Oregon Revised Statutes
As used in ORS chapters 456 and 458: “Culturally responsive organization” means an entity that, as determined by the Housing and Community Services Department: Comprehensively addresses power relationships throughout the organization by methods that include addressing conflicts and dynamics of inclusion and exclusion; Has relationships with and is respons…
As used in the Housing Authorities Law, unless the context requires otherwise: “Affordable housing” means dwelling units that may be purchased or rented, with or without government assistance, by persons of eligible income. “Blighted area” means any area where housing, by reason of neglect and dilapidation, is detrimental to the safety or health of the occ…
As used in the Housing Authorities Law, unless the context requires otherwise, “area of operation” includes: In the case of a housing authority of a city: The area within the city; If the city has adopted in its comprehensive land use plan an urban growth boundary recognized by the governing bodies of the counties in which it is situated, the area within …
As used in this section: “Community services” means services provided by public or private nonprofit organizations or service agencies that may include, but are not limited to, child care, early childhood education, health, human resources, information and referral services, basic life skills and adult literacy classes, support services designed to improve …
It hereby is declared: That there exists in this state a need for an increase in affordable housing for persons or families of lower income. That it is a goal of this state to increase the availability of affordable housing for persons and families of lower income. That there is a necessity in the public interest for the Housing Authorities Law.
In each city, as defined in ORS 456.055, and county there hereby is created a public body corporate and politic to be known as the “housing authority” of the city or county. However, the housing authority shall not transact any business or exercise its powers until or unless the governing body of the city or the county, by proper resolution, declares that th…
The determination whether there is a need for a housing authority to function in a city or county may be made either by election as provided in this section or by the governing body of a city or county on its own motion. The governing body of the city or county shall order the election when a petition is filed as provided in this section. A petition under t…
The governing body shall adopt a resolution declaring that there is need for a housing authority in the city or county, if it finds that there exists a need for additional safe, decent and sanitary affordable housing for persons or families of lower income.
In any suit, action or proceeding involving the validity or enforcement of or relating to any contract of authority, the authority is conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of a resolution by the governing body declaring the need for the authority. The resolution i…
When the governing body of a city or county adopts a resolution pursuant to ORS 456.085, the governing body may then elect to have the powers of a housing authority under ORS 456.055 to 456.235 exercised in any of the following ways: Appointing by resolution, a commission composed of five, seven or nine persons. Declaring, by resolution, that the governing…
The commissioners of a five-member authority who are first appointed shall serve terms as follows: One commissioner shall be appointed for a term of one year. One commissioner shall be appointed for a term of two years. One commissioner shall be appointed for a term of three years. Two commissioners shall be appointed for terms of four years. The commis…
A majority of the commissioners of an authority shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes. Except as otherwise provided in the Housing Authorities Law, action may be taken by the authority upon a vote of a majority of the commissioners present, a quorum being pr…
For inefficiency or neglect of duty or misconduct in office, a commissioner of an authority appointed pursuant to ORS 456.095 (1) or (2) may be removed by the mayor or, in the case of an authority for a county, by the governing body of the county or, in the case of a regional authority, by the appointing authority for the commissioner. This section does not …
No commissioner or employee of an authority shall acquire any interest in any housing project or in any property included or planned to be included in any project, nor shall the commissioner or employee of an authority have an interest except as a tenant in any contract or proposed contract for materials or services to be furnished or used in connection with…
No person other than a housing authority created under ORS 456.055 to 456.235 may use the term “housing authority” or a variation of the term “housing authority” in the corporate or other business name or title of the person. Any housing authority may bring a civil suit to enjoin a violation of this section, regardless of whether the housing authority shows …
A housing authority shall constitute a public body corporate and politic, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out and effectuate the purposes of the Housing Authorities Law. These powers shall be vested in the commissioners of the authority and shall include the following in addit…
Unless specifically provided, no law with respect to the acquisition, operation or disposition of property by other public bodies applies to a housing authority.
Within its area of operation, a housing authority may: Investigate into living, dwelling and housing conditions and into the means and methods of improving such conditions by either the housing authority or the private market. Determine where blighted areas exist or where there is a shortage of decent, safe and sanitary housing for persons or families of l…
As used in this section: “Housing authority” means a housing authority created under ORS 456.075. “Housing authority” includes a person exercising delegated powers and duties under ORS 456.135, a local government electing under ORS 456.095 to have the powers of a housing authority and a body to which powers and authority are transferred under ORS 456.233. …
Any authority, acting through one or more commissioners or other persons designated by the authority, may: Conduct examinations and investigations and hear testimony and take proof under oath at private or public hearings on any matter material for its information. Administer oaths, issue subpoenas requiring the attendance of witnesses or the production of…
An authority may delegate to one or more of its agents or employees such powers or duties as it deems proper.
Any two or more authorities may join or cooperate with one another in the exercise of any or all of the powers conferred by the Housing Authorities Law for the purpose of financing, planning, undertaking, constructing or operating a housing project or projects located within the area of operation of one or more of the authorities.
An authority may acquire, by the exercise of the power of eminent domain, any real property which it deems necessary for its purposes after adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. An authority may exercise the power of eminent domain in the manner provided for in the…
All housing projects of an authority shall be subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality in which the housing project is situated. In the planning and location of any housing project, an authority shall take into consideration the relationship of the project to any larger plan or long-r…
A housing authority may finance, develop, own, manage or operate mixed income housing if the authority determines that a substantial number of persons of eligible income in the area served by the authority cannot obtain housing for 30 percent or less of their income.
