458.005 [1989 c.1051 §15; 1993 c.696 §17; 1995 c.377 §1; 2003 c.655 §76a; 2005 c.470 §§1,2; renumbered 307.651 in 2005]renumbered
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Oregon Revised Statutes
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For the purposes of ORS 456.550 and 458.210 to 458.240, a community development corporation is: An organization that: Is established under the provisions of ORS chapter 65; Has qualified for tax exempt status under section 501(c)(3) of the Internal Revenue Code; Has a purpose, stated in the articles of incorporation, to serve low and moderate income peop…
The Housing and Community Services Department may establish a program to build local capacity to address any or a combination of the following: Housing needs of people, with low or moderate incomes, for homeownership and affordable rental housing; The problem of abandoned houses; The need for adequate housing for seasonal farm laborers; Housing problems …
In carrying out the provisions of ORS 458.215, the Housing and Community Services Department shall provide any or a combination of the following: Initial planning grants to qualified nonprofit community-based organizations, including but not limited to housing authorities and community action agencies, to initiate community development corporations. To qual…
In carrying out the provisions of ORS 456.550 and 458.210 to 458.240, the Housing and Community Services Department shall give preference to a community development corporation described in ORS 458.210 (2) or that: Has a defined geographic service area outside an entitlement community or county; Has a defined geographic service area inside an entitlement c…
The Housing and Community Services Department shall adopt rules to carry out the provisions of ORS 456.550 and 458.210 to 458.240, including rules to define “persons of low and moderate income.”
Nothing in ORS 456.550 and 458.210 to 458.240 shall limit the authority or powers of community development corporations authorized pursuant to ORS 708A.150. HOUSING REVITALIZATION PROGRAM
The Legislative Assembly finds that: A critical shortage exists of suitable, affordable housing for households with an income below the median income. This shortage is particularly acute with respect to rental housing. During the past half decade, the supply of rental housing that is affordable to households at or below the median income level has not kept…
The Housing and Community Services Department shall adopt rules to develop and administer a housing revitalization program for low and moderate income housing. Applicants for revitalization program funds shall be: A unit of local government; A housing authority; A nonprofit corporation; or An applicant eligible under paragraph (a), (b) or (c) of this su…
The Housing and Community Services Department shall award loans to be used for the predevelopment costs of developing new housing. Eligible predevelopment costs that may be funded by loans under this section include: Professional services, including architectural, engineering, land use planning or legal services; Studies, including site feasibility, marke…
As used in this section: “Disaster” means a declared disaster or emergency, as defined in ORS 401.685, that resulted in the loss or damage of residential units. “Residential units” includes recreational vehicles, manufactured dwellings, prefabricated structures, small homes and dwelling units of any type. Notwithstanding ORS 456.559, the Housing and Commu…
The Disaster Housing Recovery Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Disaster Housing Recovery Fund shall be credited to the fund. The fund consists of moneys appropriated, allocated, deposited or transferred to the fund by the Legislative Assembly or otherwise. Moneys in the fund are …
As used in this section, “specified agency” means the Oregon Department of Emergency Management, the Housing and Community Services Department or the Department of Human Services. If a specified agency causes temporary housing to be provided to displaced individuals in response to an emergency, the specified agency shall ensure that such temporary housing i…
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As used in this section: “Average income” means an income that complies with income restrictions determined at the advice and consent of the Oregon Housing Stability Council, but not to exceed the greater of 100 percent of the statewide or local area median income adjusted for household size as determined annually by the Housing and Community Services Depar…
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As used in ORS 458.356 to 458.362: “Manufactured dwelling” means: A manufactured dwelling, as defined in ORS 446.003; or A prefabricated structure, as defined in ORS 455.010, that is relocatable, more than eight and one-half feet wide and designed for use as a single-family dwelling. “Manufactured dwelling park” has the meaning given that term in ORS 446…
The Housing and Community Services Department shall establish a program to provide grants to persons for safely decommissioning and disposing of a manufactured dwelling. The department may award grants under the program only to a person that is: An individual who owns a manufactured dwelling sited: In a manufactured dwelling park that has registered with …
