justicedao/ipfs_state_laws huggingface dataset:
813-007-0020 Annual Registration Notification Reminders and Confirmation (1) The department shall send an email reminder notice to each landlord or landlord’s agent that holds a current registration of a facility in November of the year previous to the due date of January 1 for each year. Notice shall be sent by US Mail if no email is provided by the landlord or landlord’s agent. (2) The department shall send a confirmation notice that the registration and payment were received via email to the landlord or landlord’s agent email address on file with the department within 45 days of receipt. Notice shall be sent by US Mail if no email is provided by the landlord or landlord’s agent. (3) The department may exempt a registration, and the landlord or landlord's agent is not required to pay the registration, for the following situations: (a) Facility has been sold or closed. (b) Facility has been damaged or destroyed from a natural disaster. (c) Facility no longer meets criteria of a facility. Statutory/Other Authority: 2005 OL Ch. 619, Sec 2-4, 2009 OL Ch. 816 & ORS 456.555 Statutes/Other Implemented: 2009 OL Ch. 816 & ORS 456.555 History: OHCS 6-2025, amend filed 03/19/2025, effective 03/20/2025 OHCS 21-2018, amend filed 12/21/2018, effective 12/21/2018 OHCS 1-2010, f. & cert. ef. 1-7-10
813-007-0025 Continuing Education Requirements and Notifications for Facility Landlord/ Landlord Agents (1) Continuing education classes for landlord or landlord's agent are listed on the department’s website and updated annually. (2) Continuing education classes are offered online and in-person. (3) At least one landlord or landlord's agent from each facility is required to attend landlord training once every two years. The due date is based on the date landlord or landlord’s agent completed training the previous two years. (4) A new landlord or landlord's agent has 75 days from hired date or purchase date to complete training. (5) The department annually sends an email reminder notice regarding continuing education requirements under this section to the landlord or landlord’s agent email address in the facility registration. Notice is mailed by US Mail if no email address is on file for the landlord or landlord's agent. (6) The department sends a reminder to each landlord or landlord’s agent at least one month before the due date of the required continuing education. (7) The department may exempt a landlord or landlord's agent from continuing education requirement, and is not required to attend continuing education classes, for the following situations: (a) Facility has been sold or closed. (b) Facility has been damaged or destroyed from natural disaster. (c) Facility no longer meets criteria of a facility. Statutory/Other Authority: 2009 OL Ch. 816, Sec. 2-4, 2005 OL Ch. 619, Sec 9 & ORS 456.555 Statutes/Other Implemented: 2009 OL Ch. 816, Sec. 2-4 & ORS 456.555 History: OHCS 6-2025, amend filed 03/19/2025, effective 03/20/2025 OHCS 3-2021, amend filed 02/26/2021, effective 02/26/2021 OHCS 21-2018, amend filed 12/21/2018, effective 12/21/2018 OHCS 1-2010, f. & cert. ef. 1-7-10
813-007-0030 Approval of Statewide Nonprofit Trade Association Trainers (1) The department provides a list on the department’s website of the statewide non-profit trade associations that provide continuing education instruction for landlord and landlord agents. (2) Non-profit trade associations may apply to be authorized to provide continuing education instruction to landlord and landlord agents by requesting an application from the department. The department may revoke the authorization of an approved association at any time. (3) Non-profit trade associations approved to provide the continuing education shall make records available to the department and shall allow department personnel to attend any of its training sessions at no cost. Statutory/Other Authority: 2005 OL Ch. 619, Sec 2-4, 2009 OL Ch. 816, Sec 9 & ORS 456.555 Statutes/Other Implemented: 2009 OL Ch. 816, Sec 9 & ORS 456.555 History: OHCS 6-2025, amend filed 03/19/2025, effective 03/20/2025 OHCS 1-2010, f. & cert. ef. 1-7-10
813-007-0057 Civil Penalty Schedule (1) Landlords and landlord agents are subject to a civil penalty for each act of noncompliance, according to the following schedule of penalties: (a) Failure to register and to pay registration fee: an amount not to exceed $1,000 (b) Failure to register only: an amount not to exceed $500. (c) Failure to pay registration fee only: an amount not to exceed $500. (d) Late submission of a registration or submission of an incomplete or inaccurate registration: an amount not to exceed $300. (e) Late submission of registration fee or submission of less than the full amount of the registration fee: an amount not to exceed $300. (f) Failure to satisfy continuing education requirements: an amount not to exceed $1,000. (2) A civil penalty assessed against a landlord or landlord’s agent is subject to modification by the department before the date on which the order becomes final if the department determines that mitigating circumstances justify the modification. Statutory/Other Authority: OL 2009, Ch 816, Sec 9 & ORS 456.555 Statutes/Other Implemented: OL 2005, Ch 619, Sec 4 & ORS 456.555 History: OHCS 6-2025, amend filed 03/19/2025, effective 03/20/2025 OHCS 5-2011, f. & cert. ef. 3-21-11 OHCS 14-2010(Temp), f. & cert. ef. 9-23-10 thru 3-21-11
