justicedao/ipfs_state_laws huggingface dataset:
813-028-0070 General Administrative and Monitoring Requirements (1) A recipient of fund moneys shall furnish annual reports and other materials to the Department as required by the Department. (2) A recipient of fund moneys is subject to reviews or field inspections, or both, by the Department that the Department determines to be appropriate for ensuring compliance. (3) A recipient of fund moneys shall retain financial records, supporting documents and all other pertinent records for six years after affordability expires or after any litigation or audit claim is resolved, whichever is later. The recipient shall provide the Department access to all books, accounts, documents, records and other property belonging to or in use by the recipient and relating to the use of the fund moneys. (4) A recipient must certify final uses of preservation proceeds for tax exempt eligible uses. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: 2009 OL Ch. 906 Sec. 5 History: OHCS 11-2010, f. & cert. ef. 8-23-10 OHCS 5-2010(Temp), f. & cert. ef. 2-25-10 thru 8-23-10
813-028-0080 Noncompliance (1) At any time before the expiration of the affordability period, if the Department determines that a recipient is not in compliance with applicable requirements, the recipient shall take corrective actions required by the Department. Examples of noncompliance include but are not limited to the use of fund moneys for activities not approved in the funding agreement, the failure to complete activities in a timely manner, the failure to comply with applicable rules or regulations or the lack of a continued capacity by the recipient to carry out the approved activities. The Department may take one or more of the actions described in section (3) of this rule against a recipient who does not take the required corrective actions to the satisfaction of the Department. (2) In addition to or in lieu of a requirement of corrective action under section (1) of this rule, the Department may take one or more of the actions described in section (3) of this rule against a recipient who is not in compliance with applicable requirements if the Department determines that one or more of the following circumstances exist: (a) The Department or recipient has not disbursed moneys within one year of award by the Department. (b) A public or private party funding agreement that is related to the project is not executed within six months of the award of moneys from the fund. (c) A material breach of the funding agreement occurs, such as a failure to use the funds for eligible costs or a failure of the recipient to serve the population stated in the funding agreement. (d) The funding agreement is not recorded on the property as required by OAR 813-028-0040(2)(c) or pursuant to agreement. (e) The Department finds that significant corrective actions are necessary to protect the integrity of the award money and that the corrective actions are not or will not be made within a reasonable time. (3) The Department may take one or more of the following actions under this rule: (a) Prohibit a recipient from applying for future moneys from the fund or for other Department assistance; (b) Revoke an existing award. (c) Withhold unexpended moneys. (d) Require return of moneys disbursed to the recipient but not yet expended by the recipient. (e) Require repayment of expended moneys. (f) Payment of any legal cost associated with a review of non-compliance. (g) Invoke other remedies that may be incorporated into the funding agreement. (4) Actions that the Department may take under this rule are cumulative and not exclusive and are in addition to any other rights and remedies provided by law or under a funding agreement. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: 2009 OL Ch. 906 Sec. 5 History: OHCS 11-2010, f. & cert. ef. 8-23-10 OHCS 5-2010(Temp), f. & cert. ef. 2-25-10 thru 8-23-10
813-028-0090 Waiver The Department may waive or modify any requirements of these rules, unless such waiver or modification would violate applicable federal or state law. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: 2009 OL Ch. 906 Sec. 5 History: OHCS 11-2010, f. & cert. ef. 8-23-10 OHCS 5-2010(Temp), f. & cert. ef. 2-25-10 thru 8-23-10
813-030-0005 Purpose and Objectives The rules of OAR chapter 813, division 030, are promulgated to carry out the provisions of ORS 456.515 to 456.720 specifically 456.515 through 456.547, as they pertain to the administration by the Housing and Community Services Department (Department) of the Elderly Housing Program. These rules and the related determinations and orders of the Department constitute the Department’s Elderly Housing Program. The purpose of the program is to provide funds to finance the construction, rehabilitation and acquisition of multi-unit housing for elderly households in the State of Oregon, while providing sufficient safeguards to protect the financial interests of the state. Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.515 - 456.720 History: OHCS 2-2007, 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 11-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 7-1987, f. & ef. 3-10-87 HSG 3-1987(Temp), f. & ef. 2-5-87 1HD 11-1984, f. & ef. 9-4-84 1HD 1-1983, f. & ef. 5-20-83 1HD 4-1979, f. & ef. 9-11-79 1HD 1-1979, f. & ef. 1-16-79 1HD 1-1978(Temp), f. & ef. 7-12-78
