justicedao/ipfs_state_laws huggingface dataset:
813-135-0030 Eligibility (1) OHCS may use funds available pursuant to Article XI-Q of the Oregon Constitution for the LIFT Housing Program to acquire, construct, remodel, repair, equip, or furnish qualified property that is or will be owned or operated by the State of Oregon for the purpose of providing affordable housing in Oregon for low-income households. Resources may be used for both construction and permanent financing, as applicable and described in the ORCA for rental and NOFA for homeownership. Eligible uses for resources include initial funding or will be described in the LIFT manuals, NOFA, and ORCA documents. Eligible activities to expand affordable housing include: (a) New Construction. (b) Conversion of existing non-residential structures to be used for affordable housing. (c) Acquisition of like-new market rate affordable rental housing. (A) Where LIFT resources are used for an acquisition where all units may not have income eligible tenants, all LIFT funded units must convert to units affordable to households earning at or below 60% area median income (AMI) within 36 months of acquisition. (B) LIFT funding will be released over the 36-month conversion period in equal proportion to the conversion of units to affordable households earning at or below 60% AMI. (2) Ownership interests in real property acquired by OHCS are documented in ORS 458.485(3). (3) Operational interests by OHCS are allowable as documented in an Operating Agreement approved by the Oregon Department of Justice. Statutory/Other Authority: ORS 456.515 – 456.725 Statutes/Other Implemented: ORS 456.559(1)(f) & ORS 458.480-458.490 History: OHCS 28-2025, amend filed 06/30/2025, effective 07/01/2025 OHCS 2-2025, temporary amend filed 01/03/2025, effective 01/03/2025 through 07/01/2025 OHCS 1-2025, temporary amend filed 01/03/2025, effective 01/03/2025 through 07/01/2025 OHCS 31-2024, amend filed 08/28/2024, effective 09/02/2024 OHCS 15-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024 OHCS 17-2022, amend filed 07/29/2022, effective 07/31/2022 OHCS 1-2017, f. & cert. ef. 3-9-17 OHCS 9-2016(Temp), f. & cert. ef. 9-12-16 thru 3-10-17
813-135-0050 Application Requests and Charges (1) The process of obtaining LIFT funding will be specified in solicitation documents issued by OHCS. Additional direction and guidance can be found in the LIFT Manuals (See OAR 813-135-0025 and 813-135-0026). OHCS may solicit applications for an allocation of LIFT Housing Program bond proceeds from interested parties when such resources are available. (2) OHCS may require a non-refundable application charge from any applicant requesting an allocation of LIFT Housing Program bond proceeds. (3) OHCS may charge the project owner reasonable charges for OHCS's costs of monitoring the project owner's compliance with restrictions established by OHCS. These charges can be found on the OHCS website. (4) OHCS shall evaluate completed Homeownership applications based on a scoring system established by OHCS and set forth in OHCS's Notice of Funding Availability. (5) OHCS shall evaluate completed Rental applications through the ORCA process. Statutory/Other Authority: ORS 456.515 – 456.725 Statutes/Other Implemented: ORS 458.480 - 458.490 History: OHCS 28-2025, amend filed 06/30/2025, effective 07/01/2025 OHCS 2-2025, temporary amend filed 01/03/2025, effective 01/03/2025 through 07/01/2025 OHCS 1-2025, temporary amend filed 01/03/2025, effective 01/03/2025 through 07/01/2025 OHCS 31-2024, amend filed 08/28/2024, effective 09/02/2024 OHCS 15-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024 OHCS 17-2022, amend filed 07/29/2022, effective 07/31/2022 OHCS 1-2017, f. & cert. ef. 3-9-17 OHCS 9-2016(Temp), f. & cert. ef. 9-12-16 thru 3-10-17
813-135-0060 Strategies for Serving Underserved Communities In order to reach historically underserved communities, all Applicants must include detailed information on how the project will provide service to communities of color, as instructed in the LIFT Manuals (See OAR 813-135-0025 and 813-135-0026). Statutory/Other Authority: ORS 458.485 – 458.490 Statutes/Other Implemented: ORS 456.559(1)(f) History: OHCS 28-2025, amend filed 06/30/2025, effective 07/01/2025 OHCS 2-2025, temporary amend filed 01/03/2025, effective 01/03/2025 through 07/01/2025 OHCS 1-2025, temporary amend filed 01/03/2025, effective 01/03/2025 through 07/01/2025 OHCS 17-2022, amend filed 07/29/2022, effective 07/31/2022 OHCS 1-2017, f. & cert. ef. 3-9-17 OHCS 9-2016(Temp), f. & cert. ef. 9-12-16 thru 3-10-17
