justicedao/ipfs_state_laws huggingface dataset:
813-015-0035 Application Review and Processing Procedures (1) The Department will review Program loan applications upon their appropriate delivery subject to, but not limited to: (a) Applications being complete and consistent with Department and Program requirements, guidelines and policy standards. (2) ORR Loans not exceeding $100,000 may be approved by the Department. Any ORR Loan exceeding $100,000 must be approved by the Housing Stability Council. (3) After consideration of the proposal, the Department will approve or disapprove the ORR Loan request or take other appropriate action. (4) The Eligible Borrower will be notified in writing of the Department’s decision. (5) If a ORR Loan request is approved, the Department will issue a Commitment letter containing the terms and conditions on which the Department will close the ORR Loan. (6) In approving or disapproving any ORR Loan application, the Department may consider, but is not limited to, the following criteria: (a) Availability of Program Funds; (b) Ability to leverage public or private funds; (c) Geographic area affected; (d) Number and type of housing units to be provided or the number of Farmworkers to be housed; (e) Financial strength and viability of the proposed Eligible Project; (f) Experience of the development team; (g) The development team’s readiness to proceed with development; (h) The proposed repayment plan; (i) The value of the security offered as collateral; and (j) Administrative costs and/or responsibilities imposed on the Department in connection with the proposed Funding. (7) ORR Loan funds will be disbursed upon the Eligible Borrower executing the Commitment letter, satisfying all pre-closing conditions contained in the Commitment letter, and execution of the Loan Documents. Statutory/Other Authority: ORS 456.515 - 456.725 Statutes/Other Implemented: ORS 456.515 - 456.725 & 566.310 - 566.360 History: OHCS 19-2006, f. & cert. ef. 11-15-06
813-015-0040 Transfer of Ownership (1) An Eligible Borrower who has received an ORR Loan shall not transfer ownership, lease, or otherwise encumber any property which serves as security for a ORR Loan without prior written consent from the Department. Consent will not be unreasonably withheld. (2) A transfer of ownership means a sale, conveyance or other transfer of: (a) Any interest of a general partner; (b) Any interest in a joint venture; (c) More than twenty-five percent (25%) of the limited partner’s interest; (d) More than ten percent (10%) of a corporate owner’s interest; or (e) Any individual interest when the ownership is not a limited partnership, joint venture or corporation. (3) The Department may collect from the Eligible Borrower a transfer processing charge of 1% of the current ORR Loan balance with a minimum of $100 and a maximum of $1,000, plus any incurred Department of Justice charges or other legal costs incurred. Statutory/Other Authority: ORS 456.515 - 456.725 Statutes/Other Implemented: ORS 456.515 - 456.725 & 566.310 - 566.360 History: OHCS 19-2006, f. & cert. ef. 11-15-06
813-015-0045 Equal Opportunity No person receiving Program Funding under OAR chapter 813, division 15, shall make any distinction or restriction or discriminate against any purchaser, occupant or lessee, or prospective purchaser, occupant or lessee, relating to the sale, rental, lease or occupancy of real property, because of race, color, creed, sex, marital status or national origin. Statutory/Other Authority: ORS 456.515 - 456.725 Statutes/Other Implemented: ORS 456.515 - 456.725 & 566.310 - 566.360 History: OHCS 19-2006, f. & cert. ef. 11-15-06
813-015-0050 Waiver The Department may waive or modify any requirements of OAR 813, division 015, unless such waiver or modification would violate applicable federal or state statures or regulations. Statutory/Other Authority: ORS 456.515 - 456.725 Statutes/Other Implemented: ORS 456.515 - 456.725 & 566.310 - 566.360 History: OHCS 19-2006, f. & cert. ef. 11-15-06
813-020-0000 Purpose and Objectives The rules of OAR Chapter 813, Division 20 (this “Division”) establish and implement the Oregon Bond Residential Loan Program & Flex Lending FirstHome Product (the “Program”). Under the Program, Oregon Housing and Community Services (the “Department” or “OHCS”) purchases loans issued by Approved Lenders (described below) for acquisition of single-family homes to encourage and assist moderate- and lower-income persons in Oregon to purchase, improve and rehabilitate owner-occupied new and existing residential housing (the “Mortgage Loans,” described below). Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555, 456.620, 456.625, 456.635 & 456.640 History: OHCS 20-2025, adopt filed 04/16/2025, effective 04/16/2025 OHCS 46-2024, temporary adopt filed 11/04/2024, effective 11/04/2024 through 05/02/2025
