justicedao/ipfs_state_laws huggingface dataset:
813-310-0100 Remedies At their own expense, applicants, owners or developers of any development subject to the rules of this division shall prepare, execute and record, in form, manner and content as the Department may require, such documents as the Department may require, including but not limited to restrictive covenants addressing among other things the development and maintenance of visitability standards. In addition to any other rights arising thereunder, or otherwise available at law, the Department may withhold the reimbursement of development subsidies because of noncompliance with the terms of those documents. Statutory/Other Authority: ORS 183 & 456.514 Statutes/Other Implemented: ORS 456.506 - 456.514 History: OHCS 3-2004, f. & cert. ef. 6-28-04
813-310-0105 Effective Date The rules in OAR 813-310 become operative July 1, 2004. Statutory/Other Authority: ORS 183 & 456.514 Statutes/Other Implemented: ORS 456.506 - 456.514 History: OHCS 3-2004, f. & cert. ef. 6-28-04
813-310-0110 Waiver The Department may waive or modify any requirement of OAR 813-310, unless such waiver or modification would violate applicable state or federal statutes or regulations. Statutory/Other Authority: ORS 183 & 456.514 Statutes/Other Implemented: ORS 456.506 - 456.514 History: OHCS 3-2004, f. & cert. ef. 6-28-04
813-350-0005 Purpose and Objectives OAR 813, division 350 is promulgated to accomplish the general purposes of ORS 456.515 to 456.725, and more specifically, of 456.625(12) and 456.625(16), which respectively authorize the Department to implement actions that the Department deems necessary or appropriate to carry out housing and community services programs, and to employ certain funds, inter alia, for loan guarantees. The General Guarantee Program as set forth in this Division establishes the process by which the Department may provide such loan guarantees to lenders, and lease guarantees to sponsors and leasing companies for the development of suitable housing for low and very-low income families and individuals including, but not limited to, disabled persons, farmworkers, and ex-offenders. Statutory/Other Authority: ORS 183, 456.555(2) & 456.625(12)(16) Statutes/Other Implemented: ORS 456.625(12)(16) History: OHCS 2-2003, f. & cert. ef. 5-1-03
813-350-0010 Definitions (1) Words and terms are used in OAR 813, division 350, consistently with definitions in the Act, in 813-005-0005 and herein. (2) As used in OAR 813, division 350, unless otherwise indicated by the context: (a) “Control” means the ownership, management, or maintenance of a housing project; (b) “Employer(s)” also means relatives, agents, or associations of employers; (c) “Ex-Offender” means an offender returning to the community from prison or from local control jail sentences. (d) “Farmworker” means any person working in connection with: cultivating the soil, raising or harvesting any agricultural or aquacultural commodity; catching, netting, handling, planting, drying, grading, storing, or preserving in its unmanufactured state any agriculture or aquaculture commodity; delivering to storage, market, or a carrier for transportation to market, or to processing, any agriculture or aquaculture commodity; forestation or reforestation of land, including but not limited to, the planting, transportation, tubing, precommercial thinning of trees and seedlings, the clearing, pulling, and disposal of brush and slash, and other related activities; or as otherwise determined by the Department in the exercise of its authority; (e) “Leasing Company” means a bank, finance company, or other person or entity, that in the ordinary course of business, acquires goods or the right to possession and use of goods and transfers the right to possession and use of such goods under a lease; (f) “Lender” means financial institutions, including but not limited to, state and federal regulated banks, credit unions, savings and loans, savings banks, finance companies, life insurance companies, pension funds, mortgage bankers, and other public or private lending consortiums; (g) “Low Income” means an individual or household with an adjusted annual household income that is more than 50 percent, but less than 80 percent of the area median income, as determined by the Department based on information including, but not limited to data from the United States Department of Housing and Urban Development, with allowances for family size; (h) “Very-Low Income” means an individual or household with an adjusted annual household income that is 50 percent or less of the area median income, as determined by the Department based on information including, but not limited to data from the United States Department of Housing and Urban Development, with allowances for family size. Statutory/Other Authority: ORS 183, 456.555(2) & 456.625(12)(16) Statutes/Other Implemented: ORS 456.515 - 456.725 History: OHCS 2-2003, f. & cert. ef. 5-1-03
