justicedao/ipfs_state_laws huggingface dataset:
813-055-0020 Distribution of GHAP Funds; Eligibility (1) The department may distribute GHAP program funds consistent with OAR chapter 813 pursuant to relevant solicitation documents including, but not limited to the Oregon Consolidated Application (ORCA), or as otherwise determined by the department. Funding may take the form of a grant, loan or otherwise as the department determines necessary or appropriate, for either or both of the following purposes: (a) For financing assistance with respect to the construction, acquisition, rehabilitation or operation of affordable multifamily rental housing developments for low income households or very low income households. (b) For expanding or building affordable rental housing development and operational capacity, by enhancing the capacity of non-profit entities, tribes, local governments as defined in ORS 197.015, and housing authorities to develop and operate affordable housing. (2) Subject to the limitations of any specific solicitation or distribution, any of the following persons or entities may apply for GHAP assistance with respect to the financing of affordable multifamily rental housing developments: (a) A nonprofit corporation established under ORS chapter 65; (b) A housing authority established under ORS 456.055 to 456.235 (Definition of housing authorities); (c) A local government as defined in ORS 197.015 (Definitions for ORS Chapters 195, 196, 197 and ORS 197A.300 to 197A.325); (d) A manufactured dwelling park cooperative as established under ORS 62.800 to 62.815 (Shor Title) to 62.815 (Prohibited action); (e) A for-profit entity; (f) A Native-American tribe; or (g) An individual. (3) Subject to the limitations of any specific solicitation or distribution, any person or entity including, but not limited to those identified in subsection (2) is eligible to apply for GHAP assistance to enhance the capacity to develop affordable housing. Statutory/Other Authority: ORS 456.555 & ORS 458.665 Statutes/Other Implemented: ORS 458.665, ORS 456.515 & ORS 456.725 History: OHCS 39-2024, amend filed 09/27/2024, effective 10/01/2024 OHCS 14-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024 OHCS 32-2022, amend filed 12/15/2022, effective 12/15/2022 OHCS 14-2022, temporary amend filed 06/09/2022, effective 06/09/2022 through 12/05/2022 OHCS 23-2013, f. & cert. ef. 12-18-13 OHCS 13-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 OHCS 5-2009, f. & cert. ef. 12-22-09
813-055-0040 Application Procedure and Requirements (1) The process to obtain GHAP assistance typically will be spelled out in the solicitation documents issued by the department. In addition to, or in lieu of formal solicitation documents, the department may provide other means for accessing GHAP assistance. Additional direction and guidance may be found in the GHAP Manual and the General Policy and Guideline Manual (GPGM). (2) Additional guidance for GHAP Development application and procedure requirements may be found in Division 2, as described in OAR 813-002-0005 through OAR 813-002-0055. Statutory/Other Authority: ORS 456.555 & 458.665 Statutes/Other Implemented: 458.665, ORS 456.515 - 456.725 & 458.665 History: OHCS 39-2024, amend filed 09/27/2024, effective 10/01/2024 OHCS 14-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024 OHCS 32-2022, amend filed 12/15/2022, effective 12/15/2022 OHCS 14-2022, temporary amend filed 06/09/2022, effective 06/09/2022 through 12/05/2022 OHCS 19-2017, amend filed 11/15/2017, effective 01/05/2018 OHCS 6-2017(Temp), f. & cert. ef. 7-20-17 thru 1-7-18 OHCS 23-2013, f. & cert. ef. 12-18-13 OHCS 13-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 OHCS 5-2009, f. & cert. ef. 12-22-09
813-055-0050 Temporary rule language in effect until 03/02/2026. Application Review (1) Funding decisions for GHAP Development may be made using the Oregon Housing and Community Services (OHCS) Affordable Rental Housing Division (ARH) Oregon Centralized Application (ORCA) Process, as described in OAR 813-002-0005 through OAR 813-002-00055. The Oregon Centralized Application (ORCA) process may include additional priorities and requirements as determined by ARH. (2) Affordable Rental Housing (ARH) shall allocate GHAP Development funds in compliance with the Oregon Housing and Community Services (OHCS) Affordable Rental Housing (ARH) Oregon Centralized Application (ORCA) process, as described in OAR 813-002-0005 through OAR 813-002-0055. (3) An application for assistance from the GHAP Capacity Building program is subject to the department’s evaluation and approval, disapproval or modification 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 GHAP 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 target population to be served; (f) The experience of the