justicedao/ipfs_state_laws huggingface dataset:
813-110-0037 Temporary rule language in effect until 04/06/2026. Use of Project; Transfer of Title (1) The sponsoring entity and the owner of a project, including legally registered owners of a manufactured dwelling park, any successors, assigns or transferees shall operate and maintain the project in a manner consistent with program requirements including, but not limited to its use for eligible occupants, for the term of the OAHTC program credits, up to twenty years. (2) The sponsoring entity and the owner of a project with USDA RD rent assistance and/or financing attached, including any successors, assigns or transferees shall operate and maintain the project in a manner consistent with program requirements including, but not limited to its use for eligible occupants, for the term of the OAHTC program credits, up to thirty years. (3) If the title to a project transfers to the lending institution because of a foreclosure, a deed-in-lieu of foreclosure or an involuntary transfer under a bankruptcy proceeding, the lending institution may dispose of the property at its sole discretion. (4) In the event of a title transfer as described in OAR 813-110-0037(3), the lending institution cedes any rights to any remaining OAHTC program credits. (5) Early payoff of the loan generating the OAHTC Program tax credits will result in the termination of any future credits not yet claimed by the lender. Statutory/Other Authority: ORS 317.097 & ORS 456.515-456.725 Statutes/Other Implemented: ORS 317.097 History: OHCS 45-2025, temporary amend filed 10/09/2025, effective 10/09/2025 through 04/06/2026 OHCS 27-2024, amend filed 08/27/2024, effective 09/02/2024 OHCS 20-2024, temporary amend filed 05/31/2024, effective 05/31/2024 through 11/26/2024 OHCS 21-2022, amend filed 08/30/2022, effective 09/09/2022 OHCS 22-2013, f. & cert. ef. 12-18-13 OHCS 9-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
813-110-0050 Waiver The Director may waive or modify any requirements of these Program rules unless such waiver or modification would violate applicable state statute or federal regulations. Statutory/Other Authority: ORS 317.097 & ORS 456.515 - 456.725 Statutes/Other Implemented: ORS 317.097 History: OHCS 21-2022, amend filed 08/30/2022, effective 09/09/2022 Reverted to OHCS 7-2006, f. & cert. ef. 5-17-06 Suspended by OHCS 9-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 OHCS 7-2006, f. & cert. ef. 5-17-06
813-112-0000 Purpose and Objectives OAR chapter 813, division 112 establishes the responsibilities of Oregon Housing and Community Services (OHCS) for the assessment and identification of cities with populations greater than 10,000 experiencing severe rent burden. These rules provide guidance pursuant to House Bill 2003 of the 2019 Oregon Legislative Assembly and section 1, chapter 47, of the Oregon Laws of 2018. Statutory/Other Authority: Section 1, chapter 47, Oregon Laws 2018 & HB 2003 (2019) Statutes/Other Implemented: Section 1, chapter 47, Oregon Laws 2018 & HB 2003 (2019) History: OHCS 2-2020, amend filed 01/27/2020, effective 01/27/2020 OHCS 18-2018, adopt filed 10/25/2018, effective 10/25/2018
813-112-0010 Definitions Terms used throughout OAR chapter 813, division 112 may be defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions except as defined below: (1) “Governing body” means the individual or group of citizens or employees, most senior administrative employee(s), or the delegate(s) thereof, who formulate(s) the policy and direct(s) the affairs of the city . (2) “Severely rent burdened households" means those households that spend more than 50% of the household income on gross rent for housing. Statutory/Other Authority: HB 2003 (2019) & Section 1, chapter 47, Oregon Laws 2018 Statutes/Other Implemented: HB 2003 (2019) & Section 1, chapter 47, Oregon Laws 2018 History: OHCS 2-2020, amend filed 01/27/2020, effective 01/27/2020 OHCS 18-2018, adopt filed 10/25/2018, effective 10/25/2018
