justicedao/ipfs_state_laws huggingface dataset:
813-004-0310 Fees (1) The department may charge a fee for acquiring criminal offender information for use in making a fitness determination that will not exceed the fee charged the department by the Oregon Department of State Police and the Federal Bureau of Investigation to obtain such information. (2) The department may charge the fee to the subject individual on whom criminal offender information is sought or, if the subject individual is an employee of an department contractor or vendor and is undergoing a fitness determination in that capacity, the department may charge the fee to the subject individual's employer. Statutory/Other Authority: ORS 181.534 & 456.135 Statutes/Other Implemented: ORS 181.534 & 456.569 History: OHCS 1-2026, amend filed 01/02/2026, effective 01/02/2026 OHCS 1-2013, f. & cert. ef. 1-4-13
813-005-0001 General Purpose OAR chapter 813, division 5, is promulgated to accomplish the purpose of describing certain common terms, policies and procedures with respect to the administration of the Housing and Community Services Department. Statutory/Other Authority: ORS 90.630, 90.771 - 90.775, 90.800 - 90.840, 183, 315.271, 317.097, 446.525 - 446.543, 456.515 - 456.725, 458.210 - 458.365, 458.405 - 458.460, 458.505 - 458.740, 566.310 - 566.350 & 757.612 - 757.617 Statutes/Other Implemented: ORS 90.630, 90.771 - 90.775, 90.800 - 90.840, 183, 315.271, 317.097, 446.525 - 446.543, 456.515 - 456.725, 458.210 - 458.365, 458.405 - 458.460, 458.505 - 458.740, 566.310 - 566.350 & 757.612 - 757.617 History: OHCS 22-2025, temporary amend filed 05/07/2025, effective 05/09/2025 through 11/04/2025 OHCS 43-2024, temporary amend filed 10/30/2024, effective 11/01/2024 through 04/29/2025 OHCS 18-2013, f. & cert. ef. 12-18-13 OHCS 14-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 OHCS 3-2006, f. & cert. ef. 1-31-06 OHCS 1-2005(Temp), f. & cert. ef. 8-4-05 thru 1-31-06
813-005-0008 Cost Thresholds for Housing Stability Council Review and Approval (1) Pursuant to ORS 456.555, OHCS must establish, by administrative rule, the threshold property purchase price at which a single-family home ownership loan on property must be submitted by OHCS to the Housing Stability Council for approval as well as the threshold value for a housing grant or other housing funding award for multifamily housing that must be submitted by OHCS to the Housing Stability Council for review and approval. (2) The threshold property purchase price for single-family home ownership that obligates OHCS to obtain Housing Stability Council review and approval of a proposed single-family loan is that purchase price which, when reduced by costs of purchase other than OHCS loan, is equal to or greater than 95% of the applicable area program purchase price limit. (3) Other than funding awards described in OAR 813-005-0008(4), the threshold value with respect to the awards of funds by the Affordable Rental Housing Division for the development or preservation of a multifamily housing development (project) that obligates OHCS to obtain Housing Stability Council review and approval is: Loans, grants, and other funding award proposals arising under ORS 456. 515 to 456.725 concerning a particular multifamily housing project that, in the aggregate: (a) Are equal to or greater than $1,000,000, (b) Constitute more than 50% of the total development budget for such project, provided that the total development budget of such project is $1,000,000 or greater, or (c) Are outside of applicable OHCS guidelines. (4) The threshold value that obligates OHCS to obtain Housing Stability Council review and approval with respect to the award of funds deployed by the Affordable Rental Housing Division through programs arising under ORS 456.515 to 456.725 that are deliberately aligned with market responsiveness to address unforeseen shifts in market costs, such as a market cost offset fund or the Land Acquisition Program (LAP), is: (a) An increase in the amount of loans, grants, or other funding awards to a multifamily housing project in an aggregate amount that is greater than or equal to 25% of the originally approved total development budget or initial Housing Stability Council approval for the project; or (b) In the case of LAP, a property purchase price above $5,000,000 where the project is otherwise consistent with ORS 456.502 and OAR 813-037-0005 through 813-037-0040. Statutory/Other Authority: ORS 456.515-725 Statutes/Other Implemented: ORS 456.555 History: OHCS 30-2022, amend filed 12/02/2022, effective 12/02/2022 OHCS 12-2022, temporary amend filed 05/24/2022, effective 05/25/2022 through 11/20/2022 OHCS 16-2020, adopt filed 07/30/2020, effective 07/30/2020
