirements. Whenever appropriate, subgrantees may assist eligible households in accessing other services designed to stabilize housing.

(5) Subgrantee representatives must attend and participate in ERA-related training made available or conducted by OHCS, when required.

(6) A designated portion of ERA funds are reserved for subgrantees and their subrecipients to use for administrative costs. Subgrantees and their subrecipients may expend up to a determined amount as authorized by OHCS and outlined in the funding agreement.

History

Statutory/Other Authority: ORS 458.375
Statutes/Other Implemented: ORS 458.610, 458.620 & 458.650
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 36-2019, amend filed 11/26/2019, effective 11/26/2019
OHCS 17-2017, adopt filed 11/07/2017, effective 11/07/2017
OHCS 4-2017(Temp), f. & cert. ef. 6-20-17 thru 12-16-17

Or. Admin. R. 813-053-0030 Applicant Eligibility

(1) ERA services shall be made available to very low income elderly households that are homeless or unstably housed.

(2) A household member’s duration of Oregon residency or immigrant status shall not be considered as part of the eligibility criteria.

(3) Specific requirements and documentation to provide proof of eligibility for ERA services are detailed in the SHF Manual.

History

Statutory/Other Authority: ORS 458.375
Statutes/Other Implemented: 458.620 & 458.650
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 36-2019, amend filed 11/26/2019, effective 11/26/2019
OHCS 20-2019, minor correction filed 07/03/2019, effective 07/03/2019
OHCS 16-2017, adopt filed 11/07/2017, effective 11/07/2017
OHCS 4-2017(Temp), f. & cert. ef. 6-20-17 thru 12-16-17

Or. Admin. R. 813-053-0040 Use of Funds

(1) Use of ERA funding must be in compliance with ERA requirements for eligible households.

(2) To the extent of available funding, eligible ERA services include prevention of homelessness.

(3) Program service exclusions are provided for in the SHF Manual.

History

Statutory/Other Authority: ORS 458.375
Statutes/Other Implemented: ORS 458.620, 458.650 & 458.610
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 36-2019, amend filed 11/26/2019, effective 11/26/2019
OHCS 15-2017, adopt filed 11/07/2017, effective 11/07/2017
OHCS 4-2017(Temp), f. & cert. ef. 6-20-17 thru 12-16-17

Or. Admin. R. 813-053-0050 Application for Funding; Funding Agreement

(1) Prior to providing any ERA services using OHCS funding, subgrantees must submit biennially an application for funding to OHCS. A funding agreement must be approved by OHCS in writing before being operative.

(2) Applications for funding must meet all requirements of form and content as established by OHCS. At a minimum, an application must include a subgrantee’s proposed activities for eligible households, anticipated expenditures, and any other information as OHCS may require specific to ERA funding. Subgrantees must adhere to OHCS requirements and deadlines for submitting an application. An application is subject to approval, with or without modifications, or disapproval by OHCS.

(3) OHCS will not approve any application for funding for ERA unless it meets sufficiency requirements. Sufficiency is based on the quantity, thoroughness and quality of performance that is satisfactory to OHCS. This includes, but is not limited to, providing relevant information necessary for OHCS to assess the subgrantee’s compliance with all ERA requirements and any other standards, goals, and requirements established by OHCS.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.610, 458.620 & 458.650
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 36-2019, amend filed 11/26/2019, effective 11/26/2019
OHCS 14-2017, adopt filed 11/07/2017, effective 11/07/2017
OHCS 4-2017(Temp), f. & cert. ef. 6-20-17 thru 12-16-17

Or. Admin. R. 813-053-0060 Recordkeeping and Compliance Monitoring

(1) Subgrantees and their subrecipients must maintain accurate financial records satisfactory to OHCS and consistent with ERA requirements, which document the receipt and disbursement of all ERA funds by OHCS. Subgrantees must have an accounting system in place satisfactory to OHCS, and implement an approved Homeless Management Information System (HMIS) database for data and fiscal entry.

(2) Subgrantees and their subrecipients must maintain other ERA records satisfactory to OHCS and consistent with ERA requirements, which include, but are not limited to, documentation of household eligibility, receipt of allowable ERA services, termination of services and the basis for same, housing status, administrative actions, contracts with subrecipients, review of subrecipient performance, action taken with respect to deficiency notices, and any administrative review proceedings. Such records must be satisfactory to OHCS in substance and format.

(4) To ensure proper compliance and monitoring of ERA, subgrantees and their subrecipients must:

(b) Cooperate fully in any inspections or other monitoring actions taken by OHCS, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives.

(5) OHCS will conduct reviews, audits, and other compliance monitoring as it deems appropriate with respect to each subgrantee and its subrecipients to verify compliance with the ERA requirements. Subgrantees and their subrecipients must cooperate fully with OHCS in its compliance monitoring activities.

(6) Subgrantees must require by contract, and monitor their subrecipients’ compliance with, all ERA requirements including, but not limited to, recordkeeping and retention of records and OHCS compliance monitoring and enforcement.

History

Statutory/Other Authority: ORS 458.375
Statutes/Other Implemented: ORS 458.610, 458.620 & 458.650
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 36-2019, amend filed 11/26/2019, effective 11/26/2019
OHCS 13-2017, adopt filed 11/07/2017, effective 11/07/2017
OHCS 4-2017(Temp), f. & cert. ef. 6-20-17 thru 12-16-17

Or. Admin. R. 813-053-0070 Remedies

(1) OHCS reserves the right to identify deficiencies in the performance of any subgrantee or their subrecipients discovered during prorgram operations or compliance monitoring activities and take remedial action upon such subgrantees, including, but not limited to, modifying funding amount, reducing or withholding payment, suspending or recouping payment s or both, requiring a corrective action or additional activities necessary to satisfy its obligations or meet performance standards, initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief, exercise of its right of recovery of overpayments, declaring subgrantee ineligible for the receipt of future awards from OHCS, criminal action for misstatements or fraud, misfeasance, claims under the Oregon False Claims Act, or other culpable behavior, investigation, audit, and/or sanction by other governmental bodies, and terminating its funding agreement with a subgrantee and requiring repayment of ERA funding.

(2) To remedy any identified deficiencies, OHCS:

(b) May require the subgrantee to correct any deficiencies in a manner and time frame satisfactory to OHCS;

(3) OHCS may provide adequate notice to a subgrantee of remedial action that will terminate or reduce a subgrantee’s eligibility for ERA funding. OHCS may provide the subgrantee an initial opportunity to appeal to the director of the Housing Stabilization Division of OHCS, whose decision may be deferred to the director of OHCS.

History

Statutory/Other Authority: ORS 458.375
Statutes/Other Implemented: ORS 458.610, 458.620 & 458.650
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 36-2019, amend filed 11/26/2019, effective 11/26/2019
OHCS 19-2019, minor correction filed 07/03/2019, effective 07/03/2019
OHCS 12-2017, adopt filed 11/07/2017, effective 11/07/2017
OHCS 4-2017(Temp), f. & cert. ef. 6-20-17 thru 12-16-17

Or. Admin. R. 813-053-0080 Challenge of Subgrantee Action

(1) Any household aggrieved by a subgrantee administering or providing ERA services may challenge the subgrantee's action by entering the subgrantee's administrative review process (see OAR 813-053-0090). Any household who received either an unsatisfactory determination or refusal of a review by the subgrantee may submit a written request to OHCS within 30 days of receiving the notice of review determination or refusal by the subgrantee to provide such administrative review.

(4) Upon accepting the review request, OHCS may make a determination on such review request and require such remedial action as OHCS determines, in its sole discretion, to be appropriate.

History

Statutory/Other Authority: ORS 458.375
Statutes/Other Implemented: ORS 458.610, 458.620 & 458.650
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 36-2019, amend filed 11/26/2019, effective 11/26/2019
OHCS 11-2017, adopt filed 11/07/2017, effective 11/07/2017
OHCS 4-2017(Temp), f. & cert. ef. 6-20-17 thru 12-16-17

Or. Admin. R. 813-053-0090 Review by Subgrantee

(1) Subgrantees must establish in writing a process satisfactory to OHCS that enables all potentially eligible households, having received ERA services or not, to contest a determination by the subgrantee or its subrecipients that either denies, limits, terminates, or modifies ERA services.

(3) A household remaining aggrieved after such review may request further review of the subgrantee by OHCS (see OAR 813-053-0080).

(4) The subgrantee must inform OHCS and the aggrieved party in writing of any final review determination made by the subgrantee, and the basis for same, within 10 days of such final determination.

History

Statutory/Other Authority: ORS 458.375
Statutes/Other Implemented: ORS 458.610, 458.620 & 458.650
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 2-2023, amend filed 03/01/2023, effective 03/01/2023
OHCS 36-2019, amend filed 11/26/2019, effective 11/26/2019
OHCS 10-2017, adopt filed 11/07/2017, effective 11/07/2017
OHCS 4-2017(Temp), f. & cert. ef. 6-20-17 thru 12-16-17

Division 55 GENERAL HOUSING ACCOUNT

Or. Admin. R. 813-055-0001 Purpose

OAR chapter 813, division 55, is promulgated to carry out the allocation of monies deposited in the General Housing Account and to carry out the account’s purpose of meeting critical housing needs, building the organizational capacity of affordable housing partners throughout the state, and requiring equitable distribution of resources over time based on objective measures of need. Additional policies and instructions are outlined in the General Housing Account Program (GHAP) Manual dated October 2025 (the “GHAP Manual” or “Manual”), incorporated herein by reference. The Manual may be accessed online at the department’s website.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 456.555 & ORS 458.665
Statutes/Other Implemented: ORS 458.665, ORS 456.515 & ORS 456.725
OHCS 5-2026, amend filed 03/02/2026, effective 03/03/2026
OHCS 42-2025, temporary amend filed 10/01/2025, effective 10/01/2025 through 03/29/2026
OHCS 39-2024, amend filed 09/27/2024, effective 10/01/2024
OHCS 14-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024
OHCS 27-2023, amend filed 10/24/2023, effective 10/27/2023
OHCS 9-2023, temporary amend filed 04/26/2023, effective 04/27/2023 through 10/23/2023
OHCS 26-2022, temporary amend filed 10/17/2022, effective 10/17/2022 through 04/14/2023
OHCS 10-2018, minor correction filed 06/13/2018, effective 06/13/2018
OHCS 19-2017, amend filed 11/15/2017, effective 01/05/2018
OHCS 6-2017(Temp), f. & cert. ef. 7-20-17 thru 1-7-18
OHCS 37-2014, f. & cert. ef. 12-2-14
OHCS 28-2014(Temp), f & cert. ef. 6-5-14 thru 12-2-14
OHCS 23-2013, f. & cert. ef. 12-18-13
OHCS 13-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 5-2009, f. & cert. ef. 12-22-09

Or. Admin. R. 813-055-0010 Definitions

Certain terms used in this division are defined in the Act, OAR 813-005-0005, and herein. Other terms may be identified in the text of this division (including by incorporation), otherwise in chapter 813, or applicable law. As used in this division:

(1) "Indian", "Indian Tribe", "Native American" or "Native American Tribe" means federally recognized Native American tribes of Oregon, a tribally designated housing entity or housing authority within the tribe designated by the tribe to receive federal funds and administer its housing programs.

(2) "Local Government" means as referenced in ORS 197.015

(3) “Low income” means individual or households whose income is at or above 50 percent and below 80 percent of the median family income for the area, subject to adjustment for areas with unusually high or low incomes or housing costs, all as determined by the Council based on information from the United States Department of Housing and Urban Development.

(4) “Very low income” means individual or households whose income is at or below 50 percent of the median family income for the area, subject to adjustment for areas with unusually high or low incomes or housing costs, all as determined by the Council based on information from the United States Department of Housing and Urban Development.

History

Statutory/Other Authority: ORS 456.555 & ORS 458.665
Statutes/Other Implemented: ORS 458.665, ORS 456.515 & ORS 456.725
OHCS 39-2024, amend filed 09/27/2024, effective 10/01/2024
OHCS 32-2022, amend filed 12/15/2022, effective 12/15/2022
OHCS 14-2022, temporary amend filed 06/09/2022, effective 06/09/2022 through 12/05/2022
OHCS 8-2016, f. & cert. ef. 7-19-16
OHCS 23-2013, f. & cert. ef. 12-18-13
OHCS 13-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 5-2009, f. & cert. ef. 12-22-09

Or. Admin. R. 813-055-0020 Distribution of GHAP Funds; Eligibility

(1) The department may distribute GHAP program funds consistent with OAR chapter 813 pursuant to relevant solicitation documents including, but not limited to the Oregon Consolidated Application (ORCA), or as otherwise determined by the department. Funding may take the form of a grant, loan or otherwise as the department determines necessary or appropriate, for either or both of the following purposes:

(a) For financing assistance with respect to the construction, acquisition, rehabilitation or operation of affordable multifamily rental housing developments for low income households or very low income households.

(b) For expanding or building affordable rental housing development and operational capacity, by enhancing the capacity of non-profit entities, tribes, local governments as defined in ORS 197.015, and housing authorities to develop and operate affordable housing.

(2) Subject to the limitations of any specific solicitation or distribution, any of the following persons or entities may apply for GHAP assistance with respect to the financing of affordable multifamily rental housing developments:

(a) A nonprofit corporation established under ORS chapter 65;

(b) A housing authority established under ORS 456.055 to 456.235 (Definition of housing authorities);

(c) A local government as defined in ORS 197.015 (Definitions for ORS Chapters 195, 196, 197 and ORS 197A.300 to 197A.325);

(d) A manufactured dwelling park cooperative as established under ORS 62.800 to 62.815 (Shor Title) to 62.815 (Prohibited action);

(e) A for-profit entity;

(f) A Native-American tribe; or

(g) An individual.

(3) Subject to the limitations of any specific solicitation or distribution, any person or entity including, but not limited to those identified in subsection (2) is eligible to apply for GHAP assistance to enhance the capacity to develop affordable housing.

History

Statutory/Other Authority: ORS 456.555 & ORS 458.665
Statutes/Other Implemented: ORS 458.665, ORS 456.515 & ORS 456.725
OHCS 39-2024, amend filed 09/27/2024, effective 10/01/2024
OHCS 14-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024
OHCS 32-2022, amend filed 12/15/2022, effective 12/15/2022
OHCS 14-2022, temporary amend filed 06/09/2022, effective 06/09/2022 through 12/05/2022
OHCS 23-2013, f. & cert. ef. 12-18-13
OHCS 13-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 5-2009, f. & cert. ef. 12-22-09

Or. Admin. R. 813-055-0040 Application Procedure and Requirements

(1) The process to obtain GHAP assistance typically will be spelled out in the solicitation documents issued by the department. In addition to, or in lieu of formal solicitation documents, the department may provide other means for accessing GHAP assistance. Additional direction and guidance may be found in the GHAP Manual and the General Policy and Guideline Manual (GPGM).

(2) Additional guidance for GHAP Development application and procedure requirements may be found in Division 2, as described in OAR 813-002-0005 through OAR 813-002-0055.

History

Statutory/Other Authority: ORS 456.555 & 458.665
Statutes/Other Implemented: 458.665, ORS 456.515 - 456.725 & 458.665
OHCS 39-2024, amend filed 09/27/2024, effective 10/01/2024
OHCS 14-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024
OHCS 32-2022, amend filed 12/15/2022, effective 12/15/2022
OHCS 14-2022, temporary amend filed 06/09/2022, effective 06/09/2022 through 12/05/2022
OHCS 19-2017, amend filed 11/15/2017, effective 01/05/2018
OHCS 6-2017(Temp), f. & cert. ef. 7-20-17 thru 1-7-18
OHCS 23-2013, f. & cert. ef. 12-18-13
OHCS 13-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 5-2009, f. & cert. ef. 12-22-09

Or. Admin. R. 813-055-0050 Application Review

(1) Funding decisions for GHAP Development may be made using the Oregon Housing and Community Services (OHCS) Affordable Rental Housing Division (ARH) Oregon Centralized Application (ORCA) Process, as described in OAR 813-002-0005 through OAR 813-002-00055. The Oregon Centralized Application (ORCA) process may include additional priorities and requirements as determined by ARH.

(2) Affordable Rental Housing (ARH) shall allocate GHAP Development funds in compliance with the Oregon Housing and Community Services (OHCS) Affordable Rental Housing (ARH) Oregon Centralized Application (ORCA) process, as described in OAR 813-002-0005 through OAR 813-002-0055.

(3) An application for assistance from the GHAP Capacity Building program is subject to the department’s evaluation and approval, disapproval or modification according to criteria in the solicitation documents or otherwise that may include, but are not limited to the following:

(a) The amount of available funds in the GHAP program;

(b) The availability of other sources of assistance;

(d) Whether the project is financially feasible and the financial strength and history of the prospective recipient;

(e) The target population to be served;

(f) The experience of the developer, contractors, architects, consultants and management agent in developing, constructing and operating housing projects;

(g) The department's experience with and the reputation, experience, capacity and legal history and status of the applicant and its agents, representatives, employees and contractors;

(h) Whether the project in comparison to others best achieves the purposes of the GHAP program;

(i) The need of a nonprofit, tribe, local government or housing authority to build its capacity to develop and operate housing serving low income and very low income populations;

(j) How the nonprofit, tribe, local government or housing authority proposes to use GHAP funds to build its capacity to develop and operate housing serving low income and very low income populations;

(k) Other factors that the department determines to be relevant including, but not limited to any evaluation criteria in the solicitation documents, GHAP Manual, GPGM, or otherwise.

History

Statutory/Other Authority: ORS 456.555 & ORS 458.665
Statutes/Other Implemented: ORS 458.665, ORS 456.515 & ORS 456.725
OHCS 5-2026, amend filed 03/02/2026, effective 03/03/2026
OHCS 42-2025, temporary amend filed 10/01/2025, effective 10/01/2025 through 03/29/2026
OHCS 39-2024, amend filed 09/27/2024, effective 10/01/2024
OHCS 14-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024
OHCS 32-2022, amend filed 12/15/2022, effective 12/15/2022
OHCS 14-2022, temporary amend filed 06/09/2022, effective 06/09/2022 through 12/05/2022
OHCS 23-2013, f. & cert. ef. 12-18-13
OHCS 13-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 5-2009, f. & cert. ef. 12-22-09

Or. Admin. R. 813-055-0065 Form of Assistance; Documentation

(1) The department may provide GHAP funds in the form of a grant or a loan, a combination of both, or as a contract. Loan rates and terms, if applicable shall be determined by the department based on a project's or applicant’s needs and cash flow, other funding resources, market conditions and an applicant's capacity to repay GHAP funds. Additional details about loans can be found in the GHAP Manual and as updated. Preference may be given to those applicants requesting loans that show sufficient project cash flow to repay the loan. The department normally will notify an applicant in a written reservation letter as to the amount and form of GHAP assistance, if any, to be provided, together with notable conditions. Such reservation commitments remain subject to department rules, solicitation requirements, applicable law, and the negotiation, execution and recording (if required) of documents satisfactory to the department.

(2) Each recipient of project development assistance shall, inter alia, execute funding agreements satisfactory to the department including, but not limited to a project use agreement, containing such terms regarding fees, interest rates, repayment terms, performance criteria, reporting requirements, restrictive covenants, and other terms as the department considers appropriate or necessary for the type and use of assistance provided. Each relevant funding agreement, including the use agreement, must be:

(a) (If the recipient owns the project property at the time of disbursement) recorded as an encumbrance on the project property before any GHAP Development funds are advanced; or

(b) (If the recipient does not own the project property at the time of disbursement) at the discretion of the department, placed in an escrow account established by the recipient satisfactory to the department and subject to such further conditions as the department may require, including the recording of restrictive covenants running with the project property for the applicable affordability period, with appropriate lien priority and taking effect upon close of escrow.

(3) The department may require a recipient to execute and record such funding documents satisfactory to the department as it considers appropriate in its sole discretion.

History

Statutory/Other Authority: ORS 456.555 & 458.665
Statutes/Other Implemented: ORS 456.559, 456.620, 456.625, 458.650 & 458.665
OHCS 5-2026, amend filed 03/02/2026, effective 03/03/2026
OHCS 42-2025, temporary amend filed 10/01/2025, effective 10/01/2025 through 03/29/2026
OHCS 39-2024, amend filed 09/27/2024, effective 10/01/2024
OHCS 14-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024
OHCS 23-2013, f. & cert. ef. 12-18-13
OHCS 13-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13

Or. Admin. R. 813-055-0075 Distribution and Expenditure of Funds

(1) The department may distribute GHAP funds pursuant to relevant solicitation documents including, but not limited to the Oregon Centralized Application (ORCA), or otherwise under this division, and pursuant to relevant funding documents.

(2) Distribution of GHAP funds, whether for multifamily affordable housing development or affordable housing capacity building is subject to a general formula developed by the department that provides for an equitable distribution of resources statewide over time based on objective measures of need, including, but not limited to:

(a) The number and percentage of low and very low-income households in an area;

(b) The estimated need for affordable housing as determined by the department and the Housing Stability Council; and

(c) The need of GHAP Capacity Building-eligible entity to build its capacity to develop and operate housing serving low- and very- low-income populations.

History

Statutory/Other Authority: ORS 456.555 & ORS 458.665
Statutes/Other Implemented: ORS 458.665, ORS 456.559, ORS 456.620, ORS 456.625 & ORS 458.650
OHCS 39-2024, amend filed 09/27/2024, effective 10/01/2024
OHCS 14-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024
OHCS 32-2022, amend filed 12/15/2022, effective 12/15/2022
OHCS 14-2022, temporary amend filed 06/09/2022, effective 06/09/2022 through 12/05/2022
OHCS 23-2013, f. & cert. ef. 12-18-13
OHCS 13-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
Renumbered from 813-055-0030, OHCS 7-2013, f. & cert. ef. 6-21-13
OHCS 5-2009, f. & cert. ef. 12-22-09

Or. Admin. R. 813-055-0085 Charges

(1) An applicant requesting General Housing Account funds shall pay an application fee or charge as may be required by the department.

(2) An applicant or owner of a multifamily affordable housing development project that receives GHAP assistance shall pay a monitoring fee or charge as may be required by the department.

(3) The applicant or owner of a project that receives GHAP assistance shall pay such other charges with respect to the department’s anticipated costs and expenses of administration as the department may require.

History

Statutory/Other Authority: ORS 456.555 & 458.665
Statutes/Other Implemented: ORS 456.515 to 456.725 & 458.665
OHCS 23-2013, f. & cert. ef. 12-18-13
OHCS 13-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
Renumbered from 813-055-0070, OHCS 7-2013, f. & cert. ef. 6-21-13
OHCS 5-2009, f. & cert. ef. 12-22-09

Division 60 OLDER ADULT HOUSING PROGRAM

Or. Admin. R. 813-060-0005 Temporary rule language in effect until 01/08/2027. Purpose and Objectives

(1) OAR chapter 813, division 60, is promulgated to carry out the provisions of ORS 456.515 to 456.720 as they pertain to the administration by the Housing and Community Services Department (Department) of the Older Adult Housing Program (OAHP). These rules and the related determinations and orders of the department constitute the Department’s Older Adult Housing Program. The purpose of the program is to support the expansion of accessible, affordable housing through state subsidies that enable older Oregonians to age in place.

(2) The department shall administer OAHP to support the development of affordable rental housing for older adults with an emphasis on serving older adults with disabilities and to prioritize visitability and accessibility.

History

Statutory/Other Authority: ORS 456.555 & HB 3589 (2025)
Statutes/Other Implemented: ORS 456.555 & HB 3589 (2025)
OHCS 19-2026, temporary amend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 5-2007, f. & cert. ef. 1-11-07
HSG 6-1996, f. & cert. ef. 6-14-96
Reverted to HSG 8-1991, f. & cert. ef. 12-23-91
HSG 4-1993(Temp), f. & cert. ef. 10-1-93
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 15-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 10-1987, f. & ef. 3-10-87
HSG 4-1987(Temp), f. & ef. 2-5-87
1HD 13-1984, f. & ef. 9-4-84
1HD 10-1982, f. & ef. 12-14-82
1HD 6-1982(Temp), f. & ef. 9-20-82

Or. Admin. R. 813-060-0010 Temporary rule language in effect until 01/08/2027. Definitions

As used in these rules, unless otherwise indicated by the context:

(1) “Accessible” means that the housing complies with federal accessibility guidelines implementing the Fair Housing Amendments of 1988, 42 U.S.C. 3601 et seq., as amended and in effect on January 1, 2004

(2) “ADA Accessible unit” is a residential space built to comply with the Americans with Disabilities Act (ADA) Standards for Accessible Design, ensuring accessibility for individuals with disabilities.

(3) “Agreement documents” means the funding documents, the final form of which is satisfactory to OHCS, in consultation with the Oregon Department of Justice, and executed in connection with the loan and contract.

(4) “Allocation” means any OAHP funding allocated under the Oregon Centralized Application (ORCA), an OHCS procurement opportunity, or an ARH Notice of Funding Availability.

(5) “Annual rate” means the yearly interest rate specified on the note, and not the annual percentage rate, if any, disclosed to the applicant to comply with the federal Truth in Lending Act.

(6) “ANSI Type A unit” is a dwelling unit designed to meet specific ANSI/IBC criteria for mobility-friendly features.

(7) “Applicants” means persons or entities submitting an application for OAHP funds.

(8) “Bonds” means a bond, as defined in ORS 286A.001, if issued on behalf of the Housing and Community Services Department, or bonds, as defined in ORS 456.055, if issued by a housing authority.

(9) “Finance charge” means the total of all interest, loan fees, interest on any loan fees financed by the lending institution, and other charges related to the cost of obtaining credit.

(10) “Lending institution” means any insured institution, as that term is defined in ORS 706.008, any mortgage banking company that maintains an office in this state or any community development corporation that is organized under the Oregon Nonprofit Corporation Law.

(11) “Local government” means any city, county or metropolitan service district formed under ORS chapter 268 or an association of local governments performing land use planning functions under ORS 195.025 (as defined by ORS 197.015).

(12) “Major life activity” includes but is not limited to self-care, ambulation, communication, transportation, education, socialization, employment, and the ability to acquire, rent, or maintain property.

(13) “Market study” means a professional analysis of the demand for a proposed housing development within a defined market area which evaluates whether there is a viable market for the project, what price points or rent levels potential tenants would be able to afford, and how the development fits into the surrounding community.

(14) “New” means that the housing being constructed did not previously exist in residential or non-residential form. New does not include the acquisition, alteration, renovation or remodeling of an existing structure.

(15) “Nonprofit corporation” means a corporation that is exempt from income taxes under section 501(c)(3) or (4) of the Internal Revenue Code as amended and in effect on December 31, 2023.

(16) “Older adults” are defined as people aged 55 years and older.

(17) “Person with a disability” means a person who has a physical or mental impairment that substantially limits one or more major life activities.

(18) “Preservation project” means housing that was previously developed as affordable housing with a contract for rent assistance from the United States Department of Housing and Urban Development or the United States Department of Agriculture and that is being acquired by a sponsoring entity.

(19) “Procorem WorkCenter” is a secure portal technology solution by ProLink Solutions™ and is used by OHCS to help facilitate collaboration and communication models for all applicants and future housing partners. The Procorem WorkCenter includes a repository for electronic document submission, a task management and tracking tool, an events calendar, and communication features.

(20) “Qualified loan” means a loan that meets the criteria stated in subsection 5 of HB 3589 or that is made to refinance a loan that meets the criteria described in subsection 5 of HB 3589, or the purchase by a lending institution of bonds, the proceeds of which are used to finance or refinance a loan that meets the criteria described in subsection 5 of HB 3589.

(21) “Universal design” means designing environments to be usable by everyone to the greatest extent possible, without the need for adaptation or specialized design.

(22) “Visitable” means capable of being approached, entered and used by individuals with mobility impairments, including but not limited to individuals using wheelchairs.

History

Statutory/Other Authority: ORS 456.555 & HB 3589 (2025)
Statutes/Other Implemented: ORS 456.555 & HB 3589 (2025)
OHCS 19-2026, temporary amend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 5-2007, f. & cert. ef. 1-11-07
HSG 6-1996, f. & cert. ef. 6-14-96
Reverted to HSG 8-1991, f. & cert. ef. 12-23-91
HSG 4-1993(Temp), f. & cert. ef. 10-1-93
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 15-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 10-1987, f. & ef. 3-10-87
HSG 4-1987(Temp), f. & ef. 2-5-87
1HD 13-1984, f. & ef. 9-4-84
1HD 6-1984, f. 7-5-84, ef. 7-8-84
1HD 4-1984(Temp), f. & ef. 5-25-84
Reverted to 1HD 10-1982, f. & ef. 12-14-82
1HD 7-1983(Temp), f. & ef. 11-7-83
1HD 10-1982, f. & ef. 12-14-82
1HD 6-1982(Temp), f. & ef. 9-20-82

Or. Admin. R. 813-060-0020 Temporary rule language in effect until 01/08/2027. Older Adult Housing Program Manual

(1) Additional guidance, including eligibility, affordability and funding terms, application process, and program requirements, is outlined in the OAHP Manual dated July13, 2026, incorporated into and adopted as part of this division of administrative rules by reference.

(2) The manual may be accessed online at OHCS’s website.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 456.555 & HB 3589 (2025)
Statutes/Other Implemented: ORS 456.555 & HB 3589 (2025)
OHCS 19-2026, temporary amend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 5-2007, f. & cert. ef. 1-11-07
HSG 6-1996, f. & cert. ef. 6-14-96
Reverted to HSG 8-1991, f. & cert. ef. 12-23-91
HSG 4-1993(Temp), f. & cert. ef. 10-1-93
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 15-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 10-1987, f. & ef. 3-10-87
HSG 4-1987(Temp), f. & ef. 2-5-87
1HD 13-1984, f. & ef. 9-4-84
1HD 10-1982, f. & ef. 12-14-82
1HD 6-1982(Temp), f. & ef. 9-20-82

Or. Admin. R. 813-060-0025 Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Loan Security

Notwithstanding any other provision contained in the Program rules, the Department shall not disburse funds for a loan until:

(1) The loan is secured by a fully executed trust deed note and first lien trust deed or other evidence of security; and

(2) The Eligible Borrower has satisfied all conditions contained in a Commitment.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 19-2026, temporary suspend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 5-2007, f. & cert. ef. 1-11-07
HSG 6-1996, f. & cert. ef. 6-14-96
Reverted to HSG 8-1991, f. & cert. ef. 12-23-91
HSG 4-1993(Temp), f. & cert. ef. 10-1-93
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 15-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 10-1987, f. & ef. 3-10-87
HSG 4-1987(Temp), f. & ef. 2-5-87
1HD 13-1984, f. & ef. 9-4-84
1HD 10-1982, f. & ef. 12-14-82
1HD 6-1982(Temp), f. & ef. 9-20-82

Or. Admin. R. 813-060-0030 Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Eligible Disabled Housing Projects

(1) The Department shall evaluate each Project for consistency with the Department’s interpretation of sound architectural design and prudent underwriting standards, as established in OAR 813-060-0031.

(2) In order to qualify for a loan, a Project shall:

(a) Be approved by the Department with respect to site; location; market demand; financial feasibility; qualifications of general contractor, management agent, and developer; appraisal; financial strength and credit a worthiness of the Eligible Borrower; management plan; final architectural package; Eligible Borrower’s organizational documents; American Land Title Association (ALTA) title report; and any other information the Department shall require;

(b) Meet all applicable federal, state and local land use and zoning requirements, housing codes, licensing, and similar requirements;

(d) Be located in the State of Oregon; and

(e) Remain affordable in terms of the loan documents.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 19-2026, temporary suspend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 5-2007, f. & cert. ef. 1-11-07
HSG 6-1996, f. & cert. ef. 6-14-96
HSG 4-1993(Temp), f. & cert. ef. 10-1-93
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 15-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 10-1987, f. & cert. ef. 3-10-87
HSG 4-1978(Temp), f. & cert. ef. 2-5-87
1HD 13-1984, f. & cert. ef. 9-4-84
1HD 10-1982, f. & cert. ef. 12-14-82
1HD 6-1982(Temp), f. & cert. ef. 9-20-82

Or. Admin. R. 813-060-0031 Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Standard Underwriting Criteria

(2) Financial feasibility of the Project;

(3) Availability of street, sewer, water, utilities and other public services;

(4) Availability of public and private transportation;

(5) Architectural design, including aesthetic quality, soundness of construction, energy efficiency, and suitability to the needs of the residents to be served;

(6) Compliance with applicable local comprehensive plan and land use regulations;

(7) Market demand;

(8) The financial strength, credit reputation and history of the Eligible Borrower; and

(9) The experience of the developer, contractors, architects, consultants and management agent in developing, constructing and operating housing projects.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 19-2026, temporary suspend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 5-2007, f. & cert. ef. 1-11-07
HSG 6-1996, f. & cert. ef. 6-14-96
Reverted to HSG 8-1991, f. & cert. ef. 12-23-91
HSG 4-1993(Temp), f. & cert. ef. 10-1-93
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 15-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 10-1987, f. & ef. 3-10-87
HSG 4-1987(Temp), f. & ef. 2-5-87
1HD 13-1984, f. & ef. 9-4-84

Or. Admin. R. 813-060-0032 Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Manufactured Dwelling Park Projects

(1) To qualify as a Manufactured Dwelling Park, the Project shall comply with the following standards and conditions:

(a) Site, design and licensing standards of the local government;

(b) Regulations of the Building Codes Division, State of Oregon, OAR 918-600-0010 to 918-600-0110;

(d) All manufactured dwellings purchased after September 4, 1984, shall have a roof with a non-reflective surface at a minimum slope of two inches in 12 inches (16 percent);

(e) The area occupied by the manufactured dwelling and any accessory buildings (including porches, carports, etc.) shall not exceed 40 percent of the lot area; and

(2) The Borrower shall establish rules for the residents of the Project, to be a required part of each resident’s lease. The rules and lease shall be submitted for the Department’s review and approval as part of the proposal.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 19-2026, temporary suspend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 5-2007, f. & cert. ef. 1-11-07
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 15-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 10-1987, f. & ef. 3-10-87
HSG 4-1987(Temp), f. & ef. 2-5-87
1HD 13-1984, f. & ef. 9-4-84

Or. Admin. R. 813-060-0036 Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Interim Loans

(1) The Department may from time to time make available funds for construction, acquisition and/or rehabilitation, or other financing of Disabled Projects, for a term not to exceed five years.

(2) Notwithstanding any other requirements of OAR chapter 813, division 060, the Department may, as funds are available, solicit applications for the use of such funds. Application shall specify in writing any terms and conditions of the available funds, as well as criteria or priorities the Department shall use to evaluate and select applications for funding.

(3) The Department shall evaluate application received in accordance with Program policies and priorities approved by the Housing Stability Council, and with applicable requirements of OAR chapter 813, division 60.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 456.515-456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.515 - 456.720
OHCS 19-2026, temporary suspend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 5-2007, f. & cert. ef. 1-11-07

Or. Admin. R. 813-060-0038 Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Approved Housing Borrowers

(1) To be eligible to receive a loan, an Eligible Borrower shall comply with the terms contained in the Commitment issued by the Department and the conditions of eligibility as set forth in these rules.

(2) Any entity may apply to become an Eligible Borrower.

(3) To help the Department evaluate the financial strength of an Eligible Sponsor Borrower to develop, own, maintain and manage a Project, the Eligible Borrower shall submit financial statements, credit reports and any other documents requested by the Department in accordance with the provisions of the Equal Credit Opportunity Act as it relates to the Department.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 19-2026, temporary suspend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 5-2007, f. & cert. ef. 1-11-07
HSG 6-1996, f. & cert. ef. 6-14-96
HSG 4-1993(Temp), f. & cert. ef. 10-1-93
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 15-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 10-1987, f. & cert. ef. 3-10-87
HSG 4-1987(Temp), f. & cert. ef. 2-5-87
1HD 13-1984, f. & cert. ef. 9-4-84
1HD 10-1982, f. & cert. ef. 12-14-82
1HD 6-1982(Temp), f. & cert. ef. 9-20-82

Or. Admin. R. 813-060-0040 Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Processing Procedures

(1) Before accepting a project for the application process, the prospective Borrower shall submit an application to the Department on forms acceptable to the Department. If the Project meets the Program requirements, an application conference with the prospective Borrower shall be scheduled. At the conference, the Department may discuss, but is not limited to discussing:

(a) Type of loan requested;

(b) Type and formation of prospective Borrower’s company (sole proprietorship, partnership, corporation, nonprofit, etc.) and qualifications;

(d) Any time constraints on prospective Borrower or Department;

(e) Charges;

(f) Reserve and equity requirements;

(g) Debt service ratio and other contingency requirements:

(h) Appraisal requirements;

(i) Environmental survey(s);

(j) Contractor’s cost estimate and qualifications;

(k) Management and maintenance plans;

(l) Project management requirements, reports, and qualifications;

(m) Loan servicing requirements and procedures;

(n) Design and related requirements;

(o) Document requirements;

(p) Construction procedures;

(q) Department Loan processing procedures;

(r) Eligibility requirements under federal and state law and regulation;

(s) Site Control;

(t) Reserves and costs for Bond issue; and

(u) Any other items pertinent to the proposed Project.

(2) At the conclusion of the application conference, if the prospective Borrower and the Department agree to proceed with the loan application process, prospective Borrower shall provide the necessary loan application documentation.

(3) After receiving a completed loan application package from the prospective Borrower, the Department shall evaluate each Project for consistency with the Department’s interpretation of sound architectural and planning principles and prudent underwriting standards.

(4) In order to qualify for a loan, a Project shall:

(a) Be approved by the Department with respect to site; location; market demand; financial feasibility; qualifications of general contractor, management agent and developer; appraisal; financial strength and creditworthiness of the Eligible Borrower; management plan; final architectural package; organizational documents; ALTA title report; resident services plan, and any other information the Department shall prescribe;

(b) Meet all applicable state and local land use and zoning requirements, housing codes, and similar requirements;

(d) Be located in the State of Oregon;

(e) If the loan is for an amount over $100,000, be approved by the Housing Stability Council prior to the Department’s issuance of a loan Commitment:

(A) The Department shall review each application for a loan over $100,000 and prepare a proposal to the Housing Stability Council for approval or disapproval. The Department will send a copy of its proposal to the Eligible Borrower with a notice of the Housing Stability Council meeting at which the application will be considered. Upon receipt of the notice, the Eligible Borrower may request an opportunity to present testimony at the meeting;

(B) After considering the Department’s proposal, as well as any other testimony presented, the Housing Stability Council shall approve or disapprove the application or take other appropriate action;

(b) Financial feasibility of the Project;

(d) Availability of public transportation;

(e) Architectural design, including aesthetic quality soundness of construction, energy efficiency, and suitability to the needs of the residents to be served;

(f) Compliance with applicable state and local comprehensive plan and land use regulations;

(g) Market demand;

(h) The financial strength, credit reputation and history of the Eligible Borrower; and

(i) The experience of the developer, contractors, architects, consultants and management agent in developing, constructing and operating housing Projects.

(6) The Eligible Borrower may submit a written request for review and appeal of the Housing Stability Council’s decision in accordance with the provisions of ORS Chapter 183. To be considered, the request must be received by the Department within 30 days of the date of the notice of initial loan disapproval.

(7) Upon loan approval, the Department shall issue a Commitment, which may be subject to loan funds being available, which shall include:

(a) The amount of the loan;

(b) The maximum rate of interest to be charged on such loan;

(d) The amount of the Commitment fee, Rent-Up Reserve Account and Contingency Escrow Account;

(e) When the Commitment fee shall be paid, and when the Rent-Up Reserve Account and Contingency Escrow Account shall be funded;

(f) All other conditions of the Commitment, and when they shall be fulfilled;

(g) Provisions concerning construction;

(h) Provisions and conditions of loan disbursement;

(i) Provisions of loan closing; and

(j) Conditions of termination of the Commitment.

(8) If the Commitment conditions are not completed by the dates specified in the Commitment, the offer for a Commitment shall expire, unless the Department grants an extension in writing.

(9) Construction and completion:

(a) During the construction of the Project, the Department may conduct random inspections for Borrower’s compliance with the plans and specifications previously approved by the Department. The Borrower’s architect shall submit regular inspection reports to the Department. Change orders must be signed by the contractor, Project architect and the Borrower before being submitted to the Department for its approval and prior to the changes being made;

(b) Upon completion of construction of the Project, the Department shall perform an inspection to assure the Borrower’s compliance with the approved plans and specifications. If some items of construction remain to be completed due to circumstances beyond the control of the Borrower (provided the incomplete items do not detract from livability or safety of the Project), the Department may require the Borrower to escrow as approved by the Department and under Department control an amount equal to one and one-half times the estimated cost of completion, until the construction item is completed.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 19-2026, temporary suspend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 5-2007, f. & cert. ef. 1-11-07
HSG 6-1996, f. & cert. ef. 6-14-96
Reverted to HSG 8-1991, f. & cert. ef. 12-23-91
HSG 4-1993(Temp), f. & cert. ef. 10-1-93
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 15-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 10-1987, f. & ef. 3-10-87
HSG 4-1987(Temp), f. & ef. 2-5-87
1HD 13-1984, f. & ef. 9-4-84
1HD 10-1983, f. & ef. 12-1-83
1HD 10-1982, f. & ef. 12-14-82
1HD 6-1982(Temp), f. & ef. 9-20-82

Or. Admin. R. 813-060-0044 Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Loan Closing

Before the loan closing takes place, the Department shall provide the escrow officer written instructions for closing the loan. The Department shall not authorize disbursement of loan funds until all conditions of the Commitment are satisfied and the Department has approved. The following closing documentation may be required:

(1) Cost certification;

(2) Certificate or policy of insurance for fire and extended coverage, liability, business income and flood insurance (if applicable), with the appropriate loss deductible. All insurance coverage shall be in the amounts set forth in the Department’s Regulatory Agreement and Declaration of Restrictive Covenants;

(3) Contingency Escrow Account;

(4) Notice of Completion;

(5) Certificate of occupancy or final inspection report from the local government, as required;

(6) Commercial leases, if applicable;

(7) Ground leases, if applicable;

(8) All other relevant leases, if applicable;

(9) Tax abatement approval;

(10) American Land Title Association (ALTA) mortgagee’s preliminary title insurance report from the title company of the Sponsor’s Borrower’s choice;

(11) Any licenses required by the state;

(12) For Acquisition Loans:

(a) Certification of completion of work on repairs from the general contractor and owner.

(13) All other reasonable requirements of the Department.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 19-2026, temporary suspend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 5-2007, f. & cert. ef. 1-11-07
HSG 6-1996, f. & cert. ef. 6-14-96
Reverted to HSG 8-1991, f. & cert. ef. 12-23-91
HSG 4-1993(Temp), f. & cert. ef. 10-1-93
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 15-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 10-1987, f. & ef. 3-10-87
HSG 4-1987(Temp), f. & ef. 2-5-87
1HD 13-1984, f. & ef. 9-4-84

Or. Admin. R. 813-060-0045 Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Resident Eligibility and Occupancy

(1) To be eligible to occupy a Project, a household shall:

(a) Be a Resident of the state;

(b) At least one member of the household must meet the definition of Disabled Person as provided in OAR 813-060-0010;

(c) Have an annualized Gross Household Income which does not exceed the income limit as established by the Department from time to time in compliance with the Act;

(d) The project shall conform to the maximum income requirement of ORS 456.620(4). A maximum of one-third of the units in a housing project, housing development or other residential housing financed by the Department may be rented to households with an income level exceeding 120 percent of the median family income level as determined by the Department.

(e) Relating specifically to acquisition/rehabilitation projects only, where tenants already reside in the project, the Department, at its sole discretion, may allow up to a one (1) year grace period for implementation of the standards identified in subsection (d) above in order to reduce the impact of displacement for over-income residents.

(2) Where the Project has a Regulatory Agreement and Declaration of Restrictive Covenants which was signed after June 16, 1982, have an annualized Gross Household Income, which does not exceed the income limit as established by the Department from time to time in compliance with the Act.

(3) Where the Project will be financed with proceeds of Bonds issued after August 15, 1986, have an annualized Gross Household Income which does not exceed such other income limit as may be required to assure compliance with Section 142(d)(1) of the Internal Revenue Code of 1986, as amended.

(a) If Section 142(d)(1) of the Internal Revenue Code so requires, the Borrower shall elect at Commitment to apply either the “20-50” or “40-60” income requirement under Section 142(d)(1) of the Code, as summarized below, to the Project during the qualified Project period:

(b) If the Borrower elects to meet the “20-50” requirement under Section 142(d)(1) of the Internal Revenue Code, at all times during the qualified Project period at least 20 percent (20%) of the completed residential units in the Project shall be rented to and occupied by (or held available for rent by) Persons whose annualized Gross Household Income is 50 percent (50%) or less of area median income, adjusted for family size; and

(c) If the Borrower elects to meet the “40-60” requirement under Section 142(d)(1) of the Internal Revenue Code, at all times during the qualified Project period at least 40 percent (40%) of the completed residential units in the Project shall be rented to and occupied by (or held available for rent by) Persons whose annualized Gross Household Income is 60 percent (60%) or less of area median income, adjusted for family size.

(4) The Borrower shall conduct annual income certifications of all residents to assure compliance with Section 142(d) of the Internal Revenue Code, and shall, where necessary, hold units vacant and available for occupancy by persons meeting the income requirements elected pursuant to Section 142(d).

(5) The Department may waive the Department’s income limits for an elderly household seeking residence in a Disabled Housing Project if a Person in the household is a Disabled Person requiring special housing provisions to accommodate the impairment and whose disability arises from a physical or mental impairment that substantially limits one or more Major Life Activity. However, no such waiver shall be made of the requirements of Section 142(d) of the Internal Revenue Code.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 19-2026, temporary suspend filed 07/13/2026, effective 07/13/2026 through 01/08/2027
OHCS 5-2007, f. & cert. ef. 1-11-07
OHCS 1-2001, f. & cert. ef. 2-15-01
OHCS 2-2000(Temp), f. & cert. ef. 9-15-00 thru 3-13-01
HSG 6-1996, f. & cert. ef. 6-14-96
Reverted to HSG 8-1991, f. & cert. ef. 12-23-91
HSG 4-1993(Temp), f. & cert. ef. 10-1-93
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 15-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 10-1987, f. & ef. 3-10-87
HSG 4-1987(Temp), f. & ef. 2-5-87
1HD 13-1984, f. & ef. 9-4-84
1HD 10-1982, f. & ef. 12-14-82
1HD 6-1982(Temp), f. & ef. 9-20-82

Or. Admin. R. 813-060-0047 Commitment Fee

(1) The Department shall charge a nonrefundable Commitment fee up to two percent of the loan amount.

(2) The Eligible Borrower shall include the fee with the Sponsor’s Eligible Borrower’s signed acceptance of the Commitment returned to the Department.

(3) The Department may charge other fees or charges, as needed, to cover the costs and reduce the financial risk to the Department of issuing Bonds.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 5-2007, f. & cert. ef. 1-11-07
HSG 6-1996, f. & cert. ef. 6-14-96
Reverted to HSG 8-1991, f. & cert. ef. 12-23-91
HSG 4-1993(Temp), f. & cert. ef. 10-1-93
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 15-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 10-1987, f. & ef. 3-10-87
HSG 4-1987(Temp), f. & ef. 2-5-87
1HD 13-1984, f. & ef. 9-4-84

Or. Admin. R. 813-060-0055 Loan Servicing

(1) The servicing of loans shall be performed by servicer(s) selected by the Department. Servicing, unless performed by the Department itself, shall be conducted under the terms and conditions contained in a servicing agreement entered into between the Department and any Approved Servicer. The Department shall prescribe the form of the servicing agreement. The Approved Servicer shall:

(a) Promptly collect all payments due under the Loan Agreement and Regulatory Agreement and Declaration of Restrictive Covenants;

(b) Provide the Department with a monthly accounting of loan payments and disbursements;

(c) Ensure that escrow account balances are maintained at a level sufficient for the payment of the Project’s property taxes, insurance premiums and costs of replacement as they become due and payable;

(d) Forward payments to the Department according to the provisions of the servicing agreement;

(e) Forward payments for insurance premiums to the insurance company when due;

(f) Forward payments for property taxes to the county assessor when due;

(g) Assure that all improvements on the mortgaged premises are kept insured against fire and extended coverage, casualty, liability and business income loss in accordance with the Loan Agreement and Regulatory Agreement and Declaration of Restrictive Covenants;

(h) Provide the Borrower with regular analyses of servicing accounts; and

(i) Perform such other responsibilities as the Department may prescribe.

(2) In order to qualify as an Approved Servicer and continue as such, an entity shall demonstrate to the satisfaction of the Department that:

(a) One of its principal functions is the servicing of multi-unit or commercial loans secured by real estate;

(b) Such servicing is a customary and regular business activity of the applicant;

(c) It is qualified to engage in the servicing of mortgage loans for specified government agencies or private institutions engaged in the secondary market for mortgage investments;

(d) It deposits funds to accounts in depositories which comply with the requirements of ORS 295.005, 295.015 to 295.018 and 295.025 and which are insured to the full extent legally possible by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, or other similar federal insuring department; and

(e) It shall maintain servicing facilities adequately staffed with personnel familiar with all regulations and requirements pertaining to or affecting loans serviced for the Department.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 5-2007, f. & cert. ef. 1-11-07
HSG 6-1996, f. & cert. ef. 6-14-96
HSG 5-1996, f. & cert. ef. 5-15-96
Reverted to HSG 8-1991, f. & cert. ef. 12-23-91
HSG 7-1995(Temp), f. & cert. ef. 11-8-95
Reverted to HSG 8-1991, f. & cert. ef. 12-23-91
HSG 4-1993(Temp), f. & cert. ef. 10-1-93
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 7-1990, f. & cert. ef. 5-2-90
HSG 15-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 10-1987, f. & ef. 3-10-87
HSG 4-1987(Temp), f. & ef. 2-5-87
1HD 13-1984, f. & ef. 9-4-84
1HD 10-1982, f. & ef. 12-14-82
1HD 6-1982(Temp), f. & ef. 9-20-82

Or. Admin. R. 813-060-0056 Change of Approved Servicers

(1) The servicing agreement may be terminated or amended as provided in the servicing agreement or these rules.

(2) The Department may direct a change of Approved Servicers at any time consistent with the terms of the servicing agreement and these rules.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 5-2007, f. & cert. ef. 1-11-07
HSG 5-1996, f. & cert. ef. 5-15-96
HSG 7-1995(Temp), f. & cert. ef. 11-8-95
HSG 2-1991(Temp), f. & cert. ef. 8-7-91 thru 1-28-92
HSG 15-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 10-1987, f. & cert. ef. 3-10-87
HSG 4-1987(Temp), f. & cert. ef. 2-5-87
1HD 13-1984, f. & cert. ef. 9-4-84, Renumbered from 813-060-0070
1HD 3-1983, f. & cert. ef. 7-20-83

Or. Admin. R. 813-060-0061 Transfer of Ownership

(1)(a) A Sponsor Borrower who has received a loan or Commitment from the Department shall not transfer ownership, lease, or otherwise encumber any property which serves or will serve as security for a loan from the Department without prior written approval from the Department.

(b) The Borrower shall be required to submit underwriting documentation as requested by the Department.

(2) A transfer of ownership means a sale, conveyance or other transfer of:

(a) Any interest of a general partner;

(b) Any interest in a joint venture;

(d) More than 10 percent of a corporate owner’s interest; or

(e) Any individual interest when the ownership is not a limited partnership, general partnership, joint venture or corporation.

(3) The Department may require a transfer application charge from Borrowers of Projects that receive loans through the Department, who request the Department’s approval of a change in Project ownership. The Department may require a transfer review charge to Project owners and transferees who effect a change in Project ownership without prior written approval by the Department.

(4) A 100 percent transfer of ownership means a sale, conveyance or other transfer of:

(a) All interest of a general partnership;

(b) All interest of a joint venture;

(d) All general partners’ interest in a limited partnership; or

(e) All individual interest of an ownership entity when the ownership entity is not a limited partnership, general partnership, joint venture or corporation.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 5-2007, f. & cert. ef. 1-11-07
HSG 6-1996, f. & cert. ef. 6-14-96
Reverted to HSG 8-1991, f. & cert. ef. 12-23-91
HSG 4-1993(Temp), f. & cert. ef. 10-1-93
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 15-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 10-1987, f. & ef. 3-10-87
HSG 4-1987(Temp), f. & ef. 2-5-87
1HD 13-1984, f. & ef. 9-4-84

Or. Admin. R. 813-060-0062 Loan Prepayments

(a) The Borrower must submit to the Department a written request for prepayment at least 90 days prior to the Borrower’s estimated prepayment date;

(b) The Department may charge the Borrower a prepayment review charge to cover the Department’s cost of review and processing the prepayment request.

(a) The financial impact of the prepayment on the Department’s programs or on an individual program or Bond indenture;

(b) Economic factors, including, but not limited to, portfolio diversification and relative cost of capital;

(d) The ability of the Department to use proceeds of the loan prepayment to increase the availability of housing affordable to low-income Oregonians;

(f) Tax law consequences; and

(3) If the Department determines that a loan prepayment is consistent with the best interests of the Department, it only shall authorize the prepayment provided that the sum to be prepaid, computed as of the date of prepayment, shall equal the unpaid principal balance of the loan plus accrued interest and all other obligations plus, at the Department’s discretion, a penalty or premium for the privilege of prepayment. Such prepayment penalty shall be determined based on terms of the original Loan Documents, and amendments thereto which have been mutually agreed on by the Department and the Borrower. The Department may waive all or a portion of such prepayment penalty if it determines in its sole discretion that such waiver is in the best interests of the Department. In making a decision whether or not to waive any or all of a prepayment penalty, the Department may consider, but is not limited to, the criteria identified in OAR 813-060-0062(2)(a) through (g).

(4) Where Section 8 Housing Assistance contracts or other rent subsidies are in place, the Department may approve a loan prepayment request only if such rent subsidies are not unduly impaired, determined at the sole discretion of the Department.

(5) Failure to make timely submission of a prepayment penalty will cause additional interest to accrue at loan rate or statutory rate, whichever is higher.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 5-2007, f. & cert. ef. 1-11-07
OHCS 1-1999, f. & cert. ef. 6-1-99
Reverted to HSG 6-1996, f. & cert. ef. 6-14-96
OHCS 1-1998(Temp), f. & cert. ef. 9-1-98 thru 2-27-99
HSG 6-1996, f. & cert. ef. 6-14-96
Reverted to HSG 8-1991, f. & cert. ef. 12-23-91
HSG 4-1993(Temp), f. & cert. ef. 10-1-93
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 15-1989, f. & cert. ef. 11-3-89

Or. Admin. R. 813-060-0065 Disposal of Department-Owned Projects

(1) The Department may transfer ownership of Department-owned Projects through sale, gift or other lawful manner to a Person or Persons whom the Department determines best meets the requirements of this Program. The Department shall establish written procedures for selling a Project prior to any offering of such Project, as applicable.

(2) The method of transfer of ownership, timing, price, terms and any other factors pertinent to the transfer of ownership shall be effected by the Department in a manner continuity of the Department’s rental programs. Factors the Department may consider include, but are not limited to:

(a) The financial investment of the Department in the Project:

(b) Preservation of existing rental housing:

(c) Proposed Eligible Borrower’s ability to manage, market, maintain and protect property used as security for the loan made by the Department, if applicable:

(d) Proposed Eligible Borrower’s capacity to preserve or improve upon the property’s safety, sanitation, durability and livability:

(e) Proposed Eligible Borrower’s ability to preserve units which are affordable and suitable to the needs of the residents:

(f) Continued compliance with state or federal laws, rules or regulations, as applicable to the financing or use of the Project.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 5-2007, f. & cert. ef. 1-11-07
HSG 6-1996, f. & cert. ef. 6-14-96
Reverted to HSG 8-1991, f. & cert. ef. 12-23-91
HSG 4-1993(Temp), f. & cert. ef. 10-1-93
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 15-1989, f. & cert. ef. 11-3-89

Or. Admin. R. 813-060-0070 Waiver

The Department may waive or modify any requirements of OAR 813, division 060, unless such waiver or modification would violate applicable federal or state statutes or regulations.

History

Statutory/Other Authority: ORS 456.515 - 456.720
Statutes/Other Implemented: ORS 456.555
OHCS 5-2007, f. & cert. ef. 1-11-07

Division 65 MANUFACTURED DWELLING PARKS AND MARINAS

Or. Admin. R. 813-065-0100 Purpose

The purpose of OAR 813 Division 65 is to carry out the statutory requirements outlined in ORS 90.643 through ORS 90.850 for notices and payments that facility owner(s) of facilities, as defined by ORS 90.100 to mean manufactured dwelling parks or marinas, must give to tenants and to the Department when a facility is closed, placed or considered for sale, sold, or the deed to the facility is transferred. Unless the context indicates otherwise or the term is otherwise defined, all terms in this Division are defined in OAR 813-005-0005 and ORS 90.100.

History

Statutory/Other Authority: ORS 90.645 - 90.671 & 90.850
Statutes/Other Implemented: ORS 90.645 - 90.671
OHCS 17-2025, minor correction filed 03/21/2025, effective 03/21/2025
OHCS 19-2023, amend filed 08/28/2023, effective 08/28/2023
OHCS 7-2011, f. & cert. ef. 8-26-11
Renumbered from 813-008-0005 by OHCS 4-2011(Temp), f. & cert. ef. 3-1-11 thru 8-27-11
OHCS 17-2002, f. & cert. ef. 12-5-02
HSG 2-1997, f. & cert. ef. 10-6-97
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 7-1989, f. & cert. ef. 11-3-89
HSG 4-1988, f. & ef. 10-19-88

Or. Admin. R. 813-065-0102 Notification and Delivery of Notification

(1) All notices provided in this division must be provided in writing and delivered by first class mail.

(2) Notification to the Department shall be delivered to the Manufactured Housing and Marina Community Resource Center ("MMCRC"). The MMCRC address can be found on the MMCRC website.

(3) The notice shall be considered served three days after the date that the notice was mailed.

History

Statutory/Other Authority: ORS 90.643 – ORS 90.850
Statutes/Other Implemented: ORS 90.650
OHCS 16-2025, minor correction filed 03/21/2025, effective 03/21/2025
OHCS 19-2023, adopt filed 08/28/2023, effective 08/28/2023

Or. Admin. R. 813-065-0103 Required Notification of Intent to Sell Manufactured Home Park or Marina Community.

(1) Facility owner(s) and landlord's agent(s) shall deliver written notification of their intent to place the facility for sale no less than 15 calendar days prior to publicly marketing the facility for sale or 10 calendar days from the date the facility owner(s) or landlord's agent(s) has received an offer to purchase the facility, whichever comes first, to:

(a) All tenants and facility owner(s) of manufactured homes or floating homes within the facility;

(b) The tenant’s committee, if a tenant’s committee exists, and with which the facility owner(s) or landlord's agent(s) has formally met within the calendar year immediately preceding delivery of the notice;

(2) Notification under this rule shall include all required information listed in ORS 90.842; and

(a) Contact information for the Department's MMCRC, including complete copies of, or web address links to OAR 813 Divisions 27 and 65; and

(b) Property information that would customarily be included in property marketing materials, real estate listings, or provided to prospective purchasers and shall include:

(A) Asking price for the facility, or offer price if the facility owner(s) has received an offer to purchase that the facility owner(s) intends to consider; and

(B) Property information available via public record such as zoning, lot size, publicly recorded and published facility owner(s) information, property tax, and liens; and

(C) Contact information for all individuals or agencies that represent the facility owner(s) or landlord agent(s) in marketing or facilitating the sale of the facility such as a real estate broker or attorney.

(3) The Department shall provide within five (5) calendar days of receipt of notification of a facility owner(s) or landlord's agent(s)' intent to sell or receipt of an offer to purchase:

(a) Notification via first class mail to the facility owner(s) or landlord's agent(s) at an address or email address provided to the Department confirming receipt of their notice to sell; and

(b) Notification via first class mail of the facility status or listing for sale to the tenants’ committee if one exists at the time of the delivery of the notification from the facility owner(s) or landlord's agent(s); and

(c) Publication of the facility status or listing for sale on the MMCRC website and information regarding resources to assist tenants in the purchase of the facility shall be kept current and accessible to the public by the Department on the MMCRC website and provided upon request via email or first-class mail.

(4) Notices provided by the facility owner(s) or landlord's agent(s) are valid for one calendar year from the date that the facility owner(s) or landlord's agent(s) provided notice of intent to sell to tenants, tenant committees, and the Department.

(a) If the facility is not sold within one calendar year, the facility owner(s) and landlord's agent(s) are required to provide tenants, tenant committees, and the Department with an updated notice that meets the requirements of this Division.

(b) Updated notification must also be provided to any tenant who was not provided the initial notification.

History

Statutory/Other Authority: ORS 90.842 & 90.844
Statutes/Other Implemented: ORS 90.842 & 90.844
OHCS 14-2025, minor correction filed 03/21/2025, effective 03/21/2025
OHCS 19-2023, adopt filed 08/28/2023, effective 08/28/2023

Or. Admin. R. 813-065-0104 Required Notification Conveyance/Transfer of Facility Deed

Facility owner(s) or landlord's agent(s) must deliver both written notification of any sale or other transfer or exchange of deed of a facility, per ORS 90.849, to the Department, and written notification of any sale or other transfer or exchange of deed of a facility, per ORS 90.849, to tenants and tenant committees including the required information under ORS 90.849 within 14 calendar days after conveyance, transfer, or the exchange of deed has been officially recorded.

History

Statutory/Other Authority: ORS 90.850 & ORS 90.645 - 90.671
Statutes/Other Implemented: ORS 90.645 - 90.671
OHCS 15-2025, minor correction filed 03/21/2025, effective 03/21/2025
OHCS 19-2023, adopt filed 08/28/2023, effective 08/28/2023

Or. Admin. R. 813-065-0110 Facility Closure Notice When Closure Not Required by Eminent Domain or Government Order

(1) When a manufactured dwelling facility, or a portion of the facility that includes the space for a manufactured dwelling, is to be closed under ORS 90.645(1) or (2), the facility owner(s) or landlord's agent(s) of the facility shall provide at least the following information to the tenants of the facility or the affected portion of the facility, as applicable:

(a) The information required by ORS 90.645(3);

(b) The facility owner(s) or landlord's agent(s)' address for contact and communications;

(c) The actions and activities the facility owner(s) or landlord's agent(s) plans to take in the facility closure that may affect the facility tenants;

(d) The tenant's rights under ORS 90.645 for a 365-day closure notice including:

(A) A statement of the amount that the facility owner(s) or landlord's agent(s) is required to pay the tenant for each space for which a rental agreement is terminated; this amount is based on the Consumer Price Index, which is recalculated annually to reflect inflation;

(B) A notice that the facility owner(s) or landlord's agent(s) is not required to make the payment under ORS 90.645(1) unless the tenant gives the facility owner(s) or landlord's agent(s) not less than 30 days’ and not more than 60 days’ written notice of the date within the 365-day period on which the tenant will cease tenancy;

(C) A statement that if the manufactured dwelling is abandoned, the facility owner(s) or landlord's agent(s) may condition the payment upon waiver by the tenant under ORS 90.645(5) and may not charge the tenant to store, sell or dispose of the abandoned manufactured dwelling; and

(D) A statement of the rights of the facility owner(s) or landlord's agent(s) and the tenant under ORS 90.645(6), (7) and (8);

(e) The tenant’s rights under ORS 90.645 for a 180-day closure notice, if applicable, including:

(A) A statement of the amount that the facility owner(s) or landlord's agent(s) is required to pay the tenant for each space for which a rental agreement is terminated and a statement that if the circumstances eliminating the payment obligation under ORS 90.645(2) apply, the facility owner(s) or landlord's agent(s) is not required to make the payment; and

(B) A notice that the facility owner(s) or landlord's agent(s) is not required to make the payment under ORS 90.645(1) unless the tenant gives the facility owner(s) or landlord's agent(s) not less than 30 days and not more than 60 days written notice of the date within the 365 day period on which the tenant will cease tenancy;

(D) A statement of the rights of the landlord and the tenant under ORS 90.645(6), (7) and (8); and

(f) A copy of ORS 90.645 and the definitions in ORS 90.100 for ”facility owner(s) or landlord's agent(s),” ”manufactured dwelling,” ‘manufactured dwelling park,” ”month-to-month tenancy,” ”rental agreement,” and ”tenant”

(2) A facility owner(s) or landlord's agent(s) shall deliver the notice to which this rule applies either personally or by first class mail, as ”first class mail” is defined in ORS 90.100, to each affected tenant. A facility owner(s) or landlord's agent(s) shall deliver the notice so that the tenant receives the notice not later than the 365th day or the 180th day, as applicable, before the date designated in the notice for termination. The notice shall be delivered to the tenant at the address specified in the lease or rental agreement between the tenant and the facility owner(s) or landlord's agent(s). In any sublet unit, the notice shall be delivered to the tenant at the tenant’s current address and to the subtenant in possession. If the tenant's address is unknown and not reasonably discoverable, the notice for the tenant shall be delivered to the subtenant with written instructions to forward it to the tenant. Failure of the subtenant to deliver the notice to the tenant does not limit the facility owner(s)' or landlord's agent(s)' right to terminate the rental agreement because of facility closure.

(3) For the notice of the closure of a facility or part of a facility that the facility owner(s) or landlord's agent(s) of the facility must give tenants under ORS 90.645(3), the Manufactured and Marina Community Resource Center (MMCRC) establishes the sample form designated for the notice on the department’s website under the Community Service connection. The sample form is also available upon request from the department.

History

Statutory/Other Authority: ORS 90.645 - 90.671
Statutes/Other Implemented: ORS 90.645 - 90.671
OHCS 12-2025, minor correction filed 03/21/2025, effective 03/21/2025
OHCS 19-2023, amend filed 08/28/2023, effective 08/28/2023
OHCS 21-2018, amend filed 12/21/2018, effective 12/21/2018
OHCS 7-2011, f. & cert. ef. 8-26-11
Renumbered from 813-008-0015 by OHCS 4-2011(Temp), f. & cert. ef. 3-1-11 thru 8-27-11
OHCS 17-2002, f. & cert. ef. 12-5-02
HSG 2-1997, f. & cert. ef. 10-6-97
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 7-1989, f. & cert. ef. 11-3-89
HSG 4-1988, f. & ef. 10-19-88

Or. Admin. R. 813-065-0120 Facility Closure Notice When Closure is Required by Eminent Domain or Government Order

(1) When a facility or a portion of the facility that includes the space for a manufactured dwelling is to be closed under ORS 90.645(9), the facility owner(s) or landlord's agent(s) of the facility shall provide at least the following information to the tenants of the facility or the affected portion of the facility, as applicable:

(a) The information required by ORS 90.645(9);

(b) The facility owner(s) or landlord's agent(s)' address for contact and communications;

(c) The actions and activities the facility owner(s) or landlord's agent(s) plans to take in the facility closure that may affect the facility tenants;

(d) A copy of ORS 90.645 and of this OAR chapter 813, division 008, and the definitions in ORS 90.100 for “facility owner(s) or landlord's agent(s),” “manufactured dwelling,” “manufactured dwelling park,” month to month tenancy,” “rental agreement” and “tenant”; and

(2) When the federal, state or local law or order that requires closure or partial closure of a facility under ORS 90.645(9) is known by the facility owner(s) or landlord's agent(s) to provide greater rights or protections for a tenant than are provided by ORS 90.645(9), including government relocation benefits, the facility owner(s) or landlord's agent(s) shall do the following:

(a) Modify the notice required to be furnished to tenants by section (1) of this rule so that the notice explains the greater rights or protections and retains material that is otherwise required and applicable, or give the notice required under the federal, state or local law and include all material in the notice required by section (1) of this rule that remains applicable; and

(b) Include with the notice a copy of the applicable law or order.

(3) Facility owner(s) or landlord's agent(s) shall deliver the notice to which this rule applies either personally or by first class mail, as “first class mail” is defined in ORS 90.100, to each affected tenant. Facility owner(s) or landlord's agent(s) shall deliver the notice so as to ensure that the tenant is given the full 15 days’ notice. The notice shall be delivered to the tenant at the address specified in the lease or rental agreement between the tenant and the facility owner(s) or landlord's agent(s). In any sublet unit, the notice shall be delivered to the tenant at the tenant’s current address and to the subtenant in possession. If the tenant's address is unknown and not reasonably discoverable, the notice for the tenant shall be delivered to the subtenant with written instructions to forward it to the tenant. Failure of the subtenant to deliver the notice to the tenant does not limit the facility owner(s)' or landlord's agent(s)' right to terminate the rental agreement because of facility closure.

(4) For the notice of closure of a facility or part of a facility that the facility owner(s) or landlord's agent(s) of the facility must give tenants under ORS 90.645(9), the Manufactured and Marina Community Resource Center (MMCRC) establishes the sample form designated for the notice on the Department’s website under the Community Service Division connection. The sample form is also available upon request from the Department.

History

Statutory/Other Authority: ORS 90.645 - 90.671
Statutes/Other Implemented: ORS 90.645 - 90.671
OHCS 11-2025, minor correction filed 03/21/2025, effective 03/21/2025
OHCS 19-2023, amend filed 08/28/2023, effective 08/28/2023
OHCS 7-2011, f. & cert. ef. 8-26-11
OHCS 4-2011(Temp), f. & cert. ef. 3-1-11 thru 8-27-11

Or. Admin. R. 813-065-0130 Park Closure Notice When Local Laws are More Stringent

When an ordinance, rule or other local law regulating facility closures or partial closures adopted by a local government continues to apply to a facility under ORS 90.660, if the local law provides greater rights or protections for a tenant than are provided by ORS 90.645, the facility owner(s) or landlord's agent(s) shall do the following:

(1) Modify the notice required to be furnished to tenants by ORS 90.645 and either OAR 813-065-0110 or 813-065-0120 as applicable, so that the notice explains the greater rights or protections under the local law and retains material that is otherwise required and applicable, or give the notice required under the local law and include all material in the notice required by section (1) of this rule that remains applicable.

(2) Include with the notice a copy of the local law that applies.

History

Statutory/Other Authority: ORS 90.650
Statutes/Other Implemented: ORS 90.650 & 90.645
OHCS 10-2025, minor correction filed 03/21/2025, effective 03/21/2025
OHCS 19-2023, amend filed 08/28/2023, effective 08/28/2023
OHCS 7-2011, f. & cert. ef. 8-26-11
OHCS 4-2011(Temp), f. & cert. ef. 3-1-11 thru 8-27-11

Or. Admin. R. 813-065-0140 Copy of Park Closure Notice to Department; Tenant Contacts

When a facility owner(s) or landlord's agent(s) gives notice of closure of a facility to tenants of the park as required by OAR 813-065-0110, 813-065-0120 or 813-065-0130, the facility owner(s) or landlord's agent(s) shall also furnish all of the following to the Department:

(1) A copy of the entire notice given to the tenants. The copy must include copies of any accompanying statutes, rules and local laws, except that instead of the statutes and rules, the facility owner(s) or landlord's agent(s) may provide specific statute and rule number citations. If the facility owner(s) or landlord's agent(s) gives notices with differing content to different categories of tenants, the facility owner(s) or landlord's agent(s) shall furnish to the Department a copy of each such notice given. If local laws apply under OAR 813-008-0130, the landlord shall also furnish a copy of the applicable local laws.

(2) A list of the names of all tenants to whom the facility owner(s) or landlord's agent(s) gave the notice, with contact information for each tenant that includes the tenant’s address, space number and phone number.

History

Statutory/Other Authority: ORS 90.645 - 90.671
Statutes/Other Implemented: ORS 90.645 - 90.671
OHCS 13-2025, minor correction filed 03/21/2025, effective 03/21/2025
OHCS 19-2023, amend filed 08/28/2023, effective 08/28/2023
OHCS 7-2011, f. & cert. ef. 8-26-11
OHCS 4-2011(Temp), f. & cert. ef. 3-1-11 thru 8-27-11

Or. Admin. R. 813-065-0150 Notice of Tax Credit Eligibility Upon Closure of Park; Sample Form

For the notice of tax credit and right to appeal that a facility owner(s) or landlord's agent(s) of a facility is required by ORS 90.650 to give to a tenant when a facility is closed, the MMCRC establishes the sample form designated for the notice on the Department’s website. The sample form is also available upon request from the Department.

History

Statutory/Other Authority: ORS 90.650 & 90.645
Statutes/Other Implemented: ORS 90.650 & 90.645
OHCS 8-2025, minor correction filed 03/21/2025, effective 03/21/2025
OHCS 19-2023, amend filed 08/28/2023, effective 08/28/2023
OHCS 7-2011, f. & cert. ef. 8-26-11
OHCS 4-2011(Temp), f. & cert. ef. 3-1-11 thru 8-27-11

Or. Admin. R. 813-065-0210 Facility Closure Notice

(1) When a facility owner(s) or landlord agent(s) is required by ORS 90.671(1) to give a tenant written notice of termination of a rental agreement because the facility or portion of a facility is closing and the land or leasehold is being converted to a different use, the facility owner(s) or landlord agent(s) shall provide at least the following information in the notice:

(a) The facility owner(s) or landlord agent(s) address for contact and communications;

(b) The firm date set for the closure of the facility or of the relevant portion of the facility;

(c) The actions and activities the facility owner(s) or landlord agent(s) plans to take in the closure that may affect the facility tenants;

(d) The facility owner(s) or landlord agent(s)' obligations under ORS 90.671;

(e) The tenant's rights for a 365-day closure notice or 180-day closure notice, as applicable, including the right, if any, for payment of moving expenses under OAR 813-065-0240 and the eligible moving expenses described in 813-065-0230;

(f) The voluntary benefits, if any, to be provided to the tenant by the facility owner(s) or landlord agent(s) or contracted between the parties, together with any shortened period between notice and termination of the rental agreement arising therefrom;

(g) A copy of ORS 90.671 and OAR 813-065-0200 to 813-065-0240;

(h) Any definitions of statutory terms used in OAR 813-065-0200 to 813-065-0240, applicable to the tenant's rights under the rules; and

(i) A copy of any city or county regulations, laws or ordinances that apply to tenant interests in closures of facilities and, if the local regulations, laws or ordinances provide greater rights and protection than are available under state law, a statement that the tenant may be entitled to the greater rights and protections and a description of the additional rights and protections that apply.

(2) When a facility owner(s) or landlord agent(s) is required by ORS 90.671(7) to give a tenant written notice of termination of a rental agreement and the applicable federal, state or local law or order is known by the facility owner(s) or landlord agent(s) to provide greater rights or protections for a tenant than are provided by ORS 90.671(7), including government relocation benefits, the facility owner(s) or landlord agent(s) shall furnish the tenant a copy of the applicable law or order and:

(a) In the notice required by ORS 90.671(7), shall include an explanation of the greater rights; or

(b) Instead of the notice required by ORS 90,671(7), if the federal, state or local law requires a notice of the rights or protections, shall provide that notice along with all material in the notice required by ORS 90.671(7).

(3) The facility owner(s) or landlord agent(s) shall deliver a notice required by ORS 90.671 personally or by first class mail to each affected tenant so that the tenant receives the notice not later than the applicable required number of days before the date designated in the notice for termination. The notice must be delivered to the tenant at the address specified in the lease or rental agreement between the tenant and the facility owner(s) or landlord agent(s). In any sublet unit, the notice must be delivered to the tenant at the tenant’s current address and to the subtenant in possession. If the tenant's address is unknown and not reasonably discoverable, the facility owner(s) or landlord agent(s) shall deliver the tenant’s copy to the subtenant with written instructions to forward it to the tenant. Failure of the subtenant to deliver the copy to the tenant does not limit the facility owner(s) or landlord agent(s)' right to terminate the rental agreement because of the closure.

History

Statutory/Other Authority: ORS 90.645 - 90.671
Statutes/Other Implemented: ORS 90.645 - 90.671
OHCS 9-2025, minor correction filed 03/21/2025, effective 03/21/2025
OHCS 19-2023, amend filed 08/28/2023, effective 08/28/2023
OHCS 7-2011, f. & cert. ef. 8-26-11
OHCS 4-2011(Temp), f. & cert. ef. 3-1-11 thru 8-27-11

Or. Admin. R. 813-065-0220 Alternate Facility Space

(1) The facility owner(s) or landlord's agent(s) shall notify the tenant, in writing, of alternate space to which the tenant can move the floating home at least 45 days before delivering a 180-day notice of termination.

(2) The tenant may determine, solely at the judgment and discretion of the tenant, if the alternate space identified in the notice given under section (1) of this rule is acceptable and shall notify the facility owner(s) or landlord's agent(s) in writing of the tenant’s decision not later than the 20th day after the tenant receives the notice.

(3) The facility owner(s) or landlord's agent(s) shall secure the space acceptable to the tenant from the time of acceptance until the date the relocated floating home is approved for the tenant's occupancy. Costs to secure the space for this period must be included in the facility owner(s) or landlord's agent(s)' paid moving expenses.

History

Statutory/Other Authority: ORS 90.671
Statutes/Other Implemented: ORS 90.671
OHCS 19-2023, amend filed 08/28/2023, effective 08/28/2023
OHCS 7-2011, f. & cert. ef. 8-26-11
OHCS 4-2011(Temp), f. & cert. ef. 3-1-11 thru 8-27-11

Or. Admin. R. 813-065-0230 Moving and Set Up Expenses

(1) The facility owner(s) or landlord's agent(s) shall pay or reimburse actual moving and set-up expenses, as agreed by the facility owner(s) or landlord's agent(s) and the tenant, for moving the tenant's floating home, together with all possessions. Eligible expenses include, but are not limited to:

(a) Costs for disconnecting and reconnecting utilities, including fees related thereto;

(b) Costs for disconnecting and reinstalling any awning or deck;

(d) Costs of moving the floating home;

(e) Set-up charges;

(f) Costs for floating home improvements necessary to meet destination marina space standards;

(g) Costs for packing and unpacking contents of the floating home as necessary for relocation of an elderly or disabled person;

(h) Costs for temporary housing and meals for the tenant during relocation and set up; and

(i) Facility owner(s) or landlord's agent(s) expenses to secure the relocation space from the time of tenant acceptance until the date the relocated floating home is approved for occupancy.

(2) This rule does not require a facility owner(s) or landlord's agent(s) to pay an amount of moving and set-up expenses that exceeds actual costs or $3,500, whichever is less, unless the facility owner(s) or landlord's agent(s) otherwise agrees.

History

Statutory/Other Authority: ORS 90.671
Statutes/Other Implemented: ORS 90.671
OHCS 19-2023, amend filed 08/28/2023, effective 08/28/2023
OHCS 7-2011, f. & cert. ef. 8-26-11
OHCS 4-2011(Temp), f. & cert. ef. 3-1-11 thru 8-27-11

Or. Admin. R. 813-065-0240 Payment of Expenses

(1) The tenant and facility owner(s) or landlord's agent(s) shall agree in writing upon the moving and set-up method and the source of services to be provided for the method not less than the 20th day before the tenant's required moving date.

(2) The facility owner(s) or landlord's agent(s) shall timely pay unpaid billings directly to the vendor and shall reimburse the tenant for appropriate expenses paid directly by the tenant if the tenant submits billings or paid receipts for the expenses within ten days after receiving the billings or receipts. The facility owner(s) or landlord's agent(s) shall reimburse the tenant not later than the 20th day after the tenant submits the billings or receipts.

(3) The facility owner(s) or landlord's agent(s) may contract directly with vendors for the tenant's move if the services are mutually agreed upon in writing by the facility owner(s) or landlord's agent(s) and tenant and are performed by appropriately registered or licensed and bonded personnel.

(4) If the facility owner(s) or landlord's agent(s) and tenant do not reach an agreement in a timely manner prior to the tenant's required moving date, the facility owner(s) or landlord's agent(s) shall timely reimburse the tenant for appropriate moving and set-up expenses consistent with this rule.

History

Statutory/Other Authority: ORS 90.671
Statutes/Other Implemented: ORS 90.671
OHCS 19-2023, amend filed 08/28/2023, effective 08/28/2023
OHCS 7-2011, f. & cert. ef. 8-26-11
OHCS 4-2011(Temp), f. & cert. ef. 3-1-11 thru 8-27-11

Division 66 MANUFACTURED DWELLING REPLACEMENT PROGRAM

Or. Admin. R. 813-066-0005 Purpose and Objective

OAR chapter 813, Division 66 accomplishes the general purpose of ORS 458.356 and ORS 458.358, which authorize the Oregon Housing and Community Services Department (“OHCS”) to develop the Manufactured Dwelling Replacement Program (“Program”) to provide loans and grants to individuals to buy and set up manufactured dwellings that replace older and less energy-efficient manufactured dwellings and provide grants to individuals or entities to decommission and dispose of older, damaged, hazardous, or less energy-efficient manufactured dwellings. The loan and grant funds are intended primarily to be used in combination with other financial sources to reduce the cost of Manufactured Dwelling Replacement Projects for low- to moderate-income households.

History

Statutory/Other Authority: ORS 458.356 & ORS 458.358
Statutes/Other Implemented: ORS 456.555, ORS 446.003, ORS 455.10 & ORS 90.100
OHCS 26-2025, amend filed 06/16/2025, effective 06/16/2025
OHCS 20-2023, amend filed 08/28/2023, effective 08/28/2023
OHCS 13-2021, amend filed 12/17/2021, effective 12/17/2021
OHCS 20-2020, adopt filed 10/12/2020, effective 10/12/2020

Or. Admin. R. 813-066-0010 Definitions

Terms used throughout OAR chapter 813, division 66 may be defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions except as defined below:

(1) “Energy Efficiency Standards” means (i) the equivalent of Energy Star certification or the Northwest Energy Efficient Manufactured Home Program (“NEEM”), NEEM 1.1 or NEEM 2.0, specifications.

(2) “Manufactured Dwelling Park” means a facility for the location and use of manufactured housing, as the term “manufactured housing” is used in ORS 456.548, whether the facility is characterized as a “Mobile Home Park” or a “Manufactured Dwelling Park.”

(3) “Manufactured Dwelling” is as defined in ORS 458.356.

(4) “Manufactured Dwelling Replacement Project” means the project of replacing an existing Manufactured Dwelling, with a new Manufactured Dwelling that is the same number of sections as the dwelling being replaced; with project costs including the base unit price of the new Manufactured Dwelling; new dwelling factory upgrades approved by OHCS; work and permits required to disconnect, remove, and decommission the old manufactured dwelling; permits required to transport both the old and new Manufactured Dwelling; and any work and permits required by applicable city, county, or state ordinance, to be completed or issued, for the delivery, site preparation, and placement of the new Manufactured Dwelling for occupancy.

(5) "Homeowner" means, when referring to a Manufactured Dwelling, the person who is the registered title holder of the Manufactured Dwelling, regardless of who owns the land the Manufactured Dwelling is sited on.

(6) “Natural Disaster” includes any disaster resulting in the declaration of a state of emergency under ORS 401.165 or ORS 401.309 for wildfires, floods, tsunamis, earthquakes, or similar events, including disasters that are caused by or arise from negligent or intentional acts.

(7) “Project Completion” means the new, energy-efficient Manufactured Dwelling has been sited, placed, and has received a permit to occupy issued by the local building permitting authority.

(8) “True Debt” means a debt of monetary value between a lender and borrower(s) that can be verified via documentation that is acceptable to the OHCS. Documentation of debt must contain loan amount, repayment terms, payment history, maturity date, and confirmation of date of execution of the debt instrument.

History

Statutory/Other Authority: ORS 458.356 & ORS 458.358
Statutes/Other Implemented: ORS 456.555, ORS 446.003, ORS 401.165, ORS 401.309, ORS 455.010 & ORS 90.100
OHCS 26-2025, amend filed 06/16/2025, effective 06/16/2025
OHCS 20-2023, amend filed 08/28/2023, effective 08/28/2023
OHCS 29-2022, amend filed 10/24/2022, effective 10/24/2022
OHCS 13-2022, temporary amend filed 06/07/2022, effective 06/07/2022 through 11/20/2022
OHCS 13-2021, amend filed 12/17/2021, effective 12/17/2021
OHCS 6-2021, temporary amend filed 06/07/2021, effective 06/07/2021 through 12/03/2021
OHCS 20-2020, adopt filed 10/12/2020, effective 10/12/2020

Or. Admin. R. 813-066-0015 Allocation of Funds to Approved Lenders and Program Administrators

The Manufactured Dwelling Replacement Program is overseen by OHCS. At OHCS discretion, program funds may be distributed consistent with OAR Chapter 813 pursuant to relevant procurement documents including, but not limited to, a Request for Proposal (RFP) or alternative procurement method. A public or private entity may apply to administer program grants and loans in a fiduciary capacity on behalf of OHCS, provided the entity also meets any additional qualifications and monitoring and administration requirements set forth in the procurement documents.