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The Director of the Housing and Community Services Department shall appoint an advisory committee on manufactured housing. The director has the discretion to determine the membership of the committee and the terms of committee members, but shall consider for membership representatives from the following groups: State agencies such as the Housing and Communi…
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The Manufactured Home Preservation Fund is established within the State Treasury, separate and distinct from the General Fund. Interest earned by the Manufactured Home Preservation Fund shall be credited to the fund. Moneys in the Manufactured Home Preservation Fund consist of: Amounts donated to the fund; Amounts appropriated or otherwise transferred to …
The Housing and Community Services Department shall provide funds to assist very low income elderly persons to defray the cost of rental housing through programs administered by the department including, but not limited to, the Emergency Housing Account created in ORS 458.620 and disbursed pursuant to ORS 458.650. The department shall adopt rules to carry o…
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The Housing and Community Services Department shall implement a long-term rental assistance program that is available to individuals who are younger than 25 years of age and who are, or have recently been: Homeless; In a substitute care program, as defined in ORS 326.575; Residing in a child care center, as defined in ORS 419A.004; Confined in a correcti…
There is established the Long-Term Rent Assistance Fund, separate and distinct from the General Fund. The Long-Term Rent Assistance Fund shall consist of moneys credited to the fund from moneys appropriated or transferred to the fund by the Legislative Assembly or received from the federal government or other grants, gifts or donations from any source. Mon…
The Housing and Community Services Department shall make available on the department’s website: A list of dates and counties in which there exists an extreme heat event for a forecast zone in this state as defined in ORS 90.355. Dates published on the website must remain on the website for at least one year. Information regarding relevant programs and serv…
In distributing rental assistance to residential tenants funded by federal, state or local moneys, a public body, as defined in ORS 174.109, and any designee or grantee of a public body shall: Promptly provide a dated application receipt to each tenant who applies for assistance. The receipt may be in an electronic format. Close an application, after provi…
The Legislative Assembly finds that: Safe, affordable and readily available housing options for low-income individuals and families do not match the increasing need for such housing in this state. Much state-owned property is unused and could be made available to increase housing options for low-income individuals and families. Unused property kept for lo…
The purposes of ORS 458.405 to 458.460 are to provide low-income housing options including but not limited to: Transitional and emergency housing for low-income individuals and families as long as this type of housing is accompanied by adequate supporting social services; and Permanent low-income housing units.
In carrying out ORS 458.405 to 458.460, the state shall act by and through its duly constituted board, commission or agency. The board, commission or agency may provide rules necessary to carry out ORS 458.405 to 458.460.
Whenever the state or any state agency possesses or controls real property that might be used to further the public use of providing housing options for low-income individuals and families that is unused for any other public purpose and in which no long-term policy exists to use it for another public purpose, then the state or its agency may sell, convey or …
Real property needed for a public use other than low-income housing shall not be sold, exchanged, leased or conveyed under the authority of ORS 458.405 to 458.460.
The authority to lease property granted by ORS 458.420 includes authority to lease property not owned or controlled by the state at the time of entering the lease. Such lease shall be conditioned upon the subsequent acquisition of the interest covered by the lease. Any lease of state real property to be used for the purposes of ORS 458.405 to 458.460 exceed…
Every lease entered into pursuant to ORS 458.405 to 458.460 shall be authorized by order of the state agency executing the lease and shall provide such terms and conditions as may be fixed by the government body executing the lease.
The state is hereby granted express power to relinquish the title to any of its property not needed for another public purpose to the United States Government or any other governmental body, political subdivision, housing authority or nonprofit organization involved with providing low-income housing, in order to promote the public purpose of increasing housi…
Before the transfer of any state-owned real property under the provisions of ORS 458.405 to 458.460 to a housing authority or a nonprofit organization involved with providing low-income housing to individuals and families in this state, the state or its agency, board or commission shall obtain approval of the governing body in which such property is located.