813-020-0005 Program Definitions The following definitions and those in ORS Chapters 456 and 458 apply to OAR Chapter 822, unless the context indicates otherwise, or the term is otherwise defined in a subsequent division: (1) “Approved Lender” is a mortgage lender that is authorized by Oregon law to originate mortgage loans in the state and has executed an agreement to provide mortgage loans to the Department. (2) "Department's Servicer" means the Department’s Master Servicer who services Mortgage Backed Security based mortgage loans. (3) "Servicer" means a loan servicer that has an agreement with the Department to provide mortgage loan servicing for individual Department Mortgage Loans. (4) “Servicing” means the act of performing the duties of a Servicer with the department. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555 History: OHCS 20-2025, amend filed 04/16/2025, effective 04/16/2025 OHCS 46-2024, temporary amend filed 11/04/2024, effective 11/04/2024 through 05/02/2025 OHCS 1-2012, f. & cert. ef. 3-27-12 OHCS 8-2011(Temp), f. & cert. ef. 9-30-11 thru 3-27-12 HSG 4-1995, f. & cert. ef. 9-28-95 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 10-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 1HD 9-1984, f. & ef. 9-4-84 1HD 14, f. & ef. 10-3-77
813-020-0020 Approved Lenders All Mortgage Loan(s) will be originated and closed using Approved Lenders who apply for and meet the requirements of a solicitation issued by the Department. Mortgage Loans delivered to the Department by Approved Lenders must also meet the requirements of the Department’s Servicer. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.625 History: OHCS 20-2025, amend filed 04/16/2025, effective 04/16/2025 OHCS 46-2024, temporary amend filed 11/04/2024, effective 11/04/2024 through 05/02/2025 OHCS 1-2012, f. & cert. ef. 3-27-12 OHCS 8-2011(Temp), f. & cert. ef. 9-30-11 thru 3-27-12 HSG 4-1995, f. & cert. ef. 9-28-95 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 10-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 1HD 9-1984, f. & ef. 9-4-84 1HD 3-1979, f. & ef. 6-29-79 1HD 14, f. & ef. 10-3-77
813-020-0035 Locking Loans (1) An Approved Lender may Lock Mortgage Loans (also known as “reserving funds”). A “Lock” reserves funds available for the purchase of Mortgage Loans under the Program. (2) Locks are on a first-come-first-served loan by loan basis. (3) Details regarding Locks are available in the Oregon Bond and Flex Lending FirstHome Guideline Manual located on the Department’s website. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555 History: OHCS 20-2025, amend filed 04/16/2025, effective 04/16/2025 OHCS 46-2024, temporary amend filed 11/04/2024, effective 11/04/2024 through 05/02/2025 OHCS 1-2012, f. & cert. ef. 3-27-12 OHCS 8-2011(Temp), f. & cert. ef. 9-30-11 thru 3-27-12 HSG 4-1995, f. & cert. ef. 9-28-95 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 10-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 1HD 9-1984, f. & ef. 9-4-84 1HD 14, f. & ef. 10-3-77
813-020-0045 Temporary rule language in effect until 08/01/2026. Manual The Oregon Bond and Flex Lending FirstHome Guideline Manual with the requirements and standards therein, is incorporated into and adopted as part of this division of administrative rules, by reference. The program manual may be accessed online at the OHCS website. The manual is dated August 29, 2025. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555 History: OHCS 4-2026, temporary amend filed 02/03/2026, effective 02/03/2026 through 08/01/2026 OHCS 20-2025, amend filed 04/16/2025, effective 04/16/2025 OHCS 46-2024, temporary amend filed 11/04/2024, effective 11/04/2024 through 05/02/2025 OHCS 1-2012, f. & cert. ef. 3-27-12 OHCS 8-2011(Temp), f. & cert. ef. 9-30-11 thru 3-27-12 HSG 4-1995, f. & cert. ef. 9-28-95 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 10-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 1HD 9-1984, f. & ef. 9-4-84 1HD 3-1979, f. & ef. 6-29-79 1HD 14, f. & ef. 10-3-77