813-112-0020 Designation and Reporting No later than the March 1 of each year, OHCS must: (1) Gather the most current data available from the United States Census Bureau, or any other source OHCS considers at least as reliable, to determine the percentage of severely rent burdened households for each Oregon city with populations greater than 10,000; and (2) Provide a report of the data described in subsection (1) to each applicable city’s governing body. Statutory/Other Authority: HB 2003 (2019) & Section 1, chapter 47, Oregon Laws 2018 Statutes/Other Implemented: HB 2003 (2019) & Section 1, chapter 47, Oregon Laws 2018 History: OHCS 2-2020, amend filed 01/27/2020, effective 01/27/2020 OHCS 18-2018, adopt filed 10/25/2018, effective 10/25/2018
813-112-0030 Public Meeting (1) The governing body of each applicable city identified by OHCS, as determined by the data and analysis described in OAR 813-112-0020, must conduct at least one public meeting no later than December 31 of the year in which OHCS provided the qualifying data. The purpose of such public meeting shall be to discuss: (a) The causes and consequences of severe rent burdens within the city; (b) The barriers to reducing rent burdens; and (c) Possible solutions to reduce the number of severely rent burdened households within the city. (2) In order to conduct the public meetings as identified in subsection (1) above, each governing body must: (a) Act in accordance with Oregon’s public meeting laws (ORS 192.610 through 192.690). (b) Provide notice of the public meeting in accordance with ORS 192.640 and to at least the city’s local housing providers; local service providers; and households experiencing severe rent burden, or their representatives, including the city’s local Public Housing Authority (defined in ORS 456.005 ), Community Action Agency (described in OAR 813-230-0000), and nonprofit housing and service providers. (c) Submit the public meeting agenda, together with a list of attendees and their affiliation and geographic location within the city, to the Public Affairs Division of OHCS by February 1 of the following year . Statutory/Other Authority: HB 2003 (2019) & Section 1, chapter 47, Oregon Laws 2018 Statutes/Other Implemented: HB 2003 (2019), Section 1, chapter 47, Oregon Laws 2018, ORS 192.610 - 192.690, ORS 456.005 & OAR 813-230-0000 History: OHCS 2-2020, amend filed 01/27/2020, effective 01/27/2020 OHCS 18-2018, adopt filed 10/25/2018, effective 10/25/2018
813-115-0001 Temporary rule language in effect until 05/29/2026. Purpose and Objectives The rules of OAR chapter 813, Division 115, describe a required process for Publicly Supported Housing Contract Preservation. This process is defined in ORS 456.250 through 456.267 which provides a framework to help preserve the affordability restrictions of properties that entered into these restrictions to receive federal, state, or local government assistance. This process is also subject to OHCS’ general rules (OAR 813-005). Statutory/Other Authority: ORS 456.250, 456.258-456.260 & 456.263 Statutes/Other Implemented: ORS 456.250-456.267 & SB 973 (2025) History: OHCS 48-2025, temporary amend filed 11/21/2025, effective 12/01/2025 through 05/29/2026 OHCS 1-2024, amend filed 01/05/2024, effective 01/05/2024 OHCS 10-2020, amend filed 05/21/2020, effective 05/21/2020 OHCS 6-2020, temporary amend filed 03/25/2020, effective 03/25/2020 through 09/20/2020 OHCS 13-2018, adopt filed 09/05/2018, effective 09/05/2018
813-115-0020 Temporary rule language in effect until 05/29/2026. Inclusion of Local Government Subsidy Program Properties as Publicly Supported Housing (1) A local government may make an application to OHCS requesting that a local subsidy program be included in the definition of publicly supported housing as provided by ORS 456.250(6)(a)(B). (2) To be eligible for OHCS approval: (a) The local subsidy program must require a deed restriction, loan agreement, operating agreement, or any other writing agreement that places an affordability restriction on the property; and (b) The local government subsidy program must otherwise comply with and not be excluded from the definition of publicly supported housing (definition and exclusions are in ORS 456.250(6)(a)); and (3) If an application is approved by OHCS, property that is the subject of a contract by which the property becomes publicly supported housing that is subject to an affordability restriction becomes a participating property (as defined by ORS 456.250) and is subject to process requirements of this division of rules. Statutory/Other Authority: ORS 456.250 Statutes/Other Implemented: ORS 456.250-456.267 History: OHCS 48-2025, temporary amend filed 11/21/2025, effective 12/01/2025 through 05/29/2026 OHCS 1-2024, amend filed 01/05/2024, effective 01/05/2024 OHCS 20-2022, amend filed 08/16/2022, effective 08/18/2022 OHCS 10-2020, amend filed 05/21/2020, effective 05/21/2020 OHCS 6-2020, temporary amend filed 03/25/2020, effective 03/25/2020 through 09/20/2020 OHCS 12-2018, adopt filed 09/04/2018, effective 09/04/2018