It hereby is declared to be the policy of this state that: Each housing authority shall manage and operate its housing projects in an efficient and cost-effective manner so as to enable it to set the rents for housing units at the lowest possible rates consistent with providing decent, safe and sanitary housing and fulfilling the unmet need of affordable ho…
In the operation or management of housing projects, a housing authority shall at all times observe the following duties with respect to rentals and tenant selection: A housing authority may rent or lease the housing only to persons of eligible income, except: If the authority owns, operates or manages the housing and a substantial number of the housing uni…
ORS 456.155 and 456.160 do not limit the power of an authority to vest in an obligee the right, in the event of a default by the authority, to take possession of a housing project or cause the appointment of a receiver thereof or acquire title thereto through foreclosure proceedings, free from all the restrictions imposed by those sections.
At least once each year, a housing authority shall procure an independent audit of authority finances and activities for the preceding year, make the audit available for inspection by the public and provide a copy of the audit to each governing body that appoints the housing authority commissioners.
An authority may issue bonds from time to time in its discretion upon the resolution adopted by a majority vote of the commissioners for any of its corporate purposes. An authority may also issue refunding and advance refunding bonds for the purpose of paying or retiring bonds previously issued by it.
Neither the commissioners of an authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. The bonds and other obligations of an authority shall not be a debt of the city, the county, the state or any political subdivision thereof, and the bonds and obligations shall so state on their face. Neithe…
Bonds of an authority must be authorized by its resolution adopted by a vote of a majority of the commissioners, must be issued as prescribed in ORS chapter 287A and are not subject to the requirements of ORS 287A.150.
In any suit, action or proceedings involving the validity or enforceability of any bond of an authority or the security therefor, any bond reciting in substance that it has been issued by the authority to aid in financing a housing project to provide housing for persons or families of lower income is conclusively deemed to have been issued for a housing proj…
In connection with the issuance of bonds or the incurring of obligations and in order to secure the payment of such bonds or obligations, an authority may: Pledge all or any part of its gross or net rents, fees or revenues to which its right then exists or thereafter comes into existence. Mortgage its real or personal property, then owned or thereafter acq…
An authority shall have the power to borrow money for the purposes for which its bonds are to be issued in anticipation of the receipt of proceeds of the sale of such bonds and within the authorized maximum of such bond issue. Bond anticipation notes shall be issued for all moneys borrowed under the provisions of this section. Such notes may be issued for a…
An obligee of an authority, in addition to all other rights conferred on the obligee, subject only to any contractual restrictions binding upon the obligee, may: By mandamus or other action or proceeding for legal or equitable remedies, compel the authority and its commissioners, officers, agents or employees to perform each and every term, provision and co…
An authority, by its resolution, trust indenture, mortgage, lease or other contract, may confer upon any obligee holding or representing a specified amount in bonds, or holding a lease, the right, in addition to all rights that may otherwise be conferred, upon the happening of an event of default as defined in such resolution or instrument, by suit, action o…
An authority may: Borrow money or accept grants or other financial assistance from the federal government for or in aid of any housing project within its area of operation. Take over or lease or manage any housing project or undertaking constructed or owned by the federal government. Comply with such conditions and enter into such mortgages, trust indentu…
All real property of an authority is exempt from levy and sale by virtue of an execution. No execution or other judicial process shall issue against such property nor shall any judgment against an authority be a charge or lien upon its real property. However, this section does not apply to or limit the right of obligees to foreclose or otherwise enforce any …
Bonds of an authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities. The bonds, together with interest thereon and income therefrom, are exempt from personal income taxes under ORS chapter 316.