813-020-0055 Mortgage Loans (1) A mortgage loan under the Program, “Mortgage Loan”, is eligible for purchase by the Department if: (a) The borrower holds title to the property in fee simple or in another form of ownership acceptable to the Department; and (b) The Mortgage Loan meets the requirements set forth in the OHCS Oregon Bond and Flex Lending FirstHome Guideline Manual. (2) A Mortgage Loan is subject to repayment if the Approved Lender, the Department, the Servicer, or the Department's Servicer determines that the borrower was ineligible at the time the Mortgage Loan was made. (3) A second Mortgage Loan may be made to borrowers in conjunction with a FirstHome product. (a) Eligibility requirements for the second Mortgage Loan product follow the same eligibility requirements for the first Mortgage Loan; and (b) The second Mortgage Loan shall assume second lien position behind the first Mortgage Loan. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555 & 456.561 History: OHCS 20-2025, adopt filed 04/16/2025, effective 04/16/2025 OHCS 46-2024, temporary adopt filed 11/04/2024, effective 11/04/2024 through 05/02/2025
813-020-0060 Eligible Borrowers and Residences (1) A borrower is eligible for a mortgage loan under the Program if they meet the eligibility requirements set forth in the Oregon Bond and Flex Lending FirstHome Guideline Manual, and more specifically in the case of a Mortgage Loan made with tax-exempt bonds, the borrower meets the requirements of Section 143 of the Internal Revenue Code of 1986, as amended. (2) A residence is eligible for a mortgage loan under the Program if: (a) The property is residential property located in Oregon; (b) The property contains one unit. (c) The property is structurally sound and functionally adequate; and (d) The property meets the requirements of the Department’s Servicer. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555 History: OHCS 20-2025, amend filed 04/16/2025, effective 04/16/2025 OHCS 46-2024, temporary amend filed 11/04/2024, effective 11/04/2024 through 05/02/2025 OHCS 1-2012, f. & cert. ef. 3-27-12 OHCS 8-2011(Temp), f. & cert. ef. 9-30-11 thru 3-27-12 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 10-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 1HD 1-1980, f. & ef. 2-21-80
813-020-0090 Mortgage Loan Servicing All Program Loans shall be serviced in accordance with the requirements of the Department’s Servicer to include: (1) Oregon Bond Residential Loan Program (a)The Servicer or Department’s Servicer, shall service a loan under the Oregon Bond Residential Loan Program in accordance with the servicing agreement and the rules of this division. (b) A Servicer shall charge for Mortgage Loan servicing according to uniform servicing rates established by the Department that are based on the estimated costs of servicing Mortgage Loans and prevailing rates for servicing similar loans . (c) For the term of a Mortgage Loan, the borrower shall make monthly escrow payments for real estate property taxes and assessments, hazard insurance premiums and, if necessary, mortgage insurance premiums, except as otherwise provided in the terms of the Mortgage Loan agreement. (d) Upon approval by the Department, a Servicer may take one or more actions to protect the Department’s security in a residence financed by a Mortgage Loan. The actions may include but are not limited to the following: (A) Loan modification ; (B) Property maintenance and repair; (C) Foreclosure or deed-in-lieu of foreclosure proceedings; and (D) Representation of the Department's interest in bankruptcy proceedings. (e) If a Servicer fails to comply with the Department's servicing, reporting or remittance requirements, the Department may assess a penalty or may terminate the servicing agreement. (2) Flex Lending FirstHome Loan Product (a) A borrower is eligible for a mortgage loan under the program if they meet the eligibility requirements set forth in the OHCS Flex Lending Program’s NextStep FirstHome Product Guideline Manual. (b) A residence is eligible for a mortgage loan under the program if: (A) The property is residential property located in Oregon; (B) The property contains one to four residential dwelling units. (C) The property is structurally sound and functionally adequate; and (D) The property meets the requirements of the Department’s Servicer. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.620, 456.625, 456.635 & 456.640 History: OHCS 20-2025, adopt filed 04/16/2025, effective 04/16/2025 OHCS 46-2024, temporary adopt filed 11/04/2024, effective 11/04/2024 through 05/02/2025