813-009-0001 Purpose and Objective OAR 813, division 9, is promulgated to accomplish the general purpose of ORS 90.800 through 90.840 and 456.579 to 456.581, which authorize the Housing and Community Services Department to provide certain assistance to qualified tenants' associations, tenants’ association supported nonprofit organizations, and Facility Purchase Associations in purchasing their Manufactured Dwelling Park. The Manufactured Dwelling Park Purchase Program, established by these rules, is designed to assist Manufactured Dwelling Park residents in gaining control, through joint ownership of their Park, over rising rents and thereby avoid a declining quality of living. Statutory/Other Authority: ORS 90.800–90.840, 90.630, 183, 446, 456.515–456.723 & 458.210–458.650 Statutes/Other Implemented: ORS 456.579–456.581 History: OHCS 16-2006, f. & cert. ef. 8-28-06 Reverted to HSG 8-1991, f. & cert. ef. 12-23-91 OHCS 4-2006(Temp), f. & cert. ef. 2-10-06 thru 8-8-06 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 15-1990, f. & cert. ef. 12-4-90
813-009-0005 Definitions The meanings of words and terms used in OAR chapter 813, division 009, are consistent with definitions in the Act, in 813-009-0005 and below. As used in chapter 813, division 009, unless the context indicates otherwise: (1) “Act” means ORS 456.515 through 456.725, and, where applicable, ORS 90.800 through 90.840. (2) “Facility Purchase Association” means a group of three or more tenants who reside in a Manufactured Dwelling Park and have organized for the purpose of the eventual purchase of the Park. (3) “Initial Costs” means costs incurred in the purchase of the Park by the residents. Such costs may include, but are not limited to: (a) Legal fees; (b) Appraisal fees; (c) Engineering fees; (d) Professional fees associated with Park evaluation and management; and (e) Other costs or fees approved by the Department. (4) “Manufactured Dwelling Park” or “Park” means a facility for the location and use of manufactured housing, as the term “manufactured housing” is used in ORS 456.615, whether the facility is characterized as a “Mobile Home Park” or a “Manufactured Dwelling Park”. (5) “Manufactured Dwelling Park Purchase Program” or “Program” means the process by which the Department makes discretionary loans from the Park Purchase Account pursuant to the Act and these rules. (6) “Park Purchase Account” means the Mobile Home Parks Purchase Account established under ORS 456.579 for the purpose of providing technical assistance related to, and loans to pay Initial Costs for, purchasing Manufactured Dwelling Parks. (7) “Qualified Facility Purchase Association” means a Facility Purchase Association that: (a) Is established pursuant to ORS 90.815; (b) Includes more than 50 percent of the tenants residing in the Park; and (c) Demonstrates, to the satisfaction of the Department, that the Park purchase by the association is econmically feasible. Statutory/Other Authority: ORS 90.800–90.840, 90.630, 183 & 446, 456.515–456.723 & 458.210–458.650 Statutes/Other Implemented: ORS 456.579–456.581 History: OHCS 16-2006, f. & cert. ef. 8-28-06 Reverted to HSG 8-1991, f. & cert. ef. 12-23-91 OHCS 4-2006(Temp), f. & cert. ef. 2-10-06 thru 8-8-06 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 15-1990, f. & cert. ef. 12-4-90
813-009-0010 Application Procedure and Requirements (1) A Qualified Facility Purchase Association, a tenants’ association, or a tenants’ association supported nonprofit organization, may submit to the Department an application for a loan for Initial Costs for purchasing the Manufactured Dwelling Park in which its members reside. (2) The Department may loan funds from the Park Purchase Account to such qualifying entities to cover Initial Costs in the purchase of a Manufactured Dwelling Park subject to factors including, but not limited to: (a) Loan limitations established from time to time by the Department; (b) Feasibility considerations made by the Department with respect to the proposed purchase; (c) Competing requests for Park Purchase Account funds; and (d) A maximum aggregate loan limit of $100,000 to any such entity. Furthermore, the Department may from time to time elect to restrict or reduce the availability of Park Purchase Account funds for Program loans in order to conserve such funds in any manner that it seems prudent. (3) All applications for assistance from the Park Purchase Account will be in writing, delivered to the Department, and will contain at a minimum the following information: (a) A copy of the relevant articles of incorporation for the applicant; (b) The name, address, and telephone number of all officers of the applicant; (c) Documentation satisfactory to the Department that any applicant of theQualified Facility Purchase Association represents at least fifty percent of all facility residents; and (d) A detailed projection, satisfactory to the Department, of anticipated expenditures related to the proposed purchase of the facility. Statutory/Other Authority: ORS 90.800–90.840, 90.630, 183, 446, 456.515–456.723 & 458.210–458.650 Statutes/Other Implemented: ORS 456.579–456.581 History: OHCS 16-2006, f. & cert. ef. 8-28-06 Reverted to HSG 8-1991, f. & cert. ef. 12-23-91 OHCS 4-2006(Temp), f. & cert. ef. 2-10-06 thru 8-8-06 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 15-1990, f. & cert. ef. 12-4-90