In the event that more than one housing authority or appropriate nonprofit organization is interested in a building available for transfer under ORS 458.405 to 458.460, the state or its agency shall conduct a bidding process that takes into account: The entity most capable of delivering services and housing options to conform with the purpose of ORS 458.405…
As used in ORS 197A.447 and 458.461 to 458.478: “Affordable housing” means dwellings or dwelling units offered for purchase or rent, with or without government assistance, to individuals who are members of low or moderate income households at a sales price or rent that is affordable to those households. “Cottage clusters” has the meaning given that term in…
The Oregon Department of Administrative Services shall identify lands owned by the state within urban growth boundaries and designate the lands as home start lands if, in the department’s discretion, the lands have not been used or committed for any permanent state purpose and are, or could be made to be, better suited for the development of housing. In con…
The Oregon Department of Administrative Services may designate real property as home start lands if the department finds that the property complies with the requirements under subsection (2) of this section and that the local government and property owners have identified a plan or funding source for the property that is substantially likely to increase the …
The designation of real property as home start lands is terminated for real property if a development application for the property has not been approved by the local government under ORS 197A.447 within three years following the property’s designation as home start lands and: For property designated under ORS 458.462, the Oregon Department of Administrative…
The state, through the Oregon Department of Administrative Services, may sell, transfer, or lease for an initial period not to exceed 99 years all real property designated as home start lands under ORS 458.462 to housing developers for the purpose of facilitating the development of affordable housing on home start lands. Except where the department is exchan…
For real property sold, transferred or leased under ORS 458.467, the housing developer shall: Work to diligently prepare affordable housing by taking necessary steps and engaging contractors to: Partition, subdivide or replat the lands for the development of housing under this section; and Prepare the land for housing, through grading, surveying, planning…
The proceeds, less costs, of real property sold by the Oregon Department of Administrative Services under ORS 458.467 shall be credited to and deposited in the Home Start Lands Fund established under ORS 458.478. The revenue from the rental or lease of home start lands managed by the department shall be credited to and deposited in the Home Start Lands Fund…
As used in this section, “primary residence” means housing occupied as an individual’s principal dwelling for a cumulative total of at least nine months of the calendar year and that the individual intends to maintain as the individual’s principal dwelling. When a property developed on home start lands becomes available to sell under ORS 458.469, each deed …
The Oregon Department of Administrative Services shall collaborate with the Department of State Lands on the implementation of ORS 197A.447 and 458.461 to 458.478. Upon request by the Oregon Department of Administrative Services, the Housing Accountability and Production Office shall collaborate with the department on establishing program guidance for the i…
The Home Start Lands Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Home Start Lands Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon Department of Administrative Services for the purpose of implementing ORS 197A.447 and 458.461 to 458.478, inclu…
As used in ORS 458.480 to 458.490: “Affordable housing” means residential housing that may be purchased or rented, with or without government assistance, by persons who meet the applicable income limits of local, state or federally funded programs or developments. “Area median income” means the median income for the county in which the subject housing is l…
The Housing and Community Services Department shall, after consultation with the Oregon Housing Stability Council, develop and implement the Local Innovation and Fast Track Housing Program for the purpose of expanding the state’s supply of affordable housing for low income households. The department may use funds available pursuant to Article XI-Q of the Or…
The Local Innovation and Fast Track Housing Program Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned on moneys in the Local Innovation and Fast Track Housing Program Fund shall be credited to the fund. The fund consists of moneys deposited into the fund pursuant to section 1 (6), chapter 685, Oregon Law…
The community action agency network, established initially under the federal Economic Opportunity Act of 1964, is the delivery system for federal antipoverty programs in Oregon, including: The Community Services Block Grant; Low Income Home Energy Assistance Program; and The United States Department of Energy Weatherization Assistance Program. Funds for …
There is established an Energy Crisis Trust Fund, separate and distinct from the General Fund, in the State Treasury. As permitted by federal court decisions, federal statutory requirements and administrative decisions, funds from the Petroleum Violation Escrow Fund made available to the Housing and Community Services Department for the Energy Crisis Trust F…