History

Statutory/Other Authority: ORS 458.356 & ORS 458.358
Statutes/Other Implemented: ORS 456.555, ORS 446.003 & ORS 90.100
OHCS 26-2025, amend filed 06/16/2025, effective 06/16/2025
OHCS 20-2023, amend filed 08/28/2023, effective 08/28/2023
OHCS 13-2021, amend filed 12/17/2021, effective 12/17/2021
OHCS 20-2020, adopt filed 10/12/2020, effective 10/12/2020

Or. Admin. R. 813-066-0020 Manufactured Dwelling Replacement Loan Terms

All loans made under the program will comply with the following terms and criteria in addition to any other requirements imposed by OHCS:

(1)(a) The OHCS manufactured dwelling replacement loan is a gap loan to be used to assist in the completion of the Manufactured Dwelling Replacement Project after all other financial resources available to the homeowner have been utilized. There is no minimum loan amount. Loans for a single-wide Manufactured Dwelling or equivalent are not to exceed $100,000, and loans for a double-wide are not to exceed $175,000. The Director of the Homeownership Division may approve an increase of up to $25,000 above the original loan amount when unavoidable and unexpected costs increase the original completed project amount. A director increase may not exceed program limits.

(b) The loan amount for each Manufactured Dwelling Replacement Project shall be determined through a process prescribed by OHCS.

(2) Homeowner(s) must contribute other available financial resources from sources other than OHCS such as loans, grants, insurance proceeds, savings, or other resources available to the homeowner, toward the cost of the Manufactured Dwelling Replacement Project.

(a) Minimum homeowner contribution shall be determined through a review process prescribed by OHCS and will be considered the primary funding source for the Manufactured Dwelling Replacement Project.

(b) Homeowner(s) may not be required to utilize or access personal financial resources for homeowner minimum contribution if doing so would cause the homeowner(s) to incur a tax penalty such as from early withdrawal from a retirement account or IRA.

(c) Minimum homeowner contribution requirement may be reduced or waived at OHCS discretion on a case-by-case basis, with approval of the Director of the Homeownership Division of OHCS.

(3) The new, replacement Manufactured Dwelling selected by homeowner shall be reviewed and approved by OHCS, meet or exceed Energy Efficiency Standards, and must have the same number of sections and be of similar size as the Manufactured Dwelling that is being replaced. Exceptions to the requirement to meet or exceed Energy Efficiency Standards may be made at the discretion of OHCS for homeowners impacted by natural disasters who do not have access to energy efficiency incentive programs in their location.

(4) Program loans have a zero percent (0%) interest rate.

(5) Program loans do not require regular principal payments.

(6) When a homeowner requires a primary home loan from a lender other than OHCS or other funding sources to complete the Manufactured Dwelling Replacement Project financing, OHCS will agree to subordinate its loan to these funding sources as a security interest holder.

(7) The Program loan balance at closing will be reduced incrementally by 1/120th each month and forgiven completely after 10 years of continuous homeowner occupancy of the new Manufactured Dwelling from the loan origination date, subject to homeowner compliance with all Program requirements.

(8) If the Manufactured Dwelling is sold or is no longer the primary residence of the homeowner before the 10-year homeowner occupancy period expires, the outstanding balance of the Program loan shall be immediately due and payable unless:

(a) The Program loan is assumed by a buyer who meets the minimum income restrictions set forth in ORS 458.356(2)(a) or the minimum income restrictions set forth in the Program loan documents, whichever is more restrictive, or

(b) The remaining balance of the Program loan is forgiven by OHCS due to hardship. Any such loan forgiveness shall be at the sole discretion of OHCS.

(9) The Program loan may be secured by a recorded or filed security interest through a process prescribed by OHCS. OHCS may charge a homeowner for costs incurred by OHCS for filing or recording of documentation or application as necessary to secure the Program loan. The homeowner may pay for these charges from the homeowner’s Program loan or from personal funds.

(10) A Program loan may be made to refinance an existing loan, provided the existing loan can be verified as True Debt, was made for the purpose of an otherwise qualified Manufactured Dwelling Replacement Project, and the existing loan was made after January 1, 2020.

(11) Program loan and grant fund disbursements must comply with the following:

(a) Program loan and grant funds may only be disbursed upon submission to OHCS of invoices received from Manufactured Dwelling retailers, licensed contractors, financial institutions and lenders, title insurance companies, municipalities and government agencies, or other commercial entities for costs required for completion of the Manufactured Dwelling Replacement Project.

(b) Deposits to Manufactured Dwelling retailers for the purchase of the new Manufactured Dwelling may only occur after a placement permit has been received by the homeowner & verified by OHCS. Deposits for any purchases or work for the Manufactured Dwelling Replacement Project must not exceed 50% of the invoice or estimate total.

(c) Program loan and grant funds cannot be disbursed to any individual or entity residing in or holding an ownership interest or security interest in the Manufactured Dwelling being replaced or persons who will hold title to any real property that the new Manufactured Dwelling is to be located or placed upon.

(12) The unpaid balance of the Program loan must be repaid in full upon:

(a) The homeowner’s sale or voluntary transfer of the Manufactured Dwelling without OHCS prior written consent, within 10 years of homeowner occupancy; or

(b) The relocation of the Manufactured Dwelling without OHCS prior written consent; or

(d) The replaced Manufactured Dwelling remaining on site 180 calendar days after the Manufactured Dwelling Replacement Project is completed.

History

Statutory/Other Authority: ORS 458.356 & ORS 458.358
Statutes/Other Implemented: ORS 456.555, ORS 446.003, ORS 455.010 & ORS 90.100
OHCS 26-2025, amend filed 06/16/2025, effective 06/16/2025
OHCS 20-2023, amend filed 08/28/2023, effective 08/28/2023
OHCS 29-2022, amend filed 10/24/2022, effective 10/24/2022
OHCS 13-2022, temporary amend filed 06/07/2022, effective 06/07/2022 through 11/20/2022
OHCS 13-2021, amend filed 12/17/2021, effective 12/17/2021
OHCS 6-2021, temporary amend filed 06/07/2021, effective 06/07/2021 through 12/03/2021
OHCS 20-2020, adopt filed 10/12/2020, effective 10/12/2020

Or. Admin. R. 813-066-0025 Homeowner Eligibility and Requirements for Program Loans

Requirements for homeowner eligibility include, but are not limited to, the following:

(1) The Manufactured Dwelling that is being replaced must be owned by and used as the homeowner’s primary residence a minimum of one year prior to the date of the homeowner’s Program loan application.

(2) The new Manufactured Dwelling must be the homeowner’s primary residence throughout the term of the loan.

(3) Homeowner’s Manufactured Dwelling and income must meet all conditions set forth in ORS 458.356.

(4) Homeowner’s Manufactured Dwelling was:

(a) Constructed prior to 1995 and is not being replaced due to total loss incurred through fire damage, water damage, extreme weather, acts of vandalism, or other events commonly covered by homeowner’s insurance; or

(b) Constructed on any date, destroyed or lost as a result of a Natural Disaster, and was homeowner’s primary residence at the time of the Natural Disaster.

(5) Homeowner has not received or been awarded any other natural disaster Manufactured Dwelling replacement loan or grant funds through OHCS.

(6) Homeowner’s adjusted gross annual income is no greater than 100 percent (100%) of statewide or local area median income, whichever is greater, adjusted for household size at the time of application.

(7) Homeowner has completed an OHCS approved homeownership education course.

History

Statutory/Other Authority: ORS 458.356 & ORS 458.358
Statutes/Other Implemented: ORS 456.555, ORS 446.003, ORS 455.010 & ORS 90.100
OHCS 26-2025, amend filed 06/16/2025, effective 06/16/2025
OHCS 20-2023, amend filed 08/28/2023, effective 08/28/2023
OHCS 29-2022, amend filed 10/24/2022, effective 10/24/2022
OHCS 13-2021, amend filed 12/17/2021, effective 12/17/2021
OHCS 6-2021, temporary amend filed 06/07/2021, effective 06/07/2021 through 12/03/2021
OHCS 20-2020, adopt filed 10/12/2020, effective 10/12/2020

Or. Admin. R. 813-066-0030 Program Decommissioning and Disposal Grant Terms and Eligibility

(1) There is no minimum grant amount for decommissioning and disposal of the homeowner’s current Manufactured Dwelling and the maximum grant amount allowable is the lesser of $15,000 or the cost of decommissioning and disposal of the Manufactured Dwelling.

(2) Grants will be awarded to an individual or entity that meets the qualifications set forth in ORS 458.358 and applicable administrative rules.

(3) Grants may be awarded when all of the following requirements are met:

(a) The grant is for the safe remediation of Manufactured Dwellings with environmental and public health hazards and risks, including asbestos, lead paint, and mold;

(b) The grant is made to homeowners with an adjusted gross annual household income no greater than 100 percent (100%) of statewide or local area median income, whichever is greater, adjusted for household size at the time of application;

(c) The Manufactured Dwelling that is being demolished and disposed of must be owned by the grant recipient for a minimum of one year prior to the date of the grant application; and

(d) The grant is for the decommissioning of a Manufactured Dwelling constructed prior to 1995 and is not being decommissioned due to total loss incurred through fire damage, water damage, extreme weather, acts of vandalism, or other events commonly covered by homeowner’s insurance.

(4) A qualified individual or entity may apply for a grant without applying for a Program loan.

(5) Documentation, as outlined in the procurement documents, confirming proper disposal of the decommissioned manufactured dwelling is required.

(6) An entity is limited to receiving a total of five grants under this Program.

History

Statutory/Other Authority: ORS 458.356 & ORS 458.358
Statutes/Other Implemented: ORS 456.555, ORS 446.003, ORS 455.010 & ORS 90.100
OHCS 26-2025, amend filed 06/16/2025, effective 06/16/2025
OHCS 20-2023, amend filed 08/28/2023, effective 08/28/2023
OHCS 29-2022, amend filed 10/24/2022, effective 10/24/2022
OHCS 13-2021, amend filed 12/17/2021, effective 12/17/2021
OHCS 6-2021, temporary amend filed 06/07/2021, effective 06/07/2021 through 12/03/2021
OHCS 20-2020, adopt filed 10/12/2020, effective 10/12/2020

Or. Admin. R. 813-066-0035 Manufactured Home Replacement Program Energy Grant Terms and Eligibility

(1) Grant funds may be used for Manufactured Dwelling Replacement Project completion as a means to deliver energy efficiency, pursuant to the OHCS Manufactured Dwelling Replacement Program.

(2) There is no minimum grant amount. The maximum grant amount is $50,000 when combined with other OHCS Manufactured Dwelling Replacement funding; the maximum grant amount is $125,000 when not used in combination with any other OHCS Manufactured Dwelling Replacement funding.

(3) Grants will be awarded to an individual that meets the qualifications set forth in ORS 458.358 and applicable administrative rules.

(4) The Manufactured Dwelling that is being replaced must be owned by the grant recipient and used as the recipient’s primary residence for a minimum of one year prior to the date of the grant application.

(5) The primary heating fuel source of the new, replacement Manufactured Dwelling must be electric and must meet Energy Efficiency Standards..

(6) The new, replacement Manufactured Dwelling selected by the grant recipient must reviewed and approved by OHCS, must be a single or double section dwelling, and must be the same number of sections and similar size as the Manufactured Dwelling that is being replaced.(7) An individual that qualifies under ORS 458.358 may apply for a grant through a process established by OHCS or an entity authorized by OHCS to administer the program.

(7) An individual must have an adjusted gross annual household income no greater than 100 percent (100%) of statewide or local area median household income, whichever is greater, adjusted for household size at the time of application.

(8) The grant must be for a Manufactured Dwelling Replacement Project located within the Portland General Electric or Pacific Power service areas. that includes the decommissioning and replacement of a Manufactured Dwelling built prior to 1995.

(9) A qualified individual may apply for a grant without applying for an OHCS Manufactured Dwelling Replacement Program loan if funding availability for the entirety of the individual’s Manufactured Dwelling Replacement Project can be verified.

(10) Documentation, as outlined in the grant agreement, confirming proper disposal of the replaced Manufactured Dwelling is required.

(11) Funding from grants must be used for the Manufactured Dwelling Replacement Project for the purpose of increasing energy efficiency and cannot be released until a placement permit for the new Manufactured Dwelling has been issued by the local permitting authority.

History

Statutory/Other Authority: ORS 757.612, ORS 458.356 & ORS 458.358
Statutes/Other Implemented: ORS 456.555, ORS 446.003, ORS 455.010 & ORS 90.100
OHCS 26-2025, amend filed 06/16/2025, effective 06/16/2025
OHCS 20-2023, amend filed 08/28/2023, effective 08/28/2023
OHCS 29-2022, adopt filed 10/24/2022, effective 10/24/2022

Division 70 HOME IMPROVEMENT LOAN PROGRAM

Or. Admin. R. 813-070-0005 Purpose and Objectives

The rules of OAR 813, division 70 are established to administer and enforce ORS 456.515 through 456.720, specifically 456.690. These rules, together with the Program’s Procedural Guide, shall implement the Home Improvement Loan Program. The Program’s objective is to provide funds to finance the rehabilitation or improvement of residential housing, thereby providing adequate, safe and sanitary residential housing for occupancy by moderate and lower-income persons in Oregon. Through the Home Improvement Loan Program, the agency increases the availability of funds for such housing by making commitments to financial institutions to purchase, and by purchasing pursuant to such commitments, loans which meet the standards set forth in these rules and the Program’s Procedural Guide.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.690
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 16-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
1HD 12-1984, f. & ef. 9-4-84
1HD 5-1983, f. & ef. 9-2-83

Or. Admin. R. 813-070-0010 Definitions

(1) All terms are used in OAR 813, division 70 as defined in the Act, and as provided in OAR 813-005-0005 or herein.

(2) As used in these rules, unless otherwise indicated by the context:

(a) “Income” means the total of the gross annualized income, from any source and before taxes and withholding, of all non-minor persons who will occupy a Residential Dwelling, except for non-owner occupants of a two-to-four family dwelling;

(b) “Participating Local Government” means the cities and counties located in the state which meet the requirements of the Home Improvement Loan Program and which agree to participate in the Program pursuant to the Procedural Guide and the conditions set forth in these rules;

(c) “Reinvestment Neighborhood” means a geographical area in Oregon, as designated by the related Participating Local Government;

(d) “Residential Dwelling” means a residential unit designed for occupancy by one to four households, and the property on which it is located. This shall be real property located in Oregon. This may include a site-built or manufactured detached residence, or one unit in an attached or multi-unit structure. One unit of such dwelling shall be occupied by the owner of the property.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.690
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 16-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
1HD 12-1984, f. & ef. 9-4-84
1HD 5-1983, f. & ef. 9-2-83

Or. Admin. R. 813-070-0015 Allocation of Funds to Approved Lenders

Under the Home Improvement Loan Program, the Department may rely on a commitment system or a first-come first-served reservation system to solicit and monitor participation by Approved Lenders when funds become available from the proceeds of Bonds or other sources. The Department solicits commitment requests or participation in the Program by Approved Lenders when the Department determines that the Home Improvement Loan Program will serve to carry out the purposes of the Act and funds may be available.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.690
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 16-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89, Sec. (2), (3) & (4) Renumbered to 813-070-0016
1HD 12-1984, f. & cert. ef. 9-4-84
1HD 5-1983, f. & cert. ef. 9-2-83

Or. Admin. R. 813-070-0016 Commitment System

Under the commitment system, the Department shall solicit commitment requests by mailing a commitment invitation form to each Approved Lender at the address listed in the records of the Department. The Department shall seek commitment requests before the sale of Bonds or when funds are otherwise expected to become available.

(1) The commitment invitation form shall specify the terms on which the Department will accept commitment requests from Approved Lenders, including:

(a) The minimum commitment amount, if any, which Approved Lenders may request;

(b) The maximum interest rate applicable to Program Loans under the commitment;

(c) The price the Department shall pay for such Program Loans and the origination fees, discounts, appraisal fees, inspection fees, and other expenses which may be charged in connection with Program Loan origination;

(d) The period during which the Department will purchase Program Loans;

(e) The commitment fee the Department shall charge Approved Lenders in connection with commitment requests;

(f) The servicing fees the Department shall pay for Program Loan servicing; and

(g) Such other similar terms as the Department may deem advisable. The Department shall consider:

(A) The cost of borrowing the funds required to carry out the Home Improvement Loan Program;

(B) The estimated cost of improvements to Residential Dwellings within Oregon;

(C) The interest rates the Department estimates Eligible Borrowers can afford to pay when financing improvements of such Residential Dwellings;

(D) The availability and cost to Eligible Borrowers of alternative borrowing sources; and

(E) Other similar factors the Department considers appropriate to increase the availability of funds for financing improvements of Residential Dwellings by Eligible Borrowers and to ensure the security for and the ability of the State to repay the Bonds.

(2) The Department may accept commitment requests as specified in the commitment invitation form. If the Department does not accept any request, the Approved Lender shall be notified promptly.

(3) The Department shall allocate funds, taking into account the following factors:

(a) Geographic area in which the Approved Lender is engaged in residential lending;

(b) Other participants in such area;

(d) Availability of funds to the Department;

(e) Prior experience with the Approved Lender; and

(f) Participation by the Approved Lender in previous Programs.

(4) No allocation to an Approved Lender shall exceed the amount of funds for which the Approved Lender applied, but may be less than the amount requested. The Department’s allocation of funds shall be conclusive. However, Approved Lenders may assign allocations to other Approved Lenders with the Department’s written consent.

(5) To assure that Approved Lenders perform their obligations under commitments entered into with the Department and to defray costs associated with processing and administering commitment requests and commitments, the Department may establish commitment fees in connection with commitment requests under the Home Improvement Loan Program. Commitment fees may be refunded or reduced in accordance with the terms and conditions of the Program Loan purchase agreement.

(6) Disbursements under the commitment shall be subject to availability of Bond proceeds or other funds. Thereafter, the Department shall disburse funds to purchase Program Loans as specified in the commitment invitation form and the Program’s Procedural Guide. The Approved Lender shall submit the Program Loan, related documents and a submission report for the Department’s review before loan purchase. The purchase of any Program Loan is subject to the legal, sufficient and proper form of the loan documents, and adequate evidence the Program Loan satisfies all the criteria provided in the Act, the Program rules and the Program’s Procedural Guide.

(7) Approved Lenders shall report periodically during the commitment term. If, in the judgment of the Department, the Approved Lender will not use the amount of the commitment within the commitment, period, the Department may reallocate the remaining balance.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.690
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 16-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89, Sec. (2), (3) & (4) Renumbered to 813-070-0016
1HD 12-1984, f. & cert. ef. 9-4-84

Or. Admin. R. 813-070-0017 Reservation System

(1) Under the reservation system, the Department purchases Program Loans pursuant to first-come first-served reservations made by Approved Lenders, and in compliance with the Program’s Procedural Guide. The Department shall solicit participation in the Program by mailing a reservation invitation and request form to each Approved Lender at the address listed in the records of the Department. The Department shall solicit participation in the Program before the sale of Bonds or when funds are otherwise expected to become available.

(2) The reservation invitation form specifies the terms on which the Department will accept participation in the Program by Approved Lenders, including:

(a) The date by which requests to participate must be received by the Department;

(b) The term during which Program Loan fund reservations may be placed and during which Program Loans may be purchased by the Department;

(d) Any fees payable by an Approved Lender to the Department;

(e) The price the Department shall pay for such Program Loans and the origination fees, discounts, and other expenses which may be charged in connection with Program Loan origination;

(f) The servicing fees the Department shall pay for Program Loan servicing; and

(g) Any special terms or conditions of the Program.

(3)(a) The Department may accept requests to participate as specified in the reservation invitation and request form. With each Program, the Department may take into consideration the following factors:

(A) Geographic area of the Approved Lender’s residential lending;

(B) Other participants in the area;

(D) Availability of funds to the Department;

(E) Prior experience with the Approved Lender; and

(F) Participation by the Approved Lender in previous Programs.

(b) If the Department does not accept any request, the Approved Lender shall be notified promptly.

(4)(a) Program Loan funds shall be reserved on a first-come first-served loan by loan basis. Approved Lenders must place reservations as instructed in the invitation, and must provide the applicant’s name, property address, loan amount and any other information the Department deems necessary. The Department shall confirm each reservation with the Approved Lender in a timely manner;

(b) As needed, the Department shall maintain a list of standby reservations to be moved to the active reservation list on a first-come first-served basis in the event any confirmed reservation is cancelled by an Approved Lender.

(5) An Approved Lender may assign a reservation to another Approved Lender with the written consent of both Approved Lenders and approval by the Department.

(6) The Department may charge a non-refundable reservation fee to the Approved Lender in connection with each reservation. The Department shall specify the reservation fee rate and remittance instructions in connection with each Program in the invitation.

(7) The Approved Lender shall submit the Program Loan, related documents and a submission report for the Department’s review before loan purchase. The purchase of any Program Loan is subject to the legal, sufficient and proper form of the loan documents, and adequate evidence that the Program Loan satisfies all the criteria provided in the Act, the Program rules and the Program’s Procedural Guide.

(8) Approved Lenders shall report periodically during the Program term on a form designated by the Department. The Approved Lender shall report and confirm to the Department for each reservation, the correct borrower name, property address, loan amount, and the dates on which the loan was cancelled or approved and closed.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.690
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 16-1989, f. & cert. ef. 11-3-89

Or. Admin. R. 813-070-0020 Approved Lenders

(1) Any commercial bank, savings and loan association, savings bank, mortgage banker or other Person legally authorized to engage in the business of making secured loans for residential housing may apply to become an Approved Lender. An applicant wishing to become an Approved Lender shall submit for the Department’s review:

(a) An application in the form prescribed by the Department;

(b) Counsel’s opinion regarding power and authority of the applicant to enter into a purchase agreement with the Department;

(d) Most recent audited financial statements;

(e) Documentation evidencing applicant’s bond and insurance coverage; and

(f) $25 application fee.

(2) An applicant may qualify as an Approved Lender if the Department determines that the applicant has the capability and resources to originate Program Loans in a sound and professional manner. The Department shall consider such factors as:

(a) The number and experience of employees available to originate Program Loans;

(b) The applicant’s financial capability to originate Program Loans;

(d) Whether the applicant’s deposits are insured by the Federal Deposit Insurance Corporation;

(e) The applicant’s reputation, experience and performance in the area of residential lending and any other area of the applicant’s business; and

(f) The applicant’s geographical service area. Each Approved Lender shall make loans for the improvement of Residential Dwellings in the regular, usual and normal course of business.

(3) To qualify as an Approved Lender, an institution shall enter into an agreement with the Department providing for the manner and terms of sale of Program Loans. This purchase agreement shall be in the standard form prescribed by the Department for all Approved Lenders. Approved Lenders shall carry out such agreement in accordance with procedures set forth in the agreement and the Program’s Procedural Guide. The Department may revise these procedures from time to time. Any such revisions shall not affect the eligibility of any Approved Lender or the terms of sale of Program Loans for any commitment previously made by the Department. The Department may terminate its agreement with an Approved Lender at any time on the terms and conditions stated in such agreement and the Program’s Procedural Guide.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.690
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 16-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
1HD 12-1984, f. & ef. 9-4-84
1HD 5-1983, f. & ef. 9-2-83

Or. Admin. R. 813-070-0025 Program Loans

(1) To be eligible for purchase by the Department pursuant to a commitment to or agreement with an Approved Lender, a Program Loan shall be made by the Approved Lender during the term of the Program. The Program Loan shall comply with the terms of such commitment or agreement, the requirements set forth in the purchase agreement between the Department and the Approved Lender and the conditions set forth in the Program rules and the Program’s Procedural Guide.

(2)(a) Each Program Loan shall have a final maturity at least 24 months and not more than fifteen years and 32 days from the date of its making;

(b) The Program Loan shall be secured by a recorded deed of trust granted by the Eligible Borrower and any additional persons in title, on the Residential Dwelling for which improvements are being financed. Title shall be held by the Eligible Borrower in fee simple, life estate or under a contractual interest. Program Loans shall only be made to finance alterations, repairs or improve-ments which substantially protect or improve the basic livability or energy efficiency of a Residential Dwelling;

(d) No Program Loan shall be made to refinance an existing loan unless such loan was a temporary loan for the improvement of a Residential Dwelling. Such loan shall have been made during the commitment under which the Program Loan is sold to the Department.

(3) Each Program Loan shall:

(a) Be executed on forms approved by the Department;

(b) Be originated according to normal lending procedures;

(d) Comply with applicable rules and regulations for Title I insurance.

(4) There shall be no penalties or charges for prepayment of a Program Loan.

(5) Interest on each Program Loan shall be at the rate stated in the applicable commitment. To establish the interest rate for Program Loans, the Department shall consider the rates of interest on the Bonds, prevailing rates for similar loans and the ability of Eligible Borrowers to afford such rates. The Department shall also take into account the community development objectives of the Participating Local Governments. Interest or other charges established for any Program Loan shall not exceed the limits imposed by any applicable usury laws.

(6) The principal amount of a Program Loan shall not exceed $15,000.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.690
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 16-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
1HD 12-1984, f. & ef. 9-4-84
1HD 5-1983, f. & ef. 9-2-83

Or. Admin. R. 813-070-0030 Permissible Use of Property Improved by a Program Loan

(1) Borrower shall continuously occupy the Residential Dwelling improved by a Program Loan as a permanent and primary residence during the time the Program Loan is outstanding. Borrower shall not sell, transfer, or otherwise dispose of (and may not be a party to any formal or informal arrangement to sell, transfer or otherwise dispose of) the Residential Dwelling improved by a Program Loan before repaying the Program Loan in full.

(2) Program Loans shall not be assumed by a subsequent purchaser but shall be due upon sale or transfer of the property.

(3) If the Borrower does not comply with the provisions of this rule, at the request of the Department the Approved Servicer may, at any time and without prior notice, accelerate all payments due under the Program Loan and exercise any other remedy allowable by law.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.690
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 16-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
1HD 12-1984, f. & ef. 9-4-84
1HD 5-1983, f. & ef. 9-2-83

Or. Admin. R. 813-070-0035 Eligible Borrowers

(1) To be eligible to receive a Program Loan, an Eligible Borrower shall, on the date of application:

(a) Be a resident of Oregon, and, unless otherwise approved by the Department, a resident of a Reinvestment Neighborhood designated by the relevant Participating Local Government, or a resident of a Target Area;

(b) Be a person whose total household Income does not exceed the lesser of:

(A) Median family income in the area where the housing is to be provided, as established by the Department pursuant to the Act; or

(B) The maximum established by the relevant Participating Local Government for Eligible Borrowers residing in a Reinvestment Neighborhood.

(d) Have a credit standing acceptable to the Department;

(e) Have at least a one-third interest in one of the following types of ownership in the property to be improved:

(A) A fee title;

(B) A life estate;

(D) A mutually binding contract for the purchase of the property where the Borrower is rightfully in possession and has the benefits and burdens of ownership of the property, and the purchase price of which is payable in installments.

(f) Agree to occupy the property to be improved as a principal residence by the date of completion of the improvements or 60 days from the date of the note, whichever is earlier;

(g) Meet requirements established by Section 143 of the Internal Revenue Code of 1986, as amended, which requirements are described in OAR 813-070-0065; and

(h) Not have a prior outstanding Program Loan.

(2) Applications for Program Loans shall be made on forms prepared or approved by the Department. Approved Lenders shall provide such forms to prospective applicants and take normal and appropriate measures to verify the information given. Subject to the provisions of OAR 813-070-0050 regarding refusals of Program Loans, the Approved Lender shall determine qualifications of an applicant as an Eligible Borrower.

(3) The acceptability of the applicant’s credit standing shall be determined after thoroughly evaluating the applicant’s credit, taking into account such factors as:

(a) The ratio between the applicant’s stable monthly income and estimated housing expenses, including repayment of the Program Loan;

(b) The ratio between the applicant’s stable monthly income and the estimated monthly payments on all indebtedness of the applicant, including the Program Loan;

(d) The history of the applicant’s previous ability to meet debt service requirements; and

(e) Any other factors commonly considered by prudent institutional mortgage investors, such as prior bankruptcy of the applicant, history of slow payments on previous obligations, job tenure, frequent changes of residence and the existence of lawsuits, judgments or foreclosures involving the applicant.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.690
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 16-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
1HD 12-1984, f. & ef. 9-4-84
1HD 5-1983, f. & ef. 9-2-83

Or. Admin. R. 813-070-0040 Eligible Residential Dwellings

A Residential Dwelling for a Program Loan shall:

(1) Be located in Oregon and, unless otherwise designated by the Department, in a Reinvestment Neighborhood or a Target Area.

(2) Be a permanent structure used primarily for year-round residential use.

(3) If two or more units, have been constructed and initially occupied as a residence five years before the closing of the Program Loan.

(4) Be structurally sound and functionally adequate upon completion of improvements to be financed with the proceeds of a Program Loan, and meet all applicable zoning requirements, rehabilitation codes, housing codes and similar requirements.

(5) Have no more than 15 percent of the total living area of the residence be of a character subject to being rented for or used in the operation of a trade or business conducted on any part of the land or improvements (i.e., any use which would qualify as a deduction for federal income tax purposes under Section 208A of the Internal Revenue Code).

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.690
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 16-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
1HD 12-1984, f. & ef. 9-4-84
1HD 5-1983, f. & ef. 9-2-83

Or. Admin. R. 813-070-0045 Mortgage Insurance

All Program Loans to be purchased by the Department under the Home Improvement Loan Program shall be insured under the Title I Property Improvement Loan Insurance Program of the Federal Housing Administration (FHA). The designated Trustee, on behalf of the Department, shall be named as the insured. The Approved Lender shall be responsible for reporting the loan to FHA for insurance, and shall originate and process the Program Loan in compliance with the Program’s Procedural Guide, the Program rules, and rules and regulations of FHA to ensure that the Trustee will receive FHA insurance on the Program Loan.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.690
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 16-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
1HD 12-1984, f. & ef. 9-4-84
1HD 5-1983, f. & ef. 9-2-83

Or. Admin. R. 813-070-0050 Refusal of Program Loans; Disclosure

(1) An Approved Lender shall proceed in good faith to process a Program Loan application and make the Program Loan if:

(a) Loan funds are available;

(b) The application is complete;

(c) The application appears to comply with the Program rules, the Program’s Procedural Guide, and the rules and regulations of the Federal Housing Administration; and

(d) The applicant appears to be an Eligible Borrower.

(2) Any person who is refused a Program Loan by an Approved Lender may, in writing, demand a written explanation as to the specific reasons for the refusal. The Approved Lender shall comply with such demand within thirty business days.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.690
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 16-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
1HD 12-1984, f. & ef. 9-4-84
1HD 5-1983, f. & ef. 9-2-83

Or. Admin. R. 813-070-0055 Approved Servicer

(1) Any commercial bank, savings and loan association, savings bank, mortgage banker or other Person legally authorized to engage in the business of servicing loans for residential housing may apply to become an Approved Servicer. An applicant wishing to become an Approved Servicer shall submit the following information for the Department’s for review:

(a) An application in the form prescribed by the Department;

(b) Counsel’s opinion regarding power and authority of the applicant to enter into a Loan servicing agreement with the Department;

(d) Most recent audited financial statements;

(e) Documentation evidencing bond and insurance coverage; and

(f) $25 application fee.

(2) To qualify as an Approved Servicer and continue as such, a financial institution shall demonstrate to the Department’s satisfaction that:

(a) One of its principal functions is servicing loans secured by residential real estate;

(b) Such servicing is a customary and regular business activity of the applicant;

(d) It will maintain servicing facilities adequately staffed with trained personnel familiar with all rules, regulations and requirements pertaining to or affecting Program Loans; and

(e) It deposits funds to accounts in depositories which comply with the requirements of ORS 295.005, 295.015 to 295.018 and 295.025 which are insured to the full extent legally possible by the Federal Deposit Insurance Corporation or other similar federal insuring department.

(3) The Department shall adopt uniform servicing rates as specified by the Department in the Procedural Guide which shall apply to the servicing of Program Loans by all Approved Servicers. In setting these rates, the Department shall consider the estimated costs of servicing Program Loans and prevailing rates for similar services.

(4) The Department may allocate Program Loans to Approved Servicers after considering the area in which the mortgaged property is located. To encourage participation in the Program and for convenience, the Department ordinarily requests that the Approved Lender originating a Program Loan continue to service the Program Loan for the Department.

(5) Approved Servicers shall service Program Loans in accordance with the servicing agreement, the Program rules, and the Program’s Procedural Guide. The servicing agreement is subject to termination as provided for in such agreement. Any compensation for termination will be provided in accordance with the terms of the agreement.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 295 & 456.690
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 8-1990, f. & cert. ef. 5-2-90
HSG 16-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
1HD 12-1984, f. & ef. 9-4-84
1HD 5-1983, f. & ef. 9-2-83

Or. Admin. R. 813-070-0065 Federal Eligibility Requirements

(1) Section 143 of the Internal Revenue Code of 1986, as amended, requires the Department to meet certain requirements in order to preserve the federal tax exemption for Bonds issued to finance Program Loans. These requirements:

(a) Require the Residential Dwelling to be improved to be owned and occupied by the Eligible Borrower as a principal residence;

(b) Require that the proceeds of a Program Loan be used to finance alterations, repairs and improvements of a Residential Dwelling which substantially protect or improve the basic livability or energy efficiency of such dwelling; and

(2) The Department is required to make available for qualified loans in Targeted Areas a specified portion of the lendable proceeds of Bonds sold. Certain census tracts are designated as Targeted Areas by Section 143 of the Internal Revenue Code of 1986, as amended. The Department may apply for approval of additional or revised Targeted Areas after taking into account certain statutory variables. In designating such areas, the Department shall solicit requests from all cities within the state, and apply certain criteria specified by the United States Department of Housing and Urban Development for such purpose to other urban and non-urban areas. The Housing Division shall submit its findings for approval by the Secretary of the United States Department of Housing and Urban Development and the Secretary of the United States Treasury. The Department shall retain a current list of designated Targeted Areas.

(3) The Department is required to establish procedures which ensure compliance with the requirements of Section 143 of the Internal Revenue Code of 1986, as amended. Any failure to meet these requirements shall be corrected within a reasonable time. The Department shall grant no exceptions or waivers unless allowed by federal law.

(4) Where required by federal law, the Department shall calculate and rebate certain amounts, if any, to the United States Treasury.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.690
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 16-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
1HD 12-1984, f. & ef. 9-4-84
1HD 5-1983, f. & ef. 9-2-83

Division 80 MORTGAGE CREDIT CERTIFICATE PROGRAM

Or. Admin. R. 813-080-0005 Purpose and Objectives

(1) The rules of this division, are established to administer and enforce ORS 456.515 through 456.725, specifically 456.605. These rules, together with the Program’s Procedural Guide, shall implement the Mortgage Credit Certificate Program. The program’s objective is to assist and encourage moderate and lower-income persons in the State of Oregon to purchase, improve, or rehabilitate new and existing single-family residences through the issuance of a Mortgage Credit Certificate.

(2) The Mortgage Credit Certificate allows the certificate holder, subject to certain limitations, a federal income tax credit. A Mortgage Credit Certificate is issued in connection with a mortgage that a certificate holder obtains to purchase, improve, or rehabilitate a single-family residence.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 456.515 - 456.720
Statutes/Other Implemented: ORS 456.605
HSG 5-1994, f. & cert. ef. 8-26-94
Reverted to HSG 8-1991, f. & cert. ef. 12-23-91
HSG 5-1993(Temp), f. & cert. ef. 10-1-93
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 17-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
1HD 4-1986, f. & ef. 12-3-86
1HD 2-1986(Temp), f. & ef. 6-17-86

Or. Admin. R. 813-080-0010 Definitions

All terms are used in this Division, as defined in the Act, and as provided in OAR 813-005-0005 and herein. As used in these rules, unless otherwise indicated by the context:

(1) “Acquisition Cost” has the meaning given that term under Section 143(k)(3) of the Internal Revenue Code of 1986, as amended and applicable regulations thereunder. This includes but is not limited to the cost of acquiring a residence (purchase price) from the seller as a completed residential unit.

(2) “Adjusted Basis” has the meaning given that term under Section 1221 of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder in effect on December 2, 1986. It is determined in the same manner as a capital asset: The original cost of a property plus the value of any capital expenditures for improvements to the property, minus any depreciation taken.

(3) “Affidavit” means a sworn statement in writing made under oath and subject to the penalties of perjury.

(4) “Certificate” means a written document authorizing and verifying the amount of the tax credit allowed under the Mortgage Credit Certificate Program. The document shall include the information required by the Internal Revenue Code of 1986, as amended, and Section 1.25-6T(b)(1) through (20) of the regulations thereunder.

(5) “Certificate Holder” means an eligible borrower(s) meeting the criteria and requirements set forth in these rules and to whom a Mortgage Credit Certificate has been issued.

(6) “Certification” means a signed written statement confirming the truth and accuracy of the information provided.

(7) “Certified Indebtedness Amount” means the amount of indebtedness incurred by the taxpayer to acquire the principal single-family residence, or as a Qualified Home Improvement Loan, or as a Qualified Rehabilitation Loan, and is specified in the Mortgage Credit Certificate.

(8) “Eligible Borrower” means any person meeting the criteria set fourth in OAR 813-080-0040 who has been determined to be eligible but has not been issued a Mortgage Credit Certificate.

(9) “Existing Home” means a single-family residence that has been occupied previously.

(10) “Household” mean any person or persons living together in a single-family residence (e.g., married couples, two-unmarried persons sharing the same single-family residence, a single person, etc.).

(11) “Income” means the total of the gross annualized income, from any source and before taxes and withholding, of all non-minor persons who will reside in the single-family residence.

(12) “Issuer” means the agency of the State of Oregon.

(13) “Lender” means any person, including an issuer of Mortgage Credit Certificates, who provides financing for the acquisition, Qualified Rehabilitation, or Qualified Home Improvement of a single-family residence, and who has entered into a Mortgage Credit Certificate Lender Agreement with the Department.

(14) “Mortgage” means any instrument which evidences the conveyance of an interest in a single-family residence as defined under these rules. This includes but is not limited to mortgages, deeds of trust, land sale contracts, pledges, agreements to hold title in escrow, and any other form of owner financing.

(15) “New Home” means a single-family residence which has not been occupied previously.

(16) “Principal Residence” means the primary dwelling in which one lives.

(17) “Qualified Home Improvement” means financing (whether or not secured by a mortgage), in an amount which does not exceed $15,000 in relation to any residence, of alterations, repairs, and improvements by the owner on or in connection with an existing owner-occupied single-family residence, but only if such items substantially protect or improve the basic livability or energy efficiency of the residence. It does not include financing of luxury items such as swimming pools, saunas, hot tubs, or hobby shops.

(18) “Qualified Rehabilitation” means financing of any rehabilitation of a residence if there is a period of at least 20 years between the date on which the building was first used and the date physical work on the rehabilitation begins; if in the rehabilitation process, 50 percent or more of the existing external walls of such building are retained in place as external walls, 75 percent or more of the existing external walls of the building are retained in place as internal or external walls, 75 percent or more of the existing internal structural framework of such building is retained in place; and the expenditures of such rehabilitation are 25 percent or more of the mortgagor’s adjusted basis in the single-family residence (including the land on which the residence is located). It does not include financing of luxury items such as swimming pools, saunas, hot tubs or hobby shops.

(19) “Related Person” has the meaning given that term under Section 144(a)(3) of the Internal Revenue Code of 1986, as amended, and Section 1.103-10(e)(1) of the regulations thereunder. This includes, but is not limited to, mother; father; son; daughter; grandmother; grandfather; brother; sister; other lineal descendants by full or partial blood, marriage, or contract of law; or persons with an ownership interest in a business.

(20) “Single-Family Residence” means a housing unit intended and used for occupancy by one household. This shall be real property or manufactured housing located in Oregon. A single-family residence may include a single-family residence, condominium unit, a dwelling in a Planned Unit Development (PUD), a mobile or manufactured home which has a minimum of 400 square feet of living space and a minimum width in excess of 102 inches and is of a kind customarily used at a fixed location, or a unit in a housing cooperative.

(21) “Tax Credit Rate” means the percentage rate specified by the issuer on the Mortgage Credit Certificate which the certificate holder shall use in calculating the allowable tax credit.

(22) “Total Proceeds” means the sum of the products determined by multiplying the certified indebtedness amount of each Mortgage Credit Certificate issued pursuant to such issue by the tax credit rate specified in such certificate.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.605
Reverted to HSG 8-1991, f. & cert. ef. 12-23-91
HSG 5-1993(Temp), f. & cert. ef. 10-1-93
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 17-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
1HD 4-1986, f. & ef. 12-3-86
1HD 2-1986(Temp), f. & ef. 6-17-86

Or. Admin. R. 813-080-0015 Tax Credit

(1) The Mortgage Credit Certificate shall authorize the certificate holder to claim a federal income tax credit in connection with a mortgage loan on a single-family residence which is the certificate holder’s principal residence. The amount of the tax credit is determined by multiplying the amount of the mortgage interest paid or accrued on the principal residence of the certificate holder during the taxable year by the tax credit rate.

(2) The issuer shall determine the Tax Credit Rate in accordance with Section 25(d) of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.605
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 17-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
1HD 4-1986, f. & ef. 12-3-86
1HD 2-1986(Temp), f. & ef. 6-17-86

Or. Admin. R. 813-080-0020 Public Notice Requirement

The issuer shall issue Mortgage Credit Certificates only after making generally available a notice of the proposed plan of distribution of the certificates at least 90 days before the Mortgage Credit Certificates are made available. The notice shall include all information required by Section 25 of the Internal Revenue Code of 1986, as amended, and Section 1.25-7T of the regulations thereunder. The notice shall also provide a brief description of the methods by which the certificates are to be issued and the address and telephone number for obtaining further information.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.605
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 17-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
1HD 4-1986, f. & ef. 12-3-86
1HD 2-1986(Temp), f. & ef. 6-17-86

Or. Admin. R. 813-080-0025 Targeted Area Requirements

(1) A portion of the total proceeds of any issue shall be reserved for one year after the date on which Mortgage Credit Certificates are first made available to provide Mortgage Credit Certificates in connection with financing of Targeted Area single-family residences.

(2) Mortgage Credit Certificates shall be considered first made available on the date the issuer first begins to accept applications for Mortgage Credit Certificates provided under that issue.

(3) The reserved portion of the total proceeds of an issue shall be the lesser of:

(a) Twenty percent of the total proceeds;

(b) Eight percent of the average annual aggregate principal amount of Mortgages executed during the immediately preceding three calendar years for owner-occupied single-family residences in Targeted Areas within the jurisdiction of the issuing authority; or

(c) To compute the required portion of the total proceeds, the issuer may rely on the formulas provided in Section 143(h) of the Internal Revenue Code of 1986, as amended, and the regulations thereunder.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.605
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 17-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
1HD 4-1986, f. & ef. 12-3-86
1HD 2-1986(Temp), f. & ef. 6-17-86

Or. Admin. R. 813-080-0030 Allocation of Mortgage Credit Certificates

(1) Under the program, the issuer may issue Mortgage Credit Certificates to eligible borrowers.

(2) An applicant wishing to participate in the program may apply through any lender who is not a related person. The Lender shall sign and agree to the terms of the issuer’s Mortgage Credit Certificate Lender Agreement before a Mortgage Credit Certificate will be issued to the eligible borrower.

(3) Mortgage Credit Certificate application shall be made on forms prepared or approved by the issuer. The lender shall provide such forms to prospective applicants and take normal and appropriate measures to verify the information given. The lender shall determine the qualifications of an applicant as an eligible borrower for a Mortgage Credit Certificate.

(4) If the applicant meets the Program requirements, the lender shall obtain a completed and signed Application Affidavit from the applicant. Upon receipt of the signed Application Affidavit, the lender shall place with the issuer a reservation for tax credit authority for that applicant in the manner prescribed by the issuer. The issuer shall issue a letter which confirms that tax credit authority has been reserved, and lists the program requirements the applicant must meet to qualify for the Mortgage Credit Certificate. The lender shall notify the issuer, in writing, of any changes in the information furnished in the letter. The issuer shall issue Mortgage Credit Certificates only to applicants for whom a reservation for tax credit authority has been made, and who, at loan closing, meet the program requirements listed in the letter.

(5) If a lender determines that an applicant does not qualify for a Mortgage Credit Certificate, the lender shall instruct the issuer to cancel that applicant’s reservation for tax credit authority.

(6) The lender shall provide to the issuer evidence of closing and other information the issuer may require within ten working days of loan closing unless the issuer approves a later submission upon written request of the lender. Upon review and approval of the information submitted, the issuer shall issue the Mortgage Credit Certificate. If the issuer disapproves issuance of a Mortgage Credit Certificate, the issuer shall cancel that applicant’s reservation for tax credit authority and notify the lender immediately of the actions taken.

(7) The issuer may establish reasonable fees in connection with the issuance of a Mortgage Credit Certificate:

(a) The lender shall charge and remit to the issuer a fee of one-half of one percent of the Certified Indebtedness Amount (original loan amount) to cover the issuer’s administrative costs of operating the Mortgage Credit Certificate Program. The lender may retain a discretionary fee from the above administrative fee, of up to $50 to cover the administrative costs of processing the Mortgage Credit Certificate package. The fees are non-refundable unless the issuer or lender, on a case-by-case basis, waives all or part of its fee;

(b) The issuer shall charge the borrower a $10 fee for a replacement copy of their Mortgage Credit Certificate;

(c) Applicants may be required to pay other fees which are customarily associated with a mortgage or contract loan provided the fees are usual and reasonable.

(8) The availability of Mortgage Credit Certificates issued under the Mortgage Credit Certificate Program shall be subject to the issuer’s election not to sell qualified mortgage bonds.

(9) The issuer may adopt procedures to allocate Mortgage Credit Certificates to lower-income before higher-income applicants.

History

Statutory/Other Authority: ORS 456.515 - 456.720
Statutes/Other Implemented: ORS 456.605
HSG 5-1994, f. & cert. ef. 8-26-94
Reverted to HSG 9-1992, f. & cert. ef. 9-2-92
HSG 5-1993(Temp), f. & cert. ef. 10-1-93
HSG 9-1992, f. & cert. ef. 9-2-92
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 16-1990, f. & cert. ef. 12-27-90
HSG 17-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 6-1988, f. & cert. ef. 12-19-88
HSG 5-1988(Temp), f. 11-15-88, cert. ef. 11-22-88
1HD 4-1986, f. & ef. 12-3-86
1HD 2-1986(Temp), f. & ef. 6-17-86

Or. Admin. R. 813-080-0035 Mortgage Credit Certificate Lender

(1) A lender may be any person, including an issuer of Mortgage Credit Certificates, who provides financing for the acquisition, Qualified Rehabilitation, or Qualified Home Improvement of a single-family residence. This includes, but is not limited to, any commercial bank, savings and loan association, savings bank, mortgage banker, credit union, finance company or other person. A lender shall not provide financing under this program to any certificate holder who is a related person to that lender.

(2) A person wishing to become a lender shall sign and agree to the terms of the Department’s Mortgage Credit Certificate Lender Agreement. A lender who has signed this Mortgage Credit Certificate Lender Agreement may provide financing for the purchase, improvement, or rehabilitation of a single-family residence in connection with the issuance of a Mortgage Credit Certificate to an eligible borrower.

(3) A lender shall agree to provide financing to the eligible borrower in accordance with the following criteria:

(a) The mortgage shall not be used for the acquisition or replacement of an existing mortgage unless such mortgage was a construction loan, bridge loan, or similar temporary financing of 24 months or less;

(b) The mortgage may not have any portion of the financing from the proceeds of a tax-exempt mortgage bond or a tax-exempt veteran’s mortgage bond;

(c) The purchaser shall not, directly or indirectly, be prohibited or required to obtain financing from one or more lenders;

(d) There shall not be any interest on the certified indebtedness amount paid to a related person to the eligible borrower;

(e) A Mortgage Credit Certificate shall not be transferable.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.605
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 17-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
1HD 4-1986, f. & ef. 12-3-86
1HD 2-1986(Temp), f. & ef. 6-17-86

Or. Admin. R. 813-080-0040 Borrower Eligibility

(1) A borrower, to be eligible to receive a Mortgage Credit Certificate, shall, on the date of application:

(a) Be a resident of Oregon;

(b) If acquiring a single-family residence, be a person who has had no present ownership interest in a principal residence at any time during the three-year period prior to the execution date of the mortgage in connection with the Mortgage Credit Certificate. A principal residence, as used in this subsection, includes a single-family residence, condominium unit, a dwelling in a Planned Unit Development (PUD), a mobile or manufactured home, a unit in a housing cooperative, or occupancy of a unit in a multifamily building owned by the applicant. This requirement does not apply to any residence located in a Targeted Area:

(A) Examples of interests that are considered present ownership interest in a principal single-family residence:

(i) Fee simple interest;

(ii) As an individual (in severalty);

(iii) Tenants by the entirety (husband and wife);

(iv) Tenants in common (each has an undivided interest whose portion of ownership will revert to their heirs);

(v) With the right of survivorship (each has an undivided interest whose portion of ownership will revert to the other owners in the property);

(vi) Interest of a tenant shareholder in a cooperative;

(vii) Life estate;

(viii) Land sales contract (i.e., a contract pursuant to which possession and the benefits and burden of ownership are transferred although legal title is not transferred until some later date);

(ix) Interest in a mobile or a manufactured home located on land owned by the borrower and considered part of the real property;

(x) Interest in a mobile or manufactured home located on leased or rented land.

(B) Examples of interests that are not considered present ownership interests:

(i) Applicants who have had an ownership interest in, but not occupied, a residential property for the three years prior to executing a mortgage in connection with the Mortgage Credit Certificate;

(ii) Remainder interest;

(iii) Lease with or without an option to purchase;

(iv) Mere expectancy to inherit an interest in a principal residence;

(v) Interest that a purchaser of a residence acquires upon execution of a purchase or sales agreement;

(vi) Interest in unimproved land or business property.

(c) Be a person who in good faith intends to use or continues to use the single-family residence for a Principal Residence;

(d) Be a person whose total Household Income, as defined in Section 143(f) of the Internal Revenue Code of 1986, as amended, and the regulations thereunder, does not exceed the limit established by the issuer pursuant to the Act.

(2) The eligible borrower shall meet the requirements established by the lender for the particular mortgage made in connection with a Mortgage Credit Certificate.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.605
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 17-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
1HD 4-1986, f. & ef. 12-3-86
1HD 2-1986(Temp), f. & ef. 6-17-86

Or. Admin. R. 813-080-0045 Eligible Single-Family Residence

A single-family residence, to be eligible for the program, shall:

(1) Be located in Oregon.

(2) Consist of only one residential unit.

(3) Have no more than 15 percent of the total living area of the residence be of a character subject to being rented for or used in the operation of a trade or business conducted on any part of the land or improvements (i.e., any use which would qualify as a deduction for federal income tax purposes under Section 280A of the Internal Revenue Code).

(4) Have an acquisition cost (purchase price) which does not exceed the limit established by the issuer pursuant to the latest average purchase price limitations for mortgage subsidy bonds published by the Internal Revenue Service. The issuer shall publish these acquisition costs annually.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.605
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 17-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
1HD 4-1986, f. & ef. 12-3-86
1HD 2-1986, f. & ef. 6-17-86

Or. Admin. R. 813-080-0050 Lender Reporting and Record Keeping

(1) The following are the Internal Revenue Service regulations in effect on the effective date of these rules.

(2) Any lender who makes a mortgage that is a certified indebtedness amount with respect to a Mortgage Credit Certificate is required by the Internal Revenue Service to file an annual report with the Internal Revenue Service on their Form 8329:

(a) This report shall be filed on or before January 31 for the year following the calendar year to which the report relates;

(b) A separate Internal Revenue Service Form 8329 shall be filed for each issue of Mortgage Credit Certificates with respect to which the lender made mortgages during the preceding calendar year.

(3) Any lender who makes a mortgage that is a certified indebtedness amount with respect to any Mortgage Credit Certificate shall retain the following information for six years following the year in which the mortgage was made:

(a) The name, address, and Tax Identification Number (TIN) of each Certificate Holder;

(b) The name, address, and TIN of the issuer of the Mortgage Credit Certificate; and

(c) The date the mortgage for the certified indebtedness amount closed, the certified indebtedness amount, and the certificate credit rate.

(4) Any person required to file a report with respect to any Mortgage Credit Certificate who fails to file the report at the time and in the manner required may be subject to a penalty imposed by the Internal Revenue Service of $200 for each Mortgage Credit Certificate not reported. This penalty shall not apply if failure is due to reasonable cause and not willful neglect:

(a) The aggregate amount of the penalty shall not exceed $2,000 for any one report;

(b) The required reports shall be filed at the Internal Revenue Service Center, Philadelphia, Pennsylvania 19225.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.605
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 17-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
1HD 4-1986, f. & ef. 12-3-86
1HD 2-1986(Temp), f. & ef. 6-17-86

Or. Admin. R. 813-080-0055 Revocation

(1) The issuer may revoke a Mortgage Credit Certificate when the certificate holder no longer occupies the single-family residence to which the Mortgage Credit Certificate relates as a Principal Residence. Mortgage Credit Certificates shall not transfer with the property.

(2) A Mortgage Credit Certificate may be revoked if it is found the certificate Holder did not meet the program requirements for a Mortgage Credit Certificate when certified.

(3) Upon revocation the issuer shall notify the certificate holder and the Internal Revenue Service in writing of the revocation.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.605
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
Reverted to 1HD 4-1986, f. & ef. 12-3-86
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
1HD 4-1986, f. & ef. 12-3-86
1HD 2-1986(Temp), f. & ef. 6-17-86

Or. Admin. R. 813-080-0060 Penalties for Misstatement

(1) If any person makes a material misstatement in any affidavit or certification made in connection with the application for, or the issuance of, a Mortgage Credit Certificate and such misstatement is due to negligence of that person, that person shall be subject to a fine of $1,000, imposed by the Internal Revenue Service for each Mortgage Credit Certificate for which a misstatement was made.

(2) If any person makes a material misstatement in any affidavit or certification made in connection with application for, or issuance of, a Mortgage Credit Certificate and such misstatement is due to fraud, then that person shall be subject to a penalty imposed by the Internal Revenue Service of $10,000 for each Mortgage Credit Certificate with respect to which the fraudulent misstatement was made.

(3) A lender shall inform any applicant required to sign a Program Affidavit or certification that any fraudulent statement may result in the revocation of the individual’s Mortgage Credit Certificate and a $10,000 penalty imposed by the Internal Revenue Service. Other persons required by a lender to provide affidavits or certifications must receive a similar notice.

(4) The above-described penalties shall be imposed in addition to any other criminal penalty provided by the law.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.605
HSG 8-1991, f. & cert. ef. 12-23-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
Reverted to 1HD 4-1986, f. & ef. 12-3-86
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
1HD 4-1986, f. & ef. 12-3-86
1HD 2-1986(Temp), f. & ef. 6-17-86

Division 90 LOW-INCOME HOUSING TAX CREDIT PROGRAM

Or. Admin. R. 813-090-0005 Purpose

OAR 813-090 provides specific guidance pursuant to ORS 456.515 through 456.720, specifically 456.559(1)(f). These statutes designate Oregon Housing and Community Services (OHCS) as the state agency responsible for administering the federally-subsidized Low-Income Housing Tax Credit (LIHTC) Program. The purpose of the LIHTC Program is to provide a federal income tax incentive to assist and encourage the development of affordable rental housing units for low-income households through the allocation of housing tax credits as provided by Section 42 of the Internal Revenue Code of 1986, as amended (“IRC”) and corresponding Treasury Regulations, as amended.

History

Statutory/Other Authority: ORS 183 & 456.515 - 456.720
Statutes/Other Implemented: ORS 456.559(1)(f) & 26 U.S.C. § 42
OHCS 3-2020, amend filed 02/27/2020, effective 02/27/2020
OHCS 38-2014, f. & cert. ef. 12-2-14
OHCS 27-2014(Temp), f. & cert. ef. 6-5-14 thru 12-2-14
Reverted to HSG 7-1991, f. & cert. ef. 12-19-91
OHCS 10-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
HSG 7-1991, f. & cert. ef. 12-19-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 14-1990, f. & cert. ef. 10-26-90
HSG 12-1990(Temp), f. & cert. ef. 5-29-90
HSG 18-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 1-1988, f. & cert. ef. 3-8-88
HSG 13-1987(Temp), f. & ef. 9-28-87

Or. Admin. R. 813-090-0010 Definitions

Terms used throughout OAR chapter 813, division 090 may be defined in 26 U.S.C. § 42, in Oregon Revised Statute (ORS), or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions except as defined below. All words and terms used in OAR chapter 813, division 90 are as provided in 813-005-0005 and herein. As used in these rules:

(1) “Applicable fraction” means the portion of a building that is treated as low-income use and generally eligible for the low-income housing tax credits.

(2) “Applicable percentage” means the IRS published or Congress set credit rating used in calculating the low-income housing tax credit. The applicable percentage includes the applicable federal rate (AFR) for the 9% annual credit which applies to eligible construction and substantial rehabilitation costs, and the 4% annual credit which applies to the acquisition cost of existing buildings to be rehabilitated.

(3) “Applicant” means a person or entity that applies for an allocation of LIHTCs from OHCS by completing an application provided by OHCS. Once OHCS accepts the applicant’s application and an allocation is made, the applicant becomes a project owner.

(4) “Carryover allocation” means an allocation of LIHTCs that is made with respect to a project pursuant to IRC Section 42(h)(1)(E) and/or IRC Section 42(h)(1)(F), and in conformity with IRS Notice 89-1 and Treasury Regulations Section 1.42-6. OHCS issues a carryover allocation when a project will not be placed in service by close of the calendar year of the allocation but has incurred more than 10% of its anticipated costs within the calendar year in which the allocation was received or six (6) months after the date of the carryover.

(5) “Credit authority” means the dollar amount of low-income housing tax credits available for allocation by OHCS for any calendar year and can include estimates of future amounts.

(6) “Declaration of Land Use Restrictive Covenants” means a recorded document against a property that evidences the original intent and limitations of the LIHTC affordability (and other program) restrictions.

(7) “Financial feasibility” means the viability of a project after taking into consideration its total costs and projected revenues.

(8) An “IRS Form 8609” or “Form 8609” means the Internal Revenue Code (IRS) Form 8609, Low-Income Housing Credit Allocation and Certification that is issued to a Project Owner when a carryover allocation is approved. Owners of qualified low-income building(s) are allowed a low-income housing credit for each qualified building over a 10-year credit period. A separate Form 8609 must be issued for each qualified low-income building in a multiple building project.

(9) “Housing credit agency” means the designated state agency that administers IRC Section 42 and allocates LIHTCs on behalf of the Internal Revenue Service.

(10) “Low-income housing tax credit” or “LIHTCs” means the low-income housing tax credits available on a project pursuant to IRC Section 42. The amount of low-income housing tax credits available for allocation to a project is the amount that OHCS determines is necessary to make the project financially feasible but in no instance can it be greater than the applicable percentage of the qualified basis of each qualified low-income building.

(11) “Oregon Centralized Application” or “ORCA” means the method to apply for low-income housing tax credits and other financial resources.

(12) “Placed in service” means a project is completed and occupied by qualifying residents. In the case of multiple-building projects, each building has its own placed-in-service date.

(13) “Program requirements” means these administrative rules, all funding agreement terms and conditions, OHCS directives, applicable OHCS handbooks and manuals (including but not limited to OHCS’ LIHTC Manual defined herein and the General Policy and Guideline Manual described in OAR 813-005-0020, IRC Section 42 of 1986, as amended, and corresponding regulations, and other applicable laws, including federal, state, and local laws, codes, ordinances, and orders, all of which as may be amended from time to time.

(14) “Project” means a “qualified low-income housing project” as defined in IRC Section 42(g).

(15) “Project owner” means a person or entity whose application for LIHTCs has been accepted by OHCS and who is the owner also known as the borrower of a Project.

(16) “Qualified Allocation Plan” or “QAP” means the 2025 State of Oregon Qualified Allocation Plan for Low Income Housing Tax Credits, dated February 25, 2025, as described in IRC Section 42(m)(B). The QAP may be accessed online at OHCS’ website.

(17) “Qualified basis” means the amount of eligible basis that will be used to generate low-income housing tax credits and is based upon the proportion of the property that will be used for affordable housing. The qualified basis is equal to the eligible basis, multiplied by the applicable fraction.

(18) “Reservation and extended use agreement” or “REUA” is a contract between OHCS and the project owner whereby the project owner agrees, among other things, to provide and maintain the project and to guarantee its compliance with the requirements of IRC Section 42 and OHCS by executing and recording a Declaration of Land Use Restrictive Covenants on the project property in return for an allocation of LIHTCs in accordance with IRC Section 42(h)(6). It will also include, by reference, a carryover allocation agreement.

(19) Suballocation is an agreement between OHCS to whom current state’s private activity bond volume limit (CAP) allocations have been made to choose to suballocate any amount of the agency’s allocation to another issue provide that the allocation is used for the same category of project for which the initial request was made, and the suballocation complies. All suballocations expire December 15th of any given calendar year.

History

Statutory/Other Authority: ORS 183 & 456.515 - 456.720
Statutes/Other Implemented: ORS 456.559(1)(f) & 26 U.S.C. § 42
OHCS 47-2025, amend filed 11/21/2025, effective 11/25/2025
OHCS 30-2025, temporary amend filed 07/09/2025, effective 07/09/2025 through 01/04/2026
OHCS 42-2024, amend filed 10/29/2024, effective 11/01/2024
OHCS 18-2024, temporary amend filed 05/31/2024, effective 05/31/2024 through 11/26/2024
OHCS 19-2022, amend filed 08/09/2022, effective 08/12/2022
OHCS 2-2022, temporary amend filed 02/11/2022, effective 02/11/2022 through 08/09/2022
OHCS 2-2021, temporary amend filed 01/25/2021, effective 01/25/2021 through 07/19/2021
OHCS 3-2020, amend filed 02/27/2020, effective 02/27/2020
OHCS 38-2014, f. & cert. ef. 12-2-14
OHCS 27-2014(Temp), f. & cert. ef. 6-5-14 thru 12-2-14
Reverted to HSG 7-1991, f. & cert. ef. 12-19-91
OHCS 10-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
HSG 7-1991, f. & cert. ef. 12-19-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 14-1990, f. & cert. ef. 10-26-90
HSG 12-1990(Temp), f. & cert. ef. 5-29-90
HSG 18-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 1-1988, f. & cert. ef. 3-8-88
HSG 13-1987(Temp), f. & ef. 9-28-87

Or. Admin. R. 813-090-0015 Qualified Allocation Plan; Allocation of Credit Authority

(1) The 2025 Qualified Allocation Plan (referred to hereafter as QAP) with the requirements and standards therein, dated February 25, 2025, is incorporated into and adopted as part of this division of administrative rules, by reference.

(2) The 2025 QAP may be accessed online at OHCS’ website.

(3) OHCS, as the authorized state housing credit agency, develops and maintains a Qualified Allocation Plan for the allocation of both, or 4%, and, or 9%, LIHTC.

(4) OHCS may, to the extent of its credit authority, allocate LIHTCs pursuant to the current QAP approved by executive order and then in effect.

(5) OHCS will allocate the LIHTCs in compliance with the program requirements. Applications will be solicited during specified periods within OHCS’ Oregon Centralized Application "ORCA" process. OHCS can also select from a pool of qualified applicants, or such other process as OHCS deems appropriate.

(6) OHCS shall maintain a record of allocations and the balance of credit authority remaining for each calendar year.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 456.515-456.720
Statutes/Other Implemented: ORS 456.508, 456.510, 456.513, 456.722 & 26 U.S.C. § 42
OHCS 47-2025, amend filed 11/21/2025, effective 11/25/2025
OHCS 30-2025, temporary amend filed 07/09/2025, effective 07/09/2025 through 01/04/2026
OHCS 19-2022, amend filed 08/09/2022, effective 08/12/2022
OHCS 2-2022, temporary amend filed 02/11/2022, effective 02/11/2022 through 08/09/2022
OHCS 2-2021, temporary amend filed 01/25/2021, effective 01/25/2021 through 07/19/2021
OHCS 3-2020, amend filed 02/27/2020, effective 02/27/2020
OHCS 38-2014, f. & cert. ef. 12-2-14
OHCS 27-2014(Temp), f. & cert. ef. 6-5-14 thru 12-2-14
Reverted to HSG 7-1991, f. & cert. ef. 12-19-91
OHCS 10-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
HSG 7-1991, f. & cert. ef. 12-19-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 14-1990, f. & cert. ef. 10-26-90
HSG 12-1990(Temp), f. & cert. ef. 5-29-90
HSG 18-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 1-1988, f. & cert. ef. 3-8-88
HSG 13-1987(Temp), f. & ef. 9-28-87

Or. Admin. R. 813-090-0031 Application Requests and Charges

(1) OHCS may periodically solicit applications or select projects from a pool of qualified applications for the allocation of LIHTCs pursuant to OHCS’ program requirements. Applications will be evaluated consistent with IRC Section 42, ORS 456.559(1)(f), the rules of this division and other applicable program requirements including procedures consistent with OHCS goals to provide long term affordable housing.

(2) OHCS may solicit applications for an allocation of LIHTCs from interested parties when such credits are available.

(3) OHCS may require a non-refundable application charge from any applicant requesting LIHTCs.

(4) OHCS may require a supplemental application charge from applicants requesting additional resources for projects that have already been funded by OHCS.

(5) OHCS may require a transfer application charge from project owners that receive state grants or tax credits through OHCS and who request OHCS’ approval of a change in project ownership. Exempt from this is an initial transfer of ownership occurring in the first year after the date the project is placed in service. OHCS may assess a transfer review charge to project owners and transferees who effect a change in project ownership without prior written approval from OHCS.

(6) OHCS may require a recipient charge from any applicant prior to the execution of a REUA.

(7) OHCS may assess additional late charges to an applicant if its LIHTC final application is received by OHCS after established deadlines. OHCS also may assess a supplemental charge to an applicant if OHCS determines that a re-evaluation of the applicant's final application is necessary or warranted.

(8) If the LIHTCs awarded to a project cannot be used by the end of the calendar year of the LIHTCs allocation and the project owner is expected to incur 10% of project costs, an application for a carryover allocation of housing credits must be made by the deadline established by OHCS for the credit year or the credits will be lost. OHCS may require a supplemental application charge from an applicant who submits a LIHTC carryover application after the deadline established by OHCS. OHCS also may assess a supplemental charge to an applicant if OHCS determines that a re-evaluation of the applicant's carryover application is necessary or warranted.

(9) The carryover requirements do not apply to projects using tax-exempt bond financing.

(10) The applicant must submit an application for final allocation of LIHTCs when the project is placed in service. OHCS will prescribe the period for submitting a final application. OHCS may assess a late charge for applicants that submit applications after the prescribed deadline. OHCS may also assess a supplemental charge to an applicant if OHCS determines that a re-evaluation of the applicant's final application is necessary or warranted.

(11) OHCS may charge the project owner reasonable fees for OHCS’ costs of monitoring the project owner’s compliance with restrictions established by OHCS program requirements.

(12) OHCS will evaluate completed applications based on a ranking system consistent with IRC Section 42(m)(l), established by OHCS and set forth in the QAP.

History

Statutory/Other Authority: ORS 456.515 - 456.720
Statutes/Other Implemented: ORS 456.559(1)(f) & 26 U.S.C. § 42
OHCS 3-2020, amend filed 02/27/2020, effective 02/27/2020
OHCS 38-2014, f. & cert. ef. 12-2-14
OHCS 27-2014(Temp), f. & cert. ef. 6-5-14 thru 12-2-14
Reverted to OHCS 8-2007, f. & cert. ef. 1-11-07
Suspended by OHCS 10-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 8-2007, f. & cert. ef. 1-11-07
OHCS 9-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
HSG 7-1991, f. & cert. ef. 12-19-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 14-1990, f. & cert. ef. 10-26-90
HSG 12-1990(Temp), f. & cert. ef. 5-29-90

Or. Admin. R. 813-090-0035 Applications for Low-Income Housing Tax Credits

(1) Applicants must submit an application along with any applicable fees to qualify for an allocation of LIHTCs. The application required by OHCS may request, among other information, the following:

(a) The amount of LIHTCs requested;

(b) Building(s) location: state, county or counties, city or cities, street address(es) and legal description;

(c) An initial statement based on waiting list information from the local public housing authority indicating whether or not there is a need for the proposed project;

(d) The qualified basis as defined in IRC Section 42, including the amount of substantial rehabilitation, if any;

(e) What elections under IRC Section 42 the proposed project owner will be making or has made to qualify for an allocation of LIHTCs, and when the residential units will be or were placed in service;

(f) Complete financial information about the proposed project showing all sources and uses of funds;

(g) Operating pro forma statement on a cash flow basis showing net operating income before debt service;

(h) Evidence of a commitment for financing, federal loan insurance, or other major source of funds;

(i) A detailed summary of the proceeds or receipts expected to be generated by reason of tax benefits; and

(j) Other financial information regarding grants, subsidies, or tax-exempt financing for the proposed project.

(2) Before OHCS makes an offer of a LIHTC allocation to a proposed project owner it will:

(a) Review all applications;

(b) Determine the amount of LIHTCs each proposed project needs to receive to be financially feasible;

(d) Notify the chief executive officer (or the equivalent) of the local jurisdiction with in which the proposed project is located and provide such individual a reasonable opportunity to comment to OHCS on the proposed project. When a proposed project is located outside an incorporated community, the county commissioners for the county of jurisdiction will be contacted; and

(e) Notify applicants whether or not they will receive an offer to execute a REUA with OHCS.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.508, 456.510, 456.513, 456.559, 456.605, 456.625, 456.722 & 26 U.S.C. § 42
OHCS 3-2020, amend filed 02/27/2020, effective 02/27/2020
Reverted to OHCS 8-2007, f. & cert. ef. 1-11-07
OHCS 10-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 8-2007, f. & cert. ef. 1-11-07
OHCS 9-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
HSG 7-1991, f. & cert. ef. 12-19-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 14-1990, f. & cert. ef. 10-26-90
HSG 12-1990(Temp), f. & cert. ef. 5-29-90
HSG 18-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 1-1988, f. & cert. ef. 3-8-88
HSG 13-1987(Temp), f. & ef. 9-28-87

Or. Admin. R. 813-090-0036 Procedures for Allocation of Low-Income Housing Tax Credit (the “Carryover Allocation”)

(1) Applicants of projects selected for an offer of LIHTC allocation must execute with OHCS a REUA in a form satisfactory to OHCS (see 813-090-0039). The REUA will include, among other things, a provision for financial evaluation of the project based on cost certification and will incorporate a Declaration of Land Use Restrictive Covenants to be executed and recorded prior to OHCS completing an IRS Form 8609 and delivering a copy thereof to the applicant.

(2) If the LIHTCs cannot be used in the year of allocation but the proposed project in the next calendar year is expected to be over 10% completed, a carryover allocation can be made. If a carryover allocation has been made, the owner will submit the application for final allocation of LIHTCs when the project is placed in service. OHCS will limit at the time of the extension/provision of a carryover allocation, the maximum annual allocation of credit which the proposed project can receive.

(3) Upon receipt of a certified copy of the recorded Declaration of Land Use Restrictive Covenants in a form satisfactory to OHCS, OHCS will complete and issue Part I of IRS Form 8609 to confirm final allocation of LIHTCs.

(4) The project owner, and not OHCS, shall be responsible for filing the required IRS Form(s) with the owner’s tax returns.

(5) An allocation cannot be rescinded or reduced by OHCS except as provided under OAR 813-090-0080. Project owners can return unneeded LIHTCs by completing and filing with OHCS, forms supplied by OHCS.

History

Statutory/Other Authority: ORS 456.515 - 456.720
Statutes/Other Implemented: ORS 456.559(1)(f) & 26 U.S.C. § 42
OHCS 3-2020, amend filed 02/27/2020, effective 02/27/2020
OHCS 38-2014, f. & cert. ef. 12-2-14
OHCS 27-2014(Temp), f. & cert. ef. 6-5-14 thru 12-2-14
Reverted to OHCS 8-2007, f. & cert. ef. 1-11-07
Suspended by OHCS 10-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 8-2007, f. & cert. ef. 1-11-07
OHCS 9-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
HSG 7-1991, f. & cert. ef. 12-19-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 14-1990, f. & cert. ef. 10-26-90
HSG 12-1990(Temp), f. & cert. ef. 5-29-90

Or. Admin. R. 813-090-0039 Reservation and Extended Use Agreement; Low-Income Commitment

(1) No LIHTC allocation will be made by OHCS to a proposed project until or unless OHCS and the applicant enter into a REUA. The REUA will specify, among other things, a minimum applicable unit fraction, as defined by IRC Section 42(c)(1)(B), and the income-restricted rent formula to be maintained for the project to continue to qualify for LIHTCs.

(2) An executed REUA shall be enforceable in any state court by any individual who qualified for occupancy by virtue of the income limitations set for the project, will be binding on all successors of the project owner, and the Declaration of Land Use Restrictive Covenants incorporated within the REUA must be recorded against the property as a restrictive covenant pursuant to state law.

(3) The LIHTC allocation will not exceed the amount necessary to satisfy the financial feasibility standards for the development of the project, as represented by the applicable fraction specified in the REUA, and may be reduced in accordance with the Code at OHCS’ determination and sole discretion.

(4) The REUA shall include a commitment to meet the applicable fraction and restricted rent requirements for each building of the project for 15 years or more beyond the initial 15-year compliance period.

History

Statutory/Other Authority: ORS 456.515 - 456.720
Statutes/Other Implemented: ORS 456.559(1)(f) & 26 U.S.C. § 42
OHCS 3-2020, amend filed 02/27/2020, effective 02/27/2020
OHCS 38-2014, f. & cert. ef. 12-2-14
OHCS 27-2014(Temp), f. & cert. ef. 6-5-14 thru 12-2-14
Reverted to Renumbered from 813-090-0029, OHCS 5-2013, f. & cert. ef. 6-21-13
Renumbered from 813-090-0029, OHCS 5-2013, f. & cert. ef. 6-21-13
OHCS 10-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
HSG 7-1991, f. & cert. ef. 12-19-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 14-1990, f. & cert. ef. 10-26-90

Or. Admin. R. 813-090-0040 Qualified Basis Limited by Application

The qualified basis established for the project at the time the LIHTCs are allocated cannot be increased without the applicant submitting another application for an additional LIHTC allocation in accordance with OAR 813-090-0031 and OHCS’s ORCA process and procedures.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.508, 456.510, 456.513, 456.559, 456.605, 456.625, 456.722 & 26 U.S.C. § 42
OHCS 47-2025, amend filed 11/21/2025, effective 11/25/2025
OHCS 30-2025, temporary amend filed 07/09/2025, effective 07/09/2025 through 01/04/2026
OHCS 3-2020, amend filed 02/27/2020, effective 02/27/2020
Reverted to HSG 7-1991, f. & cert. ef. 12-19-91
OHCS 10-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
HSG 7-1991, f. & cert. ef. 12-19-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 14-1990, f. & cert. ef. 10-26-90
HSG 12-1990(Temp), f. & cert. ef. 5-29-90
HSG 18-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 1-1988, f. & cert. ef. 3-8-88
HSG 13-1987(Temp), f. & ef. 9-28-87

Or. Admin. R. 813-090-0055 Amount of Low-Income Housing Tax Credits

OHCS’s determination of the amount of LIHTCs for a project cannot exceed the amount necessary for the financial feasibility of the project’s residential rental units that are represented by the applicable fraction at the restricted rent requirements specified in the project’s REUA. The amount of LIHTC available shall be an amount equal to the applicable percentage of the qualified basis of each qualified low-income building, as defined in IRC Section 42.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.508, 456.510, 456.513, 456.559, 456.605, 456.722 & 26 U.S.C. § 42
OHCS 3-2020, amend filed 02/27/2020, effective 02/27/2020
OHCS 38-2014, f. & cert. ef. 12-2-14

Or. Admin. R. 813-090-0065 Representations

OHCS will rely on representations of the applicant, including all agents and parties of interest, in reviewing applications and evaluating the amount of LIHTCs needed and whether a proposed project qualifies for a LIHTC allocation. In so doing, OHCS does not validate the financial feasibility of a proposed or established project, credit worthiness of the applicant, or tax consequences of the LIHTC allocation for the project, the applicant, or any other interested party.

History

Statutory/Other Authority: ORS 456.515 - 456.720
Statutes/Other Implemented: ORS 456.559(1)(f) & 26 U.S.C. § 42
OHCS 3-2020, amend filed 02/27/2020, effective 02/27/2020
Reverted to HSG 7-1991, f. & cert. ef. 12-19-91
Suspended by OHCS 10-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
HSG 7-1991, f. & cert. ef. 12-19-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 14-1990, f. & cert. ef. 10-26-90
HSG 12-1990(Temp), f. & cert. ef. 5-29-90

Or. Admin. R. 813-090-0080 Revocation or Reduction of Housing Credit

(1) OHCS, in its sole discretion, reserves the right to refuse to make an offer, revoke an offer for a LIHTC allocation, or terminate a REUA, if OHCS determines that:

(a) The proposed project owner will not obtain a construction loan or building permit, or close its equity agreement for the proposed project in a timely manner;

(b) The proposed project will not be placed in service by the date mutually agreed upon;

(d) The applicant has supplied misleading information.

(2) OHCS may reduce the allocation amount identified in the REUA prior to the issuance of a copy of a carryover allocation or Form 8609 to the project owner if OHCS determines that the project requires a lesser amount of LIHTCs to be financially feasible, as required by IRC Section 42(m).

(3) When OHCS has issued a carryover allocation, as described in OAR 813-090-0036, OHCS may, in its sole discretion, reduce the allocation amount identified in the carryover allocation prior to the delivery of a copy of a Form 8609 to the project owner if OHCS determines that the project requires a lesser amount of LIHTCs than previously determined to be financially feasible.

(4) OHCS can revoke a carryover allocation if OHCS determines that at least 10% of the total project cost will not be expended in accordance with the carryover requirements in IRC Section 42, or that the project will not be placed in service within two (2) years following the calendar year in which a carryover allocation is made or by the dates mutually agreed upon.

History

Statutory/Other Authority: ORS 183 & 456.515 - 456.720
Statutes/Other Implemented: ORS 456.559(1)(f) & 26 U.S.C. § 42
OHCS 3-2020, amend filed 02/27/2020, effective 02/27/2020
OHCS 38-2014, f. & cert. ef. 12-2-14
OHCS 27-2014(Temp), f. & cert. ef. 6-5-14 thru 12-2-14
Reverted to Renumbered from 813-090-0060, OHCS 5-2013, f. & cert. ef. 6-21-13
OHCS 10-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
Renumbered from 813-090-0060, OHCS 5-2013, f. & cert. ef. 6-21-13
HSG 7-1991, f. & cert. ef. 12-19-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 14-1990, f. & cert. ef. 10-26-90
HSG 12-1990(Temp), f. & cert. ef. 5-29-90
HSG 18-1989, f. & cert. ef. 11-3-89
HSG 3-1989(Temp), f. & cert. ef. 6-8-89
HSG 1-1988, f. & cert. ef. 3-8-88
HSG 13-1987(Temp), f. & ef. 9-28-87

Or. Admin. R. 813-090-0085 Procedures for Allocation of Suballocation

Allocation Requests. CAP amounts allocated to a OHCS on behalf of which the State Treasurer may issue bonds may be suballocated by the OHCS, at the agency’s discretion, through an assignment of the allocation to another issuer, provided that the issuer receiving the assignment shall:

(1) Be made for a specific project or for an amount to be further allocated by the requestor among a class of projects or activities that meet the allocation criteria;

(2) Include the name of the governmental bond issuer;

(3) Include the title of the obligation to be issued;

(4) Include the principal amount of the obligation;

(5) Include the amount of the allocation request;

(6) Include the date of any purchase commitment if such commitment has been made;

(7) Include the name and address of the original purchaser(s) of the obligation if such purchase has been made;

(8) Include the name, address and telephone number of the principal user(s) of the proceeds from the issue;

(9) Include the anticipated sale date of the issue;

(10) Include the anticipated closing date of the issue;

(11) Include the name, address and phone number of bond counsel;

(12) Use the allocation during the calendar year of which the allocation was made;

(13) Include the expected number of jobs created or saved as a result of the allocation;

(14) Include the expected number of housing units to be constructed or renovated as a result of the allocation, (describe how the affordability requirements of the Internal Revenue Code and your local requirements, if applicable, are to be met); and

(15) Any other materials to comply with any terms and conditions imposed in connection with the allocation by OHCS listed in the QAP.

History

Statutory/Other Authority: ORS 286A.035, ORS 286A.615, ORS 286A.620, ORS 286A.118 & ORS 286A.130
Statutes/Other Implemented: ORS 286A.035, ORS 286A.615, ORS 286A.620, ORS 286A.118 & ORS 286A.130
OHCS 42-2024, adopt filed 10/29/2024, effective 11/01/2024
OHCS 18-2024, temporary adopt filed 05/31/2024, effective 05/31/2024 through 11/26/2024

Division 100 DISASTER RECOVERY AND RESILIENCE

Or. Admin. R. 813-100-0004 Purpose and Objective

OAR chapter 813, Division 100 accomplishes the general purpose of the Federal Register notice, Vol. 87, No. 23, February 3, 2022 (87 FR 6364) which authorizes the Oregon Housing and Community Services Department (“OHCS”) to support long-term recovery and mitigation efforts for 2020 Wildfire-impacted individuals and households with Community Development Block Grant – Disaster Recovery (CDBG-DR) funding.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.315 - 458.317
OHCS 25-2025, adopt filed 05/23/2025, effective 05/23/2025

Or. Admin. R. 813-100-0009 Definitions

Terms used throughout OAR Chapter 813, division 100 may be defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR-813-005-0005). Terms used within this division observe those definitions except as defined below:

(1) "Area Median Income (AMI)" means the median (middle point) household income for an area adjusted for household size, as published annually by the U.S. Department of Housing and Urban Development (HUD).

(2) "Community Development Block Grant – Disaster Recovery (CDBG-DR)" means funding for housing and community recovery and disaster mitigation, appropriated by the U.S. Congress, an awarded to the State by HUD. The source of funding for the ReOregon disaster recovery programs.

(3) "Federal Register" is a daily publication of the U.S. federal government that issues proposed and final administrative regulations of federal agencies.

(4) "Low-and-moderate income (LMI) National Objective" means one of three national objectives that any CDBG activity must meet. Activities that meet the LMI objective must benefit households whose total annual gross income does not exceed 80% of county AMI, adjusted for Household size. Income eligibility will be determined and verified in accordance with HUD Guidance. The most current income limits, published annually by HUD, shall be used to verify the income eligibility of each Household applying for assistance at the time assistance is provided.

(5) "Most Impacted and Distressed (MID) Area" are areas of greatest impact from a disaster as determined by HUD or the State in making disaster assistance allocations, using the best available data sources to calculate the amount of disaster damage. The MID-designated areas for the 2020 Wildfires and Straight-line Winds (DR-4562) assistance allocation include the counties of Clackamas, Douglas, Jackson, Lane, Lincoln, Linn, and Marion. The State of Oregon has also designated Klamath County as a MID.

(6) "ReOregon" is the name used in communication and branding for Oregon’s disaster recovery programs, including all CDBG-DR funded programs.

(7) "Urgent Need National Objective" means one of three national objectives that any CDBG activity must meet. An Urgent Need exists where conditions pose serious and immediate threat to the health/welfare of the community, the existing conditions are recent or recently became urgent, and the recipient of funds cannot finance the activities on their own because other assistance sources are not available. OHCS must document how each program and/or activity funded under the Urgent Need National Objective responds to a disaster-related impact.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.315 - 458.317
OHCS 25-2025, adopt filed 05/23/2025, effective 05/23/2025

Or. Admin. R. 813-100-0014 CDBG-DR Funding Allocation Details - ReOregon Action Plan

(1) The State of Oregon received $422,286,000 in funding from the U.S. Department of Housing and Urban Development (HUD) to support long-term recovery and mitigation efforts following the 2020 Wildfires and Straight-Line Winds (DR-4562) through the Oregon Housing and Community Services Department (OHCS). Community Development Block Grant – Disaster Recovery (CDBG-DR) funding is designed to address the needs that remain after all other assistance has been exhausted. Funding was allocated through publication in the Federal Register, Vol. 87, No. 23, February 3, 2022 (87 FR 6364).

(2) The ReOregon Action Plan Version 2, originally dated September 30, 2022, which describes HUD-approved programs and activities, and which may be amended from time to time, is hereby adopted by reference.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.315 - 458.317
OHCS 25-2025, adopt filed 05/23/2025, effective 05/23/2025

Or. Admin. R. 813-100-0019 ReOregon Grant Requirements

(1) HUD requires funds to be used for costs related to unmet needs in the following impacted counties: Clackamas, Douglas, Jackson, Klamath, Lane, Lincoln, Linn and Marion. At least 80% of the total funding must benefit Clackamas, Douglas, Jackson, Lane, Lincoln, Linn and Marion Counties.

