justicedao/ipfs_state_laws huggingface dataset:
813-066-0010 Definitions Terms used throughout OAR chapter 813, division 66 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) “Energy Efficiency Standards” means (i) the equivalent of Energy Star certification or the Northwest Energy Efficient Manufactured Home Program (“NEEM”), NEEM 1.1 or NEEM 2.0, specifications. (2) “Manufactured Dwelling Park” means a facility for the location and use of manufactured housing, as the term “manufactured housing” is used in ORS 456.548, whether the facility is characterized as a “Mobile Home Park” or a “Manufactured Dwelling Park.” (3) “Manufactured Dwelling” is as defined in ORS 458.356. (4) “Manufactured Dwelling Replacement Project” means the project of replacing an existing Manufactured Dwelling, with a new Manufactured Dwelling that is the same number of sections as the dwelling being replaced; with project costs including the base unit price of the new Manufactured Dwelling; new dwelling factory upgrades approved by OHCS; work and permits required to disconnect, remove, and decommission the old manufactured dwelling; permits required to transport both the old and new Manufactured Dwelling; and any work and permits required by applicable city, county, or state ordinance, to be completed or issued, for the delivery, site preparation, and placement of the new Manufactured Dwelling for occupancy. (5) "Homeowner" means, when referring to a Manufactured Dwelling, the person who is the registered title holder of the Manufactured Dwelling, regardless of who owns the land the Manufactured Dwelling is sited on. (6) “Natural Disaster” includes any disaster resulting in the declaration of a state of emergency under ORS 401.165 or ORS 401.309 for wildfires, floods, tsunamis, earthquakes, or similar events, including disasters that are caused by or arise from negligent or intentional acts. (7) “Project Completion” means the new, energy-efficient Manufactured Dwelling has been sited, placed, and has received a permit to occupy issued by the local building permitting authority. (8) “True Debt” means a debt of monetary value between a lender and borrower(s) that can be verified via documentation that is acceptable to the OHCS. Documentation of debt must contain loan amount, repayment terms, payment history, maturity date, and confirmation of date of execution of the debt instrument. Statutory/Other Authority: ORS 458.356 & ORS 458.358 Statutes/Other Implemented: ORS 456.555, ORS 446.003, ORS 401.165, ORS 401.309, ORS 455.010 & ORS 90.100 History: OHCS 26-2025, amend filed 06/16/2025, effective 06/16/2025 OHCS 20-2023, amend filed 08/28/2023, effective 08/28/2023 OHCS 29-2022, amend filed 10/24/2022, effective 10/24/2022 OHCS 13-2022, temporary amend filed 06/07/2022, effective 06/07/2022 through 11/20/2022 OHCS 13-2021, amend filed 12/17/2021, effective 12/17/2021 OHCS 6-2021, temporary amend filed 06/07/2021, effective 06/07/2021 through 12/03/2021 OHCS 20-2020, adopt filed 10/12/2020, effective 10/12/2020
813-066-0015 Allocation of Funds to Approved Lenders and Program Administrators The Manufactured Dwelling Replacement Program is overseen by OHCS. At OHCS discretion, program funds may be distributed consistent with OAR Chapter 813 pursuant to relevant procurement documents including, but not limited to, a Request for Proposal (RFP) or alternative procurement method. A public or private entity may apply to administer program grants and loans in a fiduciary capacity on behalf of OHCS, provided the entity also meets any additional qualifications and monitoring and administration requirements set forth in the procurement documents. Statutory/Other Authority: ORS 458.356 & ORS 458.358 Statutes/Other Implemented: ORS 456.555, ORS 446.003 & ORS 90.100 History: OHCS 26-2025, amend filed 06/16/2025, effective 06/16/2025 OHCS 20-2023, amend filed 08/28/2023, effective 08/28/2023 OHCS 13-2021, amend filed 12/17/2021, effective 12/17/2021 OHCS 20-2020, adopt filed 10/12/2020, effective 10/12/2020
813-066-0025 Homeowner Eligibility and Requirements for Program Loans Requirements for homeowner eligibility include, but are not limited to, the following: (1) The Manufactured Dwelling that is being replaced must be owned by and used as the homeowner’s primary residence a minimum of one year prior to the date of the homeowner’s Program loan application. (2) The new Manufactured Dwelling must be the homeowner’s primary residence throughout the term of the loan. (3) Homeowner’s Manufactured Dwelling and income must meet all conditions set forth in ORS 458.356. (4) Homeowner’s Manufactured Dwelling was: (a) Constructed prior to 1995 and is not being replaced due to total loss incurred through fire damage, water damage, extreme weather, acts of vandalism, or other events commonly covered by homeowner’s insurance; or (b) Constructed on any date, destroyed or lost as a result of a Natural Disaster, and was homeowner’s primary residence at the time of the Natural Disaster. (5) Homeowner has not received or been awarded any other natural disaster Manufactured Dwelling replacement loan or grant funds through OHCS. (6) Homeowner’s adjusted gross annual income is no greater than 100 percent (100%) of statewide or local area median income, whichever is greater, adjusted for household size at the time of application. (7) Homeowner has completed an OHCS approved homeownership education course. Statutory/Other Authority: ORS 458.356 & ORS 458.358 Statutes/Other Implemented: ORS 456.555, ORS 446.003, ORS 455.010 & ORS 90.100 History: OHCS 26-2025, amend filed 06/16/2025, effective 06/16/2025 OHCS 20-2023, amend filed 08/28/2023, effective 08/28/2023 OHCS 29-2022, amend filed 10/24/2022, effective 10/24/2022 OHCS 13-2021, amend filed 12/17/2021, effective 12/17/2021 OHCS 6-2021, temporary amend filed 06/07/2021, effective 06/07/2021 through 12/03/2021 OHCS 20-2020, adopt filed 10/12/2020, effective 10/12/2020