813-020-0100 Approved Mortgage Loan Servicers (1) A bank, savings bank or other financial institution that is authorized under the laws of a state or of the United States to engage in the business of servicing Mortgage Loans for residential housing may apply to become an approved Servicer under the Oregon Bond and Flex Lending FirstHome product by submitting the following to the Department: (a) An application in the form prescribed by the Department; (b) An opinion by the counsel of the applicant regarding the power and authority of the applicant to enter into a Mortgage Loan servicing agreement with the Department; (c) A list of the authorized officers of the applicant and the signature of each officer; (d) The most recent audited financial statements of the applicant; (e) Documentation evidencing bond and insurance coverage; (f) An application charge in an amount established by the Department for its costs of evaluation and administration; and (g) Documentation indicating the volume of residential loans produced by the applicant's mortgage lending offices in Oregon. (2) An applicant under section (1) of this rule must demonstrate to the Department’s satisfaction that: (a) One of the applicant’s principal functions is servicing Mortgage Loans; (b) Such servicing is a customary and regular business activity of the applicant; (c) The applicant is approved to service conventional Mortgage Loans for the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation and is approved to service government Mortgage Loans for Ginnie Mae if servicing Federal Housing Administration or the Veterans Affairs Mortgage Loans; (d) The applicant deposits funds to accounts in depositories that comply with the requirements of ORS 295.002, 295.005, 295.015 to 295.018 and 295.205 and that are insured to the full extent legally possible by the Federal Deposit Insurance Corporation or other similar federal insuring Department; and (e) The applicant will maintain servicing facilities adequately staffed with trained personnel familiar with all rules, regulations and requirements pertaining to or affecting Mortgage Loans. (3) An applicant may service Mortgage Loans if the Department determines that an applicant is qualified to service Mortgage Loans and if the applicant enters into an agreement with the Department to service Mortgage Loans according to a standard form prescribed by the Department. (4) A Servicer may assign Mortgage Loan Servicing to another Servicer upon written approval by the Department. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.620, 456.625, 456.635 & 456.640 History: OHCS 20-2025, adopt filed 04/16/2025, effective 04/16/2025 OHCS 46-2024, temporary adopt filed 11/04/2024, effective 11/04/2024 through 05/02/2025
813-020-0110 Servicing Manual The Oregon Bond Residential Loan Program Servicing Manual, is incorporated into and adopted as part of this division of administrative rules, by reference. The Servicing Manual be accessed online at the OHCS website. The Servicing Manual is dated December 2025. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555, 456.620, 456.625, 456.635 & 456.640 History: OHCS 49-2025, adopt filed 12/04/2025, effective 12/05/2025 OHCS 33-2025, temporary adopt filed 07/16/2025, effective 07/17/2025 through 01/06/2026 OHCS 32-2025, temporary adopt filed 07/11/2025, effective 07/14/2025 through 01/06/2026
813-022-0000 Purpose and Objectives The rules of OAR chapter 813, Division 22 establish and implement the Flex Lending Program’s NextStep product. Under the program, the Oregon Housing and Community Services Department purchases mortgages in order to facilitate homeownership for Oregonians with limited access to homeownership. The program will broaden access to safe mortgage products. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555 History: OHCS 20-2025, amend filed 04/16/2025, effective 04/16/2025 OHCS 47-2024, temporary amend filed 11/04/2024, effective 11/04/2024 through 05/02/2025 OHCS 1-2023, adopt filed 02/06/2023, effective 02/08/2023
813-022-0005 Program Definitions The following definitions and those in ORS Chapters 456 and 458 apply to OAR Chapter 822, unless the context indicates otherwise, or the term is otherwise defined in a subsequent division: (1) “Approved Lender” is a mortgage lender that is authorized by Oregon law to originate mortgage loans in the state and has executed an agreement to provide mortgage loans to the Department. ( 2) "Department's Servicer" means the loan servicer that has an agreement with the Department to provide mortgage loan servicing. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555 History: OHCS 1-2023, adopt filed 02/06/2023, effective 02/08/2023
813-022-0020 Approved Lenders All Program Loan(s) will be originated and closed using Approved Lenders who apply for and meet the requirements of a solicitation issued by the Agency. Mortgage Loans delivered to the Department by Approved Lenders must also meet the requirements of the Department’s Servicer. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555 History: OHCS 1-2023, adopt filed 02/06/2023, effective 02/08/2023