813-005-0016 Waiver The director may waive, suspend or modify any term or provision of OAR 813, unless such waiver, suspension or modification would violate applicable federal or state law. Statutory/Other Authority: ORS 91.886, 183 & 456.555 Statutes/Other Implemented: ORS 90.800 - 90.840, 91.886, 456.515, 456.725 & 458.005 - 458.740 History: OHCS 18-2013, f. & cert. ef. 12-18-13 OHCS 14-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 OHCS 3-2006, f. & cert. ef. 1-31-06 OHCS 1-2005(Temp), f. & cert. ef. 8-4-05 thru 1-31-06
813-005-0020 General Policy and Guideline Manual The General Policy and Guideline Manual, as amended from time to time, is incorporated into this division by reference and has application, inter alia, to the solicitation, review, reservation, award and documentation of housing grants and other funding awards with respect to affordable multifamily housing projects as well as to the operation and compliance of such projects with applicable habitability, affordability and other requirements irrespective of the program source of funding. The manual may be accessed online on the department’s website. Statutory/Other Authority: ORS 91.886, 317.097 & 456.555 Statutes/Other Implemented: ORS 90.800 - 90.840, 91.886, 317.097, 456.515 - 456.725 & 458.005 - 458.740 History: OHCS 34-2014, f. & cert. ef. 10-9-14 OHCS 25-2014(Temp), f. & cert. ef. 4-17-14 thru 10-14-14 OHCS 18-2013, f. & cert. ef. 12-18-13 OHCS 14-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
813-005-0030 Contingency of Funding Awards If the department provides a reservation or otherwise to make a funding award under ORS 90.800 - 90.840, 91.886, ORS 317.097, 456.515 through 456.725 or 458.005 through 458.740, and if the type and amount of subject funding or any other department funding approved by the department that was considered by the department in setting the amount of the subject funding (“complementary funding”) meets or exceeds the threshold amounts established in OAR 813-005-0005(3) for review by the Housing Stability Council, the reservation or other commitment is subject to review and approval by the council of such subject funding and any such complementary funding. The council may approve, deny, modify or further condition funding assistance subject to its review. Based upon any relevant council determination, including with respect to complementary funding, any subject reservation or other commitment may be deemed revoked, or be modified and further conditioned. Statutory/Other Authority: ORS 91.886, 317.097 & 456.555 Statutes/Other Implemented: ORS 90.800 - 90.840, 91.886, 317.097, 456.515 – 456.725 & 458.005 - 458.740 History: OHCS 18-2013, f. & cert. ef. 12-18-13 OHCS 14-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
813-005-0040 Compliance Monitoring (1) A project receiving any department assistance is subject to such reviews and field inspections that the department determines to be necessary or appropriate including, but not limited to ensuring the funding recipient’s and project owner’s compliance with any program requirements including, but not limited to applicable administrative rules (including incorporated manuals), department directives, solicitation documents, funding documents, or otherwise. The project owner shall cooperate fully with all reviews and field inspections, comply with any resulting correction directives, and shall make all records available for inspection and copying. The project owner also shall provide such other information as the department may from time to time request. (2) Project owners shall cooperate fully with department reviews, field inspections and other information requests including, but not limited to allowing the inspection and copying of relevant records as determined by the department. (3) Project owners shall act promptly to correct any deficiencies identified by the department as a consequence of its reviews, field inspections or otherwise upon notice by the department of same. (4) Project owners shall retain financial records, supporting documents and all other pertinent records with respect to a project until six years after the project affordability period for the respective source of funding is complete, or after any relevant litigation or audit claim is resolved, whichever is later. Statutory/Other Authority: ORS 91.886, 317.097 & 456.555 Statutes/Other Implemented: ORS 90.800 - 90.840, 91.886, 317.097, 456.515 – 456.725 & 458.005 - 458.740 History: OHCS 18-2013, f. & cert. ef. 12-18-13 OHCS 14-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