813-066-0030 Program Decommissioning and Disposal Grant Terms and Eligibility (1) There is no minimum grant amount for decommissioning and disposal of the homeowner’s current Manufactured Dwelling and the maximum grant amount allowable is the lesser of $15,000 or the cost of decommissioning and disposal of the Manufactured Dwelling. (2) Grants will be awarded to an individual or entity that meets the qualifications set forth in ORS 458.358 and applicable administrative rules. (3) Grants may be awarded when all of the following requirements are met: (a) The grant is for the safe remediation of Manufactured Dwellings with environmental and public health hazards and risks, including asbestos, lead paint, and mold; (b) The grant is made to homeowners with an adjusted gross annual household income no greater than 100 percent (100%) of statewide or local area median income, whichever is greater, adjusted for household size at the time of application; (c) The Manufactured Dwelling that is being demolished and disposed of must be owned by the grant recipient for a minimum of one year prior to the date of the grant application; and (d) The grant is for the decommissioning of a Manufactured Dwelling constructed prior to 1995 and is not being decommissioned due to total loss incurred through fire damage, water damage, extreme weather, acts of vandalism, or other events commonly covered by homeowner’s insurance. (4) A qualified individual or entity may apply for a grant without applying for a Program loan. (5) Documentation, as outlined in the procurement documents, confirming proper disposal of the decommissioned manufactured dwelling is required. (6) An entity is limited to receiving a total of five grants under this Program. Statutory/Other Authority: ORS 458.356 & ORS 458.358 Statutes/Other Implemented: ORS 456.555, ORS 446.003, ORS 455.010 & ORS 90.100 History: OHCS 26-2025, amend filed 06/16/2025, effective 06/16/2025 OHCS 20-2023, amend filed 08/28/2023, effective 08/28/2023 OHCS 29-2022, amend filed 10/24/2022, effective 10/24/2022 OHCS 13-2021, amend filed 12/17/2021, effective 12/17/2021 OHCS 6-2021, temporary amend filed 06/07/2021, effective 06/07/2021 through 12/03/2021 OHCS 20-2020, adopt filed 10/12/2020, effective 10/12/2020
813-066-0035 Manufactured Home Replacement Program Energy Grant Terms and Eligibility (1) Grant funds may be used for Manufactured Dwelling Replacement Project completion as a means to deliver energy efficiency, pursuant to the OHCS Manufactured Dwelling Replacement Program. (2) There is no minimum grant amount. The maximum grant amount is $50,000 when combined with other OHCS Manufactured Dwelling Replacement funding; the maximum grant amount is $125,000 when not used in combination with any other OHCS Manufactured Dwelling Replacement funding. (3) Grants will be awarded to an individual that meets the qualifications set forth in ORS 458.358 and applicable administrative rules. (4) The Manufactured Dwelling that is being replaced must be owned by the grant recipient and used as the recipient’s primary residence for a minimum of one year prior to the date of the grant application. (5) The primary heating fuel source of the new, replacement Manufactured Dwelling must be electric and must meet Energy Efficiency Standards.. (6) The new, replacement Manufactured Dwelling selected by the grant recipient must reviewed and approved by OHCS, must be a single or double section dwelling, and must be the same number of sections and similar size as the Manufactured Dwelling that is being replaced.(7) An individual that qualifies under ORS 458.358 may apply for a grant through a process established by OHCS or an entity authorized by OHCS to administer the program. (7) An individual must have an adjusted gross annual household income no greater than 100 percent (100%) of statewide or local area median household income, whichever is greater, adjusted for household size at the time of application. (8) The grant must be for a Manufactured Dwelling Replacement Project located within the Portland General Electric or Pacific Power service areas. that includes the decommissioning and replacement of a Manufactured Dwelling built prior to 1995. (9) A qualified individual may apply for a grant without applying for an OHCS Manufactured Dwelling Replacement Program loan if funding availability for the entirety of the individual’s Manufactured Dwelling Replacement Project can be verified. (10) Documentation, as outlined in the grant agreement, confirming proper disposal of the replaced Manufactured Dwelling is required. (11) Funding from grants must be used for the Manufactured Dwelling Replacement Project for the purpose of increasing energy efficiency and cannot be released until a placement permit for the new Manufactured Dwelling has been issued by the local permitting authority. Statutory/Other Authority: ORS 757.612, ORS 458.356 & ORS 458.358 Statutes/Other Implemented: ORS 456.555, ORS 446.003, ORS 455.010 & ORS 90.100 History: OHCS 26-2025, amend filed 06/16/2025, effective 06/16/2025 OHCS 20-2023, amend filed 08/28/2023, effective 08/28/2023 OHCS 29-2022, adopt filed 10/24/2022, effective 10/24/2022