(2) A minimum of 70% of total grant funds must benefit low-and-moderate income persons or households.

(3) A minimum of 15% of total grant funds must support mitigation and prevention activities.

(4) HUD grant requirements specific to Oregon Housing and Community Services as grantee can be found in the Federal Register, Vol. 87, No. 23, February 3, 2022 (87 FR 6364).

(5) Timeline: The CDBG-DR grant ends on February 2, 2029, unless extended by HUD.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.315 - 458.317
OHCS 25-2025, adopt filed 05/23/2025, effective 05/23/2025

Or. Admin. R. 813-100-0024 ReOregon Action Plan Amendments

(1) OHCS will amend the ReOregon Action Plan as often as necessary to best address the long-term recovery needs and goals. As programs and activities develop over time, an amendment may not be triggered if the program or activity is consistent with the descriptions provided in the Action Plan.

(2) When unmet needs and program descriptions or other sections rise to the level of requiring an Action Plan amendment, the State will do the following:

(a) Ensure that the current version of the Action Plan is accessible for viewing as a single document, with all amendments, so that the public and HUD do not have to view and cross-reference changes among multiple amendments.

(b) Identify amendments by highlighting added or changed text and striking out deleted text.

(d) Include a revised budget allocation table that reflects the entirety of all funds, if applicable to the amendment.

(3) Substantial Amendment: A change to the initial Action Plan is substantial if it meets any of the following criteria:

(a) It changes program benefits or eligibility criteria;

(b) It adds or deletes an activity; or

(4) When OHCS pursues the substantial amendment process, the amendment will be posted on the State’s CDBG-DR website for a 30-day public comment period. The amendment will be posted in adherence with the Americans with Disabilities Act and LEP requirements. OHCS will review and respond to all public comments received and submit the comments and responses to HUD for approval.

(5) A substantial Action Plan amendment shall require the following:

(a) The State will revisit the impact and needs assessment when moving funds from one program to another through a substantial amendment.

(b) A 30-day public comment period will include the following:

(A) The State will prominently post the action plan amendment on the OHCS official disaster recovery website.

(B) The State will afford residents, affected local governments, and other interested parties a reasonable opportunity to review the plan or substantial amendment.

(C) The State will identify and consider potential barriers that limit or prohibit equitable participation and will undertake reasonable measures to increase coordination, communication, affirmative marketing, targeted outreach, and engagement with underserved communities and individuals, including persons with disabilities and persons with limited English proficiency. This includes the following:

(i) The Action Plan amendment will be translated according to the CDBG-DR Language Access Plan.

(ii) The Action Plan amendment will be posted in a way that meets all accessibility requirements.

(c) The State will review and respond to all written and oral public comments received. Any updates or changes made to the Action Plan in response to public comments shall be clearly identified in the Action Plan and amendments. The public comments also will be submitted to HUD with the final Action Plan amendment.

(d) Receipt of approval from HUD.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.315 - 458.317
OHCS 25-2025, adopt filed 05/23/2025, effective 05/23/2025

Or. Admin. R. 813-100-0029 Homeowner Assistance and Reconstruction Program (HARP)

HARP provides grants to eligible homeowners who experienced damage to their homes from the 2020 Wildfires and Straight-line Winds and have remaining recovery needs after accounting for other duplicative benefits received.

(1) HARP funds eligible rehabilitation, reconstruction, acquisition, and replacement costs, including additional costs to comply with federal, State, and local construction standards, such as replacing on-site residential infrastructure, complying with green building standards, and ensuring that homes are accessible for individuals living with disabilities and senior residents. Eligible costs also include elevation, fire hardening, and other program-required costs that will help protect homes from natural hazards faced in the fire-impacted communities.

(2) Geographic Eligibility: FEMA IA-declared counties for DR-4562

(a) HUD-identified MID counties: Clackamas, Douglas, Jackson, Lane, Lincoln, Linn, and Marion

(b) Grantee-identified MID counties: Klamath

(3) Applicant Eligibility: Homeowners must meet the following criteria:

(a) Must have been the owner-occupant of the damaged property at the time of the disaster.

(b) The damaged property must have been the applicant’s primary residence at the time of the disaster.

(d) The damaged property must be an eligible structure including, but not limited to, single-family residences, manufactured homes, and pre-fabricated homes.

(e) Applicant must have a remaining recovery need after accounting for other duplicative benefits received.

(4) Income Eligibility: The program is designed to prioritize individuals and households who have struggled to access the necessary resources to initiate or complete their recovery. The program will be launched in three phases:

(a) Phase 1: At or below 80% of the AMI

(b) Phase 2: At or below 120% of the AMI

(5) Administration: The funds will be administered by OHCS and/or its subrecipients.

(6) Updated program information can be found at the OHCS ReOregon website.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.315 - 458.317
OHCS 25-2025, adopt filed 05/23/2025, effective 05/23/2025

Or. Admin. R. 813-100-0034 Planning, Infrastructure and Economic Revitalization (PIER)

PIER provides funding to address the unmet infrastructure, planning and economic revitalization needs in 2020 Wildfire-impacted counties.

(1) Funding is available through direct county allocations for local governments, non-profit organizations, school districts, public housing authorities, and other public or quasi-public entities in the eight most impacted counties.

(2) Budgetary allocations will be made at the county level, counties and organizations within the impacted areas will work together to define the specific projects or programs to be funded.

(3) Each infrastructure, economic revitalization, and planning activity must clearly have a tie to revitalizing disaster impacted communities by directly or indirectly supporting:

(a) New housing and/or replacement of damaged housing, and/or

(b) The mitigation of loss of life or property in the face of current and future natural hazards.

(4) Geographic Eligibility: FEMA IA-declared counties for DR-4562

(a) HUD-identified MID counties: Clackamas, Douglas, Jackson, Lane, Lincoln, Linn, and Marion

(b) Grantee-identified MID counties: Klamath

(5) Applicant Eligibility: Eligible applicants include, but are not limited to, the following:

(a) Tribal, State, county, and municipal governments, agencies, districts, and authorities

(b) Schools (K–12)

(d) Other public or quasi-public entities

(e) Nonprofit entity with a specific public role described in an Oregon revised statute (e.g., soil and water conservation districts)

(6) Administration: The funds will be administered by subrecipients.

(7) Updated program information can be found at the OHCS ReOregon website.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.315 - 458.317
OHCS 25-2025, adopt filed 05/23/2025, effective 05/23/2025

Or. Admin. R. 813-100-0039 Housing and Recovery Services Program

The Housing and Recovery Services Program provides disaster case management and housing navigation through outreach, support, counseling and addressing unmet needs to help households on their path to housing recovery and long-term stability.

(1) Services may include homeowner education, renter counseling, homebuyer education, financial literacy, credit rehabilitation, debt management, budgeting, homelessness counseling, avoiding fraud and scams, applying for public and private resources, foreclosure prevention strategies, and relocation counseling, among other services tailored to fit the participants’ needs.

(2) Geographic Eligibility: FEMA IA-declared counties for DR-4562:

(a) HUD-identified MID counties: Clackamas, Douglas, Jackson, Lane, Lincoln, Linn, and Marion

(b) Grantee-identified MID counties: Klamath

(3) Applicant Eligibility: To be eligible for the program, applicants must be displaced or facing housing insecurity in one of the HUD- or grantee-identified MIDs.

(a) Income Eligibility: Applicants must be at or below 80% area median income.

(b) An exception may be made for applicants up to 120% area median income only when assistance can be defined as meeting an Urgent Need national objective.

(4) Administration: The funds will be administered by the State of Oregon and/or its subrecipients.

(5) Updated program information can be found at the OHCS ReOregon website.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.315 - 458.317
OHCS 25-2025, adopt filed 05/23/2025, effective 05/23/2025

Or. Admin. R. 813-100-0046 Affordable Housing Development Program

The Affordable Housing Development program provides a single subrecipient in each impacted county an expanded menu of eligible activities allowing each county to design and administer a program based on the needs, resources, and capacity of the county to create new affordable housing for rental or homeownership through acquisition, demolition, rehabilitation, new construction including site-built or pre-fabricated units and the option to allow for accessory dwelling units, homebuyer subsidy and infrastructure projects necessary for affordable housing development.

(1) Funding is available through direct county allocations to a local government, public housing authority or other qualified public or private nonprofit organization.

(2) Projects may be developed by the subrecipient or by other developer partners funded directly or identified competitively and contracted with by the subrecipient.

(3) All projects funded through the Affordable Housing Development program should result in housing that is affordable, energy efficient and more resilient in the face of future disaster.

(4) Geographic Eligibility: FEMA IA-declared counties for DR-4562:

(a) HUD-identified MID counties: Clackamas, Douglas, Jackson, Lane, Lincoln, Linn, and Marion

(b) Grantee-identified MID counties: Klamath

(5) Administration: The funds will be administered by subrecipients.

(6) Updated program information can be found at the OHCS ReOregon website.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.315 - 458.317
OHCS 25-2025, adopt filed 05/23/2025, effective 05/23/2025

Or. Admin. R. 813-100-0051 Intermediate Housing Assistance Program

The Intermediate Housing Assistance program provides assistance to eligible residents located in the 2020 Wildfire-impacted counties who lack the necessary resources or support networks to obtain affordable rental housing or need alternative housing until permanent housing solutions are secured.

(1) Funding is available through grants to eligible subrecipients to provide:

(a) Up to 24 months of rental, temporary relocation, and/or other intermediate housing assistance.

(b) Housing navigation, case management, and support services to disaster-impacted residents.

(2) Geographic Eligibility: FEMA IA-declared counties for DR-4562:

(a) HUD-identified MID counties: Clackamas, Douglas, Jackson, Lane, Lincoln, Linn, and Marion

(b) Grantee-identified MID counties: Klamath

(3) Income Eligibility:

(a) Households at or below 80% of the AMI must face housing instability or have been displaced by the 2020 Wildfires and Straight-line Winds in one of the HUD- or grantee-identified MIDs. Applicants whose households are at or below 80% of the AMI may be eligible for assistance if:

(A) They experienced a direct, verified residential loss from the 2020 Wildfires and Straight-line Winds, or

(B) Their rents are unaffordable due to the rising rental costs or lack of available affordable rental housing exacerbated by wildfires in the impacted county in which they reside. These applicants are not technically considered “displaced” by the 2020 Wildfires and Straight-line Winds, but they do face potential temporary or permanent displacement from the impacted communities if they are unable to afford rents while the State, local governments, and developers replace damaged housing inventory.

(b) Households between 80.1% to 120% of the AMI must have a direct verified residential loss as a result of the 2020 Wildfires and Straight-line Winds and face housing instability and/or are displaced.

(4) To ensure the program meets the most urgent needs of low-income residents with verified loss from the disaster, the State may implement a phased or prioritized approach that will be published in program policies and procedures.

(5) Administration: The funds will be administered by subrecipients.

(6) Updated program information can be found at the OHCS ReOregon website.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.315 - 458.317
OHCS 25-2025, adopt filed 05/23/2025, effective 05/23/2025

Or. Admin. R. 813-100-0056 Down Payment Assistance Program

The Down Payment Assistance program provides homeownership assistance for first-time homebuyers to create opportunities for long-term, stable, affordable housing for those with a higher risk of housing instability.

(1) Funding is available through grants to eligible subrecipients

(2) Geographic Eligibility: FEMA IA-declared counties for DR-4562:

(a) HUD-identified MID counties: Clackamas, Douglas, Jackson, Lane, Lincoln, Linn, and Marion

(b) Grantee-identified MID counties: Klamath

(3) Eligible Beneficiaries: To be eligible for the program, applicants must meet the following criteria:

(a) Must have a household income at or below 120% of the AMI.

(b) Must have experienced a verified residential loss as a result of the 2020 Wildfires and Straight-line Winds for households between 80.1% and 120% AMI.

(A) An individual who has had no ownership in a principal residence during the 3- year period ending on the date of purchase of the property. This may also include a spouse.

(B) A single parent who has only owned with a former spouse while married.

(C) An individual who is displaced and has only owned with a spouse. A displaced individual is someone whose marital status affects their ability to be properly housed.

(d) Cannot have received or be determined eligible for and pursuing an award through the Homeowner Assistance and Reconstruction Program.

(e) Must agree to the affordability terms, which includes maintaining the property as owner-occupants for a defined period (homebuyer affordability period) and recording a deed restriction on the property to ensure that the property remains affordable to income-eligible homeowners for a defined period in the event of resale (property affordability period).

(f) Must meet the Program’s underwriting requirements. The underwriting process will review the applicant for such items as the applicant’s ability to afford the cost of maintaining a home and will be detailed in the program guidelines.

(4) Administration: The funds will be administered by subrecipients.

(5) Updated program information can be found at the OHCS ReOregon website.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.315 - 458.317
OHCS 25-2025, adopt filed 05/23/2025, effective 05/23/2025

Or. Admin. R. 813-100-0061 Housing Counseling Program

The Housing Counseling program provides services from HUD-certified housing counselors for homebuyer education, budgeting/financial planning and pre-purchase and mortgage readiness to help households on their path to housing recovery and long-term stability.

(1) Funding is available through grants to eligible subrecipients

(2) Geographic Eligibility: FEMA IA-declared counties for DR-4562:

(a) HUD-identified MID counties: Clackamas, Douglas, Jackson, Lane, Lincoln, Linn, and Marion

(b) Grantee-identified MID counties: Klamath

(3) Eligible Beneficiaries: To be eligible for the program, applicants must meet the following criteria:

(a) Must be displaced or facing housing insecurity in one of the HUD- or grantee-identified MIDs; or

(b) Be referred from another ReOregon program

(4) Administration: The funds will be administered by subrecipients.

(5) Updated program information can be found at the OHCS ReOregon website.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.315 - 458.317
OHCS 25-2025, adopt filed 05/23/2025, effective 05/23/2025

Or. Admin. R. 813-100-0066 Legal Services Program

The Legal Services program will provide legal assistance for impacted households facing barriers to recovery.

(1) Funding will be provided to eligible subrecipients or OHCS-contracted legal services providers to deliver the following types of assistance:

(a) Replacing identification papers.

(b) Working through insurance claims.

(d) Fighting unlawful evictions and foreclosures.

(e) Combating contractor scams and fraud.

(f) Assistance with school transfers.

(g) Obtaining emergency child custody, visitation, support, and other court orders requiring modification as a result of displacement, injury, or job loss.

(h) Other legal services needed for applicants to complete their recovery through one of the other ReOregon programs.

(2) Geographic Eligibility: FEMA IA-declared counties for DR-4562:

(a) HUD-identified MID counties: Clackamas, Douglas, Jackson, Lane, Lincoln, Linn, and Marion

(b) Grantee-identified MID counties: Klamath

(3) Administration: The funds will be administered by the State of Oregon and/or its subrecipients.

(4) Updated program information can be found at the OHCS ReOregon website.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.315 - 458.317
OHCS 25-2025, adopt filed 05/23/2025, effective 05/23/2025

Or. Admin. R. 813-100-0071 Resilience Planning Program

The Resilience Planning program will carry out regional and statewide recovery, and resilience and mitigation planning involving areas such as infrastructure, public resilience and preparedness, barriers to affordable housing creation, spurring economic growth, protecting public health and job creation.

(1) Eligible applicants may include, but are not limited to, State agencies.

(2) Geographic eligibility: All Oregon counties.

(3) Administration: The funds will be administered by the State of Oregon.

(4) Updated program information can be found at the OHCS ReOregon website.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.315 - 458.317
OHCS 25-2025, adopt filed 05/23/2025, effective 05/23/2025

Or. Admin. R. 813-100-0076 Appeals

All references in ReOregon programs to “Appeals” or “appeals” refer to a written request from an applicant or participant in which the applicant/participant asks OHCS to review and change a determination regarding the applicant/participant’s eligibility or award amounts. ReOregon programs provide a two-level appeals process. The purpose of the ReOregon appeals process is to give an applicant/participant an opportunity to quickly resolve their concerns and to better understand a ReOregon determination. The ReOregon appeals process occurs before, and is separate from, any right that an Applicant/Participant may have to challenge a ReOregon determination under ORS chapter 183, the Oregon Administrative Procedures Act.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555
OHCS 25-2025, adopt filed 05/23/2025, effective 05/23/2025

Division 110 OREGON AFFORDABLE HOUSING TAX CREDITS: AFFORDABLE HOUSING PROJECT CERTIFICATION

Or. Admin. R. 813-110-0005 Purpose

OAR chapter 813, division 110 provides specific guidance pursuant to ORS 317.097 under which OHCS certifies affordable housing development projects sponsored by government entities, nonprofit corporations, and certain persons (“sponsoring entities” or “sponsors”) so as to enable a lending institution to claim Oregon affordable housing tax credits (“OAHTC” or “tax credits”) against Oregon taxes with respect to permanent loans for the construction, acquisition, rehabilitation, or refinancing of such projects. The purpose of the tax credits is to encourage the creation or preservation of safe, sanitary, and affordable housing for lower-income Oregonians.

History

Statutory/Other Authority: ORS 317.097, ORS 456.555 & ORS 317.991
Statutes/Other Implemented: ORS 317.097 & ORS 317.991
OHCS 8-2026, amend filed 04/03/2026, effective 04/05/2026
OHCS 45-2025, temporary amend filed 10/09/2025, effective 10/09/2025 through 04/06/2026
OHCS 27-2024, amend filed 08/27/2024, effective 09/02/2024
OHCS 20-2024, temporary amend filed 05/31/2024, effective 05/31/2024 through 11/26/2024
OHCS 21-2022, amend filed 08/30/2022, effective 09/09/2022
OHCS 36-2014, f. & cert. ef. 12-2-14
OHCS 29-2014(Temp), f. & cert. ef. 6-5-14 thru 12-2-14
OHCS 22-2013, f. & cert. ef. 12-18-13
OHCS 9-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 5-2008, f. & cert. ef. 4-11-08
OHCS 14-2007(Temp), f. & cert. ef. 10-16-07 thru 4-12-08
OHCS 7-2006, f. & cert. ef. 5-17-06
HSG 2-1995, f. & cert. ef. 9-25-95
HSG 7-1994, f. & cert. ef. 9-9-94
HSG 2-1994(Temp), f. & cert. ef. 3-25-94
HSG 3-1992, f. & cert. ef. 2-4-92
HSG 6-1991(Temp), f. & cert. ef. 11-5-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 9-1990, f. & cert. ef. 5-11-90
HSG 3-1990(Temp), f. & cert. ef. 3-1-90
HSG 1-1990(Temp), f. & cert. ef. 1-5-90

Or. Admin. R. 813-110-0010 Definitions

Terms used throughout OAR chapter 813, division 110 may be defined in Oregon Revised Statute (ORS or statute), or in the Affordable Rental Housing Division Definitions (OAR 813-002-0010), or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions except as defined below. All words and terms used in OAR chapter 813, division 110 are as provided in statute, OAR 813-005-0005, or herein. As used in these rules:

(1) “Certification” means the written verification by OHCS to a lender that a project is a qualified project for which the lending institution may claim a OAHTC program tax credit under the provisions of the statute.

(2) “Firm commitment of financing” means an agreement by a lending institution or their intermediary to make a permanent loan to a specific borrower on a specific property and which will contain all the terms and conditions that the borrower must satisfy before said loan can be funded. Payment of a commitment charge by the borrower to the lending institution may be required as a condition precedent to issuance of such an agreement.

(3) "Limited Equity Cooperative (LEC)" is defined in ORS 317.097(1)(e)

(4) "Housing Payment Reduction" means the amount an eligible household's housing payment is reduced from housing payments charged at the market interest rate because of the OAHTC subsidy.

(5) “Oregon Affordable Housing Tax Credit Program Manual” or “OAHTC Manual” or “Manual” means the program manual for the Oregon Affordable Housing Tax Credit Program dated April 2026, as described in OAR 813-110-0011. The manual may be accessed online at OHCS’s website.

(6) “Project” means one or more units of affordable housing, that has been or will be acquired, constructed, developed, or rehabilitated, including refinanced housing, which will be rented to or owned by households whose incomes are less than 80 percent of area median income.

(7) “Rent Pass-through” or “pass-through” means the savings realized through the OAHTC loan rate discount that is used by the project owner to reduce tenant housing payments except in the case of projects falling under OAR 813-110-0013 (2, (3), (4), and (5) which do not have a pass-through requirement.

(8) “Rent reduction” means the amount rents are reduced from the rents charged at the market interest rate because of the OAHTC subsidy.

History

Statutory/Other Authority: ORS 317.097 & ORS 456.555
Statutes/Other Implemented: ORS 317.097
OHCS 8-2026, amend filed 04/03/2026, effective 04/05/2026
OHCS 45-2025, temporary amend filed 10/09/2025, effective 10/09/2025 through 04/06/2026
OHCS 27-2024, amend filed 08/27/2024, effective 09/02/2024
OHCS 20-2024, temporary amend filed 05/31/2024, effective 05/31/2024 through 11/26/2024
OHCS 21-2022, amend filed 08/30/2022, effective 09/09/2022
OHCS 12-2016, f. & cert. ef. 10-13-16
OHCS 4-2016(Temp), f. & cert. ef. 5-5-16 thru 10-31-16
OHCS 6-2015, f. & cert. ef. 7-9-15
OHCS 3-2015(Temp), f. & cert. ef. 3-18-15 thru 9-13-15
OHCS 22-2013, f. & cert. ef. 12-18-13
OHCS 9-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 2-2009, f. & cert. ef. 8-5-09
OHCS 1-2009(Temp), f. & cert. ef. 2-9-09 thru 8-7-09
OHCS 5-2008, f. & cert. ef. 4-11-08
OHCS 14-2007(Temp), f. & cert. ef. 10-16-07 thru 4-12-08
OHCS 9-2007, f. & cert. ef. 1-11-07
OHCS 11-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
OHCS 7-2006, f. & cert. ef. 5-17-06
HSG 2-1995, f. & cert. ef. 9-25-95
HSG 7-1994, f. & cert. ef. 9-9-94
HSG 2-1994(Temp), f. & cert. ef. 3-25-94
HSG 3-1992, f. & cert. ef. 2-4-92
HSG 6-1991(Temp), f. & cert. ef. 11-5-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 9-1990, f. & cert. ef. 5-11-90
HSG 3-1990(Temp), f. & cert. ef. 3-1-90
HSG 1-1990(Temp), f. & cert. ef. 1-5-90

Or. Admin. R. 813-110-0011 Oregon Affordable Housing Tax Credit Manual

(1) Additional policies and instructions are outlined in the OAHTC Manual dated April 2026, incorporated into and adopted as part of this division of administrative rules by reference.

(2) The manual may be accessed online at OHCS’s website.

History

Statutory/Other Authority: ORS 317.097 & ORS 456.515-456.725
Statutes/Other Implemented: ORS 317.097
OHCS 8-2026, amend filed 04/03/2026, effective 04/05/2026
OHCS 45-2025, temporary amend filed 10/09/2025, effective 10/09/2025 through 04/06/2026
OHCS 21-2022, adopt filed 08/30/2022, effective 09/09/2022

Or. Admin. R. 813-110-0013 Loan Requirements

To be eligible for the OAHTC program tax credit, the permanent loan shall be:

(1) Made to a qualified borrower who;

(a) Uses the proceeds to finance construction, development, acquisition, or rehabilitation of housing; and,

(b) Provides a written declaration to OHCS that:

(A) Housing created by the loan is or will be occupied by households earning 80 percent or less of the area median income; and,

(B) The full amount of the savings, from the reduced interest rate provided by the lending institution, is or will be passed through to the qualified tenants in the form of a rent reduction or housing payment reduction, regardless of other subsidies provided directly to the housing project,

(C) In satisfying the pass-through requirement in OAR 813-110-0013(B), project sponsors may not assign pass-through to units whose qualified tenants are benefitting from project-based rent assistance,

(D) In satisfying the pass-through requirement in OAR 813-110-0013(B), may not assign more than the estimated prorated annual per unit pass-through to units whose qualified tenants benefit from a tenant-based voucher.

(E) Limited Equity Cooperative projects satisfy the pass-through requirement in OAR 813-110-0013(B) by passing through the full amount of the savings to households in the Limited Equity Cooperative in the form of reduced housing payments,

(F) The estimated annual average per-unit pass-through for a project is to be calculated by taking the total loan interest savings over the term of the OAHTC, divided by the term, then divided by twelve months, and then divided by the number of eligible affordable units occupied or held vacant for occupancy by qualified tenants, or

(2) Made to a qualified borrower who ensures;

(a) The proceeds will be used to finance construction, development, acquisition, or acquisition and rehabilitation of housing consisting of a manufactured dwelling park;

(b) The housing created by the loan is or will be occupied by a significant number of households, defined as 60% or more of all households at initial tenant qualification, earning 80 percent or less of the area median income; and,

(c) Provides by a written declaration to OHCS that the housing will continue to be operated as a manufactured dwelling park during the period for which the OAHTC program tax credit is allowed, or\

(3) Made to a qualified borrower who;

(a) Uses the proceeds to finance acquisition, or acquisition and rehabilitation, of housing consisting of a preservation project; and,

(b) Provides a written declaration to OHCS that the housing preserved by the loan:

(A) Is or will be occupied by households earning 80 percent or less of the area median income; and

(B) Has a rent assistance contract with the United States Department of Housing and Urban Development (HUD) or the United States Department of Agriculture that will be maintained by the qualified borrower, or;

(4) Made to qualified borrower who;

(a) Uses the proceeds to finance preservation activities including construction, development, acquisition, or rehabilitation, of housing; and,

(b) Enters into a written declaration of restricted covenants with OHCS including the following minimum written requirements and any other that OHCS deems necessary:

(A) The housing is or will be occupied by households earning 80 percent or less of the area median income, and

(B) Is the subject of a rent assistance contract with the federal government or the state government or a local government that will be maintained by the qualified borrower, and

(D) Has the declaration recorded

(5) Made to a qualified borrower who;

(a) Uses the loan proceeds to finance preservation or rehabilitation of housing; and,

(b) Provides a written declaration to OHCS that the housing preserved or rehabilitated by the loan:

(A) Is or will be occupied by households earning 80 percent or less of the area median income; and

(B) Is determined by OHCS through an internal review process as laid out in the Property Stabilization Investments guidance available on OHCS’s website to be in financial or physical distress that threatens its ongoing viability as an affordable housing resource.

(C) The OAHTC Program Manual referenced in OAR 813-110-0011 details specific parameters OHCS will use to make determinations of financial or physical risk.

(6) Made to a qualified mortgage loan fund that:

(a) Uses the proceeds to finance mortgages on land trust homes, and,

(b) Confirms that the homes will be affordable and occupied by first-time homebuyers that at the time of mortgage origination have a household income of 80 percent or less of area median income.

(7) For the project to qualify under OAR 813-110-0013 (3) and (4), a minimum of 25 percent of the total units must be covered by qualifying rent assistance contracts.

History

Statutory/Other Authority: ORS 317.097 & ORS 456.515 - 456.725
Statutes/Other Implemented: ORS 317.097
OHCS 8-2026, amend filed 04/03/2026, effective 04/05/2026
OHCS 45-2025, temporary amend filed 10/09/2025, effective 10/09/2025 through 04/06/2026
OHCS 27-2024, amend filed 08/27/2024, effective 09/02/2024
OHCS 20-2024, temporary amend filed 05/31/2024, effective 05/31/2024 through 11/26/2024
OHCS 12-2023, temporary amend filed 06/02/2023, effective 06/02/2023 through 11/28/2023
OHCS 21-2022, amend filed 08/30/2022, effective 09/09/2022
OHCS 12-2016, f. & cert. ef. 10-13-16
OHCS 4-2016(Temp), f. & cert. ef. 5-5-16 thru 10-31-16
OHCS 22-2013, f. & cert. ef. 12-18-13
Suspended by OHCS 9-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 5-2008, f. & cert. ef. 4-11-08
OHCS 14-2007(Temp), f. & cert. ef. 10-16-07 thru 4-12-08

Or. Admin. R. 813-110-0015 Application Requirements

(1) For the purpose of enabling a lending institution to obtain a reservation of OAHTC under ORS 317.097 for affordable rental housing projects, a sponsoring entity may apply to OHCS for certification of a qualified loan for the allocation of OAHTC consistent with OAR chapter 813 division 110 through the Oregon Centralized Application (ORCA) process.

(2) For the purpose of enabling a lending institution to obtain a reservation of OAHTC under ORS 317.097 for limited equity cooperative or manufactured dwelling park homeownership projects, a sponsoring entity may apply to OHCS for certification of a qualified loan for the allocation of OAHTC consistent with OAR chapter 813 division 110 through the OHCS Homeownership Development Notice of Funding Availability (NOFA) process.

(3) The application shall provide information satisfactory to OHCS including but not limited to:

(a) The name, address and contact information of the sponsoring entity;

(b) Proof as required by OHCS that the sponsoring entity is a qualified borrower;

(c) The relevant background of the qualified borrower and its management agent and their expertise with housing for low-income persons;

(d) A firm commitment of financing by the lending institution to the sponsoring entity for the project containing all of the terms and conditions that the sponsoring entity has to satisfy before the permanent loan will be funded and including an estimated comparable market interest rate for the proposed loan, the estimated reduced interest rate and the estimated amount of savings or a letter of intent for the purpose of a reservation under OAR 813-110-0030;

(e) The name, address, and contact person of the lending institution making the loan;

(f) A description of the project, including the type of housing or program involved, the number and type of housing units to be provided, the number of bedrooms, the address where the project is or will be located, and the federal, state, and local agencies or organizations involved in financing or managing the project;

(g) An agreement by the sponsoring entity to execute restrictive covenants satisfactory to OHCS, which will be recorded at the time of loan closing;

(h) A demonstration relating to occupancy of the units in the project, as required by subsection (4) of this section;

(i) A demonstration that the project meets the minimum requirements of any other OHCS program used by the project, as required by subsection (3) of this section;

(j) Any additional information or actions requested by OHCS; and

(k) A certification by the sponsoring entity that includes, at a minimum, the statement that all information in the application is true, complete, and accurately describes the project.

(4) The following provisions apply to the demonstration relating to occupancy of units that is required in subsection (3) of this section:

(a) A demonstration for a project (other than a manufactured dwelling park) that units constructed or rehabilitated with OAHTC will be occupied by households earning 80 percent or less of adjusted area median income at the time of initial occupancy.

(b) In the case of projects falling under OAR 813-110-0013(2), (3), and (4), pass-through is not required for a certification.

(c) For a project other than a project to which paragraph (b) of this subsection applies, the demonstration must show that at the time the project is initially rented or purchased, and thereafter for the term of the OAHTC, the sponsor will pass the benefits of the project's reduced loan interest rate to tenant or Limited Equity Cooperative (LEC) households whose earnings are 80 percent or less of area median income at the time of initial tenant or LEC qualification.

(d) A demonstration for a manufactured dwelling park must show that the project meets the occupancy requirements applicable to manufactured dwelling parks in ORS 317.097.

(5) A project that uses one or more other OHCS programs must demonstrate that the project meets or will meet the requirements of those other programs before application of the OAHTC subsidy rent reduction or housing payment reduction.

(6) Rental units covered by any project-based rent assistance are not eligible to be used to demonstrate pass-through savings for the OAHTC program.

(a) Projects where less than 25% of units are covered with project-based rent assistance may qualify to use OAHTC on the remaining units by demonstrating pass-through interest savings that result in appropriate rent reductions or housing payments to the pass-through eligible units.

(b) To the degree this can be achieved in conjunction with tenant-based vouchers not targeted for pass-through, it is encouraged to be targeted to units in the Project.

(7) OHCS at its own discretion may pair other OHCS resources with applications requesting the pass-through exemption described in OAR 813-110-0013(5).

(8) OHCS may require a non-refundable application charge and may assess such other charges as it deems reasonable to cover anticipated costs of processing the application, coordinating with other funding or project partners, negotiating, and recording required documents or additional administration. Certain other charges are identified later in these rules.

History

Statutory/Other Authority: ORS 317.097 & ORS 456.515-456.725
Statutes/Other Implemented: ORS 317.097
OHCS 8-2026, amend filed 04/03/2026, effective 04/05/2026
OHCS 45-2025, temporary amend filed 10/09/2025, effective 10/09/2025 through 04/06/2026
OHCS 27-2024, amend filed 08/27/2024, effective 09/02/2024
OHCS 20-2024, temporary amend filed 05/31/2024, effective 05/31/2024 through 11/26/2024
OHCS 21-2022, amend filed 08/30/2022, effective 09/09/2022
OHCS 12-2016, f. & cert. ef. 10-13-16
OHCS 4-2016(Temp), f. & cert. ef. 5-5-16 thru 10-31-16
OHCS 36-2014, f. & cert. ef. 12-2-14
OHCS 22-2013, f. & cert. ef. 12-18-13
OHCS 9-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 5-2008, f. & cert. ef. 4-11-08
OHCS 14-2007(Temp), f. & cert. ef. 10-16-07 thru 4-12-08
OHCS 9-2007, f. & cert. ef. 1-11-07
OHCS 11-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
OHCS 7-2006, f. & cert. ef. 5-17-06
HSG 2-1995, f. & cert. ef. 9-25-95
HSG 7-1994, f. & cert. ef. 9-9-94
HSG 2-1994(Temp), f. & cert. ef. 3-25-94
HSG 3-1992, f. & cert. ef. 2-4-92
HSG 6-1991(Temp), f. & cert. ef. 11-5-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 9-1990, f. & cert. ef. 5-11-90
HSG 3-1990(Temp), f. & cert. ef. 3-1-90
HSG 1-1990(Temp), f. & cert. ef. 1-5-90

Or. Admin. R. 813-110-0020 Application Review

(1)(a) Applications for a reservation of OAHTC, or for an OAHTC certification of award if conditions are met as required under OAR 813-110-0020, are subject to OHCS review:

(b) Any resulting reservation or certification of award may include modifications to the application and may be rescinded if conditions are not satisfied.

(c) OHCS will not issue a reservation of OAHTC program tax credits to an applicant who has not identified a qualified lender who has provided a Letter of Intent to the applicant.

(2) When a reservation or certification of award is made through a solicitation process, the reservation or certification of award will be subject to conditions identified in the solicitation documents that may differ from or supplement OAR 813-110-0030.

(3) When a reservation or certification of award is made outside of a solicitation process, OHCS may specify additional conditions that may differ from or supplement OAR 813-110-0030.

(4) Criteria that OHCS may apply in considering an application include but are not limited to the following:

(a) The experience of the sponsoring entity, property management agent and other involved person in providing low-income housing;

(b) Estimated rents or monthly housing payments that would have to be charged or the purchase price that would be required to make the project financially feasible, for the type and location of housing to be provided;

(c) The dollar amount of estimated savings from the reduction in rents from the estimated rents under paragraph (b) of this subsection, or the reduction in monthly housing payments or purchase price, owing to the OAHTC subsidy;

(d) The estimated rent, housing payment reduction, or purchase price reduction under paragraph (c) of this subsection;

(e) How long the OAHTC program tax credits are needed to meet the sponsoring entity’s goals of long-term safe, sanitary and affordable housing;

(f) Except for projects falling under OAR 813-110-0013 (2), (3), (4), and (5), the sponsoring entity’s statement that the proposed rent reduction or housing payment reduction will be maintained for or offered to households whose annual incomes are 80 percent or less of area median income;

(g) Restrictive covenants that provide for, but are not limited to, appropriate habitability, income and rent restrictions;

(h) The target population to be served;

(i) The need for such affordable housing in the area to be served;

(j) Consistency with the comprehensive housing plan for the state or community;

(k) The location of the project site, including its proximity to transportation, shopping, social, commercial and recreational facilities, medical services and such other facilities and services that best serve the residents;

(l) Availability of street, sewer, water, utilities and other public services;

(m) Architectural design, including universal design principles, aesthetic quality, soundness of construction, energy efficiency, and suitability to the needs of the residents to be served;

(n) Compliance with applicable local comprehensive plan and land use regulations, housing codes and other applicable standards;

(o) The experience of the developer, contractors, architects, consultants, and management agents in developing, constructing, and operating housing projects; and

(p) OHCS's experience with the reputation, experience and capacity of the sponsoring entity, project owner and developer and their representatives, employees, and contractors.

(5) Applications are subject to review by OHCS under this rule according to a process that may include, but need not be limited to an invitation only, a first-come first-reviewed or a competitive review process.

(6) The amount of a reservation or certification of award made pursuant to an application under this division, together with the total outstanding OAHTC program tax credits, may not exceed the maximum allowable amount of OAHTC program tax credits for a project established under program requirements including, but not limited to those established in ORS 317.097(8).

History

Statutory/Other Authority: ORS 317.097 & ORS 456.515-456.725
Statutes/Other Implemented: ORS 317.097
OHCS 8-2026, amend filed 04/03/2026, effective 04/05/2026
OHCS 45-2025, temporary amend filed 10/09/2025, effective 10/09/2025 through 04/06/2026
OHCS 27-2024, amend filed 08/27/2024, effective 09/02/2024
OHCS 20-2024, temporary amend filed 05/31/2024, effective 05/31/2024 through 11/26/2024
OHCS 21-2022, amend filed 08/30/2022, effective 09/09/2022
OHCS 36-2014, f. & cert. ef. 12-2-14
OHCS 22-2013, f. & cert. ef. 12-18-13
OHCS 9-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 5-2008, f. & cert. ef. 4-11-08
OHCS 14-2007(Temp), f. & cert. ef. 10-16-07 thru 4-12-08
OHCS 7-2006, f. & cert. ef. 5-17-06
HSG 2-1995, f. & cert. ef. 9-25-95
HSG 7-1994, f. & cert. ef. 9-9-94
HSG 3-1992, f. & cert. ef. 2-4-92
HSG 6-1991(Temp), f. & cert. ef. 11-5-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 9-1990, f. & cert. ef. 5-11-90
HSG 3-1990(Temp), f. & cert. ef. 3-1-90
HSG 1-1990(Temp), f. & cert. ef. 1-5-90

Or. Admin. R. 813-110-0021 Reservation in Lieu of Certification

(1) For a reservation granted under OAR 813-110-0025:

(a) The reservation is valid for 240 days and is subject to extension by OHCS at its sole discretion; and

(b) Is a confirmed reservation unless the lending institution modifies the original letter of intent or there is a failure to comply with material terms of the reservation.

(2) A sponsor that furnishes OHCS a firm commitment of financing prior to the expiration of a reservation is eligible, subject to other program requirements, for issuance of a certification.

(3) A sponsor that has a reservation issued shall notify OHCS of any change in the lending institution as well as any failure to comply with a material term of the reservation.

History

Statutory/Other Authority: ORS 317.097 & ORS 456.515-456.725
Statutes/Other Implemented: ORS 317.097
OHCS 27-2024, amend filed 08/27/2024, effective 09/02/2024
OHCS 20-2024, temporary amend filed 05/31/2024, effective 05/31/2024 through 11/26/2024
OHCS 21-2022, amend filed 08/30/2022, effective 09/09/2022
OHCS 36-2014, f. & cert. ef. 12-2-14
OHCS 22-2013, f. & cert. ef. 12-18-13
OHCS 9-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 5-2008, f. & cert. ef. 4-11-08
OHCS 14-2007(Temp), f. & cert. ef. 10-16-07 thru 4-12-08
OHCS 7-2006, f. & cert. ef. 5-17-06
HSG 2-1995, f. & cert. ef. 9-25-95
HSG 7-1994, f. & cert. ef. 9-9-94
HSG 3-1992, f. & cert. ef. 2-4-92
HSG 6-1991(Temp), f. & cert. ef. 11-5-91

Or. Admin. R. 813-110-0022 Set-Aside

(1) A portion of the maximum amount of OAHTC program tax credits established in ORS 317.097 is subject to either or both of the following:

(a) A set-aside by OHCS for projects that meet OHCS identified goals under the OAHTC program.

(b) One or more set-asides established by OHCS from time to time, when directed by the Housing Stability Council, to meet housing needs in various economic or geographic regions of the state.

(2) At OHCS’s direction, a sponsoring entity that does not qualify for a set-aside under subsection (1) of this section may request that OHCS approve a set-aside on alternate grounds as provided in this subsection. The sponsoring entity must demonstrate to OHCS that the sponsoring entity meets criteria like those used in the needs assessment in Oregon’s plan that is approved by the U.S. Department of Housing and Urban Development (HUD) and that describes the needs, resources, priorities, and proposed activities to be undertaken with respect to programs of that department. OHCS may approve or deny a set-aside based on its consideration of a request under this subsection.

History

Statutory/Other Authority: ORS 317.097 & ORS 456.515- 456.725
Statutes/Other Implemented: ORS 317.097
OHCS 21-2022, amend filed 08/30/2022, effective 09/09/2022
OHCS 22-2013, f. & cert. ef. 12-18-13
OHCS 9-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 5-2008, f. & cert. ef. 4-11-08
OHCS 14-2007(Temp), f. & cert. ef. 10-16-07 thru 4-12-08
OHCS 7-2006, f. & cert. ef. 5-17-06
HSG 2-1995, f. & cert. ef. 9-25-95
HSG 7-1994, f. & cert. ef. 9-9-94
HSG 3-1992, f. & cert. ef. 2-4-92
HSG 6-1991(Temp), f. & cert. ef. 11-5-91

Or. Admin. R. 813-110-0025 Certification of Eligible Projects

(1) When OHCS determines that it may issue a certification to a lending institution as authorized by ORS 317.097, the certification will include the following as applicable:

(a) The proposed borrower is a qualified borrower;

(b) The qualified borrower has demonstrated that the required benefits will be passed on to households earning less than 80 percent of area median income, except for projects falling under OAR 813-110-0013 (2), (3), (4), and (5), according to program requirements including, but not limited to those in ORS 317.097 and this division;

(d) The annually generated credit does not exceed the maximum limitation for total annual credits established in ORS 317.097(8).

(2) A certification is based on information provided by the sponsoring entity in the application and as updated by the eligible borrower and the lending institution at permanent loan close and conditioned upon the accuracy of such information.

(3) A certification is valid for the purpose of the OAHTC program tax credit only if the information on which the certification is based, other than estimates based on interest rates and other changes made with the approval of OHCS, is unchanged when the loan is closed for the project and when funding documents satisfactory to OHCS including, but not limited to an appropriate declaration of restrictive covenants have been executed and, as required by OHCS, recorded in the official records of the appropriate county.

(4) To establish the use of a certificate for a fixed rate term loan, a lending institution shall complete the loan closing information section of the certificate and send the original to OHCS along with evidence satisfactory to OHCS that an appropriate declaration of restrictive covenants has been recorded or will be recorded at the close of permanent financing, as required by OHCS, against the project property.

(5) When OHCS approves a OAHTC program tax credit for a construction loan, the lending institution shall complete the loan closing information section of the certificate and send the original to OHCS and shall record the restrictive covenants along with evidence satisfactory to OHCS that an appropriate declaration of restrictive covenants has been recorded or will be recorded at the close of construction financing, as required by OHCS, against the project property.

(a) Projects may only request OAHTC be attached to the construction loan when the project falls under a preservation pass-through exemption as listed in OAR 813-110-0013.

(b) The lender for the construction loan must be the same lender as for the permanent loan.

(d) No manufactured dwelling park project may request OAHTC be attached to construction loan.

History

Statutory/Other Authority: ORS 317.097 & ORS 456.515-456.725
Statutes/Other Implemented: ORS 317.097
OHCS 8-2026, amend filed 04/03/2026, effective 04/05/2026
OHCS 45-2025, temporary amend filed 10/09/2025, effective 10/09/2025 through 04/06/2026
OHCS 27-2024, amend filed 08/27/2024, effective 09/02/2024
OHCS 20-2024, temporary amend filed 05/31/2024, effective 05/31/2024 through 11/26/2024
OHCS 21-2022, amend filed 08/30/2022, effective 09/09/2022
OHCS 22-2013, f. & cert. ef. 12-18-13
OHCS 9-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 5-2008, f. & cert. ef. 4-11-08
OHCS 14-2007(Temp), f. & cert. ef. 10-16-07 thru 4-12-08
OHCS 7-2006, f. & cert. ef. 5-17-06
HSG 2-1995, f. & cert. ef. 9-25-95
HSG 7-1994, f. & cert. ef. 9-9-94
HSG 3-1992, f. & cert. ef. 2-4-92
HSG 6-1991(Temp), f. & cert. ef. 11-5-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 9-1990, f. & cert. ef. 5-11-90
HSG 3-1990(Temp), f. & cert. ef. 3-1-90
HSG 1-1990(Temp), f. & cert. ef. 1-5-90

Or. Admin. R. 813-110-0026 Reservations, Certifications and Other Commitments Subject to Housing Stability Council Approval

Applications for OAHTC program credits follow the approval process set forth in OAR 813-001-0007(1)(b) for review and approval by the Housing Stability Council when combined with OHCS resources subject to Council approval. Based upon any relevant council determination, including with respect to complementary funding, any subject reservation, certification or other commitment may be deemed revoked, be modified, or be further conditioned.

History

Statutory/Other Authority: ORS 317.097 & ORS 456.515-456.725
Statutes/Other Implemented: ORS 317.097
OHCS 8-2026, amend filed 04/03/2026, effective 04/05/2026
OHCS 45-2025, temporary amend filed 10/09/2025, effective 10/09/2025 through 04/06/2026
OHCS 27-2024, amend filed 08/27/2024, effective 09/02/2024
OHCS 20-2024, temporary amend filed 05/31/2024, effective 05/31/2024 through 11/26/2024
OHCS 21-2022, amend filed 08/30/2022, effective 09/09/2022
OHCS 36-2014, f. & cert. ef. 12-2-14
OHCS 22-2013, f. & cert. ef. 12-18-13

Or. Admin. R. 813-110-0027 Certification Request by Lending Institution

(1) The sponsoring entity shall submit on behalf of the lending institution a separate request for each certification of a sponsoring entity requested under the OAHTC program.

(2) The sponsoring entity shall pay a charge as assessed by OHCS for each request for a certification.

History

Statutory/Other Authority: ORS 317.097 & ORS 456.515-456.725
Statutes/Other Implemented: ORS 317.097
OHCS 21-2022, amend filed 08/30/2022, effective 09/09/2022
OHCS 36-2014, f. & cert. ef. 12-2-14
OHCS 22-2013, f. & cert. ef. 12-18-13
OHCS 9-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13

Or. Admin. R. 813-110-0029 Supplemental Application Charge

A sponsoring entity of a project under the OAHTC program shall pay a supplemental application charge, as established by OHCS from time to time, when the sponsoring entity requests additional resources for a project that has already been funded under the OAHTC program.

History

Statutory/Other Authority: ORS 317.097 & ORS 456.515-456.725
Statutes/Other Implemented: ORS 317.097
OHCS 21-2022, amend filed 08/30/2022, effective 09/09/2022
Renumbered from 813-110-0032, OHCS 36-2014, f. & cert. ef. 12-2-14
OHCS 22-2013, f. & cert. ef. 12-18-13
OHCS 9-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13

Or. Admin. R. 813-110-0030 Monitoring and Reporting Requirements

A lending institution claiming OAHTC program tax credits under ORS 317.097 is subject to monitoring by OHCS. A lending institution shall submit to the OHCS by May 31 of each year a report satisfactory to OHCS in which the lending institution affirms that the lending institution has met all requirements imposed by law to qualify for the OAHTC program tax credits. The report must be submitted on a form furnished by OHCS and signed by an officer of the lending institution, and:

(1) Shall not include any representation as to the performance by the sponsoring entity; and

(2) Shall include, at a minimum:

(a) The name and address of the lending institution,

(b) The name and contact information of a contact person,

(d) The amount of credit claimed,

(e) The annual charge payment,

(f) The dates the loans were closed,

(g) The name and location of the projects financed by those loans,

(h) The amount loaned for each project,

(i) The outstanding balances of all loans, and,

(j) The average annual balance for each loan.

History

Statutory/Other Authority: ORS 317.097 & ORS 456.515-456.725
Statutes/Other Implemented: ORS 317.097
OHCS 8-2026, amend filed 04/03/2026, effective 04/05/2026
OHCS 45-2025, temporary amend filed 10/09/2025, effective 10/09/2025 through 04/06/2026
OHCS 27-2024, amend filed 08/27/2024, effective 09/02/2024
OHCS 20-2024, temporary amend filed 05/31/2024, effective 05/31/2024 through 11/26/2024
OHCS 21-2022, amend filed 08/30/2022, effective 09/09/2022
OHCS 36-2014, f. & cert. ef. 12-2-14
OHCS 22-2013, f. & cert. ef. 12-18-13
OHCS 9-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 5-2008, f. & cert. ef. 4-11-08
OHCS 14-2007(Temp), f. & cert. ef. 10-16-07 thru 4-12-08
OHCS 9-2007, f. & cert. ef. 1-11-07
OHCS 11-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
OHCS 7-2006, f. & cert. ef. 5-17-06
HSG 2-1995, f. & cert. ef. 9-25-95
HSG 7-1994, f. & cert. ef. 9-9-94
HSG 3-1992, f. & cert. ef. 2-4-92
HSG 6-1991(Temp), f. & cert. ef. 11-5-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 9-1990, f. & cert. ef. 5-11-90
HSG 3-1990(Temp), f. & cert. ef. 3-1-90
HSG 1-1990(Temp), f. & cert. ef. 1-5-90

Or. Admin. R. 813-110-0031 Charges

(1) A lending institution claiming OAHTC program tax credits under ORS 317.097 shall pay a base charge of 5 percent of the annual tax credits claimed to OHCS annually.

(2) The Annual Report for the preceding year is due by May 31st.

(3) OHCS may assess a $100 per month charge for each full month the annual report is delayed after the due date.

History

Statutory/Other Authority: ORS 317.097 & ORS 456.515 - 456.725
Statutes/Other Implemented: ORS 317.097
OHCS 27-2024, amend filed 08/27/2024, effective 09/02/2024
OHCS 20-2024, temporary amend filed 05/31/2024, effective 05/31/2024 through 11/26/2024
OHCS 21-2022, amend filed 08/30/2022, effective 09/09/2022
OHCS 36-2014, f. & cert. ef. 12-2-14

Or. Admin. R. 813-110-0035 Community Rehabilitation Project Certification

(1) A local government or its designated agent that certifies as a participant in a community rehabilitation program shall certify to OHCS that the OAHTC program tax credits for the community rehabilitation program fall within the maximum amount of OAHTC program tax credits authorized in ORS 317.097.

(2) A local government entity shall certify to OHCS that the local community rehabilitation standards will be met for all relending of proceeds from a certified loan.

History

Statutory/Other Authority: ORS 317.097 & ORS 456.515 - 456.725
Statutes/Other Implemented: ORS 317.097
OHCS 21-2022, amend filed 08/30/2022, effective 09/09/2022
OHCS 22-2013, f. & cert. ef. 12-18-13
OHCS 9-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 5-2008, f. & cert. ef. 4-11-08
OHCS 14-2007(Temp), f. & cert. ef. 10-16-07 thru 4-12-08
OHCS 9-2007, f. & cert. ef. 1-11-07
OHCS 11-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
OHCS 7-2006, f. & cert. ef. 5-17-06
HSG 3-1992, f. & cert. ef. 2-4-92
HSG 6-1991(Temp), f. & cert. ef. 11-5-91
HSG 2-1991(Temp), f. & cert. ef. 8-7-91
HSG 9-1990, f. & cert. ef. 5-11-90

Or. Admin. R. 813-110-0037 Use of Project; Transfer of Title

(1) The sponsoring entity and the owner of a project, including legally registered owners of a manufactured dwelling park, any successors, assigns or transferees shall operate and maintain the project in a manner consistent with program requirements including, but not limited to its use for eligible occupants, for the term of the OAHTC program credits, up to twenty years.

(2) The sponsoring entity and the owner of a project with USDA RD rent assistance and/or financing attached, including any successors, assigns or transferees shall operate and maintain the project in a manner consistent with program requirements including, but not limited to its use for eligible occupants, for the term of the OAHTC program credits, up to thirty years.

(3) If the title to a project transfers to the lending institution because of a foreclosure, a deed-in-lieu of foreclosure or an involuntary transfer under a bankruptcy proceeding, the lending institution may dispose of the property at its sole discretion.

(4) In the event of a title transfer as described in OAR 813-110-0037(3), the lending institution cedes any rights to any remaining OAHTC program credits.

(5) Early payoff of the loan generating the OAHTC Program tax credits will result in the termination of any future credits not yet claimed by the lender.

History

Statutory/Other Authority: ORS 317.097 & ORS 456.515-456.725
Statutes/Other Implemented: ORS 317.097
OHCS 8-2026, amend filed 04/03/2026, effective 04/05/2026
OHCS 45-2025, temporary amend filed 10/09/2025, effective 10/09/2025 through 04/06/2026
OHCS 27-2024, amend filed 08/27/2024, effective 09/02/2024
OHCS 20-2024, temporary amend filed 05/31/2024, effective 05/31/2024 through 11/26/2024
OHCS 21-2022, amend filed 08/30/2022, effective 09/09/2022
OHCS 22-2013, f. & cert. ef. 12-18-13
OHCS 9-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13

Or. Admin. R. 813-110-0050 Waiver

The Director may waive or modify any requirements of these Program rules unless such waiver or modification would violate applicable state statute or federal regulations.

History

Statutory/Other Authority: ORS 317.097 & ORS 456.515 - 456.725
Statutes/Other Implemented: ORS 317.097
OHCS 21-2022, amend filed 08/30/2022, effective 09/09/2022
Reverted to OHCS 7-2006, f. & cert. ef. 5-17-06
Suspended by OHCS 9-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 7-2006, f. & cert. ef. 5-17-06

Division 112 SEVERELY RENT BURDENED CITIES DESIGNATION AND REPORTING

Or. Admin. R. 813-112-0000 Purpose and Objectives

OAR chapter 813, division 112 establishes the responsibilities of Oregon Housing and Community Services (OHCS) for the assessment and identification of cities with populations greater than 10,000 experiencing severe rent burden. These rules provide guidance pursuant to House Bill 2003 of the 2019 Oregon Legislative Assembly and section 1, chapter 47, of the Oregon Laws of 2018.

History

Statutory/Other Authority: Section 1, chapter 47, Oregon Laws 2018 & HB 2003 (2019)
Statutes/Other Implemented: Section 1, chapter 47, Oregon Laws 2018 & HB 2003 (2019)
OHCS 2-2020, amend filed 01/27/2020, effective 01/27/2020
OHCS 18-2018, adopt filed 10/25/2018, effective 10/25/2018

Or. Admin. R. 813-112-0010 Definitions

Terms used throughout OAR chapter 813, division 112 may be defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions except as defined below:

(1) “Governing body” means the individual or group of citizens or employees, most senior administrative employee(s), or the delegate(s) thereof, who formulate(s) the policy and direct(s) the affairs of the city.

(2) “Severely rent burdened households" means those households that spend more than 50% of the household income on gross rent for housing.

History

Statutory/Other Authority: HB 2003 (2019) & Section 1, chapter 47, Oregon Laws 2018
Statutes/Other Implemented: HB 2003 (2019) & Section 1, chapter 47, Oregon Laws 2018
OHCS 2-2020, amend filed 01/27/2020, effective 01/27/2020
OHCS 18-2018, adopt filed 10/25/2018, effective 10/25/2018

Or. Admin. R. 813-112-0020 Designation and Reporting

No later than the March 1 of each year, OHCS must:

(1) Gather the most current data available from the United States Census Bureau, or any other source OHCS considers at least as reliable, to determine the percentage of severely rent burdened households for each Oregon city with populations greater than 10,000; and

(2) Provide a report of the data described in subsection (1) to each applicable city’s governing body.

History

Statutory/Other Authority: HB 2003 (2019) & Section 1, chapter 47, Oregon Laws 2018
Statutes/Other Implemented: HB 2003 (2019) & Section 1, chapter 47, Oregon Laws 2018
OHCS 2-2020, amend filed 01/27/2020, effective 01/27/2020
OHCS 18-2018, adopt filed 10/25/2018, effective 10/25/2018

Or. Admin. R. 813-112-0030 Public Meeting

(1) The governing body of each applicable city identified by OHCS, as determined by the data and analysis described in OAR 813-112-0020, must conduct at least one public meeting no later than December 31 of the year in which OHCS provided the qualifying data. The purpose of such public meeting shall be to discuss:

(a) The causes and consequences of severe rent burdens within the city;

(b) The barriers to reducing rent burdens; and

(2) In order to conduct the public meetings as identified in subsection (1) above, each governing body must:

(a) Act in accordance with Oregon’s public meeting laws (ORS 192.610 through 192.690).

(b) Provide notice of the public meeting in accordance with ORS 192.640 and to at least the city’s local housing providers; local service providers; and households experiencing severe rent burden, or their representatives, including the city’s local Public Housing Authority (defined in ORS 456.005), Community Action Agency (described in OAR 813-230-0000), and nonprofit housing and service providers.

(c) Submit the public meeting agenda, together with a list of attendees and their affiliation and geographic location within the city, to the Public Affairs Division of OHCS by February 1 of the following year.

History

Statutory/Other Authority: HB 2003 (2019) & Section 1, chapter 47, Oregon Laws 2018
Statutes/Other Implemented: HB 2003 (2019), Section 1, chapter 47, Oregon Laws 2018, ORS 192.610 - 192.690, ORS 456.005 & OAR 813-230-0000
OHCS 2-2020, amend filed 01/27/2020, effective 01/27/2020
OHCS 18-2018, adopt filed 10/25/2018, effective 10/25/2018

Division 115 PUBLICLY SUPPORTED HOUSING PRESERVATION

Or. Admin. R. 813-115-0001 Purpose and Objectives

The rules of OAR chapter 813, Division 115, describe a required process for Publicly Supported Housing Contract Preservation. This process is defined in ORS 456.766 through 456.813 and 456.828 which provides a framework to help preserve the affordability restrictions of properties that entered into these restrictions to receive federal, state, or local government assistance. This process is also subject to OHCS’ general rules (OAR 813-005).

History

Statutory/Other Authority: ORS 456.766, ORS 776-781 & 456.819
Statutes/Other Implemented: ORS 456.766-819, 456.828 & Senate Bill 973 (2025)
OHCS 9-2026, amend filed 05/07/2026, effective 05/08/2026
OHCS 48-2025, temporary amend filed 11/21/2025, effective 12/01/2025 through 05/29/2026
OHCS 1-2024, amend filed 01/05/2024, effective 01/05/2024
OHCS 10-2020, amend filed 05/21/2020, effective 05/21/2020
OHCS 6-2020, temporary amend filed 03/25/2020, effective 03/25/2020 through 09/20/2020
OHCS 13-2018, adopt filed 09/05/2018, effective 09/05/2018

Or. Admin. R. 813-115-0010 Definitions

Terms used throughout this Division (OAR 813-115) may be defined in Oregon Revised Statute (ORS 456.766) or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions, except as defined below:

(1) “Affordable rental housing” means dwelling units that are rented with or without government assistance to households that earn 80 percent or less of area median income as determined by OHCS using United States Department of Housing and Urban Development information or that otherwise meet the definition of publicly supported housing found in ORS 456.766(6).

(2) “Designee” means a person or entity, appointed by OHCS through a written agreement, who acts as a qualified purchaser of the participating property on OHCS’ behalf, they are a party to a notice of right of first refusal executed by OHCS under ORS 456.814.

(3) “Property” as used within the definition of “participating property” in ORS 456.766 means a multifamily rental housing development, which includes one or more buildings, may have an associated common area, and may be located on a consolidated or scattered site.

(4) "Prospective tenant" means any person that has expressed interest in renting or leasing a property and is being considered by the landlord or property manager, but has not yet signed a lease or rental agreement.

(5) “Publicly supported housing” means a multifamily rental housing development of five or more units that receives or benefits from government assistance under:

(a) A contract for rent assistance from the United States Department of Housing and Urban Development, the United States Department of Agriculture or the Housing and Community Services Department that contains an affordability restriction; or

(b) A contract that is for any other type of government assistance or subsidy that includes an affordability restriction and that is identified in any direct development subsidy or General Housing Account Program (GHAP) subsidy program that has affordability restrictions required by it by the Housing and Community Services Department.

(6) “Safe harbor” as used in ORS 456.788(2)(b) means that for residential tenancies that existed on the termination date of a contract with OHCS, and beginning on the termination date and lasting for a period of three years, the owner or landlord of formerly publicly supported housing:

(a) May not terminate the tenancy under ORS 90.427(3)(b), (4)(b) or (5).

(b) May not provide a rent increase notice more than once in a calendar year.

(c) Shall comply with ORS 90.323 and with requirements adopted by OHCS and applicable to affordable rental housing managed by OHCS that govern rent increases, including requirements related to rent increase limits, required notices or approval or review by OHCS.

History

Statutory/Other Authority: ORS 456.766-456.781 & 456.819
Statutes/Other Implemented: SB 973 (2025), ORS 456.766-456.819 & 456.828
OHCS 9-2026, amend filed 05/07/2026, effective 05/08/2026
OHCS 48-2025, temporary amend filed 11/21/2025, effective 12/01/2025 through 05/29/2026
OHCS 1-2024, amend filed 01/05/2024, effective 01/05/2024
OHCS 20-2022, amend filed 08/16/2022, effective 08/18/2022
OHCS 10-2020, amend filed 05/21/2020, effective 05/21/2020
OHCS 6-2020, temporary amend filed 03/25/2020, effective 03/25/2020 through 09/20/2020
OHCS 12-2018, adopt filed 09/04/2018, effective 09/04/2018

Or. Admin. R. 813-115-0020 Inclusion of Local Government Subsidy Program Properties as Publicly Supported Housing

(1) A local government may make an application to OHCS requesting that a local subsidy program be included in the definition of publicly supported housing as provided by ORS 456.766(6)(a)(B).

(2) To be eligible for OHCS approval:

(a) The local subsidy program must require a deed restriction, loan agreement, operating agreement, or any other writing agreement that places an affordability restriction on the property; and

(b) The local government subsidy program must otherwise comply with and not be excluded from the definition of publicly supported housing (definition and exclusions are in ORS 456.766(6)(a)); and

(3) If an application is approved by OHCS, property that is the subject of a contract by which the property becomes publicly supported housing that is subject to an affordability restriction becomes a participating property (as defined by ORS 456.766) and is subject to process requirements of this division of rules.

History

Statutory/Other Authority: ORS 456.766
Statutes/Other Implemented: ORS 456.766-456.819 & 456.828
OHCS 9-2026, amend filed 05/07/2026, effective 05/08/2026
OHCS 48-2025, temporary amend filed 11/21/2025, effective 12/01/2025 through 05/29/2026
OHCS 1-2024, amend filed 01/05/2024, effective 01/05/2024
OHCS 20-2022, amend filed 08/16/2022, effective 08/18/2022
OHCS 10-2020, amend filed 05/21/2020, effective 05/21/2020
OHCS 6-2020, temporary amend filed 03/25/2020, effective 03/25/2020 through 09/20/2020
OHCS 12-2018, adopt filed 09/04/2018, effective 09/04/2018

Or. Admin. R. 813-115-0030 Required Notices by Owner to OHCS and Other Qualified Purchasers

(1)  The owner of a participating property must provide OHCS and any qualified purchaser of the participating property timely notices of expiration of affordability restrictions or of the owner’s request to withdraw the participating property from publicly supported housing as outlined in ORS 456.781.

(2) The notices identified in subsection (1) above:

(a) Must be on a form as prescribed and provided by OHCS. The owner must deliver the notice electronically through an OHCS approved database, by electronic certified email, or by registered or certified mail. Electronic or regular mail without certification is not an acceptable delivery format, and,

(b) Are deemed effective three days after the date any such notice is sent by electronic delivery, by registered or certified mail with return receipt, or electronically through an OHCS approved database, by electronic certified email, or by registered or certified mail. Electronic or regular mail without certification is not an acceptable format for submittal, and

(c) Must be promptly updated if the information provided, including the owner’s intentions with respect to the participating property, changes between the time the notice is submitted and the termination date. If, after the time any required notice is submitted, the owner decides to sell or consider selling the property, updated notice must be provided no later than the date on which a Purchase and Sale Agreement is executed.

(3) When applicable, a pending additional affordability restriction or extension of an affordability restriction term with OHCS, HUD, or USDA Rural Development may serve as proof of the owner's intent to preserve the participating property in lieu of the above notices in subsections (1) above. In such applicable cases, OHCS may inform the owner and waive the notice requirements.

(4) OHCS may, at its sole discretion, provide extensions to deadlines for delivery of the notices identified in subsection (1) above. Any delays in the timely delivery of notices may result in an extension of the affordability period.

(5) OHCS may, at its sole discretion, on a participating-property basis, waive the notice requirements under subsection (1) above for property owners that are local governments or housing authorities.

(6) If an owner does not comply with the notice requirements of subsections (1) and (2), including the requirements of subsection (2)(c), OHCS may record an extension of the affordability restrictions as provided in ORS 456.804 or seek any other relief available at law or in equity.

History

Statutory/Other Authority: ORS 456.776 & 456.781
Statutes/Other Implemented: ORS 456.766-456.819 & 456.828
OHCS 9-2026, amend filed 05/07/2026, effective 05/08/2026
OHCS 48-2025, temporary amend filed 11/21/2025, effective 12/01/2025 through 05/29/2026
OHCS 1-2024, amend filed 01/05/2024, effective 01/05/2024
OHCS 20-2022, amend filed 08/16/2022, effective 08/18/2022
OHCS 10-2020, amend filed 05/21/2020, effective 05/21/2020
OHCS 6-2020, temporary amend filed 03/25/2020, effective 03/25/2020 through 09/20/2020
OHCS 12-2018, adopt filed 09/04/2018, effective 09/04/2018

Or. Admin. R. 813-115-0035 Required Notice by Owner to Tenants and Prospective Tenants of Properties with OHCS Restrictions

(1) In addition to the notices required under ORS 456.781 and ORS 456.814, and OAR 813-115-0030, owners of publicly supported housing properties subject to OHCS restrictions are required to notify tenants and prospective tenants of withdrawal of a participating property.

(2) The notice described in subsection (1) above must be on a form as prescribed and provided by OHCS. The most current version of the tenant notice form will be made available on the department's website.

(3) If a dwelling unit is subject to an affordability restriction, as defined in ORS 456.766, the landlord must provide written notice to any applicant or prospective tenant prior to charging a screening fee or entering into a rental agreement.

(4) The written notice described in subsection (3) must:

(a) Be in the form prescribed by OHCS;

(b) Clearly state the earliest possible date the affordability restrictions could be terminated;

(d) The most current version of the prospective tenant notice form will be made available on the department’s website.

(5) The owner must deliver the notices described in ORS 456.788 and this rule to tenants and prospective tenants and post onsite in a common area as prescribed in ORS 456.788.

History

Statutory/Other Authority: ORS 456.776 & 456.488
Statutes/Other Implemented: ORS 456.776 & SB 973 (2025)
OHCS 9-2026, amend filed 05/07/2026, effective 05/08/2026
OHCS 48-2025, temporary amend filed 11/21/2025, effective 12/01/2025 through 05/29/2026
OHCS 1-2024, amend filed 01/05/2024, effective 01/05/2024
OHCS 20-2022, adopt filed 08/16/2022, effective 08/18/2022

Or. Admin. R. 813-115-0050 Qualified Purchaser Access to Property, Records and Documents

After providing notice as required under ORS 456.260 and described in OAR 813-115-0030, the property owner must provide a qualified purchaser access to documents as required by ORS 456.262. For the purpose of this rule, documents include, but are not limited to, OHCS, HUD, and USDA Rural Development compliance reports, as applicable; and current approved rent schedule, including actual rent charges.

History

Statutory/Other Authority: ORS 456.258
Statutes/Other Implemented: ORS 456.250-456.265
OHCS 1-2024, amend filed 01/05/2024, effective 01/05/2024
OHCS 20-2022, amend filed 08/16/2022, effective 08/18/2022
OHCS 10-2020, amend filed 05/21/2020, effective 05/21/2020
OHCS 6-2020, temporary amend filed 03/25/2020, effective 03/25/2020 through 09/20/2020
OHCS 12-2018, adopt filed 09/04/2018, effective 09/04/2018

Or. Admin. R. 813-115-0060 Recording Notices of Right of First Refusal

(1) After submitting an offer to the property owner as outlined in ORS 456.814, a qualified purchaser may record—in the real property records of the county or counties within which the relevant participating property is located—a notice of right of first refusal, as provided by ORS 456.814, in a form provided by and available from OHCS.

(2) If no qualified purchaser has recorded a right of first refusal, OHCS may record the right of first refusal per 456.814(7) without delivering an offer to purchase.

(3) A qualified purchaser may assign their interest in a right of first refusal to another qualified purchaser by recording—in the real property records of the county or counties within which the relevant participating property is located—a notice of assignment of the right of first refusal.

(4) A qualified purchaser is not required to exercise a right of first refusal and submit a matching offer under ORS 456.819.

(5) A qualified purchaser shall provide a release of the recorded right of first refusal to the property owner upon:

(a) Transfer of ownership to a third party or qualified purchaser; or

(b) Expiration of the term of the right of first refusal if there is no transfer of ownership; or

History

Statutory/Other Authority: ORS 456.766
Statutes/Other Implemented: ORS 456.766-456.819 & 456.828
OHCS 9-2026, amend filed 05/07/2026, effective 05/08/2026
OHCS 48-2025, temporary amend filed 11/21/2025, effective 12/01/2025 through 05/29/2026
OHCS 1-2024, amend filed 01/05/2024, effective 01/05/2024
OHCS 20-2022, amend filed 08/16/2022, effective 08/18/2022
OHCS 10-2020, amend filed 05/21/2020, effective 05/21/2020
OHCS 6-2020, temporary amend filed 03/25/2020, effective 03/25/2020 through 09/20/2020
OHCS 12-2018, adopt filed 09/04/2018, effective 09/04/2018

Or. Admin. R. 813-115-0070 Qualified Purchaser Right of First Refusal; Third Party Offer

(1) Before selling a participating property that is subject to a recorded notice of right of first refusal, under ORS 456.262, to a third party other than a qualified purchaser, the property owner shall provide notice to all parties with a recorded right of first refusal of the owner’s intent to:

(a) Accept a purchase offer from a third party; or

(b) Amend the terms and conditions of a purchase offer from a third party under (a) above; or

(d) Accept a purchase offer from another third party subsequent to (a) above.

(2) Qualified purchasers receiving this notice under subsection (1) above may exercise a right of first refusal by delivering a matching offer to purchase the property. The property owner shall accept the first matching offer the property owner receives from a qualified purchaser.

(3) Qualified purchasers can exercise their right of first refusal as many times as applicable until:

(a) Owner successfully transfers the property to a third party or a qualified purchaser; or

(b) The expiration of the term of the right of first refusal; or

(4) Requirements related to required notices, matching offers, and property sales generally under this process are outlined in ORS 456.263.

History

Statutory/Other Authority: ORS 456.258
Statutes/Other Implemented: ORS 456.250-456.265
OHCS 1-2024, amend filed 01/05/2024, effective 01/05/2024
OHCS 20-2022, amend filed 08/16/2022, effective 08/18/2022
OHCS 10-2020, amend filed 05/21/2020, effective 05/21/2020
OHCS 6-2020, temporary amend filed 03/25/2020, effective 03/25/2020 through 09/20/2020
OHCS 12-2018, adopt filed 09/04/2018, effective 09/04/2018

Division 120 HOME INVESTMENT PARTNERSHIPS PROGRAM

Or. Admin. R. 813-120-0001 Purpose and Objectives

OAR chapter 813, division 120, is promulgated to accomplish the general purpose of the U.S. Department of Housing and Urban Development (HUD) Final Rule for the HOME Investment Partnerships Program, 24 C.F.R. Part 92, and to implement the Oregon HOME Investment Partnerships Program. Pursuant to 24 C.F.R. §92.105, the Department was designated a participating jurisdiction upon receiving HUD’s approval of Oregon’s Consolidated Plan. The HOME Investment Partnerships Program is established to address the priority needs outlined in the Consolidated Plan for the development and rehabilitation of decent, safe, sanitary and affordable housing for low- and very-low-income individuals and families. OAR chapter 813, division 120, describes the HOME Investment Partnerships Program and its objective to provide funds to acquire, construct and rehabilitate housing, to provide tenant-based rental assistance for individuals and families of low- and very low-income, and to leverage local and private monies available from other sources for the purposes of production of low- and very low-income housing.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 456.620
Statutes/Other Implemented: ORS 456.559(1)(f)
Reverted to OHCS 1-2008, f. & cert. ef. 1-28-08
OHCS 10-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 1-2008, f. & cert. ef. 1-28-08
HSG 3-1995, f. & cert. ef. 9-25-95
HSG 8-1994, f. & cert. ef. 9-9-94
HSG 3-1993, f. & cert. ef. 8-18-93
HSG 1-1993(Temp), f. & cert. ef. 2-19-93
HSG 10-1992, f. & cert. ef. 11-20-92
HSG 6-1992(Temp), f. & cert. ef. 6-15-92

Or. Admin. R. 813-120-0010 Definitions

All terms used in OAR chapter 813, division 120, are defined in the Act, in 24 C.F.R. Part 92, in 813-005-0005 and herein. As used in OAR chapter 813, division 120, unless the context indicates otherwise:

(1) “Adjusted Income” means a Family’s annual income (as determined pursuant to 24 C.F.R. § 92.203) less specified allowances determined by HUD, including allowances for dependents, elderly family members, handicapped or disabled members and child care expenses.

(2) “Administrative Costs” means allowable costs, as described in OMB Circular A-87, incurred by the Department in carrying out its eligible Program activities in accordance with prescribed regulations24 CFR Part 58.

(3) “Applicant” means an individual or entity that has applied for HOME funds under the Program.

(4) “Commitment”, when used in reference to a specific Project, means a commitment of HOME funds as outlined under 24 C.F.R. §92.2.

(5) “Community Housing Development Organization” or “CHDO” means a private nonprofit organization registered with the Oregon Secretary of State that meets the requirements as defined in 24 C.F.R. § 92.2, has among its stated purposes the provision of decent and affordable housing for low- and moderate-income persons as evidenced in its charter, articles of incorporation or by-laws, has been designated tax-exempt under Section 501(c)(3) or (4) of the Internal Revenue Code of 1986, ,as amended, maintains accountability to the low-income community by:

(a) Maintaining at least one-third of its governing board’s membership for low-income community residents or elected representatives of low-income neighborhood organizations;

(b) Having not more than one-third of its governing board’s membership be public officials and having not more than one-third of its governing board’s membership directly or indirectly appointed by the State or a local government;

(c) Having not more than one-third of its governing board’s membership directly or indirectly appointed by a for-profit entity;

(d) Providing a formal process for Program beneficiaries to advise the CHDO in design, siting, development, and housing management decisions;

(e) Having a demonstrated capacity to carry out the proposed activities funded by the Program;

(f) Having at least a one-year history of serving the community of the proposed Project or, for newly-created CHDOs formed by local churches, service organizations or neighborhood organizations, a parent organization that can satisfy such requirement; and

(g) After meeting the above requirements, has received official CHDO designation from the Department.

(6) “Consolidated Plan” means the plan for the State of Oregon approved by HUD which describes the needs, resources, priorities and proposed activities to be undertaken with respect to the HUD HOME Program in Oregon.

(7) “Displaced Person” means any person who moves involuntarily from real property or moves his or her personal belongings from the real property as a direct result of an activity undertaken with HOME fund assistance.

(8) “Expenditure of Funds” means the process of requesting the Department draw down HOME funds from the HOME Investment Trust Fund Account for a specific Project.

(9) “Family” is defined in 24 C.F.R. § 5.403.

(10) “First-Time Homebuyer” means an individual and his or her spouse who have not owned a home during the three-year period prior to purchase of a home with assistance under the American Dream Downpayment Initiative (ADDI) as described in 24 CFR 92 Subpart M. The term “First-Time Homebuyer” means an individual who is a displaced homemaker or single parent as defined in 24 CFR 92.

(11) “For-Profit Organization” means an individually- or cooperatively-owned organization for profit, which is not a foreign corporation, incorporated under or subject to the provisions of ORS Chapter 60.

(12) “HOME” means HUD’s HOME Investment Partnerships Program established by the HOME Investment Partnerships Act at Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, as amended, 42 U.S.C. § 12701 et seq.

(13) “HOME Agreement” means an agreement between the Department and Recipient setting forth the terms and conditions of the grant, loan or other disbursement of HOME funds by the Department to the Recipient.

(14) “HOME Investment Trust Fund Account” means the account established by the U.S. Treasury and managed through HUD’s Integrated Disbursement and Information System for the Program.

(15) “Homeownership” means ownership in fee simple title or 99 year leasehold interest in a one- to four-unit dwelling or in a condominium unit, ownership or membership in a cooperative, or equivalent form of ownership approved by HUD. The ownership interest may be subject only to the restrictions on resale required under 24 C.F.R. § 92.254(a), mortgages, deeds of trust, or other liens or instruments securing debt on the property as approved by the Department, or any other restrictions or encumbrances that do not impair the good and marketable nature of title to the ownership interest.

(16) “Household” means one or more persons occupying a housing unit.

(17) “HUD” means the U.S. Department of Housing and Urban Development.

(18) “Housing”means manufactured housing and manufactured housing lots, permanent housing for disabled homeless persons, transitional housing, single room occupancy housing, and group homes. Housing also includes elder cottage housing opportunity (ECHO) units that are small, free-standing, barrier-free, energy efficient, removable, and designed to be installed adjacent to existing single-family dwellings. Housing does not include emergency shelters (including shelters for disaster victims) or facilities, correctional facilities and student dormitories.

(19) “HUD Section 8 Housing Quality Standards” or “HQS” means those occupancy standards as contained in 24 C.F.R §982.401.

(20) “Integrated Disbursement and Information System” or “IDIS” means HUD’s computerized disbursement and information system which disburses funds and collects and reports information on the use of HOME funds in the U.S. Treasury account and which shall apply to fiscal management in accordance with 24 C.F.R. §92.502.

(21) “Layering” means the use of HOME funds with other federal funds which would result in excessive subsidy to a specific Project.

(22) “Local Partnership Program” means a local agency, approved for participation in the Program through the Department’s Low Income Rental Housing Fund Program, to provide Tenant-Based Rental Assistance within aspecific geographical service area.

(23) “Low-Income “ means annual Family income which does not exceed 80 percent of the median income for the area, as determined by HUD, with allowances for Family size.

(24) “Low-Income Neighborhood” means a Neighborhood in which at least 51 percent of its Households are Low-Income.

(25) “Match” means the mandatory use of non-federal sources pursuant to 24 C.F.R. §§ 92.218–92.222.

(26) “Neighborhood” means a geographic location designated in comprehensive plans, ordinances, or other local documents as neighborhood, village, or similar geographical designation that is within the boundary but does not encompass the entire area of a unit of general local government. If the unit of general local government has a population under 25,000, the neighborhood may, but need not, encompass the entire area of a unit of general local government.

(27) “Nonprofit Organization” means an organization which is established under the provisions of ORS Chapter 65; a community development corporation as defined in 458.210; a housing authority as defined in 456.005(2); a community action agency as established by the Economic Opportunity Act of 1964 and 458.505(4); or other nonprofit entity (including an office, division or agency of a political subdivision) representing or seeking to serve the housing, human services and community economic revitalization needs of a clearly-defined population and area.

(28) “Program” means the Oregon HOME Investment Partnerships Program established under OAR chapter 813, division 120.

(29) “Project” means a site or sites together with any building (including a manufactured housing unit), or buildings located on the site(s) that are under common ownership, financing and management and are to be assisted with HOME funds as a single undertaking under the Program.

(30) “Project Completion” means all necessary construction, reconstruction and title transfer have been accomplished and in the Department’s judgment complies with the requirements of OAR chapter 813, division 120, and applicable federal requirements, and the final drawdown for the Project has been disbursed and the Project completion report has been entered into HUD’s IDIS.

(31) “Public Agency” means a state, county, municipality or other governmental entity. Nonprofit Organizations which are organized as public nonprofit corporations may also be considered Public Agencies.

(32) “Public Housing Agency” or “PHA” means any Public Agency that is authorized to engage in or assist in the development or operation of Low-Income housing.

(33) “Recipient” means any entity under contract with the Department to undertake activities funded by the Department’s HOME Program. For the purposes of HOME Tenant-Based Rental Assistance, homebuyer assistance, and homeowner rehabilitation, a Recipient may include the tenant or homeowner receiving assistance.

(34) “Reconstruction” means the rebuilding, on the same lot, of housing standing on a site at the time of Project Commitment. The number of units may not decrease or increase but the number of rooms per unit may decrease or increase. Reconstruction also includes replacing an existing substandard unit of manufactured housing.

(35) “State Recipient” means a unit of general local government designated by the Department to administer HOME funds.

(36) “Subrecipient” means a Public Agency or Nonprofit Organization selected by the Department to administer or implement all or a portion of its HOME Program. Such an organization is not considered a Subrecipient if it receives HOME funds solely as a developer or owner of housing.

(37) “Tenant-Based Rental Assistance” is a form of assistance awarded to a Household to defray the costs of renting a housing unit. Assistance may include, but is not limited to, rent and security deposits. Assistance provided to a Household may be transferred to another housing unit as approved by the Local Partnership Program, or other agency providing Tenant-Based Rental Assistance, and the Department.

(38) “Transitional Housing” means housing that is designed to provide housing and appropriate supportive services to persons including, but not limited to, deinstitutionalized individuals with disabilities, homeless individuals with disabilities, and homeless families with children, and has as its purpose facilitating the movement of individuals and families to independent living within a time period that is set by the Department or Project owner before occupancy.

(39) “Very Low-Income” means annual income which does not exceed 50 percent of the median Family income for the area, as determined by HUD with allowances for Family size.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 456.620
Statutes/Other Implemented: ORS 456.559(1)(f)
Reverted to OHCS 1-2008, f. & cert. ef. 1-28-08
OHCS 11-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 1-2008, f. & cert. ef. 1-28-08
HSG 1-1997, f. & cert. ef. 4-15-97
HSG 3-1995, f. & cert. ef. 9-25-95
HSG 8-1994, f. & cert. ef. 9-9-94
HSG 3-1993, f. & cert. ef. 8-18-93
HSG 1-1993(Temp), f. & cert. ef. 2-19-93
HSG 10-1992, f. & cert. ef. 11-20-92
HSG 6-1992(Temp), f. & cert. ef. 6-15-92

Or. Admin. R. 813-120-0025 Application Procedure and Requirements

(1) The Department may distribute HOME funds, subject to availability of funds in the Program, through a process which may involve but is not limited to a first come — first reviewed process, demonstration program, a competitive review process, or as necessary to maintain an on-going concern.

(a) Applications for HOME funds may include a pre-application and a final application. The completeness of information in pre-applications shall be the basis for inviting final applications.

(b) Each application submitted shall be reviewed by Department staff according to Program requirements and detailed Project evaluation criteria.

(2) The Applicant shall submit, on an application form and in accordance with the process prescribed by the Department, Applicant and Project information including but not limited to:

(a) Name, address and telephone number of the Applicant;

(b) Category of assistance requested;

(c) Amount requested and total Project costs, including a description and documentation of all additional Project funding and funding sources;

(d) A pro forma of Project income and expenses;

(e) The percentage of Match, as required by 24 C.F.R. § 92.218;

(f) A written description of the Project including the number of units, unit mix, proposed rents, site location, Project amenities, and any other information required in the application materials, Program guidelines or 24 C.F.R. Part 92;

(g) A statement of Project purpose indicating the housing type and tenants to be housed, and the length of time and the number of units that will be committed for occupancy by Low- and Very Low-Income Families;

(h) A description of how the proposed Project meets the regional or statewide needs and priorities addressed in and is consistent with Oregon's Consolidated Plan or its successor, or documentation as to why the highest priority in the Applicant's community differs from the highest priorities outlined in Oregon's Consolidated Plan;

(i) A narrative of the experience of the sponsor/developer/ owner/manager in developing and operating housing projects;

(j) A description of the Applicant's readiness to proceed on Project activities. Applicants should expect to begin construction activities within six months of execution of the HOME Agreement; and

(k) A schedule for completion of Project activities.