813-138-0000 Purpose and Objective The rules of OAR chapter 813, division 138, are established to support implementation of Senate Bill (SB) 5505 (2021) (Or Laws 2021, chapter 658, section 1) and SB 5506 (2021) (Or Laws 2021, chapter 659, section 1) relating to funds provided for the creation of a Permanent Supportive Housing Program in the State of Oregon. The objective of the PSH Program is to expand the state's supply of affordable housing designed to serve households experiencing chronic homelessness. Permanent Supportive Housing is a best practice and proven strategy to successfully house people experiencing chronic homelessness. Members of these households often have complex needs including mental illness, substance use, and chronic physical difficulties alongside of their experience of long-term homelessness. The OHCS PSH Program combines three funding elements: development funding for acquisition, construction and rehabilitation of affordable housing, funding for comprehensive tenancy support services, and project-based rental assistance. PSH is a key resource for people who, without support in their tenancy, may not be successful in maintaining stable housing and who, without housing, may not be as successful in utilizing services to achieve and maintain recovery, health, and wellness. Statutory/Other Authority: ORS 456.612, ORS 456.620 & ORS 456.625 Statutes/Other Implemented: SB 5505 (2021), SB 5506 (2021), HB 5005 & HB 5050 (Section 26) History: OHCS 26-2024, amend filed 08/27/2024, effective 09/02/2024 OHCS 16-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024 OHCS 6-2023, adopt filed 04/10/2023, effective 04/12/2023
813-138-0015 Eligibility Eligibility for funding will vary by resource offering but in all cases the Project or unit must include all three PSH program elements, which include physical units (a minimum of five), project-based rental assistance, and comprehensive tenancy support services (not required to be funded by the Department). Additional requirements may include but are not limited to: (1) Standards as outlined by the Oregon Centralized Application or PSH Standards, Best Practices, and Program Manual, (2) Low barrier policies for accessing the PSH units, (3) A tenant selection plan that prioritizes chronically homeless households via local Coordinated Entry, and (4) Affirmatively Furthering Fair Housing marketing plan. Statutory/Other Authority: ORS 456.612, ORS 456.620 & ORS 456.625 Statutes/Other Implemented: SB 5505 (2021) & SB 5506 (2021) History: OHCS 37-2025, amend filed 08/21/2025, effective 08/26/2025 OHCS 26-2024, amend filed 08/27/2024, effective 09/02/2024 OHCS 16-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024 OHCS 6-2023, adopt filed 04/10/2023, effective 04/12/2023
813-138-0020 Permanent Supportive Housing Funding Availability and PSH Program Manual (1) The Department has established the PSH Standards, Best Practices, and Program Manual to share the expectations and requirements for the PSH Program. In addition to funding for Rental Assistance and Comprehensive Tenancy Support Services, the Department may also offer development resources for new unit creation or rehabilitation when available. For all Department resources, the Department retains the right to establish minimum standards associated with eligibility. (2) Funding decisions may be made using the Oregon Housing and Community Services (OHCS) Affordable Rental Housing Division (ARH) Oregon Centralized Application (ORCA) Process as described in OAR 813-002-0005 through OAR 813-002-0055). The ORCA process may include additional priorities and requirements as determined appropriate by the Department. (3) Policies and program expectations are outlined in the PSH Standards, Best Practices, and Program Manual, dated July 2025, incorporated into and adopted as part of these administrative rules by reference. (4) PSH policy and program information is available online at the Department’s website. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 456.612, ORS 456.620 & ORS 456.625 Statutes/Other Implemented: SB 5505 (2021), SB 5506 (2021), HB 5005 & HB 5050 (Section 26) History: OHCS 37-2025, amend filed 08/21/2025, effective 08/26/2025 OHCS 26-2024, amend filed 08/27/2024, effective 09/02/2024 OHCS 16-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024 OHCS 6-2023, adopt filed 04/10/2023, effective 04/12/2023
