justicedao/ipfs_state_laws huggingface dataset:
813-365-0030 Eligibility (1) In order to be eligible for RGP funds, a program provider must have an executed Program Provider-Landlord Agreement. (2) Applications for qualifying damages are submitted after an eligible tenant’s vacancy of an RGP-covered unit, either by voluntary move-out or by eviction. Landlords have 30 days in which to submit a request for funds to the program provider, from the date that the landlord takes possession of the unit. (3) Qualifying damages that occurred within the first 12 months of an eligible tenant’s occupancy may not exceed $5,000 per eligible request and include, but are not limited to: (a) Unpaid rent; (b) Property damages beyond normal wear and tear and caused by the tenant or the tenant’s occupancy; and (c) Eviction costs include court filing fees, attorney fees, and serving of notice. (4) An eligible tenant is one that meets the requirements of ORS 456.608(2). (5) Program providers must submit to OHCS an RGP application, in form, format and substance satisfactory to OHCS, within 10 days from the date that the landlord submits a request for funds to the program provider. (6) Program providers must certify that the application details and supporting documentation (i.e.; final security deposit accounting, move-in and move-out inspection checklists, applicable receipt or proof of damages, documentation of non-payment of rent) have been received from the landlord and have been reviewed and verified by the program provider. Program providers must keep all application information within the tenant file. (7) The RGP application shall be available on the OHCS website. (8) A submitted application is subject to approval, including as modified by OHCS, or disapproval by OHCS. Statutory/Other Authority: ORS 456.555 & ORS 456.608(10) Statutes/Other Implemented: Chapter 57, 2021 Oregon Laws & ORS 456.607 to 456.609 History: OHCS 1-2022, amend filed 01/07/2022, effective 01/07/2022 OHCS 45-2019, adopt filed 12/31/2019, effective 12/31/2019
813-365-0045 Use of Funds (1) RGP funds will be used for RGP services and activities as further defined in the contract and RGP Manual. (2) Prior to approving an RGP application, OHCS will determine if the application is complete and satisfies the criteria necessary to be a qualifying application for RGP funds. (3) OHCS will review RGP applications and make awards of RGP funds to program providers within 14 days of its receipt of all required information. OHCS may choose to require the submittal of additional or clarifying information. 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
813-365-0061 Reporting and Recordkeeping (1) Program providers shall maintain accurate financial records satisfactory to OHCS and consistent with RGP requirements , which document the receipt and disbursement of all funds provided through RGP by OHCS; and have an accounting system in place satisfactory to OHCS, which meets generally accepted accounting principles. (2) Program providers shall maintain other RGP records satisfactory to OHCS and consistent with RGP requirements, which document tenant eligibility, receipt of allowable RGP services, termination of RGP services and bases for same, housing status of clients, administrative actions, and contracts with landlords. Such records shall be satisfactory to OHCS in substance and format. (3) Program providers shall provide OHCS with all required reports, data, and financial statements satisfactory to OHCS, by OHCS-determined submission deadlines, including, but not limited to: (a) Reports that detail tenants served, including demographics and copies of the Program Provider-Landlord Agreement, as defined in the RGP Manual; (b) Quarterly reports on tenant readiness education delivery, as defined in the RGP Manual; and (c) Fiscal reports detailing all RGP costs. (4)(a) Program providers shall 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 records and books, accounts, documents and records, and allow access to the project and other property pertaining to RGP, at any such representative’s request. (b) Program providers shall retain and keep accessible all RGP records for such time as required by applicable law and state records retention requirements. (5) Program providers shall ensure that data is reported, collected and organized accurately, submitted within the time period specified by OHCS and otherwise in a manner satisfactory to OHCS and consistent with RGP requirements. (6) OHCS will maintain reports, data and financial information of RGP administration in accordance with OHCS policy . Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.505, 2017 Oregon Laws, Chapter 659 & O.L. 2019 SB 278 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