(3) Applicants must minimize Layering in Projects proposed for HOME funding in accordance 24 CFR 92.250 Subpart b, and the Department will not invest any more HOME funds in combination with other federal governmental assistance than is necessary to provide affordable housing to the targeted population.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 456.620
Statutes/Other Implemented: ORS 456.559(1)(f)
Reverted to Renumbered from 813-120-0080 by OHCS 6-2013, f. & cert. ef. 6-21-13
OHCS 11-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
Renumbered from 813-120-0080 by OHCS 6-2013, f. & cert. ef. 6-21-13
OHCS 1-2008, f. & cert. ef. 1-28-08
OHCS 10-2007, f. & cert. ef. 1-11-07
OHCS 9-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
HSG 1-1997, f. & cert. ef. 4-15-97
HSG 3-1995, f. & cert. ef. 9-25-95
HSG 8-1994, f. & cert. ef. 9-9-94
HSG 3-1993, f. & cert. ef. 8-18-93
HSG 1-1993(Temp), f. & cert. ef. 2-19-93
HSG 10-1992, f. & cert. ef. 11-20-92
HSG 6-1992(Temp), f. & cert. ef. 6-15-92

Or. Admin. R. 813-120-0032 Application Review

(1) The Department shall consider an application and approve or deny the application, or request additional information within the timeframe set forth in the application materials.

(2). If the Department proposes to award HOME funds on an application requesting in excess of $100,000, it shall submit the application request to the Housing Stability Council for review. The Council shall approve or disapprove the application at a public hearing of the Council, pursuant to ORS 456.571(2).

(3) In reviewing applications for HOME assistance, the Department and the Council, as appropriate, may consider, in addition to any other or special evaluation criteria, the following:

(a) Amount of available funds in the HOME Program;

(b) Availability of other sources of assistance; and

(4) The Department may, in its sole discretion, further restrict the amount and/or type of assistance available or restrict the type of Applicant eligible for assistance.

(5) The Department shall select those applications which, in the judgment of the Department, best achieve the purposes of the HOME Program, this OAR chapter 813, division 120 (including the Program guidelines described in 813-120-0060(1)), and 24 C.F.R. Part 92, and meet the evaluation criteria outlined in the Program guidelines described in 813-120-0060(1). Applicants must document consistency with the priorities in Oregon's Consolidated Plan or its successor, or document why the highest priority in their communities differs from the highest priorities outlined in Oregon's Consolidated Plan or its successor. Projects that are not financially feasible shall not be funded.

History

Statutory/Other Authority: ORS 456.620
Statutes/Other Implemented: ORS 456.559(1)(f)
Reverted to Renumbered from 813-120-0090 by OHCS 6-2013, f. & cert. ef. 6-21-13
OHCS 11-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
Renumbered from 813-120-0090 by OHCS 6-2013, f. & cert. ef. 6-21-13
OHCS 1-2008, f. & cert. ef. 1-28-08
HSG 3-1995, f. & cert. ef. 9-25-95
HSG 8-1994, f. & cert. ef. 9-9-94
HSG 3-1993, f. & cert. ef. 8-18-93
HSG 1-1993(Temp), f. & cert. ef. 2-19-93
HSG 10-1992, f. & cert. ef. 11-20-92
HSG 6-1992(Temp), f. & cert. ef. 6-15-92

Or. Admin. R. 813-120-0035 Form of Assistance

(1) The Department shall provide funds for he acquisition, construction and rehabilitation of housing, including Transitional Housing, affordable to Low-and Very Low-Income Families, and Tenant-Based Rental Assistance to Low- and Very-Low-Income Families subject to limitations otherwise prescribed by OAR 813, division 120, and 24 CFR Part 92.

(2) The Department shall also provide down-payment assistance to First-time Homebuyers in accordance with the American Dream Downpayment Initiative as described in 24 CFR Subpart M.

(3) The Department shall confirm to the applicant in writing the amount and form or assistance, if any, to be provided form the HOME Program.

(4) The Department may establish fees, interest rates, repayment terms, performance criteria and reporting requirements pursuant to 24 CFR Part 92, as the Department considers appropriate or necessary for the type and use of assistance provided. The Department shall specify such terms and conditions to an applicant in writing before funds are advanced or any agreements signed. The Department may require an applicant to execute such documents as the Department considers appropriate or necessary to evidence the type and amount of assistance provided, and any terms and conditions agreed to in connection with such assistance, subject to federal policy or regulatory direction.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 456.620
Statutes/Other Implemented: ORS 456.559(1)(f)
Reverted to Renumbered from 813-120-0100 by OHCS 1-2008, f. & cert. ef. 1-28-08
OHCS 11-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
Renumbered from 813-120-0100 by OHCS 1-2008, f. & cert. ef. 1-28-08
OHCS 10-2007, f. & cert. ef. 1-11-07
OHCS 10-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
HSG 3-1993, f. & cert. ef. 8-18-93
HSG 1-1993(Temp), f. & cert. ef. 2-19-93
HSG 10-1992, f. & cert. ef. 11-20-92
HSG 6-1992(Temp), f. & cert. ef. 6-15-92

Or. Admin. R. 813-120-0040 Eligible Costs for HOME Activities

Costs are determined as eligible to be paid with HOME funds to the extent that they promote housing affordability. Eligible costs include:

(1) Development hard costs such as the actual costs of constructing or rehabilitating housing including, but not limited to:

(a) For new construction, costs to meet the applicable new construction standards of Oregon and the Model Energy Code referred to in 24 C.F.R. § 92.251.

(b) For rehabilitation, costs to meet the property standards in 24 C.F.R. § 92.251; to make essential improvements, including energy-related repairs or improvements, improvements necessary to permit use by persons with disabilities, the abatement of lead-based paint hazards, as required by 24 C.F.R. § 92.355, and to repair or replace major housing systems in danger of failure; costs to refinance existing debt when rehabilitating owner-occupied single family units;

(A) Costs to make utility connections; and costs of existing structure demolition and improvements to the Project site. A Project shall be documented to have complied with these standards prior to the submission of an IDIS Project Completion Report.

(B) Costs associated with Project site improvements. Site improvements shall be comparable to those found in similar developments in the geographic area surrounding the Project and shall be accomplished for the primary use of the proposed Project residents.

(2) Development soft costs incurred by the owner and/or sponsor. These costs include reasonable and necessary costs associated with financing and/or development of new construction, rehabilitation, or acquisition including, but not limited to:

(a) Architectural, engineering and/or related professional services required for preparing plans, drawings, specifications or work write-ups;

(b) Costs to process and settle Project financing, including private lender origination fees, credit reports, fees for title evidence, legal document recording, attorneys, private appraisal, building permits, and independent cost estimate, builder or developer fees;

(d) Costs associated with services provided in connection with affirmative marketing and fair housing information, in conformance with 24 C.F.R. Part 92.

(e) For new construction or rehabilitation, the cost of funding an initial operating deficit reserve, and costs for the payment of impact fees that are charged for all developments within a jurisdiction.

(3) Costs of acquiring improved or unimproved real property, including acquisition by homebuyers.

(4) Costs of relocation payments and other related assistance for permanently or temporarily Displaced Persons, families, businesses, farm operations or other entities determined appropriate by the Department, and staff and overhead costs directly related to providing advisory and other relocation services.

(5) Costs of rent or rental deposits for tenants receiving HOME Tenant-Based Rental Assistance.

(6) Costs of Program administration up to ten percent (10%) of the Department’s fiscal year allocation. Allowable Administrative Costs include, but are not limited to, activities involving the coordination, monitoring and evaluation of HOME-assisted Projects or Programs such as preparing budgets, schedules and amendments; evaluating Program results against stated objectives; developing systems for assuring compliance with Program requirements; monitoring Program activities for progress and compliance with Program requirements; preparing reports and other compliance documents related to the HOME Program; and coordinating the resolution of audit and monitoring findings; the Department’s staff and overhead costs directly related to carrying out the Project.

(7) Project-specific technical assistance and site control loans, and Project-specific seed money loans to CHDOs as outlined in 24 C.F.R. § 92.301.

(8) Up to five percent (5%) of the Department’s fiscal year HOME allocation may be used for the operating expenses of CHDOs as outlined in 24 C.F.R., Part 92.208.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 456.620
Statutes/Other Implemented: ORS 456.559(1)(f)
Reverted to OHCS 1-2008, f. & cert. ef. 1-28-08
Suspended by OHCS 11-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 1-2008, f. & cert. ef. 1-28-08
HSG 1-1997, f. & cert. ef. 4-15-97
HSG 3-1995, f. & cert. ef. 9-25-95
HSG 8-1994, f. & cert. ef. 9-9-94
HSG 3-1993, f. & cert. ef. 8-18-93
HSG 1-1993(Temp), f. & cert. ef. 2-19-93
HSG 10-1992, f. & cert. ef. 11-20-92
HSG 6-1992(Temp), f. & cert. ef. 6-15-92

Or. Admin. R. 813-120-0045 Eligible Activities

(1) The Department may provide funds for the following categories of activities. The Department may restrict the availability of Program funds for each such category at the time it solicits applications.

(2) Homeowner Rehabilitation: For rehabilitation of single-family housing that is the principal residence of a homeowner whose Family is a Low-Income or Very Low-Income Family at the time of commitment of HOME funds. Homeowner rehabilitation programs shall be administered by a State Recipient or a Subrecipient.

(3) Homebuyer Assistance: For acquisition, rehabilitation and/or construction of housing to be owned and occupied by Low- or Very Low-Income Families.

(4) Rental Rehabilitation: For acquisition and/or rehabilitation of existing structures for rental housing affordable to Low- and Very Low-Income Families. The initial and long-term affordability requirements outlined in OAR 813-120-0050 shall apply to rental housing assisted with HOME funds. Rental rehabilitation projects may be sponsored by a State Recipient, Nonprofit Organization, For-Profit Organization, individual or CHDO.

(5) New Construction: For the construction of new rental housing or the acquisition of rental housing which is acquired within one year of the date of the certificate of initial occupancy. New construction Projects may be sponsored by a State Recipient, Nonprofit Organization, For-Profit Organization, individual or CHDO.

(6) Acquisition of vacant land or demolition is an eligible activity only when proposed as a portion of a particular Project intended to provide affordable housing. New Construction of housing is an eligible activity only when the initial certificate of occupancy was issued mor more than one year prior to the Commitment of Program Funds, and is otherwise approved by the Department. Building conversion is considered new construction if one or more untis are being added beyond the existing walls of the structure.

(7) Tenant-Based Rental Assistance: For rental assistance to Low- and Very Low-Income Families.

(8) CHDO Predevelopment and Technical Assistance: Loans for project-specific predevelopment or technical assistance and site control activities performed by CHDOs may be authorized for up to 10 percent of the Program's allocation set-aside for CHDOs, as described in 24 C.F.R. Sec. 92.208, 92.300(e) and (f).

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 456.620
Statutes/Other Implemented: ORS 456.559(1)(f)
Reverted to Renumbered from 813-120-0105 by OHCS 6-2013, f. & cert. ef. 6-21-13
OHCS 11-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
Renumbered from 813-120-0105 by OHCS 6-2013, f. & cert. ef. 6-21-13
Renumbered from 813-120-0030, OHCS 1-2008, f. & cert. ef. 1-28-08
HSG 1-1997, f. & cert. ef. 4-15-97
HSG 8-1994, f. & cert. ef. 9-9-94
HSG 3-1993, f. & cert. ef. 8-18-93
HSG 1-1993(Temp), f. & cert. ef. 2-19-93
HSG 10-1992, f. & cert. ef. 11-20-92
HSG 6-1992(Temp), f. & cert. ef. 6-15-92

Or. Admin. R. 813-120-0047 Distribution and Expenditure of Funds

(1) The Department will follow the allocation strategies as outlined in the Consolidated Plan or its successor the program information described in OAR 813-120-0060 which may distribute funds based on a formula that takes onto account the relative housing needs of regions or other factors, distribute funds on a statewide basis, or may consider some other means of distribution.

(2) As opportunities arise, the Department may use HOME funds for the demonstration and development of new activities.

(3) The Department shall use its best efforts to make commitments for Projects under the State's HOME allocation for a fiscal year within two years after the month in which that allocation is approved by HUD. All HOME funds committed to a Project under the State's HOME allocation for a fiscal year shall be expended within five years after the month in which the HOME allocation for that fiscal year is approved by HUD.

(4) A Recipient shall begin expenditure of its HOME funds within six months of the date the HOME Agreement between the Recipient and the Department is executed. The Department may, in its sole discretion, permit extension(s) upon submission by the Recipient of documentation acceptable to the Department.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 456.620
Statutes/Other Implemented: ORS 456.559(1)(f)
Reverted to Renumbered from 813-120-0070 by OHCS 6-2013, f. & cert. ef. 6-21-13
OHCS 11-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
Renumbered from 813-120-0070 by OHCS 6-2013, f. & cert. ef. 6-21-13
OHCS 1-2008, f. & cert. ef. 1-28-08
HSG 1-1997, f. & cert. ef. 4-15-97
HSG 3-1995, f. & cert. ef. 9-25-95
HSG 8-1994, f. & cert. ef. 9-9-94
HSG 3-1993, f. & cert. ef. 8-18-93
HSG 1-1993(Temp), f. & cert. ef. 2-19-93
HSG 10-1992, f. & cert. ef. 11-20-92
HSG 6-1992(Temp), f. & cert. ef. 6-15-92

Or. Admin. R. 813-120-0050 HOME Affordability Requirements

HOME affordability requirements vary according to the amount of HOME funds invested and the activity involved. The Department may choose to include one or all of the activities in its Program. Affordability is defined as follows:

(1) For HOME assisted units in rental housing Projects:

(a) Initial and continuing contract rents shall not exceed the lesser of the HUD periodically determined fair market rent (FMR) for comparable-sized units in the area, or a contract rent that does not exceed 30 percent of Adjusted Income of a Family whose income is 65 percent of the area median income as determined by HUD, adjusted for the number of bedrooms in the unit;

(b) If the Project contains five or more HOME-assisted units, a minimum of 20 percent of the HOME-assisted units shall be occupied by Very Low-Income Families

(A) paying no more than 30 percent of Adjusted Income for rent, or

(B) having contract rents not greater than 30 percent of gross annual income of a Family whose income equals 50 percent of area median income, as determined by HUD and adjusted for family size, but under no circumstances shall rents described in (ii) exceed the limits identified in (a) above;

(d) The Project does not refuse leasing HOME-assisted units to a Family participating in the HUD Section 8 rental certificate or voucher program or HOME Tenant-Based Rental Assistance under OAR 813, division 120; and

(e) The HOME assisted units of a Project shall remain affordable after Project Completion, enforced by deed restrictions or covenants running with the land, for periods not less than the following based on the amount of HOME assistance per unit regardless of loan or other mortgage terms or ownership transfer:

(A) For rehabilitation and/or acquisition of existing housing per unit amount of HOME funds: Under $15,000 — 5 years; $15,000 to $40,000 — 10 years; over $40,000 — 15 years.

(B) For acquisition of newly-constructed housing which is acquired within one year of the date of the certificate of initial occupancy, or for new construction, the Project must remain affordable for 20 years.

(C) The affordability restrictions may terminate upon foreclosure or other transfer in lieu of foreclosure. If at any time following transfer by foreclosure or transfer in lieu of foreclosure, but if during the term of the affordability period, the owner of record prior to the foreclosure or transfer in lieu of foreclosure, or any entity that includes the former owner or those with whom the former owner has or has had family or business ties, obtains an ownership interest in the Project or property, the affordability restrictions shall be revived according to the original terms.

(2) For homebuyer assistance for acquisition (with or without rehabilitation) of existing housing, such housing:

(a) (For new construction) has an initial purchase price that does not exceed 95 percent of the median purchase price for the type of single-family housing for the area, as determined pursuant to 24 C.F.R. § 94.254(a)(iii), or (for acquisition with rehabilitation) has an estimated value after rehabilitation that does not exceed 95 percent of the median purchase price for the area for the type of single-family housing, as determined pursuant to 24 C.F.R. § 94.254(a)(iii);

(b) Shall, during the affordability period, be the principal residence of an owner whose Family qualifies as a Low-Income Family at the time of purchase; and

(c) Is subject to resale restriction or recapture provisions pursuant to 24 C.F.R. § 92.254, from Project Completion for minimum periods based upon the amount of HOME assistance provided: Less than $15,000 — 5 years; $15,000 to $40,000 — 10 years; over $40,000 — 15 years.

(3) For homeowner rehabilitation Projects without acquisition:

(a) The housing is the principal residence of an owner whose Family qualifies as a Low-Income Family at the time HOME funds are committed to that housing; and

(b) The after-rehabilitation estimated value of the property shall not exceed 95 percent of the median purchase price for the area for the type of single-family housing as determined pursuant to 24 C.F.R. § 94.254(a)(iii).

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 456.620
Statutes/Other Implemented: ORS 456.559(1)(f)
Reverted to OHCS 1-2008, f. & cert. ef. 1-28-08
OHCS 11-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 1-2008, f. & cert. ef. 1-28-08
HSG 1-1997, f. & cert. ef. 4-15-97
HSG 3-1995, f. & cert. ef. 9-25-95
HSG 8-1994, f. & cert. ef. 9-9-94
HSG 3-1993, f. & cert. ef. 8-18-93
HSG 1-1993(Temp), f. & cert. ef. 2-19-93
HSG 10-1992, f. & cert. ef. 11-20-92
HSG 6-1992(Temp), f. & cert. ef. 6-15-92

Or. Admin. R. 813-120-0060 Program Information

(1) The Department has adopted guidelines for the HOME Program regarding application procedures, Project eligibility, Project selection criteria, forms of financial assistance available, and other applicable information. Program guidelines are published in the Program's application materials.

(2) The guidelines described in OAR 813-120-0060(1) are hereby adopted by reference.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 456.620
Statutes/Other Implemented: ORS 456.559(1)(f)
Reverted to OHCS 1-2008, f. & cert. ef. 1-28-08
Suspended by OHCS 11-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 1-2008, f. & cert. ef. 1-28-08
HSG 1-1997, f. & cert. ef. 4-15-97
HSG 3-1995, f. & cert. ef. 9-25-95
HSG 8-1994, f. & cert. ef. 9-9-94
HSG 3-1993, f. & cert. ef. 8-18-93
HSG 1-1993(Temp), f. & cert. ef. 2-19-93
HSG 10-1992, f. & cert. ef. 11-20-92
HSG 6-1992(Temp), f. & cert. ef. 6-15-92

Or. Admin. R. 813-120-0110 General Administrative and Monitoring Requirements

(1) The following general administrative and reporting requirements apply under the HOME Program:

(a) The requirements of 24 CFR Parts 44,45 and 85 apply to State Recipients and Subrecipients, and the requirements of OMB Circular A-87 and 24 CFR 85.6, 85.12, 85.20, 85.22, 85.26, 85.34, 85.36, 85.44, 85.51 and 85.52 apply to State Recipients and any governmental Subrecipients receiving HOME finds.

(b) The requirements of OMB Circular A-122 and 24 CFR 84.2, 84.5, 84.13–16, 84.21, 84.22, 84.26–84.28, 84.30, 84.31, 84.34–85.37, 84.40-84.48, 84.51, 84.60-84.62, 84.72 and 84.73 apply to Subrecipients receiving HOME funds that are non-governmental Nonprofit Organizations.

(c) Each Recipient shall submit periodic performance reports as required by the Department, and at the end of the term of its HOME Agreement a Recipient shall submit a summary performance report in form and detail as prescribed by the Department. Such reports shall include those items described in 24 C.F.R. § 92.508.

(d) Financial records, supporting documents and all other pertinent records (including but not limited to records related to Program activities and HOME assisted Projects) shall be retained by State Recipients, Subrecipients and Recipients for the applicable five year period as described in 24 C.F.R. § 92.508, or after any litigation or audit claim is resolved, whichever is later. Representatives of the Department, HUD, the Comptroller General of the United States, the General Accounting Office, and Oregon Secretary of State shall have access to all books, accounts, documents, records and other property belonging to or in use by State Recipients, Subrecipients, and Recipients that pertain to the receipt of HOME funds.

(2) The Department may perform such reviews and field inspections as it deems necessary or appropriate to ensure Program compliance. If the Department determines that a State Recipient, Subrecipient or Recipient has not complied with the requirements of the Program (including but not limited to its agreements with the Department), the Department may require remedial actions be taken or impose sanctions, as described in OAR 813-120-0120 and 813-120-0130.

History

Statutory/Other Authority: ORS 456.620
Statutes/Other Implemented: ORS 456.559(1)(f)
Reverted to OHCS 1-2008, f. & cert. ef. 1-28-08
OHCS 11-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 1-2008, f. & cert. ef. 1-28-08
HSG 1-1997, f. & cert. ef. 4-15-97
HSG 3-1995, f. & cert. ef. 9-25-95
HSG 3-1993, f. & cert. ef. 8-18-93
HSG 1-1993(Temp), f. & cert. ef. 2-19-93
HSG 10-1992, f. & cert. ef. 11-20-92
HSG 6-1992(Temp), f. & cert. ef. 6-15-92

Or. Admin. R. 813-120-0120 Remedies for Noncompliance

(1) At any time before expiration of the affordability requirements contained in OAR 813-120-0050 that are applicable to a Recipient, the Department may, for cause, find that the Recipient is not in compliance with the requirements of the Program. Remedies for noncompliance may include penalties set forth in 813-120-0130. The Department may make findings of noncompliance for reasons that include, but are not limited to, use of funds by the Recipient for activities not approved in the Recipient’s HOME Agreement, the Recipient’s failure to complete activities contemplated by such Agreement in a timely manner, the Recipient’s failure to comply with all applicable rules or regulations, or the lack of a continued capacity by the Recipient to carry out the approved activities.

(2) If the Recipient’s HOME Agreement terminates prior to Project Completion, the Recipient shall repay to the Department’s HOME Investment Trust Fund Account all HOME funds disbursed to the Recipient by the Department for the Project. Repayment of HOME funds to the Department’s HOME Investment Trust Fund Account shall not relieve the Recipient of its obligation to keep the Project affordable for the HOME period of affordability set forth in its Home Agreement with the Department.

History

Statutory/Other Authority: ORS 456.620
Statutes/Other Implemented: ORS 456.559(1)(f)
Reverted to OHCS 1-2008, f. & cert. ef. 1-28-08
OHCS 11-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 1-2008, f. & cert. ef. 1-28-08
HSG 3-1993, f. & cert. ef. 8-18-93
HSG 1-1993(Temp), f. & cert. ef. 2-19-93
HSG 10-1992, f. & cert. ef. 11-20-92
HSG 6-1992(Temp), f. & cert. ef. 6-15-92

Or. Admin. R. 813-120-0130 Sanctions

(1) The Department may invoke sanctions against a State Recipient, Subrecipient or Recipient that fails to comply with its HOME Agreement. Sanctions will not be imposed by the Department until the State Recipient, Subrecipient or Recipient has been notified in writing of its deficiencies and has been given an opportunity to respond and correct the deficiencies noted. Below is an illustrative (but not comprehensive) list of circumstances that may warrant sanctions:

(a) The Recipient has not commenced any of the Project activities within six months after its Project award;

(b) The Recipient has not entered into the necessary third party agreements related to the Project within ninety (90) days of its Project award;

(d) The Department finds that significant corrective action is necessary to protect the integrity of the Project funds, and are not being made or will not be made by the Recipient within a reasonable time.

(2) Sanctions imposed by the Department may include but are not limited to one or more of the following:

(a) Bar a the State Recipient, Subrecipient or Recipient, as the case may be, from applying for future HOME funding;

(b) Revoke an existing HOME award;

(d) Require the State Recipient, Subrecipient or Recipient, as the case may be, to return unexpended HOME funds;

(e) Require the State Recipient, Subrecipient or Recipient, as the case may be, to repay expended HOME funds; and

(f) Other remedies that may be provided in the HOME agreement.

(3) The remedies set forth in this OAR 813-120-0130 are cumulative and not exclusive and are in addition to any other rights and remedies provided by law or under the HOME agreement.

(4) A State Recipient, Subrecipient or Recipient shall take all action necessary to enforce the terms of the its agreement against any third party that fails to comply with its agreement with the State Recipient, Subrecipient or Recipient, respectively, and shall recover on behalf of the Department any costs, expenses, and damages that may arise as the result of the breach of such agreement by such breaching third party. The Recipient, by its execution of its HOME Agreement with the Department (whether or not that Agreement expressly so states) acknowledges and agrees that the Department has the unrestricted right (but not the obligation) to enforce the terms of any agreement the Recipient has with a third party regarding the Program or Project or to recover any sums that may become due as the result of a breach of such agreement.

History

Statutory/Other Authority: ORS 456.620
Statutes/Other Implemented: ORS 456.559(1)(f)
Reverted to OHCS 1-2008, f. & cert. ef. 1-28-08
OHCS 11-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 1-2008, f. & cert. ef. 1-28-08
HSG 1-1997, f. & cert. ef. 4-15-97
HSG 3-1993, f. & cert. ef. 8-18-93
HSG 1-1993(Temp), f. & cert. ef. 2-19-93
HSG 10-1992, f. & cert. ef. 11-20-92
HSG 6-1992(Temp), f. & cert. ef. 6-15-92

Or. Admin. R. 813-120-0140 Request for Reconsideration; Waiver

(1) An Applicant may, in writing, request the Director reconsider the Department’s funding decision. The Applicant’s request shall be filed with the office of the Director within 30 days of the Department’s funding decision and shall state with particularity the basis for reconsideration. The Director may require additional information from the Applicant and shall consider a request which complies with the requirements of this OAR 813-120-0140. The Director's decision regarding such request is final.

(2) The Director may waive or modify any non-statutory requirements of HOME unless such waiver or modification would violate any applicable federal or state statutes or regulations.

History

Statutory/Other Authority: ORS 456.620
Statutes/Other Implemented: ORS 456.559(1)(f)
Reverted to OHCS 1-2008, f. & cert. ef. 1-28-08
Suspended by OHCS 11-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 1-2008, f. & cert. ef. 1-28-08
HSG 3-1993, f. & cert. ef. 8-18-93
HSG 1-1993(Temp), f. & cert. ef. 2-19-93
HSG 10-1992, f. & cert. ef. 11-20-92
HSG 6-1992(Temp), f. & cert. ef. 6-15-92

Division 125 CO-LOCATION OF AFFORDABLE RENTAL HOUSING AND EARLY CARE AND EDUCATION (CARE)

Or. Admin. R. 813-125-0006 Purpose and Objectives

OAR chapter 813, division 125 is established to enact the Co-Location of Affordable Rental Housing and Early Care and Education (CARE) as requested through a budget note in House Bill 5011 (2021). CARE is also subject to the Department’s general rules, including but not limited to OAR chapter 813, division 5, and subject to the Department’s general procedures for public contracts and procurements found in OAR chapter 813, division 6. The purpose of CARE is to provide additional supportive services to low-income housing residents by increasing the availability of childcare and early learning. This program helps to accomplish this by incenting the incorporation of early learning facilities into affordable housing developments or by helping to renovate affordable housing homes and facilities to allow for childcare or additional childcare in the home. Co-locating early learning centers in affordable housing developments is a cross discipline activity. It requires combining affordable housing development and administration with early learning operations and their regulatory requirements. OHCS may determine that third party administration of this program is most advantageous.

History

Statutory/Other Authority: ORS 456.555 & ORS 456.502
Statutes/Other Implemented: ORS 456.555 & ORS 456.502
OHCS 33-2023, adopt filed 12/27/2023, effective 12/29/2023

Or. Admin. R. 813-125-0011 Definitions

Terms used throughout OAR chapter 813, division 125 may be defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions except as defined below:

(1) “Affordable Housing” means housing that is affordable to households with incomes less than or equal to 80 percent of the area median income for the county in which the housing is located.

(2) “Co-Location” means facilitating the development, placement or enhancement of childcare facilities within or on the grounds of affordable housing developments.

(3) “Community Development Finance Institution (CDFI)” means a federally designated financial institution with a primary mission of community development, which provides financial products and/or services in low-income communities and to people who lack access to financing. CDFI’s are certified by the U.S. Department of Treasury and include requirements that at least 60 percent of their financing activities be targeted to one or more low income populations or underserved communities.

(4) “Department” means the Housing and Community Services Department for the State of Oregon.

(5) “Early Care & Education (ECE) Facility” means any of the following child care types as described by the Oregon Department of Education:

(a) Regulated Subsidy Provider

(b) Registered Family Child Care

(d) Certified Child Care Center

(6) “Early Care & Education (ECE) Development” means new construction, development, rehabilitation, improvements, retrofitting, or remodeling (including approved tenant improvements) to allow for or enhance ECE opportunities.

(7) “Early Care & Education (ECE) Operators/Provider” means any of the following entities and their staff:

(a) A child care facility that is required to be certified under ORS 329A.280 or a provider that is required to be registered under ORS 329A.330;

(b) Any program receiving state public funding for early childhood care and education services:

(d) Providers of the Oregon prekindergarten program described in ORS 329.175

(e) Providers of the infant and toddler care program described in ORS 417.784; and

(f) Providers of the Relief Nursery program described in ORS.788

(g) Providers of the Preschool for All Multnomah County Program or any locally approved pre-education program.

(8) "Early Care & Education (ECE) Preservation" means activities that support the retention of current ECE slots. This can include, but is not limited to activities to bring current facilities up to code, or any other intervention that can be reasonably determined that without the intervention would otherwise result in a reduction or total loss of ECE slots.

(9) “Regulated Affordable Housing” means a residential unit or units subject to a regulatory agreement that runs with the land and that requires affordability for an established income level for a defined period of time.

(10) “Third Party Administrator” means a (CDFI) selected using the "Third Party Selection Criteria."

History

Statutory/Other Authority: ORS 456.555 & ORS 456.502
Statutes/Other Implemented: ORS 456.555 & ORS 456.502
OHCS 33-2023, adopt filed 12/27/2023, effective 12/29/2023

Or. Admin. R. 813-125-0016 Availability and Source of CARE Funds

(1) CARE funds were authorized through the Oregon Emergency Board in 2022 after a program framework was provided and approved by that body. CARE funds, at the discretion of the Department, may be administered internally or in partnership with other state departments, or may be granted to a third-party administrator for the purpose of fund management and administration of the program. The CARE fund administrator is responsible for the following:

(a) Outreach

(b) Technical assistance

(d) Fund management

(e) Pipeline monitoring, tracking and management

(f) Program design

(g) Fund deployment

(h) Impact analysis

(2) Though the Co-Location program is being established through the initial funding distribution provided by the Oregon Emergency Board (2022), OHCS may utilize program rules and any established frameworks for additional resources as policy alignment or amended rules allow.

History

Statutory/Other Authority: ORS 456.502 & ORS 456.555
Statutes/Other Implemented: ORS 456.502 & ORS 456.555
OHCS 33-2023, adopt filed 12/27/2023, effective 12/29/2023

Or. Admin. R. 813-125-0021 Eligibility for CARE Resources

The Department, individually, in partnership with other state agencies, or through a Third Party Administrator will distribute CARE resources for the Co-Location of affordable housing and early learning and care centers. Funds will be distributed utilizing a Department approved method involving either a competitive or a first come first served process with eligibility criteria. Eligibility criteria include but is not limited to:

(1) Project viability criteria – reasonable expectation that the ECE provider will remain a provider for at least 10 additional years.

(2) Project is co-located or to be co-located with Regulated Affordable Housing.

(3) The project is located within the State of Oregon.

(4) The project will result in the creation of additional ECE slots or preservation of existing slots that would otherwise be lost in the community.

(5) The assistance to construct, develop, rehabilitate, improve, retrofit, or remodel (including approved tenant improvements) is to incent the Co-location or continued Co-Location of an ECE Facility as defined in 813-125-0010.

History

Statutory/Other Authority: ORS 456.502 & ORS 456.555
Statutes/Other Implemented: ORS 456.502 & ORS 456.555
OHCS 33-2023, adopt filed 12/27/2023, effective 12/29/2023

Or. Admin. R. 813-125-0026 Third Party Administrator Selection Criteria

If the Department determines that a Third Party Administrator is in the best interest of the State of Oregon, the following criteria may be included as part of the selection process:

(1) The Administrator meets the definition of a Third Party Administrator found in 813-125-0010.

(2) The Third Party Administrator has the ability to provide the services throughout the State of Oregon.

(3) The Third Party Administrator has experience in providing financial products for Co-Location, including loans, grants, and other financial incentives, fund management, and expertise in child care and housing development.

(4) The Third Party Administrator have experience in leveraging funds, particularly with philanthropic organizations.

(5) The Third Party Administrator has experience in assuring that funds provide benefits to families and business that are historically underserved by public dollars and/or traditional financial institutions.

(6) The Third Party Administrator presents a plan that is efficient in utilizing public dollars but also targets the communities most in need of ECE services.

History

Statutory/Other Authority: ORS 456.502 & ORS 456.555
Statutes/Other Implemented: ORS 456.502 & ORS 456.555
OHCS 33-2023, adopt filed 12/27/2023, effective 12/29/2023

Or. Admin. R. 813-125-0031 Program Criteria

The Department may establish or utilize a Third Party Administrator to develop program criteria that results in additional ECE slots through the use of Co-Location. Encouraging Co-Location of ECE Facilities within or on the grounds of affordable housing provides a benefit to the families within the affordable housing development and the community at large. Regardless of the administrator, program criteria shall address the following:

(1) Geographic equity and statewide resource availability

(2) Programmatic pathways establishing:

(a) Various program designs to most efficiently and effectively meet the variety of provider needs,

(b) When funds are granted or loaned,

(d) Interest rates and other loan terms where applicable,

(e) Award caps for each program design,

(f) Intended uses and criteria for each pathway,

(g) Application and award processes,

(h) Equity and Racial Justice considerations,

(i) Availability of technical assistance and the parameters of this support,

(j) Program oversight,

(k) Compliance terms and,

(l) Reporting.

History

Statutory/Other Authority: ORS 456.502 & ORS 456.555
Statutes/Other Implemented: ORS 456.502 & ORS 456.555
OHCS 33-2023, adopt filed 12/27/2023, effective 12/29/2023

Or. Admin. R. 813-125-0036 Program Continuation

(1) The CARE program includes capital resources in the form of grants, loans and other financial incentives or assistance, depending largely upon individual project need. Loans must include loan terms and interest rates though interest rates shall be established at rates below market levels, to be evaluated annually. Funds returned through this process shall be reused by the program during the term of agreement established through a contract with a Third Party Administrator, or until such time that the Department determines the program is no longer effective or funding is inadequate. At the time the program ends any unused or uncommitted funds must be returned from any third party provider, not including any agreed administrative expenses.

(2) The CARE program may be recapitalized from time to time by the Oregon Legislature. In these instances, additional funds are to be combined with any active and recycled funds as set forth in Program Criteria design (813-037-0030) and utilized in established pathways.

History

Statutory/Other Authority: ORS 456.502 & ORS 456.555
Statutes/Other Implemented: ORS 456.502 & ORS 456.555
OHCS 33-2023, adopt filed 12/27/2023, effective 12/29/2023

Or. Admin. R. 813-125-0041 Program Oversight

(1) The Department requires information from project awardees on an annual basis from the date of the origination of a loan, grant, or other financial incentive until the shorter of the end of the award agreement or termination of the program.

(2) Report information should include but is not limited to the following:

(a) Number of families enrolled from the affordable housing project

(b) Staffing demographics, where possible

(d) Marketing information

(e) Total enrollment vs. capacity

(f) Enrollment costs

(3) Information review shall be done at least annually and in cooperation with the DOE Early Learning Division (ELD). The Department and ELD may choose to establish a CARE Review Committee to help evaluate the effectiveness, efficiency and best practices of the CARE program. If established, at a minimum this committee should include members from the Department, ELD, ECE providers, affordable housing developers of Co-Located projects, affordable housing managers of Co-Located Projects, and ECE Providers of Co-Located projects.

History

Statutory/Other Authority: ORS 456.502 & ORS 456.555
Statutes/Other Implemented: ORS 456.502 & ORS 456.555
OHCS 33-2023, adopt filed 12/27/2023, effective 12/29/2023

Or. Admin. R. 813-125-0046 Third Party Administrator Oversight

In cooperation and collaboration with the DOE Early Learning Division, the Department will provide oversight to a Third Party Administrator if one is determined to be in the best interest of the program. Oversight may be established through a cooperative review process or may be done through the establishment of a CARE Review Committee that includes stakeholders as outlined in 813-125-0040. Joint reviews shall be done at least annually and may be more often if determined appropriate. The Department shall establish report criteria for the Third Party Administrator that includes, at a minimum, the information outlined in 813-125-0040.

History

Statutory/Other Authority: ORS 456.502 & ORS 456.555
Statutes/Other Implemented: ORS 456.502 & ORS 456.555
OHCS 33-2023, adopt filed 12/27/2023, effective 12/29/2023

Or. Admin. R. 813-125-0051 Third Party Administrator Fees & Changes

In the event of a Third Party Administrator, the Department may establish a longer term contract and the Third Party Administrator may establish a loan fee structure for loans delivered under a lon-term contract with the Department. The Department may engage in a long term contract with targeted performance outcomes allowing for contract termination earlier if necessary. However, if performing, a long term contract is preferred due to the high front end costs and the long term capital needs of ECE providers and affordable housing developers, the Third Party Administrator may establish a loan fee structure and an application fee to support the ongoing administration of loans delivered under the CARE program.

History

Statutory/Other Authority: ORS 456.502 & ORS 456.555
Statutes/Other Implemented: ORS 456.502 & ORS 456.555
OHCS 33-2023, adopt filed 12/27/2023, effective 12/29/2023

Division 130 HELP PROGRAM

Or. Admin. R. 813-130-0000 Purpose and Objectives

OAR chapter 813, division 130, is promulgated to carry out the provisions of the HELP Program. The department receives HELP funds from the U.S. Department of Housing and Urban Development (HUD) under Section 1012 of the Steward B. McKinney Homeless Assistance Act ("the McKinney Act") of 1988. The HELP program is funded by monies realized from the HUD-authorized refunding of existing bonds issued by the department, the proceeds of which were originally used to finance housing projects, pursuant to an agreement between the department and HUD under HUD's Financing Adjustment Factor (FAF) program. Under the FAF program, HUD shares such monies realized from these refundings on an equal basis with bond issuers such as the department, and attaches certain restrictions and requirements upon the use of funds realized from such refunding. The HELP program's purpose is to provide financial assistance for the construction, acquisition and/or rehabilitation of multifamily rental housing for individuals and families of very low income in order to expand the supply of affordable, decent, safe and sanitary housing in Oregon. Additional program policies and instructions are outlined in the HELP Program Policies and Guidelines Manual dated June 21, 2013 (the “HELP Manual” or “Manual”), incorporated herein by reference. The Manual may be accessed online on the department’s website.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555, 456.559 & 456.625
OHCS 21-2013, f. & cert. ef. 12-18-13
OHCS 15-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 11-2007, f. & cert. ef. 1-11-07
OHCS 12-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
HSG 4-1994, f. & cert. ef. 8-1-94
HSG 6-1993(Temp), f. & cert. ef. 10-1-93

Or. Admin. R. 813-130-0010 Definitions

Certain terms used in OAR chapter 813, division 130, are defined in the Act, 813-005-0005, and herein. Other terms may be identified in the text of this division (including by incorporation), otherwise in chapter 813, or applicable law. As used in OAR chapter 813, division 130, unless the context indicates otherwise:

(1) "Affordability period" means the period during which a project assisted with HELP funds must remain affordable to very low income residents, which period shall be at least 10 years from the date of the use agreement executed in favor of the department.

(2) "Annual household income" means the anticipated total income from all sources received by the family head and by each additional member of the family of 18 years of age and over, including all net income derived from assets for the twelve-month period following the effective date of certification of income, in accordance with HUD regulations, 24 CFR 813.

(3) "Applicant" means an applicant for HELP funds.

(4) "Household" means one or more persons occupying a housing unit.

(5) "HUD" means the U.S. Department of Housing and Urban Development.

(6) "Low income" means annual household income that does not exceed 80 percent of the median household income for the area, as determined by HUD, with allowances for family size.

(7) "Nonprofit organization" means:

(a) An organization that has obtained tax-exempt status under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and is established under the provisions of ORS Chapter 65,

(b) A community development corporation as defined in ORS 458.210,

(d) A community action agency established pursuant to the federal Economic Opportunity Act of 1964, which meets the requirements of ORS 458.505(4), or

(e) Other nonprofit entity satisfactory to the department and representing or seeking to serve the housing, human services and community economic revitalization needs of a clearly-defined population and area.

(8) "Program" means the HELP program.

(9) “Project” means a multifamily rental housing development assisted or to be assisted, in part, with HELP program funds.

(10) "Recipient" means a recipient of HELP funds to be used for project assistance.

(11) "Use agreement" means the Financing Adjustment Factor Savings Funds Use Agreement between a recipient and the department.

(12) "Very low income" means annual household income that does not exceed 50 percent of the median household income for the area, as determined by HUD, with allowances for family size.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555, 456.559 & 456.625
OHCS 21-2013, f. & cert. ef. 12-18-13
OHCS 15-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 11-2007, f. & cert. ef. 1-11-07
OHCS 12-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
HSG 4-1994, f. & cert. ef. 8-1-94
HSG 6-1993(Temp), f. & cert. ef. 10-1-93

Or. Admin. R. 813-130-0020 Eligible Applicants for HELP Funds

Eligible recipients for HELP funds include units of general local government and nonprofit organizations that propose to construct, acquire and/or rehabilitate projects with rental housing units for very low income tenants.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555, 456.559 & 456.625
OHCS 21-2013, f. & cert. ef. 12-18-13
OHCS 15-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 11-2007, f. & cert. ef. 1-11-07
OHCS 12-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
HSG 4-1994, f. & cert. ef. 8-1-94
HSG 6-1993(Temp), f. & cert. ef. 10-1-93

Or. Admin. R. 813-130-0030 Eligible Activities for HELP Funds

HELP funds provided by the department shall be used for the construction, acquisition and/or rehabilitation of projects with rental housing units for very low income tenants.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555, 456.559 & 456.625
OHCS 21-2013, f. & cert. ef. 12-18-13
OHCS 15-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 11-2007, f. & cert. ef. 1-11-07
OHCS 12-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
HSG 4-1994, f. & cert. ef. 8-1-94
HSG 6-1993(Temp), f. & cert. ef. 10-1-93

Or. Admin. R. 813-130-0040 Eligible Costs for HELP Funds

Project costs eligible for HELP assistance are costs that promote housing affordability and include, but are not limited to:

(1) Development hard costs, such as the actual costs of constructing or rehabilitating rental housing;

(2) Costs of acquiring improved or unimproved real property;

(3) Pre-development costs which have been pre-approved by the department;

(4) Soft development costs associated with the construction, acquisition, or rehabilitation, including fees and interest studies; and

(5) Other uses identified in the HELP manual.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555, 456.559 & 456.625
OHCS 21-2013, f. & cert. ef. 12-18-13
OHCS 15-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 11-2007, f. & cert. ef. 1-11-07
OHCS 12-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
HSG 4-1994, f. & cert. ef. 8-1-94
HSG 6-1993(Temp), f. & cert. ef. 10-1-93

Or. Admin. R. 813-130-0050 HELP Affordability Requirements

(1) A use agreement executed by the department and a recipient shall include covenants and restrictions running with land (that will be binding upon the recipient and any successors in title to the project) that require such project to remain affordable to very low income residents during the affordability period.

(2) Use agreements, inter alia, will require recipients or other project owners to obtain resident income certifications at the time of initial occupancy of the HELP-assisted units and on an annual basis thereafter during the affordability period to document to the department that units assisted with HELP funds continue to serve very low income tenants.

(3) Use agreements, inter alia, may provide that a tenant household with very low income at the time of initial occupancy will remain eligible despite the rise of household income and will not be displaced by reason of ceasing to qualify as a very low income family or person if the owner exercises reasonable efforts to lease the next available similar unit in the project to a family or person of very low income.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555, 456.559 & 456.625
OHCS 21-2013, f. & cert. ef. 12-18-13
OHCS 15-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 11-2007, f. & cert. ef. 1-11-07
OHCS 12-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
HSG 4-1994, f. & cert. ef. 8-1-94
HSG 6-1993(Temp), f. & cert. ef. 10-1-93

Or. Admin. R. 813-130-0060 Program Requirements

The department has developed policies and guidelines for the HELP program, which supplement division 120 and 24 CFR 813. These policies and guidelines are contained in the HELP manual and further address application procedures, project eligibility, project selection criteria, financial assistance available, and other applicable information. Other applicable chapter 813 rules, department directives, and the terms of required funding documents also apply.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555, 456.559 & 456.625
OHCS 21-2013, f. & cert. ef. 12-18-13
OHCS 15-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 11-2007, f. & cert. ef. 1-11-07
OHCS 12-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
HSG 4-1994, f. & cert. ef. 8-1-94
HSG 6-1993(Temp), f. & cert. ef. 10-1-93

Or. Admin. R. 813-130-0070 Distribution of Funds

The department may distribute HELP funds consistent with OAR chapter 813 and pursuant to relevant solicitation documents including, but not limited to a Notice of Funding Availability (“NOFA”) or as otherwise determined by the department.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555, 456.559 & 456.625
OHCS 21-2013, f. & cert. ef. 12-18-13
OHCS 15-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 11-2007, f. & cert. ef. 1-11-07
OHCS 12-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
HSG 4-1994, f. & cert. ef. 8-1-94
HSG 6-1993(Temp), f. & cert. ef. 10-1-93

Or. Admin. R. 813-130-0080 Application Procedure and Requirements

(1) The process to obtain HELP assistance typically will be spelled out in the solicitation documents issued by the department. In addition to, or in lieu of formal solicitation documents, the department may provide other means for accessing HELP assistance. Additional direction and guidance may be found in the HELP Manual and General Manual.

(2) The department may require payment of a non-refundable application charge from any applicant requesting HELP funds through a formal solicitation or otherwise.

(3) The department may require payment of other charges with respect to its reasonably anticipated costs in processing applications, coordinating programs or with other project participants, providing funding, negotiating documents, monitoring compliance, evaluating and documenting transfers, or otherwise. The department may require payment of a supplemental application charge from applicants requesting additional resources for projects that have already been funded by the department.

(4) The department may refuse to process applications or terminate processing if it determines an application to be incomplete or that it fails to satisfy threshold standards for further processing.

(5) An applicant shall submit to the department, on the application form and in accordance with the application process prescribed by the department, such information as the department may require, including but not limited to:

(a) Name, address and telephone number of applicant;

(b) Type of assistance requested;

(c) A written description of the project, including the number of units, unit mix, proposed rents, site location, amenities, and any other information requested by the department.

(d) A statement of project purpose indicating the housing type and residents to be housed, and the length of the affordability period;

(e) One or more pro formas of project income and expenses;

(f) The amount of funding requested and total project development costs, including a description and documentation of all project funding sources and uses;

(g) A narrative of the applicant's experience in developing affordable housing, including the experience of all members of the project development team;

(h) A narrative of the experience of the applicant's management team or agent as it relates to operating affordable housing projects;

(i) A description of resident services to be provided;

(j) A narrative of the applicant’s experience in providing resident services, including the experience of any relevant project team members;

(k) A description of the applicant's readiness to proceed with project activities; and

(l) A schedule for completion of project activities.

(6) The department may restrict the amount and/or type of assistance available in any solicitation or other provision of assistance and restrict the type or number of applicants or recipients eligible for assistance in a particular funding process.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555, 456.559 & 456.625
OHCS 21-2013, f. & cert. ef. 12-18-13
OHCS 15-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 11-2007, f. & cert. ef. 1-11-07
OHCS 12-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
HSG 4-1994, f. & cert. ef. 8-1-94
HSG 6-1993(Temp), f. & cert. ef. 10-1-93

Or. Admin. R. 813-130-0090 Application Review

(1) An application for assistance from the HELP program is subject to the department’s evaluation and approval or disapproval according to criteria in the solicitation documents or otherwise that may include, but are not limited to the following:

(a) The amount of available funds in the HELP program;

(b) The availability of other sources of assistance;

(d) Whether the project is financially feasible and the financial strength and history of the prospective recipient;

(e) The location of the project site, including its proximity to transportation, shopping, social, commercial and recreational facilities, medical services and such other facilities and services that best serve the residents;

(f) Availability of street, sewer, water, utilities and other public services;

(g) Architectural design, including aesthetic quality, soundness of construction, energy efficiency, and suitability to the needs of the residents to be served;

(h) Whether or not the project will include fee ownership of the real property;

(i) Compliance with applicable local comprehensive plan and land use regulations, housing codes and other applicable standards;

(j) Market demand;

(k) The target population to be served;

(l) The experience of the developer, contractors, architects, consultants and management agent in developing, constructing and operating housing projects;

(m) The department's experience with and the reputation, experience, capacity, legal history and status of the applicant and its agents, representatives, employees and contractors;

(n) Whether the project in comparison to others best achieves the purposes of the HELP program; and

(o) Other factors that the department determines to be relevant including, but not limited to any evaluation criteria in the solicitation documents, HELP Manual, General Manual, or otherwise.

(2) If the department approves an application in whole or in part and if the amount of the HELP assistance or any other department funding approved by the department that was considered by the department in setting the amount of HELP assistance to be provided (“Complementary Funding”) meets or exceeds the threshold amount established in OAR 813-001-0007(1) for review by the Housing Stability Council, the approval of HELP assistance by the department is subject to review and approval by the council of such HELP funding and any such complementary funding. The council may approve, deny, modify or further condition funding subject to its review. Based upon any relevant council determination, including with respect to complementary funding, approval of HELP funding may be deemed revoked, or be modified and further conditioned.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555, 456.559 & 456.625
OHCS 21-2013, f. & cert. ef. 12-18-13
OHCS 15-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 11-2007, f. & cert. ef. 1-11-07
OHCS 12-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
HSG 4-1994, f. & cert. ef. 8-1-94
HSG 6-1993(Temp), f. & cert. ef. 10-1-93

Or. Admin. R. 813-130-0100 Form of Assistance; Documentation

(1) The department may provide HELP funds in the form of a grant or a loan, or a combination of both. Loan rates and terms, if applicable shall be determined by the department based on a project's needs and cash flow, other funding resources, market conditions and an applicant's capacity to repay HELP funds. Preference will be given to those applicants requesting loans that show sufficient project cash flow to repay the loan. The department normally will notify an applicant in a written reservation letter as to the amount and form of HELP assistance, if any, to be provided, together with notable conditions. Such reservation commitments remain subject to department rules, solicitation requirements, applicable law, and the negotiation, execution and recording (if required) of documents satisfactory to the department.

(2) Each recipient shall, inter alia, execute a use agreement, containing such terms regarding fees, interest rates, repayment terms, performance criteria, reporting requirements, restrictive covenants, and other terms as the department or HUD considers appropriate or necessary for the type and use of assistance provided. Each use agreement must be:

(a) (If the recipient owns the project property at the time of disbursement) recorded as an encumbrance on the project property before any HELP funds are advanced; or

(b) If the recipient does not own the project property at the time of disbursement HELP funds, at the discretion of the department, may be placed in escrow in an escrow account established by the recipient satisfactory to the department, and subject to such further conditions as the department may require, including the recording of restrictive covenants running with the project property for the applicable affordability period with appropriate lien priority and taking effect upon close of escrow.

(3) The department may require a recipient to execute and record such documents satisfactory to the department as it considers appropriate in its sole discretion.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555, 456.559 & 456.625
OHCS 21-2013, f. & cert. ef. 12-18-13
OHCS 15-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 11-2007, f. & cert. ef. 1-11-07
OHCS 12-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
HSG 4-1994, f. & cert. ef. 8-1-94
HSG 6-1993(Temp), f. & cert. ef. 10-1-93

Or. Admin. R. 813-130-0110 General Administrative and Monitoring Requirements

(1) The department and HUD may perform such reviews or field inspections, including review and copying of documents, as they deem appropriate, inter alia, to ensure program compliance. Project owners must cooperate reasonably with all reviews and field inspections. The department and HUD may require that a recipient take such remedial actions as they determine to be appropriate.

(2) Financial records, supporting documents, and all other pertinent records shall be retained by a project owner for five years after the project affordability period is complete, or after any litigation or audit claim is resolved, whichever is later. The department, HUD, the Inspector General, the General Accounting Office, the Oregon Secretary of State and their representatives shall have access to all books, accounts, documents, records and other property belonging to or in use by the recipient and project owner that relate to the use of HELP funds.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555, 456.559 & 456.625
OHCS 21-2013, f. & cert. ef. 12-18-13
OHCS 15-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 11-2007, f. & cert. ef. 1-11-07
OHCS 12-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
HSG 4-1994, f. & cert. ef. 8-1-94
HSG 6-1993(Temp), f. & cert. ef. 10-1-93

Or. Admin. R. 813-130-0120 Remedies

(1) If the department determines that there has been any material failure or default with respect to any term, covenant or condition of the solicitation or funding documents, applicable rules, directives, other program requirements, or otherwise, it may exercise any remedy available to it under OAR chapter 813 (including, but not limited to the HELP Manual and General Manual), relevant solicitation or funding documents, or applicable law. Remedies include, but are not limited to corrective orders or directives, rescission, termination of funding, recoupment of HELP funds and other department funding already disbursed with respect to a project — including with applicable interest, recovery for damages, specific performance, injunctive relief, declaratory actions, appointment of a receiver for the project, foreclosure of lien interests, debarment from other department funding, and other remedies available at law.

(2) A material default has occurred, inter alia, if:

(a) The recipient or project owner has not commenced any significant aspect of the project activities within six months after the award of project funding;

(b) The recipient or project owner has not entered into any necessary third party agreement related to the project within ninety (90) days of the award of project funding;

(c) The recipient or project owner has used HELP funds for activities not approved in these rules, solicitation or funding documents, or other HELP program requirements;

(d) The recipient or project owner has not completed activities required by these rules, solicitation or funding documents, or other HELP program requirements in a timely manner;

(e) The recipient or project owner has not complied with any and all affordability, habitability and monitoring compliance obligations required in these rules, solicitation or funding documents, or other HELP program requirements; or

(f) The recipient or project owner lacks continued capacity to carry out any and all obligations under these rules, solicitation or funding documents, or other HELP program requirements.

(3) The remedies set forth in this section are cumulative and not exclusive and are in addition to any other rights and remedies provided in this division, other department rules, the solicitation or funding documents, or otherwise available at law or otherwise. The department may exercise any or all remedies available to it, and in such manner as it, in its sole discretion, determines appropriate.

(4) A recipient or project owner shall take all action necessary to enforce all terms of any agreement with a third party in furtherance of its obligations to the department where such third party materially fails to comply with the terms of such agreement and shall act to recover on behalf of the department any costs, expenses and damages that may arise as a result of the breach of the agreement. The recipient, by its execution of its funding documents with the department regardless of whether the agreement expressly so states, acknowledges and agrees that the department at its sole discretion may:

(a) Enforce the terms of any agreement the recipient has with a third party regarding the program or project; or

(b) Recover any sums that become due as the result of a breach of the agreement.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 21-2013, f. & cert. ef. 12-18-13
OHCS 15-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 11-2007, f. & cert. ef. 1-11-07
OHCS 12-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
HSG 4-1994, f. & cert. ef. 8-1-94
HSG 6-1993(Temp), f. & cert. ef. 10-1-93

Or. Admin. R. 813-130-0150 Transfer of Recipient, Assistance or Ownership; Subordinate Liens; Encumbrances

(1) A recipient of assistance under the HELP program or owner of a project for which such assistance is provided may not transfer or allow any transfer of any interest in itself, the assistance or the project, allow a subordinate lien or otherwise encumber the project, or any portion or interest therein, unless the department first approves the transfer, subordinate lien or encumbrance in writing. Any such transfer is subject the payment to the department of a transfer charge as established by the department. If the recipient effects or allows a transfer, subordinate lien or encumbrance without prior written approval by the department, the transfer, subordinate lien or encumbrance is voidable and remains subject to the approval or disapproval of the department and the recipient or owner responsible for allowing the transfer, subordinate lien or encumbrance and any transferees, jointly and severally, are subject to a charge by the department with respect to its review and treatment of any such event.

(2) The department may condition its approval upon such terms and conditions as it, in its sole discretion, may require. Factors the department may consider in determining whether or not to give approval to a transfer, subordinate lien or encumbrance include, but are not limited to:

(a) The financial investment of the department in the project;

(b) Preservation of existing housing;

(c) The transferee’s ability to maintain and manage the project for the needs of the residents, the integrity of the housing and as security for the assistance;

(d) The effect of the transfer, subordinate lien or encumbrance upon the financial integrity of the project, repayment of the assistance, use of the project for its intended purposes, and continuity of the program; and

(e) Continued compliance with applicable state and federal laws, rules and regulations.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555, 456.559 & 456.625
OHCS 21-2013, f. & cert. ef. 12-18-13
OHCS 15-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
OHCS 11-2007, f. & cert. ef. 1-11-07
OHCS 12-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
HSG 4-1994, f. & cert. ef. 8-1-94
HSG 6-1993(Temp), f. & cert. ef. 10-1-93

Division 135 LOCAL INNOVATION AND FAST TRACK (LIFT)

Or. Admin. R. 813-135-0010 Purpose

The rules of OAR chapter 813, division 135, are promulgated to carry out the provisions and enforce ORS 458.480 through 458.490 These rules implement the Local Innovation and Fast Track (LIFT) Housing Program. The program’s objective is to expand the state’s supply of affordable housing for low-income households. The program will assist and encourage the development of affordable housing units for low-income households through the allocation of proceeds from Article XI-Q General Obligation bonds.

History

Statutory/Other Authority: ORS 456.515 – 456.725 & ORS 458.480-458.490
Statutes/Other Implemented: ORS 456.559(1)(f)
OHCS 17-2022, amend filed 07/29/2022, effective 07/31/2022
OHCS 1-2017, f. & cert. ef. 3-9-17
OHCS 9-2016(Temp), f. & cert. ef. 9-12-16 thru 3-10-17

Or. Admin. R. 813-135-0020 Definitions

Terms used throughout OAR chapter 813, division 135 may be defined in Oregon Revised Statute (ORS or statute), or in the Oregon Housing and Community Services (OHCS) General Definitions (OAR 813-005-0005), or herein. As used in these rules:

(1) “Applicant” means a person or entity that applies for an allocation of LIFT Housing Program resources from OHCS by completing an application provided by OHCS.

(2) "Like-New Market Rate Housing" means housing developed and placed in service recently as unrestricted and unsubsidized housing that requires no rehabilitation to continue to operate as housing, including but not limited to not requiring work for improvements to major systems (electrical, plumbing, HVAC) or structures (roof, elevator, building envelope).

(3) “Local Innovation and Fast Track Housing Program Manuals” or “LIFT Program Manuals” or “Manuals” means the program manual for the Local Innovation and Fast Track program, as described in OAR 813-135-0025. The manuals may be accessed online at OHCS’s website.

(4) “Low Income Households” means households of one or more individuals whose combined incomes are at or below 60 percent of the area median income for rental projects, or at or below 80 percent of the area median income for homeownership projects.

(5) “NOFA” means Notice of Funding Availability.

(6) “Operate” means to have sufficient direct or indirect control of qualified property that reasonably enables the Housing and Community Services Department, in its determination, to ensure the qualified property’s use for the purpose of providing affordable housing under the LIFT Housing Program.

(7) “Operating Agreement” is a legally binding document between OHCS and the proposed project owner whereby the proposed project owner agrees, among other things, to provide and maintain the project and to guarantee its compliance with the requirements of OHCS by executing and recording the Operating Agreement and Declaration of Land Use Restrictive Covenants on the project in return for an allocation of proceeds from Article XI-Q bonds.

(8) "ORCA" means Oregon Centralized Application, which the Affordable Rental Housing Division utilizes to solicit and fund applications.

(9) “Own” means to possess one or more interests in a qualified property that reasonably enables Housing and Community Services Department, in its determination, to ensure the qualified property’s use for the purpose of providing affordable housing under the LIFT Housing Program.

(10) “Project” means a qualified low-income housing project. A project may include one or more buildings and any associated common area and may be located on scattered sites.

(11) “Qualified property” means real or personal property, including infrastructure and indebtedness related to the real or personal property.

History

Statutory/Other Authority: ORS 456.515 – 456.725 & ORS 458.485 - 490
Statutes/Other Implemented: ORS 456.559(1)(f)
OHCS 28-2025, amend filed 06/30/2025, effective 07/01/2025
OHCS 2-2025, temporary amend filed 01/03/2025, effective 01/03/2025 through 07/01/2025
OHCS 1-2025, temporary amend filed 01/03/2025, effective 01/03/2025 through 07/01/2025
OHCS 31-2024, amend filed 08/28/2024, effective 09/02/2024
OHCS 15-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024
OHCS 17-2022, amend filed 07/29/2022, effective 07/31/2022
OHCS 24-2020, minor correction filed 12/31/2020, effective 12/31/2020
OHCS 1-2017, f. & cert. ef. 3-9-17
OHCS 9-2016(Temp), f. & cert. ef. 9-12-16 thru 3-10-17

Or. Admin. R. 813-135-0025 Local Innovation and Fast Track Homeownership Program Manual

(1) The Local Innovation and Fast Track (LIFT) Manual for Homeownership Development dated July 31, 2026, describes the requirements and guidelines for homeownership projects.

(2) The manuals may be accessed online at OHCS’s website.

History

Statutory/Other Authority: ORS 456.515 – 456.725
Statutes/Other Implemented: ORS 458.480-458.490
OHCS 24-2026, amend filed 07/31/2026, effective 08/01/2026
OHCS 3-2026, temporary amend filed 02/02/2026, effective 02/02/2026 through 07/31/2026
OHCS 28-2025, amend filed 06/30/2025, effective 07/01/2025
OHCS 2-2025, temporary amend filed 01/03/2025, effective 01/03/2025 through 07/01/2025
OHCS 1-2025, temporary amend filed 01/03/2025, effective 01/03/2025 through 07/01/2025
OHCS 31-2024, amend filed 08/28/2024, effective 09/02/2024
OHCS 15-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024
OHCS 29-2023, temporary amend filed 10/31/2023, effective 11/04/2023 through 04/17/2024
OHCS 11-2023, temporary amend filed 05/09/2023, effective 05/09/2023 through 11/03/2023
OHCS 17-2022, adopt filed 07/29/2022, effective 07/31/2022

Or. Admin. R. 813-135-0026 Local Innovation and Fast Track Rental Program Manual

(1) The LIFT Rental Program Manual incorporated and adopted as part of this division of administrative rules by reference, dated July 2025, describes the requirements and guidelines for multifamily rental projects.

(2) The manuals may be accessed online at OHCS’s website.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 456.515 - 456.725
Statutes/Other Implemented: ORS 458.480 - 456.490
OHCS 28-2025, adopt filed 06/30/2025, effective 07/01/2025

Or. Admin. R. 813-135-0030 Eligibility

(1) OHCS may use funds available pursuant to Article XI-Q of the Oregon Constitution for the LIFT Housing Program to acquire, construct, remodel, repair, equip, or furnish qualified property that is or will be owned or operated by the State of Oregon for the purpose of providing affordable housing in Oregon for low-income households. Resources may be used for both construction and permanent financing, as applicable and described in the ORCA for rental and NOFA for homeownership. Eligible uses for resources include initial funding or will be described in the LIFT manuals, NOFA, and ORCA documents. Eligible activities to expand affordable housing include:

(a) New Construction.

(b) Conversion of existing non-residential structures to be used for affordable housing.

(A) Where LIFT resources are used for an acquisition where all units may not have income eligible tenants, all LIFT funded units must convert to units affordable to households earning at or below 60% area median income (AMI) within 36 months of acquisition.

(B) LIFT funding will be released over the 36-month conversion period in equal proportion to the conversion of units to affordable households earning at or below 60% AMI.

(2) Ownership interests in real property acquired by OHCS are documented in ORS 458.485(3).

(3) Operational interests by OHCS are allowable as documented in an Operating Agreement approved by the Oregon Department of Justice.

History

Statutory/Other Authority: ORS 456.515 – 456.725
Statutes/Other Implemented: ORS 456.559(1)(f) & ORS 458.480-458.490
OHCS 28-2025, amend filed 06/30/2025, effective 07/01/2025
OHCS 2-2025, temporary amend filed 01/03/2025, effective 01/03/2025 through 07/01/2025
OHCS 1-2025, temporary amend filed 01/03/2025, effective 01/03/2025 through 07/01/2025
OHCS 31-2024, amend filed 08/28/2024, effective 09/02/2024
OHCS 15-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024
OHCS 17-2022, amend filed 07/29/2022, effective 07/31/2022
OHCS 1-2017, f. & cert. ef. 3-9-17
OHCS 9-2016(Temp), f. & cert. ef. 9-12-16 thru 3-10-17

Or. Admin. R. 813-135-0040 Allocation of Bond Proceeds

(1) OHCS may, to the extent of its authority, allocate bond proceeds to projects selected for funding by the Housing Stability Council.

(2) OHCS shall allocate the funds in compliance with the requirements of the Oregon Constitution, Article XI-Q, ORS 456.559(1)(f) and the rules of this division. Applications will be solicited during specified periods within OHCS’s NOFA or ORCA process. OHCS may also select from a pool of qualified applicants, or such other process OHCS deems appropriate. Housing Stability Council may also direct OHCS to use local jurisdiction funding processes to commit funding to projects that otherwise meet programmatic requirements.

(3) OHCS may choose whether to allocate all funds available.

(4) The obligation to repay the LIFT Loan principal shall be satisfied upon repayment in full at maturity. In the alternative, no earlier than one year and no later than three months prior to the designated maturity date, the borrower may elect, such obligation may be:

(a) Satisfied upon the borrower executing (and where OHCS deems necessary, recording) agreements:

(A) Subjecting the qualified property to an additional affordability period that is equal to, or less than, the initial affordability period; and

(B) Ensuring that the equity of the LIFT Loan continues to benefit the qualified project;

(b) Extended beyond the initial maturity date on the condition that:

(A) The affordability requirements (as determined by OHCS) are maintained through the extended maturity date, which shall be a date OHCS sets that extends the term of the LIFT Loan for a period of time that is equal to, or less than, the period of time provided in the initial LIFT Loan term; and

(B) The equity of the LIFT Loan continues to benefit the qualified project. At the request of the borrower, OHCS also may consider a combination of LIFT Loan repayment, affordability preservation, and loan extension in proportion to the previously identified options.

(c) At the request of the borrower, OHCS also may consider a combination of LIFT Loan repayment, affordability preservation, and loan extension in proportion to the previously identified options.

(5) LIFT Loans may be prepaid provided that affordability is ensured in a manner satisfactory to OHCS. Refer to program manuals for more information.

History

Statutory/Other Authority: ORS 456.515 – 456.725
Statutes/Other Implemented: ORS 458.480 - 458.490
OHCS 28-2025, amend filed 06/30/2025, effective 07/01/2025
OHCS 2-2025, temporary amend filed 01/03/2025, effective 01/03/2025 through 07/01/2025
OHCS 1-2025, temporary amend filed 01/03/2025, effective 01/03/2025 through 07/01/2025
OHCS 31-2024, amend filed 08/28/2024, effective 09/02/2024
OHCS 15-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024
OHCS 29-2023, temporary amend filed 10/31/2023, effective 11/04/2023 through 04/17/2024
OHCS 11-2023, temporary amend filed 05/09/2023, effective 05/09/2023 through 11/03/2023
OHCS 17-2022, amend filed 07/29/2022, effective 07/31/2022
OHCS 22-2017, amend filed 12/26/2017, effective 01/05/2018
OHCS 5-2017(Temp), f. & cert. ef. 7-13-17 thru 1-7-18
OHCS 1-2017, f. & cert. ef. 3-9-17
OHCS 9-2016(Temp), f. & cert. ef. 9-12-16 thru 3-10-17

Or. Admin. R. 813-135-0050 Application Requests and Charges

(1) The process of obtaining LIFT funding will be specified in solicitation documents issued by OHCS. Additional direction and guidance can be found in the LIFT Manuals (See OAR 813-135-0025 and 813-135-0026). OHCS may solicit applications for an allocation of LIFT Housing Program bond proceeds from interested parties when such resources are available.

(2) OHCS may require a non-refundable application charge from any applicant requesting an allocation of LIFT Housing Program bond proceeds.

(3) OHCS may charge the project owner reasonable charges for OHCS's costs of monitoring the project owner's compliance with restrictions established by OHCS. These charges can be found on the OHCS website.

(4) OHCS shall evaluate completed Homeownership applications based on a scoring system established by OHCS and set forth in OHCS's Notice of Funding Availability.

(5) OHCS shall evaluate completed Rental applications through the ORCA process.

History

Statutory/Other Authority: ORS 456.515 – 456.725
Statutes/Other Implemented: ORS 458.480 - 458.490
OHCS 28-2025, amend filed 06/30/2025, effective 07/01/2025
OHCS 2-2025, temporary amend filed 01/03/2025, effective 01/03/2025 through 07/01/2025
OHCS 1-2025, temporary amend filed 01/03/2025, effective 01/03/2025 through 07/01/2025
OHCS 31-2024, amend filed 08/28/2024, effective 09/02/2024
OHCS 15-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024
OHCS 17-2022, amend filed 07/29/2022, effective 07/31/2022
OHCS 1-2017, f. & cert. ef. 3-9-17
OHCS 9-2016(Temp), f. & cert. ef. 9-12-16 thru 3-10-17

Or. Admin. R. 813-135-0060 Strategies for Serving Underserved Communities

In order to reach historically underserved communities, all Applicants must include detailed information on how the project will provide service to communities of color, as instructed in the LIFT Manuals (See OAR 813-135-0025 and 813-135-0026).

History

Statutory/Other Authority: ORS 458.485 – 458.490
Statutes/Other Implemented: ORS 456.559(1)(f)
OHCS 28-2025, amend filed 06/30/2025, effective 07/01/2025
OHCS 2-2025, temporary amend filed 01/03/2025, effective 01/03/2025 through 07/01/2025
OHCS 1-2025, temporary amend filed 01/03/2025, effective 01/03/2025 through 07/01/2025
OHCS 17-2022, amend filed 07/29/2022, effective 07/31/2022
OHCS 1-2017, f. & cert. ef. 3-9-17
OHCS 9-2016(Temp), f. & cert. ef. 9-12-16 thru 3-10-17

Division 138 PERMANENT SUPPORTIVE HOUSING (PSH)

Or. Admin. R. 813-138-0000 Purpose and Objective

The rules of OAR chapter 813, division 138, are established to support implementation of Senate Bill (SB) 5505 (2021) (Or Laws 2021, chapter 658, section 1) and SB 5506 (2021) (Or Laws 2021, chapter 659, section 1) relating to funds provided for the creation of a Permanent Supportive Housing Program in the State of Oregon. The objective of the PSH Program is to expand the state's supply of affordable housing designed to serve households experiencing chronic homelessness. Permanent Supportive Housing is a best practice and proven strategy to successfully house people experiencing chronic homelessness. Members of these households often have complex needs including mental illness, substance use, and chronic physical difficulties alongside of their experience of long-term homelessness. The OHCS PSH Program combines three funding elements: development funding for acquisition, construction and rehabilitation of affordable housing, funding for comprehensive tenancy support services, and project-based rental assistance. PSH is a key resource for people who, without support in their tenancy, may not be successful in maintaining stable housing and who, without housing, may not be as successful in utilizing services to achieve and maintain recovery, health, and wellness.

History

Statutory/Other Authority: ORS 456.612, ORS 456.620 & ORS 456.625
Statutes/Other Implemented: SB 5505 (2021), SB 5506 (2021), HB 5005 & HB 5050 (Section 26)
OHCS 26-2024, amend filed 08/27/2024, effective 09/02/2024
OHCS 16-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024
OHCS 6-2023, adopt filed 04/10/2023, effective 04/12/2023

Or. Admin. R. 813-138-0005 Definitions

Terms used in OAR chapter 813, division 138 are defined in Oregon Revised Statute (ORS) or in OAR 813-005-0005 and herein. As used in these rules:

(1) “Applicant” means a person or entity that applies for an allocation of PSH resources from the Department by completing an application provided by the Department.

(2) “Comprehensive Tenancy Support Services” means on-site services provided to Project residents that facilitate housing access, housing retention, and increased wellness and stability. Residents to service staff ratios must meet PSH Program requirements. Baseline services should include:

(a) Assistance with removing housing barriers;

(b) Developing individualized housing support plans with residents that are reviewed and updated annually;

(d) Educating residents on the role, rights, and responsibilities of the resident and landlord, along with support in landlord communication and lease navigation;

(e) Services navigation and linkages to community resources;

(f) Access to culturally responsive and specific services.

(3) “Continuum of Care” means a regional or local planning body that coordinates housing and services funding for families and individuals experiencing homelessness. The group organized to carry out the responsibilities required under 24 CFR part 578 and is composed of representatives of organizations, including nonprofit homeless service providers, victim service providers, faith-based organizations, governments, businesses, advocates, public housing agencies, school districts, social service providers, mental health agencies, hospitals, universities, affordable housing developers, law enforcement, organizations that serve homeless and formerly homeless veterans, and homeless and formally homeless individuals to the extent these groups are represented within the geographic area and are available to participate.

(4) “Coordinated Entry” means a centralized or coordinated process developed to ensure that all people experiencing a housing crisis have fair and equal access and are quickly identified, assessed for, referred to, and connected to housing and assistance based on the person’s strengths and needs, operated by a region’s Continuum of Care.

(5) “Chronically Homeless Households” means households identified as chronically homeless by a Project’s local Continuum of Care. If no definition exists, “chronically homeless households” means:

(a) An individual who:

(A) Is homeless and lives in a place not meant for human habitation, a safe haven, or in an emergency shelter;

(B) Has been homeless and living or residing in a place not meant for human habitation, a safe haven, or in an emergency shelter continuously for at least one year or on at least four separate occasions in the last three years; and

(C) Can be diagnosed with one or more of the following conditions: substance use disorder, serious mental illness, developmental disability (as defined in section 102 of the Developmental Disabilities Assistance Bill of Rights Act of 2000 (42 USC § 15002)), post-traumatic stress disorder, cognitive impairments resulting from brain injury, or chronic physical illness or disability;

(b) An individual who has been residing in an institutional care facility, including a jail, substance abuse or mental health treatment facility, hospital, or other similar facility, for fewer than 90 days and met all of the criteria in paragraph (a) of this definition, before entering that facility; or

(c) A family with an adult head of household, or if there is no adult in the family, a minor head of household, who meets all of the criteria in paragraph (a) of this definition, including a family whose composition has fluctuated while the head of household has been homeless.

(6) “Operated” means to have sufficient direct or indirect control of the Qualified Property that reasonably enables the Department, in its determination, to ensure the Qualified Property’s use for the purpose of providing affordable housing under the PSH Program.

(7) “Owned” means to possess one or more interests in a Qualified Property that reasonably enables the Department, in its determination, to ensure the Qualified Property’s use for the purpose of providing affordable housing under the PSH Program.

(8) “Permanent Supportive Housing” or “PSH” project means a housing or program type that combines a leased unit with Rental Assistance and Comprehensive Tenancy Support Services for persons experiencing chronic homelessness so that they may live independently.

(9) "PSH Standards, Best Practices, and Program Manual" or “PSH Manual” means the PSH program guidelines, dated July 2025, for the Permanent Supportive Housing Program as described in OAR chapter 813. The manual may be accessed online at the Department’s website.

(10) “Project” means a qualified permanent supportive housing development with rental units specifically set aside for the occupancy of a chronically homeless family or individual as approved by the Department. A Project may include one or more buildings and any associated common area and may be located on scattered sites.

(11) “Qualified Property” means real or personal property, including infrastructure and indebtedness related to the real or personal property.

(12) “Rental Assistance” means a rental subsidy that provides the difference between the monthly rental rate and the tenant’s contribution, with contribution rates defined in the Rental Assistance resource.

(13) "Residents" means an approved occupant within a PSH Program.

History

Statutory/Other Authority: ORS 456.612, ORS 456.620 & ORS 456.625
Statutes/Other Implemented: SB 5505 (2021), SB 5506 (2021), HB 5005 (2021) & HB 5050 (Section 26)
OHCS 37-2025, amend filed 08/21/2025, effective 08/26/2025
OHCS 26-2024, amend filed 08/27/2024, effective 09/02/2024
OHCS 16-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024
OHCS 6-2023, adopt filed 04/10/2023, effective 04/12/2023

Or. Admin. R. 813-138-0015 Eligibility

Eligibility for funding will vary by resource offering but in all cases the Project or unit must include all three PSH program elements, which include physical units (a minimum of five), project-based rental assistance, and comprehensive tenancy support services (not required to be funded by the Department). Additional requirements may include but are not limited to:

(1) Standards as outlined by the Oregon Centralized Application or PSH Standards, Best Practices, and Program Manual,

(2) Low barrier policies for accessing the PSH units,

(3) A tenant selection plan that prioritizes chronically homeless households via local Coordinated Entry, and

(4) Affirmatively Furthering Fair Housing marketing plan.

History

Statutory/Other Authority: ORS 456.612, ORS 456.620 & ORS 456.625
Statutes/Other Implemented: SB 5505 (2021) & SB 5506 (2021)
OHCS 37-2025, amend filed 08/21/2025, effective 08/26/2025
OHCS 26-2024, amend filed 08/27/2024, effective 09/02/2024
OHCS 16-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024
OHCS 6-2023, adopt filed 04/10/2023, effective 04/12/2023

Or. Admin. R. 813-138-0020 Permanent Supportive Housing Funding Availability and PSH Program Manual

(1) The Department has established the PSH Standards, Best Practices, and Program Manual to share the expectations and requirements for the PSH Program. In addition to funding for Rental Assistance and Comprehensive Tenancy Support Services, the Department may also offer development resources for new unit creation or rehabilitation when available. For all Department resources, the Department retains the right to establish minimum standards associated with eligibility.

(2) Funding decisions may be made using the Oregon Housing and Community Services (OHCS) Affordable Rental Housing Division (ARH) Oregon Centralized Application (ORCA) Process as described in OAR 813-002-0005 through OAR 813-002-0055). The ORCA process may include additional priorities and requirements as determined appropriate by the Department.

(3) Policies and program expectations are outlined in the PSH Standards, Best Practices, and Program Manual, dated July 2025, incorporated into and adopted as part of these administrative rules by reference.

(4) PSH policy and program information is available online at the Department’s website.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 456.612, ORS 456.620 & ORS 456.625
Statutes/Other Implemented: SB 5505 (2021), SB 5506 (2021), HB 5005 & HB 5050 (Section 26)
OHCS 37-2025, amend filed 08/21/2025, effective 08/26/2025
OHCS 26-2024, amend filed 08/27/2024, effective 09/02/2024
OHCS 16-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024
OHCS 6-2023, adopt filed 04/10/2023, effective 04/12/2023

Or. Admin. R. 813-138-0025 Project Development - Eligibility for Bond Proceeds for PSH

(1) The Department may use funds available or designated for PSH development including those pursuant to Article XI-Q, of the Oregon Constitution, for the PSH Program to acquire, construct, remodel, repair, equip, or furnish Qualified Property that is or will be Owned or Operated by the State of Oregon for the purpose of providing permanent supportive housing in this state for Chronically Homeless Households.

(2) For properties developed utilizing Article XI-Q bonds, ownership interests in real property acquired by the Department are limited to:

(a) A fee simple interest in land or improvements;

(b) A leased fee interest, meaning an ownership interest with the rights of use and occupancy conveyed by lease to others;

(c) A tenancy in common for which the Department’s interest in the property is proportionate to the contribution of the Department in the property’s purchase price;

(d) A fee simple interest in a condominium; (e) An easement, right of way, license or similar interest functionally related to and necessary for the use of Qualified Property acquired by the Department.

(3) If the Department holds an operational interest in the Project, the parties must execute an operating agreement to govern the project.

History

Statutory/Other Authority: ORS 456.612, ORS 456.620 & ORS 456.625
Statutes/Other Implemented: SB 5505 (2021), SB 5506 (2021), HB 5005 & HB 5050 (Section 26)
OHCS 26-2024, amend filed 08/27/2024, effective 09/02/2024
OHCS 16-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024
OHCS 6-2023, adopt filed 04/10/2023, effective 04/12/2023

Or. Admin. R. 813-138-0030 Project Development - Allocation of Bond Proceeds

(1) The Department may, to the extent of its authority, allocate bond proceeds to Projects approved for funding by the Housing Stability Council.

(2) When funded with Article XI-Q bonds, the Department shall allocate the funds in compliance with the requirements of the Article XI-Q, of the Oregon Constitution, ORS 456.559(1)(f) and the rules of this division.

(3) The Department may choose whether to allocate all available funds.

(4) The obligation to repay the loan principal shall be satisfied upon repayment in full at maturity. In the alternative, and at the election of the borrower at any time after the initial affordability period, such obligation may be:

(a) Satisfied upon the borrower executing agreements:

(A) Subjecting the Qualified Property to an additional affordability period equivalent to the initial level of affordability; and

(B) Ensuring that the equity of the PSH loan continues to benefit the Project;

(b) Extended beyond the initial maturity date on the condition that:

(A) Substantially equivalent, as determined by the Department, affordability is maintained through the extended affordability date; and

(B) The equity of the PSH loan continues to benefit the Project. At the request of the borrower, the Department also may consider a combination of PSH loan repayment, affordability preservation, and loan extension in proportion to the previously identified options.

(5) PSH loans may be prepaid as long as affordability is ensured in a manner satisfactory to the Department. Repayment examples include:

(a) Loan fully repaid at maturity.

(b) Loan satisfied by a 30-year affordability extension where the PSH equity is used to rehabilitate the qualified project.

(d) Loan prepaid at year 15 with continued affordability ensured for the entirety of the initial affordability term.

History

Statutory/Other Authority: ORS 456.612, ORS 456.620, ORS 456.625 & ORS 456.559(1)(f)
Statutes/Other Implemented: SB 5506 (2021), SB 5505 (2021), HB 5050 (Section 26) & HB 5005
OHCS 26-2024, amend filed 08/27/2024, effective 09/02/2024
OHCS 16-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024
OHCS 29-2023, temporary amend filed 10/31/2023, effective 11/04/2023 through 04/17/2024
OHCS 11-2023, temporary amend filed 05/09/2023, effective 05/09/2023 through 11/03/2023
OHCS 6-2023, adopt filed 04/10/2023, effective 04/12/2023

Or. Admin. R. 813-138-0035 Allocation of Rental Assistance and Comprehensive Tenancy Support Services Funding

(1) The Department may, to the extent of its authority, allocate resources for Rental Assistance and Comprehensive Tenancy Support Services to Projects awarded funding by the Housing Stability Council.

(2) The Department shall allocate the funds in compliance with the Oregon Housing and Community Services (OHCS) Affordable Rental Housing Division (ARH) Centralized Application Processes, as described in OAR 813-002-0005 through OAR 813-002-0055, the PSH Manual, and the rules of this division.

(3) The Department may choose whether to allocate all available funds.

(4) The Department retains flexibility regarding how Rental Assistance and Comprehensive Tenancy Support Services funding are assigned.

(5) If Rental Assistance or Comprehensive Tenancy Support Services funding for a Project are no longer available and replacement funding for these resources is not found within a reasonable time, in order to keep the Project viable and avoid foreclosure, the Department may elect to waive the requirement that the Project house Chronically Homeless Households. If the project goes into default or foreclosure or for any reason cannot meet its debt obligation, OHCS should be notified immediately by the project owner and a cure period should be established to enable the sponsor to work in good faith toward implementing a remedy or cure for the default. If the default cannot be cured or a remedy cannot be put in place within the agreed upon cure period and needed rent assistance and supportive services funding is no longer available, then OHCS may waive the requirement for the project to house chronically homeless residents.

History

Statutory/Other Authority: ORS 456.612, ORS 456.620 & ORS 456.625
Statutes/Other Implemented: SB 5505 (2021), SB 5506 (2021), HB 5005 (2021) & HB 5050 (Section 26)
OHCS 37-2025, amend filed 08/21/2025, effective 08/26/2025
OHCS 26-2024, amend filed 08/27/2024, effective 09/02/2024
OHCS 16-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024
OHCS 6-2023, adopt filed 04/10/2023, effective 04/12/2023

Or. Admin. R. 813-138-0040 Application Requests and Charges for Development Funds

(1) The Department may solicit applications for an allocation of Program funds from interested parties when such resources are available.

(2) The Department may require a non-refundable application charge from any Applicant requesting an allocation of Program bond proceeds.

(3) The Department may charge the Project owner reasonable charges for the Department's costs of monitoring the Project owner's compliance with restrictions established by the Department.

(4) The Department shall evaluate completed applications based on a ranking system established by the Department and set forth in the Department's application process.

