justicedao/ipfs_state_laws huggingface dataset:
813-060-0032 Manufactured Dwelling Park Projects (1) To qualify as a Manufactured Dwelling Park, the Project shall comply with the following standards and conditions: (a) Site, design and licensing standards of the local government; (b) Regulations of the Building Codes Division, State of Oregon, OAR 918-600-0010 to 918-600-0110; (c) All manufactured dwellings shall have skirting, unless the home is set on a ground level foundation. If the manufactured dwelling is purchased after September 4, 1984, the design, color and texture of the skirting shall appear to be an integral part of the adjacent exterior wall of the manufactured dwelling; (d) All manufactured dwellings purchased after September 4, 1984, shall have a roof with a non-reflective surface at a minimum slope of two inches in 12 inches (16 percent); (e) The area occupied by the manufactured dwelling and any accessory buildings (including porches, carports, etc.) shall not exceed 40 percent of the lot area; and (f) All manufactured dwellings shall be installed in compliance with the State of Oregon, Building Codes Division regulations. Installation inspections shall be completed by the Building Codes Division, or by a city or county which has contracted to do the inspections. A copy of the final inspection report shall be submitted to the Department together with a copy of a certificate of occupancy. (2) The Borrower shall establish rules for the residents of the Project, to be a required part of each resident’s lease. The rules and lease shall be submitted for the Department’s review and approval as part of the proposal. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555 & 456.625 History: OHCS 5-2007, f. & cert. ef. 1-11-07 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 15-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 10-1987, f. & ef. 3-10-87 HSG 4-1987(Temp), f. & ef. 2-5-87 1HD 13-1984, f. & ef. 9-4-84
813-060-0036 Interim Loans (1) The Department may from time to time make available funds for construction, acquisition and/or rehabilitation, or other financing of Disabled Projects, for a term not to exceed five years. (2) Notwithstanding any other requirements of OAR chapter 813, division 060, the Department may, as funds are available, solicit applications for the use of such funds. Application shall specify in writing any terms and conditions of the available funds, as well as criteria or priorities the Department shall use to evaluate and select applications for funding. (3) The Department shall evaluate application received in accordance with Program policies and priorities approved by the Housing Stability Council, and with applicable requirements of OAR chapter 813, division 60. Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 456.515-456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.515 - 456.720 History: OHCS 5-2007, f. & cert. ef. 1-11-07
813-060-0038 Approved Housing Borrowers (1) To be eligible to receive a loan, an Eligible Borrower shall comply with the terms contained in the Commitment issued by the Department and the conditions of eligibility as set forth in these rules. (2) Any entity may apply to become an Eligible Borrower. (3) To help the Department evaluate the financial strength of an Eligible Sponsor Borrower to develop, own, maintain and manage a Project, the Eligible Borrower shall submit financial statements, credit reports and any other documents requested by the Department in accordance with the provisions of the Equal Credit Opportunity Act as it relates to the Department. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555 & 456.625 History: OHCS 5-2007, f. & cert. ef. 1-11-07 HSG 6-1996, f. & cert. ef. 6-14-96 HSG 4-1993(Temp), f. & cert. ef. 10-1-93 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 15-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 10-1987, f. & cert. ef. 3-10-87 HSG 4-1987(Temp), f. & cert. ef. 2-5-87 1HD 13-1984, f. & cert. ef. 9-4-84 1HD 10-1982, f. & cert. ef. 12-14-82 1HD 6-1982(Temp), f. & cert. ef. 9-20-82
