justicedao/ipfs_state_laws huggingface dataset:
813-039-0010 Definitions As used in these rules, unless the context indicates otherwise: (1) "Account" means the Farmworker Housing Development Account established in ORS 458.620(1). (2) "Application" means the application form(s) and other information required by the Department to initiate a request for moneys from the Account by a Sponsor to finance a specific Project. (3) "Approve" or "Approval" means the Department, having considered the information provided in a particular Application, together with such other information as the Department considered necessary or appropriate, has reached a preliminary decision that the Application is adequate for review and that the Project described therein is appropriate for funding from the Account and, having obtained Council consent as necessary, has communicated a written offer to the Sponsor to fund the Project as conditioned by the Department, the Council, these rules, ORS 458.600 through 458.660, and other applicable law. (4) "Council" means the Housing Stability Council established in ORS 456.567. (5) "Department" means the Housing and Community Services Department established in ORS 456.555. (6) "Farmworker" means any person working in connection with cultivating the soil, raising or harvesting any agricultural or aquacultural commodity; or in catching, netting, handling, planting, drying, grading, storing, or preserving in its unmanufactured state any agriculture or aquaculture commodity; or delivering to storage, market, or a carrier for transportation to market or to processing any agriculture or aquaculture commodity; or in the forestation or reforestation of land, including but not limited to, the planting, transportation, tubing, precommercial thinning of trees and seedlings, the clearing, pulling and disposal of brush and slash and other related activities; or as otherwise determined by the Department in the exercise of its authority. (7) "Project" means a particular development of Farmworker housing, including but not limited to the construction, acquisition or rehabilitation of such housing, or other efforts that facilitate the expansion of the supply of Farmworker housing, in whole or in part, as further detailed in these rules. (8) "Sponsor" means nonprofit and for-profit corporations or other business entities or individuals authorized to conduct business in the State of Oregon, state and local government entities and housing authorities in Oregon who make Application to finance a Project, in whole or in part, from the Account. Statutory/Other Authority: ORS 456.515, 456.547, 456.550, 456.555, 456.559, 456.571, 456.625, 458.620 & 458.660 Statutes/Other Implemented: ORS 456.555, 456.625, 458.620 & 458.660 History: OHCS 13-2002, f. & cert. ef. 10-10-02
813-039-0020 Application Process (1) The Department may from time to time solicit Applications and may, in its sole discretion, consider for funding only Projects identified in Applications received in response to such solicitations. The Department, in its sole discretion, also may fund Projects on its own initiate or consider for funding Projects identified in Applications not received in response to a Department solicitation. (2) All Applications for assistance from the Account shall be in writing to the Department, and shall contain at a minimum the following information: (a) The name, address, and telephone number of the Sponsor, together with a contact person; (b) The amount and type of Account assistance requested; (c) A description of the Project for which Account assistance is requested, including the purpose of the Project, its location, its owner(s) and ownership structure, its total cost, its funding sources, the type of housing or program involved, the number of low and very low income Farmworker housing units to be provided, the number of Farmworkers to be housed, the duration of such housing, the management plan for such housing, and the willingness to execute and record restrictive covenants to ensure continued availability of such housing; (d) A description of how the Account assistance will be used with respect to the Project, including how such assistance will be leveraged and secured, if applicable; and (e) An estimate of the time period from start to completion of the Project. (3) The Department will not Approve Project requests in excess of Account funds then currently available. The Department, in its sole discretion, may determine the amount of available Account funds to be disbursed at any particular time. Notwithstanding any such determination, the Department shall