Oregon Law
Law as of Jan 1, 2024
Chapter contents
456.005Definitions for ORS chapters 456 and 458 456.055Definitions for ORS 456.055 to 456.235 456.060Definition of “area of operation”; intergovernmental agreements 456.065Definition of “housing project.” 456.070Declaration of necessity for establishment of housing authorities 456.075Housing authorities created; declaration of need required before housing authority may function 456.080Determination of need for housing authority 456.085Adopting resolution declaring need for authority 456.090Sufficiency of resolution; copy as evidence 456.095Appointment and qualification of commissioners of housing authorities 456.100Terms and compensation of commissioners 456.105Organization; officers; quorum; employees; legal services 456.110Removal of commissioner 456.115Commissioners and employees may not have interest in project other than as tenant; disclosure of interest; duty to act as prudent person 456.118Prohibition against using term; enjoining violations 456.120Powers of housing authority as public corporation 456.122Inapplicability of laws relating to other public bodies 456.125Research, planning, construction and operation of housing projects 456.128Housing authority intellectual property 456.130Investigations, hearings and recommendations of authority 456.135Delegation of powers or duties 456.140Joinder or cooperation of authorities 456.145Eminent domain 456.150Housing projects subject to local laws; consideration of other programs 456.153Involvement in mixed income housing project 456.155Policy regarding profit from projects; reserves 456.160Limitations as to rentals 456.165Vested rights of creditors not affected by restrictions of ORS 456.155 and 456.160 456.170[Amended by 1973 c.672 §12; repealed by 2007 c.606 §13] 456.171Independent audit of authority 456.175Issuance of bonds; means for payment 456.180Liability on bonds; debt limitation 456.185Issuance of bonds 456.190Presumption of validity of bond 456.195[Repealed by 1989 c.874 §9] 456.197[1969 c.694 §15; 1973 c.672 §15; repealed by 1989 c.874 §9] 456.200Powers of authority in securing payment of bonds or lease obligations 456.202Short-term bond anticipation notes 456.205Enforcing rights of obligee of an authority 456.210Power of authority to confer additional rights upon obligee 456.215Financial aid and cooperation of federal government 456.220Exemption of property from process or judgment lien 456.225[Amended by 1991 c.851 §1; 1995 c.445 §13; 1997 c.406 §2; renumbered 307.092 in 2003] 456.230Bonds and income therefrom exempt from personal income taxes 456.233Transfer of housing authority from governing body to separate board 456.235Dissolution of housing authorities 456.250Definitions for ORS 456.250 to 456.267 456.255Legislative findings 456.258Applicability; interpretation; rules 456.259Termination date notice to tenants; extension for failure to give timely notice 456.260Termination date notice to government; extension for failure to give timely notices; waiver 456.261Department notice of extension of affordability restrictions; recording; termination 456.262Offers by qualified purchasers; right of first refusal; recording 456.263Right of first refusal; matching offer 456.264Remedy for failure to give notice 456.265Sanctions against withdrawing property owner prohibited 456.267Duties of landlord and owner to tenants after termination date; penalty 456.270Definitions for ORS 456.270 to 456.295 456.275Legislative findings 456.280Covenant creation, effect, conveyance, duration and termination 456.285Permissible provisions 456.290Validity of covenant 456.295Action affecting covenant 456.305Definitions for ORS 456.305 to 456.325 456.310Purpose; additional powers 456.315Powers of state public bodies in aiding or cooperating on housing projects 456.320Donations and loans to housing authority 456.325Resolution to exercise powers 456.355Definitions for ORS 456.355 to 456.370 456.360Purpose; additional powers 456.365Powers of city or county in aiding or cooperating on housing projects 456.370Exercise of powers; authorization by ordinance 456.375Definitions for ORS 456.375 to 