813-350-0020 Source of Guarantee Funding The Department may provide loan and lease guarantees under this division from: (1) Unrestricted cash and investments of the Department made available for use as loan and lease guarantees, not needed for operations of the Department and not otherwise determined by the Director to be a necessary or prudent reserve; (2) Resources made available to the Department for loan and lease guarantees from other financial institutions, including but not limited to, Federal Home Loan Bank and Fannie Mae; and (3) Appropriations for this purpose. Statutory/Other Authority: ORS 183, 456.555(2) & 456.625(12)(16) Statutes/Other Implemented: ORS 456.515 - 456.725 History: OHCS 2-2003, f. & cert. ef. 5-1-03
813-350-0030 Eligibility for Guarantees (1) The Department may provide guarantees for the partial repayment of loans made by lenders to finance the construction, development, acquisition, and/or rehabilitation of, and/or for the partial repayment of leases made by sponsors or leasing companies to facilitate the equipping, development or operation of: (a) Suitable housing for low and/or very-low income persons and households including, but not limited to, suitable housing for disabled persons, farmworkers, and suitable transitional housing for ex-offenders; (b) The commercial component of a structure that contains both commercial property and suitable housing for low and/or very-low income individuals and households; or (c) Both (a) and (b). (2) The Department may not: (a) Issue any loan guarantee under this division that guarantees the repayment of more than 25 percent of any qualifying loan obligation; (b) Issue any loan or lease guarantee under this division equal to or in excess of $100,000 without obtaining the prior approval of the Housing Stability Council; (c) Issue any single loan or lease guarantee under this division in excess of $1,000,000; (d) Issue loan and lease guarantees under this division in an aggregate outstanding amount in excess of $4,000,000; and (3) The Department may choose at any time not to maximize its loan and/or lease guarantee authority under this division. Statutory/Other Authority: ORS 183, 456.555(2) & 456.625(12)(16) Statutes/Other Implemented: ORS 456.515 - 456.725 History: OHCS 1-2004, f. & cert. ef. 4-8-04 OHCS 8-2003(Temp), f. & cert. ef. 10-13-03 thru 4-9-04 OHCS 2-2003, f. & cert. ef. 5-1-03
813-350-0040 Application Procedure and Requirements (1) To obtain a loan or lease guarantee under this division, a lender, sponsor or leasing company must submit a request for a loan or lease guarantee to the Department, in form and content satisfactory to the Department. (2) The request must include the following documents and information, all in form and content satisfactory to the Department: (a) A written description of the project needing credit enhancement including, but not limited to, the number of units, unit mix, proposed rents, site location and amenities; (b) A statement of the project purpose indicating the housing type and residents to be housed; (c) A proforma of project expenses and income; (d) The loan and/or lease guarantee amount requested; (e) A statement of total project development costs, including a description of all additional project funding and credit enhancement sources; (f) A description of the sponsor/developer/owner/manager experience in developing and operating housing projects; and (g) Such other documents and information as the Department may require. (3) The Department may identify periods of time when it will accept or not accept loan and/or lease guarantee applications. (4) The Department may solicit requests for loan and/or lease applications. Statutory/Other Authority: ORS 183, 456.555(2) & 456.625(12)(16) Statutes/Other Implemented: ORS 456.515 - 456.725 History: OHCS 2-2003, f. & cert. ef. 5-1-03