not be obligated to Approve Projects sufficient to disburse fully such available funds. Within such discretion, and its discretion to consider or to initiate Applications, the Department will Approve those eligible Projects from eligible Sponsors requesting eligible assistance that, in its judgment, best achieve the purposes of ORS 458.660, these rules, and other applicable law, including orders of the Department. (4) An Application may be obtained by contacting the Department at: Oregon Housing and Community Services, Farmworker Housing Development Account, PO Box 14508, Salem, OR 97309-0409. Statutory/Other Authority: ORS 456.515, 456.547, 456.550, 456.555, 456.559, 456.571, 456.625, 458.620 & 458.660 Statutes/Other Implemented: ORS 456.555, 456.625, 458.620 & 458.660 History: OHCS 13-2002, f. & cert. ef. 10-10-02
813-039-0025 Application Review (1) In reviewing Applications for Approval, the Department and the Council, as appropriate, may consider factors including, but not limited to, the following: (a) The Eligibility of Project, Sponsor and requested assistance; (b) The amount, type, source, timing of and restrictions on any leverage funding or other assistance available for the Project; (c) The nature of requested assistance; (d) The willingness of Sponsor to execute and record restrictive covenants and other instruments ensuring ongoing availability of the low and/or very low income Farmworker housing; (e) The amount of available funds in the Account; (f) The involvement of federal, state or local government agencies, nonprofit housing or social service agencies, or other beneficial parties; (g) The geographic area and need affected; (h) The number, type and duration of housing units to be provided or preserved and number of Farmworkers to be housed; (i) The social services to be provided or needed with respect to the housing, if appropriate; and (j) The impacts of the Project on the local community; (k) Local opinion regarding the Project; (l) The feasibility of the Project; and (m) The Administrative costs and/or responsibilities imposed on the Department in connection with the assistance provided. (2) For Project assistance from the Account less than $100,000, the Department may initiate or consider Applications and Approve or not such Projects as it, in its sole discretion deems appropriate. The Department may alter proposed Projects and place such conditions upon its Approval as it deems appropriate or as required by these rules or applicable law. The Department also may stay consideration of any Application pending further investigation or return any Application to its Sponsor for additional information or for required corrections or changes. (3) For Project assistance from the Account equal to or greater than $100,000, the Department will initiate or consider Applications and Approve or not such Projects as it deems appropriate with the consent of the Council. The Department or Council may alter proposed Projects or place such conditions upon the Department’s Approval as either deems appropriate or as required by these rules or applicable law. The Department or Council also may stay consideration of any Application pending further investigation or return any Application to its Sponsor for additional information or for required corrections or changes. Statutory/Other Authority: ORS 456.515, 456.547, 456.550, 456.555, 456.559, 456.571, 456.625, 458.620 & 458.660 Statutes/Other Implemented: ORS 456.555, 456.625, 458.620 & 458.660 History: OHCS 13-2002, f. & cert. ef. 10-10-02
813-039-0030 Form of Assistance (1) The Department will confirm in its Approval to the Sponsor the type of assistance, if any, to be provided from the Account for the Project. Assistance may be provided as a loan, a grant, a combination of a loan and grant, or in such other form as determined by the Department. (2) The Department, inter alia, may require the Sponsor to execute such documents as the Department considers appropriate or necessary, in its sole discretion, to evidence the type and amount of assistance provided, and any terms and conditions required by the Department or Council in connection with such assistance. (3) If any term or condition in the Approval of Account assistance, or in the documents related thereto, is not timely performed by Sponsor — or upon the discovery by the Department of any misrepresentation or omission of a material fact by the Sponsor — the Department may immediately revoke its Approval, require repayment of all or any portion of Account assistance previously advanced, if any, and effect any other remedy available to it at law or otherwise. Statutory/Other Authority: ORS 456.515, 456.547, 456.550, 456.555, 456.559, 456.571, 456.625, 458.620 & 458.660 Statutes/Other Implemented: ORS 456.555, 456.625, 458.620 & 458.660 History: OHCS 13-2002, f. & cert. ef. 10-10-02