The Oregon Housing Stability Council, in conjunction with the Community Action Partnership of Oregon, shall advise and assist the Housing and Community Services Department with rules, policies and programs regarding low income home energy assistance provided for under ORS 458.510. HUNGER AND HOMELESSNESS
The Oregon Housing Stability Council shall be responsible for receiving the recommendations of any state body relating to the issue of homelessness, and for forwarding the recommendations and proposals to state agencies or other public or private organizations for action that the council deems appropriate: To ensure the coordination of state agency homeless…
As used in this section, “homelessness” means the lack of a decent, safe, stable and permanent place to live that is fit for human habitation. The Legislative Assembly finds and declares that: Homelessness is a detriment to individuals, families and communities. The effects of homelessness impact quality of life, productivity and self-sufficiency, career a…
The Department of Human Services shall serve as the lead public body in administering the state policy on hunger. The Legislative Assembly finds and declares that it is the policy of this state that: Hunger is defined as the state of being unable to obtain a nutritionally adequate diet from nonemergency food channels. Hunger is not one discrete event. Hung…
The Hunger Task Force is established in the Department of Human Services. The task force shall consist of not more than 28 members appointed as follows: The President of the Senate shall appoint one member from among members of the Senate. The Senate Minority Leader shall appoint one member from among members of the Senate. The Speaker of the House of Rep…
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ORS 458.530 to 458.545 may be cited as the “Oregon Hunger Relief Act.”
The Hunger Task Force shall: Serve within government and in the state at large as an advocate for hungry persons. Participate in coordinating the effective and efficient provision of services to hungry citizens so that the services will be readily available to the greatest number over the widest geographic area; assure that information on these services is…
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It is declared to be the policy and intent of the Legislative Assembly that the State of Oregon: Shall assist in improving the quality of life of homeless persons within this state by insuring the availability of an appropriate range of residential opportunities. Shall seek to reduce the number of homeless people in this state.
The Legislative Assembly finds that: The number of people who are homeless is on the rise in this state, as across the nation. Homeless people can be found in every county and city in this state. Family members, including children, represent the majority of the increase in the homeless population. Facilitating housing for families with children reduces t…
For purposes of ORS 458.600 to 458.665: “Area median income” means the area median income, subject to adjustment for areas with unusually high or low incomes or housing costs, all as determined by the Housing and Community Services Department based on information from the United States Department of Housing and Urban Development. “Council” means the Oregon…
There is created, separate and distinct from the General Fund of the State Treasury, the Oregon Housing Fund, which consists of five separate revolving accounts: The Housing Development and Guarantee Account; The Emergency Housing Account; The Home Ownership Assistance Account; The Agricultural Worker Housing Development Account; and The General Housing…
There is established the Housing Development Grant Program in the Housing and Community Services Department for the purpose of expanding the supply of affordable rental housing for persons with low or very low income. The program shall pay the costs incurred in the administration of the program and award grants: To assist organizations and for-profit busin…
The Housing and Community Services Department may use the Housing Development and Guarantee Account to establish a Guarantee Fund. The department may use the fund to pay the costs and expenses incurred in the administration of the fund and to guarantee repayment of loans made to finance the construction, development, acquisition or rehabilitation of: Housin…
The Housing and Community Services Department shall administer the Emergency Housing Account to assist homeless individuals and individuals who are at risk of becoming homeless, through means including the emergency housing assistance program and the state homeless assistance program. Notwithstanding subsection (3)(a) of this section, the state homeless assi…
The Home Ownership Assistance Account is administered by the Housing and Community Services Department to expand this state’s supply of homeownership housing for families and individuals with income at or below area median income, including persons over 65 years of age, persons of color, indigenous persons, members of federally recognized Indian tribes, pers…
The Housing and Community Services Department, in consultation with the Oregon Housing Stability Council, shall provide grants and technical assistance to organizations that, in working with households with income at or below area median income, attempt to increase access for persons of color to programs and services that assist with homeownership, including…
Except as provided in subsection (2) of this section, the Housing and Community Services Department shall disburse the moneys credited to the Agricultural Worker Housing Development Account to expand this state’s supply of housing for low and very low income agricultural workers. The department may expend funds from the account for administration of the acc…
