justicedao/ipfs_state_laws huggingface dataset:
813-045-0015 Eligibility for Housing Development Account Funds (1) The Department may provide funds from the Housing Development Account subject to the availability of funds in the Account and limitations otherwise prescribed by law, and only for the purposes specified or allowed in the Act. (2) The Department may from time to time restrict use of available funds for specific housing projects or purposes, restrict the type of assistance available, or restrict the type of applicant eligible for assistance. 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: HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 13-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 3-1988, f. & cert. ef. 9-2-88 HSG 2-1988(Temp), f. & cert. ef. 4-5-88
813-045-0020 Application Procedure (1) The Department may from time to time solicit applications for Housing Development Account funds, and may, in its discretion, consider for funding only applications received as a response to such solicitation. (2) All applications for assistance from the Housing Development Account shall be in writing to the Department, and shall contain at a minimum the following information: (a) Name, address, and telephone number of the applicant; (b) Amount and type of assistance requested; and (c) A description of how the assistance will be used, including the type of housing project or program involved; number of housing units to be provided or the number of persons to be housed; the estimated time period from start to completion of the project or program; the geographic area where the assistance will be used; and the federal, state, or local agencies or organizations involved. (3) If the Department receives applications in an amount greater than the amount of funds available, the Department shall select those applications which, in the judgment of the Depart-ment, best achieve the purposes of the Housing Development Account Program rules and the Act. 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: HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 13-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 3-1988, f. & cert. ef. 9-2-88 HSG 2-1988(Temp), f. & cert. ef. 4-5-88
813-045-0025 Application Review (1) For loans or grants where the amount requested from the Housing Development Account does not exceed $100,000, or any other form of assistance, the Department shall consider the application and approve, disapprove, or request additional information on the application within 30 calendar days of receipt of the application. (2) For loans or grants where the amount requested from the Housing Development Account is in excess of $100,000, the Department shall consider the application and approve, disapprove or request additional information on the application within 30 calendar days of receipt of the application. If the Department proposes to make the loan or grant, it shall submit the loan or grant it proposes to make to the Housing Stability Council for review. The Housing Stability Council shall approve or disapprove the loan or grant at a public hearing of the Council, pursuant to ORS 456.571(2). The Department shall advise the applicant in writing of the action taken by the Housing Stability Council within 15 calendar days of such meeting. (3) In reviewing applications for assistance, the Department and the Housing Stability Council, as appropriate, may consider, but are not limited to, the following: (a) Amount of available funds in the Housing Development Account; (b) Availability of other sources of assistance; (c) Ability to leverage public or private funds; (d) Involvement of federal, state or local government agencies, nonprofit housing or social service agencies; (e) Geographic area affected; (f) Number and type of housing units to be provided or number of persons to be housed; (g) Administrative costs and/or responsibilities imposed on the Department in connection with the assistance provided; and (h) Type and number of households to be assisted. 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: HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 13-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 3-1988, f. & cert. ef. 9-2-88 HSG 2-1988(Temp), f. & cert. ef. 4-5-88
813-045-0030 Form of Assistance (1) The Department shall confirm to the applicant in writing the type of assistance, if any, to be provided from the Housing Development Account. Assistance may be in the form of, but is not limited to, loans, grants, contract agreements, or insurance. (2) The Department may establish fees, premiums, interest rates, repayment terms, performance criteria and reporting requirements as the Department considers appropriate or necessary for the type and use of assistance provided. The Department shall specify such terms and conditions to the applicant in writing before funds are advanced or contractual agreements signed. (3) The Department may require the applicant to execute such documents as the Department considers appropriate or necessary to evidence the type and amount of assistance provided, and any terms and conditions agreed to in connection with such assistance. (4) If the terms and conditions upon which the assistance was approved or provided are not met, the Department may, upon written notice, immediately revoke approval of the use of the Housing Development Account funds, and/or require repayment of all or a portion of the funds advanced, if any. 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: HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 13-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 3-1988, f. & cert. ef. 9-2-88 HSG 2-1988(Temp), f. & cert. ef. 4-5-88