813-138-0025 Project Development - Eligibility for Bond Proceeds for PSH (1) The Department may use funds available or designated for PSH development including those pursuant to Article XI-Q, of the Oregon Constitution, for the PSH Program to acquire, construct, remodel, repair, equip, or furnish Qualified Property that is or will be Owned or Operated by the State of Oregon for the purpose of providing permanent supportive housing in this state for Chronically Homeless Households. (2) For properties developed utilizing Article XI-Q bonds, ownership interests in real property acquired by the Department are limited to: (a) A fee simple interest in land or improvements; (b) A leased fee interest, meaning an ownership interest with the rights of use and occupancy conveyed by lease to others; (c) A tenancy in common for which the Department’s interest in the property is proportionate to the contribution of the Department in the property’s purchase price; (d) A fee simple interest in a condominium; (e) An easement, right of way, license or similar interest functionally related to and necessary for the use of Qualified Property acquired by the Department. (3) If the Department holds an operational interest in the Project, the parties must execute an operating agreement to govern the project. Statutory/Other Authority: ORS 456.612, ORS 456.620 & ORS 456.625 Statutes/Other Implemented: SB 5505 (2021), SB 5506 (2021), HB 5005 & HB 5050 (Section 26) History: OHCS 26-2024, amend filed 08/27/2024, effective 09/02/2024 OHCS 16-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024 OHCS 6-2023, adopt filed 04/10/2023, effective 04/12/2023
813-138-0030 Project Development - Allocation of Bond Proceeds (1) The Department may, to the extent of its authority, allocate bond proceeds to Projects approved for funding by the Housing Stability Council. (2) When funded with Article XI-Q bonds, the Department shall allocate the funds in compliance with the requirements of the Article XI-Q, of the Oregon Constitution, ORS 456.559(1)(f) and the rules of this division. (3) The Department may choose whether to allocate all available funds. (4) The obligation to repay the loan principal shall be satisfied upon repayment in full at maturity. In the alternative, and at the election of the borrower at any time after the initial affordability period, such obligation may be: (a) Satisfied upon the borrower executing agreements: (A) Subjecting the Qualified Property to an additional affordability period equivalent to the initial level of affordability; and (B) Ensuring that the equity of the PSH loan continues to benefit the Project; (b) Extended beyond the initial maturity date on the condition that: (A) Substantially equivalent, as determined by the Department, affordability is maintained through the extended affordability date; and (B) The equity of the PSH loan continues to benefit the Project. At the request of the borrower, the Department also may consider a combination of PSH loan repayment, affordability preservation, and loan extension in proportion to the previously identified options. (5) PSH loans may be prepaid as long as affordability is ensured in a manner satisfactory to the Department. Repayment examples include: (a) Loan fully repaid at maturity. (b) Loan satisfied by a 30-year affordability extension where the PSH equity is used to rehabilitate the qualified project. (c) Loan terms extended for an additional 30-year affordability term. (d) Loan prepaid at year 15 with continued affordability ensured for the entirety of the initial affordability term. Statutory/Other Authority: ORS 456.612, ORS 456.620, ORS 456.625 & ORS 456.559(1)(f) Statutes/Other Implemented: SB 5506 (2021), SB 5505 (2021), HB 5050 (Section 26) & HB 5005 History: OHCS 26-2024, amend filed 08/27/2024, effective 09/02/2024 OHCS 16-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024 OHCS 29-2023, temporary amend filed 10/31/2023, effective 11/04/2023 through 04/17/2024 OHCS 11-2023, temporary amend filed 05/09/2023, effective 05/09/2023 through 11/03/2023 OHCS 6-2023, adopt filed 04/10/2023, effective 04/12/2023
813-138-0035 Allocation of Rental Assistance and Comprehensive Tenancy Support Services Funding (1) The Department may, to the extent of its authority, allocate resources for Rental Assistance and Comprehensive Tenancy Support Services to Projects awarded funding by the Housing Stability Council. (2) The Department shall allocate the funds in compliance with the Oregon Housing and Community Services (OHCS) Affordable Rental Housing Division (ARH) Centralized Application Processes, as described in OAR 813-002-0005 through OAR 813-002-0055, the PSH Manual, and the rules of this division. (3) The Department may choose whether to allocate all available funds. (4) The Department retains flexibility regarding how Rental Assistance