456.390 456.378Housing Choice Landlord Guarantee Program; application; deadlines; rules 456.380[2013 c.740 §4; repealed by 2017 c.271 §1] 456.385Housing Choice Landlord Guarantee Program Fund 456.390Annual report regarding participation of housing authorities in Housing Choice Voucher Program; annual review; Statewide Housing Choice Advisory Committee 456.395Department and council assistance to housing authorities 456.400Definitions for ORS 456.400 to 456.433 456.403Housing and Community Services Department support for manufactured dwelling parks and marinas 456.405[Repealed by 1999 c.603 §38] 456.407Policy encouraging settlement of disputes 456.410[Repealed by 1999 c.603 §38] 456.414Manufactured and Marina Communities Account 456.415[Repealed by 1999 c.603 §38] 456.418Special assessment; lien; collection 456.420[Repealed by 1999 c.603 §38] 456.422Information concerning available manufactured dwelling park rental spaces 456.425[Amended by 1995 c.445 §16; repealed by 1999 c.603 §38] 456.426Functions of manufactured dwelling site information clearinghouse 456.429Scope of information collected 456.430[Repealed by 1999 c.603 §38] 456.433Funding of clearinghouse 456.435[Repealed by 1999 c.603 §38] 456.440[Repealed by 1999 c.603 §38] 456.445[Repealed by 1999 c.603 §38] 456.450[Repealed by 1999 c.603 §38] 456.455[Amended by 1967 c.451 §22; repealed by 1999 c.603 §38] 456.470[1975 c.433 §1; repealed by 1975 c.433 §11] 456.472[1975 c.433 §2; repealed by 1975 c.433 §11] 456.475[1975 c.433 §3; repealed by 1975 c.433 §11] 456.477[1975 c.433 §4; repealed by 1975 c.433 §11] 456.480[1975 c.433 §5; repealed by 1975 c.433 §11] 456.482[1975 c.433 §6; repealed by 1975 c.433 §11] 456.485[1975 c.433 §7; repealed by 1975 c.433 §11] 456.487[1975 c.433 §8; repealed by 1975 c.433 §11] 456.490[1975 c.433 §9; repealed by 1975 c.433 §11] 456.492[1975 c.433 §10; repealed by 1975 c.433 §11] 456.495[1975 c.433 §11; repealed by 1975 c.433 §11] 456.500Legislative findings; required notice of loan maturity; mailing; consequences of failure to provide notice 456.502Affordable Housing Land Acquisition Revolving Loan Program; rules 456.505[Repealed by 2023 c.193 §27] 456.506Findings 456.508Definitions for ORS 456.510 and 456.513 456.510Visitability requirements 456.513Exemption from visitability requirements 456.514Rules 456.515Definitions for ORS 456.515 to 456.725 and ORS chapter 458 456.519General obligation bonds authorized 456.524[1977 c.485 §3; 1979 c.327 §18; repealed by 1981 c.660 §18] 456.527[1977 c.485 §4; 1979 c.327 §19; repealed by 1981 c.660 §18] 456.530Willingness to make residential loans factor in selecting depositaries 456.531[1977 c.485 §5; repealed by 1981 c.660 §18] 456.535Elderly and Disabled Housing Fund 456.539Administration of Elderly and Disabled Housing Fund; rules 456.540Requirements for elderly housing project upon retirement of bond obligations 456.541Project applications for housing serving persons with disabilities 456.543Elderly and Disabled Housing Sinking Fund 456.545Report to Legislative Assembly on accessibility of housing funded by department 456.547Assistance, grants and gifts to department for housing purposes 456.548Definitions for ORS 456.548 to 456.725 456.550Policy 456.553[1989 c.307 §1 (enacted in lieu of 456.554); repealed by 1991 c.739 §1 (456.555 enacted in lieu of 456.553)] 456.554[Formerly 456.560; 1987 c.414 §15; repealed by 1989 c.307 §2 (456.553 enacted in lieu of 456.554)] 456.555Housing and Community Services Department established; appointment of director; rules; fees 456.559Powers and duties of department 456.560[1971 c.505 §2; renumbered 456.554] 456.561Loans, grants and funding awards; review 456.562Department intellectual property; fees 456.563[Formerly 456.580; repealed by 1989 c.307 §8] 456.565Powers of director 456.567Oregon Housing Stability Council; appointment; term; officers; compensation; staff; budget duties 456.569Authority of Housing and Community Services Department to require fingerprints 456.570[1971 c.505 §§4,5; 1973 c.828 §2; 1973 c.832 §4; 1979 c.327 §28; renumbered 456.559] 456.571Powers and duties of council 456.572State housing