The Housing and Community Services Department shall administer the General Housing Account. The department shall disburse moneys credited to the account to accomplish the purposes described in ORS 456.515 to 456.828, except that 25 percent of moneys deposited in the account pursuant to ORS 294.187 is dedicated for expenditure to meet the critical housing ne…
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As used in this section and ORS 458.675 to 458.700, unless the context requires otherwise: “Account holder” means a resident of this state who: Is 12 years of age or older; Is a member of a lower income household; and Has established an individual development account with a fiduciary organization. “Fiduciary organization” means an organization selected …
The Legislative Assembly finds that: The problem of poverty will not be solved solely by government programs and income subsidies. Family economic well-being does not come solely from income, spending or consumption, but instead requires savings, investment and the accumulation of assets. It is appropriate for the state to institute an asset-based antipov…
A person who qualifies to become an account holder may enter into an agreement with a fiduciary organization for the establishment of an individual development account. To become an account holder a person must, in addition to meeting any other qualifications, be a member of a lower income household that has a net worth of less than $20,000. Every account …
A person may establish an individual development account only for a purpose approved by a fiduciary organization. Purposes that the fiduciary organization may approve are: The acquisition of post-secondary education or job training. If the account holder has established the account for the benefit of a household member who is under the age of 18 years, the…
A fiduciary organization selected under ORS 458.695 may qualify as the recipient of account contributions that qualify the contributor for a tax credit under ORS 315.271 only if the fiduciary organization matches amounts deposited by the account holder according to a formula established by the fiduciary organization of not less than $1 nor more than $5 for e…
The Housing and Community Services Department may select fiduciary organizations to administer moneys directed by the state to individual development account purposes. In making the selections, the department shall consider factors including, but not limited to: The ability of the fiduciary organization to implement and administer the individual development…
Subject to Housing and Community Services Department rules, a fiduciary organization has sole authority over, and responsibility for, the administration of individual development accounts. The responsibility of the fiduciary organization extends to all aspects of the account program, including marketing to participants, soliciting additional matching contrib…
The Legislative Assembly finds that: The population of the state is growing and is expected to continue growing well into the 21st century. That population growth is uneven, resulting in some places struggling to manage new people, jobs and building, and other places being eager to attract a share of growth and economic development. A community’s pattern of…
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The Oregon Housing Stability Council shall, with respect to the Community Development Incentive Project Fund established under ORS 458.720: Develop program guidelines, including specific project criteria and financing mechanisms. Review applications seeking funding from the fund and make recommendations for funding approval. Review proposals for cooperati…
Pursuant to ORS 286A.560 to 286A.585, lottery bonds may be issued to make grants or loans to Oregon municipalities, businesses and individuals to encourage real estate developments that promote downtown and community center areas, provide affordable housing and other infill developments, and fund projects that promote business opportunities in Oregon’s distr…
All moneys deposited in the Community Development Incentive Project Fund are continuously appropriated to the Housing and Community Services Department to carry out the purposes of the fund. In addition to any other purpose specifically provided by law, moneys deposited in the fund shall be expended for community development purposes, including but not limit…
The Housing and Community Services Department may use the moneys in the Community Development Incentive Project Fund in any manner permitted under ORS 458.735. However, the primary purpose of the fund is to finance developments identified by the Oregon Housing Stability Council if other state or private financing sources are inadequate or unavailable. The de…
The Housing and Community Services Department shall: Administer the Community Development Incentive Project Fund in accordance with rules adopted by the department. Verify documentation and approve or disapprove funding recommended by the Oregon Housing Stability Council under ORS 458.715. Seek to leverage local, federal and private financial resources fo…
In addition to any other power or authority granted to the Housing and Community Services Department, the department may: Acquire property and hold, conserve, improve, lease, sell or otherwise use or exercise control over the property for the purpose of facilitating the use of the property as part of a community development project. Enter into cooperative …