813-039-0040 Waiver The Department may waive or modify any requirements of OAR 813, division 039, unless such waiver or modification would violate applicable federal or state statutes or regulations. Statutory/Other Authority: ORS 456.515, 456.547, 456.550, 456.555, 456.559, 456.571, 456.625, 458.620 & 458.660 Statutes/Other Implemented: ORS 456.555, 456.625, 458.620 & 458.660 History: OHCS 13-2002, f. & cert. ef. 10-10-02
813-040-0005 General Purpose The rules of OAR 813, division 40 are established to administer ORS 456.515 through 456.720, specifically 456.550, 456.559, 456.574 and 456.710, which authorize the Housing and Community Services Department to provide non interest-bearing and interest-bearing advances to housing sponsors to stimulate the production of housing for persons and families of lower income in the State of Oregon. These advances will be called Seed Money Advances and will be used only to cover predevelopment costs. Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.550, 456.559, 456.574 & 456.710 History: OHCS 18-2006, f. & cert. ef. 10-3-06 OHCS 6-2006(Temp), f. & cert. ef. 4-13-06 thru 10-9-06 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 12-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 1HD 15-1984, f. & ef. 9-4-84 1HD 5-1982, f. & ef. 6-28-82 1HD 10-1981(Temp), f. & ef. 8-27-81
813-040-0010 Definitions (1) The meanings of words and terms used in OAR 813, division 040, are consistent with definitions in the Act, and as provided in OAR 813-005-0005 and herein. As used in these rules, unless otherwise indicated by the context: (2) "Approval Letter" means a letter from the Department to the proposed prospective Borrower or Sponsor which provides notification of the Department's approval of the Seed Money Advance. The letter also requires the prospective Borrower’s agreement to repay the Seed Money Advance at the time of land acquisition or with the first construction draw, but no later than permanent loan closing. (3) "Borrower" means, subject to the approval of the Department, a Person, including a Qualified Housing Sponsor, who satisfies the legal, financial and credit criteria as set forth in the applicable Program rules, and who has received a Program Loan. (4) "Nonprofit Borrower" means, subject to the approval of the Department, a Qualified Housing Sponsor who is a non-profit housing corporation, a housing authority created by ORS 456.075, an urban renewal department created by 457.035, and any city or county governing body or department or department designated by the governing body, who satisfies the legal, financial and credit criteria as set forth in the applicable Program rules, and who has received a Program Loan. (5) "Predevelopment Costs" means expenses for architectural design, legal fees, survey and soils boring, appraisal, consultant fees, land option carrying charges, land acquisition costs, federal or state application fees or other recoverable development costs approved by the Department. (6) "Proposal" means an application or other documentation submitted to the Department which describes the proposed housing Project and provides information which enables the Department to assess the probability of the Seed Money Advance being repaid. (7) "Seed Money Advance Agreement" means the agreement between the Department and a Qualified Nonprofit Borrower or other Borrower which establishes the terms, conditions and procedures governing the Seed Money Advance. Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.550, 456.559, 456.574 & 456.710 History: OHCS 18-2006, f. & cert. ef. 10-3-06 OHCS 6-2006(Temp), f. & cert. ef. 4-13-06 thru 10-9-06 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 12-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 8-1987, f. & ef. 3-10-87 1HD 15-1984, f. & ef. 9-4-84 1HD 5-1982, f. & ef. 6-28-82 1HD 10-1981(Temp), f. & ef. 8-27-81
813-040-0015 Eligibility for the Seed Money Advance The prospective Nonprofit Borrower or other Borrower will demonstrate the need of a Seed Money Advance to pay Predevelopment Costs as set forth in the Proposal and will satisfy the standards of the Department for financial responsibility and stability. Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.550, 456.559, 456.574 & 456.710 History: OHCS 18-2006, f. & cert. ef. 10-3-06 OHCS 6-2006(Temp), f. & cert. ef. 4-13-06 thru 10-9-06 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 12-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 8-1987, f. & ef. 3-10-87 1HD 15-1984, f. & ef. 9-4-84 1HD 5-1982, f. & ef. 6-28-82 1HD 10-1981(Temp), f. & ef. 8-27-81