813-009-0015 Application Review (1) The Department will reasonably act to acknowledge receipt of the application and to request any additional information concerning the application within 30 calendar days of its receipt of the application. (2) The Department will reasonably act to advise the applicant in writing of the action taken by the Department with respect to the application within 60 calendar days of the Department’s receipt of the application and any additional information requested by the Department. (3) In reviewing an application for a loan, the Department may consider factors including, but not limited to the following: (a) Factors related to the availability of Park Purchase Account funds and the timing or amount of any loan as referenced in OAR 813-009-0010; (b) The accuracy and responsiveness of the application; (c) The validity and organizational integrity of the applying entity; (d) Whether or not the applying entity is a Qualified Facility Purchase Association and, if so, the percentage of residents in the Park that it represents. (e) The availability of other sources of funds or assistance for the purchase of the Park and associated costs. Preference in the evaluation of applications may be given by the Department to Qualified Facility Purchase Associations and, among such associations, to those with the higher level of resident representation. Statutory/Other Authority: ORS 90.800–90.840, 90.630, 183, 446, 456.515–456.723 & 458.210–458.650 Statutes/Other Implemented: ORS 456.579–456.581 History: OHCS 16-2006, f. & cert. ef. 8-28-06 Reverted to HSG 8-1991, f. & cert. ef. 12-23-91 OHCS 4-2006(Temp), f. & cert. ef. 2-10-06 thru 8-8-06 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 15-1990, f. & cert. ef. 12-4-90
813-009-0020 Type of Loan Assistance (1) The Department will confirm in writing to an applicant the amount of assistance, if any, to be provided from the Park Purchase Account. Any assistance will be in the form of a loan made pursuant to a controlling written instrument. (2) The Department will establish the terms of the loan, including (without limitation) its duration, interest rate and repayment schedule at or prior to its issuance. Without the written approval of the Director, the following loan limitations will apply: (a) The initial duration of the loan shall not exceed three years; (b) The initial interest rate on the loan shall not exceed the short-term money-market rate at the time of loan funding; and (c) The loan installment payment due dates shall not be less than every three months. (3) Successful applicants will submit vouchers, billings or paid receipts for Initial Costs to the Department, in form and content satisfactory to the Department, for the Department’s approval, prior to loan funds disbursement. Approval will be at the sole discretion of the Department. Upon approval by the Department, proceeds of the loan will be disbursed to vendors and/or to the successful applicant as determined by the Department. (4) In addition to any other rights or remedies available under law, the Department may revoke any approval of the use of Park Purchase Account Funds, terminate all or part of any loan, accelerate all or part of the balance due on any loan and require immediate repayment of any or all of the funds advanced pursuant to a loan if any of the terms or conditions of the loan are not timely and completely satisfied. Statutory/Other Authority: ORS 90.800–90.840, 90.630, 183, 446. 456.515–456.723 & 458.210–458.650 Statutes/Other Implemented: ORS 456.579–456.581 History: OHCS 16-2006, f. & cert. ef. 8-28-06 OHCS 4-2006(Temp), f. & cert. ef. 2-10-06 thru 8-8-06 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 15-1990, f. & cert. ef. 12-4-90
813-009-0035 Waiver The Director, with the concurrence of the Council, may waive or modify any requirements of OAR 813, division 009, unless such waiver or modification would violate applicable state or federal law. Statutory/Other Authority: ORS 90.800–90.840, 90.630, 813, 446, 456.515–456.723 & 458.210–458.650 Statutes/Other Implemented: ORS 456.579–456.581 History: OHCS 16-2006, f. & cert. ef. 8-28-06
813-010-0006 Purpose and Objectives OAR chapter 813, division 10 is promulgated to carry out the provisions of ORS 456.515 through 456.725, as they pertain to the administration by the Housing and Community Services Department (Department) of the Multi-Unit Housing Program. These rules and the related determinations constitute the Department’s Multi-Unit Housing Program. The purpose of the program is to provide financing for the construction, rehabilitation and acquisition of multiunit housing in the State of Oregon for persons and families of lower income, while providing sufficient safeguards to protect the financial interest of the state. Statutory/Other Authority: ORS 183, 456.515 - 456.725 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.555 & 456.625 History: OHCS 3-2007, 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 6-1987, f. & ef. 3-10-87 1HD 8-1984, f. & ef. 9-4-84 1HD 2-1979, f. & ef. 6-29-79