813-005-0050 Remedies (1) If the department determines that there has been any material failure or default with respect to any term, covenant or condition of the applicable solicitation documents or funding documents, applicable rules, directives, or other program requirements, it may exercise any remedy available under OAR chapter 813, the solicitation documents, the funding documents, other program requirements or applicable law. Remedies include, but are not limited to rescission of funding awards, issuance of corrective orders or directives, imposition of sanctions, recapture of any tax credits, recoupment of funding, recovery for damages, specific performance, injunctive relief, declaratory actions, appointment of a receiver for the project, foreclosure of lien interests, debarment from other department funding, and other remedies available at law. (2) The remedies set forth in this section are cumulative and not exclusive and are in addition to any other rights and remedies available to the department. The department may exercise any or all remedies available to it, and in such manner as it, in its sole discretion, determines appropriate. No failure to exercise a remedy shall be deemed as a waiver or release of such remedy or other remedies or the claims upon which they are based. (3) Any waiver of a remedy or claim must be in writing and signed by an authorized representative of the department. No waiver shall be continuing in nature or affect any other remedy or claim of the department unless expressly so stated in the signed waiver. Statutory/Other Authority: ORS 91.886, 317.097 & 456.555 Statutes/Other Implemented: ORS 90.800 - 90.840, 91.886, 317.097, 456.515 – 456.725 & 458.005 - 458.740 History: OHCS 18-2013, f. & cert. ef. 12-18-13 OHCS 14-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
813-005-0060 Transfer of Recipient, Assistance or Ownership; Subordinate Liens; Encumbrances (1) A recipient of any department assistance or owner of a project for which such assistance is provided may not transfer or allow any transfer of any interest in itself, the assistance or the project, allow a subordinate lien or otherwise encumber the project, or any portion or interest therein, unless the department first approves the transfer, subordinate lien or encumbrance in writing. Any such transfer is subject to the payment to the department of a transfer or other approval charge as required by the department. If the recipient effects or allows a transfer, subordinate lien or encumbrance without prior written approval by the department, the transfer, subordinate lien or encumbrance is voidable and remains subject to the approval or disapproval of the department and the recipient or owner responsible for allowing the transfer, subordinate lien or encumbrance and any transferees, jointly and severally, are subject to a charge by the department with respect to its review and treatment of any such event. (2) The department may condition its approval upon such terms and conditions as it, in its sole discretion, may require. Factors the department may consider in determining whether or not to give approval to a transfer, subordinate lien or encumbrance include, but are not limited to: (a) The financial investment of the department in the project; (b) Preservation of existing housing; (c) The transferee’s ability to maintain and manage the project for the needs of the residents, the integrity of the housing and as security for the assistance; (d) The effect of the transfer, subordinate lien or encumbrance upon the financial integrity of the project, repayment of the assistance, use of the project for its intended purposes, and continuity of the program requirements; and (e) Continued compliance with program requirements. Statutory/Other Authority: ORS 91.886, 317.097 & 456.555 Statutes/Other Implemented: ORS 90.800 - 90.840, 91.886, 317.097, 456.515 – 456.725 & 458.005 - 458.740 History: OHCS 18-2013, f. & cert. ef. 12-18-13 OHCS 14-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