plan; contents; annual update 456.574Housing and Community Services Department Fund 456.576[2007 c.746 §5; repealed by 2023 c.193 §24] 456.578Use of funds; petty cash fund 456.579Manufactured Dwelling Parks Account; restrictions; other moneys 456.580[1971 c.505 §3; 1979 c.327 §1; renumbered 456.563] 456.581Uses of Manufactured Dwelling Parks Account; rules 456.582Prohibited acts; civil penalty 456.585Agriculture workforce housing information 456.586[2018 c.47 §1; 2019 c.639 §8; 2019 c.640 §13; 2023 c.13 §35; renumbered 456.603 in 2023] 456.587Electricity Public Purpose Charge Fund; Low-Income Electric Bill Payment Assistance Fund 456.589Legislative findings 456.590[1971 c.505 §6; 1979 c.327 §2; renumbered 456.567] 456.593Use of bonds for single-family home loans in Portland; amount; income and area limits; fees and charges 456.594Definitions 456.595Petroleum supplier assessment; computation; effect of failure to pay; interest 456.597Oil-Heated Dwellings Energy Account 456.599Rules 456.600[1971 c.505 §7; 1977 c.98 §1; 1979 c.327 §17; renumbered 456.571] 456.601Statewide housing production dashboard; rules 456.602Statewide housing equity indicators 456.603Public meeting for severely rent-burdened cities; rules 456.605Mortgage credit certificate program 456.607Definitions 456.608Rent Guarantee Program; rules 456.609Rent Guarantee Program Fund 456.610[1971 c.505 §10; 1973 c.828 §28; 1979 c.327 §3; renumbered 456.574] 456.612Declaration of financing purpose 456.615[1973 c.828 §4; 1975 c.154 §1; 1979 c.60 §1; 1979 c.327 §4; 1981 c.504 §6; 1981 c.691 §1; 1987 c.414 §18; 1991 c.738 §1; 1991 c.739 §9; 1995 c.79 §250; 1997 c.302 §1; 2001 c.738 §2; 2003 c.743 §2; 2007 c.607 §17; 2007 c.783 §232e; renumbered 456.548 in 2007] 456.620Duties of department in carrying out housing programs 456.623Project funding notification registry 456.625Department powers; recording terms of use for housing projects; procurement; fees; rules 456.627Limitations on department to make single-family residential loans 456.630Services to qualified sponsors and institutions 456.635Commitments on residential loans 456.640Purchase of residential loans 456.645Revenue bonds 456.650[1973 c.828 §12; 1981 c.660 §40; 1983 c.519 §4; 1995 c.79 §257; repealed by 2007 c.783 §234] 456.655When bonds not to be issued; debt service reserve; bond declaration 456.660[1973 c.828 §14; repealed by 1979 c.327 §10 (456.661 enacted in lieu of 456.660)] 456.661Limitation on revenue bond amount; legislative findings; designation of areas for issuance of qualified mortgage bonds 456.665Status of revenue bonds; negotiability; interest tax-exempt 456.670Bond maturity; execution 456.675Bond provisions and limits; security for payment 456.680Purchase of bonds by department 456.685Bondholders’ remedies 456.690Loan authority of department; rules 456.692Loans financed through bonds secured by specific properties 456.695Housing required to comply with land use plans, zoning and other ordinances 456.697Restrictions on use of financing provided by department; regulation of housing sponsor; security interests 456.700Pledge and lien 456.705Servicing loans 456.710Department advances to qualified housing sponsors 456.715Insurance of loans 456.717Interim construction financing for multifamily housing 456.720Housing Finance Fund; Housing Development Account 456.722Preferences in funding grants to low-income housing providers; rules 456.723Legislative finding on bonding authority of department 456.725Discrimination against purchaser with children prohibited; exceptions; rules 456.727[1987 c.414 §11; repealed by 1993 c.744 §4] 456.730[1975 c.676 §1; renumbered 455.510 in 1987] 456.732[1987 c.414 §12; repealed by 1993 c.744 §4] 456.735[1975 c.676 §2; 1983 c.764 §1; renumbered 455.520 in 1987] 456.737[1987 c.414 §13; repealed by 1993 c.744 §4] 456.740[1975 c.676 §4; 1981 c.495 §1; renumbered 455.525 in 1987] 456.741[1987 c.414 §13a; repealed by 1993 c.744 §4] 456.742[Formerly 456.745; renumbered 455.530 in 1987] 456.744[1977 c.354 §3; renumbered 455.565 in 1987] 456.745[1975 c.676 §5; renumbered 456.742 and then 455.530] 456.746[1977 c.354 §2; renumbered 455.560 in 1987] 