813-115-0035 Temporary rule language in effect until 05/29/2026. Required Notice by Owner to Tenants and Prospective Tenants of Properties with OHCS Restrictions (1) In addition to the notices required under ORS 456.260 and ORS 456.262, and OAR 813-115-0030, owners of publicly supported housing properties subject to OHCS restrictions are required to notify tenants and prospective tenants of withdrawal of a participating property. (2) The notice described in subsection (1) above must be on a form as prescribed and provided by OHCS. The most current version of the tenant notice form will be made available on the department's website. (3) If a dwelling unit is subject to an affordability restriction, as defined in ORS 456.250, the landlord must provide written notice to any applicant or prospective tenant prior to charging a screening fee or entering into a rental agreement. (4) The written notice described in subsection (3) must: (a) Be in the form prescribed by OHCS; (b) Clearly state the earliest possible date the affordability restrictions could be terminated; (c) Be provided before a screening charge is assessed or a rental agreement is executed. (d) The most current version of the prospective tenant notice form will be made available on the department’s website. (5) The owner must deliver the notices described in ORS 456.259 and this rule to tenants and prospective tenants and post onsite in a common area as prescribed in ORS 456.259. Statutory/Other Authority: ORS 456.458 & 456.259 Statutes/Other Implemented: ORS 456.260 & SB 973 (2025) History: OHCS 48-2025, temporary amend filed 11/21/2025, effective 12/01/2025 through 05/29/2026 OHCS 1-2024, amend filed 01/05/2024, effective 01/05/2024 OHCS 20-2022, adopt filed 08/16/2022, effective 08/18/2022
813-115-0050 Qualified Purchaser Access to Property, Records and Documents After providing notice as required under ORS 456.260 and described in OAR 813-115-0030, the property owner must provide a qualified purchaser access to documents as required by ORS 456.262. For the purpose of this rule, documents include, but are not limited to, OHCS, HUD, and USDA Rural Development compliance reports, as applicable; and current approved rent schedule, including actual rent charges. Statutory/Other Authority: ORS 456.258 Statutes/Other Implemented: ORS 456.250-456.265 History: OHCS 1-2024, amend filed 01/05/2024, effective 01/05/2024 OHCS 20-2022, amend filed 08/16/2022, effective 08/18/2022 OHCS 10-2020, amend filed 05/21/2020, effective 05/21/2020 OHCS 6-2020, temporary amend filed 03/25/2020, effective 03/25/2020 through 09/20/2020 OHCS 12-2018, adopt filed 09/04/2018, effective 09/04/2018
813-115-0060 Temporary rule language in effect until 05/29/2026. Recording Notices of Right of First Refusal (1) After submitting an offer to the property owner as outlined in ORS 456.262, a qualified purchaser may record—in the real property records of the county or counties within which the relevant participating property is located—a notice of right of first refusal, as provided by ORS 456.262, in a form provided by and available from OHCS. (2) If no qualified purchaser has recorded a right of first refusal, OHCS may record the right of first refusal per 456.262(7) without delivering an offer to purchase. (3) A qualified purchaser may assign their interest in a right of first refusal to another qualified purchaser by recording—in the real property records of the county or counties within which the relevant participating property is located—a notice of assignment of the right of first refusal. (4) A qualified purchaser is not required to exercise a right of first refusal and submit a matching offer under ORS 456.263. (5) A qualified purchaser shall provide a release