660-008-0335 Non-Compliance in Entering or Abiding the Terms of a Housing Acceleration Agreement A city referred to the housing acceleration program under OAR 660-008-0310 to OAR 660-008-0320 and the department must enter into a housing acceleration agreement under ORS 197A.130(6) within six months of the publication of an audit by the department. Under an adopted housing acceleration agreement, the city must take actions by deadlines specified in the housing acceleration agreement as described in OAR 660-008-0330. The department will take the following actions in response to non-compliance with a housing acceleration agreement in furtherance of timely and effective implementation of a housing acceleration agreement: (1) If the city fails to enter or abide the terms of a housing acceleration agreement under OAR 660-008-0330 by the prescribed deadline, the department must issue written notice to the city within 30 days. (a) If the department does not provide a housing acceleration agreement to the city at least 90 days before the deadline under OAR 660-008-0330(1), the city has not materially breached a term of the housing acceleration agreement. (b) If the department does not fulfill an action specified in an adopted housing acceleration agreement necessary for the local fulfilment of the agreement, including the provision of technical assistance or funding under OAR 660-008-0330(2)(a)(A), the city has not materially breached a term of the housing acceleration agreement. (2) In any notice under section (1), the department must include: (a) The date of the notice; (b) The specific delinquent actions and deadlines that the city is required to fulfill; (c) A description of the action or actions the city can take to remedy the delinquency, including timelines by which the action or actions must be taken; (d) An offer to enter formal mediation between the department and the city under section (3); (e) A description of the enforcement actions that the department will take against the city if action is not taken within 90 days, including the initiation of an enforcement order under ORS 197.320(13); and (f) A description of the potential enforcement tools provided in ORS 197.335(6) that could be applied in an enforcement order. (3) Within 30 days of the notice date, a city may request formal mediation with the department to remedy the identified delinquency. (a) If requested, the department will enter formal mediation with the city to identify specific actions and resources needed to remedy the delinquency. (b) The department may grant a limited extension to a city’s prescribed deadline in a housing acceleration agreement under OAR 660-008-0330 to accommodate the implementation of actions and resources identified in mediation. (4) Within 90 days of notice under section (1), if a local government has not taken action to remedy the delinquency described in subsection (2)(c) and has not entered formal mediation with the department, the department will initiate an enforcement order under ORS 197.320(13). In initiating an enforcement order, the department will recommend an order to the commission as authorized under 197.335(6), including: (a) The specific action or actions necessary to remedy the identified delinquency; (b) Required application of model ordinances and procedures developed by the department to all residential development within the city until the specific action or actions identified in the order are undertaken; and (c) Other enforcement provisions under ORS 197.335(6) that are relevant and necessary to remedy the identified delinquency. (5) The department may grant limited extensions to any of the deadlines of this rule for emergencies, good cause, or other factors outside of the city’s control. The department must provide a written decision within 30 days of the city’s request for a timeline extension, specifying the rationale for the extension and any revised timeline. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197A.130, ORS 197.320 & ORS 197.335 History: LCDD 15-2024, adopt filed 12/20/2024, effective 01/01/2025