813-070-0005 Purpose and Objectives The rules of OAR 813, division 70 are established to administer and enforce ORS 456.515 through 456.720, specifically 456.690. These rules, together with the Program’s Procedural Guide, shall implement the Home Improvement Loan Program. The Program’s objective is to provide funds to finance the rehabilitation or improvement of residential housing, thereby providing adequate, safe and sanitary residential housing for occupancy by moderate and lower-income persons in Oregon. Through the Home Improvement Loan Program, the agency increases the availability of funds for such housing by making commitments to financial institutions to purchase, and by purchasing pursuant to such commitments, loans which meet the standards set forth in these rules and the Program’s Procedural Guide. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.690 History: HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 16-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 1HD 12-1984, f. & ef. 9-4-84 1HD 5-1983, f. & ef. 9-2-83
813-070-0010 Definitions (1) All terms are used in OAR 813, division 70 as defined in the Act, and as provided in OAR 813-005-0005 or herein. (2) As used in these rules, unless otherwise indicated by the context: (a) “Income” means the total of the gross annualized income, from any source and before taxes and withholding, of all non-minor persons who will occupy a Residential Dwelling, except for non-owner occupants of a two-to-four family dwelling; (b) “Participating Local Government” means the cities and counties located in the state which meet the requirements of the Home Improvement Loan Program and which agree to participate in the Program pursuant to the Procedural Guide and the conditions set forth in these rules; (c) “Reinvestment Neighborhood” means a geographical area in Oregon, as designated by the related Participating Local Government; (d) “Residential Dwelling” means a residential unit designed for occupancy by one to four households, and the property on which it is located. This shall be real property located in Oregon. This may include a site-built or manufactured detached residence, or one unit in an attached or multi-unit structure. One unit of such dwelling shall be occupied by the owner of the property. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.690 History: HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 16-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 1HD 12-1984, f. & ef. 9-4-84 1HD 5-1983, f. & ef. 9-2-83
813-070-0015 Allocation of Funds to Approved Lenders Under the Home Improvement Loan Program, the Department may rely on a commitment system or a first-come first-served reservation system to solicit and monitor participation by Approved Lenders when funds become available from the proceeds of Bonds or other sources. The Department solicits commitment requests or participation in the Program by Approved Lenders when the Department determines that the Home Improvement Loan Program will serve to carry out the purposes of the Act and funds may be available. Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.690 History: HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 16-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89, Sec. (2), (3) & (4) Renumbered to 813-070-0016 1HD 12-1984, f. & cert. ef. 9-4-84 1HD 5-1983, f. & cert. ef. 9-2-83
813-070-0020 Approved Lenders (1) Any commercial bank, savings and loan association, savings bank, mortgage banker or other Person legally authorized to engage in the business of making secured loans for residential housing may apply to become an Approved Lender. An applicant wishing to become an Approved Lender shall submit for the Department’s review: (a) An application in the form prescribed by the Department; (b) Counsel’s opinion regarding power and authority of the applicant to enter into a purchase agreement with the Department; (c) List and signatures of authorized officers; (d) Most recent audited financial statements; (e) Documentation evidencing applicant’s bond and insurance coverage; and (f) $25 application fee. (2) An applicant may qualify as an Approved Lender if the Department determines that the applicant has the capability and resources to originate Program Loans in a sound and professional manner. The Department shall consider such factors as: (a) The number and experience of employees available to originate Program Loans; (b) The applicant’s financial capability to originate Program Loans; (c) The applicant’s qualifications as holder of a valid Contract of Insurance under Title I of the National Housing Act; (d) Whether the applicant’s deposits are insured by the Federal Deposit Insurance Corporation; (e) The applicant’s reputation, experience and performance in the area of residential lending and any other area of the applicant’s business; and (f) The applicant’s geographical service area. Each Approved Lender shall make loans for the improvement of Residential Dwellings in the regular, usual and normal course of business. (3) To qualify as an Approved Lender, an institution shall enter into an agreement with the Department providing for the manner and terms of sale of Program Loans. This purchase agreement shall be in the standard form prescribed by the Department for all Approved Lenders. Approved Lenders shall carry out such agreement in accordance with procedures set forth in the agreement and the Program’s Procedural Guide. The Department may revise these procedures from time to time. Any such revisions shall not affect the eligibility of any Approved Lender or the terms of sale of Program Loans for any commitment previously made by the Department. The Department may terminate its agreement with an Approved Lender at any time on the terms and conditions stated in such agreement and the Program’s Procedural Guide. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.690 History: HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 16-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 1HD 12-1984, f. & ef. 9-4-84 1HD 5-1983, f. & ef. 9-2-83