456.747[1977 c.354 §4; renumbered 455.570 in 1987] 456.748[1977 c.354 §5; renumbered 455.575 in 1987] 456.749[1977 c.354 §6; renumbered 455.580 in 1987] 456.750[1973 c.834 §1; renumbered 455.010 in 1987] 456.752[1987 c.414 §13b; 1993 c.744 §250a; renumbered 701.285 in 1993] 456.753[1977 c.816 §2; renumbered 456.915 and then 455.310] 456.755[1973 c.834 §2; 1979 c.838 §4; 1983 c.740 §179; renumbered 455.020 in 1987] 456.756[1975 c.571 §2; renumbered 455.410 in 1987] 456.757[Formerly 670.330; repealed by 1993 c.744 §252] 456.758[1975 c.646 §2; renumbered 456.917 and then 455.315] 456.760[1973 c.834 §3; 1975 c.607 §35; 1977 c.283 §3; 1979 c.875 §1; 1981 c.421 §3; 1987 c.58 §14; renumbered 455.210 (1) to (5) in 1987] 456.762[Formerly 670.340; repealed by 1993 c.744 §252] 456.763[1977 c.546 §§2,3; renumbered 455.420 in 1987] 456.765[1973 c.834 §4; repealed by 1977 c.283 §6] 456.770[1973 c.834 §5; renumbered 455.110 in 1987] 456.772[1977 c.422 §§2,3; renumbered 455.425 in 1987] 456.775[1973 c.834 §6; 1977 c.283 §5; 1979 c.838 §5; renumbered 455.040 in 1987] 456.780[1973 c.834 §7; renumbered 455.130 in 1987] 456.785[1973 c.834 §9; 1977 c.494 §1; renumbered 455.030 in 1987] 456.787[1979 c.838 §2; renumbered 455.635 in 1987] 456.790[1973 c.834 §10; renumbered 455.100 in 1987] 456.795[1973 c.834 §11; repealed by 1987 c.414 §172] 456.800[1973 c.834 §12; 1987 c.414 §30d; 1987 c.604 §10; renumbered 455.150 in 1987] 456.802[1977 c.396 §1; renumbered 455.080 in 1987] 456.803[1981 c.421 §2; renumbered 455.160 in 1987] 456.805[1973 c.834 §13; renumbered 455.715 in 1987] 456.810[1973 c.834 §14; 1981 c.343 §3; renumbered 455.720 in 1987] 456.815[1973 c.834 §15; renumbered 455.725 in 1987] 456.820[1973 c.834 §16; 1977 c.748 §2; renumbered 455.730 in 1987] 456.825[1973 c.834 §18; renumbered 455.735 in 1987] 456.830[1973 c.834 §17; repealed by 1977 c.283 §6] 456.835[1973 c.834 §19; renumbered 455.740 in 1987] 456.837[Formerly 446.337; renumbered 455.680 in 1987] 456.840[1973 c.834 §20; renumbered 455.685 in 1987] 456.842[1977 c.283 §2; renumbered 455.070 in 1987] 456.845[1973 c.834 §21; renumbered 455.060 in 1987] 456.850[1973 c.834 §22; renumbered 455.690 in 1987] 456.855[1973 c.834 §23; renumbered 455.700 in 1987] 456.860[1973 c.834 §25; 1977 c.283 §4; renumbered 455.220 in 1987] 456.865[1973 c.834 §26; repealed by 1977 c.283 §6] 456.870[1973 c.834 §27; repealed by 1977 c.283 §6] 456.875[1973 c.834 §28; renumbered 455.675 in 1987] 456.880[1973 c.834 §29; renumbered 455.430 in 1987] 456.885[1973 c.834 §24; 1975 c.418 §1; 1979 c.838 §6; subsection (1) renumbered 455.450 in 1987; subsection (2) renumbered 455.990 in 1987] 456.887[1975 c.466 §24; renumbered 455.050 in 1987] 456.890[1973 c.834 §38; 1975 c.721 §11; 1983 c.676 §30; renumbered 455.230 in 1987] 456.910[1974 s.s. c.24 §2; renumbered 455.240 in 1987] 456.915[Formerly 456.753; renumbered 455.310 in 1987] 456.917[Formerly 456.758; renumbered 455.315 in 1987] 456.920[1979 c.838 §3; renumbered 455.320 in 1987] 456.925[1979 c.860 §2; renumbered 455.325 in 1987] 456.930[1979 c.860 §3; renumbered 455.330 in 1987] 456.935[1979 c.860 §4; renumbered 455.335 in 1987] 456.940[1979 c.860 §5; renumbered 455.340 in 1987] 456.945[1979 c.838 §6; 1979 c.860 §6; renumbered 455.345 in 1987] 456.950[1979 c.838 §7; 1979 c.860 §7; renumbered 455.350 in 1987] 456.965[Formerly 460.210; renumbered 455.640 in 1997] 456.970[Formerly 460.220; renumbered 455.642 in 1997] 456.975[Formerly 460.230; renumbered 455.645 in 1997]

Chapter 456 — Housing

ORS 456.264 Remedy for failure to give notice

(1)

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 456.259, 456.260, 456.262, 456.263 or 456.267 (1) may bring an individual action in an appropriate court to recover actual damages. The court or the jury may award punitive damages, and the court may provide injunctive relief and any other equitable relief the court considers necessary and proper.

(2)

The court may award reasonable attorney fees and costs at trial and on appeal to a prevailing plaintiff in an action under this section.

Note: See notes under 456.250.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.