If, pursuant to ORS 456.055 to 456.235, the governing body in a city or a county has declared, by resolution, that the governing body itself shall exercise the powers of a housing authority under ORS 456.055 to 456.235, the governing body may thereafter, by resolution, elect to transfer the powers and the authority to act as the housing authority to any othe…
A housing authority may be dissolved upon a majority vote of its commissioners at any regular or special meeting of the commission whereof all the members of the commission have been notified. Except with the consent of the obligees of the housing authority to dissolution, no authority having outstanding bonds or indebtedness shall be dissolved unless the as…
AFFORDABLE HOUSING COVENANTS
As used in ORS 456.270 to 456.295: “Affordable housing covenant” means a nonpossessory interest in real property imposing limitations, restrictions or affirmative obligations that encourage development or that ensure continued availability of affordable rental and owner-occupied housing for low or moderate income households. “Area median income” means the …
The Legislative Assembly finds and declares that: There is a serious shortage of decent, safe and sanitary housing available and affordable to low and moderate income households in the State of Oregon. The inadequacy in the supply of decent, safe and sanitary affordable housing endangers the public health and jeopardizes the public safety and general welfa…
A person may create an affordable housing covenant as a condition of giving or receiving a subsidy during ownership or upon conveying real property, in the form of a covenant, servitude, easement, condition or restriction in a deed, declaration, land sale contract, trust deed, mortgage, security agreement, assignment, will, trust, rental agreement, lease or …
An affordable housing covenant may: Include limitations, restrictions and affirmative obligations on the sale price or rental rate of real property or the use of real property or the income or assets of purchasers or tenants; Limit the amount of equity appreciation that a property owner may derive from ownership of the real property; Grant a right of firs…
An affordable housing covenant is valid and enforceable even though the covenant is not of a character traditionally recognized at common law or is inconsistent with a common law doctrine of real property law that might invalidate, impair enforcement of or cause the termination of the covenant, including but not limited to common law doctrine that holds that…
An action affecting an affordable housing covenant may be commenced or intervened in by: The owner of an interest in the real property burdened by the covenant; An eligible covenant holder of the benefit of the covenant; A person that has a third-party right of enforcement; or A public body, as defined in ORS 174.109, in the jurisdiction of which the rea…
As used in ORS 456.305 to 456.325, unless the context requires otherwise: “Governing body” means the common council, county court, board of county commissioners, board or other body having charge of the fiscal affairs of the state public body. “Housing project” means any work or undertaking of a housing authority pursuant to the Housing Authorities Law or …
It hereby is found and declared: That the assistance provided in ORS 456.315 and 456.320 for the remedying of the conditions set forth in the Housing Authorities Law is a matter of state concern and constitutes a public use and purpose and an essential governmental function for which public moneys may be spent and other aid given. That it is a proper publi…
For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of housing projects located within the area in which it is authorized to act, any state public body may upon such terms, with or without consideration, as it may determine: Dedicate, sell, convey or lease any of its property to a housing authority or the federa…
When any housing authority becomes authorized to transact business and exercise its powers, the governing body of the city, town or county, as the case may be, shall immediately make an estimate of the amount of money necessary for the administrative expenses and overhead of the housing authority during the first year thereafter, and shall appropriate such a…
The exercise by a state public body of the powers granted in ORS 456.305 to 456.325 may be authorized by resolution of the governing body of such state public body adopted by a majority of the members of its governing body present at a meeting of the governing body. This resolution may be adopted at the meeting at which it is introduced. Such a resolution sh…
As used in ORS 456.355 to 456.370, unless the context requires otherwise: “Governing body” means the governing body of any city or county. “Housing project” means any work or undertaking of a nonprofit sponsor, limited-dividend housing corporation or a for-profit developer meeting the requirements of subsection (5) of this section for the purpose of operat…
It hereby is found and declared: That the assistance provided by ORS 456.365 for the remedying of the conditions set forth in the Housing Authorities Law is a matter of state concern and constitutes a public use and purpose and an essential governmental function for which public moneys may be spent and other aid given. That it is a proper public purpose fo…
For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of housing projects as defined in ORS 456.355 and located within the area in which it is authorized to act, any city or county may upon such terms, with or without consideration, as it may determine: Dedicate, sell, convey or lease any of its property. Cause p…
The exercise by a city or county of the powers granted by ORS 456.355 to 456.370 may be authorized by ordinance of the governing body of the city or county adopted by a majority of the members of its governing body present at a meeting of the governing body. Persons particularly interested, and the general public, shall be given an opportunity to be heard at…
It is the policy of this state to pursue a goal of attaining a statewide homeownership rate, as determined by the American Community Survey of the United States Census Bureau, in aggregate and for each disaggregated racial or ethnic population for which demographic data is provided, of: At least 65.05 percent by 2030; At least 1.65 percent more than the go…
The Housing and Community Services Department shall create, and annually update, a publicly available homeownership goal dashboard that includes tracking of the progress, based on the homeownership rate, toward the homeownership goal under ORS 456.372: For the entire state, in aggregate and disaggregated by race and ethnicity; and For each region that is e…
As used in ORS 456.375 to 456.390: “Housing Choice Voucher Program” means the federal tenant-based assistance program established under 42 U.S.C. 1437f(o). “Landlord” and “tenant” have the meanings given those terms in ORS 90.100.
The Housing and Community Services Department shall develop and implement the Housing Choice Landlord Guarantee Program for the purpose of providing financial assistance to landlords to mitigate damages caused by tenants who have received rental assistance: Under the Housing Choice Voucher Program; or From a rehousing initiative under section 4, 5 or 11, c…
There is created within the State Treasury, separate and distinct from the General Fund, the Housing Choice Landlord Guarantee Program Fund. Interest earned by the Housing Choice Landlord Guarantee Program Fund shall be credited to the fund. Moneys in the Housing Choice Landlord Guarantee Program Fund shall consist of: Amounts donated to the fund; Amounts…
Housing authorities shall report annually to the Housing and Community Services Department regarding information required to be provided to the Secretary of Housing and Urban Development regarding each housing authority’s participation in the Housing Choice Voucher Program. Housing authorities shall annually review internal procedures and processes so as to…
The Housing and Community Services Department and the Oregon Housing Stability Council shall cooperate with and assist housing authorities to obtain federal approval, renewal of an existing waiver of federal requirements or a new waiver of federal requirements, as necessary to make the use and distribution of federal rent subsidy and assistance payments unde…
As used in ORS 456.400 to 456.433, “facility,” “manufactured dwelling,” “manufactured dwelling park” and “marina” have the meanings given those terms in ORS 90.100.