813-365-0065 Compliance Monitoring; Remedies (1) OHCS will conduct reviews, audits, and other compliance monitoring as it deems appropriate with respect to each program provider to verify compliance with RGP requirements. Program providers must cooperate fully with OHCS in its compliance monitoring activities. (2) Program providers must require by contract and monitor their subrecipients’ compliance with all RGP requirements including, but not limited to, recordkeeping and retention of records and OHCS compliance monitoring and enforcement. (3) OHCS reserves the right to identify deficiencies in the performance of any program provider or their subrecipients discovered during compliance monitoring activities and take remedial action upon such program providers, including, but not limited to, terminating its funding agreement with a program provider and requiring repayment of RGP funding. (4) To remedy any identified deficiencies, OHCS: (a) Must notify a program provider of deficiencies identified through the monitoring process and provide documentation for the basis of such determination and the specific deficiency or deficiencies that must be corrected; (b) Must require the program provider 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 program provider; and (d) May, at its discretion, offer the program provider 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 program provider. (5) OHCS must provide adequate notice and opportunity for an appeal prior to a remedial action that terminates organizational eligibility for RGP funding for cause or otherwise reduces a program provider’s proportional share of funding. (6) Appeals must be addressed to the assistant director of the Housing Stabilization Division of OHCS, whose decision may be further appealed to the director of OHCS. (7) 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 RGP requirements, at law or otherwise. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.505, 2017 Oregon Laws, Chapter 659 & O.L. 2019 SB 278 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
813-365-0070 Administrative Review (1) Any landlord aggrieved by the actions of OHCS or a program provider in administering or providing RGP services 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 458.505, 2017 Oregon Laws, Chapter 659 & O.L. 2019 SB 278 History: OHCS 45-2019, adopt filed 12/31/2019, effective 12/31/2019
813-375-0006 Purpose and Objectives (1) The purpose of these rules is to provide procedures, terms, and criteria for Grant(s) available through the Modular Housing Development Fund (MHDF). (2) The Oregon Housing and Community Services Department shall administer the MHDF to provide Grant(s) for efforts that begin or expand production capacity for the development of Modular Housing and components to support home builders and developers in meeting housing demand. Statutory/Other Authority: HB 2761 (2023) Statutes/Other Implemented: HB 2761 (2023) History: OHCS 30-2024, adopt filed 08/28/2024, effective 09/02/2024 OHCS 11-2024, temporary adopt filed 05/24/2024, effective 05/29/2024 through 11/24/2024
813-375-0011 DEFINITIONS Terms used throughout OAR chapter 813, division 375 may be defined in Oregon Revised Statute (ORS) or in the Department General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions except as defined below: (1) "Fund" means the Modular Housing Development Fund (MHDF) as defined and set forth in HB 2001 (2023). (2) "Modular Housing" means a building as defined in ORS 455.010 as a building or subassembly that has been in whole or substantially manufactured or assembled using closed construction at an off-site location to be wholly or partially assembled on-site. (3) "Equity Centered Management Plan" is a tool for Applicants to operationalize their commitments to diversity, equity, and inclusion within their organization. Statutory/Other Authority: HB 2761 (2023) Statutes/Other Implemented: HB 2761 (2023) History: OHCS 30-2024, adopt filed 08/28/2024, effective 09/02/2024 OHCS 11-2024, temporary adopt filed 05/24/2024, effective 05/29/2024 through 11/24/2024