813-060-0044 Loan Closing Before the loan closing takes place, the Department shall provide the escrow officer written instructions for closing the loan. The Department shall not authorize disbursement of loan funds until all conditions of the Commitment are satisfied and the Department has approved. The following closing documentation may be required: (1) Cost certification; (2) Certificate or policy of insurance for fire and extended coverage, liability, business income and flood insurance (if applicable), with the appropriate loss deductible. All insurance coverage shall be in the amounts set forth in the Department’s Regulatory Agreement and Declaration of Restrictive Covenants; (3) Contingency Escrow Account; (4) Notice of Completion; (5) Certificate of occupancy or final inspection report from the local government, as required; (6) Commercial leases, if applicable; (7) Ground leases, if applicable; (8) All other relevant leases, if applicable; (9) Tax abatement approval; (10) American Land Title Association (ALTA) mortgagee’s preliminary title insurance report from the title company of the Sponsor’s Borrower’s choice; (11) Any licenses required by the state; (12) For Acquisition Loans: (a) Certification of completion of work on repairs from the general contractor and owner. (13) All other reasonable requirements of the Department. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555 & 456.625 History: OHCS 5-2007, f. & cert. ef. 1-11-07 HSG 6-1996, f. & cert. ef. 6-14-96 Reverted to HSG 8-1991, f. & cert. ef. 12-23-91 HSG 4-1993(Temp), f. & cert. ef. 10-1-93 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 15-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 10-1987, f. & ef. 3-10-87 HSG 4-1987(Temp), f. & ef. 2-5-87 1HD 13-1984, f. & ef. 9-4-84
813-060-0047 Commitment Fee (1) The Department shall charge a nonrefundable Commitment fee up to two percent of the loan amount. (2) The Eligible Borrower shall include the fee with the Sponsor’s Eligible Borrower’s signed acceptance of the Commitment returned to the Department. (3) The Department may charge other fees or charges, as needed, to cover the costs and reduce the financial risk to the Department of issuing Bonds. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555 & 456.625 History: OHCS 5-2007, f. & cert. ef. 1-11-07 HSG 6-1996, f. & cert. ef. 6-14-96 Reverted to HSG 8-1991, f. & cert. ef. 12-23-91 HSG 4-1993(Temp), f. & cert. ef. 10-1-93 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 15-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 10-1987, f. & ef. 3-10-87 HSG 4-1987(Temp), f. & ef. 2-5-87 1HD 13-1984, f. & ef. 9-4-84
813-060-0056 Change of Approved Servicers (1) The servicing agreement may be terminated or amended as provided in the servicing agreement or these rules. (2) The Department may direct a change of Approved Servicers at any time consistent with the terms of the servicing agreement and these rules. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555 & 456.625 History: OHCS 5-2007, f. & cert. ef. 1-11-07 HSG 5-1996, f. & cert. ef. 5-15-96 HSG 7-1995(Temp), f. & cert. ef. 11-8-95 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 thru 1-28-92 HSG 15-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 10-1987, f. & cert. ef. 3-10-87 HSG 4-1987(Temp), f. & cert. ef. 2-5-87 1HD 13-1984, f. & cert. ef. 9-4-84, Renumbered from 813-060-0070 1HD 3-1983, f. & cert. ef. 7-20-83
813-060-0061 Transfer of Ownership (1)(a) A Sponsor Borrower who has received a loan or Commitment from the Department shall not transfer ownership, lease, or otherwise encumber any property which serves or will serve as security for a loan from the Department without prior written approval from the Department. (b) The Borrower shall be required to submit underwriting documentation as requested by the Department. (2) A transfer of ownership means a sale, conveyance or other transfer of: (a) Any interest of a general partner; (b) Any interest in a joint venture; (c) More than 25 percent of the limited partner’s interest; (d) More than 10 percent of a corporate owner’s interest; or (e) Any individual interest when the ownership is not a limited partnership, general partnership, joint venture or corporation. (3) The Department may require a transfer application charge from Borrowers of Projects that receive loans through the Department, who request the Department’s approval of a change in Project ownership. The Department may require a transfer review charge to Project owners and transferees who effect a change in Project ownership without prior written approval by the Department. (4) A 100 percent transfer of ownership means a sale, conveyance or other transfer of: (a) All interest of a general partnership; (b) All interest of a joint venture; (c) All interest of a corporation; (d) All general partners’ interest in a limited partnership; or (e) All individual interest of an ownership entity when the ownership entity is not a limited partnership, general partnership, joint venture or corporation. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555 & 456.625 History: OHCS 5-2007, f. & cert. ef. 1-11-07 HSG 6-1996, f. & cert. ef. 6-14-96 Reverted to HSG 8-1991, f. & cert. ef. 12-23-91 HSG 4-1993(Temp), f. & cert. ef. 10-1-93 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 15-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 10-1987, f. & ef. 3-10-87 HSG 4-1987(Temp), f. & ef. 2-5-87 1HD 13-1984, f. & ef. 9-4-84