The Housing and Community Services Department shall: Undertake, participate in or cooperate with persons and agencies in such conferences, inquiries, meetings or studies as might lead to improvements in manufactured dwelling park and marina landlord and tenant relationships; Develop and implement a centralized resource referral program for tenants and land…
It is the policy of the State of Oregon: To encourage manufactured dwelling park and marina residents and manufactured dwelling park and marina owners and managers to settle disputes among themselves without recourse, if possible, to either the court system or intervention by a state agency. To assist manufactured dwelling park and marina residents and man…
There hereby is established separate and distinct from the General Fund the Manufactured and Marina Communities Account. All moneys in the account are continuously appropriated to the Housing and Community Services Department to carry out the duties and responsibilities of the department under ORS 90.505 to 90.850 and 456.400 to 456.433. Interest earned on t…
Except as provided in ORS 308.250 (2)(b) and (3)(a)(A) and (B), a special assessment is levied annually upon each manufactured dwelling or floating home that is assessed for ad valorem property tax purposes as personal property. The amount of the assessment is $10. On or before July 15 of each year, the county assessor shall determine and list the manufactu…
The Housing and Community Services Department shall encourage manufactured dwelling park landlords to inform the department of manufactured dwelling park spaces that become available for rent and to provide the department with descriptions and other relevant information regarding those spaces. The department shall take reasonable means to make the descriptio…
The Housing and Community Services Department shall develop and administer or contract for the management of a voluntary collection of information to be known as the state’s manufactured dwelling site information clearinghouse. The manufactured dwelling site information clearinghouse shall collect, coordinate and prepare information for distribution in respo…
The Housing and Community Services Department may decide the scope of the information the manufactured dwelling site information clearinghouse collects, coordinates and distributes. This information may include, but is not limited to: The name, address and telephone number of the owners, operators and managers of all mobile home or manufactured dwelling par…
Costs to operate the manufactured dwelling site information clearinghouse shall be collected from: A registration fee; A user fee; or Any other available federal, state, local or private funding source designed to support the formation or operation of a manufactured dwelling site information clearinghouse.
RURAL RENTAL HOUSING LOANS
The Legislative Assembly finds that: There is a significant number of rental properties in this state whose owners have obtained rural rental housing loans from Rural Development or the Farm Service Agency of the United States Department of Agriculture under 7 C.F.R. 3560. Many of these rental properties contain rental units in which very low, low and moder…
The Affordable Housing Land Acquisition Revolving Loan Program is established within the Housing and Community Services Department. The purpose of the program is to provide financial assistance to eligible organizations to purchase land for affordable housing development. The department may contract with a qualifying nonprofit organization to serve in a fidu…
SUBSIDIZED DEVELOPMENT VISITABILITY
The Legislative Assembly finds and declares that: People with disabilities and senior citizens over 85 years of age are the fastest growing population in Oregon. The second fastest growing population in Oregon are the members of the massive baby boom generation, who will, as they age, demand services and accommodations at an unprecedented rate. The policy …
As used in ORS 456.510 and 456.513: “Accessible” means 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. “Common living space” means a living room, family room, dining room or kitchen. “Contiguous units” means units that are…
Except as provided in this section and ORS 456.513, the Housing and Community Services Department may not provide funding for the development of new rental housing that is a subsidized development unless: Each dwelling unit of the housing meets the following requirements: At least one visitable exterior route leading to a dwelling unit entrance that is ste…
The Housing and Community Services Department shall exempt new rental housing that is a subsidized development from compliance with the requirements of ORS 456.510 if the department determines that the exemption is warranted by: The topography at the construction site; Community and design standards; Undue costs or constraints; or Conflicting funding req…
The Housing and Community Services Department shall adopt rules for implementing, administering and enforcing ORS 456.510 and 456.513. The department shall consult with advocacy groups representing affordable housing interests and advocacy groups representing individuals with mobility impairments prior to adopting rules under this section. Note: See note un…
As used in ORS 456.515 to 456.828 and ORS chapter 458 unless the context requires otherwise: “Accessible unit” means a dwelling unit designed and constructed for accessibility as defined by the Housing and Community Services Department by rule in consultation with the Department of Consumer and Business Services. “Community Action Partnership of Oregon” me…
In order to provide funds for the purposes specified in Article XI-I(2) of the Oregon Constitution, including those specified in ORS 456.539, the Director of the Housing and Community Services Department may request the State Treasurer to issue bonds in accordance with the provisions of ORS chapter 286A.