History

Statutory/Other Authority: ORS 456.612, ORS 456.620 & ORS 456.625
Statutes/Other Implemented: SB 5505 (2021) & SB 5506 (2021)
OHCS 26-2024, amend filed 08/27/2024, effective 09/02/2024
OHCS 16-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024
OHCS 6-2023, adopt filed 04/10/2023, effective 04/12/2023

Or. Admin. R. 813-138-0045 Applications for Rental Assistance and Comprehensive Tenancy Supportive Services Funding

To request Rental Assistance or Comprehensive Tenancy Supportive Services funding, Applicants must submit an application along with any applicable charges as required by the development resource funding request, if applicable. The Rental Assistance or Comprehensive Tenancy Supportive Services funding application required by the Department may request, among other information, the following:

(1) The type(s) of funding requested;

(2) The amount of funds requested from each funding category;

(3) The building location: state, county, town, street address and legal description

(4) An initial statement based on local homelessness data indicating whether or not there is a need for the proposed Project;

(5) The complete financial information about the proposed Project showing all sources and uses of funds;

(6) An operating pro forma statement on a cash flow basis showing net operating income before debt service;

(7) Evidence of a commitment for financing, federal loan insurance, or other major source of funds;

(8) Other financial information regarding grants, subsidies, or tax-exempt financing for the proposed Project;

(9) Implementation plans for Comprehensive Tenancy Support Services.

History

Statutory/Other Authority: ORS 456.612, ORS 456.620 & ORS 456.625
Statutes/Other Implemented: SB 5505 (2021), SB 5506 (2021), HB 5005 & HB 5050 (Section 26)
OHCS 26-2024, amend filed 08/27/2024, effective 09/02/2024
OHCS 16-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024
OHCS 6-2023, adopt filed 04/10/2023, effective 04/12/2023

Division 140 COMMUNITY DEVELOPMENT INCENTIVE PROJECT FUND

Or. Admin. R. 813-140-0000 Purpose and Objectives

OAR 813, division 140, is promulgated to accomplish the purpose of ORS 458.705 through 458.740, specifically 458.720 through 458.740, which implement the Community Development Incentive Project Fund. The Community Development Incentive Project Fund holds the proceeds of lottery bonds issued to make grants or loans to Oregon municipalities, businesses and individuals; provides credit enhancements to commercial banks and private lenders in order to encourage real estate development that promotes downtown and community center areas; provides affordable housing and other infill developments; or funds projects that promote business opportunities in Oregon’s distressed areas and rural communities.

History

Statutory/Other Authority: ORS 458.705 - 458.740
Statutes/Other Implemented: ORS 458.705 - 458.740
OHCS 16-2002, f. & cert. ef. 11-25-02
OHCS 7-2002(Temp), f. & cert. ef. 5-30-02 thru 11-25-02

Or. Admin. R. 813-140-0010 Definitions

All terms used in OAR chapter 813, division 140, unless otherwise specifically defined herein have the meanings given in ORS 458.705 through 458.740. As used in OAR chapter 813, division 140, unless the context indicates otherwise:

(1) "Board" means the Community Development Incentive Advisory Board established pursuant to ORS 458.710.

(2) “Economic Revitalization Team” means the program of agency cooperation by the Governor’s Office to coordinate and streamline state policies, programs and procedures and provide coordinated state agency assistance to local governments. These agencies are: Economic and Community Development Department, Department of Environmental Quality, Oregon Housing and Community Services Department, Department of Land Conservation and Development, and Oregon Department of Transportation, Department of State Lands, the Department of Agriculture and the Department of Business and Consumer Services. “Regional Economic Revitalization Team” means a regional team comprised of one regional employee with each of the agencies listed above.

(3) "Fund" or "Incentive Fund" means the Community Development Incentive Project Fund.

(4) "Gap Financing" means financing provided by the Fund when other state or private financing sources are inadequate or unavailable to finance a development project.

(5) "Housing Preservation Community Incentive Fund" means a program that provides grants and/or loans to preserve affordable housing developments financed presently or previously by OHCS that have Section 8 project-based rental assistance contracts which have been renewed or will be renewed.

(6) “Program Overview” means a publication available from the Department setting forth general guidelines and information about the program and application process.

(7) "Rural Community" and "Rural Service Center," means an unincorporated community which consists of permanent residential dwellings, and commercial, industrial or (in the case of a Rural Community) public uses to the community, the surrounding rural area, or to persons traveling through the area.

(8) “Six Budget Principals” means those principles stated in Governor Kulongoski’s budget document presented in 2004 for the 2005/2007 Legislative Session to grow Oregon’s economy and ensure that all Oregon communities — large and small, urban and rural, survive. Those principals are:

(a) Provide our children and adults with the educational opportunities they need to succeed today and in the future;

(b) Take care of our most vulnerable citizens;

(d) Maintain the high quality of life we enjoy in Oregon;

(e) Ensure that our citizens are safe in their homes and in their communities, and

(f) Provide for a safe, efficient and accountable state government.

(9) "Small Community Incentive Fund" means a program that provides loans and grants of $80,000 or less for development projects, meet the criteria of the Incentive Fund program.

(10) "Urban Unincorporated Community," means an unincorporated community which has at least 150 permanent residential dwelling units, contains a mixture of land uses, and includes areas served by a community sewer system and water system.

History

Statutory/Other Authority: ORS 458.705 - 458.740
Statutes/Other Implemented: ORS 458.705 - 458.740
OHCS 6-2008, f. & cert. ef. 6-23-08
Reverted to OHCS 17-2006, f. & cert. ef. 9-15-06
OHCS 15-2007(Temp), f. & cert. ef. 12-18-07 thru 6-14-08
OHCS 17-2006, f. & cert. ef. 9-15-06
OHCS 5-2006(Temp), f. & cert. ef. 3-29-06 thru 9-24-06
OHCS 16-2002, f. & cert. ef. 11-25-02
OHCS 11-2002(Temp), f. & cert. ef. 9-5-02 thru 11-25-02
OHCS 7-2002(Temp), f. & cert. ef. 5-30-02 thru 11-25-02

Or. Admin. R. 813-140-0020 Fund Purposes

(1) The primary purpose of the Fund is to provide Gap Financing to help local communities or to use as an incentive to obtain additional funding commitments from other sources.

(2) The Fund is not intended to provide financing to replace other financing from private or public sources that could be available within 12 months of the date of the award to fund a proposed development project. Rather it is intended to be a flexible resource that promotes worthy projects by bridging funding gaps which prevent a project either from moving forward or from moving forward in a manner which achieves one or more of the Six Budget Principals.

History

Statutory/Other Authority: ORS 458.705 - 458.740
Statutes/Other Implemented: ORS 458.705 - 458.740
OHCS 17-2006, f. & cert. ef. 9-15-06
OHCS 5-2006(Temp), f. & cert. ef. 3-29-06 thru 9-24-06
OHCS 16-2002, f. & cert. ef. 11-25-02
OHCS 7-2002(Temp), f. & cert. ef. 5-30-02 thru 11-25-02

Or. Admin. R. 813-140-0030 Fund Administration

(1) The Board will develop program guidelines, including specific project criteria and financing mechanisms which can be found in the Program Overview and application materials.

(2) The Department will administer the Fund in accordance with ORS 458.735. The Department's Administration of the Fund is not subject to Housing Stability Council policy, rules or standards.

History

Statutory/Other Authority: ORS 458.705 - 458.740
Statutes/Other Implemented: ORS 458.705 - 458.740
OHCS 17-2006, f. & cert. ef. 9-15-06
OHCS 5-2006(Temp), f. & cert. ef. 3-29-06 thru 9-24-06
OHCS 11-2002(Temp), f. & cert. ef. 9-5-02 thru 11-25-02
OHCS 7-2002(Temp), f. & cert. ef. 5-30-02 thru 11-25-02

Or. Admin. R. 813-140-0040 Eligible Uses of the Fund

(1) The Oregon Housing and Community Services Department may make grants and loans for the purpose of financing capitalized project costs (including but not limited to project management or consultant fees that are related to project development) but not for the purpose of financing planning or technical assistance or other administrative or operating costs. It is the policy of Oregon Housing and Community Services Department that, in general, payment from the Fund for hours worked by anyone employed by, and paid through the payroll of the applicant or recipient of the funds is not an eligible cost. Work will be performed by an independent contractor and hours worked or job cost billed will be presented by invoice. Any exception to this policy will be pre-approved in writing by the Director of Oregon Housing and Community Services Department. The requested exception will show that the use of employees provides a clear benefit to the project. Each request will include the applicant’s cost allocation methodology and payroll procedures to ensure they have sufficient tools in place to appropriately track employee time. Each request for payment from the Fund for hours worked by employees will include a statement that hours billed are correct and appropriate, and will be documented with time-keeping data. In no circumstance will the Fund pay for staff time associated with the entity’s operations.

(2) The Department may make a grant instead of a loan for a project which otherwise complies with the requirements of this OAR 813, division 140 where repayment of the amount disbursed by the Fund for the project is inappropriate or the recipient would have insufficient capacity to repay the amount disbursed based on cash flow projections or documentation submitted with the application.

(3) The costs and expenses of the Department necessary for the administration of the Fund and the grants and loans made from the Fund. These costs and expenses may include the amounts necessary for the administration of the Fund through the Small Community Incentive Fund or the servicing of loans and grants made by the Fund, pursuant to a contract with the Department.

History

Statutory/Other Authority: ORS 458.705 - 458.740
Statutes/Other Implemented: ORS 458.705 - 458.740
OHCS 17-2006, f. & cert. ef. 9-15-06
OHCS 5-2006(Temp), f. & cert. ef. 3-29-06 thru 9-24-06
OHCS 16-2002, f. & cert. ef. 11-25-02
OHCS 11-2002(Temp), f. & cert. ef. 9-5-02 thru 11-25-02
OHCS 7-2002(Temp), f. & cert. ef. 5-30-02 thru 11-25-02

Or. Admin. R. 813-140-0050 Eligible Applicants and Eligible Projects

(1) Eligible applicants include local governments and nonprofit and for-profit organizations.

(2) To be eligible for funding, a proposed project must meet the following criteria:

(a) The project must be located within the urban growth boundary of an incorporated city in this state, or in an Urban Unincorporated Community, Rural Community, or Rural Service Center that is served by a community sewer system and/or water system.

(b) The project must achieve at least one of the following three main purposes found in ORS 458.725:

(A) Promoting affordable housing near jobs or transit, developments near jobs and transportation;

(B) Revitalizing downtowns and community centers; and

(c) The project must demonstrate financial feasibility and soundness based on cash flow projections or documentation submitted with the application.

(d) The project must promote achievement of at least one of the Governor’s “Six Budget Principles.”

(e) The project must comply with local comprehensive plans and land use ordinances or other regional or local plans.

(f) The project sponsor must demonstrate capacity (including capacity provided by outside consultants or developers) to fully implement the project as documented in application materials.

(g) The project must be locally supported and serve to further the community's goals related to livability and growth.

(h) The for-profit developer that is or will be the owner of the project must demonstrate investment or equity in the project.

(3) Eligible projects include, but are not limited to, a development project that has joint public and private sponsorship and/or ownership.

History

Statutory/Other Authority: ORS 458.705 - 458.740
Statutes/Other Implemented: ORS 458.705 - 458.740
OHCS 6-2008, f. & cert. ef. 6-23-08
Reverted to OHCS 17-2006, f. & cert. ef. 9-15-06
OHCS 15-2007(Temp), f. & cert. ef. 12-18-07 thru 6-14-08
OHCS 17-2006, f. & cert. ef. 9-15-06
OHCS 5-2006(Temp), f. & cert. ef. 3-29-06 thru 9-24-06
OHCS 16-2002, f. & cert. ef. 11-25-02
OHCS 7-2002(Temp), f. & cert. ef. 5-30-02 thru 11-25-02

Or. Admin. R. 813-140-0060 Funding Preferences

Among proposed projects that meet the requirements of OAR 813-140-0050, preference will be given to projects that meet one or more of the following categories:

(1) Are designed in a manner that maximizes long-term sustainability through use of recycled materials, attention to energy efficiency, and long term economic viability of the project;

(2) Further the economic vitality of the local community;

(3) Address a specific unmet need for affordable housing;

(4) Leverage, to the maximum extent, public and private funding sources (including tax incentives), as demonstrated by local and/or private commitment and investment;

(5) Are designed in a manner to be consistent with or complementary to the character of the surrounding community or neighborhood; and/or

(6) Demonstrate ability to expend Incentive Fund resources within 12 months after award. In the event there are insufficient moneys in the Incentive Fund to meet all otherwise qualified pending applications, the department may provide loans in part or for all of the amount requested based on the number of the categories listed above that a proposed project falls within.

History

Statutory/Other Authority: ORS 458.705 - 458.740
Statutes/Other Implemented: ORS 458.705 - 458.740
OHCS 17-2006, f. & cert. ef. 9-15-06
OHCS 5-2006(Temp), f. & cert. ef. 3-29-06 thru 9-24-06
OHCS 16-2002, f. & cert. ef. 11-25-02
OHCS 7-2002(Temp), f. & cert. ef. 5-30-02 thru 11-25-02

Or. Admin. R. 813-140-0080 Rating Criteria

In addition to evaluation of a proposed project's compliance with the requirements of OAR 813-140-0050 and taking into consideration the preferences set forth in 813-140-0060, the evaluation of a proposed project may include, but is not limited to, consideration of the following:

(1) Any conditional or firm funding commitments or efforts to work with other funders to leverage all available resources;

(2) The readiness of the project to proceed once financing has been committed by the Department;

(3) In comparison with other proposed projects, the greatest impact on communities;

(4) Demonstration of realistic financial assumptions, including the need for a loan guarantee or grant funds, and the ability to repay loans;

(5) The strength of the development team as it relates to the scope of the project;

(6) Community support for the project as demonstrated by funding or fee waivers, resolution of support, or participation of community groups; and

(7) Appropriateness and uniqueness of the design of the project in relation to fulfilling the goals of the project and matching the context of the community.

History

Statutory/Other Authority: ORS 458.705 - 458.740
Statutes/Other Implemented: ORS 458.705 - 458.740
OHCS 17-2006, f. & cert. ef. 9-15-06
OHCS 5-2006(Temp), f. & cert. ef. 3-29-06 thru 9-24-06
OHCS 16-2002, f. & cert. ef. 11-25-02
OHCS 7-2002(Temp), f. & cert. ef. 5-30-02 thru 11-25-02

Or. Admin. R. 813-140-0090 Lending Criteria

(1) The Department's lending criteria allows the Fund to create quality development patterns, produce a sound loan portfolio and create a sustainable loan fund.

(2) The Department shall permit the assumption of an appropriate level of risk, maintain a reserve for losses, and provide for the periodic monitoring of reserve adequacy as follows:

(a) An applicant for a loan shall demonstrate an ability to repay the debt through forma and other documentation submitted with the application. When applicable, the Department may offer a combination of grants and loans as well as a combination of loan products and terms, as it, in its sole discretion, deems appropriate to ensure repayment.

(b) A loan may be for an income-producing project or for a project in an urban renewal district with available tax increment financing.

(3) The Department may make the following types of loans:

(a) Predevelopment loans for projects that are in the early stage. The purpose of these loans is to finance eligible predevelopment expenses such as architectural, engineering, environmental studies, purchase of options or other eligible expenses as determined by the department. A predevelopment loan shall have maximum term of 12 months and shall be 100% secured by collateral acceptable to the Department. The borrower shall pay a loan fee of 1% of the principal amount of the loan for the regular, or “large” Community Incentive Fund. There is no fee for Small Community Incentive Fund pre-development loan borrowers.

(b) Short-term loans having terms not to exceed 5 years. These loans shall accrue interest at the rate of 1% per annum for the “large’ program and 3% for the Small Community Incentive Fund program. Both shall require minimum annual interest payments.

(c) The “large” Community Incentive Fund can offer long-term loans having terms exceeding 5 years, but not exceeding 15 years. These loans shall accrue interest at a rate of 3% per annum and shall require minimum annual interest payments. The Small Community Incentive Fund does not offer long-term loans.

(d) For existing owners remaining in the program, the Housing Preservation Community Incentive Fund can offer 2 percent interest loans with a maximum term of 20 years. Other loans will be at an interest rate and term determined by the Department through project underwriting to best meet the financial viability of the project.

(4) A borrower shall execute such agreements, instruments and other documents that are required by the Department and that are in form and substance satisfactory to the Department. These documents may contain terms and provisions regarding required insurance coverage, loss reserve and periodic reporting requirement, financial ratios, escrow payments, late charges, defaults, priority of liens, and such other matters as the Department deems prudent or appropriate.

History

Statutory/Other Authority: ORS 458.705 - 458.740
Statutes/Other Implemented: ORS 458.705 - 458.740
OHCS 6-2008, f. & cert. ef. 6-23-08
Reverted to OHCS 17-2006, f. & cert. ef. 9-15-06
OHCS 15-2007(Temp), f. & cert. ef. 12-18-07 thru 6-14-08
OHCS 17-2006, f. & cert. ef. 9-15-06
OHCS 5-2006(Temp), f. & cert. ef. 3-29-06 thru 9-24-06
OHCS 16-2002, f. & cert. ef. 11-25-02
OHCS 7-2002(Temp), f. & cert. ef. 5-30-02 thru 11-25-02

Or. Admin. R. 813-140-0096 Application Process for Funding from Housing Preservation Community Incentive Fund

(1) All housing projects financed by OHCS with HUD Section 8 rental assistance contracts that have been renewed or will be renewed are eligible to apply for funding from the Community Development Incentive Project Fund.

(2) An applicant for funding from the fund shall submit an application for funding to the Department on the form provided by the Department.

(3) If the Department determines that funding is needed for financing developments because other state or private financing sources are inadequate or unavailable, unless the Department determines that financing is needed for the purpose of preserving affordable housing, the Department shall submit a funding application under section (2) of this rule to the Community Development Incentive Advisory Board for its review and recommendation.

(4) An application for funding that has been reviewed by the board under section (3) of this rule is subject to the Department’s approval or disapproval after the Director has reviewed the Board’s recommendation. The Department’s determination under this section is subject to its evaluation of the application on the basis of applicable statutory criteria.

History

Statutory/Other Authority: ORS 458.705 - 458.740
Statutes/Other Implemented: ORS 458.705 - 458.740
OHCS 4-2012, f. & cert. ef. 4-11-12
OHCS 10-2011(Temp), f. & cert. ef. 10-17-11 thru 4-12-12
OHCS 2-2010, f. & cert. ef. 1-7-10
OHCS 6-2008, f. & cert. ef. 6-23-08

Or. Admin. R. 813-140-0100 Award

(1) The Director shall announce the applicants receiving Fund awards. An applicant who receives a Fund award will be issued a reservation and conditional award.

(2) Except upon the written approval of the Department, no moneys will be disbursed from the Fund until all conditions of the reservation and conditional award (including submission of the required documents) have been met to the satisfaction of the Department.

History

Statutory/Other Authority: ORS 458.705 - 458.740
Statutes/Other Implemented: ORS 458.705 - 458.740
OHCS 16-2002, f. & cert. ef. 11-25-02
OHCS 7-2002(Temp), f. & cert. ef. 5-30-02 thru 11-25-02

Or. Admin. R. 813-140-0105 Application Process for Large Community Incentive Fund

(1) The application process for obtaining a grant or loan from the Fund may involve, but is not limited to, a competitive review process, a first come-first reviewed process, or such expedited process as is necessary or appropriate to further the goals of the Fund.

(2) An applicant must contact the appropriate Department Regional Advisor to the Director to discuss its proposal (See Program Overview). The Regional Advisor to the Director will provide technical assistance; input on the viability of the project; and will work with the applicant to analyze and project the financial needs to determine the appropriate mix of grants and/or loans.

(3) An applicant must submit its application in a manner satisfactory to the Department. The Regional Economic Revitalization Team which may choose to consult with other regional partnerships in areas where partnerships exist, and Oregon Economic and Community Development Department financial reviewers may review the applicants. This review may include a pre-screening for fatal application flaws that on the face of the application do not meet the requirements of these rules as well as an in-depth review.

(4) The applications that, in the judgment of the Regional Economic Revitalization Team, best meet Fund thresholds and preferences (see Program Overview and application materials), will be submitted to the Department along with comments from the reviewers in the Regional Economic Revitalization Team. The number of applications submitted to the Department may be limited at the discretion of the Director.

(5) The Department will forward a description of the projects, along with comments from the Regional Economic Revitalization Team, to the Board for their consideration. At the same time, a committee of representatives from the Regional Economic Revitalization Teams, in conjunction with the Department’s senior management, will develop a funding proposal. A finalized funding proposal will be presented to the Director and the Board for their review and recommendations.

(6) Projects will be selected for financing which, in the judgment of the Board (as evidenced by its recommendations to the Director) and the Director best achieve the purposes of the Incentive Fund based on the criteria outlined in OAR 813, division 140.

History

Statutory/Other Authority: ORS 458.705 - 458.740
Statutes/Other Implemented: ORS 458.705 - 458.740
OHCS 17-2006, f. & cert. ef. 9-15-06
Renumbered from 813-140-0070, OHCS 5-2006(Temp), f. & cert. ef. 3-29-06 thru 9-24-06
OHCS 16-2002, f. & cert. ef. 11-25-02
OHCS 7-2002(Temp), f. & cert. ef. 5-30-02 thru 11-25-02

Or. Admin. R. 813-140-0110 Small Community Incentive Fund

(1) The Small Community Incentive Fund may provide loans and grants to eligible projects which require a financial incentive or gap financing. The maximum amount of financing that may be provided by the Small Community Incentive Fund for a project, whether in the form of a grant or loan or a combination of both, is $80,000.

(2) In order to be eligible for financing by the Small Community Incentive Fund, a project must meet the parameters described in the previous sections of the rule with the following exceptions:

(a) The project must be located within the urban growth boundary of an incorporated Oregon city, or in an Urban Unincorporated Community, Rural Community, or Rural Service Center that is served by a community sewer system and/or a community water system.

(b) The project must achieve at least one of the three objectives of ORS 458.725(1) through (3).

(3) The Department may make the following types of loans:

(a) Predevelopment loans which shall be fully secured with collateral acceptable to the Department and shall:

(A) Not accrue interest and have a term not to exceed 6 months, or

(B) Accrue interest at the rate of 1% per annum and have a term of more than 6 months but not to exceed 12 months.

(b) Short-term 1-5 year loans which shall accrue interest at the rate of 3% per annum, have a term not to exceed five years, and require a minimum annual payment of interest.

(4) The Regional Economic Revitalization Team will determine at the local level the process for evaluating applications, including use of a first-come, first-served or competitive process (see Overview). The Regional Economic Revitalization Team for the region in which a project is located and other experts as appropriate will review the funding requests for projects in its region. The Regional Economic Revitalization Team will determine if other Economic Revitalization Team agency resources are available to fund a project and if so, will direct the applicant to the appropriate agency. The Regional Economic Revitalization Team will, in evaluating the project, consider factors such as how well a project meets the Fund's threshold criteria, the Fund's preferences, and the financial feasibility of the project. Projects selected by the Regional Economic Revitalization Team will be forwarded to the Department, along with the Regional Economic Revitalization Team's comments and recommended conditions of award. The forwarded projects will be submitted to the Board. The Board will provide comments to the OHCS director before funding approval is made. The Director, or his designee, shall make all final funding determinations and announce conditional awards.

History

Statutory/Other Authority: ORS 458.705 - 458.740
Statutes/Other Implemented: ORS 458.705 - 458.740
OHCS 17-2006, f. & cert. ef. 9-15-06
OHCS 5-2006(Temp), f. & cert. ef. 3-29-06 thru 9-24-06
OHCS 16-2002, f. & cert. ef. 11-25-02
OHCS 11-2002(Temp), f. & cert. ef. 9-5-02 thru 11-25-02

Or. Admin. R. 813-140-0120 Waiver

The Department may waive or modify any requirements of OAR 813, division 140, unless such waiver or modification would violate applicable federal or state statutes or regulations.

History

Statutory/Other Authority: ORS 90.800 - 90.840, 90.630, 183, 446, 456.515 - 456.723 & 458.210 - 458.650
Statutes/Other Implemented: ORS 456.579 - 456.581
OHCS 17-2006, f. & cert. ef. 9-15-06
OHCS 5-2006(Temp), f. & cert. ef. 3-29-06 thru 9-24-06

Division 145 EMERGENCY SOLUTIONS GRANT PROGRAM (ESG)

Or. Admin. R. 813-145-0000 Purpose and Objectives

The purpose of OAR chapter 813, division 145 of the administrative rules is to implement the Emergency Solutions Grant (ESG) program. Funding for ESG comes from federal funds authorized by the McKinney-Vento Homeless Act, as established in 24 CFR 576. The purpose of ESG is to fund local homeless programs that assist households, who are homeless or at risk of homelessness, to attain housing stability

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 24 CFR 576
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 33-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 11-2015, f. & cert. ef. 8-25-15
Reverted to OHCS 5-2002, f. & cert. ef. 5-15-02
Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 5-2002, f. & cert. ef. 5-15-02
OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02

Or. Admin. R. 813-145-0010 Definitions

Terms used throughout this division (OAR 813-145) may be defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions, except as defined below:

(1) "At risk of homelessness" is defined in 24 CFR 576.2.

(2) "ESG" means the Emergency Solutions Grant program administered by OHCS pursuant to this division and other applicable law.

(3) "ESG Manual" or "Program manual" means the Emergency Solutions Grant Operations Manual, as referenced in OAR 813-145-0015.

(4) "ESG requirements" means these administrative rules; all funding agreement terms and conditions; OHCS directives (including deficiency notices); the ESG Manual requirements; and applicable state, local, and federal laws and requirements.

(5) "ESG services" means services as defined in OAR 813-145-0030 and the ESG Manual, which are eligible activities with ESG funding.

(6) "Homeless" is defined in 24 CFR 576.2.

(7) "Homeless Management Information System" or "HMIS" is defined in 24 CFR 576.2.

(8) "Household" means an individual living alone, a family with or without children or a group of individuals who are living together as one economic unit.

(9) "Household annual income" is defined in 24 CFR 5.609.

(10) “Subgrantee” means person, entity, or party that enters into a contract, loan agreement, or grant agreement directly with OHCS to receive funds to administer the ESG Program.

(11) “Subrecipient” means organization as defined in ORS 458.610(6) that works with, collaborates with, or enters into a direct agreement with the subgrantee to provide services under the ESG Program.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 24 CFR 576 & 24 CFR 5.609
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 8-2020, amend filed 05/07/2020, effective 05/07/2020
OHCS 33-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 11-2015, f. & cert. ef. 8-25-15
Reverted to OHCS 5-2002, f. & cert. ef. 5-15-02
Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 5-2002, f. & cert. ef. 5-15-02
OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02

Or. Admin. R. 813-145-0015 Manuals

Effective on July 1, 2025, the Emergency Solutions Grant Program Operations Manual (ESG Manual) with the requirements and standards therein, is incorporated into and adopted as part of division 813-145-0015 of the department's administrative rules, 813-145-0000 to 813-145-0080. The ESG Manual, dated July 1, 2023, previously incorporated into and adopted as part of these administrative rules remains in effect until July 1, 2025, on which date it is repealed. The ESG Manual may be accessed online at the OHCS website.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 24 CFR 576
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 2-2023, amend filed 03/01/2023, effective 03/01/2023
OHCS 21-2020, amend filed 10/27/2020, effective 10/27/2020
OHCS 8-2020, adopt filed 05/07/2020, effective 05/07/2020

Or. Admin. R. 813-145-0020 Administration

(1) OHCS may contract with subgrantees to provide eligible ESG services (see OAR 813-145-0030) in service areas in such manner to provide holistic coverage statewide without duplication or overlap of services.

(2) OHCS will allocate ESG funds to all eligible subgrantees through a formula established by OHCS in accordance with ORS 456.555(8) and 24 CFR 24 CFR 576.400(a). The Department will make this formula available to each Continuum of Care prior to allocating fund.

(a) Jurisdictions that receive ESG funding directly from Housing and Urban Development will be excluded from the funding allocation formula.

(b) If a subgrantee has not invoiced OHCS for 100 percent of its previous grant year’s allocation, following the 60th day after the end of that grant’s expenditure period, OHCS may proportionately reduce the subgrantee’s current grant year’s funding allocation.

(c) If any subgrantee has its grant year allocation reduced, OHCS may redistribute those funds to the CAAs that do not have a reduced funding.

(d) For funding that is a part of a remediation plan with Housing and Urban Development, OHCS reserves the right to deallocate and redistribute funds at its sole discretion.

(3) A subgrantee may enter into agreements or collaborate with subrecipients to provide eligible ESG services in the subgrantee’s service area.

(4) Subgrantees shall, at a minimum, provide ESG services to eligible applicants or households and meet ESG requirements. Whenever appropriate, subgrantees may assist eligible households in accessing other services designed to stabilize housing.

(5) Subgrantee representatives must attend and participate in ESG-related training made available or conducted by OHCS, when required.

(6) A designated portion of ESG funds are reserved for subgrantees and their subrecipients to use for administrative costs. Subgrantees and their subrecipients may expend up to a determined amount as authorized by OHCS and outlined in the funding agreement.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 24 CFR 576
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 33-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 11-2015, f. & cert. ef. 8-25-15
Reverted to OHCS 5-2002, f. & cert. ef. 5-15-02
Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 5-2002, f. & cert. ef. 5-15-02
OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02

Or. Admin. R. 813-145-0026 Applicant Eligibility

(1) ESG services shall be made available to households who meet eligibility requirements as outlined in the ESG Manual, including but not limited to:

(a) An income within limits for applicable ESG services as defined in the ESG Manual; and

(b) Are homeless or at risk of homelessness.

(2) Specific requirements and documentation to provide proof of eligibility for ESG services are detailed in the ESG Manual.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 24 CFR 576
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 33-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 18-2019, minor correction filed 07/03/2019, effective 07/03/2019
OHCS 11-2015, f. & cert. ef. 8-25-15

Or. Admin. R. 813-145-0030 Use of Funds

(1) Use of ESG funds must be in compliance with ESG requirements for eligible households.

(2) To the extent of available funding, eligible ESG services include, but are not limited to:

(a) Street outreach;

(b) Emergency shelter;

(d) Rapid re-housing; and

(e) HMIS.

(3) A subgrantee will provide matching funds for ESG through cash or in-kind contributions equal to the amount of ESG funds received from OHCS, in accordance with ESG requirements and limited match requirement exceptions, therein. Matching funds must be from U.S. Housing and Urban Development (HUD) allowable sources identified in the funding application and approved by OHCS.

History

Statutory/Other Authority: ORS 458.555
Statutes/Other Implemented: 24 CFR 576
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 33-2019, amend filed 11/07/2019, effective 11/07/2019
Reverted to OHCS 5-2002, f. & cert. ef. 5-15-02
Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 5-2002, f. & cert. ef. 5-15-02
OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02

Or. Admin. R. 813-145-0040 Application for Funding; Funding Agreement

(1) Prior to providing any ESG services using OHCS funding, subgrantees must submit biennially an application for funding to OHCS. A funding agreement must be approved by OHCS in writing before being operative and is considered operative for two fiscal years.

(2) Applications for funding must meet all requirements of form and content as established by OHCS. At a minimum, an application must include a subgrantee’s proposed activities for eligible households, anticipated expenditures, and any other information as OHCS may require specific to ESG funding. Subgrantees must adhere to OHCS requirements and deadlines for submitting an application. An application is subject to approval, with or without modifications, or disapproval by OHCS.

(3) OHCS will not approve any application for funding unless it meets ESG sufficiency requirements. Sufficiency is based on the quantity, thoroughness and quality of performance that is satisfactory to OHCS. This includes, but is not limited to, providing relevant information necessary for OHCS to assess the subgrantee’s compliance with all ESG requirements and any other standards, goals, and requirements established by OHCS.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 24 CFR 576
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 33-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 11-2015, f. & cert. ef. 8-25-15
Reverted to OHCS 5-2002, f. & cert. ef. 5-15-02
Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 5-2002, f. & cert. ef. 5-15-02
OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02

Or. Admin. R. 813-145-0050 Recordkeeping and Compliance Monitoring

(1) Subgrantees and their subrecipients must maintain accurate financial records satisfactory to OHCS and consistent with ESG requirements, which document the receipt and disbursement of all ESG funds by OHCS. Subgrantees must have an accounting system in place satisfactory to OHCS, and implement an approved Homeless Management Information System (HMIS) database for data and fiscal entry.

(2) Subgrantees and their subrecipients must maintain other ESG records satisfactory to OHCS and consistent with ESG requirements, which include, but are not limited to, documentation of household eligibility, receipt of allowable ESG services, termination of services and the basis for same, housing status, administrative actions, contracts with subrecipients, review of subrecipient performance, action taken with respect to deficiency notices, and any administrative review proceedings. Such records must be satisfactory to OHCS in substance and format.

(4) To ensure proper compliance and monitoring of ESG, subgrantees and their subrecipients must:

(b) Cooperate fully in any inspections or other monitoring actions taken by OHCS, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives.

(5) OHCS will conduct reviews, audits, and other compliance monitoring as it deems appropriate with respect to each subgrantee and its subrecipients to verify compliance with the ESG requirements. Subgrantees and their subrecipients must cooperate fully with OHCS in its compliance monitoring activities.

(6) Subgrantees must require by contract and monitor their subrecipients’ compliance with all ESG requirements including, but not limited to, recordkeeping and retention of records and OHCS compliance monitoring and enforcement.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 24 CFR 576
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 33-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 11-2015, f. & cert. ef. 8-25-15
Reverted to OHCS 5-2002, f. & cert. ef. 5-15-02
Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 5-2002, f. & cert. ef. 5-15-02
OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02

Or. Admin. R. 813-145-0060 Remedies

(2) To remedy any identified deficiencies, OHCS:

(b) May require the subgrantee to correct any deficiencies in a manner and time frame satisfactory to OHCS;

(3) OHCS may provide adequate notice to a subgrantee of remedial action that will terminate or reduce a subgrantee’s eligibility for ESG funding. OHCS may provide the subgrantee an initial opportunity to appeal to the director of the Housing Stabilization Division of OHCS, whose decision may be deferred to the director of OHCS.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 24 CFR 576
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 33-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 17-2019, minor correction filed 07/03/2019, effective 07/03/2019
OHCS 11-2015, f. & cert. ef. 8-25-15
Reverted to OHCS 5-2002, f. & cert. ef. 5-15-02
Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 5-2002, f. & cert. ef. 5-15-02
OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02

Or. Admin. R. 813-145-0070 Challenge of Subgrantee Action

(1) Any household aggrieved by a subgrantee administering or providing ESG services may challenge the subgrantee's action by entering the subgrantee's administrative review process (see OAR 813-145-0080). Any household who received either an unsatisfactory determination or refusal of a review by the subgrantee may submit a written request to OHCS within 30 days of receiving the notice of review determination or refusal by the subgrantee to provide such administrative review.

(4) Upon accepting the review request, OHCS may make a determination on such review request and require such remedial action as OHCS determines, in its sole discretion, to be appropriate.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 24 CFR 576
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 33-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 11-2015, f. & cert. ef. 8-25-15
Reverted to OHCS 5-2002, f. & cert. ef. 5-15-02
Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 5-2002, f. & cert. ef. 5-15-02
OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02

Or. Admin. R. 813-145-0080 Review by Subgrantee

(1) Subgrantees must establish in writing a process satisfactory to OHCS that enables all potentially eligible households, having received ESG services or not, to contest a determination by the subgrantee or its subrecipients that either denies, limits, terminates, or modifies ESG services.

(2) An aggrieved household may request a formal review of a subgrantee’s action (as described in subsection (1) above). The subgrantee must allow a minimum of 30 days, from the time of the requested review or the aggrieved household’s discovery of such action, for which an aggrieved household requests review. The ultimate determination of an aggrieved household’s discovery period is reserved to OHCS, in its sole discretion.

(3) A household remaining aggrieved after such review may request further review of the subgrantee actions by OHCS (see OAR 813-145-0070).

(4) The subgrantee must inform OHCS and the aggrieved party in writing of any final review determination made by the subgrantee, and the basis for same, within 10 days of such final determination.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 24 CFR 576
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 2-2023, amend filed 03/01/2023, effective 03/01/2023
OHCS 33-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 11-2015, f. & cert. ef. 8-25-15
Reverted to OHCS 5-2002, f. & cert. ef. 5-15-02
Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 5-2002, f. & cert. ef. 5-15-02
OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02

Division 200 LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP)

Or. Admin. R. 813-200-0001 Purpose and Objectives

OAR chapter 813, division 200 provides specific guidance pursuant to ORS 458.505 to 458.545, specifically ORS 458.505 to 458.515. These statutes designate Oregon Housing and Community Services (OHCS) as the state agency responsible for administering state and federal antipoverty programs in Oregon, including the Low Income Home Energy Assistance Program (LIHEAP). The purpose of the program is to assist low-income households with their home energy needs through a variety of means, including energy assistance payments, energy education and weatherization activities.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505
OHCS 29-2019, amend filed 10/28/2019, effective 10/28/2019
OHCS 12-2015, f. & cert. ef. 8-25-15
Reverted to OHCS 5-2003, f. & cert. ef. 5-15-03
Temporary Suspended by OHCS 19-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 5-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 5-2003, f. & cert. ef. 5-15-03
OHCS 15-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03

Or. Admin. R. 813-200-0005 Definitions

Terms used throughout OAR chapter 813, division 200 may be defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions except as defined below:

(1) "Crisis assistance" or "crisis payment" means the assistance provided to low-income households for crisis situations such as supply shortages, loss of household heating or cooling or other situations approved by OHCS as described in the program requirements.

(2) "Energy assistance payment" means a payment made under LIHEAP to or on behalf of an eligible household for the specific purposes of paying for program services as described in OAR 813-200-0030.

(3) "Energy burden" means the percentage of household income that goes towards energy costs.

(4) "Home energy" means the type of energy or fuel, including but not limited to fuel oil, natural gas, electricity, wood or propane, used to power the household's primary source of heating or cooling equipment.

(5) "Home energy supplier" means a supplier who either delivers home energy in bulk to households, or provides home energy continuously via wire or pipe.

(6) "Household" means any individual residing alone, a family with or without children or a group of individuals who are living together as one economic unit and purchase residential energy in common.

(7) "Household income" means the total household income before taxes from all sources. Specific sources and deductions are outlined in the program manual.

(8) "Low-income household" means a household with income that is at or below 60% of the state median income.

(9) "Program" or "LIHEAP" means the Low-Income Home Energy Assistance Program administered by OHCS pursuant to this division and other applicable law.

(10) "Program manual" or "Manual" means the LIHEAP & OEAP Intake Operations Manual, as described in OAR 813-200-0008.

(11) "Program requirements" means these administrative rules; all funding agreement terms and conditions; OHCS directives (including deficiency notices); the program manual requirements; and applicable state, local, and federal laws and requirements.

(12) "Program services" means the services that may be provided to eligible households as described in OAR 813- 200-0030 or allowed thereunder.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505
OHCS 8-2020, amend filed 05/07/2020, effective 05/07/2020
OHCS 7-2020, temporary suspends temporary OHCS 42-2019, filed 05/06/2020, effective 05/06/2020 through 06/27/2020
OHCS 42-2019, temporary amend filed 12/31/2019, effective 12/31/2019 through 06/27/2020
OHCS 29-2019, amend filed 10/28/2019, effective 10/28/2019
OHCS 12-2015, f. & cert. ef. 8-25-15
OHCS 19-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 5-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 5-2003, f. & cert. ef. 5-15-03
OHCS 15-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03
HSG 2-1993, f. & cert. ef. 4-2-93, Renumbered from 813-200-0000
HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-050-0000
HR 1-1982, f. & cert. ef. 1-11-82

Or. Admin. R. 813-200-0008 Manuals

The LIHEAP & OEAP Intake Operations and Policy Manual (program manual) with the requirements and standards therein, dated October 1, 2025, is incorporated into and adopted as part of this division of administrative rules, by reference. The program manual may be accessed online at the OHCS website.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505
OHCS 7-2026, amend filed 03/24/2026, effective 03/24/2026
OHCS 44-2025, temporary amend filed 10/09/2025, effective 10/09/2025 through 03/29/2026
OHCS 41-2025, temporary amend filed 09/26/2025, effective 10/01/2025 through 03/29/2026
OHCS 18-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 41-2024, temporary amend filed 10/02/2024, effective 10/02/2024 through 03/30/2025
OHCS 38-2024, amend filed 09/27/2024, effective 10/01/2024
OHCS 24-2023, amend filed 09/21/2023, effective 10/01/2023
OHCS 23-2022, amend filed 09/29/2022, effective 10/01/2022
OHCS 10-2022, amend filed 04/20/2022, effective 04/20/2022
OHCS 4-2022, temporary amend filed 02/24/2022, effective 03/01/2022 through 08/27/2022
OHCS 11-2021, amend filed 11/17/2021, effective 11/17/2021
OHCS 9-2021, temporary amend filed 09/24/2021, effective 10/01/2021 through 11/28/2021
OHCS 19-2020, amend filed 09/29/2020, effective 10/01/2020
OHCS 9-2020, temporary amend filed 05/07/2020, effective 05/07/2020 through 11/02/2020
OHCS 8-2020, adopt filed 05/07/2020, effective 05/07/2020

Or. Admin. R. 813-200-0010 Administration

(1) OHCS may contract with subgrantees to provide eligible program services (see OAR 813-200-0030) in service areas in such manner to provide holistic coverage statewide without duplication or overlap of services. In a service area where a Community Action Agency (CAA) exists, the CAA has the conditional right of first refusal to serve as the subgrantee for the given service area.

(2) OHCS will allocate LIHEAP funds to all subgrantees through a formula established by OHCS prior to the allocation process. OHCS reserves the right to modify such formula at any time in its sole discretion.

(3) A subgrantee may establish subrecipients that meet the requirements of ORS 458.505(4) to provide eligible program services in the subgrantee’s service area.

(4) Subgrantees shall, at a minimum, identify potential eligible households, collect and screen applications, verify household eligibility, and contract with and monitor local home energy suppliers to determine that the eligible households are receiving their awarded program services. Whenever appropriate, subgrantees may assist eligible households in accessing other services designed to stabilize housing.

(5) Subgrantee representatives must attend and participate in LIHEAP-related training made available or conducted by OHCS.

(6) A designated portion of LIHEAP funds are reserved for subgrantees and their subrecipients to use for administrative costs. Subgrantees and their subrecipients may expend up to a determined amount as authorized by OHCS and outlined in the funding agreement.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505
OHCS 29-2019, amend filed 10/28/2019, effective 10/28/2019
OHCS 12-2015, f. & cert. ef. 8-25-15
OHCS 19-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 5-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 5-2003, f. & cert. ef. 5-15-03
OHCS 15-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03
HSG 2-1993, f. & cert. ef. 4-2-93
HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-050-0005
HR 4-1983, f. & cert. ef. 11-25-83
HR 1-1982, f. & cert. ef. 1-11-82

Or. Admin. R. 813-200-0020 Household Eligibility

(1) Program services must be available to households that are determined to be eligible in compliance with the program manual. Baseline eligibility requirements include, but are not limited to:

(a) Meeting income thresholds for LIHEAP; and

(b) Having a demonstrated energy burden.

(2) The period of time relevant to the determination of a household's eligibility must be no more than the past 12 months and not less than the 30 days immediately preceding the date of application by the household for program services.

(3) An eligible household must receive assistance from the subgrantee in the service area in which the household’s dwelling is located.

(4) Households in similar circumstances must receive similar benefits to the extent of LIHEAP funding.

(5) Households living in an institution is not eligible to receive program services. Institutions may include, but are not limited to, hospitals, licensed domiciliary care facilities, intermediate care facilities, skilled nursing facilities or homes, alcohol and drug rehabilitation centers or treatment programs, dormitories, fraternities, sororities, and temporary protective facilities such as domestic violence shelters and homeless shelters.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505
OHCS 29-2019, amend filed 10/28/2019, effective 10/28/2019
OHCS 12-2015, f. & cert. ef. 8-25-15
OHCS 19-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 5-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 5-2003, f. & cert. ef. 5-15-03
OHCS 15-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03
HSG 2-1993, f. & cert. ef. 4-2-93
HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-050-0010
HR 4-1983, f. & cert. ef. 11-25-83
HR 1-1982, f. & cert. ef. 1-11-82

Or. Admin. R. 813-200-0030 Use of Funds

(1) Use of LIHEAP funds must be in compliance with LIHEAP program requirements for eligible households.

(2) To the extent of available funding, program services include providing the following for eligible households:

(a) Energy assistance payments;

(b) Heating and cooling equipment repair and replacement;

(d) Energy education.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505
OHCS 29-2019, amend filed 10/28/2019, effective 10/28/2019
OHCS 12-2015, f. & cert. ef. 8-25-15
OHCS 19-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 5-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 5-2003, f. & cert. ef. 5-15-03
OHCS 15-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03
HSG 2-1993, f. & cert. ef. 4-2-93
HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-050-0015
HR 4-1983, f. & ef. 11-25-83
HR 1-1982, f. & ef. 1-11-82

Or. Admin. R. 813-200-0050 Coordination with Home Energy Suppliers

(1) Subgrantees must execute a contract with a home energy supplier in order for the home energy supplier to receive an energy assistance payment under LIHEAP.

(2) Subgrantees must use a contract template provided or approved by OHCS in fulfillment of its obligation under subsection (1) above.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505
OHCS 29-2019, amend filed 10/28/2019, effective 10/28/2019
OHCS 12-2015, f. & cert. ef. 8-25-15
OHCS 19-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 5-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 5-2003, f. & cert. ef. 5-15-03
OHCS 15-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03
HSG 2-1993, f. & cert. ef. 4-2-93
HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-050-0025
HR 1-1982, f. & cert. ef. 1-11-82

Or. Admin. R. 813-200-0052 Application for Funding; Funding Agreement

(1) Prior to providing any LIHEAP program services using OHCS funding, subgrantees must submit biennially an application for funding to OHCS. A funding agreement must be approved by OHCS in writing before being operative.

(2) Applications for funding must meet all requirements of form and content as established by OHCS. At a minimum, an application must include a subgrantee’s proposed activities for eligible households, anticipated expenditures, and any other information as OHCS may require specific to LIHEAP program funding. Subgrantees must adhere to OHCS requirements and deadlines for submitting an application. An application is subject to approval, with or without modifications, or disapproval by OHCS.

(3) In cases where a Community Action Agency (CAA) has the conditional right of first refusal for antipoverty program administration, and the CAA cannot meet the requirements listed in subsection (2) above, OHCS, in its sole discretion, may allow other eligible organizations to submit an application for funding with respect to that service area.

(4) OHCS will evaluate all applications for funding for LIHEAP program sufficiency requirements. Sufficiency is based on the quantity, thoroughness and quality of performance that is satisfactory to OHCS. This includes, but is not limited to, providing relevant information necessary for OHCS to assess the subgrantee’s compliance with all LIHEAP program requirements and any other standards, goals, and requirements established by OHCS.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505, 458.620 & 458.650
OHCS 29-2019, amend filed 10/28/2019, effective 10/28/2019
OHCS 12-2015, f. & cert. ef. 8-25-15

Or. Admin. R. 813-200-0075 Recordkeeping and Compliance Monitoring

(1) Subgrantees and their subrecipients must maintain accurate financial records satisfactory to OHCS and consistent with LIHEAP program requirements, which document the receipt and disbursement of all LIHEAP funds by OHCS. Subgrantees must have an accounting system in place satisfactory to OHCS, and implement the energy assistance database, OPUS, for data and fiscal entry.

(2) Subgrantees and their subrecipients must maintain other LIHEAP records satisfactory to OHCS and consistent with LIHEAP program requirements, which include, but are not limited to, documentation of household eligibility, receipt of allowable program services, termination of services and the basis for same, housing status, administrative actions, contracts with subrecipients, review of subrecipient performance, action taken with respect to deficiency notices, and any administrative review proceedings. Such records must be satisfactory to OHCS in substance and format.

(4) To ensure proper compliance and monitoring of LIHEAP, subgrantees and their subrecipients must:

(b) Cooperate fully in any inspections or other monitoring actions taken by OHCS, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives.

(c) Retain and keep accessible all LIHEAP records and data according to LIHEAP program requirements and as requested by OHCS.

(5) OHCS will conduct reviews, audits, and other compliance monitoring as it deems appropriate with respect to each subgrantee and its subrecipients to verify compliance with the LIHEAP program requirements. Subgrantees and their subrecipients must cooperate fully with OHCS in its compliance monitoring activities.

(6) Subgrantees must require by contract and monitor their subrecipients’ compliance with all LIHEAP program requirements including, but not limited to, recordkeeping and retention of records and OHCS compliance monitoring and enforcement

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505, 458.620 & 458.650
OHCS 29-2019, amend filed 10/28/2019, effective 10/28/2019
OHCS 12-2015, f. & cert. ef. 8-25-15

Or. Admin. R. 813-200-0080 Remedies

(1) OHCS reserves the right to identify deficiencies in the performance of any subgrantee or their subrecipients discovered during compliance monitoring activities and take remedial action upon such subgrantees, including, but not limited to, terminating its funding agreement with a subgrantee and requiring repayment of LIHEAP program funding.

(2) To remedy any identified deficiencies, OHCS:

(a) Must issue a deficiency notice notifying a subgrantee of deficiencies identified through the monitoring process and provide documentation for the basis of such determination and the specific deficiency or deficiencies that must be corrected;

(b) Must require the subgrantee to correct any deficiencies in a manner and time frame satisfactory to OHCS;

(3) OHCS must provide adequate notice to a subgrantee of remedial action that will terminate or reduce a subgrantee’s eligibility for LIHEAP program funding. OHCS must provide the subgrantee an initial opportunity to appeal to the director of the Housing Stabilization Division of OHCS, whose decision may be deferred to the director of OHCS.

(4) For appeals unable to be resolved internally, OHCS adopts the procedures detailed in ORS Chapter 183 for contested cases.

(5) Issuance of a deficiency notice will not constitute a waiver of other remedies available to OHCS or preclude OHCS from exercising such other remedies available to it under the LIHEAP program requirements, at law or otherwise.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505, 458.620 & 458.650
OHCS 29-2019, amend filed 10/28/2019, effective 10/28/2019
OHCS 12-2015, f. & cert. ef. 8-25-15

Or. Admin. R. 813-200-0085 Challenge of Subgrantee Action

(1) Any household aggrieved by a subgrantee administering or providing LIHEAP program services may challenge the subgrantee's action by entering the subgrantee's administrative review process (see OAR 813-200-0090). Any household who received either an unsatisfactory determination or refusal of a review by the subgrantee may submit a written request to OHCS within 30 days of receiving the notice of review determination or refusal by the subgrantee to provide such administrative review.

(4) Upon accepting the review request, OHCS may make a determination on such review request and require such remedial action as OHCS determines, in its sole discretion, to be appropriate.

(5) OHCS adopts the procedures detailed in ORS Chapter 183 for contested cases.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505, 458.620 & 458.650
OHCS 29-2019, amend filed 10/28/2019, effective 10/28/2019
OHCS 12-2015, f. & cert. ef. 8-25-15

Or. Admin. R. 813-200-0090 Administrative Review By Subgrantee

(1) Subgrantees must establish in writing a process satisfactory to OHCS that enables all potentially eligible households, having received LIHEAP program services or not, to contest a determination by the subgrantee or its subrecipients that either denies, limits, terminates, or modifies program services.

(2) An aggrieved household may request an administrative review or fair hearing of a subgrantee’s or its subrecipients’ contested action (as described in subsection (1) above). The subgrantee must allow a minimum of 30 days, from the time of contested action or the aggrieved household’s discovery of such action, for which an aggrieved household may request a review or hearing. The ultimate determination of an aggrieved household’s discovery period is reserved to OHCS, in its sole discretion.

(3) A household remaining aggrieved after such review or hearing of a contested action may request administrative review of the subgrantee by OHCS (see OAR 813-200-0085).

(4) The subgrantee must inform OHCS in writing of any request by an aggrieved party for administrative review or fair hearing within 10 days of receiving such request.

(5) The subgrantee must inform OHCS and the aggrieved party in writing of any final administrative review determination made by the subgrantee, and the basis for same, within 10 days of such final determination.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505 - 458.620 & 458.650
OHCS 29-2019, amend filed 10/28/2019, effective 10/28/2019
Renumbered from 813-200-0060, OHCS 12-2015, f. & cert. ef. 8-25-15
OHCS 19-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 5-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 5-2003, f. & cert. ef. 5-15-03
OHCS 15-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03
HSG 2-1993, f. & cert. ef. 4-2-93
HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-050-0030
HR 1-1982, f. & cert. ef. 1-11-82

Division 202 OREGON ENERGY ASSISTANCE PROGRAM (OEAP)

Or. Admin. R. 813-202-0000 Purpose and Objectives

OAR chapter 813, division 202 provides specific guidance pursuant to ORS 458.505 to 458.545, specifically ORS 458.505 to 458.515. These statutes designate Oregon Housing and Community Services (OHCS) as the state agency responsible for administering state and federal antipoverty programs in Oregon, including the Oregon Energy Assistance Program (OEAP). The purpose of the OEAP is to assist low-income households with their electric bills through payment assistance and energy education.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505 & 757.612
OHCS 28-2019, amend filed 10/28/2019, effective 10/28/2019
OHCS 13-2015, f. & cert. ef. 8-25-15

Or. Admin. R. 813-202-0005 Definitions

Terms used throughout OAR chapter 813, division 202 may be defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions except as defined below:

(2) "Electric utility" means a person, entity or company who provides electricity to a dwelling continuously via wire.

(3) "Energy assistance payment" means a payment made under OEAP to or on behalf of an eligible household for the specific purposes of paying for program services as described in OAR 813-202-0030.

(4) "Energy burden" means the percentage of household income that goes towards electricity costs.

(5) "Household" means any individual living alone, a family with or without children or a group of individuals who are living together as one economic unit and purchase residential electricity in common.

(6) "Household income" means the total annual household income before taxes from all sources. Specific sources and deductions are outlined in the program manual.

(7) "Low-income household" means a household with income that is at or below 60% of the state median income.

(8) "Program" or "OEAP" means the Oregon Energy Assistance Program administered by OHCS pursuant to this division and other applicable law.

(9) "Program manual" or "Manual" means the LIHEAP and OEAP Intake Operations Manual, as described in OAR 813-202-0007.

(10) "Program requirements" means these administrative rules; all funding agreement terms and conditions; OHCS directives (including deficiency notices); the program manual requirements; and applicable state, local, and federal laws and requirements.

(11) "Program services" means the services that may be provided to eligible households as described in OAR 813-202-0030 or allowed thereunder.

(12) "Utility service territory" means the geographic area in Oregon within which an identified electric utility provides electricity service.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505 & 757.612
OHCS 8-2020, amend filed 05/07/2020, effective 05/07/2020
OHCS 7-2020, temporary suspends temporary OHCS 42-2019, filed 05/06/2020, effective 05/06/2020 through 06/27/2020
OHCS 5-2020, temporary amend filed 03/20/2020, effective 03/20/2020 through 06/27/2020
OHCS 43-2019, temporary amend filed 12/31/2019, effective 12/31/2019 through 06/27/2020
OHCS 28-2019, amend filed 10/28/2019, effective 10/28/2019
OHCS 13-2015, f. & cert. ef. 8-25-15
Reverted to OHCS 6-2003, f. & cert. ef. 5-15-03
Temporary Suspended by OHCS 18-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 9-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 6-2003, f. & cert. ef. 5-15-03

Or. Admin. R. 813-202-0007 Manuals

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505 & 757.698
OHCS 7-2026, amend filed 03/24/2026, effective 03/24/2026
OHCS 44-2025, temporary amend filed 10/09/2025, effective 10/09/2025 through 03/29/2026
OHCS 41-2025, temporary amend filed 09/26/2025, effective 10/01/2025 through 03/29/2026
OHCS 18-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 41-2024, temporary amend filed 10/02/2024, effective 10/02/2024 through 03/30/2025
OHCS 38-2024, amend filed 09/27/2024, effective 10/01/2024
OHCS 24-2023, amend filed 09/21/2023, effective 10/01/2023
OHCS 23-2022, amend filed 09/29/2022, effective 10/01/2022
OHCS 10-2022, amend filed 04/20/2022, effective 04/20/2022
OHCS 4-2022, temporary amend filed 02/24/2022, effective 03/01/2022 through 08/27/2022
OHCS 11-2021, amend filed 11/17/2021, effective 11/17/2021
OHCS 9-2021, temporary amend filed 09/24/2021, effective 10/01/2021 through 11/28/2021
OHCS 5-2021, temporary amend filed 06/02/2021, effective 06/02/2021 through 11/28/2021
OHCS 19-2020, amend filed 09/29/2020, effective 10/01/2020
OHCS 9-2020, temporary amend filed 05/07/2020, effective 05/07/2020 through 11/02/2020
OHCS 8-2020, adopt filed 05/07/2020, effective 05/07/2020

Or. Admin. R. 813-202-0010 Administration

(1) OHCS may contract with subgrantees to provide program services (see OAR 813-202-0030) in service areas in such manner to provide holistic coverage statewide without duplication or overlap of services. In a service area where a Community Action Agency (CAA) exists, the CAA has the conditional right of first refusal to serve as the subgrantee for the given service area.

(2) OHCS will allocate OEAP funds to all subgrantees through a formula established by OHCS prior to the allocation process. OHCS reserves the right to modify such formula at any time in its sole discretion.

(3) A subgrantee may establish subrecipients that meet the requirements of ORS 458.505(4) to provide program services in the subgrantee’s service area.

(4) Subgrantees shall, at a minimum, identify potential households, collect and screen applications, verify household eligibility, and contract with and monitor electric utilities to determine that the eligible households are receiving their awarded program services. Whenever appropriate, subgrantees may assist eligible households in accessing other services designed to stabilize housing.

(5) Subgrantee representatives must attend and participate in OEAP-related training made available or conducted by OHCS.

(6) A designated portion of OEAP funds are reserved for subgrantees and their subrecipients to use for administrative costs. Subgrantees and their subrecipients may expend up to a determined amount as authorized by OHCS and outlined in the funding agreement.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505 & 757.612
OHCS 28-2019, amend filed 10/28/2019, effective 10/28/2019
OHCS 13-2015, f. & cert. ef. 8-25-15
Reverted to OHCS 6-2003, f. & cert. ef. 5-15-03
Temporary Suspended by OHCS 18-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 9-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 6-2003, f. & cert. ef. 5-15-03

Or. Admin. R. 813-202-0020 Household Eligibility

(1) Program services will be available to households that are determined to be eligible in compliance with OEAP program requirements. Baseline eligibility requirements include, but are not limited to:

(a) Meeting income thresholds for OEAP; and

(b) Having a demonstrated energy burden.

(3) An eligible household must receive assistance from the subgrantee in the service area in which the household’s dwelling is located.

(4) Households in similar circumstances must receive similar benefits to the extent of OEAP funding.

(5) Households living in an institution is not eligible to receive program services. Institutions may include, but are not limited to, hospitals, license domiciliary care facilities, intermediate care facilities, skilled nursing facilities or homes, alcohol and drug rehabilitation centers or treatment programs, dormitories, fraternities, sororities, and temporary protective facilities such as domestic violence shelters and homeless shelters.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505 & 757.612
OHCS 28-2019, amend filed 10/28/2019, effective 10/28/2019
OHCS 13-2015, f. & cert. ef. 8-25-15
Reverted to OHCS 6-2003, f. & cert. ef. 5-15-03
Temporary Suspended by OHCS 18-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 9-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
Reverted to OHCS 6-2003, f. & cert. ef. 5-15-03
OHCS 3-2005(Temp), f. & cert. ef. 11-9-05 thru 5-8-06
OHCS 6-2003, f. & cert. ef. 5-15-03

Or. Admin. R. 813-202-0030 Use of Funds

(1) Use of OEAP funds must be in compliance with OEAP program requirements for eligible households. Priority assistance must be given to eligible households in present danger of having their electricity service disconnected.

(2) To the extent of available funding, program services include providing the following for eligible households:

(a) Energy assistance payments;

(b) Crisis payments; and

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505 & 757.612
OHCS 28-2019, amend filed 10/28/2019, effective 10/28/2019
OHCS 13-2015, f. & cert. ef. 8-25-15
OHCS 18-2014(Temp), f. & cert. ef. 2-10-014 thru 7-25-14
OHCS 9-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 6-2003, f. & cert. ef. 5-15-03

Or. Admin. R. 813-202-0050 Coordination with Electric Utilities

(1) Subgrantees must execute a contract with an electric utility in order for the electric utility to receive an energy assistance payment under OEAP.

(2) Subgrantees must use a contract template provided or approved by OHCS in fulfillment of its obligation under subsection (1) above.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555
OHCS 28-2019, amend filed 10/28/2019, effective 10/28/2019
OHCS 13-2015, f. & cert. ef. 8-25-15
Reverted to OHCS 6-2003, f. & cert. ef. 5-15-03
Temporary Suspended by OHCS 18-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 9-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 6-2003, f. & cert. ef. 5-15-03

Or. Admin. R. 813-202-0052 Application for Funding; Funding Agreement

(1) Prior to providing any OEAP program services using OHCS funding, subgrantees must submit biennially an application for funding to OHCS. A funding agreement must be approved by OHCS in writing before being operative.

(2) Applications for funding must meet all requirements of form and content as established by OHCS. At a minimum, an application must include a subgrantee’s proposed activities for eligible households, anticipated expenditures, and any other information as OHCS may require specific to OEAP program funding. Subgrantees must adhere to OHCS requirements and deadlines for submitting an application. An application is subject to approval, with or without modifications, or disapproval by OHCS.

(4) OHCS will evaluate all applications for funding for OEAP program sufficiency requirements. Sufficiency is based on the quantity, thoroughness and quality of performance that is satisfactory to OHCS. This includes, but is not limited to, providing relevant information necessary for OHCS to assess the subgrantee’s compliance with all OEAP program requirements and any other standards, goals, and requirements established by OHCS

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505, 458.620 & 458.650
OHCS 28-2019, amend filed 10/28/2019, effective 10/28/2019
OHCS 13-2015, f. & cert. ef. 8-25-15

Or. Admin. R. 813-202-0054 Recordkeeping and Compliance Monitoring

(1) Subgrantees and their subrecipients must maintain accurate financial records satisfactory to OHCS and consistent with OEAP program requirements, which document the receipt and disbursement of all OEAP funds by OHCS. Subgrantees must have an accounting system in place satisfactory to OHCS, and implement the energy assistance database, OPUS, for data and fiscal entry.

(2) Subgrantees and their subrecipients must maintain other OEAP records satisfactory to OHCS and consistent with OEAP program requirements, which include, but are not limited to, documentation of household eligibility, receipt of allowable program services, termination of services and the basis for same, housing status, administrative actions, contracts with subrecipients, review of subrecipient performance, action taken with respect to deficiency notices, and any administrative review proceedings. Such records must be satisfactory to OHCS in substance and format.

(4) To ensure proper compliance and monitoring of OEAP, subgrantees and their subrecipients must:

(a) Furnish representatives of OHCS, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives access to and permit copying of all electronic or hardcopy books, accounts, documents, and records and allow reasonable access to the project and other property pertaining to OEAP, at any such representative’s request.

(b) Cooperate fully in any inspections or other monitoring actions taken by OHCS, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives.

(5) OHCS will conduct reviews, audits, and other compliance monitoring as it deems appropriate with respect to each subgrantee and its subrecipients to verify compliance with the OEAP program requirements. Subgrantees and their subrecipients must cooperate fully with OHCS in its compliance monitoring activities.

(6) Subgrantees must require by contract and monitor their subrecipients’ compliance with all OEAP program requirements including, but not limited to, recordkeeping and retention of records and OHCS compliance monitoring and enforcement.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505, 458.620 & 458.650
OHCS 28-2019, amend filed 10/28/2019, effective 10/28/2019
OHCS 13-2015, f. & cert. ef. 8-25-15

Or. Admin. R. 813-202-0056 Remedies

(2) To remedy any identified deficiencies, OHCS:

(b) Must require the subgrantee to correct any deficiencies in a manner and time frame satisfactory to OHCS;

(3) OHCS must provide adequate notice to a subgrantee of remedial action that will terminate or reduce a subgrantee’s eligibility for OEAP program funding. OHCS must provide the subgrantee an initial opportunity to appeal to the director of the Housing Stabilization Division of OHCS, whose decision may be deferred to the director of OHCS.

(4) For appeals unable to be resolved internally, OHCS adopts the procedures detailed in ORS Chapter 183 for contested cases.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505, 458.620 & 458.650
OHCS 28-2019, amend filed 10/28/2019, effective 10/28/2019
OHCS 13-2015, f. & cert. ef. 8-25-15

Or. Admin. R. 813-202-0058 Challenge of Subgrantee Action

(1) Any household aggrieved by a subgrantee administering or providing OEAP program services may challenge the subgrantee's action by entering the subgrantee's administrative review process (see OAR 813-202-0060). Any household who received either an unsatisfactory determination or refusal of a review by the subgrantee may submit a written request to OHCS within 30 days of receiving the notice of review determination or refusal by the subgrantee to provide such administrative review.

(4) Upon accepting the review request, OHCS may make a determination on such review request and require such remedial action as OHCS determines, in its sole discretion, to be appropriate.

(5) OHCS adopts the procedures detailed in ORS Chapter 183 for contested cases.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505, 458.620 & 458.650
OHCS 28-2019, amend filed 10/28/2019, effective 10/28/2019
OHCS 13-2015, f. & cert. ef. 8-25-15

Or. Admin. R. 813-202-0060 Administrative Review By Subgrantee

(1) Subgrantees must establish in writing a process satisfactory to OHCS that enables all potentially eligible households, having received OEAP program services or not, to contest a determination by the subgrantee or its subrecipients that either denies, limits, terminates, or modifies program services.

(3) A household remaining aggrieved after such review or hearing of a contested action may request administrative review of the subgrantee by OHCS (see OAR 813-202-0058).

(4) The subgrantee must inform OHCS in writing of any request by an aggrieved party for administrative review or fair hearing within 10 days of receiving such request.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505, 458.620 & 458.650
OHCS 28-2019, amend filed 10/28/2019, effective 10/28/2019
OHCS 13-2015, f. & cert. ef. 8-25-15
Reverted to OHCS 6-2003, f. & cert. ef. 5-15-03
Temporary Suspended by OHCS 18-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 9-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 6-2003, f. & cert. ef. 5-15-03

Division 203 LOW-INCOME HOUSEHOLD WATER ASSISTANCE PROGRAM (LIHWA)

Or. Admin. R. 813-203-0000 Purpose and Objectives

OAR chapter 813, division 203 originally provided specific guidance pursuant to US Public Laws 116-260 and 117-2. These laws designated Oregon Housing and Community Services (OHCS) to administer and operate the Low-Income Household Water Assistance (LIHWA) Program in a manner similar to that of the Low-Income Home Energy Assistance Program (LIHEAP)—see OAR Chapter 813, Division 200. The purpose of the program is to assist low-income households with their household drinking water and sewage disposal services needs through water assistance payments. This division of rules shall apply to any additional funds received, either under these laws or otherwise, specifically for the purpose above.

History

Statutory/Other Authority: US Public Law 116-260, ORS 456.555 & US Public Law 117-2
Statutes/Other Implemented: US Public Law 116-260, US Public Law 117-2 & ORS 458.505
OHCS 21-2024, amend filed 06/03/2024, effective 06/03/2024
OHCS 3-2024, temporary amend filed 03/28/2024, effective 03/29/2024 through 09/24/2024
OHCS 8-2022, adopt filed 03/11/2022, effective 03/11/2022
OHCS 14-2021, temporary adopt filed 12/30/2021, effective 12/30/2021 through 06/27/2022

Or. Admin. R. 813-203-0005 Definitions

Terms used throughout OAR chapter 813, division 203 may be defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions except as defined below:

(1) "Crisis assistance" or "crisis payment" means the assistance provided to low-income households for crisis situations such as loss of household supply of drinking water or sewage disposal services or other situations approved by OHCS as described in the program requirements.

(2) "Public drinking water or water treatment utility" or “utility” means the owner or operator of a Community Water System (as defined by the U.S. Environmental Protection Agency) or water treatment facility, who supplies a household with drinking water or sewage disposal services continuously via pipes.

(3) "Household" means any individual residing alone, a family with or without children or a group of individuals who are living together as one economic unit and purchase drinking water or sewage disposal services in common.

(4) "Household income" means the total household income before taxes from all sources. Specific sources and deductions are outlined in the program manual (see OAR 813-203-0007).

(5) "Low-income household" means a household with income that is at or below 60% of the state median income.

(6) "Program" or "LIHWA" means the Low-Income Household Water Assistance Program administered by OHCS pursuant to this division and other applicable law.

(7) "Program manual" or "Manual" means the LIHWA Intake Operations Manual, as described in OAR 813-203-0007.

(8) "Program requirements" means these administrative rules; all funding agreement terms and conditions; OHCS directives (including deficiency notices); the program manual requirements; and applicable state, local, and federal laws and requirements.

(9) "Program services" means the services that may be provided to eligible households as described in OAR 813-203-0030 or allowed thereunder.

(10) "Water assistance payment" means a payment made under the LIHWA Program to or on behalf of an eligible household for the specific purposes of paying for program services as described in OAR 813-203-0030.

(11) "Water burden" means the percentage of household income that goes towards drinking water and sewage disposal services.

History

Statutory/Other Authority: US Public Law 116-260, ORS 456.555 & US Public Law 117-2
Statutes/Other Implemented: US Public Law 116-260, US Public Law 117-2 & ORS 458.505
OHCS 21-2024, amend filed 06/03/2024, effective 06/03/2024
OHCS 3-2024, temporary amend filed 03/28/2024, effective 03/29/2024 through 09/24/2024
OHCS 8-2022, adopt filed 03/11/2022, effective 03/11/2022
OHCS 14-2021, temporary adopt filed 12/30/2021, effective 12/30/2021 through 06/27/2022

Or. Admin. R. 813-203-0007 Manuals

The LIHWA Intake Operations Manual (program manual) with the requirements and standards therein, dated (as revised) May 30, 2024, is incorporated into and adopted as part of this division of administrative rules, by reference. The program manual may be accessed online at the OHCS website.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: US Public Law 116-260, ORS 456.555 & US Public Law 117-2
Statutes/Other Implemented: US Public Law 116-260, US Public Law 117-2 & ORS 458.505
OHCS 21-2024, amend filed 06/03/2024, effective 06/03/2024
OHCS 3-2024, temporary amend filed 03/28/2024, effective 03/29/2024 through 09/24/2024
OHCS 23-2023, temporary amend filed 09/21/2023, effective 10/01/2023 through 03/28/2024
OHCS 5-2023, amend filed 03/17/2023, effective 03/17/2023
OHCS 3-2023, temporary amend filed 03/03/2023, effective 03/06/2023 through 03/29/2023
OHCS 25-2022, temporary amend filed 09/30/2022, effective 10/01/2022 through 03/29/2023
OHCS 24-2022, amend filed 09/29/2022, effective 10/01/2022
OHCS 18-2022, temporary amend filed 08/09/2022, effective 08/09/2022 through 01/08/2023
OHCS 16-2022, temporary amend filed 07/13/2022, effective 07/13/2022 through 01/08/2023
OHCS 11-2022, amend filed 05/12/2022, effective 05/12/2022
OHCS 9-2022, temporary amend filed 03/31/2022, effective 03/31/2022 through 09/26/2022
OHCS 8-2022, adopt filed 03/11/2022, effective 03/11/2022
OHCS 14-2021, temporary adopt filed 12/30/2021, effective 12/30/2021 through 06/27/2022

Or. Admin. R. 813-203-0010 Administration

(1) As funds become available, OHCS may contract with subgrantees to provide eligible program services (see OAR 813-203-0030) in service areas in such manner to provide holistic coverage statewide without duplication or overlap of services. In a service area where a Community Action Agency (CAA) exists, OHCS may give preference to the CAA in service provision rights.

(2) OHCS will allocate available LIHWA funds to all subgrantees through a formula established by OHCS prior to the allocation process. OHCS reserves the right to modify such formula at any time in its sole discretion.

(3) A subgrantee may establish subrecipients that meet the requirements of ORS 458.505(4) to provide eligible program services in the subgrantee’s service area.

(4) Subgrantees shall, at a minimum, identify potential eligible households, collect and screen applications, verify household eligibility, and contract with and monitor local utilities to determine that the eligible households are receiving their awarded program services. Whenever appropriate, subgrantees may assist eligible households in accessing other services designed to stabilize housing.

(5) Subgrantee representatives must attend and participate in LIHWA-related training made available or conducted by OHCS.

(6) Of those available funds, a designated portion of LIHWA funds is reserved for subgrantees and their subrecipients to use for administrative costs. Subgrantees and their subrecipients may expend up to a determined amount as authorized by OHCS and outlined in the funding agreement.

History

Statutory/Other Authority: US Public Law 116-260, ORS 456.555 & US Public Law 117-2
Statutes/Other Implemented: US Public Law 116-260, US Public Law 117-2 & ORS 458.505
OHCS 21-2024, amend filed 06/03/2024, effective 06/03/2024
OHCS 3-2024, temporary amend filed 03/28/2024, effective 03/29/2024 through 09/24/2024
OHCS 8-2022, adopt filed 03/11/2022, effective 03/11/2022
OHCS 14-2021, temporary adopt filed 12/30/2021, effective 12/30/2021 through 06/27/2022

Or. Admin. R. 813-203-0020 Household Eligibility

(1) As funds become available, program services must be available to households that are determined to be eligible in compliance with the program manual. Baseline eligibility requirements include, but are not limited to:

(a) Meeting income thresholds for LIHWA;

(b) Receiving services from an eligible public drinking water or water treatment utility; and

(3) An eligible household must receive assistance from the subgrantee in the service area in which the household’s dwelling is located.

(4) Households living in an institution is not eligible to receive program services. Institutions may include, but are not limited to, hospitals, licensed domiciliary care facilities, intermediate care facilities, skilled nursing facilities or homes, alcohol and drug rehabilitation centers or treatment programs, dormitories, fraternities, sororities, and temporary protective facilities such as domestic violence shelters and homeless shelters.

History

Statutory/Other Authority: US Public Law 116-260, ORS 456.555 & US Public Law 117-2
Statutes/Other Implemented: US Public Law 116-260, US Public Law 117-2 & ORS 458.505
OHCS 21-2024, amend filed 06/03/2024, effective 06/03/2024
OHCS 3-2024, temporary amend filed 03/28/2024, effective 03/29/2024 through 09/24/2024
OHCS 8-2022, adopt filed 03/11/2022, effective 03/11/2022
OHCS 14-2021, temporary adopt filed 12/30/2021, effective 12/30/2021 through 06/27/2022

Or. Admin. R. 813-203-0040 Use of Funds

(1) Use of LIHWA funds must be in compliance with LIHWA program requirements for eligible households.

(2) To the extent of available funding and as it becomes available, program services include providing the following for eligible households:

(a) Water assistance payments; and

(b) Crisis assistance.

History

Statutory/Other Authority: US Public Law 116-260, ORS 456.555 & US Public Law 117-2
Statutes/Other Implemented: US Public Law 116-260, US Public Law 117-2 & ORS 458.505
OHCS 21-2024, amend filed 06/03/2024, effective 06/03/2024
OHCS 3-2024, temporary amend filed 03/28/2024, effective 03/29/2024 through 09/24/2024
OHCS 8-2022, adopt filed 03/11/2022, effective 03/11/2022
OHCS 14-2021, temporary adopt filed 12/30/2021, effective 12/30/2021 through 06/27/2022

Or. Admin. R. 813-203-0050 Coordination with Public Drinking Water or Water Treatment Utilities

(1) When funds become available, subgrantees must execute a contract with a public drinking water or water treatment utility in order for the public drinking water or water treatment utility to receive a water assistance payment under the LIHWA Program.

(2) Subgrantees must use a contract template provided or approved by OHCS in fulfillment of its obligation under subsection (1) above.

History

Statutory/Other Authority: US Public Law 116-260, ORS 456.555 & US Public Law 117-2
Statutes/Other Implemented: US Public Law 116-260, US Public Law 117-2 & ORS 458.505
OHCS 21-2024, amend filed 06/03/2024, effective 06/03/2024
OHCS 3-2024, temporary amend filed 03/28/2024, effective 03/29/2024 through 09/24/2024
OHCS 8-2022, adopt filed 03/11/2022, effective 03/11/2022
OHCS 14-2021, temporary adopt filed 12/30/2021, effective 12/30/2021 through 06/27/2022

Or. Admin. R. 813-203-0060 Application for Funding; Funding Agreement

(1) Prior to providing any LIHWA program services using OHCS funds, as they become available, subgrantees must submit biennially an application for funding to OHCS. A funding agreement must be approved by OHCS in writing before being operative.

(2) Applications for funding must meet all requirements of form and content as established by OHCS. At a minimum, an application must include a subgrantee’s proposed activities for eligible households, anticipated expenditures, and any other information as OHCS may require specific to LIHWA program funds. Subgrantees must adhere to OHCS requirements and deadlines for submitting an application. An application is subject to approval, with or without modifications, or disapproval by OHCS.

(3) In cases where a subgrantee cannot meet the requirements listed in subsection (2) above, OHCS, in its sole discretion, may request other eligible organizations to submit an application for funding with respect to that service area.

(4) OHCS will evaluate all applications for funding for LIHWA program sufficiency requirements. Sufficiency is based on the quantity, thoroughness and quality of performance that is satisfactory to OHCS. This includes, but is not limited to, providing relevant information necessary for OHCS to assess the subgrantee’s compliance with all LIHWA program requirements and any other standards, goals, and requirements established by OHCS.

History

Statutory/Other Authority: US Public Law 116-260, ORS 456.555 & US Public Law 117-2
Statutes/Other Implemented: US Public Law 116-260, US Public Law 117-2 & ORS 458.505
OHCS 21-2024, amend filed 06/03/2024, effective 06/03/2024
OHCS 3-2024, temporary amend filed 03/28/2024, effective 03/29/2024 through 09/24/2024
OHCS 8-2022, adopt filed 03/11/2022, effective 03/11/2022
OHCS 14-2021, temporary adopt filed 12/30/2021, effective 12/30/2021 through 06/27/2022

Or. Admin. R. 813-203-0070 Recordkeeping and Compliance Monitoring

(1) Subgrantees and their subrecipients must maintain accurate financial records satisfactory to OHCS and consistent with LIHWA program requirements, which document the receipt and disbursement of all LIHWA funds by OHCS. Subgrantees must have an accounting system in place satisfactory to OHCS, and implement the assistance database, OPUS, for data and fiscal entry.

(2) Subgrantees and their subrecipients must maintain other LIHWA records satisfactory to OHCS and consistent with LIHWA program requirements, which include, but are not limited to, documentation of household eligibility, receipt of allowable program services, termination of services and the basis for same, housing status, administrative actions, contracts with subrecipients, review of subrecipient performance, action taken with respect to deficiency notices, and any administrative review proceedings. Such records must be satisfactory to OHCS in substance and format.

(4) To ensure proper compliance and monitoring of LIHWA, subgrantees and their subrecipients must:

(a) Furnish representatives of OHCS, the Oregon Secretary of State's Office, the original funder (including the state or federal government), and their duly authorized representatives access to and permit copying of all electronic and hardcopy books, accounts, documents, and records and allow reasonable access to the project and other property pertaining to the LIHWA Program, at any such representative’s request.

(b) Cooperate fully in any inspections or other monitoring actions taken by OHCS, the Oregon Secretary of State's Office, the original funder (including the state or federal government), and their duly authorized representatives.

(c) Retain and keep accessible all LIHWA records and data according to LIHWA program requirements and as requested by OHCS.

(5) OHCS will conduct reviews, audits, and other compliance monitoring as it deems appropriate with respect to each subgrantee and its subrecipients to verify compliance with the LIHWA program requirements. Subgrantees and their subrecipients must cooperate fully with OHCS in its compliance monitoring activities.

(6) Subgrantees must require by contract and monitor their subrecipients’ compliance with all LIHWA program requirements including, but not limited to, recordkeeping and retention of records and OHCS compliance monitoring and enforcement.

History

Statutory/Other Authority: US Public Law 116-260, ORS 456.555 & US Public Law 117-2
Statutes/Other Implemented: US Public Law 116-260, US Public Law 117-2 & ORS 458.505
OHCS 21-2024, amend filed 06/03/2024, effective 06/03/2024
OHCS 3-2024, temporary amend filed 03/28/2024, effective 03/29/2024 through 09/24/2024
OHCS 8-2022, adopt filed 03/11/2022, effective 03/11/2022
OHCS 14-2021, temporary adopt filed 12/30/2021, effective 12/30/2021 through 06/27/2022

Or. Admin. R. 813-203-0080 Remedies

(2) To remedy any identified deficiencies, OHCS:

(b) Must require the subgrantee to correct any deficiencies in a manner and time frame satisfactory to OHCS;

(3) OHCS must provide adequate notice to a subgrantee of remedial action that will terminate or reduce a subgrantee’s eligibility for LIHWA program funding. OHCS must provide the subgrantee an initial opportunity to appeal to the director of the Housing Stabilization Division of OHCS, whose decision may be deferred to the Executive Director of OHCS.

(4) For appeals unable to be resolved internally, OHCS adopts the procedures detailed in ORS Chapter 183 for contested cases.

History

Statutory/Other Authority: US Public Law 116-260, ORS 456.555 & US Public Law 117-2
Statutes/Other Implemented: US Public Law 116-260, US Public Law 117-2 & ORS 458.505
OHCS 21-2024, amend filed 06/03/2024, effective 06/03/2024
OHCS 3-2024, temporary amend filed 03/28/2024, effective 03/29/2024 through 09/24/2024
OHCS 8-2022, adopt filed 03/11/2022, effective 03/11/2022
OHCS 14-2021, temporary adopt filed 12/30/2021, effective 12/30/2021 through 06/27/2022

Or. Admin. R. 813-203-0090 Challenge of Subgrantee Action

(1) Any household aggrieved by a subgrantee administering or providing LIHWA program services may challenge the subgrantee's action by entering the subgrantee's administrative review process (see OAR 813-203-0100). Any household who received either an unsatisfactory determination or refusal of a review by the subgrantee may submit a written request to OHCS within 30 days of receiving the notice of review determination or refusal by the subgrantee to provide such administrative review.

(4) Upon accepting the review request, OHCS may make a determination on such review request and require such remedial action as OHCS determines, in its sole discretion, to be appropriate.

(5) OHCS adopts the procedures detailed in ORS Chapter 183 for contested cases.

History

Statutory/Other Authority: US Public Law 116-260, ORS 456.555 & US Public Law 117-2
Statutes/Other Implemented: US Public Law 116-260, US Public Law 117-2 & ORS 458.505
OHCS 21-2024, amend filed 06/03/2024, effective 06/03/2024
OHCS 3-2024, temporary amend filed 03/28/2024, effective 03/29/2024 through 09/24/2024
OHCS 8-2022, adopt filed 03/11/2022, effective 03/11/2022
OHCS 14-2021, temporary adopt filed 12/30/2021, effective 12/30/2021 through 06/27/2022

Or. Admin. R. 813-203-0100 Administrative Review by Subgrantee

(1) Subgrantees must establish in writing a process satisfactory to OHCS that enables all potentially eligible households, having received LIHWA program services or not, to contest a determination by the subgrantee or its subrecipients that either denies, limits, terminates, or modifies program services.

(3) A household remaining aggrieved after such review or hearing of a contested action may request administrative review of the subgrantee by OHCS (see OAR 813-203-0090).

(4) The subgrantee must inform OHCS in writing of any request by an aggrieved party for administrative review or fair hearing within 10 days of receiving such request.

History

Statutory/Other Authority: US Public Law 116-260, ORS 456.555 & US Public Law 117-2
Statutes/Other Implemented: US Public Law 116-260, US Public Law 117-2 & ORS 458.505
OHCS 21-2024, amend filed 06/03/2024, effective 06/03/2024
OHCS 3-2024, temporary amend filed 03/28/2024, effective 03/29/2024 through 09/24/2024
OHCS 8-2022, adopt filed 03/11/2022, effective 03/11/2022
OHCS 14-2021, temporary adopt filed 12/30/2021, effective 12/30/2021 through 06/27/2022

Division 205 LOW-INCOME WEATHERIZATION ASSISTANCE PROGRAM (LIWAP)

Or. Admin. R. 813-205-0000 Purpose and Objectives

The purpose of OAR chapter 813, division 205 of the administrative rules is to implement the Low Income Weatherization Assistance Program (LIWAP). Funding for LIWAP comes from the U.S. Department of Energy (USDOE), Low Income Home Energy Assistance Program (LIHEAP), Bonneville Power Administration (BPA), and the Energy Conservation Helping Oregonians (ECHO). The USDOE funding is established in 10 CFR 440, and the LIHEAP and BPA funding generally follow those federal regulations. The ECHO funding is established in ORS 757.612. Oregon Housing and Community Services (OHCS) is designated as the state agency responsible for administering state and federal antipoverty programs in Oregon. The purpose of LIWAP, which is one such program, is to assist low-income households with their home energy needs through weatherization.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505, ORS 757.612 & 10 CFR 440
OHCS 38-2019, amend filed 12/18/2019, effective 12/18/2019
OHCS 5-2019, amend filed 06/24/2019, effective 07/01/2019
OHCS 20-2018, amend filed 12/21/2018, effective 12/21/2018
OHCS 9-2018, amend filed 06/05/2018, effective 06/05/2018
OHCS 2-2018, temporary amend filed 02/07/2018, effective 02/07/2018 through 08/05/2018
OHCS 20-2013, f. & cert. ef. 12-18-13
OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13
OHCS 6-2007, f. & cert. ef. 1-11-07
OHCS 13-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
OHCS 19-2002, f. & cert. ef. 12-13-02
OHCS 9-2002(Temp), f. & cert. ef. 6-19-02 thru 12-15-02

Or. Admin. R. 813-205-0005 Definitions

Terms used throughout OAR chapter 813, division 205 may be defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this definition observe those definitions except as defined below:

(1) "Bulk fuel" means liquid petroleum, propane, coal, wood, wood-based products, or other fuel delivered and stored until used on-site by the final consumer to produce energy.