813-060-0065 Disposal of Department-Owned Projects (1) The Department may transfer ownership of Department-owned Projects through sale, gift or other lawful manner to a Person or Persons whom the Department determines best meets the requirements of this Program. The Department shall establish written procedures for selling a Project prior to any offering of such Project, as applicable. (2) The method of transfer of ownership, timing, price, terms and any other factors pertinent to the transfer of ownership shall be effected by the Department in a manner continuity of the Department’s rental programs. Factors the Department may consider include, but are not limited to: (a) The financial investment of the Department in the Project: (b) Preservation of existing rental housing: (c) Proposed Eligible Borrower’s ability to manage, market, maintain and protect property used as security for the loan made by the Department, if applicable: (d) Proposed Eligible Borrower’s capacity to preserve or improve upon the property’s safety, sanitation, durability and livability: (e) Proposed Eligible Borrower’s ability to preserve units which are affordable and suitable to the needs of the residents: (f) Continued compliance with state or federal laws, rules or regulations, as applicable to the financing or use of the Project. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555 & 456.625 History: OHCS 5-2007, f. & cert. ef. 1-11-07 HSG 6-1996, f. & cert. ef. 6-14-96 Reverted to HSG 8-1991, f. & cert. ef. 12-23-91 HSG 4-1993(Temp), f. & cert. ef. 10-1-93 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 15-1989, f. & cert. ef. 11-3-89
813-060-0070 Waiver The Department may waive or modify any requirements of OAR 813, division 060, unless such waiver or modification would violate applicable federal or state statutes or regulations. Statutory/Other Authority: ORS 456.515 - 456.720 Statutes/Other Implemented: ORS 456.555 History: OHCS 5-2007, f. & cert. ef. 1-11-07
813-065-0100 Purpose The purpose of OAR 813 Division 65 is to carry out the statutory requirements outlined in ORS 90.643 through ORS 90.850 for notices and payments that facility owner(s) of facilities, as defined by ORS 90.100 to mean manufactured dwelling parks or marinas, must give to tenants and to the Department when a facility is closed, placed or considered for sale, sold, or the deed to the facility is transferred. Unless the context indicates otherwise or the term is otherwise defined, all terms in this Division are defined in OAR 813-005-0005 and ORS 90.100. Statutory/Other Authority: ORS 90.645 - 90.671 & 90.850 Statutes/Other Implemented: ORS 90.645 - 90.671 History: OHCS 17-2025, minor correction filed 03/21/2025, effective 03/21/2025 OHCS 19-2023, amend filed 08/28/2023, effective 08/28/2023 OHCS 7-2011, f. & cert. ef. 8-26-11 Renumbered from 813-008-0005 by OHCS 4-2011(Temp), f. & cert. ef. 3-1-11 thru 8-27-11 OHCS 17-2002, f. & cert. ef. 12-5-02 HSG 2-1997, f. & cert. ef. 10-6-97 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 7-1989, f. & cert. ef. 11-3-89 HSG 4-1988, f. & ef. 10-19-88
813-065-0102 Notification and Delivery of Notification (1) All notices provided in this division must be provided in writing and delivered by first class mail. (2) Notification to the Department shall be delivered to the Manufactured Housing and Marina Community Resource Center ("MMCRC"). The MMCRC address can be found on the MMCRC website. (3) The notice shall be considered served three days after the date that the notice was mailed. Statutory/Other Authority: ORS 90.643 – ORS 90.850 Statutes/Other Implemented: ORS 90.650 History: OHCS 16-2025, minor correction filed 03/21/2025, effective 03/21/2025 OHCS 19-2023, adopt filed 08/28/2023, effective 08/28/2023
813-065-0104 Required Notification Conveyance/Transfer of Facility Deed Facility owner(s) or landlord's agent(s) must deliver both written notification of any sale or other transfer or exchange of deed of a facility, per ORS 90.849, to the Department, and written notification of any sale or other transfer or exchange of deed of a facility, per ORS 90.849, to tenants and tenant committees including the required information under ORS 90.849 within 14 calendar days after conveyance, transfer, or the exchange of deed has been officially recorded. Statutory/Other Authority: ORS 90.850 & ORS 90.645 - 90.671 Statutes/Other Implemented: ORS 90.645 - 90.671 History: OHCS 15-2025, minor correction filed 03/21/2025, effective 03/21/2025 OHCS 19-2023, adopt filed 08/28/2023, effective 08/28/2023