813-045-0035 Waiver for Other Sources If the Department has applied for and received funds on deposit in the Housing Development Account from other sources or on behalf of another person, the provisions of chapter 813, division 45 may be waived by the Director as necessary or convenient to comply with the rules, regulations or procedures prescribed by the source of funds, unless such waiver would violate applicable statutes. 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: HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 13-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 3-1988, f. & cert. ef. 9-2-88 HSG 2-1988(Temp), f. & cert. ef. 4-5-88
813-046-0000 Purpose and Objectives The purpose of OAR chapter 813, division 46 of the administrative rules is to implement the Emergency Housing Assistance Program (EHAP) program. Funding for EHA comes from the Emergency Housing Account, as established in ORS 458.620 and described in ORS 458.650. The purpose of EHA is to fund local homeless programs that assist low income and very low income households, who are homeless or unstably housed, to attain housing stability. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.620 & 458.650 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 31-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 8-2015, f. & cert. ef. 8-25-15 OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14 OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14 OHCS 11-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 3-2002, f. & cert. ef. 5-15-02, Renumbered from 813-046-0010 OHCS 3-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02 HSG 5-1992, f. & cert. ef. 6-16-92 HSG 5-1991(Temp), f. & cert. ef. 10-10-91
813-046-0015 Manuals Effective on July 1, 2025, the State Houseless Funds Program Operations Manual (SHF Manual) with the requirements and standards therein, is incorporated into and adopted as part of division 813-046-0015 of the department's administrative rules, 813-046-0000 to 813-046-0081. The SHF Manual, dated July 1, 2023, previously incorporated into and adopted as part of these administrative rules remains in effect until July 1, 2025, on which date it is repealed. The SHF Manual may be accessed online at the OHCS website. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.610, 458.620 & 458.650 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 2-2023, amend filed 03/01/2023, effective 03/01/2023 OHCS 21-2020, amend filed 10/27/2020, effective 10/27/2020 OHCS 11-2020, temporary amend filed 06/08/2020, effective 06/08/2020 through 12/04/2020 OHCS 8-2020, adopt filed 05/07/2020, effective 05/07/2020
813-046-0021 Administration (1) OHCS may contract with subgrantees to provide eligible EHAP services (see OAR 813-046-0045) in such manner as to provide holistic coverage statewide without duplication or overlap of services. (2) OHCS will allocate EHAP funds to all subgrantees through a formula established by OHCS prior to the allocation process. OHCS reserves the right to modify such formula at any time in its sole discretion. (3) A subgrantee may enter into agreements or collaborate with subrecipients that meet the requirements of ORS 458.610(6) to provide eligible EHAP services in the subgrantee’s service area. (4) Subgrantees shall, at a minimum, provide EHAP services to eligible applicants or households that meet EHAP requirements. Whenever appropriate, subgrantees may assist eligible households in accessing other services designed to stabilize housing. (5) Subgrantee representatives must attend and participate in EHAP-related training made available or conducted by OHCS. (6 ) A designated portion of EHAP funds are reserved for subgrantees and their subrecipients to use for administrative costs. Subgrantees and their subrecipients may expend up to a determined amount as authorized by OHCS and outlined in the funding agreement. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.620, 458.650 & 458.610 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 31-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 8-2015, f. & cert. ef. 8-25-15 OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14 OHCS 11-2014(Temp), f. 1-27-14 thru 7-25-14 OHCS 3-2002, f. & cert. ef. 5-15-02 OHCS 3-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02
813-046-0040 Applicant Eligibility (1) EHAP services shall be made available to low income and very low income households that are homeless or unstably housed, including, but not limited to, veterans, persons more than 65 years of age, persons with disabilities, farmworkers and Native Americans. (2) A household member’s duration of Oregon residency or immigrant status shall not be considered as part of the eligibility criteria. (3) Specific requirements of documentation to provide proof of eligibility for EHAP services are detailed in the SHF Manual. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.610, 458.620 & 458.650 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 31-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 24-2019, minor correction filed 07/03/2019, effective 07/03/2019 OHCS 2-2019, amend filed 04/22/2019, effective 04/22/2019 OHCS 8-2015, f. & cert. ef. 8-25-15 OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14 OHCS 11-2014(Temp), f. 1-27-14 thru 7-25-14 OHCS 3-2002, f. & cert. ef. 5-15-02 OHCS 3-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02 HSG 5-1992, f. & cert. ef. 6-16-92 HSG 5-1991(Temp), f. & cert. ef. 10-10-91