813-375-0016 EVALUATION CRITERIA Funds will be awarded by the Department using application evaluation criteria, including but not limited to: (1) Provide a plan to comply with legislative demand prioritization categories as by the Department that must be met in the order prescribed: (a) F irst, state and local governments following a wildfire or other disaster; (b) S econd, low-income housing construction in this state; and (c) T hird, middle income housing construction in this state. (2) Attest that Fund award will be utilized for the portion of their business operation that conforms with Oregon State Building Codes definition of Modular Housing, or “prefabricated structure.” (3) Verify that all Grant funding will be utilized in entity’s Oregon business operations. (4) Provide a sound business plan and demonstrate financial stability. (5) Complete an Equity Centered Management Plan. (6) Provide a reporting and outcomes tracking plan. (7) Any other provision as established by the Department. Statutory/Other Authority: HB 2761 (2023) Statutes/Other Implemented: HB 2761 (2023) History: OHCS 30-2024, adopt filed 08/28/2024, effective 09/02/2024 OHCS 11-2024, temporary adopt filed 05/24/2024, effective 05/29/2024 through 11/24/2024
813-375-0021 ELIGIBLE GRANT USES New or expanded capacity uses shall demonstrate that funding will boost current or new production of modular home or component by, but not necessarily limited to, the following activities: (1) Increasing manufacturing space; (2) Purchasing equipment; (3) Standardizing design; (4) Developing infrastructure; (5) Enhancing transportation; and (6) Making advancements in materials and technology. Statutory/Other Authority: HB 2761 (2023) Statutes/Other Implemented: HB 2761 (2023) History: OHCS 30-2024, adopt filed 08/28/2024, effective 09/02/2024 OHCS 11-2024, temporary adopt filed 05/24/2024, effective 05/29/2024 through 11/24/2024
813-375-0026 FUND AWARD The Department, in its sole discretion, shall determine Grant(s) awarded from the Fund. (1) Upon approval of an award from the Fund, the Department will enter into a binding Grant Agreement with the successful Applicant(s). (2) The Grant Agreement shall be in a form provided by the Department. (3) OHCS will make Grantee information available to Oregon’s Office of Emergency Management and affordable housing development partners. Statutory/Other Authority: HB 2761 (2023) Statutes/Other Implemented: HB 2761 (2023) History: OHCS 30-2024, adopt filed 08/28/2024, effective 09/02/2024 OHCS 11-2024, temporary adopt filed 05/24/2024, effective 05/29/2024 through 11/24/2024
813-375-0031 PROGRAM ADMINISTRATION, REPORTING, AND OVERSIGHT The Department may require specific reporting provisions designed to track investment outcomes for the Oregon Legislature following funding award. Grantees may be required to report to the Department on progress made in meeting all obligations set forth in the Grant Agreement. (1) Reporting may include but may not be limited to: (a) The eligible use of funds; (b) Increases in output from reported pre-award baseline for each Grantee that can be directly or indirectly tied to the Grant investment, and the methodology associated with reported data; (c) Information on orders received for wildfire response, natural disaster, and low- and middle-income housing and how orders were prioritized and completed; (d) Accounting of resource investment; (e) The performance standards expected of Grantee; (f) Additional impacts of investment; (g) MWESB participation goals compliance report, if applicable; (h) Progress report on any other stated goal or outcome as determined by the Department; (i) Other provisions that the Department considers necessary or appropriate to implement the award. (2) In the event of a contract default, any recovered funds will be returned to the Fund and may be awarded to another Applicant. Statutory/Other Authority: HB 2761 (2023) History: OHCS 30-2024, adopt filed 08/28/2024, effective 09/02/2024 OHCS 11-2024, temporary adopt filed 05/24/2024, effective 05/29/2024 through 11/24/2024
813-380-0005 Purpose and Objectives OAR chapter 813, division 380, is promulgated to carry out the provisions of ORS 456.620 (4) instructing the Oregon Housing and Community Services (OHCS) to adopt a methodology for allocating the affordable housing portion of a housing development’s shared costs. Statutory/Other Authority: ORS 456.620 (4) Statutes/Other Implemented: ORS 456.620 (4) History: OHCS 29-2024, adopt filed 08/28/2024, effective 09/02/2024 OHCS 7-2024, temporary adopt filed 04/25/2024, effective 05/01/2024 through 10/27/2024