(2) “Dwelling unit” or “dwelling” means real or personal property within Oregon that is inhabited as the primary residence of an owner or tenant.

(3) “ECHO Weatherization Guidelines” or “ECHO Guidelines” means Energy Conservation Helping Oregonians Weatherization Guidelines, as described in OAR 813-205-0007.

(4) "Greenhouse gas" or "GHG" means any gas that contributes to anthropogenic global warming, including, but not limited to, carbon dioxide, methane, nitrous oxide, hydroflurocarbons, perfluorocarbons, and sulfur hexafluoride.

(5) “Household” means any individual residing alone, a family with or without children, or a group of individuals who are living together as one economic unit and purchase residential energy in common.

(6) “Low-income household” or "Low-income" means a household with income that is at or below 200% of the federal poverty level.

(7) “Low Income Weatherization Assistance Program” or “LIWAP” means the Low Income Weatherization Assistance Program administered by OHCS pursuant to this division and other applicable law.

(8) “LIWAP requirements” means these administrative rules; all funding agreement terms and conditions; OHCS directives (including deficiency notices); the USDOE State Plan requirements; the USDOE BIL State Plan requirements; the ECHO Guidelines requirements; applicable LIHEAP funding requirements (see OAR chapter 813, division 200); and applicable state, local, and federal laws and requirements.

(9) “LIWAP services” means services as defined in OAR 813-205-0040, the USDOE State Plan, the USDOE BIL State Plan, and the ECHO Guidelines, which are eligible activities with LIWAP funding.

(10) “Persons of Native American heritage” means a documented member of any federally-recognized tribe of the United States.

(11) "USDOE BIL State Plan" means the U.S. Department of Energy's Bipartisan Infrastructure Law State Plan for Oregon, as described in OAR 813-205-0007.

(12) "USDOE State Plan" means the U.S. Department of Energy State Plan of Oregon, as described in OAR 813-205-0007.

(13) “Tenant” has the meaning provided in ORS 90.100.

(14) “Training and technical assistance” or “T&TA” means activities designed to improve the subgrantee’s management of LIWAP services and increase the effectiveness of its customer service efforts. Such activities may include, but are not limited to, those that result in maximization of energy savings in a dwelling; minimization of production costs; improvement of program management; and reduction of the potential for waste, fraud, and abuse of LIWAP funding.

(15) “Weatherization services” means conservation measures meant to reduce heating and cooling loads. These measures may include both air infiltration reduction and thermal improvements, such as wall, attic, and floor insulation.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 757.612, ORS 458.505, 10 CFR 440 & 2 CFR 200
OHCS 15-2023, amend filed 06/29/2023, effective 07/01/2023
OHCS 10-2023, temporary amend filed 04/27/2023, effective 04/27/2023 through 10/23/2023
OHCS 22-2022, amend filed 08/31/2022, effective 08/31/2022
OHCS 15-2022, temporary amend filed 06/29/2022, effective 07/01/2022 through 08/27/2022
OHCS 13-2020, amend filed 06/30/2020, effective 07/01/2020
OHCS 38-2019, amend filed 12/18/2019, effective 12/18/2019
OHCS 20-2018, adopt filed 12/21/2018, effective 12/21/2018

Or. Admin. R. 813-205-0007 Temporary rule language in effect until 12/27/2026. Manuals

(1) The U.S. Department of Energy State Plan of Oregon (USDOE State Plan) with the requirements and standards therein, dated July 1, 2025, is incorporated into and adopted as part of this division of administrative rules, by reference. The USDOE State Plan may be accessed online at the OHCS website.

(2) The U.S. Department of Energy's Bipartisan Infrastructure Bill State Plan of Oregon (USDOE BIL State Plan) with the requirements and standards therein, dated July 1, 2022, is incorporated into and adopted as part of this division of administrative rules, by reference. the USDOE BIL State Plan may be accessed online at the OHCS website.

(3) The Energy Conservation Helping Oregonians Weatherization Guidelines (ECHO Guidelines) with the requirements and standards therein, dated July 1, 2026, is incorporated into and adopted as part of this division of administrative rules, by reference. the ECHO Guidelines may be accessed online at the OHCS website.

(4) OHCS will encourage efforts consistent with or exceeding the greenhouse gas (GHG) reduction goals set forth in ORS 468A.205(1)(c).

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 10 CFR 440, ORS 458.505, 757.612, 468A.205(1)(c) & 2 CFR 200
OHCS 13-2026, temporary amend filed 06/29/2026, effective 07/01/2026 through 12/27/2026
OHCS 29-2025, amend filed 07/07/2025, effective 07/07/2025
OHCS 22-2024, amend filed 06/18/2024, effective 07/01/2024
OHCS 15-2023, amend filed 06/29/2023, effective 07/01/2023
OHCS 10-2023, temporary amend filed 04/27/2023, effective 04/27/2023 through 10/23/2023
OHCS 22-2022, amend filed 08/31/2022, effective 08/31/2022
OHCS 15-2022, temporary amend filed 06/29/2022, effective 07/01/2022 through 08/27/2022
OHCS 6-2022, temporary amend filed 03/03/2022, effective 03/03/2022 through 08/27/2022
OHCS 3-2022, temporary amend filed 02/18/2022, effective 03/01/2022 through 08/27/2022
OHCS 7-2021, amend filed 06/30/2021, effective 07/01/2021
OHCS 13-2020, adopt filed 06/30/2020, effective 07/01/2020

Or. Admin. R. 813-205-0011 Administration

(1) OHCS may contract with subgrantees to provide eligible LIWAP services (see OAR 813-205-0040) in service areas in such manner to provide holistic coverage statewide without duplication or overlap of services. In a service area where a Community Action Agency (CAA) exists, the CAA has the conditional right of first refusal to serve as the subgrantee for the given service area.

(2) OHCS will allocate LIWAP funds to all subgrantees through a formula established by OHCS prior to the allocation process. OHCS reserves the right to modify such formula at any time in its sole discretion.

(3) A subgrantee may establish subrecipients that meet the requirements of ORS 458.505(4) to provide eligible program services in the subgrantee’s service area.

(4) Subgrantees shall, at a minimum, identify potential eligible households, collect and screen applications, verify household eligibility, and provide weatherization to eligible households. Whenever appropriate, subgrantees may assist eligible households in accessing other services designed to stabilize housing.

(5) Subgrantee representatives must attend and participate in LIWAP-related training made available or conducted by OHCS.

(6) A designated portion of LIWAP funds are reserved for subgrantees and their subrecipients to use for administrative costs. Subgrantees and their subrecipients may expend up to a determined amount as authorized by OHCS and outlined in the funding agreement.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505, ORS 757.612 & 10 CFR 440
OHCS 38-2019, adopt filed 12/18/2019, effective 12/18/2019

Or. Admin. R. 813-205-0030 Eligible Applicants

(1) LIWAP services shall be made available to low-income households who meet eligibility requirements as outlined in the USDOE State Plan.

(2) A household is eligible for LIWAP regardless of whether the household rents or owns its dwelling unit. If the dwelling unit is a rental, the dwelling owner must give permission to proceed with LIWAP services (see OAR 813-205-0060). Households in similar circumstances must receive similar benefits.

(3) For multifamily dwellings:

(a) A subgrantee may weatherize a duplex, or a single building with two separate dwelling units, if 50% of the occupying households are eligible for LIWAP services.

(b) A subgrantee may weatherize a triplex, or a single building with three separate dwelling units, if 66% of the occupying households are eligible for LIWAP services.

(c) A subgrantee may weatherize a fourplex, or a single building with four separate dwelling units, if 50% of the occupying households are eligible for LIWAP services.

(d) A subgrantee may weatherize a multiplex, or a single building with five or more separate dwelling units, if 66% of the occupying households are eligible for LIWAP services. A subgrantee may weatherize a multiplex if 50% of the occupying households are eligible only when the subgrantee receives permission from OHCS and provides proof that 10% of the total cost of weatherization is leveraged from landlords, utilities, or other sources.

(4) A subgrantee must provide assurances to OHCS that:

(a) The subgrantee complies with any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973.

(b) No person shall, on the grounds of race, color, religion, national origin, sex, disability, familial status, sexual orientation, gender identiy, marital status, or source of income, be excluded from participation in, be denied the benefits of, or be subjected to discrimination for any activity funded in whole or part with LIWAP funds.

(5) A subgrantee must create and maintain a waiting list for all households applying for LIWAP services. All priorities must be weighted equally and have approval from OHCS. Priorities of households on the waiting list must include, but are not limited to:

(a) Individuals who are 60 years of age or older;

(b) Persons with disabilities, or persons who have at least one physical or mental impairment that substantially limits one or more major life activities;

(d) Households with high residential energy use; or

(e) Households with high energy burden, or the percentage of household income that goes towards energy costs.

(6) Priorities for the waiting list must be applied consistently for all households, except with respect to any OHCS-sanctioned special projects in which the subgrantee is involved. A subgrantee’s criteria may include factors that encourage leveraging additional resources or the potential for increased energy savings.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505, ORS 757.612 & 10 CFR 440
OHCS 38-2019, amend filed 12/18/2019, effective 12/18/2019
OHCS 20-2018, amend filed 12/21/2018, effective 12/21/2018
OHCS 20-2013, f. & cert. ef. 12-18-13
OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13
OHCS 6-2007, f. & cert. ef. 1-11-07
OHCS 13-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
OHCS 19-2002, f. & cert. ef. 12-13-02
OHCS 9-2002(Temp), f. & cert. ef. 6-19-02 thru 12-15-02

Or. Admin. R. 813-205-0035 Application for Funding; Funding Agreement

(1) Prior to providing any LIWAP services using OHCS funding, subgrantees must submit biennially an application for funding to OHCS. A funding agreement must be approved by OHCS in writing before being operative.

(2) Applications for funding must meet all requirements of form and content as established by OHCS. At a minimum, an application must include a subgrantee’s proposed activities for eligible households, anticipated expenditures, and any other information as OHCS may require specific to LIWAP funding. Subgrantees must adhere to OHCS requirements and deadlines for submitting an application. An application is subject to approval, with or without modifications, or disapproval by OHCS.

(4) OHCS will evaluate all applications for funding for LIWAP sufficiency requirements. Sufficiency is based on the quantity, thoroughness and quality of performance that is satisfactory to OHCS. This includes, but is not limited to, providing relevant information necessary for OHCS to assess the subgrantee’s compliance with all LIWAP requirements and any other standards, goals, and requirements established by OHCS.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505, ORS 757.612 & 10 CFR 440
OHCS 38-2019, amend filed 12/18/2019, effective 12/18/2019
OHCS 25-2019, renumbered from 813-205-0020, filed 07/26/2019, effective 07/26/2019
OHCS 5-2019, amend filed 06/24/2019, effective 07/01/2019
OHCS 20-2018, amend filed 12/21/2018, effective 12/21/2018
OHCS 20-2013, f. & cert. ef. 12-18-13
OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13
OHCS 6-2007, f. & cert. ef. 1-11-07
OHCS 13-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
OHCS 19-2002, f. & cert. ef. 12-13-02
OHCS 9-2002(Temp), f. & cert. ef. 6-19-02 thru 12-15-02

Or. Admin. R. 813-205-0040 Use of Funds

(1) LIWAP funding may be used for the following purposes including, but not limited to:

(a) Weatherization upon eligible dwelling units;

(b) Any measure that is necessary for effective energy savings performance or preservation of weatherization materials;

(d) Training and technical assistance for the subgrantee.

(2) ECHO funds may be used to install electric energy systems when bulk fuels are the primary fuel source and service.

(3) Except as otherwise specified by the grantor of funds, OHCS may allocate no more than 5% of LIWAP funding for training and technical assistance.

(4) Subgrantees shall practice lead safe work practices on each dwelling constructed prior to 1978 unless the subgrantee can prove to OHCS’s satisfaction that a lead hazard does not exist.

(5) For federal funds allocated to OHCS, including those received from USDOE, for LIWAP services, OHCS may set aside up to 3% of federal funds for persons of Native American heritage to either directly provide LIWAP services to those eligible households or allocate to subgrantees with identified populations of persons of Native American heritage within their service areas.

(6) For state funds allocated to OHCS received from ECHO for LIWAP services, the following requirements apply:

(a) LIWAP services must be provided only to those households with primary heat supplied by Pacific Power or Portland General Electric.

(b) On July 1 of each year, Pacific Power and Portland General Electric must furnish OHCS with a residential meter count for each county in Oregon. ECHO funds must be allocated to subgrantees based on the number of residential electric meters within each subgrantee’s service area.

(d) ECHO funds are subject to reallocation for special projects and pilots to programs other than those operated by subgrantees, once the funding needs of all subgrantees have been met.

(7) Any additional funds received for weatherization purposes above and beyond regular funding must be awarded to the subgrantees through an allocation formula as identified in OAR 813-205-0011(2).

(8) OHCS may move LIWAP funds from a subgrantee that is not spending allocated funds in a timely manner to a subgrantee that has expended its funds before the end of the funding period. A subgrantee is subject to at least annual OHCS reviews of the subgrantee’s spending patterns for the purpose of reallocating funds.

(9) Subgrantees may not purchase a vehicle or equipment with LIWAP funds, regardless of the cost of the vehicle or equipment, or purchase or lease one or more acquisitions when the cost of the purchase or lease exceeds $5,000, unless the subgrantee first receives authorization from OHCS.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505, ORS 757.612 & 10 CFR 440
OHCS 22-2022, amend filed 08/31/2022, effective 08/31/2022
OHCS 15-2022, temporary amend filed 06/29/2022, effective 07/01/2022 through 08/27/2022
OHCS 38-2019, amend filed 12/18/2019, effective 12/18/2019
OHCS 20-2018, amend filed 12/21/2018, effective 12/21/2018
OHCS 20-2013, f. & cert. ef. 12-18-13
OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13
OHCS 6-2007, f. & cert. ef. 1-11-07
OHCS 13-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
OHCS 19-2002, f. & cert. ef. 12-13-02
OHCS 9-2002(Temp), f. & cert. ef. 6-19-02 thru 12-15-02

Or. Admin. R. 813-205-0060 Dwelling Owner Authorization of Weatherization Projects

(1) A subgrantee may not provide LIWAP services unless the owner of a dwelling unit first gives written permission to the subgrantee. The permission must include the following information:

(a) The street address of the dwelling;

(b) The name of the owner of the dwelling and of the eligible tenant that is renting the dwelling, if applicable; and

(2) Prior to a subgrantee providing LIWAP services to a dwelling unit that is a rental, the subgrantee must:

(a) First obtained the written permission of the owner of the dwelling unit(s); and

(b) Establish procedures and obtain the approval of OHCS thereof, to ensure that:

(A) The dwelling is not currently for sale by the owner or is designated for acquisition, clearance or foreclosure under a federal, state or local program;

(B) The benefits of LIWAP services accrue primarily to the low-income household renting the unit;

(D) No undue or excessive increase in the value of the dwelling unit will occur as a result of LIWAP services; and

(E) LIWAP services will not be provided for a dwelling for which the tenant pays the cost of energy as part of their rent, unless the owner agrees to reduce rent to account for the reduction in fuel costs associated with the weatherization, that long term rent affordability is assured, or unless the investment of the energy savings in facilities or services offer measurable direct benefits to tenants.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505, ORS 757.612 & 10 CFR 440
OHCS 38-2019, amend filed 12/18/2019, effective 12/18/2019
OHCS 20-2018, amend filed 12/21/2018, effective 12/21/2018
OHCS 20-2013, f. & cert. ef. 12-18-13
OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13
OHCS 6-2007, f. & cert. ef. 1-11-07
OHCS 13-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
OHCS 9-2002(Temp), f. & cert. ef. 6-19-02 thru 12-15-02

Or. Admin. R. 813-205-0080 Monitoring

(1) An agency's annual audit is subject to monitoring by the department to verify accuracy of information received in the quarterly reports and so that questions raised by the department, the agency or the auditor may be answered.

(2) An agency’s quarterly reports and program data entered into the statewide database as specified by the department are subject to monitoring by the department so that the department may determine the agency’s compliance with program requirements, monitor spending patterns and chart changes in the program. An agency is subject to an on-site review by the department if the department determines that irregularities or questions raised by the department’s in-house review are sufficient to warrant the onsite review.

(3) An agency and the owner of any dwelling unit approved for program assistance is subject to such monitoring and on-site reviews by the department as it may require. The department may examine matters including, but not limited to the following in its off-site and on-site reviews and auditing functions:

(a) Financial records;

(b) The inventory system;

(d) Work completed;

(e) Agency post-installation inspection;

(f) Agency review; and

(g) Records of training and technical assistance provided by the agency.

(4) An agency also is subject to evaluations by the department of the agency’s performance under the program, including but not limited to the level of service provided, ease of access to applicants, error rate and compatibility with other community service programs. These evaluation functions may be performed separately or in conjunction with other auditing and review functions by the department.

(5) An agency shall cooperate fully with all department audit, review and evaluation requests and activities.

(6) An agency and the owner of a project receiving program assistance shall retain related financial records, supporting documents and all other pertinent records for six years after the receipt of assistance or after any litigation or audit claim is resolved, whichever is later.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505 & ORS 757.612
OHCS 20-2018, amend filed 12/21/2018, effective 12/21/2018
OHCS 20-2013, f. & cert. ef. 12-18-13
OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13
OHCS 6-2007, f. & cert. ef. 1-11-07
OHCS 13-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
OHCS 9-2002(Temp), f. & cert. ef. 6-19-02 thru 12-15-02

Division 206 OREGON MULTIFAMILY ENERGY PROGRAM (ORMEP)

Or. Admin. R. 813-206-0000 Program Administration, Authority

OAR 813-206-0000 through 813-206-0070 address protocols, standards, and requirements with respect to the Multifamily Energy Program (the "Program"), the purpose of which is to address energy efficiency needs of low-income households in multifamily housing. The department allocates funds for this program to eligible affordable multifamily rental housing developments (“Projects”) through developers and owners of such projects. Program funds are made available to the department from SB 1149 Electricity Public Purpose Charge account established in ORS 757.612(3)(b)(C) for this and other purposes under ORS 757.612(3)(b)(C) and other funding sources as they become available.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505 & 757.612
OHCS 6-2026, amend filed 03/23/2026, effective 03/23/2026
OHCS 27-2025, amend filed 06/23/2025, effective 06/24/2025
OHCS 52-2024, temporary amend filed 12/17/2024, effective 01/01/2025 through 06/29/2025
OHCS 16-2023, amend filed 07/14/2023, effective 07/14/2023
OHCS 4-2020, temporary amend filed 03/19/2020, effective 03/19/2020 through 09/14/2020
OHCS 27-2019, amend filed 08/29/2019, effective 09/03/2019
OHCS 19-2018, minor correction filed 10/26/2018, effective 10/26/2018
OHCS 17-2018, renumbered from 813-205-0085, filed 10/25/2018, effective 10/25/2018
OHCS 9-2018, amend filed 06/05/2018, effective 06/05/2018
OHCS 2-2018, temporary amend filed 02/07/2018, effective 02/07/2018 through 08/05/2018
OHCS 20-2013, f. & cert. ef. 12-18-13
OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13
OHCS 6-2007, f. & cert. ef. 1-11-07
OHCS 13-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07

Or. Admin. R. 813-206-0010 Manuals and Guidance

Policies and instructions for this program are outlined in the Multifamily Energy Program Manual, dated January 27, 2026, incorporated herein by this reference (“Manual”). Other applicable policies, standards, and requirements are contained in the department's administrative rules of Chapter 813.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505 & 757.612
OHCS 6-2026, adopt filed 03/23/2026, effective 03/23/2026

Or. Admin. R. 813-206-0020 Eligible Applicants

(1) Any of the following (an "Applicant") may apply to the department for funding of a qualifying project under the Multifamily Energy Program in the role of a developer or owner of the project:

(a) A for-profit business,

(b) A local government entity including, but not limited to, a city, county or housing authority;

(c) A not-for-profit organization, including but not limited to, a not-for-profit community organization, a regional or statewide not-for-profit entity, a private individual, or a not-for-profit corporation; or

(d) Any other entity specifically identified by the department as an eligible applicant in an application or award process with respect to program funds.

(2) Applications may be submitted on such terms and at such times as the department may from time to time establish. The department also may choose to award program funds to assist projects on its own initiative.

(3) Prior to receiving program funds, an applicant or any other awardee of program funds must satisfy all conditions precedent to such receipt established by the department including, but not limited to, entering into a financing assistance agreement and other program documents (collectively, “Program Documents”) required by and satisfactory to the department in its sole discretion, including (and without limitation) documents to ensure compliance with program requirements, including the recording of applicable program documents in the official records of the relevant counties so as to create restrictive covenants running with the real property of the project to further ensure continuing compliance with, inter alia, all habitability, maintenance, repair, and affordability requirements of the program funding.

(4) Any program funding also is contingent upon timely and continuing compliance by applicants and project owners, as determined by the department to its satisfaction, with all applicable program requirements, including but not limited to applicable department administrative rules (including the manual), orders (including corrective notices), relevant procurement and other application standards, program documents, as well as other applicable federal, state, and local laws, codes, rules, ordinances, regulations and orders (all of the foregoing, including as amended from time to time, the “Program Requirements”).

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505 & ORS 757.612
OHCS 17-2018, renumbered from 813-205-0100, filed 10/25/2018, effective 10/25/2018
OHCS 9-2018, amend filed 06/05/2018, effective 06/05/2018
OHCS 2-2018, temporary amend filed 02/07/2018, effective 02/07/2018 through 08/05/2018
OHCS 20-2013, f. & cert. ef. 12-18-13
OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13
OHCS 6-2007, f. & cert. ef. 1-11-07
OHCS 13-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07

Or. Admin. R. 813-206-0030 Eligible Projects

(1) To be a project eligible for Multifamily Energy Program funding, the project must satisfy applicable program requirements, including the requirements of all other department financial assistance programs applicable to the project, including, but not limited to, use for its development or ongoing financing.

(2) Existing or new construction affordable multifamily properties with five (5) or more dwelling units per building are eligible to be qualifying projects for program funding, whether low-rise, mid-rise or high-rise multifamily buildings. Campuses of duplexes, triplexes, and quadplexes will be considered on a case-by-case basis.

(3) Successful applicants for program funding must satisfy applicable program requirements, including relevant procurement and application requirements, as well as requirements of all other department financial assistance programs from which funding will be used for development or financing of the project.

(4) Program funding sourced from the SB 1149 Electricity Public Purpose Charge account is reserved for projects located in the PacifiCorp or Portland General Electric service areas. Such projects, to be eligible for program funding, also must use a hard-wired electrical system to qualify for program funding.

(5) Applications for program funding for projects located outside PacifiCorp and Portland General Electric service areas are subject to acceptance by the department only when funds from sources other than SB 1149 Electricity Public Purpose Charge account resources are available.

(6) The following project costs are eligible for reimbursement under the program:

(a) New construction costs related to higher-than-code minimums on insulation, windows, appliances, lighting, ventilation, domestic hot water, and electric heating systems; and

(b) Acquisition/rehabilitation costs related to upgrades from original levels of insulation, windows, appliances, lighting, ventilation, domestic hot water, and electric heating systems.

(7) Program funding is primarily intended to benefit dwelling units (“Qualified Units”) within eligible projects that are or will be reserved for occupancy by qualifying low-income households (“Qualified Tenants”) in accordance with program requirements, but may be used to reimburse eligible reimbursement costs throughout the project as authorized by the department.

(8) To be a qualified tenant, household income at the time of occupancy, at a minimum, must not exceed 80 percent of the area median income, adjusted for family size, as determined by the department based upon information from the U.S. Department of Housing and Urban Development (“HUD”). Notwithstanding the foregoing, the department may establish area median income requirements for some or all qualified units in a project as it chooses in its sole discretion, including in consideration of the amount of program funding provided for the project.

(9) To be an eligible project for program funding, at least one-half of the dwelling units in the project normally must be qualified units. Notwithstanding the foregoing, the department may establish such other ratio or number of qualified units in a project as it chooses in its sole discretion, particularly in consideration of the amount of program funding provided for the project.

(10) Qualified units must remain rent-restricted throughout the affordability period in accordance with program requirements, including the terms and conditions of the project financial assistance agreement, to ensure the affordability of qualified units. Acceptable affordability of rents typically means rents that a person or family with an income, adjusted for family size, at the maximum level to be deemed a qualified tenant, does not equal more than 30 percent of the gross income of such qualified tenant or as otherwise allowed by the department.

(11) Restrictions on rents will be determined by the department on the basis of gross rents, i.e., inclusive of utilities and other costs determined by the department as appropriate for inclusion in the calculation of rents so as to preserve the affordability of and access to qualified units. The department may require its prior written approval of initial rents for qualified units and for any subsequent adjustments of such rents. It also may require such information from the project owner with respect to project rents and tenant incomes as it deems appropriate in evaluating appropriate rent levels.

(12) The project must remain affordable, i.e., with the identified number of appropriately rent-restricted qualified units occupied or held available for occupancy by qualified tenants, for a minimum of 10 years or such longer period identified by the department in the application or award process or otherwise (the “Affordability Period”), unless superseded by other department resource requirements.

(13) In developing projects or otherwise in satisfying applicable program requirements, including the use of program or other funds, applicants and others, including project owners, may be subject to Oregon’s Prevailing Wage Law (“OPWL”). Applicants and others, including project owners, must provide documentation acceptable to the department as to whether or not their project is subject to OPWL and, if applicable, their compliance with same before, and as a condition of the, receipt of program funds.

(14) Unless otherwise approved in writing by the department:

(a) Owners of projects must be single-asset entities (with the asset being the project).

(b) The applicant and the owner of the project must be registered with and authorized to do business in the State of Oregon by the Office of the Secretary of State.

(c) The project may not have any liens or encumbrances prior to or that impair the liens and encumbrances associated with the program and other department funding.

(d) The project and owner may not have debts, liens, or encumbrances not approved in writing by the department.

(e) The project must include fee simple ownership by the owner of the project site real property.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505 & ORS 757.612
OHCS 17-2018, renumbered from 813-205-0110, filed 10/25/2018, effective 10/25/2018
OHCS 9-2018, amend filed 06/05/2018, effective 06/05/2018
OHCS 2-2018, temporary amend filed 02/07/2018, effective 02/07/2018 through 08/05/2018
OHCS 20-2013, f. & cert. ef. 12-18-13
OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13
OHCS 6-2007, f. & cert. ef. 1-11-07
OHCS 13-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07

Or. Admin. R. 813-206-0040 Eligible Activities

(1) Under the Multifamily Energy Program, an eligible applicant may provide services and applications including, but not limited to one or more of the following: a general weatherization measure that includes, but is not limited to, general heat waste, insulation replacement or installation, health and safety improvements, baseload measures, alternative energy applications, and various energy efficient technology.

(2) To be eligible under this section, an activity must demonstrate measurable cost-effective energy conservation to the department’s satisfaction. An energy-efficient application for the program must show first year savings based, as applicable in the department’s determination, on a pre-determined number of kilowatts, therms or other units of power measurements for each conservation dollar invested

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505 & ORS 757.612
OHCS 17-2018, renumbered from 813-205-0120, filed 10/25/2018, effective 10/25/2018
OHCS 9-2018, amend filed 06/05/2018, effective 06/05/2018
OHCS 2-2018, temporary amend filed 02/07/2018, effective 02/07/2018 through 08/05/2018
OHCS 20-2013, f. & cert. ef. 12-18-13
OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13
OHCS 6-2007, f. & cert. ef. 1-11-07
OHCS 13-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07

Or. Admin. R. 813-206-0050 Fund Uses

(1) The department may disburse funds under the Multifamily Energy Program in the form of grants, loans, or other means, and upon such terms and conditions that, consistent with law, it determines to be necessary or appropriate in its sole discretion. Applicants and others, including project owners, must execute funding and related program documents as are required by and satisfactory to the department in its sole discretion. Any documents required by the department to be recorded, shall be so recorded at the expense of the applicant or other applicable party. The reservation of an award of Multifamily Energy Program funds by the department is contingent on timely satisfying to the department’s satisfaction all applicable program requirements, including but not limited to applicable department administrative rules (including the manual), orders, procurement standards, program documents, as well as other applicable federal, state, and local laws, codes, rules, ordinances, regulations and orders (all of the foregoing, including as amended from time to time, the “Program Requirements”).

(2) All program funding awards under subsection (1) are subject to the availability of program funds, the department having continued funding, appropriation, limitation, allotment, or other expenditure authority sufficient to allow it, in the exercise of its reasonable administrative discretion, to disburse or obligate such funds, the execution of financing assistance agreements or other program documents (collectively, “Program Documents”) required by and satisfactory to the department in its sole discretion, and as applicable, approval by the Housing Stability Council pursuant to ORS 456.561.

(3) OHCS will prioritize available program funding in the following manner:

(a) First priority will go to successful applicants in department NOFA processes.

(b) Second priority will go to department bond program applicants. Related funding awards will require 10 years affordability and, depending upon the combination of funds involved, limit qualified tenants to not more than 50% or 60% AMI.

(d) Final priority will go to program applicants that do not fall into subsections (3)(a)-(c) above.

(4) Program funding awards are subject, inter alia, to 10-year project affordability in conformance with program requirements.

(5) Notwithstanding the foregoing, the department reserves the right to award an amount of program funds through a pilot program for projects qualifying thereunder on a first-come, first-served basis or otherwise.

History

Statutory/Other Authority: ORS 456.515 - 456.725 & ORS 458.505 - 458.545
Statutes/Other Implemented: ORS 458.505 - 458.515
OHCS 17-2018, renumbered from 813-205-0130, filed 10/25/2018, effective 10/25/2018
OHCS 9-2018, amend filed 06/05/2018, effective 06/05/2018
OHCS 2-2018, temporary amend filed 02/07/2018, effective 02/07/2018 through 08/05/2018
OHCS 20-2013, f. & cert. ef. 12-18-13
OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13
OHCS 6-2007, f. & cert. ef. 1-11-07
OHCS 13-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07

Or. Admin. R. 813-206-0060 General Administrative and Monitoring Requirements

(1) An applicant or owner of a project approved for Multifamily Energy Program funding shall timely submit to the department such information as the department may require for the purpose, inter alia, of compliance monitoring by same.

(2) An applicant or owner of a project approved for program funding is subject to such reviews and field inspections as the department determines to be necessary or appropriate including, but not limited to, ensuring the applicant’s and project owner’s compliance with program requirements. The applicant and project owner shall cooperate fully with all reviews and field inspections, timely comply with any resulting correction directives, and make all records available for inspection and copying.

(3) A recipient of program funding, whether directly or indirectly, any owner of a program-funded project, and any property management agent for the project shall retain related financial and operational records, supporting documents, and all other relevant records for six years after the termination of the affordability period or for two years after any litigation or claim with respect to the project or program funding is resolved, whichever is later.

(4) The department may take such actions, exercise such remedies, require the execution of program documents or such other documents, and require such information from applicants and others, including project owners, as it determines to be necessary or appropriate. The expression of these rights and remedies is not exclusive of other rights and remedies that may be available to the department. Any waiver of a department right or remedy must be in a writing signed by an authorized person and shall be limited to the express terms of such waiver, which waiver may be revoked by the department at its sole discretion. No waiver shall be construed as continuing unless expressly so stated in the signed writing from the department.

History

Statutory/Other Authority: ORS 456.515 - 456.725 & ORS 458.505 - 458.545
Statutes/Other Implemented: ORS 458.505 - 458.515
OHCS 17-2018, renumbered from 813-205-0145, filed 10/25/2018, effective 10/25/2018
OHCS 9-2018, amend filed 06/05/2018, effective 06/05/2018
OHCS 2-2018, temporary amend filed 02/07/2018, effective 02/07/2018 through 08/05/2018
OHCS 20-2013, f. & cert. ef. 12-18-13
OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13

Or. Admin. R. 813-206-0070 Transfers; Charges

(1) An owner may not assign, sell, convey, or otherwise transfer (“Transfer”) any interest in the owner or project without the prior written permission of the department. The department may condition any such consent at its sole discretion.

(2) The department may charge applicants and others, including project owners, for the reasonably anticipated or incurred costs of its administration of the Multifamily Energy Program. Such charges may include, but are not limited to, the following:

(a) A non-refundable application and/or award charge.

(b) A supplemental application and/or award charge related to requests and/or awards for additional department resources for a project.

(c) Charges to cover department, legal, and other costs associated with the preparation, negotiation, and execution of program and related documents.

(d) Transfer application and review charges.

(e) Program monitoring, enforcement, and/or litigation charges.

(f) Administrative review charges.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505, ORS 458.510 & ORS 757.612
OHCS 17-2018, renumbered from 813-205-0150, filed 10/25/2018, effective 10/25/2018
OHCS 9-2018, amend filed 06/05/2018, effective 06/05/2018
OHCS 2-2018, temporary amend filed 02/07/2018, effective 02/07/2018 through 08/05/2018
OHCS 20-2013, f. & cert. ef. 12-18-13
OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13

Division 207 STATE HOME OIL WEATHERIZATION PROGRAM (SHOW)

Or. Admin. R. 813-207-0000 Purpose and Objective

The rules of OAR chapter 813, division 207 outline the requirements for Oregon Housing and Community Services (OHCS) to administer and implement the State Home Oil Weatherization (SHOW) Program, as governed by ORS 456.594 to 456.599. Program funding originates through the annual Petroleum Supplier Assessment (PSA), as established in ORS 456.595 and described in ORS 469.421. The purpose of the SHOW Program is to offer cash payments to applicants for completing energy conservation measures on existing Oregon dwellings with primary space heating fuel obtained from fuel oil dealers.

History

Statutory/Other Authority: ORS 456.594-456.599
Statutes/Other Implemented: ORS 456.594-456.599 & 469.421
OHCS 22-2026, amend filed 07/29/2026, effective 08/01/2026
OHCS 40-2019, amend filed 12/30/2019, effective 12/30/2019
OHCS 15-2018, adopt filed 09/10/2018, effective 09/10/2018

Or. Admin. R. 813-207-0010 Definitions

Terms used throughout OAR chapter 813, division 207 may be defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions except as defined below:

(1) "Cash payment" has the meaning given in ORS 456.594 and includes those payments made to grantees.

(2) "Contractor" has the meaning given in ORS 456.594 and includes subcontractors.

(3) "Distillate fuel oil" means a general classification of petroleum products, including diesel fuels and fuel oils, which is used for a variety of purposes, including, but not limited to, diesel engine and motor fuel, space heating (as defined in OAR 813-207-00010(17)), and electric power generation. Common names for "distillate fuel oil" include, but are not limited to, dyed diesel #1 or #2, off-highway fuel, fuel oil, and heating oil.

(4) "Dwelling" has the meaning given in ORS 456.594. For multiple-unit residential housing, all units that share a common space (i.e. kitchen, bathroom) or are not all-inclusive with independent common spaces are to be considered part of a single dwelling.

(5) "Dwelling owner" has the meaning given in ORS 456.594.

(6) "Energy conservation items" has the meaning given in ORS 456.594.

(7) "Energy conservation measures" or "measures" has the meaning given in ORS 456.594.

(8) "Fuel oil dealer" has the meaning given in ORS 456.594. Eligible fuel oil dealers may include those who deliver or provide service into Oregon.

(9) "Grantee," means a non-profit contractor, including those established through government or other public entity service, that maintains a grant agreement with OHCS to be eligible for SHOW Program cash payments in exchange for providing no-cost weatherization services to low-income households occupying eligible dwellings.

(10) "Gross operating revenue" has the meaning given in ORS 469.421.

(11) "Household" means any individual living alone, a family with or without children, or a group of individuals who are living together as one economic unit.

(12) "Household income" means the total annual income of a household before taxes from all sources. Specific sources and deductions are outlined in the SHOW Program Manual.

(13) "Low-income" means total annual household income at or below 200% of the Federal Poverty Level, as established and provided annually by the U.S. Department of Energy (USDOE).

(14) "Petroleum supplier" has the meaning given in ORS 456.594.

(15) "Program" or "SHOW" means the State Home Oil Weatherization Program governed by ORS 456.594 to 456.599 and administered by OHCS pursuant to this division and other applicable law.

(16) "SHOW Program Manual" or "Manual" means the SHOW Program Manual, as described in OAR 813-207-0015.

(17) "Space heating" has the meaning given in ORS 456.594 through methods including, but not limited to, forced air heating and radiant heating.

(18) "Tenant" has the meaning given in ORS 456.594.

(19) "Wholesale" means the sale to retailers for the purpose of resale.

History

Statutory/Other Authority: ORS 456.594-456.599
Statutes/Other Implemented: ORS 456.594-456.599 & 469.421
OHCS 8-2020, amend filed 05/07/2020, effective 05/07/2020
OHCS 40-2019, amend filed 12/30/2019, effective 12/30/2019
OHCS 15-2018, adopt filed 09/10/2018, effective 09/10/2018

Or. Admin. R. 813-207-0015 Manuals

The State Home Oil Weatherization Program Manual (SHOW Program Manual) with the requirements and standards therein, dated August 1, 2026, is incorporated into and adopted as part of this division of administrative rules, by reference. The SHOW Program Manual may be accessed online at the OHCS website.

History

Statutory/Other Authority: ORS 456.594-456.599
Statutes/Other Implemented: ORS 456.594-456.599 & ORS 469.421
OHCS 22-2026, amend filed 07/29/2026, effective 08/01/2026
OHCS 51-2024, amend filed 11/27/2024, effective 12/01/2024
OHCS 35-2024, amend filed 09/25/2024, effective 09/25/2024
OHCS 5-2024, temporary amend filed 04/22/2024, effective 04/22/2024 through 10/18/2024
OHCS 8-2020, adopt filed 05/07/2020, effective 05/07/2020

Or. Admin. R. 813-207-0020 Program Funding

(1) The SHOW Program is funded through the Petroleum Supplier Assessment (PSA), which OHCS may conduct annually. When OHCS conducts the PSA, OHCS must assess the petroleum suppliers’ gross operating revenue derived from wholesale distribution of distillate fuel oil in Oregon, which does not include gallons of fuel subject to tax outlined in Article IX, section 3a, of the Oregon Constitution, ORS 319.020, or ORS 319.530.

(2) OHCS shall convene a public meeting to engage essential program stakeholders and other interested parties on an annual basis to discuss proposed program funding requirements and projected allocations, even if OHCS elects not to conduct an assessment. Essential program stakeholders may include, but are not limited to, petroleum suppliers, fuel oil dealers, and related representative organizations.

(3) OHCS must conduct the PSA following the specific instructions outlined in the Manual.

(4) OHCS must deposit funds generated from the PSA into the Oil-Heated Dwellings Energy Account.

History

Statutory/Other Authority: ORS 456.594-456.599
Statutes/Other Implemented: Oregon Constitution (Article IX, section 3a), ORS 319.020, 319.530 & ORS 456.594-456.599
OHCS 51-2024, amend filed 11/27/2024, effective 12/01/2024
OHCS 40-2019, amend filed 12/30/2019, effective 12/30/2019
OHCS 15-2018, adopt filed 09/10/2018, effective 09/10/2018

Or. Admin. R. 813-207-0030 Grant Agreements

OHCS may enter into grant agreements with grantees to award SHOW Program cash payments in exchange for providing no-cost energy conservation items and measures through weatherization assistance to low-income households occupying eligible dwellings. Amounts awarded to each grantee may be based on historical use and projected need within each of the grantee’s service area(s).

History

Statutory/Other Authority: ORS 456.594-456.599
Statutes/Other Implemented: ORS 456.594-456.599
OHCS 35-2024, amend filed 09/25/2024, effective 09/25/2024
OHCS 5-2024, temporary amend filed 04/22/2024, effective 04/22/2024 through 10/18/2024
OHCS 40-2019, amend filed 12/30/2019, effective 12/30/2019
OHCS 15-2018, adopt filed 09/10/2018, effective 09/10/2018

Or. Admin. R. 813-207-0040 Eligible Applicants & Dwellings

The following applicants and dwellings are eligible to apply for SHOW Program cash payments, based on each eligible measure completed (see OAR 813-207-0060):

(1) For dwelling owners as the applicant:

(a) Dwelling owners or their contractors may complete the measures on behalf of themselves or their tenants.

(b) Dwelling owners or their tenants must use the dwellings as their primary residence and obtain primary space heating fuel from an eligible fuel oil dealer at the time of application.

(c) Dwelling owners must continue to obtain primary space heating fuel from an eligible fuel oil dealer once all measures included in the application have been completed.

(2) For contractors (including for-profit, non-profit, and grantees) as the applicant:

(a) Contractors may complete the measures on behalf of dwelling owners or their tenants.

(b) For-profit contractors must pass forward the amount of the cash payment as a discount to the dwelling owner at time of payment for the contracted work.

(c) Contractors must confirm that the dwelling owners or their tenants use the dwelling as their primary residence and that primary space heating fuel is obtained from an eligible fuel oil dealer both at the time of application and once all measures included in the application have been completed.

History

Statutory/Other Authority: ORS 456.594-456.599
Statutes/Other Implemented: ORS 456.594-456.599
OHCS 22-2026, amend filed 07/29/2026, effective 08/01/2026
OHCS 51-2024, amend filed 11/27/2024, effective 12/01/2024
OHCS 40-2019, amend filed 12/30/2019, effective 12/30/2019
OHCS 15-2018, adopt filed 09/10/2018, effective 09/10/2018

Or. Admin. R. 813-207-0050 Application Procedure

(1) All applicants must submit a complete SHOW Program Cash Payment Application to OHCS to be considered for eligibility for SHOW Program cash payments. OHCS will make applications available for public access. Documentation for proof of eligibility is indicated in the Manual.

(2) Complete applications for SHOW Program cash payments must include:

(a) The SHOW Program Cash Payment Application, completed in full.

(b) Proof of purchase from or delivery by a fuel oil dealer for primary heating fuel for the eligible dwelling.

(A) For dwelling owners as the applicant, receipts of all eligible energy conservation measures completed must be marked paid in full on or before the date of the application. Measures completed without the assistance of contractors must include proof of installation.

(B) For contractors as the applicant, invoices for all eligible energy conservation measures must be completed on or before the date of the application. Measures completed may require proof of installation as requested by OHCS.

(d) Proof of low-income status (for Tier 1 cash payments only if eligible):

(A) For dwelling owners or their tenants occupying the dwelling, documentation of income for the entire household is required to verify proof of low-income status. Households who currently occupy the dwelling and have received OHCS-funded energy assistance in the 12 months prior to the application date are considered eligible for Tier 1 cash payments.

(B) For contractors, documentation of income—as described in part A above—is required to verify proof of low-income status. Occupying households may coordinate directly with OHCS SHOW Program staff to determine low-income eligibility. OHCS SHOW Program staff will notify the contractor of eligibility once determined.

(3) OHCS will review applications for eligibility on a first-come, first-served basis and award cash payments subject to availability of funding.

History

Statutory/Other Authority: ORS 456.594-456.599
Statutes/Other Implemented: ORS 456.594-456.599
OHCS 22-2026, amend filed 07/29/2026, effective 08/01/2026
OHCS 51-2024, amend filed 11/27/2024, effective 12/01/2024
OHCS 35-2024, amend filed 09/25/2024, effective 09/25/2024
OHCS 40-2019, amend filed 12/30/2019, effective 12/30/2019
OHCS 15-2018, adopt filed 09/10/2018, effective 09/10/2018

Or. Admin. R. 813-207-0060 Specifications of Cash Payments

(1) All eligible applicants who submit a completed SHOW Program Cash Payment Application to OHCS may qualify for cash payments of the following tiers:

(a) Tier 1: Eligible applicants may qualify for cash payments of Tier 1 based on eligible measures completed at the time of application and after verification of low-income status for the household occupying the eligible dwelling. Cash payments may be awarded following these cumulative maximums per measure category and are subject to paragraph (2) of this section:

(A) Up to $5,700 for eligible heating system measures.

(B) A cumulative total up to $17,600 for eligible insulation measures completed per dwelling envelope areas, which include:

(i) Up to $5,900 for ceiling/attic area,

(ii) Up to $6,500 for floor/subfloor area, and

(iii) Up to $5,200 for wall area.

(D) Up to $500 for air infiltration, and

(E) Up to $1,000 for occupant health and safety and building code requirements.

(b) Tier 2: Eligible applicants may qualify for cash payments of Tier 2 based on eligible measures completed at the time of application. Cash payments may be awarded following these cumulative maximums per measure category and are subject to paragraph (2) of this section:

(A) Up to $3,800 for eligible heating system measures.

(B) A cumulative total up to $6,600 for eligible insulation measures completed per dwelling envelope area, which include:

(i) Up to $3,000 for ceiling/attic area,

(ii) Up to $1,800 for floor/subfloor area, and

(iii) Up to $1,800 for wall area.

(D) Up to $500 for air infiltration, and

(E) Up to $1,000 for occupant health and safety and building code requirements.

(2) Total cash payments over the lifetime of the SHOW Program for all measure categories awarded to a single dwelling may not exceed $30,700.

(3) No unique measure may be claimed more than once on any SHOW Program Cash Payment Application over the lifetime of the SHOW Program.

(3) The OHCS Executive Director may designate and reserve a percentage of SHOW Program funds specifically for the purposes of awarding Tier 1 cash payments.

History

Statutory/Other Authority: ORS 456.594-456.599
Statutes/Other Implemented: ORS 456.594-456.599
OHCS 51-2024, amend filed 11/27/2024, effective 12/01/2024
OHCS 40-2019, amend filed 12/30/2019, effective 12/30/2019
OHCS 15-2018, adopt filed 09/10/2018, effective 09/10/2018

Or. Admin. R. 813-207-0070 Eligible Energy Conservation Items and Measures

(1) Energy conservation items and measures listed below are eligible for SHOW Program cash payments and are intended for the purposes of improving the space heating and energy utilization. Measures are subject to eligibility requirements and specifications as outlined in the Manual. Minimum specifications are identified below, unless local building code or other applicable specifications apply (see OAR 813-207-0080):

(a) Heating system measures:

(A) Installation of new heating equipment that operates with heating fuel obtained from fuel oil dealers and is more efficient than and replaces existing units, including, but not limited to, furnaces, stoves, and boilers.

(B) Replacement of heating equipment components, including, but not limited to, burners, electrical controls, and combustion chambers.

(C) Installation, replacement, or repair of heating equipment or its components—attached or otherwise—that enables its safe and efficient operation, including, but not limited to, repair of fuel lines and tanks and annual maintenance.

(D) Insulation, sealing, repair, or replacement of ductwork.

(E) Installation of programmable thermostats.

(b) Insulation measures:

(A) Insulation of ceiling and attic regions to a minimum of R-49 (or that fills the cavity).

(B) Insulation of subfloor regions to a minimum of R-30 (or that fills the cavity).

(A) Replacement of exterior windows that meet a minimum value rating of U-0.30. Pre-assembled glass or solid acrylic storm windows are considered eligible substitutions of permanent glass windows.

(B) Replacement of exterior sliding glass or patio doors that meet a minimum value rating of U-0.30. To be eligible, exterior doors must separate unheated spaces (including areas such as garages and basements) from heated, living spaces.

(C) Replacement of exterior doors that have a solid core or are insulated. To be eligible, exterior doors must separate unheated spaces (including areas such as garages and basements) from heated, living spaces.

(d) Air sealing measures: Includes, but is not limited to, application of caulking, installation of weatherstripping, and conducting pressure testing.

(e) Occupant health and safety measures and building code requirements: Includes, but is not limited to, performance of combustion appliance safety testing, repair of electrical components or physical hazards, assessment of fire hazards, addressing moisture intrusion issues, addressing indoor air quality issues, and addressing shared vent or flue issues.

(2) Measures applied to new construction dwellings or new construction on existing dwellings are not eligible for the SHOW Program. These newly constructed spaces do not have established space heating and energy utilization baselines from which to measure efficiency improvement.

(3) Applicants must submit SHOW Program Cash Payment Applications no more than one year from the date of installation of eligible measures. OHCS may provide exceptions on a case-by-case basis.

(4) For dwellings in multi-unit residential housing or commercial buildings:

(a) Applicants are not required to complete uniform measures across all dwellings. SHOW Program Cash Payment Applications should reflect those actual measures completed.

(b) Common or shared measure costs, such as those incurred when replacing a shared heating system or insulating a common subfloor in a duplex, must be prorated by the square footage of each dwelling unit affected to the total dwelling square footage served by the measures.

(5) Fuel-switching measures that shift primary heating fuel from that obtained from a fuel oil dealer to a non-fuel oil dealer or provider, including but not limited to electricity or natural gas, are not eligible for SHOW Program cash payments.

History

Statutory/Other Authority: ORS 456.594-456.599
Statutes/Other Implemented: ORS 456.594-456.599 & 10 CFR Chapter II Subchapter D
OHCS 22-2026, amend filed 07/29/2026, effective 08/01/2026
OHCS 51-2024, amend filed 11/27/2024, effective 12/01/2024
OHCS 35-2024, amend filed 09/25/2024, effective 09/25/2024
OHCS 5-2024, temporary amend filed 04/22/2024, effective 04/22/2024 through 10/18/2024
OHCS 40-2019, amend filed 12/30/2019, effective 12/30/2019
OHCS 15-2018, adopt filed 09/10/2018, effective 09/10/2018

Or. Admin. R. 813-207-0080 Contractor and Grantee Warranty Requirements

The following are requirements upon any contractor or grantee completing eligible measures for SHOW Program cash payments:

(1) The installation contractor or grantee must comply with all applicable federal, state, and local laws and regulations when completing eligible measures.

(2) The installation contractor or grantee must provide warranties on labor and installation of energy conservation measures for at least one year after the installation date. The installation contractor or grantee must forward any warranties on materials, manufacturing process, and design to the dwelling owner.

History

Statutory/Other Authority: ORS 456.594-456.599
Statutes/Other Implemented: ORS 456.594-456.599
OHCS 22-2026, amend filed 07/29/2026, effective 08/01/2026
OHCS 40-2019, amend filed 12/30/2019, effective 12/30/2019
OHCS 15-2018, adopt filed 09/10/2018, effective 09/10/2018

Or. Admin. R. 813-207-0090 Remedies and Repayment

Applicants who knowingly make false statements or misrepresentations of any factor with respect to eligibility or who falsify application materials must repay all SHOW Program cash payments paid to them under the false information. The remedies provided for in this rule are in addition to any civil or criminal fines or penalties applicable under law, including any applicable provisions of federal, state, or local law. Failure to follow these rules will make the applicants ineligible for future eligibility under the SHOW Program.

History

Statutory/Other Authority: ORS 456.594-456.599
Statutes/Other Implemented: ORS 456.594-456.599 & ORS 162.085
OHCS 40-2019, amend filed 12/30/2019, effective 12/30/2019
OHCS 15-2018, adopt filed 09/10/2018, effective 09/10/2018

Division 210 COMMUNITY SERVICES BLOCK GRANT PROGRAM (CSBG)

Or. Admin. R. 813-210-0001 Purpose and Objectives

The purpose of OAR chapter 813, division 210 is to administer the federal Community Services Block Grant (CSBG) program. Funding for CSBG comes from federal funds authorized by the U.S. Department of Health and Human Services (HSS) in 42 USC 106. Oregon Housing and Community Services (OHCS) is designated as the state agency responsible for administering state and federal antipoverty programs in Oregon. The purpose of CSBG, which is one such program, is to alleviate the causes and conditions of poverty in local communities by providing services and activities designed to increase self-sufficiency for eligible households.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 42 USC 106 & ORS 458.505
OHCS 39-2019, amend filed 12/23/2019, effective 12/23/2019
OHCS 14-2015, f. & cert. ef. 8-25-15
Reverted to OHCS 2-2002, f. & cert. ef. 4-15-02
Temporary Suspended by OHCS 21-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 7-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 2-2002, f. & cert. ef. 4-15-02

Or. Admin. R. 813-210-0009 Definitions

Terms used throughout this division (OAR 813-210) may be defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions, except as defined below:

(1) "CSBG" means the Community Services Block Grant program administered by OHCS pursuant to this division and other applicable law.

(2) "CSBG requirements" means these administrative rules; all funding agreement terms and conditions; OHCS directives (including deficiency notices); and applicable state, local, and federal laws and requirements.

(3) "CSBG services" means services as defined in OAR 813-210-0025, which are eligible activities.

(4) "Household" means an individual living alone, a family with or without children or a group of individuals who are living together as one economic unit.

(5) "Low-income household" means a household with an annual household income at or less than 125% of the federal poverty guidelines.

(6) "Migrant and seasonal farmworker organization" means a private nonprofit organization organized under ORS Chapter 65 that serves migrant and seasonal farmworkers and their families.

(7) "Self-sufficiency" means meeting basic needs and achieving stability in areas including, but not limited to, housing, household income, nutrition and health care, and accessing needed services.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 42 USC 106 & ORS 458.505
OHCS 8-2020, amend filed 05/07/2020, effective 05/07/2020
OHCS 39-2019, amend filed 12/23/2019, effective 12/23/2019
OHCS 14-2015, f. & cert. ef. 8-25-15
OHCS 21-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 7-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 2-2002, f. & cert. ef. 4-15-02, Renumbered from 813-210-0000
OHCS 2-2001(Temp), f. & cert. ef. 10-3-01 thru 4-1-02
HSG 7-1993, f. & cert. ef. 10-1-93
HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-060-0000
HR 3-1983, f. & cert. ef. 11-25-83
HR 5-1982, f. & cert. ef. 2-5-82

Or. Admin. R. 813-210-0014 Administration

(1) OHCS may contract with subgrantees to provide eligible CSBG services (see OAR 813-210-0025) in service areas in such manner to provide holistic coverage statewide without duplication or overlap of services. In a service area where a Community Action Agency (CAA) exists, the CAA has the conditional right of first refusal to serve as the subgrantee for the given service area.

(2) OHCS will allocate CSBG funds to all subgrantees through a formula established by OHCS prior to the allocation process. OHCS reserves the right to modify such formula at any time in its sole discretion.

(3) A subgrantee may establish subrecipients that meet the requirements of ORS 458.505(4) to provide eligible CSBG services in the subgrantee’s service area.

(4) Subgrantees shall, at a minimum, provide CSBG services to eligible applicants or households and meet CSBG requirements. Whenever appropriate, subgrantees may assist eligible households in accessing other services designed to stabilize housing.

(5) Subgrantee representatives must attend and participate in CSBG-related training made available or conducted by OHCS.

(6) A designated portion of CSBG funds are reserved for subgrantees and their subrecipients to use for administrative costs. Subgrantees and their subrecipients may expend up to a determined amount as authorized by OHCS and outlined in the funding agreement.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 42 USC 106 & ORS 458.505
OHCS 39-2019, amend filed 12/23/2019, effective 12/23/2019
OHCS 14-2015, f. & cert. ef. 8-25-15

Or. Admin. R. 813-210-0021 Applicant Eligibility

CSBG services may be available to low-income households who are in need of assistance to meet basic needs and achieve self-sufficiency.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 42 USC 106 & ORS 458.505
OHCS 39-2019, amend filed 12/23/2019, effective 12/23/2019
OHCS 16-2019, minor correction filed 07/03/2019, effective 07/03/2019
OHCS 14-2015, f. & cert. ef. 8-25-15

Or. Admin. R. 813-210-0025 Use of Funds

(1) Use of CSBG funding must be for implementing different strategic approaches designed to reduce or eliminate one or more conditions that block the achievement of self-sufficiency for eligible households. Such strategies must have measurable and potentially major impacts on the causes of poverty in communities in the service area where poverty is a particularly acute problem.

(2) CSBG funds may be used for allowable CSBG services and activities in compliance with CSBG requirements. These services and activities may include, but are not limited to, helping eligible households:

(a) Secure and retain meaningful employment;

(b) Attain an adequate education;

(d) Obtain and maintain adequate housing and a suitable living environment;

(e) Obtain emergency assistance through loans or grants to meet immediate and urgent individual and family needs, including the need for health services, nutritious food, housing and employment-related assistance;

(f) Remove obstacles and solve problems that block the achievement of self-sufficiency;

(g) Achieve greater participation in the affairs of the community; and

(h) Make effective use of other programs related to the purpose of CSBG.

(3) A subgrantee may also use CSBG funds for a variety of services and activities intended to reduce or eliminate poverty conditions in communities in the service area, including, but not limited to:

(a) Providing, on an emergency basis, supplies and services, nutritious food, and related services as may be necessary to counteract conditions of starvation and malnutrition among eligible or potentially eligible households;

(b) Coordinating and establishing linkages between government and other social service programs to assure the effective delivery of such services to eligible households; and

(c) Encouraging the participation of private sector entities in community efforts to alleviate poverty in the service area.

(4) CSBG funds may be used to supplement existing funds or to support existing programs or establish new programs. Subgrantees shall not use CSBG funds, granted or otherwise awarded, to replace funds currently being received from other sources, available or reasonably expected to be available to the subgrantee.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 42 USC 106 & ORS 458.505
OHCS 39-2019, amend filed 12/23/2019, effective 12/23/2019
OHCS 15-2019, minor correction filed 07/03/2019, effective 07/03/2019
OHCS 14-2015, f. & cert. ef. 8-25-15
OHCS 21-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 7-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 6-2014, f. & cert. ef. 1-27-14, Renumbered from 813-210-0010
OHCS 2-2002, f. & cert. ef. 4-15-02
OHCS 2-2001(Temp), f. & cert. ef. 10-3-01 thru 4-1-02
HSG 7-1993, f. & cert. ef. 10-1-93, Renumbered from 410-060-0005
HSG 8-1992, f. & cert. ef. 7-29-92
HR 3-1983, f. & cert. ef. 11-25-83
HR 5-1982, f. & cert. ef. 2-5-82

Or. Admin. R. 813-210-0035 Application for Funding; Funding Agreement

(1) Prior to providing any CSBG services using OHCS funding, subgrantees must submit biennially an application for funding to OHCS. A funding agreement must be approved by OHCS in writing before being operative.

(2) Applications for funding must meet all requirements of form and content as established by OHCS. At a minimum, an application must include a subgrantee’s proposed activities for eligible households, anticipated expenditures, and any other information as OHCS may require specific to CSBG funding. Subgrantees must adhere to OHCS requirements and deadlines for submitting an application. An application is subject to approval, with or without modifications, or disapproval by OHCS.

(4) OHCS will evaluate all applications for funding for CSBG sufficiency requirements. Sufficiency is based on the quantity, thoroughness and quality of performance that is satisfactory to OHCS. This includes, but is not limited to, providing relevant information necessary for OHCS to assess the subgrantee’s compliance with all CSBG requirements and any other standards, goals, and requirements established by OHCS.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 42 USC 106 & ORS 458.505
OHCS 39-2019, amend filed 12/23/2019, effective 12/23/2019
Renumbered from 813-210-0015, OHCS 14-2015, f. & cert. ef. 8-25-15
OHCS 21-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 7-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 6-2014, f. & cert. ef. 1-27-14, Renumbered from 813-210-0010
OHCS 2-2002, f. & cert. ef. 4-15-02
OHCS 2-2001(Temp), f. & cert. ef. 10-3-01 thru 4-1-02
HSG 7-1993, f. & cert. ef. 10-1-93, Renumbered from 410-060-0005
HSG 8-1992, f. & cert. ef. 7-29-92
HR 3-1983, f. & cert. ef. 11-25-83
HR 5-1982, f. & cert. ef. 2-5-82

Or. Admin. R. 813-210-0050 Recordkeeping and Compliance Monitoring

(1) Subgrantees and their subrecipients must maintain accurate financial records satisfactory to OHCS and consistent with CSBG requirements, which document the receipt and disbursement of all CSBG funds by OHCS. Subgrantees must have an accounting system in place satisfactory to OHCS, and implement an approved Homeless Management Information System (HMIS) database for data and fiscal entry.

(2) Subgrantees and their subrecipients must maintain other CSBG records satisfactory to OHCS and consistent with CSBG requirements, which include, but are not limited to, documentation of household eligibility, receipt of allowable CSBG services, termination of services and the basis for same, housing status, administrative actions, contracts with subrecipients, review of subrecipient performance, action taken with respect to deficiency notices, and any administrative review proceedings. Such records must be satisfactory to OHCS in substance and format.

(4) To ensure proper compliance and monitoring of CSBG, subgrantees and their subrecipients must:

(b) Cooperate fully in any inspections or other monitoring actions taken by OHCS, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives.

(5) OHCS will conduct reviews, audits, and other compliance monitoring as it deems appropriate with respect to each subgrantee and its subrecipients to verify compliance with the CSBG requirements. Subgrantees and their subrecipients must cooperate fully with OHCS in its compliance monitoring activities.

(6) Subgrantees must require by contract and monitor their subrecipients’ compliance with all CSBG requirements including, but not limited to, recordkeeping and retention of records and OHCS compliance monitoring and enforcement.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 42 USC 106 & ORS 458.505
OHCS 39-2019, amend filed 12/23/2019, effective 12/23/2019
OHCS 14-2015, f. & cert. ef. 8-25-15
OHCS 21-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 7-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 2-2002, f. & cert. ef. 4-15-02
OHCS 2-2001(Temp), f. & cert. ef. 10-3-01 thru 4-1-02
HSG 7-1993, f. & cert. ef. 10-1-93
HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-060-0025
HR 3-1983, f. & cert. ef. 11-25-83
HR 5-1982, f. & cert. ef. 2-5-82

Or. Admin. R. 813-210-0066 Remedies

(2) To remedy any identified deficiencies, OHCS:

(b) Must require the subgrantee to correct any deficiencies in a manner and time frame satisfactory to OHCS;

(3) OHCS must provide adequate notice to a subgrantee of remedial action that will terminate or reduce a subgrantee’s eligibility for CSBG funding. OHCS must provide the subgrantee an initial opportunity to appeal to the director of the Housing Stabilization Division of OHCS, whose decision may be deferred to the director of OHCS.

(4) For appeals unable to be resolved internally, OHCS adopts the procedures detailed in ORS Chapter 183 for contested cases.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 42 USC 106 & ORS 458.505
OHCS 39-2019, amend filed 12/23/2019, effective 12/23/2019
OHCS 14-2019, minor correction filed 07/03/2019, effective 07/03/2019
OHCS 14-2015, f. & cert. ef. 8-25-15

Or. Admin. R. 813-210-0071 Challenge of Subgrantee Action

(1) Any household aggrieved by a subgrantee administering or providing CSBG services may challenge the subgrantee's action by entering the subgrantee's administrative review process (see OAR 813-210-0076). Any household who received either an unsatisfactory determination or refusal of a review by the subgrantee may submit a written request to OHCS within 30 days of receiving the notice of review determination or refusal by the subgrantee to provide such administrative review.

(4) Upon accepting the review request, OHCS may make a determination on such review request and require such remedial action as OHCS determines, in its sole discretion, to be appropriate.

(5) OHCS adopts the procedures detailed in ORS Chapter 183 for contested cases.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 42 USC 106 & ORS 458.505
OHCS 39-2019, amend filed 12/23/2019, effective 12/23/2019
OHCS 14-2015, f. & cert. ef. 8-25-15

Or. Admin. R. 813-210-0076 Administrative Review By Subgrantee

(1) Subgrantees must establish in writing a process satisfactory to OHCS that enables all potentially eligible households, having received CSBG services or not, to contest a determination by the subgrantee or its subrecipients that either denies, limits, terminates, or modifies CSBG services.

(3) A household remaining aggrieved after such review or hearing of a contested action may request administrative review of the subgrantee by OHCS (see OAR 813-210-0071).

(4) The subgrantee must inform OHCS in writing of any request by an aggrieved party for administrative review or fair hearing within 10 days of receiving such request.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 42 USC 106 & ORS 458.505
OHCS 39-2019, amend filed 12/23/2019, effective 12/23/2019
OHCS 14-2015, f. & cert. ef. 8-25-15

Or. Admin. R. 813-210-0081 Reduction or Termination of CSBG Funding

(1) No CAA or migrant and seasonal farmworker organization, which received CSBG funding in the previous federal fiscal year, shall have its present or future CSBG funding terminated or reduced below the proportional share of funding it received in the previous federal fiscal year unless, after notice and opportunity for hearing on the record, OHCS determines that cause existed for such termination or reduction, subject to the procedures and review by the OHCS director and the HHS Secretary.

(2) For purposes of making a determination with respect to CSBG funding reduction or termination, the term “cause” includes, but is not limited to:

(a) A statewide redistribution of CSBG funds to respond to:

(A) The results of the most recently available U.S. Census or other appropriate data;

(B) The establishment of a new migrant and seasonal farmworker organization; or

(b) The failure of a migrant and seasonal farmworker organization to comply with the terms of its CSBG funding agreement with OHCS or the applicable state, local and federal laws and regulations, executive orders or these rules.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 42 USC 106 & ORS 458.505
OHCS 39-2019, amend filed 12/23/2019, effective 12/23/2019
Renumbered from 813-210-0060, OHCS 14-2015, f. & cert. ef. 8-25-15
Reverted to OHCS 2-2002, f. & cert. ef. 8-15-02
Temporary Suspended by OHCS 21-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 7-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 2-2002, f. & cert. ef. 8-15-02
Reverted to HSG 7-1993, f. & cert. ef. 10-1-93
OHCS 2-2001(Temp), f. & cert. ef. 10-3-01 thru 4-1-02
HSG 7-1993, f. & cert. ef. 10-1-93

Division 230 DESIGNATION AND RESPONSIBILITIES OF COMMUNITY ACTION AGENCIES

Or. Admin. R. 813-230-0000 Definitions

(1) “Assistant director” means the department’s assistant director for the housing stabilization programs.

(2) “Community action agency” or "CAA" means a private nonprofit corporation organized under ORS chapter 65, or an office, division or agency of a political subdivision designated as a community action agency pursuant to the Economic Opportunity Act of 1964 by the U.S. Department of Health and Human Services, which meets the requirements outlined in ORS 458.505(4).

(3) "Department" or “OHCS” means the Housing and Community Services Department for the state of Oregon.

(4) "Director" means the department director as appointed by the governor

(5) "Governor" means the governor of the state of Oregon.

(6) "OHDC" means Oregon Human Development Corporation, a private, nonprofit agency which serves migrant workers and families.

History

Statutory/Other Authority: ORS 184.082 & 458.505 - 458.515
Statutes/Other Implemented: ORS 458.505 - 458.515
OHCS 16-2015, f. & cert. ef. 8-25-15
OHCS 1-2011, f. & cert. ef. 2-7-11
OHCS 9-2010(Temp), f. & cert. ef. 8-12-10 thru 2-7-11
HSG 9-1993, f. & cert. ef. 10-1-93
HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-110-0000
HR 3-1987, f. & cert. ef. 12-30-87

Or. Admin. R. 813-230-0005 Administration of Antipoverty Programs

(1) The department is authorized by the Oregon legislature as the state affordable housing finance agency and administrator of state and federal antipoverty programs. The federal antipoverty programs are the Community Services Block Grant, the Low-Income Energy Assistance Block Grant, and the United States Department of Energy Weatherization Assistance Program.

(2) The department administers the federal anti-poverty programs through subcontracts with community action agencies, the Oregon Human Development Corporation and other eligible entities under ORS 458.505.

(3) The Community Action Partnership of Oregon performs the function of providing advice and recommendations to the department regarding administration and funding of antipoverty programs.

History

Statutory/Other Authority: ORS 184.082 & ORS 458.505-458.515
Statutes/Other Implemented: ORS 458.505-458.515
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 16-2015, f. & cert. ef. 8-25-15
OHCS 1-2011, f. & cert. ef. 2-7-11
OHCS 9-2010(Temp), f. & cert. ef. 8-12-10 thru 2-7-11
HSG 9-1993, f. & cert. ef. 10-1-93
HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-110-0005
HR 3-1987, f. & cert. ef. 12-30-87

Or. Admin. R. 813-230-0007 Funding Eligibility

(1) A community action agency, the Oregon Human Development Corporation or any other eligible entity under ORS 458.505 may administer an antipoverty program to which ORS 458.505 or 458.510 applies only if the entity has entered a contract for that purpose with the department, on terms established by the department.

(2) In an area of the state served by a community action agency, unless the department determines that the agency is incapable of effective program administration, the agency has the right of first refusal in a contract for antipoverty program administration.

(3) In an area of the state not served by a community action agency, the department may distribute federal antipoverty funds other than the Community Service Block Grant to an eligible entity that the department has identified as able to effectively serve low income populations because of the agency’s established service delivery system.

(4) For each antipoverty program, allocation of program funds to service areas is subject to a formula established by the department prior to the allocation process. The department may modify a formula at any time in compliance with program requirements.

(5) The department may fund only one agency in a service area unless the department in its sole discretion decides to allow two agencies to operate within a common service area. The two agencies may so operate only if the department and the two agencies enter into a memorandum of agreement that ensures full access to the program services for all eligible persons in the service area and prevents duplication of services.

(6) To provide a program service or activity in the service area of an agency, the agency may subcontract with a nonprofit corporation established under ORS chapter 65, a housing authority established under ORS 456.055 to 456.235 or a local government as defined in ORS 197.015.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505 - 458.515
OHCS 16-2015, f. & cert. ef. 8-25-15
OHCS 1-2011, f. & cert. ef. 2-7-11
OHCS 9-2010(Temp), f. & cert. ef. 8-12-10 thru 2-7-11

Or. Admin. R. 813-230-0010 Designation of Community Action Agencies

(1) CAAs established under the Economic Opportunity Act of 1964 or the direct successor to such CAAs, have been recognized by the department as designated CAAs for established service areas.

(2) Agencies eligible for recognition as a CAA are political subdivisions of the state; private, nonprofit community organizations and migrant/seasonal farm worker organizations. An applicant agency must demonstrate its programmatic and administrative capabilities for implementing and operating anti-poverty programs and must be able to document that the agency service area has a population of a least 50,000 individuals.

(3) New CAAs will be designated by the department for unserved areas of the state only if CAAs contiguous with or closest to the unserved areas decline to serve such areas.

(4) Except in situations where an agency's status as a CAA is terminated voluntarily or involuntarily, changes in service area designations shall be initiated at the local level and submitted to the department for review and approval or disapproval.

(5) Efforts to establish new CAAs in unserved areas of the state shall be initiated at the local level and submitted to the department for review and approval or disapproval.

History

Statutory/Other Authority: ORS 184.082 & 458.505-515
Statutes/Other Implemented: ORS 458.505-515
OHCS 16-2015, f. & cert. ef. 8-25-15
OHCS 5-2004(Temp), f. & cert. ef. 12-17-04 thru 6-14-05
HSG 9-1993, f. & cert. ef. 10-1-93
HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-110-0010
HR 3-1987, f. & cert. ef. 12-30-87

Or. Admin. R. 813-230-0020 Termination of Community Action Agencies

(1) A CAA shall not be terminated by the state of Oregon unless, and after notice and opportunity for hearing, it has been determined that cause existed for termination.

(2) Such notice shall be sent to a CAA by the department and a hearing shall be held before the assistant director when in his or her opinion probable cause for termination exists.

(3) A CAA may appeal the assistant director’s decision to the director for hearing on the record.

(4) A CAA may appeal the director's decision to the governor for hearing on the record.

(5) The decision to terminate a CAA will be transmitted to the Secretary for the U.S. Department of Health and Human Services for review within ten working days of that decision being finalized.

History

Statutory/Other Authority: ORS 184.082 & 458.505-515
Statutes/Other Implemented: ORS 458.505-515
OHCS 16-2015, f. & cert. ef. 8-25-15
OHCS 5-2004(Temp), f. & cert. ef. 12-17-04 thru 6-14-05
HSG 9-1993, f. & cert. ef. 10-1-93
HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-110-0020
HR 3-1987, f. & ef. 12-30-87

Division 240 STATE HOMELESS ASSISTANCE PROGRAM (SHAP)

Or. Admin. R. 813-240-0001 Purpose and Objectives

The purpose of OAR chapter 813, division 240 of the administrative rules is to implement the State Homeless Assistance Program (SHAP). Funding for SHAP comes from an Oregon Legislature allocation of state general funds. The purpose of SHAP is to provide operational support for emergency shelters and related supportive services for homeless households.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.620 & 458.650
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 34-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 17-2015, f. & cert. ef. 8-25-15
OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 6-2002, f. & cert. ef. 5-15-02
OHCS 4-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02

Or. Admin. R. 813-240-0005 Definitions

Terms used throughout this division (OAR 813-240) may be defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions, except as defined below:

(1) "Emergency shelter" means any appropriate facility that has the primary purpose of providing temporary for the homeless in general or for specific populations of the homeless and the use of which does not require occupants to sign leases or occupancy agreements and in accordance with program requirements.

(3) "Homeless Management Information System" or "HMIS" is defined in 24 CFR 576.2.

(4) "Household" means an individual living alone, a family with or without children or a group of individuals who are living together as one economic unit.

(5) "SHAP" means the State Homeless Assistance Program administered by OHCS pursuant to this division and other applicable law.

(6) "SHAP requirements" means these administrative rules; all funding agreement terms and conditions; OHCS directives (including deficiency notices); the SHF Manual requirements; and applicable state, local, and federal laws and requirements.

(7) "SHAP services" means services as defined in OAR 813-240-0035 and the SHF Manual, which are eligible activities with SHAP funding.

(8) "SHF Manual" or "Program manual" means the State Houseless Funds Operations Manual, as described in OAR 813-240-0007.

(9) “Subgrantee” means person, entity, or party that enters into a contract, loan agreement, or grant agreement directly with OHCS to receive funds to administer the SHAP Program.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.620 & 458.650
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 8-2020, amend filed 05/07/2020, effective 05/07/2020
OHCS 34-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 2-2019, amend filed 04/22/2019, effective 04/22/2019
OHCS 3-2017, f. & cert. ef. 4-19-17
OHCS 14-2016(Temp), f. & cert. ef. 10-26-16 thru 4-23-17
OHCS 17-2015, f. & cert. ef. 8-25-15
OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 6-2002, f. & cert. ef. 5-15-02
OHCS 4-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02, Renumbered from 813-240-0000
HSG 10-1993, f. & cert. ef. 10-1-93
HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 461-100-0000
AFS 65-1985, f. & cert. ef. 11-5-85

Or. Admin. R. 813-240-0008 Manuals

Effective on July 1, 2025, the State Homeless Funds Program Operations Manual (SHF Manual) with the requirements and standards therein, is incorporated into and adopted as part of division 813-240-0008 of the department's administrative rules, 813-240-0000 to 813-240-0080. The SHF Manual, dated July 1, 2023, previously incorporated into and adopted as part of these administrative rules remains in effect until July 1, 2025, on which date it is repealed. The SHF Manual may be accessed online at the OHCS website.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.620 & 458.650
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 2-2023, amend filed 03/01/2023, effective 03/01/2023
OHCS 21-2020, amend filed 10/27/2020, effective 10/27/2020
OHCS 11-2020, temporary amend filed 06/08/2020, effective 06/08/2020 through 12/04/2020
OHCS 8-2020, adopt filed 05/07/2020, effective 05/07/2020

Or. Admin. R. 813-240-0010 Administration

(1) OHCS may contract with subgrantees to provide eligible SHAP services (see OAR 813-240-0035) in service areas in such manner to provide holistic coverage statewide without duplication or overlap of services.

(2) OHCS will allocate SHAP funds to all subgrantees through a formula established by OHCS prior to the allocation process. OHCS reserves the right to modify such formula at any time in its sole discretion.

(3) A subgrantee may establish subrecipients that meet the requirements of ORS 458.610(6) to provide eligible SHAP services in the subgrantee’s service area.

(4) Subgrantees shall, at a minimum, provide SHAP services to eligible applicants or households that meet SHAP requirements. Whenever appropriate, subgrantees may assist eligible households in accessing other services designed to stabilize housing.

(5) Subgrantee representatives must attend and participate in SHAP-related training made available or conducted by OHCS, when required.

(6) A designated portion of SHAP funds are reserved for subgrantees and their subrecipients to use for administrative costs. Subgrantees and their subrecipients may expend up to a determined amount as authorized by OHCS and outlined in the funding agreement.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.610, 458.620 & 458.650
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 34-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 17-2015, f. & cert. ef. 8-25-15
OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 6-2002, f. & cert. ef. 5-15-02
OHCS 4-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02
HSG 10-1993, f. & cert. ef. 10-1-93
HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 461-100-0005
AFS 65-1985, f. & cert. ef. 11-5-85

Or. Admin. R. 813-240-0020 Applicant Eligibility

(1) SHAP services shall be made available to households who are houseless, sheltered or unsheltered and who meet eligibility requirements as outlined in the SHF Manual.

(2) Income limitations and U.S. citizenship of household members shall not be considered as eligibility criterion.

(3) Specific requirements and documentation to provide proof of eligibility for SHAP services are detailed in the SHF Manual.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.620 & 458.650
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 34-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 13-2019, minor correction filed 07/03/2019, effective 07/03/2019
OHCS 17-2015, f. & cert. ef. 8-25-15
OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 6-2002, f. & cert. ef. 5-15-02
OHCS 4-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02
HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 461-100-0010
AFS 65-1985, f. & cert. ef. 11-5-85

Or. Admin. R. 813-240-0035 Use of Funds

(1) Use of SHAP funds must be in compliance with SHAP requirements for eligible households.

(2) To the extent of available funding, eligible SHAP services include, but are not limited to:

(a) Street outreach;

(b) Emergency shelter operations;

(d) Rapid rehousing.

(3) SHAP funds may be used to supplement existing funds or to support existing programs according to SHAP requirements. Subgrantees shall not use SHAP funds, granted or otherwise awarded, to replace funds currently being received from other sources, available or reasonably expected to be available to the subgrantee.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.620 & 458.650
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 34-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 2-2019, amend filed 04/22/2019, effective 04/22/2019
Renumbered from 813-240-0015, OHCS 17-2015, f. & cert. ef. 8-25-15
OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 12-2014, f. & cert. ef. 1-27-14, Renumbered from 813-240-0030
OHCS 6-2002, f. & cert. ef. 5-15-02
HSG 10-1993, f. & cert. ef. 10-1-93
HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 461-100-0015
AFS 65-1985, f. & cert. ef. 11-5-85

Or. Admin. R. 813-240-0041 Application for Funding; Funding agreement

(1) Prior to providing any SHAP services using OHCS funding, subgrantees must submit biennially an application for funding to OHCS. A funding agreement must be approved by OHCS in writing before being operative.

(2) Applications for funding must meet all requirements of form and content as established by OHCS. At a minimum, an application must include a subgrantee’s proposed activities for eligible households, anticipated expenditures, and any other information as OHCS may require specific to SHAP funding. Subgrantees must adhere to OHCS requirements and deadlines for submitting an application. An application is subject to approval, with or without modifications, or disapproval by OHCS.

(3) OHCS will not approve any application for funding for SHAP unless it meets sufficiency requirements. Sufficiency is based on the quantity, thoroughness and quality of performance that is satisfactory to OHCS. This includes, but is not limited to, providing relevant information necessary for OHCS to assess the subgrantee’s compliance with all SHAP requirements and any other standards, goals, and requirements established by OHCS.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.620 & 458.650
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 34-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 17-2015, f. & cert. ef. 8-25-15
OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 6-2002, f. & cert. ef. 5-15-02
OHCS 4-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02

Or. Admin. R. 813-240-0050 Recordkeeping and Compliance Monitoring

(1) Subgrantees and their subrecipients must maintain accurate financial records satisfactory to OHCS and consistent with SHAP requirements, which document the receipt and disbursement of all SHAP funds by OHCS. Subgrantees must have an accounting system in place satisfactory to OHCS, and implement an approved Homeless Management Information System (HMIS) database for data and fiscal entry.

(2) Subgrantees and their subrecipients must maintain other SHAP records satisfactory to OHCS and consistent with SHAP requirements, which include, but are not limited to, documentation of household eligibility, receipt of allowable SHAP services, termination of services and the basis for same, housing status, administrative actions, contracts with subrecipients, review of subrecipient performance, action taken with respect to deficiency notices, and any administrative review proceedings. Such records must be satisfactory to OHCS in substance and format.

(4) To ensure proper compliance and monitoring of SHAP, subgrantees and their subrecipients must:

(b) Cooperate fully in any inspections or other monitoring actions taken by OHCS, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives.

(5) OHCS will conduct reviews, audits, and other compliance monitoring as it deems appropriate with respect to each subgrantee and its subrecipients to verify compliance with the SHAP requirements. Subgrantees and their subrecipients must cooperate fully with OHCS in its compliance monitoring activities.

(6) Subgrantees must require by contract and monitor their subrecipients’ compliance with all SHAP requirements including, but not limited to, recordkeeping and retention of records and OHCS compliance monitoring and enforcement.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.620 & 458.650
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 34-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 17-2015, f. & cert. ef. 8-25-15
OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 6-2002, f. & cert. ef. 5-15-02
OHCS 4-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02
HSG 10-1993, f. & cert. ef. 10-1-93
HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 461-100-0025
AFS 37-1988, f. 5-12-88, cert. ef. 5-12-88
AFS 65-1985, f. & cert. ef. 11-5-85

Or. Admin. R. 813-240-0060 Remedies

(2) To remedy any identified deficiencies, OHCS:

(b) May require the subgrantee to correct any deficiencies in a manner and time frame satisfactory to OHCS;

(3) OHCS may provide adequate notice to a subgrantee of remedial action that will terminate or reduce a subgrantee’s eligibility for SHAP funding. OHCS may provide the subgrantee an initial opportunity to appeal to the director of the Housing Stabilization Division of OHCS, whose decision may be deferred to the director of OHCS.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.620 & 458.650
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 34-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 12-2019, minor correction filed 07/03/2019, effective 07/03/2019
OHCS 17-2015, f. & cert. ef. 8-25-15
OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 6-2002, f. & cert. ef. 5-15-02
OHCS 4-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02
HSG 10-1993, f. & cert. ef. 10-1-93
HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 461-100-0030
AFS 65-1985, f. & cert. ef. 11-5-85

Or. Admin. R. 813-240-0070 Challenge of Subgrantee Action

(1) Any household aggrieved by a subgrantee administering or providing SHAP services may challenge the subgrantee's action by entering the subgrantee's administrative review process (see OAR 813-240-0080). Any household who received either an unsatisfactory determination or refusal of a review by the subgrantee may submit a written request to OHCS within 30 days of receiving the notice of review determination or refusal by the subgrantee to provide such administrative review.

(4) Upon accepting the review request, OHCS may make a determination on such review request and require such remedial action as OHCS determines, in its sole discretion, to be appropriate.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.620 & 458.650
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 34-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 17-2015, f. & cert. ef. 8-25-15
OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 6-2002, f. & cert. ef. 5-15-02
OHCS 4-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02

Or. Admin. R. 813-240-0080 Review by Subgrantee

(1) Subgrantees must establish in writing a process satisfactory to OHCS that enables all potentially eligible households, having received SHAP services or not, to contest a determination by the subgrantee or its subrecipients that either denies, limits, terminates, or modifies SHAP services.

(2) An aggrieved household may request a formal review of a subgrantee’s or its subrecipients’ contested action (as described in subsection (1) above). The subgrantee must allow a minimum of 30 days, from the time of the requested review or the aggrieved household’s discovery of such action, for which an aggrieved household requesta review. The ultimate determination of an aggrieved household’s discovery period is reserved to OHCS, in its sole discretion.

(3) A household remaining aggrieved after such review of a contested action may request further review of the subgrantee by OHCS (see OAR 813-240-0070).

(4) The subgrantee must inform OHCS and the aggrieved party in writing of any final administrative review determination made by the subgrantee, and the basis for same, within 10 days of such final determination.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.620 & 458.650
OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025
OHCS 2-2023, amend filed 03/01/2023, effective 03/01/2023
OHCS 34-2019, amend filed 11/07/2019, effective 11/07/2019
OHCS 17-2015, f. & cert. ef. 8-25-15
OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14
OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14
OHCS 6-2002, f. & cert. ef. 5-15-02
OHCS 4-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02

Division 245 LONG-TERM RENT ASSISTANCE PROGRAM (LTRA)

Or. Admin. R. 813-245-0000 Temporary rule language in effect until 01/27/2027. Purpose and Objectives

(1) OAR chapter 813, division 245 establishes the rules to implement the Long-Term Rent Assistance (LTRA) program. Funding for LTRA comes from legislatively allocated state general funds. Oregon Housing and Community Services (OHCS) is designated as the state agency responsible for administering state and federal antipoverty programs in Oregon.

