justicedao/ipfs_state_laws huggingface dataset:
813-120-0045 Eligible Activities (1) The Department may provide funds for the following categories of activities. The Department may restrict the availability of Program funds for each such category at the time it solicits applications. (2) Homeowner Rehabilitation: For rehabilitation of single-family housing that is the principal residence of a homeowner whose Family is a Low-Income or Very Low-Income Family at the time of commitment of HOME funds. Homeowner rehabilitation programs shall be administered by a State Recipient or a Subrecipient. (3) Homebuyer Assistance: For acquisition, rehabilitation and/or construction of housing to be owned and occupied by Low- or Very Low-Income Families. (4) Rental Rehabilitation: For acquisition and/or rehabilitation of existing structures for rental housing affordable to Low- and Very Low-Income Families. The initial and long-term affordability requirements outlined in OAR 813-120-0050 shall apply to rental housing assisted with HOME funds. Rental rehabilitation projects may be sponsored by a State Recipient, Nonprofit Organization, For-Profit Organization, individual or CHDO. (5) New Construction: For the construction of new rental housing or the acquisition of rental housing which is acquired within one year of the date of the certificate of initial occupancy. New construction Projects may be sponsored by a State Recipient, Nonprofit Organization, For-Profit Organization, individual or CHDO. (6) Acquisition of vacant land or demolition is an eligible activity only when proposed as a portion of a particular Project intended to provide affordable housing. New Construction of housing is an eligible activity only when the initial certificate of occupancy was issued mor more than one year prior to the Commitment of Program Funds, and is otherwise approved by the Department. Building conversion is considered new construction if one or more untis are being added beyond the existing walls of the structure. (7) Tenant-Based Rental Assistance: For rental assistance to Low- and Very Low-Income Families. (8) CHDO Predevelopment and Technical Assistance: Loans for project-specific predevelopment or technical assistance and site control activities performed by CHDOs may be authorized for up to 10 percent of the Program's allocation set-aside for CHDOs, as described in 24 C.F.R. Sec. 92.208, 92.300(e) and (f). [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 456.620 Statutes/Other Implemented: ORS 456.559(1)(f) History: Reverted to Renumbered from 813-120-0105 by OHCS 6-2013, f. & cert. ef. 6-21-13 OHCS 11-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 Renumbered from 813-120-0105 by OHCS 6-2013, f. & cert. ef. 6-21-13 Renumbered from 813-120-0030, OHCS 1-2008, f. & cert. ef. 1-28-08 HSG 1-1997, f. & cert. ef. 4-15-97 HSG 8-1994, f. & cert. ef. 9-9-94 HSG 3-1993, f. & cert. ef. 8-18-93 HSG 1-1993(Temp), f. & cert. ef. 2-19-93 HSG 10-1992, f. & cert. ef. 11-20-92 HSG 6-1992(Temp), f. & cert. ef. 6-15-92
813-120-0047 Distribution and Expenditure of Funds (1) The Department will follow the allocation strategies as outlined in the Consolidated Plan or its successor the program information described in OAR 813-120-0060 which may distribute funds based on a formula that takes onto account the relative housing needs of regions or other factors, distribute funds on a statewide basis, or may consider some other means of distribution. (2) As opportunities arise, the Department may use HOME funds for the demonstration and development of new activities. (3) The Department shall use its best efforts to make commitments for Projects under the State's HOME allocation for a fiscal year within two years after the month in which that allocation is approved by HUD. All HOME funds committed to a Project under the State's HOME allocation for a fiscal year shall be expended within five years after the month in which the HOME allocation for that fiscal year is approved by HUD. (4) A Recipient shall begin expenditure of its HOME funds within six months of the date the HOME Agreement between the Recipient and the Department is executed. The Department may, in its sole discretion, permit extension(s) upon submission by the Recipient of documentation acceptable to the Department. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 456.620 Statutes/Other Implemented: ORS 456.559(1)(f) History: Reverted to Renumbered from 813-120-0070 by OHCS 6-2013, f. & cert. ef. 6-21-13 OHCS 11-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 Renumbered from 813-120-0070 by OHCS 6-2013, f. & cert. ef. 6-21-13 OHCS 1-2008, f. & cert. ef. 1-28-08 HSG 1-1997, f. & cert. ef. 4-15-97 HSG 3-1995, f. & cert. ef. 9-25-95 HSG 8-1994, f. & cert. ef. 9-9-94 HSG 3-1993, f. & cert. ef. 8-18-93 HSG 1-1993(Temp), f. & cert. ef. 2-19-93 HSG 10-1992, f. & cert. ef. 11-20-92 HSG 6-1992(Temp), f. & cert. ef. 6-15-92
813-120-0060 Program Information (1) The Department has adopted guidelines for the HOME Program regarding application procedures, Project eligibility, Project selection criteria, forms of financial assistance available, and other applicable information. Program guidelines are published in the Program's application materials. (2) The guidelines described in OAR 813-120-0060(1) are hereby adopted by reference. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 456.620 Statutes/Other Implemented: ORS 456.559(1)(f) History: Reverted to OHCS 1-2008, f. & cert. ef. 1-28-08 Suspended by OHCS 11-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 OHCS 1-2008, f. & cert. ef. 1-28-08 HSG 1-1997, f. & cert. ef. 4-15-97 HSG 3-1995, f. & cert. ef. 9-25-95 HSG 8-1994, f. & cert. ef. 9-9-94 HSG 3-1993, f. & cert. ef. 8-18-93 HSG 1-1993(Temp), f. & cert. ef. 2-19-93 HSG 10-1992, f. & cert. ef. 11-20-92 HSG 6-1992(Temp), f. & cert. ef. 6-15-92
813-120-0110 General Administrative and Monitoring Requirements (1) The following general administrative and reporting requirements apply under the HOME Program: (a) The requirements of 24 CFR Parts 44,45 and 85 apply to State Recipients and Subrecipients, and the requirements of OMB Circular A-87 and 24 CFR 85.6, 85.12, 85.20, 85.22, 85.26, 85.34, 85.36, 85.44, 85.51 and 85.52 apply to State Recipients and any governmental Subrecipients receiving HOME finds. (b) The requirements of OMB Circular A-122 and 24 CFR 84.2, 84.5, 84.13–16, 84.21, 84.22, 84.26–84.28, 84.30, 84.31, 84.34–85.37, 84.40-84.48, 84.51, 84.60-84.62, 84.72 and 84.73 apply to Subrecipients receiving HOME funds that are non-governmental Nonprofit Organizations. (c) Each Recipient shall submit periodic performance reports as required by the Department, and at the end of the term of its HOME Agreement a Recipient shall submit a summary performance report in form and detail as prescribed by the Department. Such reports shall include those items described in 24 C.F.R. § 92.508. (d) Financial records, supporting documents and all other pertinent records (including but not limited to records related to Program activities and HOME assisted Projects) shall be retained by State Recipients, Subrecipients and Recipients for the applicable five year period as described in 24 C.F.R. § 92.508, or after any litigation or audit claim is resolved, whichever is later. Representatives of the Department, HUD, the Comptroller General of the United States, the General Accounting Office, and Oregon Secretary of State shall have access to all books, accounts, documents, records and other property belonging to or in use by State Recipients, Subrecipients, and Recipients that pertain to the receipt of HOME funds. (2) The Department may perform such reviews and field inspections as it deems necessary or appropriate to ensure Program compliance. If the Department determines that a State Recipient, Subrecipient or Recipient has not complied with the requirements of the Program (including but not limited to its agreements with the Department), the Department may require remedial actions be taken or impose sanctions, as described in OAR 813-120-0120 and 813-120-0130. Statutory/Other Authority: ORS 456.620 Statutes/Other Implemented: ORS 456.559(1)(f) History: Reverted to OHCS 1-2008, f. & cert. ef. 1-28-08 OHCS 11-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 OHCS 1-2008, f. & cert. ef. 1-28-08 HSG 1-1997, f. & cert. ef. 4-15-97 HSG 3-1995, f. & cert. ef. 9-25-95 HSG 3-1993, f. & cert. ef. 8-18-93 HSG 1-1993(Temp), f. & cert. ef. 2-19-93 HSG 10-1992, f. & cert. ef. 11-20-92 HSG 6-1992(Temp), f. & cert. ef. 6-15-92