813-350-0050 Criteria for Guarantees (1) The Department has no obligation to issue any loan and/or lease guarantee in response to any loan and/or lease guarantee request made pursuant to this division. (2) In evaluating whether or not to provide a loan and/or lease guarantee, or the amount of any such guarantee, the Department may consider factors including, but not limited to the following: (a) The responsiveness and accuracy of the request; (b) The need of the project for the guarantee; (c) The availability of other credit enhancement vehicles; (d) The credit worthiness of the project; (e) The experience and ability of the project sponsor; (f) The experience and ability of the lender and/or leasing company; (g) The location and need for the project; (h) The availability of Department funds and guarantee authority; (i) The Department’s experience with and/or the reputation of the lender, leasing company and/or sponsor, including without limitation, any of their agents, representatives, employees or contractors; (j) The amount, quality, and duration of suitable lower income housing to be provided or enabled by the project; (k) The mix of low and very-low income housing to be provided or enabled; and (l) Any other information obtained by or made available to the Department. (3) The Department may give a preference for a loan and/or lease guarantee based upon factors including, but not limited those described in subparagraph (2) and to the following: (a) Providing the greatest number of suitable housing units constructed, acquired, developed or rehabilitated for the least amount of guarantee, granted or committed; (b) The longest possible use for the units as lower income housing units; (c) Providing suitable housing for a seasonal work force, where a critical need for housing such a work force exists; and (d) Providing suitable housing for specific populations, which have historically faced barriers in finding housing, and which are identified as having a priority in the Consolidated Plan or its successor or in a state-acknowledged initiative; (4) In evaluating housing projects that serve a predominantly non-English speaking population, the Department may give subordinate preference to projects which mitigate the language barrier impact in the provision of supportive services. Statutory/Other Authority: ORS 183, 456.555(2) & 456.625(12)(16) Statutes/Other Implemented: ORS 456.515 - 456.725 History: OHCS 2-2003, f. & cert. ef. 5-1-03
813-350-0060 Fees (1) A nonrefundable fee of $250.00 must be submitted with each request for a loan and/or lease guarantee. (2) A lender, sponsor or leasing company receiving a loan or lease guarantee will be charged, and must pay, an annual fee of one percent of the guaranteed amount. Payment shall be remitted to the Department not less than annually as designated by the Department. All fees are nonrefundable. (3) Line of credit guarantee fees will be based by the Department, and charged, on the total credit line. (4) The Department may charge other fees, as determined necessary or appropriate by the Department to cover actual and anticipated costs of a guarantee including, without limitation, its issuance and its evaluation, or to reduce the financial risk to the Department of making a guarantee. Statutory/Other Authority: ORS 183, 456.555(2) & 456.625(12)(16) Statutes/Other Implemented: ORS 456.515 - 456.725 History: OHCS 2-2003, f. & cert. ef. 5-1-03
813-350-0070 Waiver The Director may waive or modify any requirement of OAR 813, division 350, unless such waiver or modification would violate applicable state or federal statutes or regulations. Statutory/Other Authority: ORS 183, 456.555(2) & 456.625(12)(16) Statutes/Other Implemented: ORS 456.515 - 456.725 History: OHCS 2-2003, f. & cert. ef. 5-1-03
813-360-0000 Purpose and Objectives The purpose of OAR chapter 813, division 360, of the administrative rules is to implement the Housing Choice Landlord Guarantee Program (HCLGP) as provided by ORS 456.375 to 456.390. Oregon Housing and Community Services (OHCS) is designated as the state agency responsible for administering HCLGP. The purpose of HCLGP is to provide financial assistance to landlords to mitigate damages caused by tenants who have received rental assistance under the federal Housing Choice Voucher Program or from a Rehousing Initiative. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.375 to 456.390 History: OHCS 30-2023, amend filed 11/22/2023, effective 11/22/2023 OHCS 17-2023, temporary amend filed 07/25/2023, effective 08/02/2023 through 01/28/2024 OHCS 44-2019, amend filed 12/31/2019, effective 12/31/2019 OHCS 32-2014, f. & cert. ef. 6-24-14
