813-060-0045 Resident Eligibility and Occupancy (1) To be eligible to occupy a Project, a household shall: (a) Be a Resident of the state; (b) At least one member of the household must meet the definition of Disabled Person as provided in OAR 813-060-0010; (c) Have an annualized Gross Household Income which does not exceed the income limit as established by the Department from time to time in compliance with the Act; (d) The project shall conform to the maximum income requirement of ORS 456.620(4). A maximum of one-third of the units in a housing project, housing development or other residential housing financed by the Department may be rented to households with an income level exceeding 120 percent of the median family income level as determined by the Department. (e) Relating specifically to acquisition/rehabilitation projects only, where tenants already reside in the project, the Department, at its sole discretion, may allow up to a one (1) year grace period for implementation of the standards identified in subsection (d) above in order to reduce the impact of displacement for over-income residents. (2) Where the Project has a Regulatory Agreement and Declaration of Restrictive Covenants which was signed after June 16, 1982, have an annualized Gross Household Income, which does not exceed the income limit as established by the Department from time to time in compliance with the Act. (3) Where the Project will be financed with proceeds of Bonds issued after August 15, 1986, have an annualized Gross Household Income which does not exceed such other income limit as may be required to assure compliance with Section 142(d)(1) of the Internal Revenue Code of 1986, as amended. (a) If Section 142(d)(1) of the Internal Revenue Code so requires, the Borrower shall elect at Commitment to apply either the “20-50” or “40-60” income requirement under Section 142(d)(1) of the Code, as summarized below, to the Project during the qualified Project period: (b) If the Borrower elects to meet the “20-50” requirement under Section 142(d)(1) of the Internal Revenue Code, at all times during the qualified Project period at least 20 percent (20%) of the completed residential units in the Project shall be rented to and occupied by (or held available for rent by) Persons whose annualized Gross Household Income is 50 percent (50%) or less of area median income, adjusted for family size; and (c) If the Borrower elects to meet the “40-60” requirement under Section 142(d)(1) of the Internal Revenue Code, at all times during the qualified Project period at least 40 percent (40%) of the completed residential units in the Project shall be rented to and occupied by (or held available for rent by) Persons whose annualized Gross Household Income is 60 percent (60%) or less of area median income, adjusted for family size. (4) The Borrower shall conduct annual income certifications of all residents to assure compliance with Section 142(d) of the Internal Revenue Code, and shall, where necessary, hold units vacant and available for occupancy by persons meeting the income requirements elected pursuant to Section 142(d). (5) The Department may waive the Department’s income limits for an elderly household seeking residence in a Disabled Housing Project if a Person in the household is a Disabled Person requiring special housing provisions to accommodate the impairment and whose disability arises from a physical or mental impairment that substantially limits one or more Major Life Activity. However, no such waiver shall be made of the requirements of Section 142(d) of the Internal Revenue Code. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555 & 456.625 History: OHCS 5-2007, f. & cert. ef. 1-11-07 OHCS 1-2001, f. & cert. ef. 2-15-01 OHCS 2-2000(Temp), f. & cert. ef. 9-15-00 thru 3-13-01 HSG 6-1996, f. & cert. ef. 6-14-96 Reverted to HSG 8-1991, f. & cert. ef. 12-23-91 HSG 4-1993(Temp), f. & cert. ef. 10-1-93 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 15-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 10-1987, f. & ef. 3-10-87 HSG 4-1987(Temp), f. & ef. 2-5-87 1HD 13-1984, f. & ef. 9-4-84 1HD 10-1982, f. & ef. 12-14-82 1HD 6-1982(Temp), f. & ef. 9-20-82