813-120-0120 Remedies for Noncompliance (1) At any time before expiration of the affordability requirements contained in OAR 813-120-0050 that are applicable to a Recipient, the Department may, for cause, find that the Recipient is not in compliance with the requirements of the Program. Remedies for noncompliance may include penalties set forth in 813-120-0130. The Department may make findings of noncompliance for reasons that include, but are not limited to, use of funds by the Recipient for activities not approved in the Recipient’s HOME Agreement, the Recipient’s failure to complete activities contemplated by such Agreement in a timely manner, the Recipient’s failure to comply with all applicable rules or regulations, or the lack of a continued capacity by the Recipient to carry out the approved activities. (2) If the Recipient’s HOME Agreement terminates prior to Project Completion, the Recipient shall repay to the Department’s HOME Investment Trust Fund Account all HOME funds disbursed to the Recipient by the Department for the Project. Repayment of HOME funds to the Department’s HOME Investment Trust Fund Account shall not relieve the Recipient of its obligation to keep the Project affordable for the HOME period of affordability set forth in its Home Agreement with the Department. Statutory/Other Authority: ORS 456.620 Statutes/Other Implemented: ORS 456.559(1)(f) History: Reverted to OHCS 1-2008, f. & cert. ef. 1-28-08 OHCS 11-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 OHCS 1-2008, f. & cert. ef. 1-28-08 HSG 3-1993, f. & cert. ef. 8-18-93 HSG 1-1993(Temp), f. & cert. ef. 2-19-93 HSG 10-1992, f. & cert. ef. 11-20-92 HSG 6-1992(Temp), f. & cert. ef. 6-15-92
813-120-0130 Sanctions (1) The Department may invoke sanctions against a State Recipient, Subrecipient or Recipient that fails to comply with its HOME Agreement. Sanctions will not be imposed by the Department until the State Recipient, Subrecipient or Recipient has been notified in writing of its deficiencies and has been given an opportunity to respond and correct the deficiencies noted. Below is an illustrative (but not comprehensive) list of circumstances that may warrant sanctions: (a) The Recipient has not commenced any of the Project activities within six months after its Project award; (b) The Recipient has not entered into the necessary third party agreements related to the Project within ninety (90) days of its Project award; (c) The State Recipient, Subrecipient or Recipient has materially breached its HOME agreement; or (d) The Department finds that significant corrective action is necessary to protect the integrity of the Project funds, and are not being made or will not be made by the Recipient within a reasonable time. (2) Sanctions imposed by the Department may include but are not limited to one or more of the following: (a) Bar a the State Recipient, Subrecipient or Recipient, as the case may be, from applying for future HOME funding; (b) Revoke an existing HOME award; (c) Withhold unexpended HOME funds; (d) Require the State Recipient, Subrecipient or Recipient, as the case may be, to return unexpended HOME funds; (e) Require the State Recipient, Subrecipient or Recipient, as the case may be, to repay expended HOME funds; and (f) Other remedies that may be provided in the HOME agreement. (3) The remedies set forth in this OAR 813-120-0130 are cumulative and not exclusive and are in addition to any other rights and remedies provided by law or under the HOME agreement. (4) A State Recipient, Subrecipient or Recipient shall take all action necessary to enforce the terms of the its agreement against any third party that fails to comply with its agreement with the State Recipient, Subrecipient or Recipient, respectively, and shall recover on behalf of the Department any costs, expenses, and damages that may arise as the result of the breach of such agreement by such breaching third party. The Recipient, by its execution of its HOME Agreement with the Department (whether or not that Agreement expressly so states) acknowledges and agrees