and Comprehensive Tenancy Support Services funding are assigned. (5) If Rental Assistance or Comprehensive Tenancy Support Services funding for a Project are no longer available and replacement funding for these resources is not found within a reasonable time, in order to keep the Project viable and avoid foreclosure, the Department may elect to waive the requirement that the Project house Chronically Homeless Households. If the project goes into default or foreclosure or for any reason cannot meet its debt obligation, OHCS should be notified immediately by the project owner and a cure period should be established to enable the sponsor to work in good faith toward implementing a remedy or cure for the default. If the default cannot be cured or a remedy cannot be put in place within the agreed upon cure period and needed rent assistance and supportive services funding is no longer available, then OHCS may waive the requirement for the project to house chronically homeless residents. Statutory/Other Authority: ORS 456.612, ORS 456.620 & ORS 456.625 Statutes/Other Implemented: SB 5505 (2021), SB 5506 (2021), HB 5005 (2021) & HB 5050 (Section 26) History: OHCS 37-2025, amend filed 08/21/2025, effective 08/26/2025 OHCS 26-2024, amend filed 08/27/2024, effective 09/02/2024 OHCS 16-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024 OHCS 6-2023, adopt filed 04/10/2023, effective 04/12/2023
813-138-0040 Application Requests and Charges for Development Funds (1) The Department may solicit applications for an allocation of Program funds from interested parties when such resources are available. (2) The Department may require a non-refundable application charge from any Applicant requesting an allocation of Program bond proceeds. (3) The Department may charge the Project owner reasonable charges for the Department's costs of monitoring the Project owner's compliance with restrictions established by the Department. (4) The Department shall evaluate completed applications based on a ranking system established by the Department and set forth in the Department's application process. Statutory/Other Authority: ORS 456.612, ORS 456.620 & ORS 456.625 Statutes/Other Implemented: SB 5505 (2021) & SB 5506 (2021) History: OHCS 26-2024, amend filed 08/27/2024, effective 09/02/2024 OHCS 16-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024 OHCS 6-2023, adopt filed 04/10/2023, effective 04/12/2023
813-138-0045 Applications for Rental Assistance and Comprehensive Tenancy Supportive Services Funding To request Rental Assistance or Comprehensive Tenancy Supportive Services funding, Applicants must submit an application along with any applicable charges as required by the development resource funding request, if applicable. The Rental Assistance or Comprehensive Tenancy Supportive Services funding application required by the Department may request, among other information, the following: (1) The type(s) of funding requested; (2) The amount of funds requested from each funding category; (3) The building location: state, county, town, street address and legal description (4) An initial statement based on local homelessness data indicating whether or not there is a need for the proposed Project; (5) The complete financial information about the proposed Project showing all sources and uses of funds; (6) An operating pro forma statement on a cash flow basis showing net operating income before debt service; (7) Evidence of a commitment for financing, federal loan insurance, or other major source of funds; (8) Other financial information regarding grants, subsidies, or tax-exempt financing for the proposed Project; (9) Implementation plans for Comprehensive Tenancy Support Services. Statutory/Other Authority: ORS 456.612, ORS 456.620 & ORS 456.625 Statutes/Other Implemented: SB 5505 (2021), SB 5506 (2021), HB 5005 & HB 5050 (Section 26) History: OHCS 26-2024, amend filed 08/27/2024, effective 09/02/2024 OHCS 16-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024 OHCS 6-2023, adopt filed 04/10/2023, effective 04/12/2023
813-140-0000 Purpose and Objectives OAR 813, division 140, is promulgated to accomplish the purpose of ORS 458.705 through 458.740, specifically 458.720 through 458.740, which implement the Community Development Incentive Project Fund. The Community Development Incentive Project Fund holds the proceeds of lottery bonds issued to make grants or loans to Oregon municipalities, businesses and individuals; provides credit enhancements to commercial banks and private lenders in order to encourage real estate development that promotes downtown and community center areas; provides affordable housing and other infill developments; or funds projects that promote business opportunities in Oregon’s distressed areas and rural communities. Statutory/Other Authority: ORS 458.705 - 458.740 Statutes/Other Implemented: ORS 458.705 - 458.740 History: OHCS 16-2002, f. & cert. ef. 11-25-02 OHCS 7-2002(Temp), f. & cert. ef. 5-30-02 thru 11-25-02
