150-308-0700 Qualification of Property for Special Assessment as Government Restricted Multiunit Rental Housing (1) Definitions: (a) "Qualified income rental housing" means property subject to the occupancy by tenants who meet restricted incomes and rents as described in the government incentive program in which the owner of the property is participating. (b) "Dwelling unit" means a structure or the part of a structure that is used as a home or residence. (c) "Contiguous" means having a common boundary to some extent greater than a point. Tax lots are contiguous if separated by public or county roads, state highways, or non-navigable streams or rivers. Tax lots are not contiguous if they are separated by interstate freeways or navigable streams or rivers, except where there is direct connecting access, such as an underpass, for property separated by an interstate freeway. (d) "Assisted Living Facility" means a building, complex or distinct part thereof, consisting of fully self-contained individual living units where six or more seniors and adult persons with disabilities may reside in homelike surroundings. The facility offers and coordinates a range of supportive services available on a 24-hour basis to meet the activities of daily living, health, and social needs of the residents. A program approach is used to promote resident self-direction and participation in decisions that emphasize choice, dignity, privacy, individuality, and independence. (e) "Residential Care Facility" means a building, complex or distinct part thereof, consisting of shared or individual living units in a homelike surrounding where six or more seniors and adult persons with disabilities may reside. The facility offers and coordinates a range of supportive services available on a 24-hour basis to meet the activities of daily living, health, and social needs of the residents. A program approach is used to promote resident self-direction and participation in decisions that emphasize choice, dignity, individuality, and independence. (f) "Services" means supervision or assistance provided in support of a resident's needs, preferences and comfort, including health care and activities of daily living, that help develop, increase, maintain, or maximize the resident's level of independent, psychosocial and physical functioning. (2) To qualify for special assessment as government restricted multiunit rental housing, all of the following criteria must be met: (a) The owner must file an application with the assessor in the county where the property is located; (b) The property must be subject to a government restriction, which limits the use of the housing to qualified income rental housing, as of January 1 of the assessment year. (c) The property owner must receive a government incentive for agreeing to limit the use of the property to qualified income rental housing. These incentives may include, but are not limited to: (A) A low-income housing tax credit under section 42 of the Internal Revenue Code; (B) Financing derived from exempt facility bonds for qualified residential rental projects under section 142 of the Internal Revenue Code; (C) Financing derived from non-hospital bonds issued by entities that are tax-exempt pursuant to section 501(c)(3) of the Internal Revenue Code; (D) A low interest loan under section 235 or section 236 of the National Housing Act (12 U.S.C. 1715Z or 1715Z-1) or under 42 U.S.C. 1485; (E) A government rent subsidy; (F) A government guaranteed loan; or (G) A rural development 515 low interest multifamily loan. (d) The property must be residential rental housing consisting of four or more dwelling units situated on the same or contiguous tax lots. If there are multiple residential structures, at least 50 percent of the structures must contain two or more dwelling units; and (e) The property must not be an assisted living or residential care facility, or provide a program of assisted living or residential care services. (3) Examples of properties that may qualify for special assessment as having four or more dwelling units include: (a) Two duplexes on the same tax lot. (b) Two tax lots, each having one duplex and separated by a local street. (c) Two duplexes plus two single family units, one of which may be a manager's unit, with each structure on a separate but contiguous tax lot. (4) Examples of properties that do not qualify for special assessment as having four or more dwelling units include: (a) A triplex. (b) Scattered, non-contiguous sites with no more than three units per site. (c) One duplex plus two single family units. (d) Single family homes, regardless of how many, whether on a single or contiguous tax lots. (e) Group homes. (5) If a single housing project consists of some units that qualify under this rule, such as two duplexes on the same tax lot, plus some units that do not qualify, such as two more duplexes on non-contiguous tax lots, only those units that qualify under this rule may be subject to special assessment. Statutory/Other Authority: ORS 305.100 Statutes/Other Implemented: ORS 205.320, 308.027, 308.156, 308.205, 308.234, 308.704, 308.709, 308.712, 308.714, 311.806, 309.200 & 457.450 History: Renumbered from 150-308.704, REV 59-2016, f. 8-13-16, cert. ef. 9-1-16 REV 7-2008, f. 8-29-08, cert. ef. 8-31-08 REV 10-2002, f. & cert. ef. 12-31-02 REV 6-2001, f. & cert. ef. 12-31-01