(2) The purpose of LTRA is to provide rental subsidy and supportive services to eligible households to increase housing access and long-term housing stability for people exiting homelessness.

History

Statutory/Other Authority: ORS 456.555 & 456.625
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 23-2026, temporary amend filed 07/30/2026, effective 08/01/2026 through 01/27/2027
OHCS 23-2024, adopt filed 06/21/2024, effective 06/21/2024

Or. Admin. R. 813-245-0010 Temporary rule language in effect until 01/27/2027. Definitions

The following terms have the meanings given below:

(1) "Homelessness" means a household that lacks a fixed, regular, or adequate nighttime residence in accordance with OHCS categorical definitions as outlined in the LTRA Guidance.

(2) “Household” means an individual living alone, a family with or without children, or a group of individuals who are living together as one economic unit.

(3) “LTRA Requirements” means these administrative rules; all funding agreement terms and conditions; OHCS directives (including deficiency notices); the LTRA Guidance; and applicable state, local, and federal laws.

History

Statutory/Other Authority: ORS 456.555 & 456.625
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 23-2026, temporary amend filed 07/30/2026, effective 08/01/2026 through 01/27/2027
OHCS 23-2024, adopt filed 06/21/2024, effective 06/21/2024

Or. Admin. R. 813-245-0020 Temporary rule language in effect until 01/27/2027. Guidance

The Long-Term Rent Assistance Guidance Manual (LTRA Guidance) with the requirements and standards therein, dated August 1, 2026, is incorporated into and adopted as part of this division of OHCS's administrative rules. The LTRA Guidance may be accessed online at the OHCS website.

History

Statutory/Other Authority: ORS 456.555 & 456.625
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 23-2026, temporary amend filed 07/30/2026, effective 08/01/2026 through 01/27/2027
OHCS 23-2024, adopt filed 06/21/2024, effective 06/21/2024

Or. Admin. R. 813-245-0030 Temporary rule language in effect until 01/27/2027. Administration

(1) OHCS may execute grant agreements with entities designated by OHCS to administer LTRA services within defined geographic regions. OHCS will select grantees based on their experience and capacity to administer LTRA services in the designated geographic region. If a designated grantee is unable to continue in this role, OHCS may designate and execute a grant agreement with an alternate qualified entity to ensure continuity of services.

(2) LTRA funds will be awarded using a formula established by OHCS. Funding allocations shall be determined using a formula that incorporates factors identified as indicative of regional need. Such factors include, but are not limited to, the percentage of rent‑burdened households, the percentage of households living in poverty, the proportion of the region’s homeless population as measured by Point‑in‑Time counts, and the amount of any prior awards. OHCS may revise or supplement these factors as necessary to ensure that allocations reflect current and demonstrated need within each region. OHCS reserves the right to modify such formula at any time in its sole discretion.

History

Statutory/Other Authority: ORS 456.555 & 456.625
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 23-2026, temporary amend filed 07/30/2026, effective 08/01/2026 through 01/27/2027
OHCS 23-2024, adopt filed 06/21/2024, effective 06/21/2024

Or. Admin. R. 813-245-0040 Temporary rule language in effect until 01/27/2027. Applicant Eligibility

LTRA services shall be made available to Oregon households in compliance with LTRA Guidance.

History

Statutory/Other Authority: ORS 456.555 & 456.625
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 23-2026, temporary amend filed 07/30/2026, effective 08/01/2026 through 01/27/2027
OHCS 23-2024, adopt filed 06/21/2024, effective 06/21/2024

Or. Admin. R. 813-245-0050 Temporary rule language in effect until 01/27/2027. Use of Funds

(1) LTRA funds must be used in compliance with LTRA Requirements.

(2) To the extent of available funding, LTRA funds may be used for the following activities, as defined in the LTRA Guidance:

(a) Community Capacity Building;

(b) Administrative Costs;

(d) Support Services;

(e) Rent Assistance; and

(f) Unit Access/Landlord Partnership.

(3) LTRA funds may be used as provided in the LTRA Guidance to support existing programs or establish new programs.

(4) Organizations or entities receiving LTRA funds shall not use LTRA funds to replace funds currently being received from other sources that are available or reasonably expected to be available. LTRA funds may be used to supplement existing funds.

History

Statutory/Other Authority: ORS 456.555 & 456.625
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 23-2026, temporary amend filed 07/30/2026, effective 08/01/2026 through 01/27/2027
OHCS 23-2024, adopt filed 06/21/2024, effective 06/21/2024

Or. Admin. R. 813-245-0060 Temporary rule language in effect until 01/27/2027. Community Plan Requirement

(1) Prior to providing any LTRA services using OHCS funding, grantees must submit their proposed Community Plan and budget to OHCS.

(2) The proposed Community Plan and budget must meet all requirements of form and content as established by OHCS. OHCS provides templates for the budget and the Community Plan that include all required elements of form and content. Templates are provided prior to grant execution. Completed budget templates must be accepted by OHCS before grants are executed. Grantees must use the templates and comply with all associated requirements and deadlines for submission.

(3) Grantees may update their Community Plan at any time and resubmit the updated template to OHCS. If OHCS makes significant changes to the Community Plan template, OHCS will require all grantees to submit a new Community Plan using the updated template. OHCS will provide a blank template upon request, or when such significant changes occur.

(4) OHCS will evaluate grantees' proposed Community Plans and budgets for completeness. This includes, but is not limited to, providing relevant information necessary for OHCS to assess the grantee’s compliance with all LTRA Requirements and any other standards, goals, and requirements established by OHCS.

History

Statutory/Other Authority: ORS 456.555 & 456.625
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 23-2026, temporary amend filed 07/30/2026, effective 08/01/2026 through 01/27/2027
OHCS 23-2024, adopt filed 06/21/2024, effective 06/21/2024

Or. Admin. R. 813-245-0070 Temporary rule language in effect until 01/27/2027. Recordkeeping and Monitoring

(1) Grantees and their subrecipients must maintain accurate financial records satisfactory to OHCS and consistent with LTRA Requirements, which document the receipt and disbursement of all LTRA funds by OHCS. Grantees must have an accounting system in place satisfactory to OHCS and implement an approved Homeless Management Information System (HMIS) (or comparable database, in the case of Victims Service Providers (VSPs)) for data and fiscal entry.

(2) Grantees and their subrecipients must maintain other LTRA records satisfactory to OHCS and consistent with LTRA Requirements, which include, but are not limited to, documentation of household eligibility, receipt of allowable LTRA services, termination of services and the basis for same, housing status, administrative actions, contracts with subrecipients, review of subrecipient performance, action taken with respect to deficiency notices, and any administrative review proceedings. Such records must be satisfactory to OHCS in substance and format.

(3) Grantees must provide OHCS with all required reports, data, and financial statements by submission deadlines and satisfactory to OHCS in form and substance as identified in the LTRA Requirements and as requested by OHCS.

(4) To ensure proper compliance and monitoring of LTRA, grantees and their subrecipients must:

(a) Furnish representatives of OHCS, the Oregon Secretary of State's Office, and their duly authorized representatives access to and permit copying of all electronic and hardcopy books, accounts, documents, and records and allow reasonable access to the project and other property pertaining to LTRA, at any such representative’s request;

(b) Cooperate fully in any inspections or other monitoring actions taken by OHCS, the Oregon Secretary of State's Office, and their duly authorized representatives; and

(5) OHCS will conduct reviews, audits, and other compliance monitoring as it deems appropriate with respect to each grantee and its subrecipients to verify compliance with the LTRA Requirements. Grantees and their subrecipients must cooperate fully with OHCS in its compliance monitoring activities.

(6) Grantees must require by contract and monitor their subrecipients’ compliance with all LTRA Requirements including, but not limited to, recordkeeping and retention of records and OHCS compliance monitoring and enforcement.

History

Statutory/Other Authority: ORS 456.555 & 456.625
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 23-2026, temporary amend filed 07/30/2026, effective 08/01/2026 through 01/27/2027
OHCS 23-2024, adopt filed 06/21/2024, effective 06/21/2024

Or. Admin. R. 813-245-0080 Temporary rule language in effect until 01/27/2027. Remedies

(1) OHCS reserves the right to identify deficiencies in the performance of any grantee or their subrecipients discovered during program and fiscal compliance monitoring activities and take remedial action as provided in the grant agreement upon such grantees, including, but not limited to, terminating its funding agreement with a grantee, and requiring repayment of LTRA funding.

(2) To take remedial action on any identified deficiencies, OHCS:

(a) Will issue a deficiency notice notifying a grantee of deficiencies identified through the monitoring process and provide documentation for the basis of such determination and the specific deficiency or deficiencies that must be corrected;

(b) Will require the grantee to correct any deficiencies in a manner and time frame satisfactory to OHCS;

(d) May, at its discretion, allow the grantee to propose a corrective action plan and offer the grantee assistance in the development of such corrective action plan. Any corrective action plan must be reviewed and approved by OHCS.

(3) OHCS must provide adequate notice to a grantee of remedial action that will terminate or reduce a grantee’s eligibility for LTRA funding. OHCS will provide the grantee an initial opportunity to appeal to the director of the Housing Retention Division or their designee, whose decision may be deferred to the director of OHCS.

(4) For appeals unable to be resolved internally pursuant to subsection (3), OHCS adopts the procedures detailed in ORS Chapter 183 for contested cases.

History

Statutory/Other Authority: ORS 456.555 & 456.625
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 23-2026, temporary amend filed 07/30/2026, effective 08/01/2026 through 01/27/2027
OHCS 23-2024, adopt filed 06/21/2024, effective 06/21/2024

Or. Admin. R. 813-245-0090 Temporary rule language in effect until 01/27/2027. Challenge of Grantee Action

(1) Any household aggrieved by a grantee administering or providing LTRA services may challenge the grantee’s action by entering the grantee’s administrative review process (see OAR 813-245-0100). Any household who received either an unsatisfactory determination or refusal of an administrative review by the grantee may submit a written request to OHCS within 30 days of receiving the notice of review determination or refusal by the grantee to provide such administrative review.

(2) OHCS may accept or deny a request to conduct a grantee administrative review, in whole or in part, at its sole discretion. An OHCS review will be conducted in the manner determined appropriate by OHCS and may include, but is not limited to, review of provided information.

(3) If OHCS accepts the review request, the requesting household, the grantee, and any relevant subrecipients must produce all information required by OHCS, including requested affidavits or testimony.

(4) Upon accepting the review request, OHCS will make a determination on such review request and require such remedial action as OHCS determines, in its sole discretion, to be appropriate.

(5) When OHCS accepts a household’s request for administrative review, the review shall be conducted as a contested case under the procedures of ORS Chapter 183.

History

Statutory/Other Authority: ORS 456.555 & 456.625
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 23-2026, temporary amend filed 07/30/2026, effective 08/01/2026 through 01/27/2027
OHCS 23-2024, adopt filed 06/21/2024, effective 06/21/2024

Or. Admin. R. 813-245-0100 Temporary rule language in effect until 01/27/2027. Administrative Review by Grantee

(1) Grantees must establish in writing a process satisfactory to OHCS that enables all potentially eligible households requesting or receiving LTRA services to contest a determination by the grantee or its subrecipients that either denies, limits, terminates, or modifies LTRA services.

(2) The policy must provide that a household may request an administrative review or fair hearing of a grantee’s or its subrecipients’ contested action (as described in subsection (1) above). The grantee must allow a minimum of 30 days from the time of contested action or the aggrieved household’s discovery of such action for an aggrieved household to request a review or hearing. Any dispute between the household and the grantee or subrecipient over the aggrieved household’s discovery period will be resolved by OHCS, in its sole discretion.

(3) The grantee must inform OHCS and the aggrieved household in writing of any final administrative review determination made by the grantee, and the basis for same, within 10 days of such final determination.

(4) A household remaining aggrieved after such review or hearing of a contested action may request administrative review of the grantee’s decision by OHCS (see OAR 813-245-0090).

History

Statutory/Other Authority: ORS 456.555 & 456.625
Statutes/Other Implemented: ORS 456.555 & 456.625
OHCS 23-2026, temporary amend filed 07/30/2026, effective 08/01/2026 through 01/27/2027
OHCS 23-2024, adopt filed 06/21/2024, effective 06/21/2024

Or. Admin. R. 813-245-0110 Temporary rule language in effect until 01/17/2027. Landlord Reimbursement

(1) In addition to and not in lieu of the uses of funds allowed under OAR 813-245-0050, and notwithstanding any provisions of the LTRA Guidance Manual adopted pursuant to OAR 813-245-0020, LTRA funds may be used to provide financial assistance to landlords to mitigate damages caused by tenants who have been rehoused with the assistance of LTRA funds.

(2) Financial assistance to landlords under this rule shall be provided in accordance with the rules established for the Housing Choice Landlord Guarantee Program, as set forth in OAR 813-360-0010 through 813-360-0055, except that:

(a) References to the “Housing Choice Landlord Guarantee Program,” “HCLGP,” the “Housing Choice Voucher Program,” and “Rehousing Initiatives” in OAR 813-360-0010 through 813-360-0055 shall be understood to refer to the LTRA Program; and

(b) Only damages caused by tenancies funded in whole or in part by LTRA funds and established on or after July 1, 2025, as evidenced by the effective date of a fully executed rental agreement, are eligible for financial assistance under this rule.

History

Statutory/Other Authority: ORS 456.555 & 456.559
Statutes/Other Implemented: ORS 456.375-456.390
OHCS 21-2026, temporary adopt filed 07/22/2026, effective 07/22/2026 through 01/17/2027

Division 260 HOUSING RETENTION PROGRAMS

Or. Admin. R. 813-260-0000 Purpose and Objectives

The purpose of OAR chapter 813, division 260 of the administrative rules is to implement the Oregon Housing and Community Services (OHCS) Housing Retention Programming. Funding for OHCS Housing Retention programs comes from Senate Bill 5511 (2023), as authorized by the Oregon legislature. The intent of OHCS Housing Retention programs is to prevent households from the risk of losing their housing or experiencing homelessness and assist households that are currently facing an eviction. Oregonians that are eligible for programs can access these resources to have their housing stability needs met with programming in the following categories:

(1) Tenant resources and information services,

(2) Case management services,

(3) Financial assistance,

(4) Legal aid,

(5) Mediation, and

(6) Culturally Specific Interventions.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555
OHCS 40-2024, adopt filed 10/01/2024, effective 10/01/2024
OHCS 9-2024, temporary adopt filed 05/15/2024, effective 05/16/2024 through 11/08/2024

Or. Admin. R. 813-260-0010 Tenant Resources and Information Services Manual

Tenant Resources and Information Services Program Guidance with the requirements and standards therein, dated February 2024 is incorporated into and adopted as part of this division of administrative rules, by reference. The program guidance may be accessed online at the OHCS website.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555
OHCS 40-2024, adopt filed 10/01/2024, effective 10/01/2024
OHCS 9-2024, temporary adopt filed 05/15/2024, effective 05/16/2024 through 11/08/2024

Or. Admin. R. 813-260-0011 Culturally Specific Partners Program Manual

Eviction Prevention for Culturally Specific Partners Program Guidance with the requirements and standards therein, dated September 2024 is incorporated into and adopted as part of this division of administrative rules, by reference. The program guidance may be accessed online at the OHCS website. OHCS has the discretion to grant exemptions to specific provisions in the Eviction Prevention for Culturally Specific Partners Program Guidance on a case-by-case basis to accommodate the unique operations of culturally specific partners. Any such exemptions, if granted, will be noted in the contractual agreement between OHCS and the culturally specific partner.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555
OHCS 40-2024, adopt filed 10/01/2024, effective 10/01/2024
OHCS 9-2024, temporary adopt filed 05/15/2024, effective 05/16/2024 through 11/08/2024

Or. Admin. R. 813-260-0012 Legal Services and Mediation Manual

Legal Services and Mediation Program Guidance with the requirements and standards therein, dated February 2024 is incorporated into and adopted as part of this division of administrative rules, by reference. The program guidance may be accessed online at the OHCS website.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555
OHCS 40-2024, adopt filed 10/01/2024, effective 10/01/2024
OHCS 9-2024, temporary adopt filed 05/15/2024, effective 05/16/2024 through 11/08/2024

Division 261 OREGON EVICTION DIVERSION AND PREVENTION (ORE-DAP) PROGRAM

Or. Admin. R. 813-261-0000 Purpose and Objectives

(1) The purpose of OAR chapter 813, division 261 of the administrative rules, is to implement the Oregon Housing and Community Services (OHCS) Oregon Eviction Diversion & Prevention (ORE-DAP) program. OHCS is designated as the state agency responsible for administering state and federal antipoverty programs in Oregon.

(2) The purpose of ORE-DAP is to provide eviction prevention and housing stabilization services to households at risk of or currently experiencing homelessness.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.515-456.725 & 458.505
OHCS 43-2025, adopt filed 10/07/2025, effective 10/07/2025

Or. Admin. R. 813-261-0010 Definitions

Terms used throughout this division 261 may be defined in Oregon Revised Statutes (ORS) or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions, except as defined below:

(1) "Homeless Management Information System" or "HMIS" is defined in 24 CFR 576.2.

(2) “Household” means an individual living alone, a family with or without children, or a group of individuals who are living together as one economic unit.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.515-456.725 & 458.505
OHCS 43-2025, adopt filed 10/07/2025, effective 10/07/2025

Or. Admin. R. 813-261-0020 Program Guidance

The ORE-DAP program guidance, dated October 1, 2025 (the “Program Guidance”), is incorporated into and adopted as part of this division of administrative rules, by reference. The ORE-DAP Program Guidance may be accessed online at the OHCS website.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.515-456.725 & 458.505
OHCS 43-2025, adopt filed 10/07/2025, effective 10/07/2025

Or. Admin. R. 813-261-0030 Administration

(1) OHCS may enter into agreements with entities or organizations to provide eligible ORE-DAP services (see OAR 813-261-0040) in such manner as to provide holistic coverage statewide without duplication or overlap of services.

(2) A designated portion of ORE-DAP funds are reserved for recipients’ administrative costs, up to a determined amount as authorized by OHCS and outlined in the funding agreement.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.515-456.725 & 458.505
OHCS 43-2025, adopt filed 10/07/2025, effective 10/07/2025

Or. Admin. R. 813-261-0040 Use of Funds

(1) Use of ORE-DAP funds must be in compliance with ORE-DAP requirements as specified in the Program Guidance..

(2) To the extent of available funding, eligible ORE-DAP services include: administration, financial assistance, and program delivery.

(3) ORE-DAP funds must be used to supplement existing funds, to support existing programs, or to establish new programs. Organizations or entities receiving ORE-DAP funds shall not use ORE-DAP funds to replace funds currently being received from other available sources or sources reasonably expected to be available.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.515-456.725 & 458.505
OHCS 43-2025, adopt filed 10/07/2025, effective 10/07/2025

Division 262 YOUTH EMERGENCY HOUSING ASSISTANCE (YEHA) PROGRAM

Or. Admin. R. 813-262-0000 Purpose and Objectives

(1) The purpose of OAR chapter 813, division 262 of the administrative rules is to implement the Oregon Housing and Community Services (OHCS) Youth Emergency Housing Assistance (YEHA) program.

(2) The purpose of YEHA is to provide housing-focused services to school-age children K-12 or their families at risk of or experiencing homelessness, to enhance family stability and school success.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.625 & HB 5019 (2023)
OHCS 46-2025, adopt filed 10/20/2025, effective 10/20/2025

Or. Admin. R. 813-262-0010 Definitions and General Provisions

Except as defined below, terms used throughout this division (OAR 813-262) are defined in Oregon Revised Statutes (ORS) or in the OHCS General Definitions (OAR 813-005-0005):

(1) "Homeless" means an individual, family, or household that lacks a fixed, regular, or adequate nighttime residence in accordance with OHCS categorical definitions. Categorical definitions are contained in the YEHA Program Guidance.

(2) "Homeless Management Information System" or "HMIS" is defined in 24 CFR 576.2.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555
OHCS 46-2025, adopt filed 10/20/2025, effective 10/20/2025

Or. Admin. R. 813-262-0020 Program Guidance

The YEHA Program Guidance, published on October 1, 2025 (the “Program Guidance”), is incorporated into and adopted as part of this division 262. The YEHA Program Guidance may be accessed online at the OHCS website.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555
OHCS 46-2025, adopt filed 10/20/2025, effective 10/20/2025

Or. Admin. R. 813-262-0030 Administration

(1) OHCS may enter into agreements with entities or organizations to provide eligible YEHA services (see OAR 813-262-0040) in such manner as to provide holistic coverage statewide without duplication or overlap of services.

(2) A designated portion of YEHA funds are reserved for recipients’ administrative costs, up to a determined amount as authorized by OHCS and outlined in the funding agreement.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555
OHCS 46-2025, adopt filed 10/20/2025, effective 10/20/2025

Or. Admin. R. 813-262-0040 Use of Funds

(1) Use of YEHA funds must be in compliance with YEHA requirements as specified in the Program Guidance.

(2) To the extent of available funding, eligible YEHA expenses include, but are not limited to:

(a) Street outreach;

(b) Outreach and engagement activities;

(d) Block (master) leasing;

(e) Emergency and transitional shelter;

(f) Hotel/motel stays;

(g) Homelessness prevention and rapid re-housing;

(h) Rental assistance;

(i) Moving expenses;

(j) Transportation;

(k) Case management;

(l) Direct support payments; and

(m) Data collection.

(3) YEHA funds may be used to supplement existing funds or to support existing programs or establish new programs. Organizations or entities receiving YEHA funds shall not use YEHA funds to replace funds currently being received from other sources or available or reasonably expected to be available.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.555
OHCS 46-2025, adopt filed 10/20/2025, effective 10/20/2025

Division 270 OREGON REHOUSING INITIATIVE (ORI)

Or. Admin. R. 813-270-0005 Temporary rule language in effect until 12/14/2026. Purpose and Objectives

The purpose of OAR chapter 813, division 270 of the administrative rules is to implement the Oregon Rehousing Initiative (ORI). Funding for ORI comes from Legislatively allocated state general funds. Oregon Housing and Community Services (OHCS) is designated as the state agency responsible for administering state and federal antipoverty programs in Oregon. The purpose of ORI is to provide rehousing and related supportive services for homeless households.

History

Statutory/Other Authority: ORS 456.555 & 456.559
Statutes/Other Implemented: ORS 458.390, 458.392 & 456.561
OHCS 12-2026, temporary amend filed 06/18/2026, effective 06/18/2026 through 12/14/2026
OHCS 24-2025, adopt filed 05/23/2025, effective 05/23/2025

Or. Admin. R. 813-270-0015 Definitions

Terms used throughout this division (OAR 813-270) may be defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions, except as defined below:

(1) "Homeless Management Information System" or "HMIS" has the meaning provided in 24 CFR 576.2.

(2) “Rapid Rehousing Activities” means those services performed to enable households to obtain permanent housing when they are currently homeless. Rapid rehousing is used when a household’s housing status is literally homeless (U.S. Department of Housing and Urban Development (HUD) category 1), homeless under other federal statues (HUD category 3), or when a household is fleeing or attempting to flee a domestic violence situation (HUD category 4). The categories are defined and described in the ORI Manual.

(3) “Street Outreach” means service delivery that targets unsheltered homeless individuals and households and includes reaching out to people who do not otherwise seek assistance. Street outreach is non-facility based, meaning that services are offered where individuals are living as opposed to providing services in service provision offices. Providers build rapport and meaningfully engage with unhoused individuals and families. Street outreach includes connecting with individuals and households experiencing homelessness who may be disconnected or alienated from supports and services and is focused on moving people into permanent housing without preconditions for receiving assistance.

(4) “Unit Access” means those activities and services performed to enable a housing unit to become an accessible housing placement for an unhoused Household. These activities and services increase the availability of housing units within a region.

History

Statutory/Other Authority: ORS 456.555 & 456.559
Statutes/Other Implemented: ORS 458.390, 458.392 & 456.561
OHCS 11-2026, amend filed 06/18/2026, effective 06/18/2026
OHCS 24-2025, adopt filed 05/23/2025, effective 05/23/2025

Or. Admin. R. 813-270-0025 Manuals

Effective June 10, 2026, the Oregon Rehousing Initiative Program Guidance Manual (ORI Manual) with the requirements and standards therein, is incorporated into and adopted as part of division 813-270 of the department's administrative rules. The ORI Manual may be accessed online at the OHCS website.

History

Statutory/Other Authority: ORS 456.555 & 456.559
Statutes/Other Implemented: ORS 458.390, 458.392 & 456.561
OHCS 11-2026, amend filed 06/18/2026, effective 06/18/2026
OHCS 24-2025, adopt filed 05/23/2025, effective 05/23/2025

Or. Admin. R. 813-270-0035 Administration

OHCS may contract with grantees to provide eligible ORI services in service areas in such manner to provide holistic coverage statewide without duplication or overlap of services.

History

Statutory/Other Authority: ORS 456.555 & 456.559
Statutes/Other Implemented: ORS 458.390, 458.392 & 456.561
OHCS 24-2025, adopt filed 05/23/2025, effective 05/23/2025

Or. Admin. R. 813-270-0045 Applicant Eligibility

(1) ORI services shall be made available to households who meet eligibility requirements as outlined in the ORI Manual.

(2) Income limitations and U.S. citizenship of household members may not be considered as eligibility criterion to qualify for assistance under the ORI program.

(3) Specific requirements and documentation to provide proof of eligibility for ORI services are detailed in the ORI Manual.

History

Statutory/Other Authority: ORS 456.555 & 456.559
Statutes/Other Implemented: ORS 458.390, 458.392 & 456.561
OHCS 24-2025, adopt filed 05/23/2025, effective 05/23/2025

Or. Admin. R. 813-270-0055 Use of Funds

(1) ORI funds must be used for eligible households, in compliance with the ORI Manual.

(2) To the extent of available funding, ORI funds may be used for the following activities:

(a) Street Outreach;

(b) Rapid Rehousing Activities;

(d) Data collection related to implementation of the ORI program.

(3) ORI funds may be used as provided in the ORI Manual to supplement existing funds or to support existing programs or establish new programs. Grantees shall not use ORI funds, granted or otherwise awarded, to replace funds currently being received from other sources, available or reasonably expected to be available to the grantee.

History

Statutory/Other Authority: ORS 456.555 & 456.559
Statutes/Other Implemented: ORS 458.390, 458.392 & 456.561
OHCS 11-2026, amend filed 06/18/2026, effective 06/18/2026
OHCS 24-2025, adopt filed 05/23/2025, effective 05/23/2025

Or. Admin. R. 813-270-0075 Temporary rule language in effect until 12/14/2026. Recordkeeping and Compliance Monitoring

(1) Grantees and their subrecipients must maintain accurate financial records satisfactory to OHCS and consistent with the ORI Manual, which document the receipt and disbursement of all ORI funds provided by OHCS. Grantees must have an accounting system in place satisfactory to OHCS and implement an approved Homeless Management Information System (HMIS) database, or other database as approved by OHCS, for data and fiscal entry.

(2) Grantees and their subrecipients must maintain other ORI records satisfactory to OHCS and consistent with ORI requirements, as detailed in the grant agreement.

(4) Further information on compliance and monitoring is detailed in the ORI Manual.

History

Statutory/Other Authority: ORS 456.555 & 456.559
Statutes/Other Implemented: ORS 458.390, 458.392 & 456.561
OHCS 12-2026, temporary amend filed 06/18/2026, effective 06/18/2026 through 12/14/2026
OHCS 24-2025, adopt filed 05/23/2025, effective 05/23/2025

Or. Admin. R. 813-270-0085 Temporary rule language in effect until 12/14/2026. Remedies

(1) OHCS reserves the right to identify deficiencies in the performance of any grantee or their subrecipients discovered during compliance monitoring activities and take remedial action upon such grantees as provided in the grant agreement, including, but not limited to, terminating its funding agreement with a grantee or subrecipient and requiring repayment of ORI funding.

(2) Upon identifying a deficiency in performance or compliance, OHCS may exercise any and all remedies set forth in the grant agreement.

History

Statutory/Other Authority: ORS 456.555 & 456.559
Statutes/Other Implemented: ORS 458.390, 458.392 & 456.561
OHCS 12-2026, temporary amend filed 06/18/2026, effective 06/18/2026 through 12/14/2026
OHCS 24-2025, adopt filed 05/23/2025, effective 05/23/2025

Or. Admin. R. 813-270-0090 Temporary rule language in effect until 01/17/2027. Landlord Reimbursement

(1) In addition to and not in lieu of the uses of funds allowed under the ORI Manual adopted pursuant to OAR 813-270-0025, and notwithstanding anything to the contrary in the ORI Manual, ORI funds may be used to provide financial assistance to landlords to mitigate damages caused by tenants who have been rehoused with the assistance of ORI funds.

(b) Only damages caused by tenancies funded in whole or in part by ORI funds and established on or after July 1, 2025, as evidenced by the effective date of a fully executed rental agreement, are eligible for financial assistance under this rule.

History

Statutory/Other Authority: ORS 456.555 & 456.559
Statutes/Other Implemented: ORS 456.375-456.390
OHCS 20-2026, temporary adopt filed 07/22/2026, effective 07/22/2026 through 01/17/2027

Division 275 STATEWIDE SHELTER PROGRAM (SSP)

Or. Admin. R. 813-275-0010 Purpose and Objectives

The purpose of OAR chapter 813, division 275, of the administrative rules is to implement the Statewide Shelter Program (SSP). OHCS is designated as the state agency responsible for administering the SSP. The SSP establishes a statewide shelter program for the purpose of reducing unsheltered homelessness and increasing housing stability through enhanced coordination and stability of funding.

History

Statutory/Other Authority: ORS 456.555 & HB 3644 (2025)
Statutes/Other Implemented: ORS 456.625 & HB 3644 (2025)
OHCS 53-2025, adopt filed 12/30/2025, effective 01/01/2026

Or. Admin. R. 813-275-0020 Definitions

Terms used throughout this division may be defined in Oregon Revised Statute (ORS), in the OHCS General Definitions (OAR 813-005-0005), in the SSP Manual, or in this division. As used in this division:

(1) “Direct Service Provider” means an organization that conducts one or more of the eligible activities provided in the SSP Manual, not including those of a Regional Coordinator.

(2) “Homeless Management Information System" or "HMIS" has the meaning provided in the SSP Manual.

(3) “Homelessness” has the meaning provided in the SSP Manual.

(4) “Household” has the meaning provided in the SSP Manual.

(5) “Housing Focused Activities” has the meaning provided in the SSP Manual.

(6) “Low-Barrier” has the meaning provided in the SSP Manual.

(7) “Regional Assessment and Plan” means an assessment of current conditions, resources, and outcomes relating to Homelessness for the region, and a plan that details the services and outcomes for the region that will be supported with SSP funds.

(8) “Regional Coordinator” means a local government or nonprofit public benefit corporation that develops a Regional Assessment and Plan and an annual report, and receives and distributes program funds for the region.

(9) “Safe Temporary Emergency Placement Sites or “STEPS” has the meaning provided in the SSP Manual.

(10) “Shelter” has the meaning provided in the SSP Manual.

(11) “Shelter Provider” has the meaning provided in the SSP Manual.

(12) “SSP Manual” means the Statewide Shelter Program Operations Manual adopted in OAR 813-275-0030.

(13) “SSP Provider” means a Shelter provider or a Direct Service Provider that receives SSP funding to conduct eligible activities as defined in the SSP Manual.

History

Statutory/Other Authority: ORS 456.555 & HB 3644 (2025)
Statutes/Other Implemented: ORS 456.625 & HB 3644 (2025)
OHCS 53-2025, adopt filed 12/30/2025, effective 01/01/2026

Or. Admin. R. 813-275-0030 SSP Manual

The SSP Manual dated December 23, 2025, is incorporated into and adopted as part of chapter 813, division 275 of the Oregon Administrative Code. The SSP Manual may be accessed online at the OHCS website.

History

Statutory/Other Authority: ORS 456.555 & HB 3644 (2025)
Statutes/Other Implemented: ORS 456.625 & HB 3644 (2025)
OHCS 53-2025, adopt filed 12/30/2025, effective 01/01/2026

Or. Admin. R. 813-275-0040 Administration

(1) OHCS may enter into agreements with Regional Coordinators to provide SSP services statewide (see OAR 813-275-0060).

(2) OHCS shall develop and implement a funding formula for the SSP. This funding formula will be updated periodically to reflect performance of the SSP and changing needs. All data sources used to establish the factors that make up the formula shall be selected by OHCS and are subject to change. The funding formula will be used to allocate funding by region and will consider regional needs and past performance of the region, and may be based on the following information:

(a) Number of beds funded through SSP existing at the beginning of the relevant Regional Assessment and Plan coverage period;

(b) Total cost per SSP-supported bed by region for previous performance period;

(d) McKinney Vento student Homelessness count for most recent validated period;

(e) Housing availability;

(f) Low-income Households;

(g) Non-SSP funds utilized in previous performance period;

(h) Non-SSP funds availability identified in most recent Regional Assessment and Plan;

(i) Shelter utilization for previous performance period;

(j) Percentage of SSP exited Households who exited to a permanent housing destination;

(k) Percentage of Households served in SSP emergency Shelter who exited to “place not meant for habitation”;

(l) Percentage of SSP funds spent down for most recent performance period; and

(m) Other factors deemed appropriate by OHCS.

(3) Regional Coordinators and SSP Providers must administer programs in accordance with the SSP Manual and must establish policies, as outlined in the SSP Manual, including but not limited to:

(a) Low-barrier and non-exclusionary practices; and

(b) Exit and separation from services.

(4) A designated portion of SSP funds, as determined by OHCS, are reserved for Regional Coordinators and SSP Providers to use for administrative costs.

History

Statutory/Other Authority: ORS 456.555 & HB 3644 (2025)
Statutes/Other Implemented: ORS 456.625 & HB 3644 (2025)
OHCS 53-2025, adopt filed 12/30/2025, effective 01/01/2026

Or. Admin. R. 813-275-0050 Use of Funds

(1) To the extent it is available, SSP funding may be expended on the allowable activities described in the SSP Manual, which includes, but is not limited to the following:

(a) Housing Focused Activities;

(b) Shelter operations;

(d) STEPS operations; and

(e) Capacity building.

(2) SSP funds may be used to supplement existing funds and to support already established programs. Regional Coordinators and SSP Providers may not use SSP funds to replace funds currently being received from other sources, or that are available or reasonably expected to be available to the Regional Coordinator and SSP Provider for the same purpose.

(3) Recipients of SSP funds must prioritize maintaining Shelter beds and no net bed loss prior to utilizing funds for other allowable uses identified in the SSP Manual.

History

Statutory/Other Authority: ORS 456.555 & HB 3644 (2025)
Statutes/Other Implemented: ORS 456.625 & HB 3644 (2025)
OHCS 53-2025, adopt filed 12/30/2025, effective 01/01/2026

Or. Admin. R. 813-275-0060 Funding Agreement

Prior to providing services using SSP funding, Regional Coordinators must:

(1) Enter into an agreement with OHCS; and

(2) Submit a Regional Assessment and Plan to OHCS.

History

Statutory/Other Authority: ORS 456.555 & HB 3644 (2025)
Statutes/Other Implemented: ORS 456.625 & HB 3644 (2025)
OHCS 53-2025, adopt filed 12/30/2025, effective 01/01/2026

Or. Admin. R. 813-275-0070 Recordkeeping and Compliance Monitoring

(1) Regional Coordinators must maintain accurate financial records satisfactory to OHCS and consistent with SSP requirements. SSP Providers must have an accounting system in place satisfactory to OHCS and must utilize an approved Homeless Management Information System (HMIS) database, or other database as approved by OHCS, for data and fiscal entry.

(2) Regional Coordinators must provide OHCS with all required reports, data, and financial statements by submission deadlines and satisfactory to OHCS in form and substance as identified in the SSP Manual and as requested by OHCS.

History

Statutory/Other Authority: ORS 456.555 & HB 3644 (2025)
Statutes/Other Implemented: ORS 456.625 & HB 3644 (2025)
OHCS 53-2025, adopt filed 12/30/2025, effective 01/01/2026

Division 300 INDIVIDUAL DEVELOPMENT ACCOUNTS (IDA)

Or. Admin. R. 813-300-0005 Purpose and Objectives

OAR 813, division 300, is promulgated to accomplish the general purposes of ORS 315.271 and 458.670 through 458.700, as they pertain to the Housing and Community Services Department and its supervision of individual development accounts ("IDAs"). These statutes, among other things, authorize the creation of IDAs between lower income account holders and authorized fiduciary organizations. Through these IDAs, account holders may deposit funds into an FDIC-insured or NCUA-insured financial institution account, to accumulate assets that may be used by account holders in a manner consistent with personal development plans developed in conjunction with their participating fiduciary organization. The fiduciary organizations, in turn, deposit IDA matching funds toward each corresponding IDA in an account designated for the benefit of IDA account holders to augment account holder assets upon successful completion of IDA requirements. The fiduciary organizations also provide their expertise in coordination of the personal development plans. Fiduciary organizations primarily obtain matching funds from contributions made to the Oregon IDA program (the “Oregon IDA Initiative”). These contributions to the Oregon IDA Initiative may qualify the contributor for a tax credit under ORS 315.271

History

Statutory/Other Authority: ORS 456.555, ORS 456.625 & ORS 458.700
Statutes/Other Implemented: ORS 458.700, ORS 315.271 & ORS 458.670 - 458.700
OHCS 4-2024, amend filed 04/03/2024, effective 04/03/2024
OHCS 11-2019, minor correction filed 07/03/2019, effective 07/03/2019
OHCS 2-2016, f. & cert. ef. 3-25-16
OHCS 1-2003, f. & cert. ef. 4-4-03
OHCS 12-2002(Temp), f. & cert. ef. 10-8-02 thru 4-5-03

Or. Admin. R. 813-300-0010 Definitions

As used in these rules, unless the context indicates otherwise:

(1) "Account holder" means an Oregon resident, age 12 or older, of a lower income household that has a net worth of less than $20,000 who is the named depositor of an individual development account.

(2) “Administrative and program operational costs” means all reasonable and appropriate administrative and program costs approved by the Department or its designee (typically the Department’s contractor for administration of the Program) for the operation of the IDA program as outlined in the fiduciary organization program plan. Such costs include but are not limited to costs related to marketing, program implementation and evaluation.

(3) "Contributor" means a person or entity contributing funds to the Department, its designee or to a fiduciary organization for the purpose of matching IDA deposits by an account holder or for funding program plan operations.

(4) "Department" means the Housing and Community Services Department established in ORS 456.555 and, where applicable, its designee.

(5) "Designated beneficiary" means a minor-age member of the account holder's household who is the beneficiary of an IDA used to pay the member's extracurricular non-tuition expenses designed to prepare the member for post-secondary education or job training.

(6) "Fiduciary organization" means a non-profit organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code as amended and in effect on January 1, 1999, or a federally recognized Oregon Indian tribe that is located, to a significant degree, within the boundaries of this state, as selected by the Department or its designee under these rules.

(7) "Fiduciary organization program plan" or "program plan" means a mission statement by a fiduciary organization and the corresponding detailed plan by it for the solicitation of contributions (tax credit or otherwise) and prospective account holders, the management of IDAs and their associated personal development plans, and the operation of the fiduciary organization itself — all as approved by the Department or its designee and with such modifications as the Department or its designee may require.

(8) "Financial institution" means an organization regulated under ORS Chapters 706 to 716, 722 or 723, or in the case of an account established for the purpose described in 458.685(1)(c) related to college savings plans, a financial institution as defined in ORS 178.300.

(9) "Individual development account", "account" or "IDA" means a contract between an account holder and a fiduciary organization for the deposit of funds into a financial institution by the account holder, and the deposit of matching funds into a designated account by the fiduciary organization, to allow the account holder to accumulate assets for use toward achieving a specific purpose approved by the fiduciary organization.

(10) "Lower income household" means a household having an income equal to or less than the greater of the following:

(a) 80 percent of the median household income for the area as determined by the Department or its designee. In making the determination, the Department or its designee shall give consideration to any data on area household income published by the United States Department of Housing and Urban Development.

(b) 200 percent of the poverty guidelines as determined by the Department or its designee. In making the determination, the Department or its designee shall give consideration to poverty guidelines published by the United States Department of Health and Human Services or may consider other income data periodically published by other federal or Oregon agencies.

(11) "Median Household Income" means, for the appropriate household size, the higher of:

(a) The median family income for the Metropolitan Statistical Area or county as published annually by the United States Department of Housing and Urban Development, or

(b) The statewide median family income for Oregon as published annually by the United States Department of Housing and Urban Development.

(12) "Net worth" means the value of all assets owned in whole or part by household members excluding equity in one residence and one vehicle, and excluding holdings in pension accounts that are valued at $120,000 or less, minus the total debts and obligations of household members, all as measured at the time the prospective account holder applies to establish the IDA. “Pension Account” includes accounts funded by an individual and/or an employer specifically to provide a retirement income, and in which the account is structured so that the funds in the account are either inaccessible to the individual until the individual ends employment or reaches retirement or are accessible with an early withdrawal penalty. In addition, defined benefit pension plans that are never accessible as a lump sum distribution are not included in net worth, regardless of the value.

(13) "Oregon individual development account tax credit" or "tax credit" means a credit against taxes otherwise due under ORS Chapter 316, 317, or 318, as allowed in return for contributions to the Oregon IDA Initiative through a fiduciary organization or the Agency's designee for eventual distribution to individual development accounts established under ORS 458.685 and for program and administrative expenses.

(14) "Personal development plan" means a written plan developed jointly by the fiduciary organization and the account holder in conformance with ORS 458.680, these rules and other requirements of the Department or its designee.

(15) "Resident of this state" has the meaning given in ORS 316.027

(16) "Reverted funds" means matching IDA deposits that devolve to a fiduciary organization because of (i) the revocation of a person’s status as an account holder or (ii) unused tax credit contributions or supplemental funds upon revocation by the Department of an organization’s status as a fiduciary organization or at the expiration of its program plan.

(17) "Supplemental funding" means funds provided by the Department or its designee to fiduciary organizations for program plan purposes.

(18) "Tax credit contributor" means a contributor who receives a corresponding tax credit as allowed in ORS 315.271.

(19) "Tax credit contributions" means funds obtained from tax credit contributors who, in return, earn a tax credit.

(20) "Trust Land" means all lands held in trust by the United States on behalf of an Indian Tribe or individual Indian.

History

Statutory/Other Authority: ORS 456.625, ORS 456.555 & ORS 458.700
Statutes/Other Implemented: ORS 315.271, ORS 458.670 - 458.700, ORS 178.300 & ORS 458.670 (6)(b)(B)
OHCS 4-2024, amend filed 04/03/2024, effective 04/03/2024
OHCS 7-2022, amend filed 03/08/2022, effective 03/18/2022
OHCS 10-2021, temporary amend filed 09/30/2021, effective 09/30/2021 through 03/23/2022
OHCS 8-2021, temporary amend filed 09/24/2021, effective 09/25/2021 through 03/23/2022
OHCS 1-2020, amend filed 01/24/2020, effective 01/24/2020
OHCS 7-2018, amend filed 05/30/2018, effective 05/30/2018
OHCS 31-2014, f. & cert. ef. 6-12-14
OHCS 25-2013(Temp), f. & cert. ef. 12-18-13 thru 6-16-14
OHCS 3-2010, f. & cert. ef. 1-7-10
OHCS 2-2008, f. & cert. ef. 3-18-08
OHCS 13-2007(Temp), f. & cert. ef. 10-2-07 thru 3-30-08
OHCS 9-2003, f. & cert. ef. 12-19-03
OHCS 1-2003, f. & cert. ef. 4-4-03
OHCS 12-2002(Temp), f. & cert. ef. 10-8-02 thru 4-5-03

Or. Admin. R. 813-300-0020 Fiduciary Organization Application Process

(1) The Department or its designee from time to time may solicit applications from entities desiring to be authorized as fiduciary organizations. The Department or its designee, in its sole discretion, may choose to consider for approval only proposed fiduciary organizations identified in applications received in response to such solicitations. The Department, in its sole discretion, also may approve fiduciary organizations on its own initiative or consider for approval proposed fiduciary organizations identified in applications received outside of a Department or its designee solicitation.

(2) All applications for approval of a proposed fiduciary organization shall be in writing to the Department or its designee in such form and with such content as the Department or its designee may require. In addition to any other information required by the Department or its designee, an application must include the following:

(a) The name, address, telephone number, email address, and tax identification number of the proposed fiduciary organization, and the key program contact person;

(b) A description of the proposed fiduciary organization, its officers, and ownership structure;

(c) Copies of the organic documents of the proposed fiduciary organization and proof, satisfactory to the Department or its designee, that such organization is in good standing and is authorized to transact business in the State of Oregon;

(d) A statement of the proposed fiduciary organization's capacity to act as a fiduciary organization, including relevant experience;

(e) A description of the geographic area to be served;

(f) A description of the key personnel who will specifically administer the individual development account program in the proposed fiduciary organization;

(g) The proposed program plan of the proposed fiduciary organization;

(h) A description of proposed third-party contractors and others, if any, by which the proposed fiduciary organization intends to accomplish program plan responsibilities;

(i) Signed agreements with one or more financial institutions to hold and operate individual development accounts;

(j) The entity's proposed program plan budget through the entity's first full fiscal year of its program plan identifying, at a minimum, projected revenues and expenses.

(k) If applicable, an application for supplemental funding from the Department or its designee for the period of the proposed program plan budget.

(3) The Department or its designee, in its sole discretion, may determine the number of fiduciary organizations to be authorized at any particular time. Consistent with such discretion, and its discretion to solicit, to consider and to initiate applications, the Department or its designee will approve as fiduciary organizations those entities that, in its judgment, best suit the purposes of ORS 458.670 through 458.700 and these rules.

(4) The Department or its designee, in its sole discretion, may establish time limits upon the duration of any approval of a fiduciary organization.

History

Statutory/Other Authority: ORS 456.555, ORS 456.625 & ORS 458.700
Statutes/Other Implemented: ORS 315.271 & ORS 458.670 - 458.700
OHCS 4-2024, amend filed 04/03/2024, effective 04/03/2024
OHCS 7-2018, amend filed 05/30/2018, effective 05/30/2018
OHCS 2-2008, f. & cert. ef. 3-18-08
OHCS 13-2007(Temp), f. & cert. ef. 10-2-07 thru 3-30-08
OHCS 1-2003, f. & cert. ef. 4-4-03
OHCS 12-2002(Temp), f. & cert. ef. 10-8-02 thru 4-5-03

Or. Admin. R. 813-300-0030 Fiduciary Organization Application Review

(1) In reviewing applications for authorization as a fiduciary organization, the Department or its designee shall consider the following factors:

(a) The ability of the prospective fiduciary organization to implement and administer the individual development account program, including the ability to verify account holder eligibility, certify that matching deposits are used only for approved purposes and exercise general fiscal accountability;

(b) The capacity of the prospective fiduciary organization to provide appropriate support services and general assistance to advance account holder self-reliance; and

(c) The links that the prospective fiduciary organization has to other activities and programs designed to increase the independence of this state's lower income households through education and training, home ownership and small business development.

(2) In reviewing applications for authorization as a fiduciary organization, the Department or its designee may consider additional factors including, but not limited to, the following:

(a) The eligibility of the entity;

(b) The sufficiency and accuracy of the application;

(d) The performance of the entity in providing additional information, as requested;

(e) The quality of the proposed program plan, including the range and quality of potential personal development plans;

(f) The willingness and ability of the prospective fiduciary organization to effect modifications to its proposed program plan;

(g) The capacity of the prospective fiduciary organization to work together with third-party contractors and other program plan partners to accomplish its proposed program plan as modified, if at all, by the Department or its designee;

(h) The Department's or its designee’s past experience with the entity, its proposed third-party contractors, other proposed program plan partners, and identified personnel;

(i) Public opinion or other input; and

(j) Department or its designee administrative interests.

(3) The Department or its designee may condition authorization of an entity as a fiduciary organization upon Department or designee-required changes in the terms of the entity's application including, but not limited to its proposed program plan. The Department or its designee also may condition its authorization upon such other requirements as the Department or designee determines to be appropriate.

History

Statutory/Other Authority: ORS 456.555, ORS 456.625 & ORS 458.700
Statutes/Other Implemented: ORS 315.271 & ORS 458.670 - 458.700
OHCS 4-2024, amend filed 04/03/2024, effective 04/03/2024
OHCS 7-2018, amend filed 05/30/2018, effective 05/30/2018
OHCS 2-2008, f. & cert. ef. 3-18-08
OHCS 13-2007(Temp), f. & cert. ef. 10-2-07 thru 3-30-08
OHCS 1-2003, f. & cert. ef. 4-4-03
OHCS 12-2002(Temp), f. & cert. ef. 10-8-02 thru 4-5-03

Or. Admin. R. 813-300-0040 Fiduciary Organization General Responsibilities

(1) All entities must satisfy applicable legal standards, including these rules as modified from time to time as well as orders and other directives of the Department or its designee, and be authorized in writing by the Department or its designee, prior to and during all times that such entities function as fiduciary organizations.

(2) Authorized fiduciary organizations must operate in a manner consistent with the program plan and organizational documents submitted by them to the Department or its designee as approved by the Department or designee. Fiduciary organizations may amend program plans and organizational documents from time to time with the prior written approval of the Department or its designee. The Department or its designee, from time to time, also may require changes to a program plan.

(3) Subject to Department or its designee approval, fiduciary organizations may engage third-party contractors or otherwise partner with others to perform program plan duties. Any contract or other agreement between a fiduciary organization and a third-party contractor or other partner must provide that the terms thereof and performance by the parties is subject to applicable law, these rules as amended from time to time, and the orders and directives of the Department or its designee.

(4) Fiduciary organizations assume full responsibility to the Department or its designee for operation of their program plan and the use of tax credit contributions and supplemental funds from the Department or its designee. Such assumption does not limit the Department's or its designee’s rights or powers with respect to, or the responsibility of, third-party contractors, fiduciary organization partners, account holders, designated beneficiaries, or others.

(5) The program plan duties of a fiduciary organization include, but are not necessarily limited to:

(a) Complying with applicable law, including these rules as amended from time to time, and orders and other directives of the Department or its designee;

(b) Preparing, updating, and complying with an applicable program plan as authorized by the Department or its designee;

(c) Correlating with account holders and designated beneficiaries in preparing and effecting the preparation of appropriate personal development plans consistent with the program plan;

(d) Managing personal development plans including where relevant, but not limited to, counseling account holders and designated beneficiaries, providing financial and asset literacy training, and conducting required verification and compliance activities;

(e) Arranging for, coordinating with, remunerating, auditing, and otherwise ensuring compliance by appropriate third-party contractors and others;

(f) Marketing to, evaluating applications by, and signing individual development account agreements with appropriate potential account holders;

(g) Establishing agreements with appropriate financial institutions to operate IDA accounts;

(h) Marketing tax credits, soliciting contributions, and providing other funding as necessary to cover those and other program plan costs including, without limitation, the management of personal development programs and the matching of IDA deposits by account holders;

(i) Maintaining records with respect to all program plan activities in a manner satisfactory to the Department and its designee, and providing the Department and its designee access to such records as required by the Department and its designee;

(j) Providing annual reports of IDA activity acceptable to the Department or its designee within 90 days after the end of the fiscal year of the fiduciary organization;

(k) Providing such other informational reporting to the Department as the Department or its designee may require in the form and at the times required by the Department or its designee; and

(l) Fully complying with all verification requirements of the Department or its designee, in a timely manner.

History

Statutory/Other Authority: ORS 456.555, ORS 456.625 & ORS 458.700
Statutes/Other Implemented: ORS 315.271 & ORS 458.670 - 458.700
OHCS 4-2024, amend filed 04/03/2024, effective 04/03/2024
OHCS 7-2018, amend filed 05/30/2018, effective 05/30/2018
OHCS 1-2003, f. & cert. ef. 4-4-03
OHCS 12-2002(Temp), f. & cert. ef. 10-8-02 thru 4-5-03

Or. Admin. R. 813-300-0050 Fiduciary Organization Selection of Account Holders and Designated Beneficiaries

(1) Each fiduciary organization must establish an application process for potential account holders and designated beneficiaries satisfactory to the Department or its designee. At a minimum, the application process must accomplish the following objectives:

(a) Verify the eligibility of each prospective account holder and of any prospective designated beneficiary;

(b) Assist each selected account holder and designated beneficiary, if any, to prepare an appropriate personal development plan;

(d) Engage a financial organization for maintenance of appropriate IDA accounts; and,

(e) Assure the collection of other information necessary for appropriate record keeping and reporting requirements.

(2) Subject to the approval of the Department or its designee and the limitations of applicable law, each fiduciary organization may impose such other criteria and require such other information in the selection of account holders and designated beneficiaries as that fiduciary organization deems to be appropriate.

(3) Additional selection criteria may include, but are not limited to the following:

(a) The capacity and funding of the fiduciary organization to accommodate prospective account holders and designated beneficiaries;

(b) The availability of necessary or appropriate third-party contractors and other partners;

(c) The extent to which the income and net worth of the prospective account holders are lower than the income and net worth limitations established in ORS 458.670(5) and 458.680(2);

(d) The accuracy, substance, and completeness of submitted applications;

(e) Any identified ability or inability of the prospective account holder or the prospective designated beneficiary to fulfill the terms of an appropriate IDA and the corresponding personal development plan;

(f) The cost and feasibility of an appropriate personal development plan;

(g) Past experience with prospective account holders and designated beneficiaries; and

(h) Such other considerations as the Department or its designee may identify.

History

Statutory/Other Authority: ORS 456.555, 456.625 & 458.700
Statutes/Other Implemented: ORS 315.271 & 458.670 - 458.700
OHCS 7-2018, amend filed 05/30/2018, effective 05/30/2018
OHCS 1-2003, f. & cert. ef. 4-4-03
OHCS 12-2002(Temp), f. & cert. ef. 10-8-02 thru 4-5-03

Or. Admin. R. 813-300-0060 Fiduciary Organization Suspension or Revocation of Account Holder Status

(1) Subject to these rules, fiduciary organizations, for cause, may suspend or revoke a person's status as an account holder or designated beneficiary and may suspend or revoke any related IDA and personal development plan.

(2) Factors that fiduciary organizations may consider as sufficient cause for any such suspension or revocation include the following:

(a) If an account holder or designated beneficiary is no longer a resident of Oregon or is otherwise unable to continue in the personal development program;

(b) A material misrepresentation or omission by the account holder or designated beneficiary to the fiduciary organization in the application or otherwise;

(c) A material failure by the account holder or designated beneficiary to comply with applicable law, these rules, orders or directives of the Department or its designee, the terms of the IDA or the terms of the personal development plan;

(d) Ineligibility of the account holder or designated beneficiary; and

(e) Failure by the account holder or designated beneficiary to cooperate reasonably with the fiduciary organization or its third-party contractors or other partners in the performance or evaluation of the personal development plan or in the performance, evaluation, or audit of the IDA and the funds related thereto.

(3) In conjunction with the revocation of any person's status as an account holder or designated beneficiary based on factors identified above in Section 813-300-0060(2), all matching IDA deposits and all interest earned on such matching IDA deposits shall revert to the fiduciary organization.

(4) Fiduciary organizations must provide thirty (30) days written notice to an account holder and any designated beneficiary receiving assistance through the account holder's personal development plan, and to the Department or its designee before suspending or revoking the person's status as an account holder. The notice must include a provision satisfactory to the Department advising the account holder of his or her right to obtain administrative review by the Department or its designee of any determination by the fiduciary organization to suspend or revoke his/her status as an account holder. The administrative review provision also must advise the account holder and any designated beneficiary receiving assistance through the account holder's personal development plan of their right to obtain administrative review by the Department or its designee of any determination by the fiduciary organization to suspend or revoke the related personal development plan or to rescind any right or interest of the account holder in, and to assume sole ownership of, any or all matching IDA deposits and the interest earned on such matching IDA deposits.

(5) A fiduciary organization may provide a shorter written notice of suspension or revocation if the fiduciary organization identifies in the notice the exigent circumstances reasonably requiring such shorter notice period.

History

Statutory/Other Authority: ORS 456.555 & ORS 456.625
Statutes/Other Implemented: ORS 315.271 & ORS 458.670 - 458.700
OHCS 4-2024, amend filed 04/03/2024, effective 04/03/2024
OHCS 7-2022, amend filed 03/08/2022, effective 03/18/2022
OHCS 8-2021, temporary amend filed 09/24/2021, effective 09/25/2021 through 03/23/2022
OHCS 7-2018, amend filed 05/30/2018, effective 05/30/2018
OHCS 2-2008, f. & cert. ef. 3-18-08
OHCS 13-2007(Temp), f. & cert. ef. 10-2-07 thru 3-30-08
OHCS 1-2003, f. & cert. ef. 4-4-03
OHCS 12-2002(Temp), f. & cert. ef. 10-8-02 thru 4-5-03

Or. Admin. R. 813-300-0070 Fiduciary Organization Funding

(1) Fiduciary organizations may solicit contributions and otherwise generate funding to finance their operations and to effectuate their program plan.

(2) Fiduciary organizations may apply to the Department or its designee for supplemental funding. Applications for supplemental funding must be in form, timing, and content satisfactory to the Department or its designee.

(3) The Department or its designee may provide supplemental funding and the conditions thereof in response to such applications, or on its own initiative, as the Department deems appropriate. In making supplemental funding determinations the Department or its designee may consider factors including, but not limited to the following:

(a) The financial need of the fiduciary organization;

(b) The progress of the fiduciary organization in implementing its program plan;

(c) Factors relevant to the Department's or designee’s review of the fiduciary organization's application for authorization;

(d) The fiduciary organization's own fundraising efforts;

(e) The availability of Department or its designee funds for this purpose; and

(f) The need for services in the area addressed by the fiduciary organization.

History

Statutory/Other Authority: ORS 456.555, ORS 456.625 & ORS 458.700
Statutes/Other Implemented: ORS 315.271 & ORS 458.670 - 458.700
OHCS 4-2024, amend filed 04/03/2024, effective 04/03/2024
OHCS 7-2018, amend filed 05/30/2018, effective 05/30/2018
OHCS 1-2003, f. & cert. ef. 4-4-03
OHCS 12-2002(Temp), f. & cert. ef. 10-8-02 thru 4-5-03

Or. Admin. R. 813-300-0080 Fiduciary Organization Use of Tax Credit Contributions and Supplemental Funds

(1) Oregon individual development account tax credit contributions to fiduciary organizations and any supplemental funds from the Department or its designee to fiduciary organizations must be used by fiduciary organizations solely for reasonable and documented program plan purposes consistent with these rules.

(2) In addition to any other limitations on supplemental funds imposed by the Department or its designee when providing such supplemental funds to fiduciary organizations, the following limitations apply to the use of tax credit contributions and supplemental funds:

(a) Fiduciary organizations only may expend tax credit contributions and supplemental funds in a manner consistent with their budget as approved by the Department or its designee;

(b) Fiduciary organizations may expend up to an amount authorized in writing by the Department and its designee for reimbursement of reasonable and appropriate administrative and program operational costs;

(d) Fiduciary organizations may not expend supplemental funds for administering the solicitation of tax credit contributions;

(e) Fiduciary organizations may expend tax credit contributions and supplemental funds for appropriate matching of account holder IDA deposits as specified in ORS 458.690 (1).

(3) The aggregate maximum amount of matching IDA funds that an account holder may accrue and a fiduciary organization may disburse during the existence of that account holder's IDA must not exceed $20,000.

(4) Reverted matching IDA deposits must be used by fiduciary organizations to make matching IDA deposits for eligible account holders consistent with these rules as soon as is reasonably practicable

History

Statutory/Other Authority: ORS 456.555 & ORS 456.625
Statutes/Other Implemented: ORS 315.271, ORS 458.670 - 458.700 & ORS 178.300 - 178.360
OHCS 4-2024, amend filed 04/03/2024, effective 04/03/2024
OHCS 7-2022, amend filed 03/08/2022, effective 03/18/2022
OHCS 10-2021, temporary amend filed 09/30/2021, effective 09/30/2021 through 03/23/2022
OHCS 8-2021, temporary amend filed 09/24/2021, effective 09/25/2021 through 03/23/2022
OHCS 1-2020, amend filed 01/24/2020, effective 01/24/2020
OHCS 7-2018, amend filed 05/30/2018, effective 05/30/2018
OHCS 2-2008, f. & cert. ef. 3-18-08
OHCS 13-2007(Temp), f. & cert. ef. 10-2-07 thru 3-30-08
OHCS 1-2003, f. & cert. ef. 4-4-03
OHCS 12-2002(Temp), f. & cert. ef. 10-8-02 thru 4-5-03

Or. Admin. R. 813-300-0090 Fiduciary Financial Controls; Audit and Repayment Responsibilities

(1) Fiduciary organizations, third-party contractors and other program plan partners shall maintain appropriate financial controls, acceptable to the Department and its designee and using generally accepted accounting principles, in the receipt and expenditure of tax credit contributions and supplemental funds.

(2) Fiduciary organizations by contract shall require third-party contractors and other program plan partners to maintain appropriate financial controls acceptable to the fiduciary organization and to the Department and its designee.

(3) Fiduciary organizations, third-party contractors and other program plan partners only shall charge reasonable and necessary costs to the program plan consistent with the approved program plan budget.

(4) All costs charged to the program plan by a fiduciary organization, third-party contractors, and other program plan partners shall be supported properly by vouchers and other records satisfactory to the Department and its designee that indicate in proper detail the nature and propriety of the costs.

(5) Fiduciary organizations, third-party contractors and other program plan partners shall cooperate fully with all audits of them by the Department and its designee, the Office of the Secretary of State or the Department of Justice with respect to relevant program plans.

(6) Fiduciary organizations are responsible to the Department or its designee for the immediate repayment of all unused or improperly expended tax credit contributions and supplemental funds.

(7) Fiduciary organizations and any relevant third-party contractor or other program plan partner are jointly and severally responsible to the Department or its designee for the immediate repayment of all tax credit contributions and supplemental funds improperly retained or improperly expended by any such third-party contractor or other program plan partner of a fiduciary organization.

History

Statutory/Other Authority: ORS 456.555, ORS 456.625 & ORS 458.700
Statutes/Other Implemented: ORS 315.271 & ORS 458.670 - 458.700
OHCS 4-2024, amend filed 04/03/2024, effective 04/03/2024
OHCS 7-2018, amend filed 05/30/2018, effective 05/30/2018
OHCS 1-2003, f. & cert. ef. 4-4-03
OHCS 12-2002(Temp), f. & cert. ef. 10-8-02 thru 4-5-03

Or. Admin. R. 813-300-0100 Fiduciary Organization Records and Reporting Requirements

(1) Fiduciary organizations shall prepare and maintain appropriate, accurate and complete program plan record-keeping systems and records satisfactory to the Department and its designee. Such record-keeping systems also must cover and include records generated by third-party contractors and other program plan partners.

(2) A fiduciary organization must maintain separate files for each account holder that, at a minimum, includes the following records:

(a) Documentation of income eligibility;

(b) The personal development plan;

(d) Documentation of Oregon state residency;

(e) Records of the account holder’s IDA savings account balance at the time of each matched withdrawal, and other financial information necessary for the determination of eligibility for matching IDA funds;

(f) Evidence of training received;

(g) Documentation of any determination with respect to the eligibility status of the account holder or any beneficiaries;

(h) Documentation of any exit interviews; and

(i) Any other information required by the Department or its designee.

(3) Fiduciary organizations shall maintain such program plan record-keeping systems as required by the Department or its designee.

(4) Fiduciary organizations shall maintain program plan records for a period of six (6) years from the date of completion or revocation of each account holder's or designated beneficiary's personal development plan and the expiration of the IDA. The Department and its designee may require fiduciary organizations to maintain records for longer periods including, without limit, for unresolved audit matters.

(5) The Department or its designee, the Office of the Secretary of State and the Department of Justice shall be permitted to inspect, copy and audit any and all program plan records and take other action that to them seems appropriate in the conduct of such inspections or audits.

(6) Fiduciary organizations shall file quarterly reports with the Department or its designee in form, substance and timing acceptable to the Department or its designee.

(7) Fiduciary organizations shall deliver quarterly reports to the Department or its designee no later than 5:00 p.m. on the date determined by the Department or its designee. Quarterly reporting periods end on March 31, June 30, September 30, and December 31 of each calendar year. Reports shall be in a format approved by the Department and its designee.

(8) Fiduciary organizations shall participate in data collection and reporting as required by the Department and its designee.

(9) Quarterly and/or annual reports submitted by the designee to the Department shall include, but are not limited to, the following:

(a) Summary demographic data and cumulative totals regarding current account holders;

(b) New account and graduate reports regarding account holders entering and exiting program; and

(c) A funds tracking report accounting for funds allocated to account holders, dispersed as match, for program delivery, for administration, and for funds held in reserve, in a format agreed upon with the Department and its designee

History

Statutory/Other Authority: ORS 456.555, ORS 456.625 & ORS 458.700
Statutes/Other Implemented: ORS 315.271 & ORS 458.670 - 458.700
OHCS 4-2024, amend filed 04/03/2024, effective 04/03/2024
OHCS 7-2018, amend filed 05/30/2018, effective 05/30/2018
OHCS 3-2010, f. & cert. ef. 1-7-10
OHCS 2-2008, f. & cert. ef. 3-18-08
OHCS 13-2007(Temp), f. & cert. ef. 10-2-07 thru 3-30-08
OHCS 1-2003, f. & cert. ef. 4-4-03
OHCS 12-2002(Temp), f. & cert. ef. 10-8-02 thru 4-5-03

Or. Admin. R. 813-300-0110 Account Holder and Beneficiary Responsibilities

(1) To be an account holder, eligible persons must apply to a fiduciary organization authorized by the Department or its designee and in a manner established by the fiduciary organization as approved by the Department or its designee.

(2) Persons selected to be account holders must execute an IDA with their fiduciary organization and, as necessary, with a financial institution, in form and content satisfactory to the Department or its designee before they may act as account holders.

(3) Account holders and beneficiaries at all times must comply with applicable law, these rules, applicable orders and directives of the Department or its designee and their fiduciary organization, the provisions of their IDA, and their personal development plan.

(4) Account holders at all times must be residents of the state of Oregon. When the account is opened, the applicant to become an account holder must be a member of a lower income household.

(5) Account holders, upon request by the Department or its designee or their fiduciary organization, and as otherwise required by the terms of their IDA, must provide evidence satisfactory to the Department or its designee and to their fiduciary organization that they and any beneficiaries qualify by residence, income, and age (if applicable) to be account holders or beneficiaries.

(6) Account holders, upon request by the Department or its designee or their fiduciary organization, and as otherwise required by the terms of their IDA, must provide evidence satisfactory to the Department or its designee and to their fiduciary organization that they and any beneficiaries are complying with the terms of their IDA and its associated personal development plan.

(7) Account holders and their beneficiaries must cooperate fully with the Department and its designee and their own fiduciary organization in any review or audit of the IDA, of their personal development plan, or of their eligibility.

History

Statutory/Other Authority: ORS 456.555, 456.625 & 458.700
Statutes/Other Implemented: ORS 315.271 & 458.670 - 458.700
OHCS 4-2024, amend filed 04/03/2024, effective 04/03/2024
OHCS 7-2018, amend filed 05/30/2018, effective 05/30/2018
OHCS 1-2003, f. & cert. ef. 4-4-03
OHCS 12-2002(Temp), f. & cert. ef. 10-8-02 thru 4-5-03

Or. Admin. R. 813-300-0120 Account Holder Use of Funds

(1) Account holders only may withdraw and use IDA matching deposits as approved by their fiduciary organization, in a manner consistent with their IDA, the relevant personal development plan, ORS 458.685, these rules and any relevant directives of the Department and its designee.

(2) Account holders only may withdraw and use IDA matching deposits for the purposes identified in ORS 458.685 (a)-(n), and as additionally specified below:

(a) If the account holder has established an account for the acquisition of post-secondary education or job training, the account holder may withdraw, or authorize the withdrawal of funds, including matching deposits, into a college savings network account under ORS 178.300 to 178.360. The rollover of moneys into a college savings network account under this subsection may not cause the amount in the college savings network account to exceed the limit on total contributions established pursuant to ORS 178.335. Any amount of the rollover that has been subtracted on the taxpayer’s federal return pursuant to section 219 of the Internal Revenue Code shall be added back in the determination of taxable income.

(b) For the purchase of equipment, technology, or specialized training required to become competitive in obtaining or maintaining employment or to start or maintain a business, or to increase the independence of an account holder. This use includes purchase of mobility devices and other assistive technology.

(c) If the account holder has established an account for the purpose of saving for retirement, the account holder may withdraw or authorize the withdrawal of funds, including matching deposits and interest into an individual retirement account, a retirement plan, or a similar account or plan established pursuant to the terms of The Internal Revenue Code of 1986, as amended. Any amount of the rollover that has been subtracted on the taxpayer’s federal return pursuant to section 219 of the Internal Revenue Code shall be added back in the determination of taxable income.

(3) Account holders may not use IDA deposits to purchase a primary residence if they have owned or held any interest in a residence during the three years prior to making the purchase for which they intend to use IDA deposits. This three-year restriction shall not apply as specified in 458.685 (d) or for a tribal member who has an interest in trust land and still has rights to an allotment under the Dawes Act Public Law 280 and amended in 1891, the 1906 Burke Act and the 1910 Omnibus Act Statutes at Large 24, 388-91, NADP Document A1887, but the tribal member faces multiple ownership of his or her land status and cannot successfully achieve sole ownership in order to receive any equity or collateral from that allotment. If the tribal member solely owns a residence on land known as an allotment and has successfully received sole ownership including the receipt of title status report (TSR) through the Bureau of Indian Affairs, they may not use IDA deposits to purchase a primary residence. If the person can receive more than $2500 in equity or collateral of their allotment, the value over $2500 shall be included in their asset limit.

History

Statutory/Other Authority: ORS 456.555 & ORS 456.625
Statutes/Other Implemented: ORS 458.670 - 458.700 & ORS 178.300 - 178.360
OHCS 4-2024, amend filed 04/03/2024, effective 04/03/2024
OHCS 7-2022, amend filed 03/08/2022, effective 03/18/2022
OHCS 8-2021, temporary amend filed 09/24/2021, effective 09/25/2021 through 03/23/2022
OHCS 1-2020, amend filed 01/24/2020, effective 01/24/2020
OHCS 7-2018, amend filed 05/30/2018, effective 05/30/2018
OHCS 2-2016, f. & cert. ef. 3-25-16
OHCS 2-2008, f. & cert. ef. 3-18-08
OHCS 13-2007(Temp), f. & cert. ef. 10-2-07 thru 3-30-08
OHCS 9-2003, f. & cert. ef. 12-19-03
OHCS 1-2003, f. & cert. ef. 4-4-03
OHCS 12-2002(Temp), f. & cert. ef. 10-8-02 thru 4-5-03

Or. Admin. R. 813-300-0130 Voluntary Revocation of Fiduciary Organization Role

(1) Any fiduciary organization may request the consent of the Department and its designee to revocation of the fiduciary organization’s program plan and its authorization as a fiduciary organization by giving written notice of such request at least 30 days prior to the requested date of revocation.

(2) In determining whether or not to provide its consent to revocation of authorization of a fiduciary organization, the Department and its designee may consider factors including, but not limited to the following:

(a) The financial and organizational capacity of the fiduciary organization to continue;

(b) The impact of the revocation upon account holders and designated beneficiaries;

(d) The current eligibility of the fiduciary organization;

(e) The ability and willingness of the fiduciary organization to transfer account holder IDAs and related personal development plans, and the management and funding of same, to other fiduciary organizations;

(f) The ability and willingness of the fiduciary organization to transfer tax credit contributions, supplemental funds, and other moneys to other fiduciary organizations in support of the transfer of account holder IDAs and related personal development plans;

(g) Whether or not the fiduciary organization has delivered to the Department or its designee any unused tax credit contributions, supplemental funds and any other moneys.

(3) The Department and its designee may create a plan for winding down the IDA program operations of fiduciary organization no longer willing and able to perform responsibilities of an fiduciary organization, including terms and conditions for transferring account holders to other fiduciary organizations.

History

Statutory/Other Authority: ORS 456.555, ORS 456.625 & ORS 458.700
Statutes/Other Implemented: ORS 315.271 & ORS 458.670 - 458.700
OHCS 4-2024, amend filed 04/03/2024, effective 04/03/2024
OHCS 7-2018, amend filed 05/30/2018, effective 05/30/2018
OHCS 1-2003, f. & cert. ef. 4-4-03
OHCS 12-2002(Temp), f. & cert. ef. 10-8-02 thru 4-5-03

Or. Admin. R. 813-300-0140 Financial Institutions

Financial Institutions shall secure and maintain IDA deposits in accordance with law and the terms of the applicable IDA.

History

Statutory/Other Authority: ORS 456.555, 456.625 & 458.700
Statutes/Other Implemented: ORS 315.271 & 458.670 - 458.700
OHCS 1-2003, f. & cert. ef. 4-4-03
OHCS 12-2002(Temp), f. & cert. ef. 10-8-02 thru 4-5-03

Or. Admin. R. 813-300-0150 Tax Credit Contributor

(1) Contributions to the Oregon IDA Initiative approved by the Department or its designee may qualify for an Oregon IDA tax credit.

(2) The percentage of tax credit to be awarded to taxpayers is determined by the Department following consideration of a recommendation by the Department’s designee and input from the fiduciary organization if appliable. In making such a determination, the Department or its designee may consider any factors that it deems appropriate, including but not limited to:

(a) The availability of the Oregon IDA Tax Credit; and

(b) The nature and value of the contribution.

(3) The percentage of allowable credit will be determined in advance of accepting contributions.

(4) The maximum percentage of tax credit allowable to a single taxpayer within a particular year is 90%.

(5) The maximum tax credit allowable to a single taxpayer within a particular year is $500,000.

(6) Contributions from contributors not utilizing an Oregon IDA tax credit may be eligible for a charitable deduction against taxable income.

(7) The Department and its designee make no representation on whether or not specific contributions qualify for an Oregon IDA tax credit. In all cases, contributors are encouraged to seek professional advice to determine the actual tax ramifications of their contribution.

History

Statutory/Other Authority: ORS 456.555, ORS 456.625 & ORS 458.700
Statutes/Other Implemented: ORS 315.271 & ORS 458.670 - 458.700
OHCS 4-2024, amend filed 04/03/2024, effective 04/03/2024
OHCS 1-2020, amend filed 01/24/2020, effective 01/24/2020
OHCS 7-2018, amend filed 05/30/2018, effective 05/30/2018
OHCS 11-2016, f. & cert. ef. 10-13-16
OHCS 3-2016(Temp), f. & cert. ef. 4-20-16 thru 10-14-16
OHCS 2-2016, f. & cert. ef. 3-25-16
OHCS 18-2015(Temp), f. & cert. ef. 10-5-15 thru 4-1-16
OHCS 1-2003, f. & cert. ef. 4-4-03
OHCS 12-2002(Temp), f. & cert. ef. 10-8-02 thru 4-5-03

Or. Admin. R. 813-300-0160 Department Regulation and Enforcement

(1) The Department and its designee may limit, suspend or revoke its authorization of a fiduciary organization. In addition to, or in lieu of, such action, the Department or its designee may require the fiduciary organization to take appropriate remedial action including, without limitation, to complete any or all IDA's current at the time of revocation, to return supplemental funds to the Department or its designee, to transfer contributions as required by the Department or its designee, and to meet such other requirements and submit to such audits and reviews as the Department and its designee deems appropriate.

(2) The Department and its designee may refuse to approve any proposed fiduciary organization action requiring such approval. The Department and its designee also may condition its approval of any proposed fiduciary organization action requiring such approval.

(3) The Department or its designee may require fiduciary organizations to terminate or revise contracts or other engagements with any financial institution, third-party contractor or other program plan partner.

(4) The Department or its designee may require the revocation of any individual development account. The Department or its designee may require the transfer of any individual development account, including related deposits, from one fiduciary organization to another or to such other fiduciary as the Department or its designee determines to be appropriate.

(5) The Department and its designee may audit any fiduciary organization, any third-party contractor, and any other program plan partner. The Department and its designee also may inspect and copy IDA program documents in the possession or under the control of such entities including, without limitation, any individual development account, any contract or other IDA program agreement, and any personal development plan.

(6) The Department or its designee may suspend, revoke or require modifications in personal development plans.

(7) The Department or its designee, on its own initiative or at the request of an aggrieved party, may review fiduciary organization decisions with respect to individual development accounts, including but not limited to decisions to withdraw matching funds from individual development accounts or to suspend or revoke matching deposits.

(8) The Department or its designee may suspend, overturn or modify fiduciary organization decisions with respect to individual development accounts including, but not limited to funding decisions.

(9) The Department or its designee, on its own initiative or at the request of any aggrieved party, may review other fiduciary organization decisions with respect to program plan matters including, without limitation, decisions made through third-party contractors and other program plan partners.

(10) The Department or its designee may suspend, overturn or modify fiduciary organization program plan decisions.

(11) The Department and its designee may take such other action to regulate and enforce compliance with the IDA program, including these rules, as the Department and its designee determines to be necessary or appropriate.

(12) Factors that the Department or its designee may consider in taking any regulatory or enforcement action under these rules may include, but are not limited to the following:

(a) Those factors identified in these rules for the authorization of fiduciary organizations;

(b) A person or entity's compliance with these rules and other relevant law;

(d) The integrity of account management; and

(e) The best interests of account holders and designated beneficiaries.

History

Statutory/Other Authority: ORS 456.555 & ORS 456.625
Statutes/Other Implemented: ORS 315.271, ORS 458.670 - 458.700 & ORS 458.685 (2)(b)
OHCS 4-2024, amend filed 04/03/2024, effective 04/03/2024
OHCS 7-2022, amend filed 03/08/2022, effective 03/18/2022
OHCS 8-2021, temporary amend filed 09/24/2021, effective 09/25/2021 through 03/23/2022
OHCS 7-2018, amend filed 05/30/2018, effective 05/30/2018
OHCS 1-2003, f. & cert. ef. 4-4-03
OHCS 12-2002(Temp), f. & cert. ef. 10-8-02 thru 4-5-03

Or. Admin. R. 813-300-0170 Administrative Review

(1) Account holders and designated beneficiaries aggrieved by any decision of a fiduciary organization to suspend or revoke the account holder's IDA, any decision by the fiduciary organization to suspend or revoke a personal development plan, any decision by the fiduciary organization to withdraw matching IDA deposits may request administrative review by the Department or its designee.

(2) The request for administrative review must be in writing, stating the nature of the decision, the reasons why the aggrieved party disagrees with the decision, and the nature of the requested relief.

(3) The request for administrative review must be delivered to the Department or its designee within thirty (30) days from the date that the aggrieved party receives written notice of the decision by the fiduciary organization. The aggrieved party simultaneously shall provide a copy of the request for administrative review to the fiduciary organization.

(4) Upon receipt of an appropriate request for administrative review, the Department or its designee will make such investigation of the matter as it determines to be appropriate. In making any such investigation, the Department or its designee may require and receive from the parties or other participants in the program plan any additional information or require such other proceedings as it deems appropriate.

(5) The Department or its designee will provide its written determination on the request for administrative review following the completion of its investigation. The Department or its designee also may issue such preliminary orders as it deems appropriate pending the issuance of its written determination.

(6) In its written determination, or in any preliminary order, the Department or its designee may reverse, revise, stay, or approve the decision at issue made by the fiduciary organization.

(7) The Department or its designee also may enforce its written determinations and preliminary orders by such action as it deems appropriate.

History

Statutory/Other Authority: ORS 456.555, ORS 456.625 & ORS 458.700
Statutes/Other Implemented: ORS 315.271 & ORS 458.670 - 458.700
OHCS 4-2024, amend filed 04/03/2024, effective 04/03/2024
OHCS 7-2018, amend filed 05/30/2018, effective 05/30/2018
OHCS 1-2003, f. & cert. ef. 4-4-03
OHCS 12-2002(Temp), f. & cert. ef. 10-8-02 thru 4-5-03

Division 310 SUBSIDIZED DEVELOPMENT VISITABILITY

Or. Admin. R. 813-310-0005 Purpose and Objective

OAR 813, division 310 is promulgated to accomplish the general purposes of ORS 456.506 through 456.514, visitability requirements for subsidized development.

History

Statutory/Other Authority: ORS 183 & 456.514
Statutes/Other Implemented: ORS 456.506 - 456.514
OHCS 3-2004, f. & cert. ef. 6-28-04

Or. Admin. R. 813-310-0010 Applicability

These rules apply to the new construction of one or more rental housing units receiving development subsidies from the Department as described in ORS 456.508(7). Covered housing units include Department subsidized townhouses as well as other forms of rental housing. These rules also apply to group homes. These rules do not apply to homeownership housing, to farmworker housing located on a farm or to the acquisition, alteration, renovation or remodeling of existing structures. The visitability requirements are not the same as federal, or state accessibility or adaptability requirements.

History

Statutory/Other Authority: ORS 183 & 456.514
Statutes/Other Implemented: ORS 456.506 - 456.514
OHCS 3-2004, f. & cert. ef. 6-28-04

Or. Admin. R. 813-310-0015 Federal and State Requirements Resolution

Where other state and federal accessibility requirements apply, including but not limited to the Americans with Disabilities Act requirements, that differ from these visitability requirements and both apply to a subsidized development project, the more stringent requirements shall control. It should be noted that there are other accessibility requirements established in state and federal law. Chief among these are the Oregon Structural Speciality Code, and when applicable, the Americans with Disabilities Act or Uniform Federal Accessibility Standards. Pursuant to state code requirements, public and common use areas and facilities such as recreational facilities, laundry facilities, garbage and recycling collection areas, mailbox locations, lobbies, foyers and management offices shall be accessible in applicable multifamily housing. (chapter 11, division I — Building Accessibility, New Construction, Group R Occupancies, Section 1106.1.10 — General, Oregon Structural Speciality Code).

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183 & 456.514
Statutes/Other Implemented: ORS 456.506 - 456.514
OHCS 3-2004, f. & cert. ef. 6-28-04

Or. Admin. R. 813-310-0020 Definitions

All words and terms used in OAR 813, division 310, are defined as follows:

(1) “Accessible” means, as defined in ORS 456.508(1), that housing complies with federal accessibility guidelines implementing the Fair Housing Amendments Act of 1988, 42 U.S.C. 3601 et seq., as amended and in effect on January 1, 2004.

(2) “Accessible powder room” means a powder room that meets the requirements for accessibility set forth in the Oregon Structural Specialty Code as of July 1, 2004, and where applicable, the Americans with Disabilities Act or Uniform Federal Accessibility Standards as of July 1, 2004. Accessibility requirements include the provision of greater maneuverability in a powder room than is provided by visitability requirements.

(3) “Adaptable powder room” means a powder room in which the fixture design, clear floor space, and wall reinforcing meet the requirements set forth in Division III — Covered Multifamily Dwelings, Section 1110.6.4 Toilet and Bathing Fixtures of the Oregon Structure Specialty Code as of July 1, 2004.

(4) “Common living space” means, as defined in ORS 456.508(2), a living room, family room, dining room or kitchen.

(5) “Contiguous units” means, as defined in ORS 456.508(3), units that are on the same tax lot or on contiguous tax lots that have a common boundary. Tax lots that are separated by a public road are contiguous tax lots for purposes of these rules.

(6) “Curb ramp” means a short ramp cutting through curb or built up to it.

(7) “Group home” means a single-family residence intended to house eight or fewer unrelated people as determined by the Department on a case by case basis. For purposes of this division, a group home is defined as a single dwelling unit.

(8) “Maximum threshold height” for an entrance or doorway means the maximum vertical distance between the top of the threshold and the adjacient interior or exterior floor surface.

(9) “New” means, as defined in ORS 456.508(4), that the housing being constructed did not previously exist in residential or nonresidential form. “New” does not include the acquisition, alteration, renovation or remodeling of an existing structure.

(10) “Oregon Housing and Community Services,” “Department” and “OHCS” mean the Oregon Housing and Community Services Department of the State of Oregon.

(11) “Powder room” means, as defined in ORS 456.508(5), a room containing at least a toilet and a sink.

(12) “Ramp” means a traveling surface that has a running slope of greater than one unit vertical in 20 units horizontal.

(13) “Ramp slope” means the ratio of vertical rise (y) of a ramp to its horizontal run (x).

(14) “Rental housing” means, as defined in ORS 456.508(6), a dwelling unit designed for non-owner occupancy under a tenancy typically lasting six months or longer. For purposes of this division, rental housing also means month to month and fixed-term tenancies and transitional housing, but not emergency housing.