813-140-0020 Fund Purposes (1) The primary purpose of the Fund is to provide Gap Financing to help local communities or to use as an incentive to obtain additional funding commitments from other sources. (2) The Fund is not intended to provide financing to replace other financing from private or public sources that could be available within 12 months of the date of the award to fund a proposed development project. Rather it is intended to be a flexible resource that promotes worthy projects by bridging funding gaps which prevent a project either from moving forward or from moving forward in a manner which achieves one or more of the Six Budget Principals. Statutory/Other Authority: ORS 458.705 - 458.740 Statutes/Other Implemented: ORS 458.705 - 458.740 History: OHCS 17-2006, f. & cert. ef. 9-15-06 OHCS 5-2006(Temp), f. & cert. ef. 3-29-06 thru 9-24-06 OHCS 16-2002, f. & cert. ef. 11-25-02 OHCS 7-2002(Temp), f. & cert. ef. 5-30-02 thru 11-25-02
813-140-0030 Fund Administration (1) The Board will develop program guidelines, including specific project criteria and financing mechanisms which can be found in the Program Overview and application materials. (2) The Department will administer the Fund in accordance with ORS 458.735. The Department's Administration of the Fund is not subject to Housing Stability Council policy, rules or standards. Statutory/Other Authority: ORS 458.705 - 458.740 Statutes/Other Implemented: ORS 458.705 - 458.740 History: OHCS 17-2006, f. & cert. ef. 9-15-06 OHCS 5-2006(Temp), f. & cert. ef. 3-29-06 thru 9-24-06 OHCS 11-2002(Temp), f. & cert. ef. 9-5-02 thru 11-25-02 OHCS 7-2002(Temp), f. & cert. ef. 5-30-02 thru 11-25-02
813-140-0040 Eligible Uses of the Fund (1) The Oregon Housing and Community Services Department may make grants and loans for the purpose of financing capitalized project costs (including but not limited to project management or consultant fees that are related to project development) but not for the purpose of financing planning or technical assistance or other administrative or operating costs. It is the policy of Oregon Housing and Community Services Department that, in general, payment from the Fund for hours worked by anyone employed by, and paid through the payroll of the applicant or recipient of the funds is not an eligible cost. Work will be performed by an independent contractor and hours worked or job cost billed will be presented by invoice. Any exception to this policy will be pre-approved in writing by the Director of Oregon Housing and Community Services Department. The requested exception will show that the use of employees provides a clear benefit to the project. Each request will include the applicant’s cost allocation methodology and payroll procedures to ensure they have sufficient tools in place to appropriately track employee time. Each request for payment from the Fund for hours worked by employees will include a statement that hours billed are correct and appropriate, and will be documented with time-keeping data. In no circumstance will the Fund pay for staff time associated with the entity’s operations. (2) The Department may make a grant instead of a loan for a project which otherwise complies with the requirements of this OAR 813, division 140 where repayment of the amount disbursed by the Fund for the project is inappropriate or the recipient would have insufficient capacity to repay the amount disbursed based on cash flow projections or documentation submitted with the application. (3) The costs and expenses of the Department necessary for the administration of the Fund and the grants and loans made from the Fund. These costs and expenses may include the amounts necessary for the administration of the Fund through the Small Community Incentive Fund or the servicing of loans and grants made by the Fund, pursuant to a contract with the Department. Statutory/Other Authority: ORS 458.705 - 458.740 Statutes/Other Implemented: ORS 458.705 - 458.740 History: OHCS 17-2006, f. & cert. ef. 9-15-06 OHCS 5-2006(Temp), f. & cert. ef. 3-29-06 thru 9-24-06 OHCS 16-2002, f. & cert. ef. 11-25-02 OHCS 11-2002(Temp), f. & cert. ef. 9-5-02 thru 11-25-02 OHCS 7-2002(Temp), f. & cert. ef. 5-30-02 thru 11-25-02