813-380-0010 Definitions All terms used in OAR chapter 813, division 380 may be defined in Oregon Revised Statute (ORS), or in the Oregon Housing and Community Services (OHCS) General Definitions (OAR 813-005-0005), or herein. As used in these rules, unless the context indicates otherwise: (1) "Applicant" means the development sponsor seeking Department financing for an affordable housing project. (2) "Department" means the Oregon Housing and Community Services Department. (3) "Applicable fraction" means the fraction, either “Unit fraction” or “Floor space fraction," utilized in the Department's allocation of cost sharing in mixed income housing projects financed by the Department. (4) "Unit fraction" means the fraction including the numerator, which is the number of rent-restricted units in the building, and the denominator, which is the total number of residential rental units in the building. (5) "Floor space fraction" means the fraction including the numerator, which is the total floor space of the rent-restricted units in the building, and the denominator, which is the total floor space of all residential rental units. Floor space includes the entire footprint of the unit, including closets within the unit and balconies attached to the unit for the sole use of the tenants occupying the unit. (6) "Mixed income housing project" means a development that is comprised of housing units with differing levels of affordability, typically with some market-rate housing and some housing that is available to low-income occupants below market-rate. (7) "Shared costs" means overhead or project costs that, by their nature, support the entire project rather than specific units. These could include, but are not limited to, roof, parking, or infrastructure costs. Statutory/Other Authority: ORS 456.620 (4) Statutes/Other Implemented: ORS 456.620 (4) History: OHCS 29-2024, adopt filed 08/28/2024, effective 09/02/2024 OHCS 7-2024, temporary adopt filed 04/25/2024, effective 05/01/2024 through 10/27/2024
813-380-0015 Shared Cost Allocation Methodology (1) The Department may finance only the portion of housing projects consisting of units rented to households with an income below 120 percent of the area median income, as defined in ORS 485.610. The Department shall utilize the Applicable Fraction when allocating the rent-restricted portion of a Mixed Income Housing Project’s shared costs, including infrastructure, parking, and other amenities included in the Applicant’s pro forma development plan. (2) The Applicable Fraction used in determining shared costs in a Mixed Income Housing Project shall be the lesser of the Unit Fraction or the Floor Space Fraction. The Department shall calculate both fractions for each Mixed Income Housing Project funding application and apply the smaller fraction total to determine the shared cost allocation. The Applicable Fraction is carried out four decimal places. (3) The allocable cost of tenant facilities, such as swimming pools, other recreational facilities, and parking areas, may be included provided there is no separate fee for the use of the facilities and they are made available on a comparable basis to all tenants in the project. Statutory/Other Authority: ORS 456.620 (4) Statutes/Other Implemented: ORS 456.620 (4) History: OHCS 29-2024, adopt filed 08/28/2024, effective 09/02/2024 OHCS 7-2024, temporary adopt filed 04/25/2024, effective 05/01/2024 through 10/27/2024
813-385-0005 Purpose and Objectives (1) OAR Chapter 813, Division 385 establishes the rules and guidelines for funding available through the General Housing Account established by ORS 458.620 for the establishment of the Permanent Supportive Housing (PSH) Risk Mitigation Pool (RMP) designed to help partners operating properties with PSH units offset high operating costs. (2) The Department shall administer the RMP to provide funding to reimburse eligible project owners for physical damage repairs beyond normal wear and tear and supplementing increased operating costs. The RMP is intended to help decrease insurance claims made by PSH partners, provide increased financial stability for PSH partners, and limit property exposure to these unanticipated financial risks. Statutory/Other Authority: SB 5511 & ORS 458.620 Statutes/Other Implemented: SB 5511 & ORS 458.620 History: OHCS 36-2024, adopt filed 09/26/2024, effective 10/01/2024 OHCS 6-2024, temporary adopt filed 04/25/2024, effective 05/01/2024 through 10/27/2024