813-046-0045 Use of Funds (1) Use of EHAP funds must be in compliance with EHAP requirements for eligible households. (2) To the extent of available funding, eligible EHAP services include, but are not limited to: (a) Street outreach; (b) Emergency shelter operations; (c) Transitional housing operations; (d) Homelessness prevention; (e) Rapid re-housing; (f) Shelter or transitional housing facilities rehabilitation, renovation or conversion; and (g) Emergency System and Strategy Strengthening. (3) EHAP funds may be used to supplement existing funds or to support existing programs according to EHAP requirements. Subgrantees shall not use EHAP funds, granted or otherwise awarded, to replace funds currently being received from other sources, available or reasonably expected to be available to the subgrantee. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.620 & 458.650 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 31-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 2-2019, amend filed 04/22/2019, effective 04/22/2019 OHCS 8-2015, f. & cert. ef. 8-25-15 OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14 OHCS 11-2014(Temp), f. 1-27-14 thru 7-25-14 OHCS 1-2014, f. & cert. ef. 1-27-14, Renumbered from 813-046-0030 OHCS 3-2002, f. & cert. ef. 5-15-02 OHCS 3-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02 HSG 9-1994, f. & cert. ef. 11-9-94 HSG 5-1992, f. & cert. ef. 6-16-92 HSG 5-1991(Temp), f. & cert. ef. 10-10-91
813-046-0050 Application for Funding; Funding Agreement (1) Prior to providing any EHAP services using OHCS funding, subgrantees must submit biennially an application for funding to OHCS. A funding agreement must be approved by OHCS in writing before being operative. (2) Applications for funding must meet all requirements of form and content as established by OHCS. At a minimum, an application must include a subgrantee’s proposed activities for eligible households, anticipated expenditures, and any other information as OHCS may require specific to EHAP funding. Subgrantees must adhere to OHCS requirements and deadlines for submitting an application. An application is subject to approval, with or without modifications, or disapproval by OHCS. (3) OHCS will not approve any applications for funding for EHAP unless it meets sufficiency requirements. Sufficiency is based on the quantity, thoroughness and quality of performance that is satisfactory to OHCS. This includes, but is not limited to, providing relevant information necessary for OHCS to assess the subgrantee’s compliance with all EHAP requirements and any other standards, goals, and requirements established by OHCS. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.620 & 458.650 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 31-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 8-2015, f. & cert. ef. 8-25-15 OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14 OHCS 11-2014(Temp), f. 1-27-14 thru 7-25-14 OHCS 3-2002, f. & cert. ef. 5-15-02 OHCS 3-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02 HSG 5-1992, f. & cert. ef. 6-16-92 HSG 5-1991(Temp), f. & cert. ef. 10-10-91
813-046-0061 Recordkeeping and Compliance Monitoring (1) Subgrantees and their subrecipients must maintain accurate financial records satisfactory to OHCS and consistent with EHAP requirements, which document the receipt and disbursement of all EHAP funds by OHCS. Subgrantees must have an accounting system in place satisfactory to OHCS, and implement an approved Homeless Management Information System (HMIS) database for data and fiscal entry. (2) Subgrantees and their subrecipients must maintain other EHAP records satisfactory to OHCS and consistent with EHAP requirements, which include, but are not limited to, documentation of household eligibility, receipt of allowable EHAP services, termination of services and the basis for same, housing status, administrative actions, contracts with subrecipients, review of subrecipient performance, action taken with respect to deficiency notices, and any administrative review proceedings. Such records must be satisfactory to OHCS in substance and format. (3) Subgrantees must provide OHCS with all required reports, data, and financial statements by submission deadlines and satisfactory to OHCS in form and substance as identified in the EHAP requirements and as requested by OHCS. (4) To ensure proper compliance and monitoring of EHAP, subgrantees and their subrecipients must: (a) Furnish representatives of OHCS, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives access to and permit copying of all electronic and hardcopy books, accounts, documents, and records and allow reasonable access to the project and other property pertaining to EHAP, at any such representative’s request. (b) Cooperate fully in any inspections or other monitoring actions taken by OHCS, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives. (c) Retain and keep accessible all EHAP records and data according to EHAP requirements and as requested by OHCS. (5) OHCS will conduct reviews, audits, and other compliance monitoring as it deems appropriate with respect to each subgrantee and its subrecipients to verify compliance with the EHAP requirements. Subgrantees and their subrecipients must cooperate fully with OHCS in its compliance monitoring activities. (6) Subgrantees must require by contract, and monitor their subrecipients’ compliance with, all EHAP requirements including, but not limited to, recordkeeping and retention of records and OHCS compliance monitoring and enforcement. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.620 & 458.650 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 31-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 8-2015, f. & cert. ef. 8-25-15 OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14 OHCS 11-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 3-2002, f. & cert. ef. 5-15-02 OHCS 3-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02
813-046-0065 Remedies (1) OHCS reserves the right to identify deficiencies in the performance of any subgrantee or their subrecipients discovered during program operations or compliance monitoring activities and take remedial action upon such subgrantees, including, but not limited to, modifying funding amount, reducing or withholding payment, suspending or recouping payments or both, requiring a corrective action or additional activities necessary to satisfy its obligations or meet performance standards, initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief, exercise of its right of recovery of overpayments, declaring subgrantee ineligible for the receipt of future awards from OHCS, criminal action for misstatements or fraud, misfeasance, claims under the Oregon False Claims Act, or other culpable behavior, investigation, audit, and/or sanction by other governmental bodies, and terminating its funding agreement with a subgrantee and requiring repayment of EHAP funding. (2) To remedy any identified deficiencies, OHCS: (a) May issue a deficiency notice notifying a subgrantee of deficiencies and provide documentation for the basis of such determination and the specific deficiency or deficiencies that must be corrected; (b) May require the subgrantee to correct any deficiencies in a manner and time frame satisfactory to OHCS; (c) May offer training and technical assistance related to such deficiencies to the subgrantee; and (d) May, at its discretion, offer the subgrantee assistance in the development of a corrective action plan. If a corrective action plan is allowed, OHCS must review the plan and issue a decision of approval or disapproval to the subgrantee. (3) OHCS may provide adequate notice to a subgrantee of remedial action that will terminate or reduce a subgrantee’s eligibility for EHAP funding. OHCS may provide the subgrantee an initial opportunity to appeal to the director of the Housing Stabilization Division of OHCS, whose decision may be deferred to the director of OHCS. (4) Issuance of a deficiency notice will not constitute a waiver of other remedies available to OHCS or preclude OHCS from exercising such other remedies available to it under the EHAP requirements, at law or otherwise. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.620 & 458.650 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 31-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 23-2019, minor correction filed 07/03/2019, effective 07/03/2019 OHCS 8-2015, f. & cert. ef. 8-25-15 OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14 OHCS 11-2014(Temp), f. 1-27-14 thru 7-25-14 OHCS 3-2002, f. & cert. ef. 5-15-02 OHCS 3-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02
813-046-0070 Challenge of Subgrantee Action (1) Any household aggrieved by a subgrantee administering or providing EHAP services may challenge the subgrantee's action by entering the subgrantee's administrative review process (see OAR 813-046-0081). Any household who received either an unsatisfactory determination or refusal of a review by the subgrantee may submit a written request to OHCS within 30 days of receiving the notice of review determination or refusal by the subgrantee to provide such administrative review. (2) OHCS may accept or deny a request to conduct a subgrantee administrative review, in whole or in part, at its sole discretion. An 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 household, the subgrantee, and any relevant subrecipients will produce all information required by OHCS, including requested affidavits or testimony. (4) Upon accepting the review request, OHCS may make a determination on such review request and require such remedial action as OHCS determines, in its sole discretion, to be appropriate. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.620 & 458.650 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 31-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 8-2015, f. & cert. ef. 8-25-15 OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14 OHCS 11-2014(Temp), f. 1-27-14 thru 7-25-14 OHCS 3-2002, f. & cert. ef. 5-15-02 OHCS 3-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02 HSG 5-1992, f. & cert. ef. 6-16-92 HSG 5-1991(Temp), f. & cert. ef. 10-10-91