813-360-0010 Definitions Terms used throughout this division (OAR 813-360) 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. For the purposes of this division: (1) “Application” means a completed application in the form and format prescribed by OHCS submitted by a landlord for HCLGP assistance, inclusive of all required supporting documentation. (2) “Housing Choice Landlord Guarantee Program” or “HCLGP” means the program administered by OHCS pursuant to this division and ORS 456.375 to 456.385. (3) “Housing Choice Voucher Program” is as defined in ORS 456.375(1). (4) “Landlord” is as defined in ORS 90.100. (5) “Program assistance” or “HCLGP assistance” means eligible reimbursement funding to a landlord by OHCS from the Housing Choice Landlord Guarantee Program Fund in response to a complete application submitted to OHCS. (6) "Rehousing Initiative" is an Oregon Housing and Community Services program that authorizes resources for rehousing outcomes. (7) “Rehousing Certificate” is a physical certificate issued to a landlord by a contracted provider with Oregon Housing and Community Services authorizing resources for rehousing outcomes. (8) “Tenant” is as defined in ORS 90.100. Statutory/Other Authority: ORS 456.555 & ORS 456.378(5) Statutes/Other Implemented: ORS 456.375 to 456.390 & Chapter 57, 2021 Oregon Laws History: OHCS 30-2023, amend filed 11/22/2023, effective 11/22/2023 OHCS 17-2023, temporary amend filed 07/25/2023, effective 08/02/2023 through 01/28/2024 OHCS 1-2022, amend filed 01/07/2022, effective 01/07/2022 OHCS 44-2019, amend filed 12/31/2019, effective 12/31/2019 OHCS 32-2014, f. & cert. ef. 6-24-14
813-360-0020 Administration (1) OHCS will provide HCLGP administration or, in its sole discretion, may contract with a public or private provider for the administration of HCLGP. OHCS is not subject to the provisions of ORS Chapter 279A or 279B in procuring or executing such a contract. (2) If OHCS contracts for the administration of the HCLGP: (a) OHCS will do so in accordance with procurement procedures outlined in OAR chapter 813, division 6. (b) OHCS will provide stakeholders, including the Housing Choice Advisory Committee, as created by ORS 456.390(4), with the opportunity to provide input regarding the contract award process. (3) OHCS may expend a portion of HCLGP funds to pay administrative costs incurred in accordance with ORS 456.385(4). Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.375 to 456.390 History: OHCS 44-2019, amend filed 12/31/2019, effective 12/31/2019 OHCS 7-2019, minor correction filed 07/03/2019, effective 07/03/2019 OHCS 32-2014, f. & cert. ef. 6-24-14
813-360-0045 Reporting and Recordkeeping (1) OHCS will retain and keep accessible all HCLGP records for such time as required by applicable law and state records retention requirements. (2) OHCS will maintain reports, data and financial information of HCLGP administration in accordance with OHCS policy. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.375 to 456.390 History: OHCS 44-2019, adopt filed 12/31/2019, effective 12/31/2019
813-360-0055 Administrative Review (1) Any landlord aggrieved by the actions of OHCS in administering or providing HCLGP may submit a written request to OHCS for its review of such contested action within 30 days of that action. (2) Any OHCS review will be in the manner determined appropriate by OHCS and may include, but is not limited to, review of provided information. (3) If OHCS accepts the review request, the requesting landlord must produce all information required by OHCS, including requested affidavits or testimony. (4) OHCS adopts the procedures detailed in ORS Chapter 183 for contested cases. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.375 to 456.390 History: OHCS 44-2019, adopt filed 12/31/2019, effective 12/31/2019
813-365-0000 Purpose and Objectives The purpose of OAR chapter 813, division 365, of the administrative rules is to implement the Rent Guarantee Program (RGP) as provided by ORS 456.607 to 456.609. Oregon Housing and Community Services (OHCS) is designated as the state agency responsible for administering the program. The purpose of the RGP is to provide incentives and financial assistance to eligible landlords that rent or lease to low income tenants by mitigating unpaid rent and property damages. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.505 & 2017 Oregon Laws, Chapter 659 History: OHCS 45-2019, amend filed 12/31/2019, effective 12/31/2019 OHCS 6-2018, adopt filed 03/02/2018, effective 03/02/2018 OHCS 1-2018, temporary adopt filed 01/08/2018, effective 01/09/2018 through 07/07/2018