of the recorded right of first refusal to the property owner upon: (a) Transfer of ownership to a third party or qualified purchaser; or (b) Expiration of the term of the right of first refusal if there is no transfer of ownership; or (c) At any time as determined by the qualified purchaser, at their sole discretion prior to (a) or (b) above. Statutory/Other Authority: ORS 456.258 Statutes/Other Implemented: ORS 456.250-456.267 History: OHCS 48-2025, temporary amend filed 11/21/2025, effective 12/01/2025 through 05/29/2026 OHCS 1-2024, amend filed 01/05/2024, effective 01/05/2024 OHCS 20-2022, amend filed 08/16/2022, effective 08/18/2022 OHCS 10-2020, amend filed 05/21/2020, effective 05/21/2020 OHCS 6-2020, temporary amend filed 03/25/2020, effective 03/25/2020 through 09/20/2020 OHCS 12-2018, adopt filed 09/04/2018, effective 09/04/2018
813-115-0070 Qualified Purchaser Right of First Refusal; Third Party Offer (1) Before selling a participating property that is subject to a recorded notice of right of first refusal, under ORS 456.262, to a third party other than a qualified purchaser, the property owner shall provide notice to all parties with a recorded right of first refusal of the owner’s intent to: (a) Accept a purchase offer from a third party; or (b) Amend the terms and conditions of a purchase offer from a third party under (a) above; or (c) Terminate a pending sale agreement with a third party; or (d) Accept a purchase offer from another third party subsequent to (a) above. (2) Qualified purchasers receiving this notice under subsection (1) above may exercise a right of first refusal by delivering a matching offer to purchase the property. The property owner shall accept the first matching offer the property owner receives from a qualified purchaser. (3) Qualified purchasers can exercise their right of first refusal as many times as applicable until: (a) Owner successfully transfers the property to a third party or a qualified purchaser; or (b) The expiration of the term of the right of first refusal; or (c) The right of first refusal is released or terminated by the qualified purchaser. (4) Requirements related to required notices, matching offers, and property sales generally under this process are outlined in ORS 456.263. Statutory/Other Authority: ORS 456.258 Statutes/Other Implemented: ORS 456.250-456.265 History: OHCS 1-2024, amend filed 01/05/2024, effective 01/05/2024 OHCS 20-2022, amend filed 08/16/2022, effective 08/18/2022 OHCS 10-2020, amend filed 05/21/2020, effective 05/21/2020 OHCS 6-2020, temporary amend filed 03/25/2020, effective 03/25/2020 through 09/20/2020 OHCS 12-2018, adopt filed 09/04/2018, effective 09/04/2018
813-120-0001 Purpose and Objectives OAR chapter 813, division 120, is promulgated to accomplish the general purpose of the U.S. Department of Housing and Urban Development (HUD) Final Rule for the HOME Investment Partnerships Program, 24 C.F.R. Part 92, and to implement the Oregon HOME Investment Partnerships Program. Pursuant to 24 C.F.R. §92.105, the Department was designated a participating jurisdiction upon receiving HUD’s approval of Oregon’s Consolidated Plan. The HOME Investment Partnerships Program is established to address the priority needs outlined in the Consolidated Plan for the development and rehabilitation of decent, safe, sanitary and affordable housing for low- and very-low-income individuals and families. OAR chapter 813, division 120, describes the HOME Investment Partnerships Program and its objective to provide funds to acquire, construct and rehabilitate housing, to provide tenant-based rental assistance for individuals and families of low- and very low-income, and to leverage local and private monies available from other sources for the purposes of production of low- and very low-income housing. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 456.620 Statutes/Other Implemented: ORS 456.559(1)(f) History: Reverted to OHCS 1-2008, f. & cert. ef. 1-28-08 OHCS 10-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 OHCS 1-2008, f. & cert. ef. 1-28-08 HSG 3-1995, f. & cert. ef. 9-25-95 HSG 8-1994, f. & cert. ef. 9-9-94 HSG 3-1993, f. & cert. ef. 8-18-93 HSG 1-1993(Temp), f. & cert. ef. 2-19-93 HSG 10-1992, f. & cert. ef. 11-20-92 HSG 6-1992(Temp), f. & cert. ef. 6-15-92