813-065-0130 Park Closure Notice When Local Laws are More Stringent When an ordinance, rule or other local law regulating facility closures or partial closures adopted by a local government continues to apply to a facility under ORS 90.660, if the local law provides greater rights or protections for a tenant than are provided by ORS 90.645, the facility owner(s) or landlord's agent(s) shall do the following: (1) Modify the notice required to be furnished to tenants by ORS 90.645 and either OAR 813-065-0110 or 813-065-0120 as applicable, so that the notice explains the greater rights or protections under the local law and retains material that is otherwise required and applicable, or give the notice required under the local law and include all material in the notice required by section (1) of this rule that remains applicable. (2) Include with the notice a copy of the local law that applies. Statutory/Other Authority: ORS 90.650 Statutes/Other Implemented: ORS 90.650 & 90.645 History: OHCS 10-2025, minor correction filed 03/21/2025, effective 03/21/2025 OHCS 19-2023, amend filed 08/28/2023, effective 08/28/2023 OHCS 7-2011, f. & cert. ef. 8-26-11 OHCS 4-2011(Temp), f. & cert. ef. 3-1-11 thru 8-27-11
813-065-0140 Copy of Park Closure Notice to Department; Tenant Contacts When a facility owner(s) or landlord's agent(s) gives notice of closure of a facility to tenants of the park as required by OAR 813-065-0110, 813-065-0120 or 813-065-0130, the facility owner(s) or landlord's agent(s) shall also furnish all of the following to the Department: (1) A copy of the entire notice given to the tenants. The copy must include copies of any accompanying statutes, rules and local laws, except that instead of the statutes and rules, the facility owner(s) or landlord's agent(s) may provide specific statute and rule number citations. If the facility owner(s) or landlord's agent(s) gives notices with differing content to different categories of tenants, the facility owner(s) or landlord's agent(s) shall furnish to the Department a copy of each such notice given. If local laws apply under OAR 813-008-0130, the landlord shall also furnish a copy of the applicable local laws. (2) A list of the names of all tenants to whom the facility owner(s) or landlord's agent(s) gave the notice, with contact information for each tenant that includes the tenant’s address, space number and phone number. Statutory/Other Authority: ORS 90.645 - 90.671 Statutes/Other Implemented: ORS 90.645 - 90.671 History: OHCS 13-2025, minor correction filed 03/21/2025, effective 03/21/2025 OHCS 19-2023, amend filed 08/28/2023, effective 08/28/2023 OHCS 7-2011, f. & cert. ef. 8-26-11 OHCS 4-2011(Temp), f. & cert. ef. 3-1-11 thru 8-27-11
813-065-0150 Notice of Tax Credit Eligibility Upon Closure of Park; Sample Form For the notice of tax credit and right to appeal that a facility owner(s) or landlord's agent(s) of a facility is required by ORS 90.650 to give to a tenant when a facility is closed, the MMCRC establishes the sample form designated for the notice on the Department’s website. The sample form is also available upon request from the Department. Statutory/Other Authority: ORS 90.650 & 90.645 Statutes/Other Implemented: ORS 90.650 & 90.645 History: OHCS 8-2025, minor correction filed 03/21/2025, effective 03/21/2025 OHCS 19-2023, amend filed 08/28/2023, effective 08/28/2023 OHCS 7-2011, f. & cert. ef. 8-26-11 OHCS 4-2011(Temp), f. & cert. ef. 3-1-11 thru 8-27-11
813-065-0220 Alternate Facility Space (1) The facility owner(s) or landlord's agent(s) shall notify the tenant, in writing, of alternate space to which the tenant can move the floating home at least 45 days before delivering a 180-day notice of termination. (2) The tenant may determine, solely at the judgment and discretion of the tenant, if the alternate space identified in the notice given under section (1) of this rule is acceptable and shall notify the facility owner(s) or landlord's agent(s) in writing of the tenant’s decision not later than the 20th day after the tenant receives the notice. (3) The facility owner(s) or landlord's agent(s) shall secure the space acceptable to the tenant from the time of acceptance until the date the relocated floating home is approved for the tenant's occupancy. Costs to secure the space for this period must be included in the facility owner(s) or landlord's agent(s)' paid moving expenses. Statutory/Other Authority: ORS 90.671 Statutes/Other Implemented: ORS 90.671 History: OHCS 19-2023, amend filed 08/28/2023, effective 08/28/2023 OHCS 7-2011, f. & cert. ef. 8-26-11 OHCS 4-2011(Temp), f. & cert. ef. 3-1-11 thru 8-27-11