813-070-0025 Program Loans (1) To be eligible for purchase by the Department pursuant to a commitment to or agreement with an Approved Lender, a Program Loan shall be made by the Approved Lender during the term of the Program. The Program Loan shall comply with the terms of such commitment or agreement, the requirements set forth in the purchase agreement between the Department and the Approved Lender and the conditions set forth in the Program rules and the Program’s Procedural Guide. (2)(a) Each Program Loan shall have a final maturity at least 24 months and not more than fifteen years and 32 days from the date of its making; (b) The Program Loan shall be secured by a recorded deed of trust granted by the Eligible Borrower and any additional persons in title, on the Residential Dwelling for which improvements are being financed. Title shall be held by the Eligible Borrower in fee simple, life estate or under a contractual interest. Program Loans shall only be made to finance alterations, repairs or improve-ments which substantially protect or improve the basic livability or energy efficiency of a Residential Dwelling; (c) Such Residential Dwelling shall be used as a permanent, primary residence of the Eligible Borrower; and (d) No Program Loan shall be made to refinance an existing loan unless such loan was a temporary loan for the improvement of a Residential Dwelling. Such loan shall have been made during the commitment under which the Program Loan is sold to the Department. (3) Each Program Loan shall: (a) Be executed on forms approved by the Department; (b) Be originated according to normal lending procedures; (c) Meet the standards set forth in the Program rules; and (d) Comply with applicable rules and regulations for Title I insurance. (4) There shall be no penalties or charges for prepayment of a Program Loan. (5) Interest on each Program Loan shall be at the rate stated in the applicable commitment. To establish the interest rate for Program Loans, the Department shall consider the rates of interest on the Bonds, prevailing rates for similar loans and the ability of Eligible Borrowers to afford such rates. The Department shall also take into account the community development objectives of the Participating Local Governments. Interest or other charges established for any Program Loan shall not exceed the limits imposed by any applicable usury laws. (6) The principal amount of a Program Loan shall not exceed $15,000. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.690 History: HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 16-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 1HD 12-1984, f. & ef. 9-4-84 1HD 5-1983, f. & ef. 9-2-83
813-070-0030 Permissible Use of Property Improved by a Program Loan (1) Borrower shall continuously occupy the Residential Dwelling improved by a Program Loan as a permanent and primary residence during the time the Program Loan is outstanding. Borrower shall not sell, transfer, or otherwise dispose of (and may not be a party to any formal or informal arrangement to sell, transfer or otherwise dispose of) the Residential Dwelling improved by a Program Loan before repaying the Program Loan in full. (2) Program Loans shall not be assumed by a subsequent purchaser but shall be due upon sale or transfer of the property. (3) If the Borrower does not comply with the provisions of this rule, at the request of the Department the Approved Servicer may, at any time and without prior notice, accelerate all payments due under the Program Loan and exercise any other remedy allowable by law. Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.690 History: HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 16-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 1HD 12-1984, f. & ef. 9-4-84 1HD 5-1983, f. & ef. 9-2-83
813-070-0040 Eligible Residential Dwellings A Residential Dwelling for a Program Loan shall: (1) Be located in Oregon and, unless otherwise designated by the Department, in a Reinvestment Neighborhood or a Target Area. (2) Be a permanent structure used primarily for year-round residential use. (3) If two or more units, have been constructed and initially occupied as a residence five years before the closing of the Program Loan. (4) Be structurally sound and functionally adequate upon completion of improvements to be financed with the proceeds of a Program Loan, and meet all applicable zoning requirements, rehabilitation codes, housing codes and similar requirements. (5) Have no more than 15 percent of the total living area of the residence be of a character subject to being rented for or used in the operation of a trade or business conducted on any part of the land or improvements (i.e., any use which would qualify as a deduction for federal income tax purposes under Section 208A of the Internal Revenue Code). Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.690 History: HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 16-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 1HD 12-1984, f. & ef. 9-4-84 1HD 5-1983, f. & ef. 9-2-83