developer, contractors, architects, consultants and management agent in developing, constructing and operating housing projects; (g) The department's experience with and the reputation, experience, capacity and legal history and status of the applicant and its agents, representatives, employees and contractors; (h) Whether the project in comparison to others best achieves the purposes of the GHAP program; (i) The need of a nonprofit, tribe, local government or housing authority to build its capacity to develop and operate housing serving low income and very low income populations; (j) How the nonprofit, tribe, local government or housing authority proposes to use GHAP funds to build its capacity to develop and operate housing serving low income and very low income populations; (k) Other factors that the department determines to be relevant including, but not limited to any evaluation criteria in the solicitation documents, GHAP Manual, GPGM, or otherwise. Statutory/Other Authority: ORS 456.555 & ORS 458.665 Statutes/Other Implemented: ORS 458.665, ORS 456.515 & ORS 456.725 History: OHCS 5-2026, amend filed 03/02/2026, effective 03/03/2026 OHCS 42-2025, temporary amend filed 10/01/2025, effective 10/01/2025 through 03/29/2026 OHCS 39-2024, amend filed 09/27/2024, effective 10/01/2024 OHCS 14-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024 OHCS 32-2022, amend filed 12/15/2022, effective 12/15/2022 OHCS 14-2022, temporary amend filed 06/09/2022, effective 06/09/2022 through 12/05/2022 OHCS 23-2013, f. & cert. ef. 12-18-13 OHCS 13-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 OHCS 5-2009, f. & cert. ef. 12-22-09
813-055-0065 Temporary rule language in effect until 03/02/2026. Form of Assistance; Documentation (1) The department may provide GHAP funds in the form of a grant or a loan, a combination of both, or as a contract. Loan rates and terms, if applicable shall be determined by the department based on a project's or applicant’s needs and cash flow, other funding resources, market conditions and an applicant's capacity to repay GHAP funds. Additional details about loans can be found in the GHAP Manual and as updated. Preference may 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 GHAP 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 of project development assistance shall, inter alia, execute funding agreements satisfactory to the department including, but not limited to a project use agreement, containing such terms regarding fees, interest rates, repayment terms, performance criteria, reporting requirements, restrictive covenants, and other terms as the department considers appropriate or necessary for the type and use of assistance provided. Each relevant funding agreement, including the 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 GHAP Development funds are advanced; or (b) (If the recipient does not own the project property at the time of disbursement) at the discretion of the department, placed 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 funding documents satisfactory to the department as it considers appropriate in its sole discretion. Statutory/Other Authority: ORS 456.555 & 458.665 Statutes/Other Implemented: ORS 456.559, 456.620, 456.625, 458.650 & 458.665 History: OHCS 5-2026, amend filed 03/02/2026, effective 03/03/2026 OHCS 42-2025, temporary amend filed 10/01/2025, effective 10/01/2025 through 03/29/2026 OHCS 39-2024, amend filed 09/27/2024, effective 10/01/2024 OHCS 14-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024 OHCS 23-2013, f. & cert. ef. 12-18-13 OHCS 13-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13
813-055-0075 Distribution and Expenditure of Funds (1) The department may distribute GHAP funds pursuant to relevant solicitation documents including, but not limited to the Oregon Centralized Application (ORCA), or otherwise under this division, and pursuant to relevant funding documents. (2) Distribution of GHAP funds, whether for multifamily affordable housing development or affordable housing capacity building is subject to a general formula developed by the department that provides for an equitable distribution of resources statewide over time based on objective measures of need, including, but not limited to: (a) The number and percentage of low and very low-income households in an area; (b) The estimated need for affordable housing as determined by the department and the Housing Stability Council; and (c) The need of GHAP Capacity Building-eligible entity to build its capacity to develop and operate housing serving low- and very- low-income populations. Statutory/Other Authority: ORS 456.555 & ORS 458.665 Statutes/Other Implemented: ORS 458.665, ORS 456.559, ORS 456.620, ORS 456.625 & ORS 458.650 History: OHCS 39-2024, amend filed 09/27/2024, effective 10/01/2024 OHCS 14-2024, temporary amend filed 05/29/2024, effective 05/29/2024 through 11/24/2024 OHCS 32-2022, amend filed 12/15/2022, effective 12/15/2022 OHCS 14-2022, temporary amend filed 06/09/2022, effective 06/09/2022 through 12/05/2022 OHCS 23-2013, f. & cert. ef. 12-18-13 OHCS 13-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 Renumbered from 813-055-0030, OHCS 7-2013, f. & cert. ef. 6-21-13 OHCS 5-2009, f. & cert. ef. 12-22-09