813-005-0070 Fees and Charges The department may require the payment of such fees and charges as it determines appropriate with respect to the administration of its housing programs and program requirements including, but not limited to the solicitation, award, documentation and use of department funding assistance and correlation with other funding partners and resources, acquisition, development, construction, rehabilitation and operation of projects assisted with department funding assistance, ongoing compliance monitoring and enforcement of financial, affordability, and habitability requirements, transfers, subordinate liens and encumbrances. Statutory/Other Authority: ORS 91.886, 317.097 & 456.555 Statutes/Other Implemented: ORS 90.800 - 90.840, 91.886, 317.097, 456.515 – 456.725 & 458.005 - 458.740 History: OHCS 18-2013, f. & cert. ef. 12-18-13 OHCS 14-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
813-006-0005 Purpose, Application, and Basic Policy (1) The Department requires the services and partnerships of outside parties to accomplish its mission and goals. Although ORS 279A.025(2)(o) provides that certain types of procurement by the Department are exempt from all provisions of the Oregon Public Contracting Code, and although the Attorney General’s Model Public Procurement Rules, Chapter 137, Divisions 46, 47, 48, and 49 (Model Rules) do not apply to the Department, the Department adopts the Model Rules with limited exceptions and modifications as described herein, to govern Department procurement activities. Grants, loans, and agreements under ORS Chapter 190 are not subject to these Division 6 rules. (2) The Department has its own procurement authority. The Department is exempt from the Public Contracting Code for all procurement activities relating to the exercise of the Department’s duties prescribed in ORS Chapters 456 and 458; and for procurements of information technology products, systems, and related goods, services, and personal services. (3) The Department is subject to the Public Contracting Code for the procurement of goods, services, and personal services that are unrelated to the Department’s mission-specific duties described in ORS Chapters 456 and 458. Statutory/Other Authority: 279A.065(6), 279A.070, 456.555(8) & 456.625(19) Statutes/Other Implemented: 279A.050(6)(g), 456.625(18), 456.625(19) & 458.315(3) History: OHCS 44-2024, amend filed 10/30/2024, effective 11/01/2024 OHCS 10-2024, temporary amend filed 05/21/2024, effective 05/22/2024 through 11/17/2024 OHCS 16-2016, f. & cert. ef. 12-19-16 OHCS 7-2016(Temp), f. & cert. ef. 6-29-16 thru 12-25-16 OHCS 24-2013, f. & cert. ef. 12-18-13 OHCS 12-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 14-1987, f. & ef. 12-21-87
813-006-0015 Definitions The following definitions apply to these Division 6 rules and supersede any definitions set forth in the Model Rules: (1) “Department” means the Housing and Community Services Department established under ORS 456.555. (2) “Designated Procurement Officer” means the individual designated and authorized by the Director of the Department to perform certain procurement functions described in these rules. (3) “Director” means the Director of the Housing and Community Services Department. (4) “Public Contracting Code” means ORS Chapters 279A, 279B, and 279C. (5) “Reinstate” or “Reinstatement” means the act of making an expired or terminated Contract active. Statutory/Other Authority: 279A.065(6), 279A.070, 456.555(8) & 456.625(19) Statutes/Other Implemented: 279A.050(6)(g), 456.625(18), 456.625(19) & 458.315(3) History: OHCS 44-2024, amend filed 10/30/2024, effective 11/01/2024 OHCS 10-2024, temporary amend filed 05/21/2024, effective 05/22/2024 through 11/17/2024 OHCS 24-2013, f. & cert. ef. 12-18-13 OHCS 12-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 6-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 14-1987, f. & ef. 12-21-87
813-006-0040 Discretionary Waiver The Director may waive, suspend, or modify any term or provision of OAR 813, including terms and provisions of the Model Rules that the Department has adopted, unless such waiver, suspension, or modification would violate applicable federal or state law. The Director’s discretionary waiver does not apply to any procurements subject to the Public Contracting Code as provided in ORS 279A.050(6)(g). The Department’s use of this waiver is intended to be limited in order to promote fair and open competition except in circumstances where the Director determines that the need for an alternative procurement process outweighs the public interest in a competitive procurement process. Statutory/Other Authority: 279A.065(6), 456.555(8) & 456.625(19) Statutes/Other Implemented: 456.625(18), 456.625(19) & 458.315(3) History: OHCS 31-2025, minor correction filed 07/09/2025, effective 07/09/2025 OHCS 44-2024, amend filed 10/30/2024, effective 11/01/2024 OHCS 10-2024, temporary amend filed 05/21/2024, effective 05/22/2024 through 11/17/2024 OHCS 24-2013, f. & cert. ef. 12-18-13 OHCS 12-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