Notwithstanding ORS 293.721 and 293.726 and subject to the provisions of any agreement with holders of bonds issued pursuant to ORS 456.519 or 456.524 (1979 Replacement Part), the Housing and Community Services Department may consider the willingness or commitment of a lending institution as defined in ORS 456.548 to make loans for residential housing as a f…
The money realized from the sale of each issue of bonds shall be credited to a special fund in the State Treasury, separate and distinct from the General Fund, to be designated the Elderly and Disabled Housing Fund. Moneys in the Elderly and Disabled Housing Fund are continuously appropriated to the Housing and Community Services Department for the purpose o…
The Housing and Community Services Department shall be the agency for the State of Oregon for the administration of the Elderly and Disabled Housing Fund. Except as otherwise provided in ORS 456.515 to 456.828, the provisions of ORS 456.515 to 456.828 are applicable to the administration of the Elderly and Disabled Housing Fund. The department is authorized…
As used in this section: “Elderly household” has the meaning given that term in ORS 456.515. “Elderly housing project” means a residential care facility as defined in ORS 443.400, including but not limited to an assisted living facility, or an independent living community, that is: Financed through a Housing and Community Services Department housing progr…
The Housing and Community Services Department shall and the Oregon Housing Stability Council may consult generally with the Department of Human Services and such other persons as the council or Housing and Community Services Department may consider appropriate concerning project applications for housing for disabled households. The Housing and Community Serv…
The Housing and Community Services Department shall maintain, with the State Treasurer, an Elderly and Disabled Housing Sinking Fund, separate and distinct from the General Fund. The Elderly and Disabled Housing Sinking Fund shall provide for the payment of the principal and interest upon bonds issued under authority of Article XI-I(2), Oregon Constitution, …
On or before September 15 of each year, the Housing and Community Services Department shall provide a report to an appropriate interim committee of the Legislative Assembly in the manner provided in ORS 192.245 that includes, of the dwelling units that the department provided loans, grants or other funding awards to, the number and percentage that include ac…
The Housing and Community Services Department shall establish and maintain a senior housing development initiative to incentivize housing targeted to older adults and persons with disabilities, including housing that prioritizes visitability and accessibility, but not including housing for the purpose of providing care. Under the initiative, the department s…
The Housing and Community Services Department may accept assistance, grants and gifts, in the form of money, land, services or any other thing of value from the United States or any of its agencies, or from other persons, for any of the purposes contemplated by Article XI-I(2) of the Oregon Constitution and by ORS 456.515 to 456.828 and ORS chapter 458. Unle…
As used in ORS 456.548 to 456.828, unless the context requires otherwise: “Bonds” means any bonds, as defined in ORS 286A.001, or any other evidence of indebtedness, issued under ORS 456.515 to 456.828 or issued in anticipation of bonds and payable from the proceeds of bonds issued. “Capital reserve account” or “capital reserve accounts” means one or more …
There exists in this state a seriously inadequate supply of and a pressing need for safe and sanitary dwelling accommodations within the financial means of persons and families of lower income, including but not limited to persons and families displaced by the clearing of slums and blighted areas or by other public programs; Private lending institutions hav…
The Housing and Community Services Department is established. The department is supervised and controlled by a director who is responsible for the performance of the duties imposed upon the department. The Governor shall appoint the Director of the Housing and Community Services Department. The director shall hold office at the pleasure of the Governor. The…
The Housing and Community Services Department shall: Maintain current housing data and information concerning available programs, status of funding, programs planned or undertaken which might conflict with, overlap, duplicate or supersede other planned or existing programs and call these to the attention of appropriate state agencies, governmental bodies an…
The Housing and Community Services Department may effect loans, grants and other funding awards to accomplish department housing programs, subject to any requirement under this section for review and approval by the Oregon Housing Stability Council of proposals for loans, grants or other funding awards. The department shall submit a loan, grant or other fun…
As used in this section: “Intellectual property” means computer programs, software, software tools and data. “Person” means a person as defined in ORS 174.100, a federal, state or local government body, a Native American tribe or an agent or representative of a tribe. Subject to any superior patent rights or copyrights, the Housing and Community Services …
The Director of the Housing and Community Services Department, in addition to the director’s other powers, shall have the power, subject to the applicable provisions of the State Personnel Relations Law, to appoint all subordinate officers and employees of the Housing and Community Services Department and prescribe their duties and fix their compensation.
The Oregon Housing Stability Council is established. The council shall consist of nine members appointed by the Governor subject to confirmation by the Senate under ORS 171.562 and 171.565. In appointing members, the Governor shall seek to appoint persons from all geographic regions of the state and with expertise in housing programs and related services to …
For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Housing and Community Services Department may require the fingerprints of a person who: Is employed or applying for employment by the department; or Provides services or seeks to provide services to the department as a contractor, vendor or volunteer; and Is…
The Oregon Housing Stability Council shall, with the advice of the Director of the Housing and Community Services Department, develop policies to: Aid in stimulating and increasing the supply of housing for persons and families of lower income; Address geographic and racial disparities; and Ensure funds distributed by the Housing and Community Services De…
The Housing and Community Services Department shall develop a comprehensive state plan for responding to the needs of very low income, low income and moderate income Oregonians for housing and services, with the goal of providing affordable housing. The department shall ensure that the development, annual updating and implementation of the state housing plan…
There is created in the General Fund of the State Treasury the Housing and Community Services Department Fund. All moneys deposited in the fund are continuously appropriated for the purposes of carrying out the programs which the Housing and Community Services Department is charged with administering subject to limitations otherwise prescribed by law. The d…