813-055-0085 Charges (1) An applicant requesting General Housing Account funds shall pay an application fee or charge as may be required by the department. (2) An applicant or owner of a multifamily affordable housing development project that receives GHAP assistance shall pay a monitoring fee or charge as may be required by the department. (3) The applicant or owner of a project that receives GHAP assistance shall pay such other charges with respect to the department’s anticipated costs and expenses of administration as the department may require. Statutory/Other Authority: ORS 456.555 & 458.665 Statutes/Other Implemented: ORS 456.515 to 456.725 & 458.665 History: OHCS 23-2013, f. & cert. ef. 12-18-13 OHCS 13-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 Renumbered from 813-055-0070, OHCS 7-2013, f. & cert. ef. 6-21-13 OHCS 5-2009, f. & cert. ef. 12-22-09
813-060-0005 Purpose and Objectives OAR chapter 813, division 60, is promulgated to carry out the provisions of ORS 456.515 to 456.720, specifically 456.515 through 456.547, as they pertain to the administration by the Housing and Community Services Department (Department) of the Disabled Housing Program. These rules and the related determinations and orders of the Department constitute the Department’s Disabled Housing Program. The purpose of the Program is to provide funds to finance the construction, rehabilitation and acquisition of multifamily housing for disabled persons in the State of Oregon, while providing sufficient safeguards to protect the financial interests of the state. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555 & 456.625 History: OHCS 5-2007, f. & cert. ef. 1-11-07 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
813-060-0010 Definitions (1) All terms are used in OAR chapter 813, division 60, as defined in the Act and as provided in 813-005-0005 and herein. (2) As used in these rules unless otherwise indicated by the context: (a) “Disabled Housing Program” or “Program” means the program established under ORS 465.539. (b) “Disabled Housing Project” or “Project” means housing containing more than one living unit for Disabled Persons and their family members and such other persons who reside therein to maintain the housing or provide services or companionship for Disabled Persons, but not providing continuous nursing care. (c) “Disabled Person” means a Person who has a physical or mental impairment that substantially limits one or more Major Life Activity. (d) “Gross 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 date of certification of income, in accordance with the U.S. Department of Housing and Urban Development (HUD) in 24 CFR 813. (e) “Major Life Activity” includes but is not limited to self-care, ambulation, communication, transportation, education, socialization, employment and ability to acquire, rent or maintain property. (f) “Multifamily Housing” means a structure or facility which provides more than one living unit, and may provide spaces for common use by the occupants in social and recreational activities including, but not limited to, individual living units within such structures, mobile home and manufactured dwelling parks and residential facilities licensed under ORS 443.400 to 443.455 and other congregate care facilities with or without domiciliary care. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555 & 456.625 History: OHCS 5-2007, f. & cert. ef. 1-11-07 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 6-1984, f. 7-5-84, ef. 7-8-84 1HD 4-1984(Temp), f. & ef. 5-25-84 Reverted to 1HD 10-1982, f. & ef. 12-14-82 1HD 7-1983(Temp), f. & ef. 11-7-83 1HD 10-1982, f. & ef. 12-14-82 1HD 6-1982(Temp), f. & ef. 9-20-82