(15) “Shared community room” means an indoor space for common use by tenants or visitors that can be used for tenant meetings, education or recreation. A shared living room in a group home is not considered to be a shared community room.

(16) “Significant amount of financial aid” as contributed by another government agency to a subsidized development means either:

(a) 25 percent or more of the anticipated total development cost at the time of initial funding, or

(b) Project based rental assistance for a minimum of 50 percent of the units for an anticipated period of multiple years.

(17) “Subsidized development” means:

(a) As defined in ORS 456.508(7), rental housing that receives one or more of the following development subsidies from the Oregon Housing and Community Services Department.

(A) The federal low-income housing tax credit under 26 U.S.C. 42(a), if no part of the eligible basis prior to the application of 26 U.S.C. 42(i)(2)(B) was financed with an obligation described in 26 U.S.C. 42(h)(4))A), all as amended and in effect on January 1, 2004;

(B) A farmworker housing tax credit, as described in ORS 315.164;

(D) Funding under the federal HOME Investments Partnership Act, 42 U.S.C. 12721 to 12839, as amended and in effect on January 1, 2004;

(E) Moneys from the Oregon Housing Trust Fund created under ORS 458.620; or

(F) Moneys from other grant or tax incentive programs administered by the Oregon Housing and Community Services Department under ORS 456.559.

(b) Does not include housing that is not receiving funding from a development subsidy described in OAR 813-310-0020(17)(a) and has been subsidized with OHCS bond financing, for purposes of these rules.

(18) “UBC Requirements” means requirements found in Chapter 11 of the State of Oregon Structural Specialty Code, as of July 1, 2004. (Based on the Uniform Building Code).

(19) “Undue costs” means construction costs that, as determined by the Department, are unreasonably in excess of the costs normally associated with meeting the Department’s architectural requirements, but otherwise would be necessary to meet the requirements of these rules. Undue costs include without limitation those costs that exceed $1,000 above the costs necessary to meet Department architectural standards without the requirement of this division when calculated on a unit by unit basis. (For example, the Department has the expectation that town homes have both a front and rear exterior entrance. The cost of providing a clear visitable path to a visitable entrance would not include the door itself. The cost could include ramping and the incremental cost of a larger door.) Undue costs for a community powder room includes costs that exceed $2,000 for visitability alterations. The Department may grant an exemption or partial exemption from any part of the visitability requirements for undue cost reasons even when excess costs are below $1,000 per unit or $2,000 for a community powder room, if the Department determines the situation is justified based on factors including, but not limited to:

(a) The cost of a specific alteration relative to the visitability achieved thereby.

(b) The existence of alternative visitability comparable to that to be achieved by the alteration.

(20) “Undue constraints” means financial or other factors that in the determination of the Department may inappropriately limit the development or its operation. An oddly shaped property, for example, may justify consideration for exemption from the visitability requirements regarding external ramps. Another example may be the security or staffing associated with having 24-hour availability for the community powder room. Factors the Department may consider in making such a determination include, but are not limited to:

(a) Whether applying these rules may result in a loss of units.

(b) Whether applying these rules may result in a need to raise rents by a significant amount (loss of affordability);

(21) “Visitable” means, as defined by ORS 456.508(8), capable of being approached, entered and used by individuals with mobility impairments, including but not limited to individuals using wheelchairs.

(22) “Visitable exterior route” means a visitable route of travel between the site perimeter and a visitable unit entrance. For example, in a multistory structure with an elevator, this means a route from the building entrance to a specific unit entrance. It also refers to a route of travel between a visitable unit and common use areas such as parking, lobbies, mailboxes, management offices, recreational facilities, laundries, and garbage and recycling areas.

(23) “Visitable interior route” means a visitable route inside a visitable unit.

(24) “Walk” means an exterior pathway with a prepared surface intended for pedestrian use including general pedestrian areas such as plazas and courts.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183 & 456.514
Statutes/Other Implemented: ORS 456.506 - 456.514
OHCS 3-2004, f. & cert. ef. 6-28-04

Or. Admin. R. 813-310-0025 Visitability Requirements

Except as provided in ORS 456.513 and consistent with these rules, the Department may not provide funding for the development of new rental housing that is a subsidized development unless:

(1) Each dwelling unit of the housing meets the following requirements:

(a) At least one visitable exterior route leading to a dwelling unit entrance that is stepless and has a minimum clearance of 32 inches.

(b) One or more visitable routes between the visitable dwelling unit entrance and a visitable common living space.

(d) One or more visitable routes between the dwelling unit entrance and a powder room.

(e) A powder room doorway that is stepless and has a minumum clearance of 32 inches.

(f) A powder room with walls that are reinforced in a manner suitable for handrail installation. For purposes of this paragraph, handrail means grab bar.

(g) Light switches, electrical outlets and environmental controls that are at a reachable height.

(2) For a development that has a shared community room or that has 20 or more contiguous units, there is at least one community powder room available for all tenants and guests that is accessible, except as provided by OAR 813-310-0030(2). This requirement does not apply to group homes.

(3) For a multi-story structure without an elevator, this section applies only to dwelling units on the ground floor of the structure.

(4) The visitability requirements of ORS 456.510 enumerated in this section do not apply to farmworker housing located on a farm.

History

Statutory/Other Authority: ORS 183 & 456.514
Statutes/Other Implemented: ORS 456.506 - 456.514
OHCS 3-2004, f. & cert. ef. 6-28-04

Or. Admin. R. 813-310-0030 Community Powder Room

(1) Except as provided by subsection (2) of this section, the required community powder room shall be available for use 24-hours per day, 7 days per week. This availability may be provided by on-site or on-call staff, through the use of keys, keypads or electronic code locks, or by other means, as approved by the Department.

(2) Group homes are exempt from the community powder room requirements.

(3) A subsidized development shall also be exempt from the requirement to make the required community powder room available for use 24-hours per day if justification is provided to the Department demonstrating that all of the visitable units in the development include an adaptable powder room that meets the requirements of OAR 813-310-0025 and also has at least one grab bar. The grab bar shall be installed on the wall beside the toilet and shall meet ADA standards as of July 1, 2004, for proper installation, diameter and length. (In considering whether all the units of a subsidized development have met the provisions of this subsection, the Department will exclude units that have already been given a full exemption from the powder room visitability requirements.) In addition to providing adaptable powder rooms in visitable units, an applicant requesting this exemption shall provide a list to OHCS of the hours that the community powder room will be available. Where the Department grants an exemption under this provision, the Department shall encourage that subsidized development to provide access upon request to any community powder room, where feasible.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183 & 456.514
Statutes/Other Implemented: ORS 456.506 - 456.514
OHCS 3-2004, f. & cert. ef. 6-28-04

Or. Admin. R. 813-310-0035 Visitable Exterior Route Requirements

Each visitable unit must be connected to common use areas (such as parking, lobbies, mailboxes, management offices, recreational facilities, laundries and garbage and recycling areas) by a visitable exterior route.

History

Statutory/Other Authority: ORS 183 & 456.514
Statutes/Other Implemented: ORS 456.506 - 456.514
OHCS 3-2004, f. & cert. ef. 6-28-04

Or. Admin. R. 813-310-0040 Walk, Ramp, Handrail and Curb Ramp Requirements

To satisfy the visitability requirements of this division, relevant walks, ramps, handrails and curbs must meet requirements as follows:

(1) Walks. Walks along a visitable exterior route shall meet the following criteria:

(a) Width. The minimum clear width of a walk shall not be less than 36 inches.

(b) Slope and Rise. The slope of a walk shall not exceed one unit vertical in 20 units horizontal (5% slope).

(d) Edge Protection. Along a visitable exterior route, a continuous 2 inch high curb shall be required on both sides of walks that are 12 inches or higher above the adjacent grade. This applies to both flat and sloped portions of walks, regardless of size, as well as flat areas such as plazas and courts. Along a sloped walk, a portion of which requires a curb, the height of the curb shall gradually taper until the walk is no higher than 2 inches above adjacent grade.

(2) Ramps. Ramps along a visitable exterior route shall meet the following criteria:

(a) Width. The minimum clear width of a ramp shall not be less than 36 inches.

(b) Slope. The maximum slope of a ramp shall not exceed one unit vertical in 12 units horizontal (8.33% slope). The maximum rise for any run shall be 30 inches.

(d) Surface. Ramps along a visitable exterior route shall have a firm, stable, slip resistent surface.

(e) Landings. Ramps along a visitable route shall have landings at the top and bottom, and at least one intermediate landing for each 30 inches of rise. Landings shall have a minimum dimension, measured in the direction of travel of 60 inches. The width of any landing may not be less than the width of the ramp. Where the ramp changes direction, the minimum size of the ramp shall be 60 inches by 60 inches.

(3) Curb Ramps. Curb ramps shall be required where curbs lie along a visitable route.

(a) Width. Curb ramps shall have a minimum width of 36 inches.

(b) Slope. Curb ramps shall have a maximum slope of 1 unit vertical to 12 units horizontal. Transitions from curb ramps to walks, gutters and vehicular ways shall be flush and free of abrupt changes in height.

(c) Side Slopes. Curb ramps located where pedestrians must walk across the ramp shall have sloped sides whose slope does not exceed 1:10.

(d) Surfaces. Curb ramps along visitable exterior routes shall have a firm, stable, slip resistent surface.

(e) Location. Curb ramps shall be built so as not to project into vehicular ways or be located within accessible parking spaces.

(4) Handrails. Ramps with a total rise of 12 inches or less or a horizontal projection of 144 inches or less are not subject to the handrail requirement. The handrail requirement must be met on all other ramps. Where handrails are required, the handrail must meet the requirements set forth in chapter 11, division II-Element Requirements, Section 1109.10.11.3, Structural Strength, of the Oregon Structural Specialty Code as of July 1, 2004. Handrails shall have an outside diameter of not less than 1 1/4 inches or more than 2 inches, a 1 1/2 inch clear distance between the handrail and an adjacent wall, and must extend the full length of the ramp, including the landing. Unless otherwise required by federal or state code, a handrail on one side of the exterior visitable route is sufficient and need not include extensions beyond the length of the ramp and landing.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183 & 456.514
Statutes/Other Implemented: ORS 456.506 - 456.514
OHCS 3-2004, f. & cert. ef. 6-28-04

Or. Admin. R. 813-310-0045 Visitable Exterior Unit Entrance Requirements

Visitable exterior unit entrances to dwelling units shall meet the following criteria:

(1) Adjacent Surfaces. Each visitable entrance shall have a flat surface immediately adjacent to and level with the entrance. On the exterior, the surface may be sloped for drainage at a rate of no greater than 1 unit vertical to 50 units horizontal (2% slope). The surface shall be at least 36 inches wide. It shall be at least 48 inches deep in the direction of travel on the push side of the door and not less than 60 inches deep in the direction of travel on the pull side of the door. Where the door is not in the direction of travel, the minimum size of the flat surface shall be 60 inches by 60 inches.

(2) Exterior Door Width. An exterior door shall have a clear opening of at least 32 inches.

(3) Threshold. The maximum threshold height shall be 3/4 inch for exterior sliding doors and 1/2 inch for all other exterior doors. The threshold shall be beveled down to the adjacent surface at a slope not steeper than 1:2.

History

Statutory/Other Authority: ORS 183 & 456.514
Statutes/Other Implemented: ORS 456.506 - 456.514
OHCS 3-2004, f. & cert. ef. 6-28-04

Or. Admin. R. 813-310-0050 Visitable Interior Route and Doorway Requirements

(1) Hallways along a visitable route shall have a minimum clearance of 36 inches, and doorways along that route shall have a minimum clearance of 32 inches.

(2) The maximum threshold height for visitable interior doors shall be 1/2 inch. The threshold shall be beveled down to the adjacent surface at a slope not steeper than 1:2.

(3) The visitable powder room doorway shall have either an exterior swing door, a pocket door, or an interior swing door. An exterior swing door shall not block access along the visitable interior route, in the Department’s determination. An interior swing door shall not block the reasonable use of the fixtures in the powder room, in the Department’s determination.

History

Statutory/Other Authority: ORS 183 & 456.514
Statutes/Other Implemented: ORS 456.506 - 456.514
OHCS 3-2004, f. & cert. ef. 6-28-04

Or. Admin. R. 813-310-0055 Light Switches, Electrical Outlets and Environmental Control Requirements

Light switches, electrical outlets and environmental controls in the dwelling units shall be installed no lower than 15 inches, or any higher than 48 inches, above the adjacent floor level.

History

Statutory/Other Authority: ORS 183 & 456.514
Statutes/Other Implemented: ORS 456.506 - 456.514
OHCS 3-2004, f. & cert. ef. 6-28-04

Or. Admin. R. 813-310-0060 Group Home Visitability Requirements

Group homes are generally considered to be a single unit. Consequently, as with a single unit, these rules require only one visitable exterior route, one visitable entrance, and one powder room with a visitable interior route and a visitable doorway for a group home. The shared space in a group home is not considered to be a shared community room as defined in OAR 813-310-0020(15) and is not subject to the visitability and availability requirements outlined in 813-310-0025(1)(b) and 813-310-0030 for shared community rooms.

History

Statutory/Other Authority: ORS 183 & 456.514
Statutes/Other Implemented: ORS 456.506 - 456.514
OHCS 3-2004, f. & cert. ef. 6-28-04

Or. Admin. R. 813-310-0065 Exemptions

The Department shall exempt new rental housing that is a subsidized development from compliance with the requirements of OAR 813-310 if the Department determines that the exemption is warranted by:

(1) The topography at the construction site. An exemption or partial exemption from these rules may be considered where topography or other considerations (flood plains, conservation areas) are determined by the Department to make compliance impracticable. Undue expense resulting from adjustments to accepted construction methods arising from specific site conditions might also qualify for an exemption. For example, providing both an exterior visitable route and adequate drainage at the building perimeter on a flat site may require unusual foundation design that unreasonably adds to project cost.

(2) Community and design standards. Community and design standards, refer to local government development codes or to previously adopted and binding CCRs (covenants, conditions and restrictions). They do not refer to neighborhood or project management design preferences. Where possible, projects should adapt to meet the community and design standards and all visitability requirements. If new community and design standards are imposed after a project has already been submitted for funding by the Department and the Department determines that the new standards conflict with the visitability requirements of this division, an exemption may be granted for the project.

(3) Undue costs or constraints (see the definitions at OAR 813-310-0020(19) and (20)); or

(4) Conflicting funding requirements of another government agency if the agency contributes a significant amount of financial aid for the housing (see the definition at OAR 813-310-0020(16)).

History

Statutory/Other Authority: ORS 183 & 456.514
Statutes/Other Implemented: ORS 456.506 - 456.514
OHCS 3-2004, f. & cert. ef. 6-28-04

Or. Admin. R. 813-310-0070 Application for Exemptions from Visitability Requirements

(1) To request an exemption from any rule under chapter 813-310, the applicant must complete an OHCS Exemption Request Form. Exemption Request Forms may be obtained by contacting the OHCS Housing Resources Section. They are also available on the OHCS website at: http://www.hcs.state.or.us/.

(2) In requesting an exemption, an applicant must list the category of each visitability exemption as described in OAR 813-310-0080 and must submit a written statement providing thorough justification about why each exemption is needed. An applicant may seek exemption pursuant to more than one exemption category. Consistent with the category of the requested exemption or exemptions, the written statement should include information regarding topographic conditions, community and design standards, construction costs, constraints, sources of funding or other matters as necessary to adequately describe the circumstances relating to the exemption request. If the exemption request is based upon design standards, the written statement shall address whether it would be reasonably possible to obtain from the local government an exemption from the local design standard. In addition, the statement shall indicate whether the applicant is seeking a full or partial exemption.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183 & 456.514
Statutes/Other Implemented: ORS 456.506 - 456.514
OHCS 3-2004, f. & cert. ef. 6-28-04

Or. Admin. R. 813-310-0075 Approval or Disapproval of Requested Visitability Exemptions

(1) The Department may grant exemptions to the visitability requirement of this division in a manner and to a degree consistent with these rules, acting on its own initiative or at the request of an applicant for a development subsidy.

(2) The final approval of an exemption or partial exemption request may be given for more or less than requested. Partial exemptions may be granted as follows:

(a) Partial exemption from meeting all of the visitability requirements. The Department may grant an exemption for one aspect of the visitability requirements without granting exemption from other visitability requirements. For example, an exemption from exterior visitability requirements may be granted for topographical reasons, without exempting interior visitability requirements.

(b) Partial exemption from full compliance with visitability requirements — The Department may grant a partial exemption from full compliance with any visitability requirement. For example, a ramp that cannot meet the visitability standard may be given a partial exemption that still requires the ramp to meet a certain standard which in the determination of the Department is the best that can be achieved under the circumstances.

(c) Partial exemption for one or more units. The Department may grant an exemption or partial exemption for one or more of the units in a development. For example, it may be that one unit in a development requires an exemption while others do not merit such an exemption.

History

Statutory/Other Authority: ORS 183 & 456.514
Statutes/Other Implemented: ORS 456.506 - 456.514
OHCS 3-2004, f. & cert. ef. 6-28-04

Or. Admin. R. 813-310-0080 Classifying Exemptions

For administrative purposes including without limitation, for purposes of justification, record keeping and analysis of exemptions, the Department may classify exemptions into the following categories, or combination of such categories:

(1) Topography.

(2) Funding conflicts.

(3) Undue cost.

(4) Undue constraint.

(5) Initial project rejection (see OAR 813-310-0095).

(6) Community and design standards.

(7) With regard to the availability of the community powder room, the provision of adaptable powder rooms with grab bars in each visitable unit.

History

Statutory/Other Authority: ORS 183 & 456.514
Statutes/Other Implemented: ORS 456.506 - 456.514
OHCS 3-2004, f. & cert. ef. 6-28-04

Or. Admin. R. 813-310-0085 Exemption Request Timing

(1) Exemptions may be requested by an applicant or allowed by the Department at any time during the development of a project prior to the issuance of a certificate of occupancy. The Department encourages exemption requests prior to the submittal of Consolidated Funding Cycle applications as this enables more realistic budgeting. However, this may not always be possible. For example, a city may impose a design standard through the plan review process after the Consolidated Funding Cycle awards have been made.

(2) An exception to this timing deadline will be allowed to request an exemption from the 24-hour availability requirement for a community powder room, as there may be operational issues that arise after occupancy that were not considered during the design or building stages of the project. Such an exemption request may be made and considered at any time during the life of the project.

History

Statutory/Other Authority: ORS 183 & 456.514
Statutes/Other Implemented: ORS 456.506 - 456.514
OHCS 3-2004, f. & cert. ef. 6-28-04

Or. Admin. R. 813-310-0090 Good Faith

An applicant who requests an exemption from the requirements of these rules must act in good faith in making the request and in performing any action prior to and related to the request, including the creation of the conditions that support the need or justification for an exemption.

History

Statutory/Other Authority: ORS 183 & 456.514
Statutes/Other Implemented: ORS 456.506 - 456.514
OHCS 3-2004, f. & cert. ef. 6-28-04

Or. Admin. R. 813-310-0095 Exemption for Funding Rejection Prior to July 1, 2004; Continued Funding

Until July 1, 2006, the Department may exempt projects that were submitted and rejected for Consolidated Funding Cycle funding prior to the effective date of these rules, July 1, 2004, if compliance with these rules would add significant cost to development of the re-submitted project. The Department may continue to provide funding after July 1, 2006, to complete any project approved for funding prior to July 1, 2006.

History

Statutory/Other Authority: ORS 183 & 456.514
Statutes/Other Implemented: ORS 456.506 - 456.514
OHCS 3-2004, f. & cert. ef. 6-28-04

Or. Admin. R. 813-310-0100 Remedies

At their own expense, applicants, owners or developers of any development subject to the rules of this division shall prepare, execute and record, in form, manner and content as the Department may require, such documents as the Department may require, including but not limited to restrictive covenants addressing among other things the development and maintenance of visitability standards. In addition to any other rights arising thereunder, or otherwise available at law, the Department may withhold the reimbursement of development subsidies because of noncompliance with the terms of those documents.

History

Statutory/Other Authority: ORS 183 & 456.514
Statutes/Other Implemented: ORS 456.506 - 456.514
OHCS 3-2004, f. & cert. ef. 6-28-04

Or. Admin. R. 813-310-0105 Effective Date

The rules in OAR 813-310 become operative July 1, 2004.

History

Statutory/Other Authority: ORS 183 & 456.514
Statutes/Other Implemented: ORS 456.506 - 456.514
OHCS 3-2004, f. & cert. ef. 6-28-04

Or. Admin. R. 813-310-0110 Waiver

The Department may waive or modify any requirement of OAR 813-310, unless such waiver or modification would violate applicable state or federal statutes or regulations.

History

Statutory/Other Authority: ORS 183 & 456.514
Statutes/Other Implemented: ORS 456.506 - 456.514
OHCS 3-2004, f. & cert. ef. 6-28-04

Division 350 GENERAL GUARANTEE PROGRAM

Or. Admin. R. 813-350-0005 Purpose and Objectives

OAR 813, division 350 is promulgated to accomplish the general purposes of ORS 456.515 to 456.725, and more specifically, of 456.625(12) and 456.625(16), which respectively authorize the Department to implement actions that the Department deems necessary or appropriate to carry out housing and community services programs, and to employ certain funds, inter alia, for loan guarantees. The General Guarantee Program as set forth in this Division establishes the process by which the Department may provide such loan guarantees to lenders, and lease guarantees to sponsors and leasing companies for the development of suitable housing for low and very-low income families and individuals including, but not limited to, disabled persons, farmworkers, and ex-offenders.

History

Statutory/Other Authority: ORS 183, 456.555(2) & 456.625(12)(16)
Statutes/Other Implemented: ORS 456.625(12)(16)
OHCS 2-2003, f. & cert. ef. 5-1-03

Or. Admin. R. 813-350-0010 Definitions

(1) Words and terms are used in OAR 813, division 350, consistently with definitions in the Act, in 813-005-0005 and herein.

(2) As used in OAR 813, division 350, unless otherwise indicated by the context:

(a) “Control” means the ownership, management, or maintenance of a housing project;

(b) “Employer(s)” also means relatives, agents, or associations of employers;

(d) “Farmworker” means any person working in connection with: cultivating the soil, raising or harvesting any agricultural or aquacultural commodity; catching, netting, handling, planting, drying, grading, storing, or preserving in its unmanufactured state any agriculture or aquaculture commodity; delivering to storage, market, or a carrier for transportation to market, or to processing, any agriculture or aquaculture commodity; forestation or reforestation of land, including but not limited to, the planting, transportation, tubing, precommercial thinning of trees and seedlings, the clearing, pulling, and disposal of brush and slash, and other related activities; or as otherwise determined by the Department in the exercise of its authority;

(e) “Leasing Company” means a bank, finance company, or other person or entity, that in the ordinary course of business, acquires goods or the right to possession and use of goods and transfers the right to possession and use of such goods under a lease;

(f) “Lender” means financial institutions, including but not limited to, state and federal regulated banks, credit unions, savings and loans, savings banks, finance companies, life insurance companies, pension funds, mortgage bankers, and other public or private lending consortiums;

(g) “Low Income” means an individual or household with an adjusted annual household income that is more than 50 percent, but less than 80 percent of the area median income, as determined by the Department based on information including, but not limited to data from the United States Department of Housing and Urban Development, with allowances for family size;

(h) “Very-Low Income” means an individual or household with an adjusted annual household income that is 50 percent or less of the area median income, as determined by the Department based on information including, but not limited to data from the United States Department of Housing and Urban Development, with allowances for family size.

History

Statutory/Other Authority: ORS 183, 456.555(2) & 456.625(12)(16)
Statutes/Other Implemented: ORS 456.515 - 456.725
OHCS 2-2003, f. & cert. ef. 5-1-03

Or. Admin. R. 813-350-0020 Source of Guarantee Funding

The Department may provide loan and lease guarantees under this division from:

(1) Unrestricted cash and investments of the Department made available for use as loan and lease guarantees, not needed for operations of the Department and not otherwise determined by the Director to be a necessary or prudent reserve;

(2) Resources made available to the Department for loan and lease guarantees from other financial institutions, including but not limited to, Federal Home Loan Bank and Fannie Mae; and

(3) Appropriations for this purpose.

History

Statutory/Other Authority: ORS 183, 456.555(2) & 456.625(12)(16)
Statutes/Other Implemented: ORS 456.515 - 456.725
OHCS 2-2003, f. & cert. ef. 5-1-03

Or. Admin. R. 813-350-0030 Eligibility for Guarantees

(1) The Department may provide guarantees for the partial repayment of loans made by lenders to finance the construction, development, acquisition, and/or rehabilitation of, and/or for the partial repayment of leases made by sponsors or leasing companies to facilitate the equipping, development or operation of:

(a) Suitable housing for low and/or very-low income persons and households including, but not limited to, suitable housing for disabled persons, farmworkers, and suitable transitional housing for ex-offenders;

(b) The commercial component of a structure that contains both commercial property and suitable housing for low and/or very-low income individuals and households; or

(2) The Department may not:

(a) Issue any loan guarantee under this division that guarantees the repayment of more than 25 percent of any qualifying loan obligation;

(b) Issue any loan or lease guarantee under this division equal to or in excess of $100,000 without obtaining the prior approval of the Housing Stability Council;

(d) Issue loan and lease guarantees under this division in an aggregate outstanding amount in excess of $4,000,000; and

(3) The Department may choose at any time not to maximize its loan and/or lease guarantee authority under this division.

History

Statutory/Other Authority: ORS 183, 456.555(2) & 456.625(12)(16)
Statutes/Other Implemented: ORS 456.515 - 456.725
OHCS 1-2004, f. & cert. ef. 4-8-04
OHCS 8-2003(Temp), f. & cert. ef. 10-13-03 thru 4-9-04
OHCS 2-2003, f. & cert. ef. 5-1-03

Or. Admin. R. 813-350-0040 Application Procedure and Requirements

(1) To obtain a loan or lease guarantee under this division, a lender, sponsor or leasing company must submit a request for a loan or lease guarantee to the Department, in form and content satisfactory to the Department.

(2) The request must include the following documents and information, all in form and content satisfactory to the Department:

(a) A written description of the project needing credit enhancement including, but not limited to, the number of units, unit mix, proposed rents, site location and amenities;

(b) A statement of the project purpose indicating the housing type and residents to be housed;

(d) The loan and/or lease guarantee amount requested;

(e) A statement of total project development costs, including a description of all additional project funding and credit enhancement sources;

(f) A description of the sponsor/developer/owner/manager experience in developing and operating housing projects; and

(g) Such other documents and information as the Department may require.

(3) The Department may identify periods of time when it will accept or not accept loan and/or lease guarantee applications.

(4) The Department may solicit requests for loan and/or lease applications.

History

Statutory/Other Authority: ORS 183, 456.555(2) & 456.625(12)(16)
Statutes/Other Implemented: ORS 456.515 - 456.725
OHCS 2-2003, f. & cert. ef. 5-1-03

Or. Admin. R. 813-350-0050 Criteria for Guarantees

(1) The Department has no obligation to issue any loan and/or lease guarantee in response to any loan and/or lease guarantee request made pursuant to this division.

(2) In evaluating whether or not to provide a loan and/or lease guarantee, or the amount of any such guarantee, the Department may consider factors including, but not limited to the following:

(a) The responsiveness and accuracy of the request;

(b) The need of the project for the guarantee;

(d) The credit worthiness of the project;

(e) The experience and ability of the project sponsor;

(f) The experience and ability of the lender and/or leasing company;

(g) The location and need for the project;

(h) The availability of Department funds and guarantee authority;

(i) The Department’s experience with and/or the reputation of the lender, leasing company and/or sponsor, including without limitation, any of their agents, representatives, employees or contractors;

(j) The amount, quality, and duration of suitable lower income housing to be provided or enabled by the project;

(k) The mix of low and very-low income housing to be provided or enabled; and

(l) Any other information obtained by or made available to the Department.

(3) The Department may give a preference for a loan and/or lease guarantee based upon factors including, but not limited those described in subparagraph (2) and to the following:

(a) Providing the greatest number of suitable housing units constructed, acquired, developed or rehabilitated for the least amount of guarantee, granted or committed;

(b) The longest possible use for the units as lower income housing units;

(c) Providing suitable housing for a seasonal work force, where a critical need for housing such a work force exists; and

(d) Providing suitable housing for specific populations, which have historically faced barriers in finding housing, and which are identified as having a priority in the Consolidated Plan or its successor or in a state-acknowledged initiative;

(4) In evaluating housing projects that serve a predominantly non-English speaking population, the Department may give subordinate preference to projects which mitigate the language barrier impact in the provision of supportive services.

History

Statutory/Other Authority: ORS 183, 456.555(2) & 456.625(12)(16)
Statutes/Other Implemented: ORS 456.515 - 456.725
OHCS 2-2003, f. & cert. ef. 5-1-03

Or. Admin. R. 813-350-0060 Fees

(1) A nonrefundable fee of $250.00 must be submitted with each request for a loan and/or lease guarantee.

(2) A lender, sponsor or leasing company receiving a loan or lease guarantee will be charged, and must pay, an annual fee of one percent of the guaranteed amount. Payment shall be remitted to the Department not less than annually as designated by the Department. All fees are nonrefundable.

(3) Line of credit guarantee fees will be based by the Department, and charged, on the total credit line.

(4) The Department may charge other fees, as determined necessary or appropriate by the Department to cover actual and anticipated costs of a guarantee including, without limitation, its issuance and its evaluation, or to reduce the financial risk to the Department of making a guarantee.

History

Statutory/Other Authority: ORS 183, 456.555(2) & 456.625(12)(16)
Statutes/Other Implemented: ORS 456.515 - 456.725
OHCS 2-2003, f. & cert. ef. 5-1-03

Or. Admin. R. 813-350-0070 Waiver

The Director may waive or modify any requirement of OAR 813, division 350, unless such waiver or modification would violate applicable state or federal statutes or regulations.

History

Statutory/Other Authority: ORS 183, 456.555(2) & 456.625(12)(16)
Statutes/Other Implemented: ORS 456.515 - 456.725
OHCS 2-2003, f. & cert. ef. 5-1-03

Division 360 HOUSING CHOICE LANDLORD GUARANTEE PROGRAM (HCLGP)

Or. Admin. R. 813-360-0000 Purpose and Objectives

The purpose of OAR chapter 813, division 360, of the administrative rules is to implement the Housing Choice Landlord Guarantee Program (HCLGP) as provided by ORS 456.375 to 456.390. Oregon Housing and Community Services (OHCS) is designated as the state agency responsible for administering HCLGP. The purpose of HCLGP is to provide financial assistance to landlords to mitigate damages caused by tenants who have received rental assistance under the federal Housing Choice Voucher Program or from a Rehousing Initiative.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.375 to 456.390
OHCS 30-2023, amend filed 11/22/2023, effective 11/22/2023
OHCS 17-2023, temporary amend filed 07/25/2023, effective 08/02/2023 through 01/28/2024
OHCS 44-2019, amend filed 12/31/2019, effective 12/31/2019
OHCS 32-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 813-360-0010 Definitions

Terms used throughout this division (OAR 813-360) may be defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions, except as defined. For the purposes of this division:

(1) “Application” means a completed application in the form and format prescribed by OHCS submitted by a landlord for HCLGP assistance, inclusive of all required supporting documentation.

(2) “Housing Choice Landlord Guarantee Program” or “HCLGP” means the program administered by OHCS pursuant to this division and ORS 456.375 to 456.385.

(3) “Housing Choice Voucher Program” is as defined in ORS 456.375(1).

(4) “Landlord” is as defined in ORS 90.100.

(5) “Program assistance” or “HCLGP assistance” means eligible reimbursement funding to a landlord by OHCS from the Housing Choice Landlord Guarantee Program Fund in response to a complete application submitted to OHCS.

(6) "Rehousing Initiative" is an Oregon Housing and Community Services program that authorizes resources for rehousing outcomes.

(7) “Rehousing Certificate” is a physical certificate issued to a landlord by a contracted provider with Oregon Housing and Community Services authorizing resources for rehousing outcomes.

(8) “Tenant” is as defined in ORS 90.100.

History

Statutory/Other Authority: ORS 456.555 & ORS 456.378(5)
Statutes/Other Implemented: ORS 456.375 to 456.390 & Chapter 57, 2021 Oregon Laws
OHCS 30-2023, amend filed 11/22/2023, effective 11/22/2023
OHCS 17-2023, temporary amend filed 07/25/2023, effective 08/02/2023 through 01/28/2024
OHCS 1-2022, amend filed 01/07/2022, effective 01/07/2022
OHCS 44-2019, amend filed 12/31/2019, effective 12/31/2019
OHCS 32-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 813-360-0020 Administration

(1) OHCS will provide HCLGP administration or, in its sole discretion, may contract with a public or private provider for the administration of HCLGP. OHCS is not subject to the provisions of ORS Chapter 279A or 279B in procuring or executing such a contract.

(2) If OHCS contracts for the administration of the HCLGP:

(a) OHCS will do so in accordance with procurement procedures outlined in OAR chapter 813, division 6.

(b) OHCS will provide stakeholders, including the Housing Choice Advisory Committee, as created by ORS 456.390(4), with the opportunity to provide input regarding the contract award process.

(3) OHCS may expend a portion of HCLGP funds to pay administrative costs incurred in accordance with ORS 456.385(4).

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.375 to 456.390
OHCS 44-2019, amend filed 12/31/2019, effective 12/31/2019
OHCS 7-2019, minor correction filed 07/03/2019, effective 07/03/2019
OHCS 32-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 813-360-0030 Landlord Eligibility

(1) In order to be eligible for HCLGP assistance, a landlord must have an executed rental or lease agreement under the Housing Choice Voucher Program or a Rehousing Initiative Certificate issued by a local housing provider under an eligible Rehousing Initiative.

(2) In order to be eligible for HCLGP assistance, a landlord must submit a complete application, in form and format prescribed by OHCS. Incomplete applications cannot be processed and will be denied.

(3) HCLGP assistance may be provided for reimbursement of qualifying damages, including, but not limited to the following:

(a) Property damage;

(b) Unpaid rent;

(d) Lease-break fees; and

(e) Other costs related to lease violations by a tenant.

(4) In addition, for a claim of damages to qualify:

(a) The damage amounts must be incurred from an eligible tenant occupancy that began after July 1, 2014, if under a Housing Choice Voucher agreement, or after January 10, 2023, if under a Rehousing Initiative;

(b) The damage amounts must be caused by the tenant’s occupancy, pursuant to a rental agreement under the Housing Choice Voucher Program or Rehousing Initiative, in effect at the time the damage was incurred;

(c) Property damage amounts must exceed normal wear and tear. OHCS will apply standard depreciation and expenses must be documented, reasonable, and unduplicated at OHCS' sole discretion; and

(d) The total damage amounts must be in excess of $500, but not more than $20,000 per tenancy.

(5) A landlord may not seek, accept or retain HCLGP assistance from OHCS for amounts paid to the landlord for qualifying damages by the tenant or by a third party.

(6) If, after submitting an application for HCLGP assistance to OHCS, a landlord receives payment from a tenant or a third party for any damages identified in the application for assistance, the landlord must notify OHCS within 10 days of such payment.

(7) A landlord must provide restitution to OHCS for overpaid HCLGP assistance within 45 days.

(8) OHCS shall maintain a record of HCLGP assistance provided to a landlord to assist it in determining if there has been an overpayment of HCLGP assistance to that landlord.

(9) To receive HCLGP assistance, the landlord must submit a complete application, satisfactory to OHCS, inclusive of all supporting documentation as required in the application. The HCLGP application shall be available on the OHCS website.

(10) A landlord must submit to OHCS an application for HCLGP assistance after a tenant has vacated and within one year following the later of the date that:

(a) The tenancy for which the application is made terminates; or

(b) The landlord obtains possession of the dwelling unit for which the application is made; or

(11) OHCS will review applications and make awards of HCLGP assistance for qualifying applications within 45 days of its receipt of all required information. OHCS may choose to require the submittal of additional or clarifying information. OHCS may reduce awards for depreciation, duplication, unreasonableness, lack of documentation, or for unallowable expenses.

(12) If a landlord obtained a small claims judgement from their local circuit court for any expenses claimed from the HCLGP, the landlord must file a satisfaction of judgment in the amount of any HCLGP assistance received from OHCS in the court from which the judgment against the tenant was obtained. A copy of this filed satisfaction must be delivered to OHCS within 30 days of the claimant’s receipt of HCLGP assistance.

History

Statutory/Other Authority: ORS 456.555 & ORS 456.378(5)
Statutes/Other Implemented: ORS 456.375-456.390 & Chapter 57, 2021 Oregon Laws
OHCS 21-2025, amend filed 05/01/2025, effective 05/02/2025
OHCS 30-2023, amend filed 11/22/2023, effective 11/22/2023
OHCS 18-2023, temporary amend filed 08/15/2023, effective 08/15/2023 through 01/28/2024
OHCS 17-2023, temporary amend filed 07/25/2023, effective 08/02/2023 through 01/28/2024
OHCS 1-2022, amend filed 01/07/2022, effective 01/07/2022
OHCS 44-2019, amend filed 12/31/2019, effective 12/31/2019
OHCS 6-2019, minor correction filed 07/03/2019, effective 07/03/2019
OHCS 23-2017, amend filed 12/26/2017, effective 01/08/2018
OHCS 7-2017(Temp), f. & cert. ef. 7-24-17 thru 1-19-18
OHCS 32-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 813-360-0045 Reporting and Recordkeeping

(1) OHCS will retain and keep accessible all HCLGP records for such time as required by applicable law and state records retention requirements.

(2) OHCS will maintain reports, data and financial information of HCLGP administration in accordance with OHCS policy.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.375 to 456.390
OHCS 44-2019, adopt filed 12/31/2019, effective 12/31/2019

Or. Admin. R. 813-360-0055 Administrative Review

(1) Any landlord aggrieved by the actions of OHCS in administering or providing HCLGP may submit a written request to OHCS for its review of such contested action within 30 days of that action.

(2) Any OHCS review will be in the manner determined appropriate by OHCS and may include, but is not limited to, review of provided information.

(3) If OHCS accepts the review request, the requesting landlord must produce all information required by OHCS, including requested affidavits or testimony.

(4) OHCS adopts the procedures detailed in ORS Chapter 183 for contested cases.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.375 to 456.390
OHCS 44-2019, adopt filed 12/31/2019, effective 12/31/2019

Division 365 RENT GUARANTEE PROGRAM (RGP)

Or. Admin. R. 813-365-0000 Purpose and Objectives

The purpose of OAR chapter 813, division 365, of the administrative rules is to implement the Rent Guarantee Program (RGP) as provided by ORS 456.607 to 456.609. Oregon Housing and Community Services (OHCS) is designated as the state agency responsible for administering the program. The purpose of the RGP is to provide incentives and financial assistance to eligible landlords that rent or lease to low income tenants by mitigating unpaid rent and property damages.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505 & 2017 Oregon Laws, Chapter 659
OHCS 45-2019, amend filed 12/31/2019, effective 12/31/2019
OHCS 6-2018, adopt filed 03/02/2018, effective 03/02/2018
OHCS 1-2018, temporary adopt filed 01/08/2018, effective 01/09/2018 through 07/07/2018

Or. Admin. R. 813-365-0011 Definitions

Terms used throughout this division (OAR 813-365) may be defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions, except as defined below:

(1) “Application” means an application, in form and substance, acceptable to OHCS filed by a program provider for RGP funds.

(2) “Fund” means the Rent Guarantee Program Fund created within the State Treasury, separate and distinct from the General Fund.

(3) “Funding agreement” means the grant agreement or other written agreement, together with all related documents required by OHCS for program funding, including those required by OHCS to be executed by or between the program provider and OHCS, all in form and substance satisfactory to OHCS in its sole discretion.

(4) “Landlord” is as defined in ORS 456.607(1).

(5) “Program” or “RGP” means the Rent Guarantee Program administered by OHCS pursuant to this division and ORS 456.607 to 456.609.

(6) “Program Manual” or “RGP Manual” means the Rent Guarantee Program Operations Manual as described in OAR 813-365-0015.

(7) "Program provider" means an organization that meets eligibility requirements, with whom OHCS has contracted to administer RGP services at the local level.

(8) “Program requirements” or “RGP requirements” means these administrative rules, all funding agreement terms and conditions, department directives (including deficiency notices), the RGP Manual requirements, and any other applicable state, local, and federal laws and requirements.

(9) “Program services” or “RGP services” means services as defined in OAR 813-365-0045 and the RGP Manual, which are eligible activities of the RGP.

(10) “Tenant” is as defined in ORS 456.607(3).

(11) “Tenant Readiness Education” means OHCS approved curriculum of personal budgeting, tenant-landlord relationships and other relevant matters taught to eligible tenants for participation in the RGP.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 2017 Oregon Laws, Chapter 659 & ORS 458.505
OHCS 17-2020, amend filed 08/24/2020, effective 08/24/2020
OHCS 45-2019, amend filed 12/31/2019, effective 12/31/2019
OHCS 6-2018, adopt filed 03/02/2018, effective 03/02/2018
OHCS 1-2018, temporary adopt filed 01/08/2018, effective 01/09/2018 through 07/07/2018

Or. Admin. R. 813-365-0015 Manual

The Rent Guarantee Program Operations Manual (RGP Manual) with the requirements and standards therein, dated May 24, 2023, is incorporated into and adopted as part of this division of administrative rules, by reference. The RGP Manual may be accessed online at the OHCS website.

History

Statutory/Other Authority: ORS 456.555 & 456.608(10)
Statutes/Other Implemented: ORS 458.505 & 456.607 to 456.609
OHCS 34-2025, minor correction filed 07/23/2025, effective 07/23/2025
OHCS 8-2024, amend filed 04/26/2024, effective 04/26/2024
OHCS 1-2022, amend filed 01/07/2022, effective 01/07/2022
OHCS 17-2020, adopt filed 08/24/2020, effective 08/24/2020

Or. Admin. R. 813-365-0021 Administration

(1) OHCS, subject to applicable law, may contract with program providers to provide RGP services at the local level upon such terms as it determines to be satisfactory, in its sole discretion and subject to the OHCS rules and policies.

(2) OHCS will pool available RGP funds and make such funds available in applicable amounts to program providers upon submission of RGP applications that meet all requirements established by OHCS for the form and content of an RGP application, as further defined in the RGP requirements.

(3) Program providers shall comply with the terms of the funding agreement and all RGP requirements.

(4) Program providers will attend and participate in RGP-related training made available or conducted by OHCS.

(5) OHCS may expend a portion of RGP funds to pay administrative costs incurred in accordance with ORS 456.609(4) and RGP requirements.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505
OHCS 45-2019, amend filed 12/31/2019, effective 12/31/2019
OHCS 6-2018, adopt filed 03/02/2018, effective 03/02/2018
OHCS 1-2018, temporary adopt filed 01/08/2018, effective 01/09/2018 through 07/07/2018

Or. Admin. R. 813-365-0030 Eligibility

(1) In order to be eligible for RGP funds, a program provider must have an executed Program Provider-Landlord Agreement.

(2) Applications for qualifying damages are submitted after an eligible tenant’s vacancy of an RGP-covered unit, either by voluntary move-out or by eviction. Landlords have 30 days in which to submit a request for funds to the program provider, from the date that the landlord takes possession of the unit.

(3) Qualifying damages that occurred within the first 12 months of an eligible tenant’s occupancy may not exceed $5,000 per eligible request and include, but are not limited to:

(a) Unpaid rent;

(b) Property damages beyond normal wear and tear and caused by the tenant or the tenant’s occupancy; and

(4) An eligible tenant is one that meets the requirements of ORS 456.608(2).

(5) Program providers must submit to OHCS an RGP application, in form, format and substance satisfactory to OHCS, within 10 days from the date that the landlord submits a request for funds to the program provider.

(6) Program providers must certify that the application details and supporting documentation (i.e.; final security deposit accounting, move-in and move-out inspection checklists, applicable receipt or proof of damages, documentation of non-payment of rent) have been received from the landlord and have been reviewed and verified by the program provider. Program providers must keep all application information within the tenant file.

(7) The RGP application shall be available on the OHCS website.

(8) A submitted application is subject to approval, including as modified by OHCS, or disapproval by OHCS.

History

Statutory/Other Authority: ORS 456.555 & ORS 456.608(10)
Statutes/Other Implemented: Chapter 57, 2021 Oregon Laws & ORS 456.607 to 456.609
OHCS 1-2022, amend filed 01/07/2022, effective 01/07/2022
OHCS 45-2019, adopt filed 12/31/2019, effective 12/31/2019

Or. Admin. R. 813-365-0045 Use of Funds

(1) RGP funds will be used for RGP services and activities as further defined in the contract and RGP Manual.

(2) Prior to approving an RGP application, OHCS will determine if the application is complete and satisfies the criteria necessary to be a qualifying application for RGP funds.

(3) OHCS will review RGP applications and make awards of RGP funds to program providers within 14 days of its receipt of all required information. OHCS may choose to require the submittal of additional or clarifying information.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505
OHCS 45-2019, amend filed 12/31/2019, effective 12/31/2019
OHCS 6-2018, adopt filed 03/02/2018, effective 03/02/2018
OHCS 1-2018, temporary adopt filed 01/08/2018, effective 01/09/2018 through 07/07/2018

Or. Admin. R. 813-365-0061 Reporting and Recordkeeping

(1) Program providers shall maintain accurate financial records satisfactory to OHCS and consistent with RGP requirements, which document the receipt and disbursement of all funds provided through RGP by OHCS; and have an accounting system in place satisfactory to OHCS, which meets generally accepted accounting principles.

(2) Program providers shall maintain other RGP records satisfactory to OHCS and consistent with RGP requirements, which document tenant eligibility, receipt of allowable RGP services, termination of RGP services and bases for same, housing status of clients, administrative actions, and contracts with landlords. Such records shall be satisfactory to OHCS in substance and format.

(3) Program providers shall provide OHCS with all required reports, data, and financial statements satisfactory to OHCS, by OHCS-determined submission deadlines, including, but not limited to:

(a) Reports that detail tenants served, including demographics and copies of the Program Provider-Landlord Agreement, as defined in the RGP Manual;

(b) Quarterly reports on tenant readiness education delivery, as defined in the RGP Manual; and

(4)(a) Program providers shall furnish representatives of OHCS, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives access to, and permit copying of, all electronic records and books, accounts, documents and records, and allow access to the project and other property pertaining to RGP, at any such representative’s request.

(b) Program providers shall retain and keep accessible all RGP records for such time as required by applicable law and state records retention requirements.

(5) Program providers shall ensure that data is reported, collected and organized accurately, submitted within the time period specified by OHCS and otherwise in a manner satisfactory to OHCS and consistent with RGP requirements.

(6) OHCS will maintain reports, data and financial information of RGP administration in accordance with OHCS policy.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505, 2017 Oregon Laws, Chapter 659 & O.L. 2019 SB 278
OHCS 45-2019, amend filed 12/31/2019, effective 12/31/2019
OHCS 6-2018, adopt filed 03/02/2018, effective 03/02/2018
OHCS 1-2018, temporary adopt filed 01/08/2018, effective 01/09/2018 through 07/07/2018

Or. Admin. R. 813-365-0065 Compliance Monitoring; Remedies

(1) OHCS will conduct reviews, audits, and other compliance monitoring as it deems appropriate with respect to each program provider to verify compliance with RGP requirements. Program providers must cooperate fully with OHCS in its compliance monitoring activities.

(2) Program providers must require by contract and monitor their subrecipients’ compliance with all RGP requirements including, but not limited to, recordkeeping and retention of records and OHCS compliance monitoring and enforcement.

(3) OHCS reserves the right to identify deficiencies in the performance of any program provider or their subrecipients discovered during compliance monitoring activities and take remedial action upon such program providers, including, but not limited to, terminating its funding agreement with a program provider and requiring repayment of RGP funding.

(4) To remedy any identified deficiencies, OHCS:

(a) Must notify a program provider of deficiencies identified through the monitoring process and provide documentation for the basis of such determination and the specific deficiency or deficiencies that must be corrected;

(b) Must require the program provider to correct any deficiencies in a manner and time frame satisfactory to OHCS;

(d) May, at its discretion, offer the program provider assistance in the development of a corrective action plan. If a corrective action plan is allowed, OHCS must review the plan and issue a decision of approval or disapproval to the program provider.

(5) OHCS must provide adequate notice and opportunity for an appeal prior to a remedial action that terminates organizational eligibility for RGP funding for cause or otherwise reduces a program provider’s proportional share of funding.

(6) Appeals must be addressed to the assistant director of the Housing Stabilization Division of OHCS, whose decision may be further appealed to the director of OHCS.

(7) Issuance of a deficiency notice will not constitute a waiver of other remedies available to OHCS or preclude OHCS from exercising such other remedies available to it under the RGP requirements, at law or otherwise.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505, 2017 Oregon Laws, Chapter 659 & O.L. 2019 SB 278
OHCS 45-2019, amend filed 12/31/2019, effective 12/31/2019
OHCS 6-2018, adopt filed 03/02/2018, effective 03/02/2018
OHCS 1-2018, temporary adopt filed 01/08/2018, effective 01/09/2018 through 07/07/2018

Or. Admin. R. 813-365-0070 Administrative Review

(1) Any landlord aggrieved by the actions of OHCS or a program provider in administering or providing RGP services may submit a written request to OHCS for its review of such contested action within 30 days of that action.

(2) Any OHCS review will be in the manner determined appropriate by OHCS and may include, but is not limited to, review of provided information.

(3) If OHCS accepts the review request, the requesting landlord must produce all information required by OHCS, including requested affidavits or testimony.

(4) OHCS adopts the procedures detailed in ORS Chapter 183 for contested cases.

History

Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505, 2017 Oregon Laws, Chapter 659 & O.L. 2019 SB 278
OHCS 45-2019, adopt filed 12/31/2019, effective 12/31/2019

Division 375 MODULAR HOUSING FUND

Or. Admin. R. 813-375-0006 Purpose and Objectives

(1) The purpose of these rules is to provide procedures, terms, and criteria for Grant(s) available through the Modular Housing Development Fund (MHDF).

(2) The Oregon Housing and Community Services Department shall administer the MHDF to provide Grant(s) for efforts that begin or expand production capacity for the development of Modular Housing and components to support home builders and developers in meeting housing demand.

History

Statutory/Other Authority: HB 2761 (2023)
Statutes/Other Implemented: HB 2761 (2023)
OHCS 30-2024, adopt filed 08/28/2024, effective 09/02/2024
OHCS 11-2024, temporary adopt filed 05/24/2024, effective 05/29/2024 through 11/24/2024

Or. Admin. R. 813-375-0011 DEFINITIONS

Terms used throughout OAR chapter 813, division 375 may be defined in Oregon Revised Statute (ORS) or in the Department General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions except as defined below:

(1) "Fund" means the Modular Housing Development Fund (MHDF) as defined and set forth in HB 2001 (2023).

(2) "Modular Housing" means a building as defined in ORS 455.010 as a building or subassembly that has been in whole or substantially manufactured or assembled using closed construction at an off-site location to be wholly or partially assembled on-site.

(3) "Equity Centered Management Plan" is a tool for Applicants to operationalize their commitments to diversity, equity, and inclusion within their organization.

History

Statutory/Other Authority: HB 2761 (2023)
Statutes/Other Implemented: HB 2761 (2023)
OHCS 30-2024, adopt filed 08/28/2024, effective 09/02/2024
OHCS 11-2024, temporary adopt filed 05/24/2024, effective 05/29/2024 through 11/24/2024

Or. Admin. R. 813-375-0016 EVALUATION CRITERIA

Funds will be awarded by the Department using application evaluation criteria, including but not limited to:

(1) Provide a plan to comply with legislative demand prioritization categories as by the Department that must be met in the order prescribed:

(a) First, state and local governments following a wildfire or other disaster;

(b) Second, low-income housing construction in this state; and

(2) Attest that Fund award will be utilized for the portion of their business operation that conforms with Oregon State Building Codes definition of Modular Housing, or “prefabricated structure.”

(3) Verify that all Grant funding will be utilized in entity’s Oregon business operations.

(4) Provide a sound business plan and demonstrate financial stability.

(5) Complete an Equity Centered Management Plan.

(6) Provide a reporting and outcomes tracking plan.

(7) Any other provision as established by the Department.

History

Statutory/Other Authority: HB 2761 (2023)
Statutes/Other Implemented: HB 2761 (2023)
OHCS 30-2024, adopt filed 08/28/2024, effective 09/02/2024
OHCS 11-2024, temporary adopt filed 05/24/2024, effective 05/29/2024 through 11/24/2024

Or. Admin. R. 813-375-0021 ELIGIBLE GRANT USES

New or expanded capacity uses shall demonstrate that funding will boost current or new production of modular home or component by, but not necessarily limited to, the following activities:

(1) Increasing manufacturing space;

(2) Purchasing equipment;

(3) Standardizing design;

(4) Developing infrastructure;

(5) Enhancing transportation; and

(6) Making advancements in materials and technology.

History

Statutory/Other Authority: HB 2761 (2023)
Statutes/Other Implemented: HB 2761 (2023)
OHCS 30-2024, adopt filed 08/28/2024, effective 09/02/2024
OHCS 11-2024, temporary adopt filed 05/24/2024, effective 05/29/2024 through 11/24/2024

Or. Admin. R. 813-375-0026 FUND AWARD

The Department, in its sole discretion, shall determine Grant(s) awarded from the Fund.

(1) Upon approval of an award from the Fund, the Department will enter into a binding Grant Agreement with the successful Applicant(s).

(2) The Grant Agreement shall be in a form provided by the Department.

(3) OHCS will make Grantee information available to Oregon’s Office of Emergency Management and affordable housing development partners.

History

Statutory/Other Authority: HB 2761 (2023)
Statutes/Other Implemented: HB 2761 (2023)
OHCS 30-2024, adopt filed 08/28/2024, effective 09/02/2024
OHCS 11-2024, temporary adopt filed 05/24/2024, effective 05/29/2024 through 11/24/2024

Or. Admin. R. 813-375-0031 PROGRAM ADMINISTRATION, REPORTING, AND OVERSIGHT

The Department may require specific reporting provisions designed to track investment outcomes for the Oregon Legislature following funding award. Grantees may be required to report to the Department on progress made in meeting all obligations set forth in the Grant Agreement.

(1) Reporting may include but may not be limited to:

(a) The eligible use of funds;

(b) Increases in output from reported pre-award baseline for each Grantee that can be directly or indirectly tied to the Grant investment, and the methodology associated with reported data;

(c) Information on orders received for wildfire response, natural disaster, and low- and middle-income housing and how orders were prioritized and completed;

(d) Accounting of resource investment;

(e) The performance standards expected of Grantee;

(f) Additional impacts of investment;

(g) MWESB participation goals compliance report, if applicable;

(h) Progress report on any other stated goal or outcome as determined by the Department;

(i) Other provisions that the Department considers necessary or appropriate to implement the award.

(2) In the event of a contract default, any recovered funds will be returned to the Fund and may be awarded to another Applicant.

History

Statutory/Other Authority: HB 2761 (2023)
OHCS 30-2024, adopt filed 08/28/2024, effective 09/02/2024
OHCS 11-2024, temporary adopt filed 05/24/2024, effective 05/29/2024 through 11/24/2024

Division 380 SHARED COST ALLOCATION RULES

Or. Admin. R. 813-380-0005 Purpose and Objectives

OAR chapter 813, division 380, is promulgated to carry out the provisions of ORS 456.620 (4) instructing the Oregon Housing and Community Services (OHCS) to adopt a methodology for allocating the affordable housing portion of a housing development’s shared costs.

History

Statutory/Other Authority: ORS 456.620 (4)
Statutes/Other Implemented: ORS 456.620 (4)
OHCS 29-2024, adopt filed 08/28/2024, effective 09/02/2024
OHCS 7-2024, temporary adopt filed 04/25/2024, effective 05/01/2024 through 10/27/2024

Or. Admin. R. 813-380-0010 Definitions

All terms used in OAR chapter 813, division 380 may be defined in Oregon Revised Statute (ORS), or in the Oregon Housing and Community Services (OHCS) General Definitions (OAR 813-005-0005), or herein. As used in these rules, unless the context indicates otherwise:

(1) "Applicant" means the development sponsor seeking Department financing for an affordable housing project.

(2) "Department" means the Oregon Housing and Community Services Department.

(3) "Applicable fraction" means the fraction, either “Unit fraction” or “Floor space fraction," utilized in the Department's allocation of cost sharing in mixed income housing projects financed by the Department.

(4) "Unit fraction" means the fraction including the numerator, which is the number of rent-restricted units in the building, and the denominator, which is the total number of residential rental units in the building.

(5) "Floor space fraction" means the fraction including the numerator, which is the total floor space of the rent-restricted units in the building, and the denominator, which is the total floor space of all residential rental units. Floor space includes the entire footprint of the unit, including closets within the unit and balconies attached to the unit for the sole use of the tenants occupying the unit.

(6) "Mixed income housing project" means a development that is comprised of housing units with differing levels of affordability, typically with some market-rate housing and some housing that is available to low-income occupants below market-rate.

(7) "Shared costs" means overhead or project costs that, by their nature, support the entire project rather than specific units. These could include, but are not limited to, roof, parking, or infrastructure costs.

History

Statutory/Other Authority: ORS 456.620 (4)
Statutes/Other Implemented: ORS 456.620 (4)
OHCS 29-2024, adopt filed 08/28/2024, effective 09/02/2024
OHCS 7-2024, temporary adopt filed 04/25/2024, effective 05/01/2024 through 10/27/2024

Or. Admin. R. 813-380-0015 Shared Cost Allocation Methodology

(1) The Department may finance only the portion of housing projects consisting of units rented to households with an income below 120 percent of the area median income, as defined in ORS 485.610. The Department shall utilize the Applicable Fraction when allocating the rent-restricted portion of a Mixed Income Housing Project’s shared costs, including infrastructure, parking, and other amenities included in the Applicant’s pro forma development plan.

(2) The Applicable Fraction used in determining shared costs in a Mixed Income Housing Project shall be the lesser of the Unit Fraction or the Floor Space Fraction. The Department shall calculate both fractions for each Mixed Income Housing Project funding application and apply the smaller fraction total to determine the shared cost allocation. The Applicable Fraction is carried out four decimal places.

(3) The allocable cost of tenant facilities, such as swimming pools, other recreational facilities, and parking areas, may be included provided there is no separate fee for the use of the facilities and they are made available on a comparable basis to all tenants in the project.

History

Statutory/Other Authority: ORS 456.620 (4)
Statutes/Other Implemented: ORS 456.620 (4)
OHCS 29-2024, adopt filed 08/28/2024, effective 09/02/2024
OHCS 7-2024, temporary adopt filed 04/25/2024, effective 05/01/2024 through 10/27/2024

Division 385 PERMANENT SUPPORTIVE HOUSING RISK MITIGATION POOL

Or. Admin. R. 813-385-0005 Purpose and Objectives

(1) OAR Chapter 813, Division 385 establishes the rules and guidelines for funding available through the General Housing Account established by ORS 458.620 for the establishment of the Permanent Supportive Housing (PSH) Risk Mitigation Pool (RMP) designed to help partners operating properties with PSH units offset high operating costs.

(2) The Department shall administer the RMP to provide funding to reimburse eligible project owners for physical damage repairs beyond normal wear and tear and supplementing increased operating costs. The RMP is intended to help decrease insurance claims made by PSH partners, provide increased financial stability for PSH partners, and limit property exposure to these unanticipated financial risks.

History

Statutory/Other Authority: SB 5511 & ORS 458.620
Statutes/Other Implemented: SB 5511 & ORS 458.620
OHCS 36-2024, adopt filed 09/26/2024, effective 10/01/2024
OHCS 6-2024, temporary adopt filed 04/25/2024, effective 05/01/2024 through 10/27/2024

Or. Admin. R. 813-385-0010 Definitions

The following terms, when capitalized in these rules, have the meanings given below:

(1) “Continuum of Care” or “CoC” means a regional or local planning body that coordinates housing and services funding for families and individuals experiencing homelessness. The group organized to carry out the responsibilities required under 24 CFR part 578 and is composed of representatives of organizations, including nonprofit homeless service providers, victim service providers, faith-based organizations, governments, businesses, advocates, public housing agencies, school districts, social service providers, mental health agencies, hospitals, universities, affordable housing developers, law enforcement, organizations that serve homeless and formerly homeless veterans, and homeless and formerly homeless individuals to the extent these groups are represented within the geographic area and are available to participate.

(2) “Coordinated Entry” or “CE” means a centralized or coordinated process developed to ensure that all people experiencing a housing crisis have fair and equal access and are quickly identified, assessed for, referred, and connected to housing and assistance based on their strengths and needs, operated by a region’s Continuum of Care.

(3) “Department” means the Oregon Housing and Community Services Department established under ORS 456.555.

(4) “Permanent Supportive Housing” or “PSH” means rental housing that is deeply affordable to households with extremely low incomes and provides comprehensive on-site tenancy support services. PSH must be designed and prioritized for households experiencing chronic homelessness, and units must be filled through a community’s Coordinated Entry process or approved alternative approach emphasizing equity and racial justice. PSH properties must utilize a form of project-based rental assistance and must provide comprehensive PSH services on site.

History

Statutory/Other Authority: SB5511 & ORS 458.620
Statutes/Other Implemented: SB5511 & ORS 458.620
OHCS 36-2024, adopt filed 09/26/2024, effective 10/01/2024
OHCS 6-2024, temporary adopt filed 04/25/2024, effective 05/01/2024 through 10/27/2024

Or. Admin. R. 813-385-0015 Eligibility Requirements

To be eligible for RMP resources, a property must meet all of the requirements below:

(1) Must have 1 or more Department PSH units within the property

(2) Utilize CE or other Department-approved process to fill PSH unit(s);

(3) Utilize project-based rental assistance for PSH unit(s);

(4) Provide on-site tenancy support services; and

(5) Is a part of the Department portfolio.

History

Statutory/Other Authority: SB 5511 & ORS 458.620
Statutes/Other Implemented: SB 5511 & ORS 458.620
OHCS 36-2024, adopt filed 09/26/2024, effective 10/01/2024
OHCS 6-2024, temporary adopt filed 04/25/2024, effective 05/01/2024 through 10/27/2024

Or. Admin. R. 813-385-0020 Uses/Types of Claims

(1) Eligible Uses. The RMP is a reimbursement-based program designed to pay for extraordinary costs associated with a property’s physical damages and operational losses connected to the operation of PSH. These are costs that extend beyond a property’s standard operating budget and are not being reimbursed by security deposits, insurance payments, or other forms of coverage or reimbursement. The RMP may be used to reimburse owners of eligible properties for:

(a) Physical damages beyond normal wear and tear caused by a PSH tenant or their guest(s);

(b) Operational losses associated with a PSH tenant or their guest(s); and

(c) An administrative fee of up to 5% of the amount of the total costs associated with (a) or (b) above is allowable (included in the maximum funding allowable for the claim).

(2) Eligible properties must exhaust any local risk mitigation pool or similar program resources before utilizing the RMP funding. If there is a local risk mitigation pool or similar resource, claimants need to provide documentation that funds from the local risk mitigation resources have been exhausted. Department staff may verify the information directly with local risk mitigation programs.

(3) Compliance:

(a) The Department reserves the right to ensure funding was utilized as intended and may do so through fiscal audits and compliance reviews.

(b) If the claimant makes expenditures or incurs costs for purposes inconsistent with allowable costs as prescribed by the Department or in the original claim, funds are subject to recapture and the Department may exercise any remedies available by law.

History

Statutory/Other Authority: SB 5511 & ORS 458.620
Statutes/Other Implemented: SB 5511 & ORS 458.620
OHCS 36-2024, adopt filed 09/26/2024, effective 10/01/2024
OHCS 6-2024, temporary adopt filed 04/25/2024, effective 05/01/2024 through 10/27/2024

Or. Admin. R. 813-385-0025 PSH Risk Mitigation Pool Program Manual

(1) Additional guidance and application instructions are outlined in the RMP Program Manual dated April 23, 2025, incorporated into, and adopted as part of this division of administrative rules by reference.

(2) The manual may be accessed online at OHCS's website.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 458.620 & SB 5511 (2023)
Statutes/Other Implemented: ORS 458.620
OHCS 36-2025, amend filed 08/21/2025, effective 08/26/2025
OHCS 23-2025, temporary amend filed 05/12/2025, effective 05/12/2025 through 11/07/2025
OHCS 7-2025, adopt filed 03/21/2025, effective 03/24/2025
OHCS 49-2024, temporary adopt filed 11/25/2024, effective 11/25/2024 through 05/23/2025

Division 395 PUBLICLY SUPPORTED HOUSING SELLER'S TAX CREDIT

Or. Admin. R. 813-395-0005 Purpose

OAR chapter 813, division 395 provides specific guidance related to ORS 315.281 through ORS 315.291, under which OHCS allocates the Publicly Supported Housing (PuSH) Seller’s Tax Credit to eligible transactions. The purpose of the PuSH Seller’s Tax Credit is to support the preservation of existing affordable housing by incentivizing sale of properties to purchasers who will extend affordability restrictions.

History

Statutory/Other Authority: ORS 315.281 - ORS 315.291
Statutes/Other Implemented: ORS 315.281 - ORS 315.291
OHCS 5-2025, adopt filed 03/13/2025, effective 03/14/2025
OHCS 34-2024, temporary adopt filed 09/16/2024, effective 09/17/2024 through 03/15/2025

Or. Admin. R. 813-395-0010 Definitions

Terms used throughout OAR chapter 813, division 395 may be defined in Oregon Revised Statute 315.281 or in OAR 813-005-0005 General Definitions. Terms used within this division observe those definitions, except as defined below:

(1) “Oregon Centralized Application (ORCA)” has the meaning in OAR 813-002-0010.

(2) “Publicly Supported Housing (PuSH)” has the meaning in ORS 456.250 (6).

(3) “Publicly Supported Housing Seller’s Tax Credit Manual” means the manual for the PuSH Seller’s Tax Credit described in OAR 813-395-0015.

History

Statutory/Other Authority: ORS 315.281 - ORS 315.291
Statutes/Other Implemented: ORS 315.281 - ORS 315.291
OHCS 5-2025, adopt filed 03/13/2025, effective 03/14/2025
OHCS 34-2024, temporary adopt filed 09/16/2024, effective 09/17/2024 through 03/15/2025

Or. Admin. R. 813-395-0015 Publicly Supported Housing Seller's Tax Credit Manual

(1) Additional policies and instructions are outlined in the PuSH Seller’s Tax Credit Manual dated August 2024, incorporated into and adopted as part of this division of administrative rules by reference.

(2) The manual may be accessed online at OHCS’ website.

History

Statutory/Other Authority: ORS 315.281 - ORS 315.291
Statutes/Other Implemented: ORS 315.281 - ORS 315.291
OHCS 5-2025, adopt filed 03/13/2025, effective 03/14/2025
OHCS 34-2024, temporary adopt filed 09/16/2024, effective 09/17/2024 through 03/15/2025

Or. Admin. R. 813-395-0020 Eligibility

(1) All transactions meeting eligibility criteria outlined in ORS 315.281 through 315.283 are eligible to receive tax credits at the amounts described therein.

(2) OHCS will allow rental rates for dwelling units not covered by an existing affordability restriction to be set at an amount at or below 80% AMI.

History

Statutory/Other Authority: ORS 315.281 - ORS 315.291
Statutes/Other Implemented: ORS 315.281 - ORS 315.291
OHCS 5-2025, adopt filed 03/13/2025, effective 03/14/2025
OHCS 34-2024, temporary adopt filed 09/16/2024, effective 09/17/2024 through 03/15/2025

Or. Admin. R. 813-395-0025 Application Process

(1) Applications for the PuSH Seller’s Tax Credits will be available through the Oregon Centralized Application (ORCA) Intake Form.

(2) Applications will be assessed on a first-come, first-reviewed basis.

(3) OHCS’ Finance Committee will approve the reservation of tax credits for transactions recommended by applicable OHCS staff.

(4) Receiving a PuSH Seller’s Tax Credit reservation does not guarantee, reserve, prioritize, or advantage an applicant in receiving another funding award from OHCS.

History

Statutory/Other Authority: ORS 315.281 - ORS 315.291
Statutes/Other Implemented: ORS 315.281 - ORS 315.291
OHCS 5-2025, adopt filed 03/13/2025, effective 03/14/2025
OHCS 34-2024, temporary adopt filed 09/16/2024, effective 09/17/2024 through 03/15/2025

Or. Admin. R. 813-395-0030 Monthly Reporting on Transaction Status

(1) Awarded applicants must submit a report relating to the status of their transaction on a monthly basis using a form provided by OHCS until the transaction closes or is cancelled.

(2) If a transaction that has been awarded the PuSH Seller’s Tax Credit is cancelled, applicants must make OHCS aware within 30 days of the cancellation.

History

Statutory/Other Authority: ORS 315.281 - ORS 315.291
Statutes/Other Implemented: ORS 315.281 - ORS 315.291
OHCS 5-2025, adopt filed 03/13/2025, effective 03/14/2025
OHCS 34-2024, temporary adopt filed 09/16/2024, effective 09/17/2024 through 03/15/2025

Or. Admin. R. 813-395-0035 Notice of Final Sale

The seller of the awarded property must submit a Notice of Final Sale on a form provided by OHCS within 30 business days of financial closing. OHCS will not provide a certification of the seller’s claim to credit before receiving this form.

History

Statutory/Other Authority: ORS 315.281 - ORS 315.291
Statutes/Other Implemented: ORS 315.281 - ORS 315.291
OHCS 5-2025, adopt filed 03/13/2025, effective 03/14/2025
OHCS 34-2024, temporary adopt filed 09/16/2024, effective 09/17/2024 through 03/15/2025

Or. Admin. R. 813-395-0040 Rent Increase Policy

Properties using the PuSH Seller's Tax Credit will be subject to OHCS' Rent Increase Policy, available on OHCS' website.

History

Statutory/Other Authority: ORS 315.281 - ORS 315.291
Statutes/Other Implemented: ORS 315.281 - ORS 315.291
OHCS 5-2025, adopt filed 03/13/2025, effective 03/14/2025
OHCS 34-2024, temporary adopt filed 09/16/2024, effective 09/17/2024 through 03/15/2025

Or. Admin. R. 813-395-0045 Compliance

(1) OHCS retains the ability to ensure that properties remain in compliance by undertaking activities including, but not limited to, auditing the files associated with the property (e.g., rents charged and income certifications) and physical conditions of the property, at any time.

(2) If the transaction is awarded other funding from OHCS in addition to the PuSH Seller’s Tax Credits, the compliance procedures and requirements associated with the other funding source(s) will apply.

History

Statutory/Other Authority: ORS 315.281 - ORS 315.291
Statutes/Other Implemented: ORS 315.281 - ORS 315.291
OHCS 5-2025, adopt filed 03/13/2025, effective 03/14/2025
OHCS 34-2024, temporary adopt filed 09/16/2024, effective 09/17/2024 through 03/15/2025

Or. Admin. R. 813-395-0050 Waiver

The Director may waive or modify any requirements of these rules unless such waiver or modification would violate applicable statute or federal regulations.

History

Statutory/Other Authority: ORS 315.281 - ORS 315.291
Statutes/Other Implemented: ORS 315.281 - ORS 315.291
OHCS 5-2025, adopt filed 03/13/2025, effective 03/14/2025
OHCS 34-2024, temporary adopt filed 09/16/2024, effective 09/17/2024 through 03/15/2025

Division 405 CONSTRUCTION LOAN GUARANTEE PROGRAM

Or. Admin. R. 813-405-0005 Purpose and Objectives

(1) The rules of OAR 813, division 405, are established to accomplish the general purpose of House Bill 3395 Sections 44 to 47 from the 2023 Legislative Session, which authorizes the Department to provide grants to a Community Development Financial Institution for the purpose of establishing a fund to guarantee the repayment of loans to finance the construction of housing subject to an affordable housing covenant for low or moderate income households, as described in ORS 456.270 to 456.295.

(2) These rules describe requirements for the Construction Loan Guarantee program and its objective to provide loan guarantees to construct new housing or to rehabilitate existing structures for housing.

History

Statutory/Other Authority: HB 3395 (2023)
Statutes/Other Implemented: HB 3395 (2023) & ORS 456.270 – 456.295
OHCS 53-2024, adopt filed 12/30/2024, effective 01/01/2025
OHCS 25-2024, temporary adopt filed 07/31/2024, effective 08/01/2024 through 01/26/2025

Or. Admin. R. 813-405-0010 Definitions

All words and terms are used in OAR 813, division 405, as defined in the Act, and as provided in 813-005-0005 (General Definitions) and herein. As used in these rules, unless the context indicates otherwise:

(1) "Community Development Finance Institution (CDFI)" means a federally insured and regulated depository institutions with a primary mission of community development. CDFI's are certified by the U.S. Department of Treasury and include requirements that at least 60 percent of their financing activities be targeted to one or more

(2) “Construction Loan Guarantee (CLG)” means a guarantee of repayment of loans made to finance the construction of housing subject to an affordable housing covenant for Low- or Moderate-Income households.

(3) “Fund” means the Guarantee Fund used for the Construction Loan Guarantee Program;

(4) “Low Income” as defined in ORS 458.610;

(5) “Moderate Income” as defined in ORS 458.610;

(6) “Very Low Income” as defined in ORS 458.610.

History

Statutory/Other Authority: HB 3395 (2023)
Statutes/Other Implemented: HB 3395 (2023), ORS 456.270 – 456.295 & ORS 458.610
OHCS 53-2024, adopt filed 12/30/2024, effective 01/01/2025
OHCS 25-2024, temporary adopt filed 07/31/2024, effective 08/01/2024 through 01/26/2025

Or. Admin. R. 813-405-0015 Availability and Source

(1) CLG funds were authorized through House Bill 3395 of the Oregon Legislative Session in 2023. A program framework was then provided and approved by the Oregon Housing Stability Council.

(2) CLG funds, must be granted to a third-party administrator that is a CDFI for the purpose of fund management and administration of the program.

(3) The CLG fund administrator is responsible for the following:

(a) Outreach

(b) Technical assistance

(d) Pipeline monitoring, tracking and management

(e) Program design

(f) Fund deployment

(g) Impact analysis

(h) Compliance monitoring

(i) Reporting

History

Statutory/Other Authority: HB 3395 (2023)
Statutes/Other Implemented: HB 3395 (2023) & ORS 456.270 – 456.295
OHCS 53-2024, adopt filed 12/30/2024, effective 01/01/2025
OHCS 25-2024, temporary adopt filed 07/31/2024, effective 08/01/2024 through 01/26/2025

Or. Admin. R. 813-405-0020 Eligibility, Program Guidelines, and Priorities

(1) The CDFI, on behalf of OHCS, shall provide guarantees of repayment of loans made to finance the construction, development, and/or rehabilitation of:

(a) Housing for rental or ownership by persons with Moderate, Low and Very Low Income; or

(b) The commercial component of a structure that contains both commercial property and housing for persons with Moderate, Low and Very Low Income.

(2) Organizational Eligibility - Any of the following (an "applicant") may apply to CDFI for a loan guarantee for a qualifying project under the Construction Loan Guarantee Program in the role of a developer, an owner or a lending institution for the project:

(a) A for-profit business;

(b) A local government entity including, but not limited to, a unit of local government (such as city or county) or a housing authority;

(c) A not-for-profit organization, including but not limited to, a nonprofit community-based organization, a regional or statewide nonprofit entity, or a nonprofit corporation;

(d) A Native American tribe; or

(e) Any other entity specifically identified by OHCS as an eligible applicant in an application or award process with respect to the Loan Guarantee Program funds.

(3) Project Eligibility – To be considered eligible for a loan guarantee, projects must meet the following criteria:

(a) No less than 50% of the units constructed, developed, or rehabilitated must be designated for Moderate, Low, or Very Low income individuals or families;

(b) Affordability designations must remain on the property for a period of no less than 10 years or a period determined by CDFI and approved by OHCS or whichever is longer;

(A) Commercial space cannot exceed 20% of the overall development budget for the project, as determined by OHCS underwriting; and

(B) Commercial space must be restricted in scope through a land-use agreement to exclude business(es) that are incompatible with residential housing.

(d) All projects must meet underwriting criteria as established and made easily accessible by CDFI and the participating lender.

(4) General Terms & Conditions of the Fund:

(a) No guarantee shall be prepared or construed in such a manner as to violate provisions of Article XI, section 7, of the Oregon Constitution;

(b) CDFI will not issue any loan guarantee that provides for the repayment of more than 50 percent of the original principal balance of any loan;

(d) To the greatest extent possible, the Loan Guarantee Program should prioritize projects that:

(A) Further affordable housing investments in rural markets that lack market and appraisal data to support needed lending;

(B) Provide access to lending to those small and culturally specific organizations that will benefit from the enhanced credit and risk mitigation a guarantee would provide;

(D) Optimize efficiency of units per dollar guaranteed.

History

Statutory/Other Authority: HB 3395 (2023)
Statutes/Other Implemented: HB 3395 (2023) & ORS 456.270 – 456.295
OHCS 53-2024, adopt filed 12/30/2024, effective 01/01/2025
OHCS 25-2024, temporary adopt filed 07/31/2024, effective 08/01/2024 through 01/26/2025

Or. Admin. R. 813-405-0025 Program Administrator Selection Criteria

(1) The Department may include the following criteria as part of the CDFI selection process:

(a) The Administrator must meet the definition of a CDFI found in 813-405-0010;

(b) The CDFI must have the ability to provide the services throughout the State of Oregon;

(d) The CDFI has experience in assuring that funds provide benefits to families and business that are historically underserved by public dollars;

(e) The CDFI presents a plan that allows for the continuation of project development after activation of the guarantee;

(f) The CDFI presents a plan that is efficient in utilizing public dollars but also targets the borrowers and projects most in need of a loan guarantee; and

(g) The CDFI presents a plan that realistically plans for the funds longevity in the long term, focused on a 30 to 60 year time horizon.

(2) The Department will expect reporting to be conducted on all of these criteria in accordance with the annual reporting requirements in 813-405-0035. Any changes to the program, organization, fund, or other critical components of the award, must be reported and approved by the Department. If the changes are not aligned with the intent of the program, or have strayed too significantly from the structure from the original award, the CDFI risks loss of program administration authority.

History

Statutory/Other Authority: HB 3395 (2023)
Statutes/Other Implemented: HB 3395 (2023) & ORS 456.270 – 456.295
OHCS 53-2024, adopt filed 12/30/2024, effective 01/01/2025
OHCS 25-2024, temporary adopt filed 07/31/2024, effective 08/01/2024 through 01/26/2025

Or. Admin. R. 813-405-0030 Program Continuation

(1) The CLG program includes the backing of guarantee amounts depending largely upon individual project need. Guarantees may be activated and provided to borrowers or their associated lending institution in the form of loans or grants.

(2) Loans must include loan terms and interest rates though interest rates shall be established at rates below market levels. Funds returned through this process shall be reused by the program or until such time that the Department determines the program is no longer effective or funding is inadequate.

(3) At the time the program ends or any unused funds must be returned from any third party provider, not including any agreed administrative expenses.

History

Statutory/Other Authority: HB 3395 (2023)
Statutes/Other Implemented: HB 3395 (2023) & ORS 456.270 – 456.295
OHCS 53-2024, adopt filed 12/30/2024, effective 01/01/2025
OHCS 25-2024, temporary adopt filed 07/31/2024, effective 08/01/2024 through 01/26/2025

Or. Admin. R. 813-405-0035 Program Oversight

(1) The Department requires information from project awardees on an annual basis every year that the fund is still actively being used for this program.

(2) Report information must include but is not limited to the following:

(a) Number of loan guarantees made to housing projects

(b) Entity and project information of housing projects, including at a minimum:

(A) Lender entity name

(B) Borrower entity name

(D) Relevant project details, including at a minimum:

(i) Target population

(ii) Total units

(iii) Units by bedroom size

(iv) Units by rent restrictions

(A) Length of time remaining on all active guarantees and associated loans

(B) Use of guarantees, if applicable, by projects. Report should include both the amount activated and how it was utilized

(d) Construction status of project

(e) Relevant updated financial information if necessary

(f) Pipeline of projects, if applicable

(3) Information review shall be done at least annually by OHCS staff and will be delivered to the Department by, at the latest, 30 days after the end of each fiscal year (June 30).

(a) The Department will provide oversight to a Third Party Administrator.

(b) Oversight may be established through a cooperative review process. Joint reviews shall be done at least annually and may be more often if determined appropriate.

(c) The Department shall establish report criteria for the Third Party Administrator that includes, at a minimum, the information outlined in 813-405-0020.

History

Statutory/Other Authority: HB 3395 (2023)
Statutes/Other Implemented: HB 3395 (2023) & ORS 456.270 – 456.295
OHCS 53-2024, adopt filed 12/30/2024, effective 01/01/2025
OHCS 25-2024, temporary adopt filed 07/31/2024, effective 08/01/2024 through 01/26/2025

Or. Admin. R. 813-405-0040 Fees and Changes

The Department may engage in a long term contract with targeted performance outcomes allowing for contract termination earlier if necessary. However, if performing, a long term contract is preferred due to the high front end costs and the long term nature of construction and loan repayments the Third Party Administrator may be allowed to establish a loan fee structure and an application fee to offset administration though the department is advised to establish some ongoing administration costs for the Third Party Administrator for ongoing technical assistance demands.

History

Statutory/Other Authority: HB 3395 (2023)
Statutes/Other Implemented: HB 3395 (2023) & ORS 456.270 – 456.295
OHCS 53-2024, adopt filed 12/30/2024, effective 01/01/2025
OHCS 25-2024, temporary adopt filed 07/31/2024, effective 08/01/2024 through 01/26/2025

Division 410 MODERATE-INCOME REVOLVING LOAN PROGRAM

Or. Admin. R. 813-410-0005 Temporary rule language in effect until 01/05/2027. Purpose and Objectives

(1) The Moderate-Income Housing Revolving Loan (MIRL) program was established by Senate Bill 1537 in the 2024 Legislative Session. The program has allocated $55 million in General Fund resources to capitalize the Housing Project Revolving Loan Fund. The MIRL program is intended to support and expand local very low, low- and moderate-income housing production across the state through a revolving loan structure.

(2) The MIRL program is limited to the development of new housing, or conversions of non-residential structures to housing, for households earning 120 percent or less of the Area Median Income. Loans are repaid by either of the following:

(a) The improvements constituting the Eligible Housing Project will be exempt from property taxes through the duration of the loan term. In lieu of regular property tax payments on the improvements, the Developer / Fee Payer will pay a predetermined annual program fee until the loan is repaid or;

(b) Through an alternative funding source.

History

Statutory/Other Authority: SB 1537, (2024), Sections 24-36, ORS 183.333, SB 48 (2025), Section 9-23 & HB 4037 (2026), Section 1-11
Statutes/Other Implemented: SB 1537, (2024), Sections 24-36, SB 48 (2025), Section 9-23 & HB 4037 (2026), Section 1-11
OHCS 16-2026, temporary amend filed 07/10/2026, effective 07/10/2026 through 01/05/2027
OHCS 14-2026, amend filed 06/29/2026, effective 06/30/2026
OHCS 2-2026, temporary amend filed 01/29/2026, effective 01/29/2026 through 07/27/2026
OHCS 35-2025, adopt filed 08/04/2025, effective 08/05/2025
OHCS 3-2025, temporary adopt filed 02/10/2025, effective 02/10/2025 through 08/08/2025

Or. Admin. R. 813-410-0010 Temporary rule language in effect until 01/05/2027. Moderate-Income Revolving Loan Program Manual

(1) Additional guidance and application instructions are outlined in the Moderate Income Revolving Loan (MIRL) Program Manual dated July 2026, incorporated into, and adopted as part of this division of administrative rules by reference.

(2) The manual may be accessed online at the OHCS website.

History

Statutory/Other Authority: SB 1537 (2024), Sections 24-36, ORS 183.331, SB 48 (2025), Section 9-23 & HB 4037 (2026), Section 1-11
Statutes/Other Implemented: SB 1537 (2024), Sections 24-36, SB 48 (2025), Section 9-23 & HB 4037 (2026), Section 1-11
OHCS 16-2026, temporary amend filed 07/10/2026, effective 07/10/2026 through 01/05/2027
OHCS 14-2026, amend filed 06/29/2026, effective 06/30/2026
OHCS 2-2026, temporary amend filed 01/29/2026, effective 01/29/2026 through 07/27/2026
OHCS 35-2025, adopt filed 08/04/2025, effective 08/05/2025
OHCS 4-2025, temporary adopt filed 02/24/2025, effective 02/25/2025 through 08/08/2025
OHCS 3-2025, temporary adopt filed 02/10/2025, effective 02/10/2025 through 08/08/2025