813-120-0032 Application Review (1) The Department shall consider an application and approve or deny the application, or request additional information within the timeframe set forth in the application materials. (2). If the Department proposes to award HOME funds on an application requesting in excess of $100,000, it shall submit the application request to the Housing Stability Council for review. The Council shall approve or disapprove the application at a public hearing of the Council, pursuant to ORS 456.571(2). (3) In reviewing applications for HOME assistance, the Department and the Council, as appropriate, may consider, in addition to any other or special evaluation criteria, the following: (a) Amount of available funds in the HOME Program; (b) Availability of other sources of assistance; and (c) Applicant's efforts to leverage public or private funds. (4) The Department may, in its sole discretion, further restrict the amount and/or type of assistance available or restrict the type of Applicant eligible for assistance. (5) The Department shall select those applications which, in the judgment of the Department, best achieve the purposes of the HOME Program, this OAR chapter 813, division 120 (including the Program guidelines described in 813-120-0060(1)), and 24 C.F.R. Part 92, and meet the evaluation criteria outlined in the Program guidelines described in 813-120-0060(1). Applicants must document consistency with the priorities in Oregon's Consolidated Plan or its successor, or document why the highest priority in their communities differs from the highest priorities outlined in Oregon's Consolidated Plan or its successor. Projects that are not financially feasible shall not be funded. Statutory/Other Authority: ORS 456.620 Statutes/Other Implemented: ORS 456.559(1)(f) History: Reverted to Renumbered from 813-120-0090 by OHCS 6-2013, f. & cert. ef. 6-21-13 OHCS 11-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 Renumbered from 813-120-0090 by OHCS 6-2013, f. & cert. ef. 6-21-13 OHCS 1-2008, f. & cert. ef. 1-28-08 HSG 3-1995, f. & cert. ef. 9-25-95 HSG 8-1994, f. & cert. ef. 9-9-94 HSG 3-1993, f. & cert. ef. 8-18-93 HSG 1-1993(Temp), f. & cert. ef. 2-19-93 HSG 10-1992, f. & cert. ef. 11-20-92 HSG 6-1992(Temp), f. & cert. ef. 6-15-92
813-120-0035 Form of Assistance (1) The Department shall provide funds for he acquisition, construction and rehabilitation of housing, including Transitional Housing, affordable to Low-and Very Low-Income Families, and Tenant-Based Rental Assistance to Low- and Very-Low-Income Families subject to limitations otherwise prescribed by OAR 813, division 120, and 24 CFR Part 92. (2) The Department shall also provide down-payment assistance to First-time Homebuyers in accordance with the American Dream Downpayment Initiative as described in 24 CFR Subpart M. (3) The Department shall confirm to the applicant in writing the amount and form or assistance, if any, to be provided form the HOME Program. (4) The Department may establish fees, interest rates, repayment terms, performance criteria and reporting requirements pursuant to 24 CFR Part 92, as the Department considers appropriate or necessary for the type and use of assistance provided. The Department shall specify such terms and conditions to an applicant in writing before funds are advanced or any agreements signed. The Department may require an applicant to execute such documents as the Department considers appropriate or necessary to evidence the type and amount of assistance provided, and any terms and conditions agreed to in connection with such assistance, subject to federal policy or regulatory direction. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 456.620 Statutes/Other Implemented: ORS 456.559(1)(f) History: Reverted to Renumbered from 813-120-0100 by OHCS 1-2008, f. & cert. ef. 1-28-08 OHCS 11-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 Renumbered from 813-120-0100 by OHCS 1-2008, f. & cert. ef. 1-28-08 OHCS 10-2007, f. & cert. ef. 1-11-07 OHCS 10-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07 HSG 3-1993, f. & cert. ef. 8-18-93 HSG 1-1993(Temp), f. & cert. ef. 2-19-93 HSG 10-1992, f. & cert. ef. 11-20-92 HSG 6-1992(Temp), f. & cert. ef. 6-15-92