813-030-0010 Definitions (1) All terms are used in OAR chapter 813, division 030 as defined in the Act and as provided in OAR 813-005-0005 and herein. (2) As used in these rules unless otherwise indicated by the context: (a) "Elderly Housing Project" ("Project") means housing containing more than one living unit for elderly households, but not providing continuous nursing care; (b) "Gross Household Income" means the anticipated total income from all sources received by the family head and by each additional member of the family of 18 years of age and over, including all net income derived from assets for the twelve-month period following the date of certification of income, in accordance wit the U.S. Department of Housing and Urban Development (HUD) in 24 CFR 813; (c) “Multifamily Housing” means a structure or facility which provides more than one living unit, and may provide spaces for common use by the occupants in social and recreational activities including, but not limited to, individual living units within such structures, manufactured homes and manufactured dwelling parks and residential facilities licensed under ORS 443.400 to 443.455 and other congregate care facilities with or without domiciliary care. Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.515 - 456.720 History: OHCS 2-2007, 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 11-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 7-1987, f. & cert. ef. 3-10-87 HSG 3-1987(Temp), f. & cert. ef. 2-5-87 1HD 11-1984, f. & cert. ef. 9-4-84 1HD 5-1984, f. 7-5-84, cert. ef. 7-8-84 1HD 3-1984(Temp), f. & cert. ef. 5-25-84 1HD 8-1983(Temp), f. & cert. ef. 11-7-83 1HD 7-1981, f. & cert. ef. 4-7-81 1HD 5-l981, f. & cert. ef. 3-31-81 1HD l-1980, f. & cert. ef. 12-4-80 1HD 9-1980, f. & cert. ef. 4-2-80 1HD 6-1980, f. & cert. ef. 3-19-80 1HD 4-1979, f. & cert. ef. 9-11-79 1HD 1-1979, f. & cert. ef. 1-16-79 1HD 1-1978(Temp), f. & cert. ef. 7-12-78
813-030-0020 Form of Loan Assistance (1) The Department shall make loans to Borrowers under the terms of written Commitments. (2) Loans shall be made directly with proceeds from the issuance of bonds or other available funds obtained by the Department. The Department may establish charges and interest rates based upon: (a) The cost of borrowing through bond issuance; (b) The funds required to carry out the Elderly Housing Program; and (c) Such other factors as the Department considers appropriate or necessary. (3) Interest on a loan shall not exceed the rate stated in the Commitment. If the Department is able to charge an interest rate lower than that specified in the Commitment, the Department may provide for the reduction of interest payment on the loan. The Department may require a reduction on the Project rents. (4) The Department shall not execute a Commitment to an Eligible Borrower for a loan amount that exceeds allowable total Project costs or 85 percent of the appraised value, whichever is less, of the Project. (5) Each loan shall have a final maturity of not more than 42 years from the date of its making and shall be secured by a first lien deed of trust granted by the Borrower on the property securing the loan. (6) Loan documents shall be on forms approved by the Department. (7) Each loan shall provide for the monthly collection of Escrow Payments to the extent provided by law together with the monthly installment of principal and interest. All such payments shall be: (a) Held for the benefit of the Department in an account with an Approved Servicer; or (b) Held by the State of Oregon as provided or required by law. (8) If the Department receives loan applications in an amount greater than the amount of funds available, the Department shall select those applications which, in the judgment of the Department, best achieve purposes of the program rules and the Act. (9) The Department shall establish prepayment penalties applicable to loans. In setting such penalties, the Department shall take into account the need to protect the ability of the state to provide for the payment of the Bonds. Any prepayment penalties shall be set forth in the trust deed note. Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.515 - 456.720 History: OHCS 2-2007, 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 11-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 7-1987, f. & ef. 3-10-87 HSG 3-1987(Temp), f. & ef. 2-5-87 1HD 11-1984, f. & ef. 9-4-84 1HD 15-1980, f. & ef. 12-4-80 1HD 4-1979, f. & ef. 9-11-79 1HD 1-1979, f. & ef. 1-16-79 1HD 1-1978(Temp), f. & ef. 7-12-78
813-030-0025 Loan Security Notwithstanding any other provision contained in the program rules, the Department shall not disburse funds for a loan until: (1) The loan is secured by a fully executed trust deed note and first lien trust deed or other evidence of security; and (2) The Eligible Borrower has satisfied all conditions contained in a Commitment. 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 2-2007, 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 11-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 7-1987, f. & ef. 3-10-87 HSG 3-1987(Temp), f. & ef. 2-5-87 1HD 11-1984, f. & ef. 9-4-84 1HD 4-1979, f. & ef. 9-11-79 1HD 1-1979, f. & ef. 1-16-79 1HD 1-1978(Temp), f. & ef. 7-12-78
813-030-0030 Eligible Elderly Housing Projects (1) The Department shall evaluate each Project for consistency with the Department's interpretation of sound architectural design and prudent underwriting standards as established in OAR 813-030-0031. (2) In order to qualify for a loan, a Project shall: (a) Be approved by the Department with respect to site; location; market demand; financial feasibility; qualifications of general contractor, management agent and developer; appraisal; financial strength and credit worthiness of the Eligible Borrower ; management plan; final architectural package; Eligible Borrower’s organizational documents; American Land Title Association (ALTA) title report; and any other information the Department shall require; (b) Meet all applicable state and local land use and zoning requirements, housing codes, licensing, and similar requirements; (c) Be in compliance with federal regulations, state statutes and Program rules; (d) Be located in the State of Oregon; and (e) Remain affordable in terms of the loan documents. Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.515 - 456.720 History: OHCS 2-2007, 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 11-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 7-1987, f. & ef. 3-10-87 HSG 3-1987(Temp), f. & ef. 2-5-87 1HD 11-1984, f. & ef. 9-4-84 1HD 5-1984, f. 7-5-84, ef. 7-8-84 1HD 3-1984(Temp), f. & ef. 5-25-84 Reverted to 1HD 15-1980, f. & ef. 12-4-80 1HD 8-1983(Temp), f. & ef. 11-7-83 1HD 15-1980, f. & ef. 12-4-80 1HD 4-1979, f. & ef. 9-11-79