813-385-0010 Definitions The following terms, when capitalized in these rules, have the meanings given below: (1) “Continuum of Care” or “CoC” means a regional or local planning body that coordinates housing and services funding for families and individuals experiencing homelessness. The group organized to carry out the responsibilities required under 24 CFR part 578 and is composed of representatives of organizations, including nonprofit homeless service providers, victim service providers, faith-based organizations, governments, businesses, advocates, public housing agencies, school districts, social service providers, mental health agencies, hospitals, universities, affordable housing developers, law enforcement, organizations that serve homeless and formerly homeless veterans, and homeless and formerly homeless individuals to the extent these groups are represented within the geographic area and are available to participate. (2) “Coordinated Entry” or “CE” means a centralized or coordinated process developed to ensure that all people experiencing a housing crisis have fair and equal access and are quickly identified, assessed for, referred, and connected to housing and assistance based on their strengths and needs, operated by a region’s Continuum of Care. (3) “Department” means the Oregon Housing and Community Services Department established under ORS 456.555. (4) “Permanent Supportive Housing” or “PSH” means rental housing that is deeply affordable to households with extremely low incomes and provides comprehensive on-site tenancy support services. PSH must be designed and prioritized for households experiencing chronic homelessness, and units must be filled through a community’s Coordinated Entry process or approved alternative approach emphasizing equity and racial justice. PSH properties must utilize a form of project-based rental assistance and must provide comprehensive PSH services on site. Statutory/Other Authority: SB5511 & ORS 458.620 Statutes/Other Implemented: SB5511 & ORS 458.620 History: OHCS 36-2024, adopt filed 09/26/2024, effective 10/01/2024 OHCS 6-2024, temporary adopt filed 04/25/2024, effective 05/01/2024 through 10/27/2024
813-385-0015 Eligibility Requirements To be eligible for RMP resources, a property must meet all of the requirements below: (1) Must have 1 or more Department PSH units within the property (2) Utilize CE or other Department-approved process to fill PSH unit(s); (3) Utilize project-based rental assistance for PSH unit(s); (4) Provide on-site tenancy support services; and (5) Is a part of the Department portfolio. Statutory/Other Authority: SB 5511 & ORS 458.620 Statutes/Other Implemented: SB 5511 & ORS 458.620 History: OHCS 36-2024, adopt filed 09/26/2024, effective 10/01/2024 OHCS 6-2024, temporary adopt filed 04/25/2024, effective 05/01/2024 through 10/27/2024
813-385-0020 Uses/Types of Claims (1) Eligible Uses. The RMP is a reimbursement-based program designed to pay for extraordinary costs associated with a property’s physical damages and operational losses connected to the operation of PSH. These are costs that extend beyond a property’s standard operating budget and are not being reimbursed by security deposits, insurance payments, or other forms of coverage or reimbursement. The RMP may be used to reimburse owners of eligible properties for: (a) Physical damages beyond normal wear and tear caused by a PSH tenant or their guest(s); (b) Operational losses associated with a PSH tenant or their guest(s); and (c) An administrative fee of up to 5% of the amount of the total costs associated with (a) or (b) above is allowable (included in the maximum funding allowable for the claim). (2) Eligible properties must exhaust any local risk mitigation pool or similar program resources before utilizing the RMP funding. If there is a local risk mitigation pool or similar resource, claimants need to provide documentation that funds from the local risk mitigation resources have been exhausted. Department staff may verify the information directly with local risk mitigation programs. (3) Compliance: (a) The Department reserves the right to ensure funding was utilized as intended and may do so through fiscal audits and compliance reviews. (b) If the claimant makes expenditures or incurs costs for purposes inconsistent with allowable costs as prescribed by the Department or in the original claim, funds are subject to recapture and the Department may exercise any remedies available by law. Statutory/Other Authority: SB 5511 & ORS 458.620 Statutes/Other Implemented: SB 5511 & ORS 458.620 History: OHCS 36-2024, adopt filed 09/26/2024, effective 10/01/2024 OHCS 6-2024, temporary adopt filed 04/25/2024, effective 05/01/2024 through 10/27/2024