813-006-0045 Reinstatement of Expired Contract (1) This rule applies to the Reinstatement of expired or terminated Contracts. (2) Requirements to Reinstate an expired or terminated Contract: (a) Before expiration or termination, the Contract was properly signed by all parties; (b) Then the signed Contract expired or was terminated; (c) With the Department's Designated Procurement Officer's approval, the Department Reinstates the Contract; and (d) The Department documents in the procurement file the reason for the Reinstatement, any steps that the Department will take to prevent a reoccurrence; and an acknowledgement that Reinstatement is in the best interest of the Department. (3) A Reinstatement of an expired or terminated Contract makes the Contract in full force and effect, as if it had not expired or terminated. Following a Reinstatement, the Department may make payments for goods purchased and services performed during the period from the date of expiration or termination to the date of the Reinstatement and through any extended term of the Contract. Statutory/Other Authority: 279A.065(6), 279A.070, 456.555(8) & 456.625(19) Statutes/Other Implemented: 279A.050(6)(g), 456.625(18), 456.625(19) & 458.315(3) History: OHCS 44-2024, adopt filed 10/30/2024, effective 11/01/2024 OHCS 10-2024, temporary adopt filed 05/21/2024, effective 05/22/2024 through 11/17/2024
813-007-0005 General Purpose OAR chapter 813, division 007 is adopted to implement and administer ORS 90.732, 90.734, 90.736, and 90.738 for the purpose of the regulation of manufactured dwelling parks and marina communities. Statutory/Other Authority: 2005 OL Ch. 619, Sec 2-4, 2009 OL Ch. 816, Sec 9, 2011 OL Ch. 503, Sec 21 & ORS 456.555 Statutes/Other Implemented: 2009 OL Ch. 816, Sec 9, 2011 OL Ch. 503 & ORS 456.555 History: OHCS 6-2025, amend filed 03/19/2025, effective 03/20/2025 OHCS 17-2013, f. & cert. ef. 9-4-13 OHCS 2-2013(Temp), f. & cert. ef. 3-21-13 thru 9-17-13 OHCS 1-2010, f. & cert. ef. 1-7-10
813-007-0010 Definitions (1) “Facility” means a manufactured dwelling park or a marina. (2) “Landlord” means the owner, lessor or sublessor of the dwelling unit or the building or premises of which it is a part. “Landlord” includes a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement. (3) “Landlord’s agent” and “agent of the landlord” means a person who has oral or written authority, either express or implied, to act for or on behalf of a landlord. This can include a manager or a person that manages a facility. (4) “Owner” includes a mortgagee in possession and means one or more persons, jointly or severally, in whom is vested: all or part of the legal title to property; or all or part of the beneficial ownership and a right to present use and enjoyment of the premises. 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
813-007-0015 Annual Registration Procedures (1) Every landlord or landlord’s agent of a facility must register annually with the Housing and Community Services Department (“department”) by January 1 of each year. The registration submission must include complete and accurate information on each facility registered by the landlord or landlord’s agent. This includes the physical address, email address, and phone number of both the landlord and landlord’s agent. (2) The department shall provide forms and instructions for this registration and make this information available to the landlord or landlord’s agent through the department’s website or as the department deems appropriate. (3) The landlord or landlord’s agent must file an annual registration and pay a registration fee to the department for each facility managed by the landlord or landlord’s agent. The landlord or landlord’s agent shall file the registration and pay the registration fee online through the department’s website. Instructions on how to pay online shall be sent by the department by email to each landlord or landlord’s agent on file with the department. If no email address is listed for a landlord or landlord’s agent, the instructions are sent through US Mail to address listed for the landlord or landlord’s agent. (4) Registration submitted in paper form shall be sent to the address listed below, or an address the department designates on its website. State of Oregon MMCRC PO Box 3832 Portland, OR 97208 (5) The department may assess additional charges to recover costs or waive charges as it deems appropriate for the submission of changes and corrections to registrations. 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