813-022-0035 Reservation of Funds (1) An Approved Lender may reserve funds (also known as “locking a loan”). (2) Funds are reserved on a first-come-first-served loan by loan basis. (3) Details regarding reservation of funds is available in the OHCS Flex Lending Program 's NextStep Product Guideline Manual. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555 History: OHCS 20-2025, amend filed 04/16/2025, effective 04/16/2025 OHCS 47-2024, temporary amend filed 11/04/2024, effective 11/04/2024 through 05/02/2025 OHCS 45-2024, renumbered from 813-022-0030, filed 11/01/2024, effective 11/01/2024 OHCS 1-2023, adopt filed 02/06/2023, effective 02/08/2023
813-022-0045 Temporary rule language in effect until 08/01/2026. Manual The Flex Lending Program's NextStep Product Guideline Manual with the requirements and standards therein, is incorporated into and adopted as part of this division of administrative rules, by reference. The program manual may be accessed online at the OHCS website. The manual is dated September 29, 2025. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555 History: OHCS 4-2026, temporary amend filed 02/03/2026, effective 02/03/2026 through 08/01/2026 OHCS 20-2025, amend filed 04/16/2025, effective 04/16/2025 OHCS 47-2024, temporary amend filed 11/04/2024, effective 11/04/2024 through 05/02/2025 OHCS 45-2024, renumbered from 813-022-0040, filed 11/01/2024, effective 11/01/2024 OHCS 32-2023, amend filed 12/21/2023, effective 12/28/2023 OHCS 25-2023, temporary amend filed 09/29/2023, effective 10/12/2023 through 04/08/2024 OHCS 14-2023, temporary amend filed 06/13/2023, effective 06/13/2023 through 10/11/2023 OHCS 1-2023, adopt filed 02/06/2023, effective 02/08/2023
813-022-0055 Program Loans (1) A mortgage loan under the program is eligible for purchase by the Department if: (a) The borrower holds title to the property in fee simple or in another form of ownership acceptable to the Department; and (b) The mortgage loan meets the requirements set forth in the OHCS Flex Lending Program's NextStep Product Guideline Manual. (2) A mortgage loan is subject to repayment if the Approved Lender, the Department, or the Department's Servicers determines that the borrower was ineligible at the time the mortgage was made. (3) A second mortgage loan may be made to borrowers in conjunction with a Flex Lending Program's NextStep Loan, at the discretion of the Department (a) Eligibility requirements for the second mortgage loan product follow the same eligibility requirements for the first Program Loan; and (b) The second mortgage loan shall assume second position behind the first mortgage loan. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.561 & ORS 456.555 History: OHCS 20-2025, amend filed 04/16/2025, effective 04/16/2025 OHCS 47-2024, temporary amend filed 11/04/2024, effective 11/04/2024 through 05/02/2025 OHCS 45-2024, renumbered from 813-022-0050, filed 11/01/2024, effective 11/01/2024 OHCS 1-2023, adopt filed 02/06/2023, effective 02/08/2023
813-022-0060 Eligible Borrowers and Residences (1) A borrower is eligible for a mortgage loan under the program if they meet the eligibility requirements set forth in the OHCS Flex Lending Program's NextStep Product Guideline Manual. (2) A residence is eligible for a mortgage loan under the program if: (a) The property is residential property located in Oregon; (b) The property contains one to four residential dwelling units. (c) The property is structurally sound and functionally adequate; and (d) The property meets the requirements of the Department’s Servicer. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555 History: OHCS 20-2025, amend filed 04/16/2025, effective 04/16/2025 OHCS 47-2024, temporary amend filed 11/04/2024, effective 11/04/2024 through 05/02/2025 OHCS 1-2023, adopt filed 02/06/2023, effective 02/08/2023
813-022-0090 Mortgage Servicing All Program Loans shall be serviced in accordance with the requirements of the Department’s Servicer to include: (1) Escrow account maintenance; and (2) The following items, as applicable: (a) Mortgage loan modification; (b) Property maintenance and repair; (c) Foreclosure or deed-in-lieu of foreclosure proceedings; and (d) Representation of the investor's interest in bankruptcy proceedings. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555 History: OHCS 1-2023, adopt filed 02/06/2023, effective 02/08/2023
813-025-0005 Purpose and Objectives The rules of OAR, chapter 813, division 025, are established to administer and enforce ORS 183.530 and 183.534. These rules require certain agencies to prepare a housing cost impact statement upon the proposal or repeal of any rule or amendment to an existing rule by certain agencies identified in ORS 183.530. Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 183.530 & 183.534 History: OHCS 4-2000, f. & cert. ef. 11-15-00