justicedao/ipfs_state_laws huggingface dataset:
813-125-0046 Third Party Administrator Oversight In cooperation and collaboration with the DOE Early Learning Division, the Department will provide oversight to a Third Party Administrator if one is determined to be in the best interest of the program. Oversight may be established through a cooperative review process or may be done through the establishment of a CARE Review Committee that includes stakeholders as outlined in 813-125-0040. Joint reviews shall be done at least annually and may be more often if determined appropriate. The Department shall establish report criteria for the Third Party Administrator that includes, at a minimum, the information outlined in 813-125-0040. Statutory/Other Authority: ORS 456.502 & ORS 456.555 Statutes/Other Implemented: ORS 456.502 & ORS 456.555 History: OHCS 33-2023, adopt filed 12/27/2023, effective 12/29/2023
813-125-0051 Third Party Administrator Fees & Changes In the event of a Third Party Administrator, the Department may establish a longer term contract and the Third Party Administrator may establish a loan fee structure for loans delivered under a lon-term contract with the Department. The Department may engage in a long term contract with targeted performance outcomes allowing for contract termination earlier if necessary. However, if performing, a long term contract is preferred due to the high front end costs and the long term capital needs of ECE providers and affordable housing developers, the Third Party Administrator may establish a loan fee structure and an application fee to support the ongoing administration of loans delivered under the CARE program. Statutory/Other Authority: ORS 456.502 & ORS 456.555 Statutes/Other Implemented: ORS 456.502 & ORS 456.555 History: OHCS 33-2023, adopt filed 12/27/2023, effective 12/29/2023
813-130-0000 Purpose and Objectives OAR chapter 813, division 130, is promulgated to carry out the provisions of the HELP Program. The department receives HELP funds from the U.S. Department of Housing and Urban Development (HUD) under Section 1012 of the Steward B. McKinney Homeless Assistance Act ("the McKinney Act") of 1988. The HELP program is funded by monies realized from the HUD-authorized refunding of existing bonds issued by the department, the proceeds of which were originally used to finance housing projects, pursuant to an agreement between the department and HUD under HUD's Financing Adjustment Factor (FAF) program. Under the FAF program, HUD shares such monies realized from these refundings on an equal basis with bond issuers such as the department, and attaches certain restrictions and requirements upon the use of funds realized from such refunding. The HELP program's purpose is to provide financial assistance for the construction, acquisition and/or rehabilitation of multifamily rental housing for individuals and families of very low income in order to expand the supply of affordable, decent, safe and sanitary housing in Oregon. Additional program policies and instructions are outlined in the HELP Program Policies and Guidelines Manual dated June 21, 2013 (the “HELP Manual” or “Manual”), incorporated herein by reference. The Manual may be accessed online on the department’s website. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555, 456.559 & 456.625 History: OHCS 21-2013, f. & cert. ef. 12-18-13 OHCS 15-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 OHCS 11-2007, f. & cert. ef. 1-11-07 OHCS 12-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07 HSG 4-1994, f. & cert. ef. 8-1-94 HSG 6-1993(Temp), f. & cert. ef. 10-1-93
813-130-0010 Definitions Certain terms used in OAR chapter 813, division 130, are defined in the Act, 813-005-0005, and herein. Other terms may be identified in the text of this division (including by incorporation), otherwise in chapter 813, or applicable law. As used in OAR chapter 813, division 130, unless the context indicates otherwise: (1) "Affordability period" means the period during which a project assisted with HELP funds must remain affordable to very low income residents, which period shall be at least 10 years from the date of the use agreement executed in favor of the department. (2) "Annual household income" means the anticipated total income from all sources received by the family head and by each additional member of the family of 18 years of age and over, including all net income derived from assets for the twelve-month period following the effective date of certification of income, in accordance with HUD regulations, 24 CFR 813. (3) "Applicant" means an applicant for HELP funds. (4) "Household" means one or more persons occupying a housing unit. (5) "HUD" means the U.S. Department of Housing and Urban Development. (6) "Low income" means annual household income that does not exceed 80 percent of the median household income for the area, as determined by HUD, with allowances for family size. (7) "Nonprofit organization" means: (a) An organization that has obtained tax-exempt status under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and is established under the provisions of ORS Chapter 65, (b) A community development corporation as defined in ORS 458.210, (c) A housing authority as defined in ORS 456.005, (d) A community action agency established pursuant to the federal Economic Opportunity Act of 1964, which meets the requirements of ORS 458.505(4), or (e) Other nonprofit entity satisfactory to the department and representing or seeking to serve the housing, human services and community economic revitalization needs of a clearly-defined population and area. (8) "Program" means the HELP program. (9) “Project” means a multifamily rental housing development assisted or to be assisted, in part, with HELP program funds. (10) "Recipient" means a recipient of HELP funds to be used for project assistance. (11) "Use agreement" means the Financing Adjustment Factor Savings Funds Use Agreement between a recipient and the department. (12) "Very low income" means annual household income that does not exceed 50 percent of the median household income for the area, as determined by HUD, with allowances for family size. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555, 456.559 & 456.625 History: OHCS 21-2013, f. & cert. ef. 12-18-13 OHCS 15-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 OHCS 11-2007, f. & cert. ef. 1-11-07 OHCS 12-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07 HSG 4-1994, f. & cert. ef. 8-1-94 HSG 6-1993(Temp), f. & cert. ef. 10-1-93
813-130-0020 Eligible Applicants for HELP Funds Eligible recipients for HELP funds include units of general local government and nonprofit organizations that propose to construct, acquire and/or rehabilitate projects with rental housing units for very low income tenants. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555, 456.559 & 456.625 History: OHCS 21-2013, f. & cert. ef. 12-18-13 OHCS 15-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 OHCS 11-2007, f. & cert. ef. 1-11-07 OHCS 12-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07 HSG 4-1994, f. & cert. ef. 8-1-94 HSG 6-1993(Temp), f. & cert. ef. 10-1-93
813-130-0030 Eligible Activities for HELP Funds HELP funds provided by the department shall be used for the construction, acquisition and/or rehabilitation of projects with rental housing units for very low income tenants. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555, 456.559 & 456.625 History: OHCS 21-2013, f. & cert. ef. 12-18-13 OHCS 15-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 OHCS 11-2007, f. & cert. ef. 1-11-07 OHCS 12-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07 HSG 4-1994, f. & cert. ef. 8-1-94 HSG 6-1993(Temp), f. & cert. ef. 10-1-93
813-130-0040 Eligible Costs for HELP Funds Project costs eligible for HELP assistance are costs that promote housing affordability and include, but are not limited to: (1) Development hard costs, such as the actual costs of constructing or rehabilitating rental housing; (2) Costs of acquiring improved or unimproved real property; (3) Pre-development costs which have been pre-approved by the department; (4) Soft development costs associated with the construction, acquisition, or rehabilitation, including fees and interest studies; and (5) Other uses identified in the HELP manual. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555, 456.559 & 456.625 History: OHCS 21-2013, f. & cert. ef. 12-18-13 OHCS 15-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 OHCS 11-2007, f. & cert. ef. 1-11-07 OHCS 12-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07 HSG 4-1994, f. & cert. ef. 8-1-94 HSG 6-1993(Temp), f. & cert. ef. 10-1-93
813-130-0050 HELP Affordability Requirements (1) A use agreement executed by the department and a recipient shall include covenants and restrictions running with land (that will be binding upon the recipient and any successors in title to the project) that require such project to remain affordable to very low income residents during the affordability period. (2) Use agreements, inter alia, will require recipients or other project owners to obtain resident income certifications at the time of initial occupancy of the HELP-assisted units and on an annual basis thereafter during the affordability period to document to the department that units assisted with HELP funds continue to serve very low income tenants. (3) Use agreements, inter alia, may provide that a tenant household with very low income at the time of initial occupancy will remain eligible despite the rise of household income and will not be displaced by reason of ceasing to qualify as a very low income family or person if the owner exercises reasonable efforts to lease the next available similar unit in the project to a family or person of very low income. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555, 456.559 & 456.625 History: OHCS 21-2013, f. & cert. ef. 12-18-13 OHCS 15-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 OHCS 11-2007, f. & cert. ef. 1-11-07 OHCS 12-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07 HSG 4-1994, f. & cert. ef. 8-1-94 HSG 6-1993(Temp), f. & cert. ef. 10-1-93
813-130-0060 Program Requirements The department has developed policies and guidelines for the HELP program, which supplement division 120 and 24 CFR 813. These policies and guidelines are contained in the HELP manual and further address application procedures, project eligibility, project selection criteria, financial assistance available, and other applicable information. Other applicable chapter 813 rules, department directives, and the terms of required funding documents also apply. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555, 456.559 & 456.625 History: OHCS 21-2013, f. & cert. ef. 12-18-13 OHCS 15-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 OHCS 11-2007, f. & cert. ef. 1-11-07 OHCS 12-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07 HSG 4-1994, f. & cert. ef. 8-1-94 HSG 6-1993(Temp), f. & cert. ef. 10-1-93