Pursuant to ORS 286A.560 to 286A.585, at the request of the Oregon Department of Administrative Services, after the department consults with the Housing and Community Services Department, the State Treasurer is authorized to issue lottery bonds for the Housing and Community Services Department to provide financial assistance to aid in the acquisition, stabil…
Subject to other applicable laws and agreements entered into with bondholders, amounts received by, or appropriated to, the Housing and Community Services Department may be applied to funds and accounts as the Director of the Housing and Community Services Department determines necessary or appropriate for the payment of expenses of programs administered by …
There is established separate and distinct from the General Fund an account to be known as the Manufactured Dwelling Parks Account. Moneys in the account are continuously appropriated to the Housing and Community Services Department for the purpose of carrying out the duties and responsibilities imposed upon the department under ORS 90.800 to 90.850 and 456.…
The Manufactured Dwelling Parks Account established in ORS 456.579 shall be used by the Housing and Community Services Department to provide: Technical assistance to tenants’ associations, manufactured dwelling park nonprofit cooperatives, tenants’ association supported nonprofit organizations and housing authorities and to help tenants in activities relate…
No person, either personally or by an agent, shall: Make any material omission or false statement in the application for a single-family residential loan financed by the Housing and Community Services Department; or Sell, rent or fail to occupy as a primary residence a single-family residence subject to an outstanding residential loan financed by the Housi…
The Housing and Community Services Department shall serve as the primary state agency for information about agriculture workforce housing as defined in ORS 315.163. The department shall perform the following duties related to agriculture workforce housing information: Develop an information center for agriculture workforce housing financing information. The…
The Housing and Community Services Department Electricity Public Purpose Charge Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Housing and Community Services Department Electricity Public Purpose Charge Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the H…
The Legislative Assembly finds that cities with a population of 300,000 or more suffer from a lack of available mortgage financing for the purchase of single-family homes in the core and inner areas of those cities. There is a need for low-cost mortgage financing for single-family home purchasers in order to prevent urban decay and blight and to promote the …
As used in this section, unless the context requires otherwise, “city” means any city with a population of 300,000 or more. Notwithstanding any of the provisions of ORS 456.548 to 456.828 to the contrary: Of the $2.5 billion bond authorization under ORS 456.661, the aggregate principal amount of not to exceed $30 million is to be made available exclusively…
As used in ORS 456.594 to 456.599: “Cash payment” means a payment made by the Housing and Community Services Department to the dwelling owner or to the contractor on behalf of the dwelling owner for energy conservation measures. “Contractor” means a person that installs or assists a dwelling owner to install energy conservation measures in a dwelling. “Dw…
Each petroleum supplier shall annually pay to the Housing and Community Services Department its share of a petroleum supplier assessment. Moneys received by the department under this section shall be deposited in the Oil-Heated Dwellings Energy Account to be used only to fund: Provision by the department of information, assistance and technical advice to r…
The Oil-Heated Dwellings Energy Account is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oil-Heated Dwellings Energy Account shall be credited to the account. Moneys in the Oil-Heated Dwellings Energy Account are continuously appropriated to the Housing and Community Services Department to be used onl…
The Housing and Community Services Department may adopt by rule policies and procedures for the administration and enforcement of ORS 456.594 to 456.599. Note: See note under 456.594.
(Oregon Housing Needs Analysis)
The Housing and Community Services Department may adopt rules to implement this section and ORS 456.602. On an annual basis the Housing and Community Services Department shall update a publicly available statewide housing production dashboard. The dashboard shall include, for each city with a population of 10,000 or greater, as defined in ORS 184.451: Pro…
On an annual basis the Housing and Community Services Department shall update publicly available statewide housing equity indicators. The indicators shall include, for each city under ORS 456.601, quantifiable data, to the extent that the department can determine, define or estimate it, displaying: Housing outcomes, such as cost burden and availability of …
In any year in which a housing indicator demonstrates that at least 25 percent of the renter households in a city are severely rent burdened under ORS 456.602 (2)(g), the governing body of the city shall hold at least one public meeting to discuss the causes and consequences of severe rent burdens within the city, the barriers to reducing rent burdens and po…
The Housing and Community Services Department may establish and implement mortgage credit certificate programs to make available income tax credits for indebtedness incurred on acquisition, improvement or rehabilitation of a principal residence. Under this program, the department may issue tax credit certificates to persons and families with incomes equal to…
As used in this section and ORS 456.608: “Landlord” means an owner of a dwelling unit that has entered into a rental or lease agreement with a tenant. “Low income household” means a household of one or more individuals whose combined incomes are at or below 60 percent of the area median income and includes, but is not limited to, a household of one or more…
The Housing and Community Services Department shall develop and implement the Rent Guarantee Program for the purpose of providing incentives and financial assistance to landlords that rent to low income households by guaranteeing payments to landlords for unpaid rent and for eviction and property damage costs as described in this section. A tenant is eligib…
The Rent Guarantee Program Fund is established within the State Treasury, separate and distinct from the General Fund. Interest earned by the Rent Guarantee Program Fund shall be credited to the fund. Moneys in the Rent Guarantee Program Fund shall consist of: Amounts donated to the fund; Amounts appropriated or otherwise transferred to the fund by the Le…
(Financing of Low-Income Housing)
The Legislative Assembly finds and declares that the primary purpose of financing by the Housing and Community Services Department is to provide affordable housing for persons and families of lower income. Note: 456.612 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 456 or any series therein by legislativ…
In carrying out housing programs, the Housing and Community Services Department shall: With the approval of the Oregon Housing Stability Council, adopt standards for the planning, development and management of housing projects for which qualified housing sponsors receive all or a portion of any required financing under ORS 456.548 to 456.828, for audits and…