813-060-0020 Form of Loan Assistance (1) The Department shall make loans to Borrowers under the terms of written Commitments. (2) Loans shall be made directly with proceeds from the issuance of Bonds or other available funds obtained by the Department. The Department shall establish charges and interest rates based upon: (a) The cost of borrowing through Bond issuance; (b) The funds required to carry out the Disabled Housing Program; and (c) Such other factors as the Department considers appropriate or necessary. (3) Interest on a loan shall not exceed the rate stated in the Commitment. If the Department is able to charge an interest rate lower than that specified in the Commitment, the Department may provide for reduction of the interest rate on the loan. The Department may require a reduction in the Project rents. (4) The Department shall not execute a Commitment to a Eligible Borrower for a loan amount that exceeds allowable total Project costs or 85 percent of the appraised value, whichever is less, of the Project. (5) Each loan shall have a final maturity of not more than 42 years from the date of its making and shall be secured by a first lien deed of trust granted by the Borrower on the property securing the loan. (6) Loan Documents shall be on forms approved by the Department. (7) Each loan shall provide for the monthly collection of Escrow Payments to the extent permitted by law together with the monthly installment of principal and interest. All such payments shall be: (a) Held for the benefit of the Department in an account with an Approved Servicer; or (b) Held by the State of Oregon as provided or required by law. (8) If the Department receives loan applications in an amount greater than the amount of funds available, the Department shall select those applications which, in the judgment of the Department, best achieve the purposes of the Program rules and the Act. (9) The Department shall establish prepayment penalties applicable to loans. In setting such penalties, the Department shall take into account the need to protect the ability of the state to provide for the payment of the Bonds. Any prepayment penalties shall be set forth in the trust deed note. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555 & 456.625 History: OHCS 5-2007, f. & cert. ef. 1-11-07 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
813-060-0025 Loan Security Notwithstanding any other provision contained in the Program rules, the Department shall not disburse funds for a loan until: (1) The loan is secured by a fully executed trust deed note and first lien trust deed or other evidence of security; and (2) The Eligible Borrower has satisfied all conditions contained in a Commitment. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555 & 456.625 History: OHCS 5-2007, f. & cert. ef. 1-11-07 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
813-060-0030 Eligible Disabled Housing Projects (1) The Department shall evaluate each Project for consistency with the Department’s interpretation of sound architectural design and prudent underwriting standards, as established in OAR 813-060-0031. (2) In order to qualify for a loan, a Project shall: (a) Be approved by the Department with respect to site; location; market demand; financial feasibility; qualifications of general contractor, management agent, and developer; appraisal; financial strength and credit a worthiness of the Eligible Borrower; management plan; final architectural package; Eligible Borrower’s organizational documents; American Land Title Association (ALTA) title report; and any other information the Department shall require; (b) Meet all applicable federal, state and local land use and zoning requirements, housing codes, licensing, and similar requirements; (c) Be in compliance with federal regulations, state statutes and Program rules; (d) Be located in the State of Oregon; and (e) Remain affordable in terms of the loan documents. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555 & 456.625 History: OHCS 5-2007, f. & cert. ef. 1-11-07 HSG 6-1996, f. & cert. ef. 6-14-96 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. & cert. ef. 3-10-87 HSG 4-1978(Temp), f. & cert. ef. 2-5-87 1HD 13-1984, f. & cert. ef. 9-4-84 1HD 10-1982, f. & cert. ef. 12-14-82 1HD 6-1982(Temp), f. & cert. ef. 9-20-82
813-060-0031 Standard Underwriting Criteria In approving or disapproving any loan application, the Department and the Housing Stability Council shall consider, in addition to requirements elsewhere stated in the Program rules, the following criteria: (1) 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 as shall best serve the prospective residents; (2) Financial feasibility of the Project; (3) Availability of street, sewer, water, utilities and other public services; (4) Availability of public and private transportation; (5) Architectural design, including aesthetic quality, soundness of construction, energy efficiency, and suitability to the needs of the residents to be served; (6) Compliance with applicable local comprehensive plan and land use regulations; (7) Market demand; (8) The financial strength, credit reputation and history of the Eligible Borrower; and (9) The experience of the developer, contractors, architects, consultants and management agent in developing, constructing and operating housing projects. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555 & 456.625 History: OHCS 5-2007, f. & cert. ef. 1-11-07 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