813-010-0011 Definitions (1) All terms used in OAR chapter 813, division 010, are defined in the Act, in OAR 813-005-0005 and herein. (2) As used in OAR chapter 813, division 010, unless the context indicates otherwise: "Multi-Unit Project" or "Project" means housing containing more than one living unit for lower income families or persons, and/or disabled persons, but not providing continuous nursing care. Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.555 & 456.625 History: OHCS 3-2007, 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 8-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 6-1987, f. & ef. 3-10-87 1HD 8-1984, f. & ef. 9-4-84 1HD 2-1979, f. & ef. 6-29-79
813-010-0016 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) Availability of street, sewer, water, utilities and other public services. (3) Availability of public transportation. (4) Financial feasibility of the Project. (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 prospective Borrower. (9) The experience of the developer, contractors, architects, consultants and management agent in developing, constructing and operating housing projects. Statutory/Other Authority: ORS 183, 456.515 - 456.725 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.625 & 456.666 History: OHCS 3-2007, 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 8-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 6-1987, f. & ef. 3-10-87
813-010-0021 Form of Loan Assistance (1) The Department shall make loans to Eligible 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 fees, charges, premiums and interest rates, repayment terms, performance criteria and reporting requirements as the Department considers appropriate or necessary for the type, use and amount of Loan provided, including but not limited to the following terms: (a) The cost of borrowing through Bond issuance; (b) The funds required to carry out the Multi-Unit Housing Program; (c) Such other factors as the Department considers appropriate or necessary. (3) The Borrower shall comply with the provisions of the Program rules and the Act. If the Borrower does not comply, the Department may revoke its Commitment or approval and/or demand repayment of all or a portion of the loan funds advanced. (4) 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 the purposes of the Program rules and the Act. Statutory/Other Authority: ORS 183, 456.515 - 456.725 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.515 - 456.720 History: OHCS 3-2007, 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 8-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 6-1987, f. & cert. ef. 3-10-87 1HD 8-1984, f. & cert. ef. 9-4-84 1HD 11-1983, f. & cert. ef. 12-1-83 1HD 2-1982, f. & cert. ef. 1-4-82 1HD 4-1981, f. & cert. ef. 3-31-81 1HD 2-1981, f. & cert. ef. 1-30-81 1HD 15-1980, f. & cert. ef. 12-4-80 1HD 13-1980, f. & cert. ef. 8-8-80 1HD 8-1980, f. & cert. ef. 4-2-80 1HD 5-1980, f. & cert. ef. 3-19-80 1HD 2-1979, f. & cert. ef. 6-29-79
813-010-0029 Transfer of Ownership (1) A 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. (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 or limited liability company owner's interest; (e) Any individual interest when the ownership is not a limited partnership, general partnership, joint venture, limited liability company or corporation, or (f) Any lease of the property (except tenant leases done in the normal operation of the property). (3) The Department may require a transfer application charge from owners 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. Statutory/Other Authority: ORS 183, 456.515 - 456.725 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.555 & 456.625 History: OHCS 3-2007, 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 8-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 6-1987, f. & ef. 3-10-81 HSG 2-1987(Temp), f. & ef. 2-5-87 1HD 8-1984, f. & ef. 9-4-84 1HD 3-1982, f. & ef. 4-6-82 1HD 2-1981, f. & ef. 1-30-81 1HD 11-1980, f. 6-18-80, ef. 6-20-80
813-010-0032 Approved Housing Borrowers (1) Any person may apply to become a Borrower. (2) To help the Department evaluate the financial strength of a prospective Borrower to develop, own, maintain and manage a Project, the prospective Borrower shall submit any documents, credit reports and financial statements requested by the Department and consistent with the provisions of the Equal Credit Opportunity Act as it relates to the Department. Statutory/Other Authority: ORS 183, 456.515 - 456.725 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.555 & 456.625 History: OHCS 3-2007, 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 8-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 6-1987, f. & ef. 3-10-87 1HD 8-1984, f. & ef. 9-4-84 1HD 2-1979, f. & ef. 6-29-79