The Housing and Community Services Department shall establish a registry system for persons requesting to be notified when department-proposed funding awards are contemplated for multifamily housing projects. Any person may register with the department to receive the notification described in subsection (1) of this section. A person may request notification…
The Housing and Community Services Department may: Undertake and carry out studies and analyses of housing needs within the state and ways of meeting such needs and make the results of such studies and analyses available to the public, qualified housing sponsors and the private housing sector. Prepare proposals on measures it considers necessary to address…
Notwithstanding the provisions of ORS 456.625 (7) and except for loans made solely to provide assistance with down payments or closing costs, the Housing and Community Services Department may not make any single-family residential loan directly to any individual unless the Legislative Assembly or Emergency Board finds that private lending institutions are un…
The Housing and Community Services Department may provide qualified housing sponsors and lending institutions with advisory, consultative training and educational services as necessary to assist those sponsors. For purposes of this section, advisory and other services include, but are not limited to: Technical and professional planning assistance; Technica…
In order to provide additional permanent financing for housing for persons and families of lower income and for manufactured dwelling park tenant purchases of lots described in ORS 92.840, the Housing and Community Services Department may make commitments to purchase and purchase, insure, service and sell residential loans held by lending institutions for pe…
The Housing and Community Services Department shall prescribe a form for the application by a lending institution for the purchase of newly originated or other existing residential loans by the department under ORS 456.635. Prior to the submission by it of an application for the purchase by the department of existing residential loans under ORS 456.635, a l…
The State Treasurer, at the request of the Housing and Community Services Department, from time to time, may issue and sell bonds in the name of and on behalf of the State of Oregon in compliance with the applicable provisions of ORS chapter 286A in the principal amount the department considers necessary to carry out the purposes of ORS 456.548 to 456.828, o…
Bonds may be secured additionally by a pledge of amounts in the capital reserve account if provided in the housing finance bond declaration authorizing their issuance. The State Treasurer shall not issue bonds secured by a pledge of amounts in the capital reserve account unless the amount then on deposit in the capital reserve account, together with the amou…
The aggregate principal amount of bonds issued under ORS 456.645 that may be outstanding is $2.5 billion, excluding bonds issued under and within the limits provided in ORS 456.515 to 456.828 and any bonds that have been refunded. The amount of $30 million of the total $2.5 billion of bonds authorized under this section or proceeds from the sale of the bonds…
Neither the State Treasurer, the Director of the Housing and Community Services Department, the Oregon Housing Stability Council nor any officer or employee of the Housing and Community Services Department shall be liable personally on any bonds issued under ORS 456.515 to 456.828 by reason of the issuance thereof. All obligations issued by the State Treasu…
Bonds issued by the State Treasurer shall mature at the time or times not exceeding 47 years from the date of issue as shall be stated in the housing finance bond declaration. Notwithstanding the provisions of any other law, the rates of interest payable and discount, if any, with respect to bonds issued under ORS 456.548 to 456.828 shall be determined by th…
The bonds issued by the State Treasurer under ORS 456.515 to 456.828 and the agreements with the bondholders may: Pledge all or any part of the fees and charges made or received by the Housing and Community Services Department under ORS 456.548 to 456.828 and all or any part of the moneys received in payment of residential loans and interest thereon and oth…
Except as otherwise provided in the operative documents, the Housing and Community Services Department may acquire outstanding bonds issued on behalf of the department, as provided in ORS 286A.123 (1), out of moneys described in ORS 286A.123 (3) or other moneys of the department legally available for the purpose under ORS 456.515 to 456.828. If the outstandi…
If the Housing and Community Services Department defaults in the payment of the principal or interest due upon a bond, whether at maturity or upon call for redemption and such default continues for a period of 30 days thereafter or if the department fails or refuses to comply with any agreement with the bondholders or any other provision of ORS 456.548 to 45…
Upon a finding made by the Oregon Housing Stability Council that the supply of funds available through lending institutions for the financing of residential loans for the acquisition, construction, improvement or rehabilitation of housing units, manufactured dwellings, manufactured dwelling parks, manufactured dwelling park nonprofit cooperatives or housing …
As used in this section, “eligible housing project” means a housing development determined by the Housing and Community Services Department to be suitable for financing under this section. In addition to any other powers granted by law, including without limitation the powers granted under ORS 456.548 to 456.828, the Housing and Community Services Departmen…
All housing units or projects for which funds are advanced, loaned or otherwise provided by the Housing and Community Services Department under ORS 456.515 to 456.828 and ORS chapter 458 must be in compliance with any interim comprehensive land use plan or comprehensive land use plan and zoning, subdivision and other ordinances and regulations and laws of th…
Not more than 50 percent of the total amount of any financing provided by the Housing and Community Services Department for a particular housing development may be used to finance commercial, recreational, industrial, communal or educational facilities. Profits from incidental elements shall be applied to loans due under ORS 456.548 to 456.828. A limited di…
Any pledge, commitment or reservation of funds made by the Housing and Community Services Department under ORS 456.515 to 456.828 is valid and binding from the date on which the pledge was executed as provided in ORS 286A.102. The lien of the pledge is valid and binding as against all parties having any claims in tort, contract or otherwise against the depar…
For the servicing of any residential, manufactured dwelling, manufactured dwelling park or manufactured dwelling park nonprofit cooperative loan made or acquired by the Housing and Community Services Department under ORS 456.515 to 456.828 and ORS chapter 458 the department may: Provide for servicing of the loan by its own staff. Contract with the Director…