813-065-0230 Moving and Set Up Expenses (1) The facility owner(s) or landlord's agent(s) shall pay or reimburse actual moving and set-up expenses, as agreed by the facility owner(s) or landlord's agent(s) and the tenant, for moving the tenant's floating home, together with all possessions. Eligible expenses include, but are not limited to: (a) Costs for disconnecting and reconnecting utilities, including fees related thereto; (b) Costs for disconnecting and reinstalling any awning or deck; (c) Any governmental fees relating to moving and inspecting the floating home; (d) Costs of moving the floating home; (e) Set-up charges; (f) Costs for floating home improvements necessary to meet destination marina space standards; (g) Costs for packing and unpacking contents of the floating home as necessary for relocation of an elderly or disabled person; (h) Costs for temporary housing and meals for the tenant during relocation and set up; and (i) Facility owner(s) or landlord's agent(s) expenses to secure the relocation space from the time of tenant acceptance until the date the relocated floating home is approved for occupancy. (2) This rule does not require a facility owner(s) or landlord's agent(s) to pay an amount of moving and set-up expenses that exceeds actual costs or $3,500, whichever is less, unless the facility owner(s) or landlord's agent(s) otherwise agrees. Statutory/Other Authority: ORS 90.671 Statutes/Other Implemented: ORS 90.671 History: OHCS 19-2023, amend filed 08/28/2023, effective 08/28/2023 OHCS 7-2011, f. & cert. ef. 8-26-11 OHCS 4-2011(Temp), f. & cert. ef. 3-1-11 thru 8-27-11
813-065-0240 Payment of Expenses (1) The tenant and facility owner(s) or landlord's agent(s) shall agree in writing upon the moving and set-up method and the source of services to be provided for the method not less than the 20th day before the tenant's required moving date. (2) The facility owner(s) or landlord's agent(s) shall timely pay unpaid billings directly to the vendor and shall reimburse the tenant for appropriate expenses paid directly by the tenant if the tenant submits billings or paid receipts for the expenses within ten days after receiving the billings or receipts. The facility owner(s) or landlord's agent(s) shall reimburse the tenant not later than the 20th day after the tenant submits the billings or receipts. (3) The facility owner(s) or landlord's agent(s) may contract directly with vendors for the tenant's move if the services are mutually agreed upon in writing by the facility owner(s) or landlord's agent(s) and tenant and are performed by appropriately registered or licensed and bonded personnel. (4) If the facility owner(s) or landlord's agent(s) and tenant do not reach an agreement in a timely manner prior to the tenant's required moving date, the facility owner(s) or landlord's agent(s) shall timely reimburse the tenant for appropriate moving and set-up expenses consistent with this rule. Statutory/Other Authority: ORS 90.671 Statutes/Other Implemented: ORS 90.671 History: OHCS 19-2023, amend filed 08/28/2023, effective 08/28/2023 OHCS 7-2011, f. & cert. ef. 8-26-11 OHCS 4-2011(Temp), f. & cert. ef. 3-1-11 thru 8-27-11
813-066-0005 Purpose and Objective OAR chapter 813, Division 66 accomplishes the general purpose of ORS 458.356 and ORS 458.358, which authorize the Oregon Housing and Community Services Department (“OHCS”) to develop the Manufactured Dwelling Replacement Program (“Program”) to provide loans and grants to individuals to buy and set up manufactured dwellings that replace older and less energy-efficient manufactured dwellings and provide grants to individuals or entities to decommission and dispose of older, damaged, hazardous, or less energy-efficient manufactured dwellings. The loan and grant funds are intended primarily to be used in combination with other financial sources to reduce the cost of Manufactured Dwelling Replacement Projects for low- to moderate-income households. Statutory/Other Authority: ORS 458.356 & ORS 458.358 Statutes/Other Implemented: ORS 456.555, ORS 446.003, ORS 455.10 & ORS 90.100 History: OHCS 26-2025, amend filed 06/16/2025, effective 06/16/2025 OHCS 20-2023, amend filed 08/28/2023, effective 08/28/2023 OHCS 13-2021, amend filed 12/17/2021, effective 12/17/2021 OHCS 20-2020, adopt filed 10/12/2020, effective 10/12/2020