813-040-0020 Limitation on Size of Advance; Source of Funds (1) The Seed Money Advance amount shall not exceed $40,000. Seed Money Advances shall be made from the Department's Revolving Account in the General Fund of the State Treasury, subject to the availability of funds and limitations otherwise prescribed by law. (2) Requests for Seed Money Advance Loan funds for market-studies will not exceed $7,500. (3) The Department shall charge no interest on a Seed Money Advance provided Nonprofit Borrowers. (4) Interest on a Seed Money Advance provided to other Borrowers shall be determined by the Department at 50 percent of the set prime lending rate established by New York commercial banks and in effect at the time the Advance is made. Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.550, 456.559, 456.574 & 456.710 History: OHCS 18-2006, f. & cert. ef. 10-3-06 OHCS 6-2006(Temp), f. & cert. ef. 4-13-06 thru 10-9-06 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 12-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 8-1987, f. & ef. 3-10-87 1HD 15-1984, f. & ef. 9-4-84 1HD 5-1982, f. & ef. 6-28-82 1HD 10-1981(Temp), f. & ef. 8-27-81
813-040-0025 Application Procedure (1) The prospective Borrower or Nonprofit Borrower may submit to the Department the following: (a) An Proposal for Seed Money Advance in form prescribed by the Department; (b) Articles of incorporation, bylaws and borrowing resolution of the corporation; (c) Legal description of the site, preliminary title report and location map; (d) Financial statements; and (e) Statement describing the experience of the prospective Nonprofit Borrower or other prospective Borrower and its ability to develop the proposed project. (2) The Department shall review the application materials, inspect the site and prepare a Proposal for approval, disapproval or other action at the next regularly scheduled meeting of the Council, where required by the Council or market study program. The applicant shall be informed of the Department's Proposal at least ten days before the Council meeting and shall be invited to appear personally. The Housing Stability Council shall approve or deny the Proposal or take any other appropriate action. (3) An Application fee of $200 will be required for requests for market study funding. Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.550, 456.559, 456.574 & 456.710 History: OHCS 18-2006, f. & cert. ef. 10-3-06 OHCS 6-2006(Temp), f. & cert. ef. 4-13-06 thru 10-9-06 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 12-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 8-1987, f. & ef. 3-10-87 1HD 15-1984, f. & ef. 9-4-84 1HD 5-1982, f. & ef. 6-28-82 1HD 10-1981(Temp), f. & ef. 8-27-81
813-040-0030 Approval and Closing (1) Upon approval by the Council of the prospective Nonprofit Borrower’s or other prospective Borrower’s Proposal for the Seed Money Advance, except for the market study program, the Department shall issue a letter listing the documents that must be provided or executed by the prospective Nonprofit Borrower or other prospective Borrower. Funds shall be reserved for a maximum of one year, during which time the prospective Nonprofit Borrower or other prospective Borrower will provide the Department with copies of the documents listed in section (2) of this rule. If these documents are not received within one year, the prospective Nonprofit Borrower or other prospective Borrower may be required to submit a new Proposal. If a written request for an extension is submitted to and approved by the Department before the expiration date of the approval letter, the prospective Nonprofit Borrower or other prospective Borrower shall not be required to submit a new Proposal. (2) The Seed Money Advance Approval Letter may be subject to the following documents executed or provided by the prospective Nonprofit Borrower or other prospective Borrower: (a) Seed Money Advance Agreement; (b) Note (noninterest-bearing) for the Nonprofit Borrower and interest-bearing for other Borrowers in the amount of the Seed Money Advance; and (c) Other documents unique to the Proposal or required by the Department. (3) If the applicant holds title to the Project site, the following additional items shall be required: (a) If the site is being used as security, a mortgage or trust deed showing the Department as mortgagee or beneficiary; (b) A title insurance policy in the amount of the Seed Money Advance issued by an approved title company in a form acceptable to the Department and in favor of the Department; (c) An insurance policy naming the Department as a loss payee, with comprehensive general liability coverage in the amount of $100,000 single injury and $500,000 in the aggregate; and (d) Other documents unique to the Proposal or required by the Department. (4) Upon receipt of the documents, the Department may disburse the Seed Money Advance. Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.550, 456.559, 456.574 & 456.710 History: OHCS 18-2006, f. & cert. ef. 10-3-06 OHCS 6-2006(Temp), f. & cert. ef. 4-13-06 thru 10-9-06 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 12-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 8-1987, f. & ef. 3-10-87 1HD 15-1984, f. & ef. 9-4-84 1HD 5-1982, f. & ef. 6-28-82 1HD 10-1981(Temp), f. & ef. 8-27-81
813-040-0035 Distribution of Funds (1) Once the Department has received satisfactory security, which may include but is not limited to an assignment of a mortgage or trust deed, the Department may disburse funds. The Nonprofit Borrower, or other Borrower, shall submit any invoices or paid receipts for Predevelopment Costs as stated in the Proposal to the Department each month with a progress report. (2) For market study requests, the Department may waive the requirement for security at its sole discretion. Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.550, 456.559, 456.574 & 456.710 History: OHCS 18-2006, f. & cert. ef. 10-3-06 OHCS 6-2006(Temp), f. & cert. ef. 4-13-06 thru 10-9-06 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 12-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 8-1987, f. & ef. 3-10-87 1HD 15-1984, f. & ef. 9-4-84 1HD 5-1982, f. & ef. 6-28-82 1HD 10-1981(Temp), f. & ef. 8-27-81
813-040-0040 Repayment (1) The Seed Money Advance, plus a processing fee equal to two percent of the Seed Money Advance amount, shall be due and payable within two years from the date of the initial disbursement of the Seed Money Advance. The Nonprofit Borrower or other Borrower shall make repayment at the time of land acquisition, or from the initial draw against the construction loan but no later than permanent loan closing. If the initial draw of the construction loan or the proceeds from the permanent loan are not disbursed within the two year period, the Nonprofit Borrower or other Borrower shall make this known to the Department. The Department may require the Nonprofit Borrower or other Borrower to repay the Seed Money Advance in full on demand from other sources of funds. The term of the Seed Money Advance may be extended by the Department. (2) The Nonprofit Borrower or Borrower shall report to the Department on the progress of the project and status of the permanent or construction loan at any time as required by the Department. (3) Any amount of the Seed Money Advance remaining unpaid after the maturity date of the note shall be subject to a late fee of one and one-half percent (1-1/2%) of the unpaid balance for each month that the Seed Money Advance remains unpaid. Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.550, 456.559, 456.574 & 456.710 History: OHCS 18-2006, f. & cert. ef. 10-3-06 OHCS 6-2006(Temp), f. & cert. ef. 4-13-06 thru 10-9-06 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 12-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 8-1987, f. & ef. 3-10-87 1HD 15-1984, f. & ef. 9-4-84 1HD 5-1982, f. & ef. 6-28-82 1HD 10-1981(Temp), f. & ef. 8-27-81
813-040-0045 Waiver The Department may, with the concurrence of the Council, waive or modify any requirement of these Seed Money Advance Program rules, unless such waiver or modification would violate applicable statutes. Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.550, 456.559, 456.574 & 456.710 History: OHCS 18-2006, f. & cert. ef. 10-3-06 OHCS 6-2006(Temp), f. & cert. ef. 4-13-06 thru 10-9-06 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 12-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 1HD 15-1984, f. & ef. 9-4-84 1HD 5-1982, f. & ef. 6-28-82
813-040-0050 Equal Opportunity No person receiving a Seed Money Advance under these rules shall make any distinction, discrimination, or restriction against any purchaser, occupant 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 90.800 - 90.840, 91.886, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.550, 456.559, 456.574 & 456.710 History: HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 8-1987, f. & ef. 3-10-87 1HD 15-1984, f. & ef. 9-4-84 1HD 5-1982, f. & ef. 6-28-82