813-030-0031 Standard Underwriting Criteria In approving or disapproving any loan application, the Department and the Housing Stability Council shall consider, in addition to requirements elsewhere stated in the Program rules, the following criteria: (1) The location of the Project site, including its proximity to transportation, shopping, social, commercial and recreational facilities, medical services and such other facilities and services as shall best serve the prospective residents; (2) Financial feasibility of the Project; (3) Availability of street, sewer, water, utilities and other public services; (4) Availability of public or private transportation; (5) Architectural design, including aesthetic quality, soundness of construction, energy efficiency, and suitability to the needs of the residents to be served; (6) Compliance with applicable local comprehensive plan and land use regulations; (7) Market demand; (8) The financial strength, credit reputation and history of the Eligible Borrower; and (9) The experience of the developer, contractors, architects, consultants and management agent in developing, constructing and operating housing projects. Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.515 - 456.720 History: OHCS 2-2007, 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 11-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 7-1987, f. & ef. 3-10-87 HSG 3-1987(Temp), f. & ef. 2-5-87 1HD 11-1984, f. & ef. 9-4-84 1HD 5-1984, f. 7-5-84, ef. 7-8-84 1HD 3-1984(Temp), f. & ef. 5-25-84 Reverted to 1HD 1-1983, f. & ef. 5-20-83 1HD 8-1983(Temp), f. & ef. 11-7-83 1HD 1-1983, f. & ef. 5-20-83
813-030-0032 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, car-ports, 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 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.515 - 456.720 History: OHCS 2-2007, 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 11-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 7-1987, f. & ef. 3-10-87 HSG 3-1987(Temp), f. & ef. 2-5-87 1HD 11-1984, f. & ef. 9-4-84 1HD 7-1981, f. & ef. 4-7-81 1HD 5-1981, f. & ef. 3-31-81
813-030-0034 Interim Loans (1) The Department may from time to time make available funds for construction, acquisition and/or rehabilitation, or other financing of Elderly Housing Projects, for a term not to exceed two years. (2) Notwithstanding any other requirements of OAR chapter 813, division 030, the Department may, as funds are available, solicit applications for the use of such funds. Applications 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 applications received in accordance with program policies and priorities approved by the Housing Stability Council, and with applicable requirements of OAR chapter 813, division 30. 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 2-2007, 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
813-030-0035 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 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 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.515 - 456.720 History: OHCS 2-2007, 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 11-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 7-1987, f. & ef. 3-10-87 HSG 3-1987(Temp), f. & ef. 2-5-87 1HD 11-1984, f. & ef. 9-4-84 1HD 15-1980, f. & ef. 12-4-80 1HD 9-1980, f. & ef. 4-2-80 1HD 6-1980, f. & ef. 3-19-80 1HD 4-1979, f. & ef. 9-11-79 1HD 1-1979, f. & ef. 1-16-79 1HD 1-1978(Temp), f. & ef. 7-12-78
813-030-0044 Loan Closing Before the loan closing takes place, the Department shall provide to 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 received and approved: (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) Certificate of occupancy from the local government, or final inspection report, as required; (5) Notice of Completion; (6) Commercial leases (if applicable); (7) Ground leases (if applicable); (8) Any other relevant leases; (9) Tax abatement approval; (10) American Land Title Association (ALTA) mortgagee's preliminary title insurance report from the title company of the 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 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.515 - 456.720 History: OHCS 2-2007, f. & cert. ef. 1-11-07 Reverted to HSG 11-1989, f. & cert. ef. 11-3-89 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 11-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 7-1987, f. & ef. 3-10-87 HSG 3-1987(Temp), f. & ef. 2-5-87 1HD 11-1984, f. & ef. 9-4-84
813-030-0047 Commitment Fee and Other Charges (1) The Department shall charge a non-refundable Commitment fee up to two percent of the loan. (2) The Eligible Borrower shall include the fee with the Eligible Borrower's signed acceptance of the Commitment returned to the Department. (3) The Commitment fee shall not be deducted from the Borrower's equity requirement. (4) The Department may charge other fees or charges, as needed, to cover the costs and reduce the financial risk to the Department's of issuing bonds. Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.515 - 456.720 History: OHCS 2-2007, 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 11-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 7-1987, f. & ef. 3-10-87 HSG 3-1987(Temp), f. & ef. 2-5-87 1HD 11-1984, f. & ef. 9-4-84