813-365-0011 Definitions Terms used throughout this division (OAR 813-365) 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) “Application” means an application, in form and substance, acceptable to OHCS filed by a program provider for RGP funds. (2) “Fund” means the Rent Guarantee Program Fund created within the State Treasury, separate and distinct from the General Fund. (3) “Funding agreement” means the grant agreement or other written agreement, together with all related documents required by OHCS for program funding, including those required by OHCS to be executed by or between the program provider and OHCS, all in form and substance satisfactory to OHCS in its sole discretion. (4) “Landlord” is as defined in ORS 456.607(1). (5) “Program” or “RGP” means the Rent Guarantee Program administered by OHCS pursuant to this division and ORS 456.607 to 456.609. (6) “Program Manual” or “RGP Manual” means the Rent Guarantee Program Operations Manual as described in OAR 813-365-0015. (7) "Program provider" means an organization that meets eligibility requirements, with whom OHCS has contracted to administer RGP services at the local level. (8) “Program requirements” or “RGP requirements” means these administrative rules, all funding agreement terms and conditions, department directives (including deficiency notices), the RGP Manual requirements, and any other applicable state, local, and federal laws and requirements. (9) “Program services” or “RGP services” means services as defined in OAR 813-365-0045 and the RGP Manual, which are eligible activities of the RGP. (10) “Tenant” is as defined in ORS 456.607(3). (11) “Tenant Readiness Education” means OHCS approved curriculum of personal budgeting, tenant-landlord relationships and other relevant matters taught to eligible tenants for participation in the RGP. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: 2017 Oregon Laws, Chapter 659 & ORS 458.505 History: OHCS 17-2020, amend filed 08/24/2020, effective 08/24/2020 OHCS 45-2019, amend filed 12/31/2019, effective 12/31/2019 OHCS 6-2018, adopt filed 03/02/2018, effective 03/02/2018 OHCS 1-2018, temporary adopt filed 01/08/2018, effective 01/09/2018 through 07/07/2018
813-365-0015 Manual The Rent Guarantee Program Operations Manual (RGP Manual) with the requirements and standards therein, dated May 24, 2023, is incorporated into and adopted as part of this division of administrative rules, by reference. The RGP Manual may be accessed online at the OHCS website. Statutory/Other Authority: ORS 456.555 & 456.608(10) Statutes/Other Implemented: ORS 458.505 & 456.607 to 456.609 History: OHCS 34-2025, minor correction filed 07/23/2025, effective 07/23/2025 OHCS 8-2024, amend filed 04/26/2024, effective 04/26/2024 OHCS 1-2022, amend filed 01/07/2022, effective 01/07/2022 OHCS 17-2020, adopt filed 08/24/2020, effective 08/24/2020
813-365-0021 Administration (1) OHCS, subject to applicable law, may contract with program providers to provide RGP services at the local level upon such terms as it determines to be satisfactory, in its sole discretion and subject to the OHCS rules and policies. (2) OHCS will pool available RGP funds and make such funds available in applicable amounts to program providers upon submission of RGP applications that meet all requirements established by OHCS for the form and content of an RGP application, as further defined in the RGP requirements. (3) Program providers shall comply with the terms of the funding agreement and all RGP requirements. (4) Program providers will attend and participate in RGP-related training made available or conducted by OHCS. (5) OHCS may expend a portion of RGP funds to pay administrative costs incurred in accordance with ORS 456.609(4) and RGP requirements. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.505 History: OHCS 45-2019, amend filed 12/31/2019, effective 12/31/2019 OHCS 6-2018, adopt filed 03/02/2018, effective 03/02/2018 OHCS 1-2018, temporary adopt filed 01/08/2018, effective 01/09/2018 through 07/07/2018