813-130-0070 Distribution of Funds The department may distribute HELP funds consistent with OAR chapter 813 and pursuant to relevant solicitation documents including, but not limited to a Notice of Funding Availability (“NOFA”) or as otherwise determined by the department. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555, 456.559 & 456.625 History: OHCS 21-2013, f. & cert. ef. 12-18-13 OHCS 15-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 OHCS 11-2007, f. & cert. ef. 1-11-07 OHCS 12-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07 HSG 4-1994, f. & cert. ef. 8-1-94 HSG 6-1993(Temp), f. & cert. ef. 10-1-93
813-130-0090 Application Review (1) An application for assistance from the HELP program is subject to the department’s evaluation and approval or disapproval according to criteria in the solicitation documents or otherwise that may include, but are not limited to the following: (a) The amount of available funds in the HELP program; (b) The availability of other sources of assistance; (c) The applicant's efforts to leverage other public or private funds; (d) Whether the project is financially feasible and the financial strength and history of the prospective recipient; (e) The location of the project site, including its proximity to transportation, shopping, social, commercial and recreational facilities, medical services and such other facilities and services that best serve the residents; (f) Availability of street, sewer, water, utilities and other public services; (g) Architectural design, including aesthetic quality, soundness of construction, energy efficiency, and suitability to the needs of the residents to be served; (h) Whether or not the project will include fee ownership of the real property; (i) Compliance with applicable local comprehensive plan and land use regulations, housing codes and other applicable standards; (j) Market demand; (k) The target population to be served; (l) The experience of the developer, contractors, architects, consultants and management agent in developing, constructing and operating housing projects; (m) The department's experience with and the reputation, experience, capacity, legal history and status of the applicant and its agents, representatives, employees and contractors; (n) Whether the project in comparison to others best achieves the purposes of the HELP program; and (o) Other factors that the department determines to be relevant including, but not limited to any evaluation criteria in the solicitation documents, HELP Manual, General Manual, or otherwise. (2) If the department approves an application in whole or in part and if the amount of the HELP assistance or any other department funding approved by the department that was considered by the department in setting the amount of HELP assistance to be provided (“Complementary Funding”) meets or exceeds the threshold amount established in OAR 813-001-0007(1) for review by the Housing Stability Council, the approval of HELP assistance by the department is subject to review and approval by the council of such HELP funding and any such complementary funding. The council may approve, deny, modify or further condition funding subject to its review. Based upon any relevant council determination, including with respect to complementary funding, approval of HELP funding may be deemed revoked, or be modified and further conditioned. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555, 456.559 & 456.625 History: OHCS 21-2013, f. & cert. ef. 12-18-13 OHCS 15-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 OHCS 11-2007, f. & cert. ef. 1-11-07 OHCS 12-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07 HSG 4-1994, f. & cert. ef. 8-1-94 HSG 6-1993(Temp), f. & cert. ef. 10-1-93
813-130-0100 Form of Assistance; Documentation (1) The department may provide HELP funds in the form of a grant or a loan, or a combination of both. Loan rates and terms, if applicable shall be determined by the department based on a project's needs and cash flow, other funding resources, market conditions and an applicant's capacity to repay HELP funds. Preference will be given to those applicants requesting loans that show sufficient project cash flow to repay the loan. The department normally will notify an applicant in a written reservation letter as to the amount and form of HELP assistance, if any, to be provided, together with notable conditions. Such reservation commitments remain subject to department rules, solicitation requirements, applicable law, and the negotiation, execution and recording (if required) of documents satisfactory to the department. (2) Each recipient shall, inter alia, execute a use agreement, containing such terms regarding fees, interest rates, repayment terms, performance criteria, reporting requirements, restrictive covenants, and other terms as the department or HUD considers appropriate or necessary for the type and use of assistance provided. Each use agreement must be: (a) (If the recipient owns the project property at the time of disbursement) recorded as an encumbrance on the project property before any HELP funds are advanced; or (b) If the recipient does not own the project property at the time of disbursement HELP funds, at the discretion of the department, may be placed in escrow in an escrow account established by the recipient satisfactory to the department, and subject to such further conditions as the department may require, including the recording of restrictive covenants running with the project property for the applicable affordability period with appropriate lien priority and taking effect upon close of escrow. (3) The department may require a recipient to execute and record such documents satisfactory to the department as it considers appropriate in its sole discretion. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555, 456.559 & 456.625 History: OHCS 21-2013, f. & cert. ef. 12-18-13 OHCS 15-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 OHCS 11-2007, f. & cert. ef. 1-11-07 OHCS 12-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07 HSG 4-1994, f. & cert. ef. 8-1-94 HSG 6-1993(Temp), f. & cert. ef. 10-1-93
813-130-0110 General Administrative and Monitoring Requirements (1) The department and HUD may perform such reviews or field inspections, including review and copying of documents, as they deem appropriate, inter alia, to ensure program compliance. Project owners must cooperate reasonably with all reviews and field inspections. The department and HUD may require that a recipient take such remedial actions as they determine to be appropriate. (2) Financial records, supporting documents, and all other pertinent records shall be retained by a project owner for five years after the project affordability period is complete, or after any litigation or audit claim is resolved, whichever is later. The department, HUD, the Inspector General, the General Accounting Office, the Oregon Secretary of State and their representatives shall have access to all books, accounts, documents, records and other property belonging to or in use by the recipient and project owner that relate to the use of HELP funds. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555, 456.559 & 456.625 History: OHCS 21-2013, f. & cert. ef. 12-18-13 OHCS 15-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 OHCS 11-2007, f. & cert. ef. 1-11-07 OHCS 12-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07 HSG 4-1994, f. & cert. ef. 8-1-94 HSG 6-1993(Temp), f. & cert. ef. 10-1-93
813-130-0150 Transfer of Recipient, Assistance or Ownership; Subordinate Liens; Encumbrances (1) A recipient of assistance under the HELP program 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 the payment to the department of a transfer charge as established 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; and (e) Continued compliance with applicable state and federal laws, rules and regulations. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555, 456.559 & 456.625 History: OHCS 21-2013, f. & cert. ef. 12-18-13 OHCS 15-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 OHCS 11-2007, f. & cert. ef. 1-11-07 OHCS 12-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07 HSG 4-1994, f. & cert. ef. 8-1-94 HSG 6-1993(Temp), f. & cert. ef. 10-1-93
813-135-0010 Purpose The rules of OAR chapter 813, division 135, are promulgated to carry out the provisions and enforce ORS 458.480 through 458.490 These rules implement the Local Innovation and Fast Track (LIFT) Housing Program. The program’s objective is to expand the state’s supply of affordable housing for low-income households. The program will assist and encourage the development of affordable housing units for low-income households through the allocation of proceeds from Article XI-Q General Obligation bonds. Statutory/Other Authority: ORS 456.515 – 456.725 & ORS 458.480-458.490 Statutes/Other Implemented: ORS 456.559(1)(f) History: OHCS 17-2022, amend filed 07/29/2022, effective 07/31/2022 OHCS 1-2017, f. & cert. ef. 3-9-17 OHCS 9-2016(Temp), f. & cert. ef. 9-12-16 thru 3-10-17
813-135-0025 Temporary rule language in effect until 07/31/2026. Local Innovation and Fast Track Homeownership Program Manual (1) The Local Innovation and Fast Track (LIFT) Manual for Homeownership Development dated February 2, 2026, describes the requirements and guidelines for homeownership projects. (2) The manuals may be accessed online at OHCS’s website. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 456.515 – 456.725 Statutes/Other Implemented: ORS 458.480-458.490 History: OHCS 3-2026, temporary amend filed 02/02/2026, effective 02/02/2026 through 07/31/2026 OHCS 28-2025, amend filed 06/30/2025, effective 07/01/2025 OHCS 2-2025, temporary amend filed 01/03/2025, effective 01/03/2025 through 07/01/2025 OHCS 1-2025, temporary amend filed 01/03/2025, effective 01/03/2025 through 07/01/2025 OHCS 31-2024, amend filed 08/28/2024, effective 09/02/2024 OHCS 15-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024 OHCS 29-2023, temporary amend filed 10/31/2023, effective 11/04/2023 through 04/17/2024 OHCS 11-2023, temporary amend filed 05/09/2023, effective 05/09/2023 through 11/03/2023 OHCS 17-2022, adopt filed 07/29/2022, effective 07/31/2022
813-135-0026 Local Innovation and Fast Track Rental Program Manual (1) The LIFT Rental Program Manual incorporated and adopted as part of this division of administrative rules by reference, dated July 2025, describes the requirements and guidelines for multifamily rental projects. (2) The manuals may be accessed online at OHCS’s website. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 456.515 - 456.725 Statutes/Other Implemented: ORS 458.480 - 456.490 History: OHCS 28-2025, adopt filed 06/30/2025, effective 07/01/2025