The Housing and Community Services Department may use moneys in the Housing and Community Services Department Fund to make noninterest-bearing advances to qualified nonprofit housing sponsors or interest-bearing advances to other qualified housing sponsors for use in payment by such sponsors of the development costs of proposed housing units or projects. The…
The Housing and Community Services Department may insure residential, manufactured dwelling, manufactured dwelling park and manufactured dwelling park nonprofit cooperative loans or obtain reinsurance on such loans. All such loans shall be used only to provide residential housing for persons and families of lower income and the insured must agree to any rest…
The Housing and Community Services Department may participate with a lending institution in providing interim construction financing for multifamily housing projects. Subject to the discretion of the department, such financing need not be insured or guaranteed. As used in this section, “multifamily housing” means, but is not limited to, projects which provi…
The Housing Finance Fund is established, separate and distinct from the General Fund. The Housing Finance Fund shall consist of the proceeds from the sale of bonds issued under ORS 456.645 and related refunding bonds, fees and other moneys received by the Housing and Community Services Department under ORS 456.548 to 456.828, moneys appropriated by the state…
The Housing and Community Services Department shall, when awarding public funds for low-income rental housing, give a substantial preference to low-income housing providers that do not require applicants for such housing to have net income greater than two times the rent. As used in this section, “public funds” includes all low-income rental housing grants,…
The Legislative Assembly finds that: There exists a shortage of safe, affordable and readily available housing in this state, particularly for people of low income, fixed income or modest means. It is in the best interests of the people of this state to insure that there is an adequate supply of housing for people of all income levels, particularly low-inc…
The Housing and Community Services Department shall prioritize, whenever possible in the department’s discretion, families with children under 12 months of age, in adopting rules or policies to implement or administer programs that serve to promote housing stabilization for people experiencing homelessness or who are at risk of becoming homeless. On or befo…
Unless the qualified housing sponsor has agreed not to discriminate against the initial dwelling unit purchaser or any tenant who is a parent or legal guardian with whom a child resides or is expected to reside, the housing sponsor shall not be entitled to any benefits for the construction, substantial rehabilitation or permanent financing of multiple unit r…
(Publicly Supported Housing Preservation)
As used in ORS 456.766 to 456.828: “Affordability restriction” means a limit on rents that a property owner may charge at a participating property or a limitation on the use of a participating property as set forth in a contract. “Affordability restriction” does not include the requirements under ORS 456.792. “Contract” means a written agreement entered i…
The Legislative Assembly finds and declares that: The maintenance of a pool of affordable housing for all citizens is a matter of statewide concern. The contracts for many participating properties in this state that are publicly supported housing are about to expire or otherwise terminate. State and local governments need an effective process for assessing…
ORS 456.766 to 456.828 do not apply to or restrict the acquisition of property by: A government that acquires the participating property by eminent domain or a negotiated purchase in lieu of eminent domain. A purchaser of the participating property in a foreclosure sale that terminates the affordability restrictions. A purchaser of the participating prope…
The owner of a participating property shall deliver notice in a format prescribed by the Housing and Community Services Department, including by electronic delivery or by registered or certified mail, to each local government within which the participating property is located and to the department no sooner than 36 months prior and at least 30 months prior t…
In addition to notices given under ORS 456.781 and 456.814, the owner of publicly supported housing as described in ORS 456.766 (6)(a)(B) in which the Housing and Community Services Department is a party to the contract must provide notice to the tenants under this section before the owner withdraws the participating property from publicly supported housing.…
Beginning on the termination date and lasting for a period of three years, the owner or landlord of formerly publicly supported housing: May not terminate the tenancy under ORS 90.427 (3)(b), (4)(b) or (5). May not provide a rent increase notice more than once in any calendar year. Shall comply with ORS 90.323 and with requirements adopted by the Housing …
Any person who suffers any ascertainable loss of money or property, real or personal, as a result of the failure of an owner of a participating property to provide notices or otherwise comply with the provisions of ORS 456.781, 456.788, 456.792 (1), 456.814 or 456.819 may bring an individual action in an appropriate court to recover actual damages. The court…
If a property owner or landlord does not timely provide notice required under ORS 456.781 (1) or (2) or 456.788 (3) or (4), the Housing and Community Services Department may record in the real property records of the county in which the property is located, without the consent of the owner, a notice of extension of affordability restrictions. All the terms o…
Except as expressly authorized in ORS 456.781, 456.788, 456.814 or 456.819 or as may be provided by contract with the property owner, a local government may not: Impose any fine, penalty, tax, fee, charge, assessment or other restriction or sanction against a property owner for withdrawing the participating property from publicly supported housing. Except …
After the owner of a participating property has delivered the notice under ORS 456.781 (1) or 30 months prior to the date when the contract term would expire as described in ORS 456.781 (1)(a), whichever is earlier, the Housing and Community Services Department may appoint a designee to act as purchaser of the participating property. The appointment becomes …
Before selling a participating property that is subject to a recorded notice of right of first refusal under ORS 456.814 (3) to a third party other than a qualified purchaser, a property owner shall send notice of the owner’s intent to accept a purchase offer by registered or certified mail, with return receipt requested, to each party acknowledging under OR…
The Housing and Community Services Department shall establish and maintain an affordable housing preservation program to coordinate affordable housing preservation efforts and incentivize the analysis and preservation of affordable housing, including publicly supported housing and manufactured dwelling parks. Under the program, the department shall: Collect…
The Housing and Community Services Department shall maintain on the department’s website information in the department’s possession with respect to publicly supported housing, including information on: The expiration dates of the affordability restrictions; The number of housing units; The type and source of rental assistance; Income eligibility levels; …
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