that the Department has the unrestricted right (but not the obligation) to enforce the terms of any agreement the Recipient has with a third party regarding the Program or Project or to recover any sums that may become due as the result of a breach of such agreement. Statutory/Other Authority: ORS 456.620 Statutes/Other Implemented: ORS 456.559(1)(f) History: Reverted to OHCS 1-2008, f. & cert. ef. 1-28-08 OHCS 11-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 OHCS 1-2008, f. & cert. ef. 1-28-08 HSG 1-1997, f. & cert. ef. 4-15-97 HSG 3-1993, f. & cert. ef. 8-18-93 HSG 1-1993(Temp), f. & cert. ef. 2-19-93 HSG 10-1992, f. & cert. ef. 11-20-92 HSG 6-1992(Temp), f. & cert. ef. 6-15-92
813-120-0140 Request for Reconsideration; Waiver (1) An Applicant may, in writing, request the Director reconsider the Department’s funding decision. The Applicant’s request shall be filed with the office of the Director within 30 days of the Department’s funding decision and shall state with particularity the basis for reconsideration. The Director may require additional information from the Applicant and shall consider a request which complies with the requirements of this OAR 813-120-0140. The Director's decision regarding such request is final. (2) The Director may waive or modify any non-statutory requirements of HOME unless such waiver or modification would violate any applicable federal or state statutes or regulations. Statutory/Other Authority: ORS 456.620 Statutes/Other Implemented: ORS 456.559(1)(f) History: Reverted to OHCS 1-2008, f. & cert. ef. 1-28-08 Suspended by OHCS 11-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 OHCS 1-2008, f. & cert. ef. 1-28-08 HSG 3-1993, f. & cert. ef. 8-18-93 HSG 1-1993(Temp), f. & cert. ef. 2-19-93 HSG 10-1992, f. & cert. ef. 11-20-92 HSG 6-1992(Temp), f. & cert. ef. 6-15-92
813-125-0006 Purpose and Objectives OAR chapter 813, division 125 is established to enact the Co-Location of Affordable Rental Housing and Early Care and Education (CARE) as requested through a budget note in House Bill 5011 (2021). CARE is also subject to the Department’s general rules, including but not limited to OAR chapter 813, division 5, and subject to the Department’s general procedures for public contracts and procurements found in OAR chapter 813, division 6. The purpose of CARE is to provide additional supportive services to low-income housing residents by increasing the availability of childcare and early learning. This program helps to accomplish this by incenting the incorporation of early learning facilities into affordable housing developments or by helping to renovate affordable housing homes and facilities to allow for childcare or additional childcare in the home. Co-locating early learning centers in affordable housing developments is a cross discipline activity. It requires combining affordable housing development and administration with early learning operations and their regulatory requirements. OHCS may determine that third party administration of this program is most advantageous. Statutory/Other Authority: ORS 456.555 & ORS 456.502 Statutes/Other Implemented: ORS 456.555 & ORS 456.502 History: OHCS 33-2023, adopt filed 12/27/2023, effective 12/29/2023
813-125-0016 Availability and Source of CARE Funds (1) CARE funds were authorized through the Oregon Emergency Board in 2022 after a program framework was provided and approved by that body. CARE funds, at the discretion of the Department, may be administered internally or in partnership with other state departments, or may be granted to a third-party administrator for the purpose of fund management and administration of the program. The CARE fund administrator is responsible for the following: (a) Outreach (b) Technical assistance (c) Fund leveraging (if managed by a third party) (d) Fund management (e) Pipeline monitoring, tracking and management (f) Program design (g) Fund deployment (h) Impact analysis (2) Though the Co-Location program is being established through the initial funding distribution provided by the Oregon Emergency Board (2022), OHCS may utilize program rules and any established frameworks for additional resources as policy alignment or amended rules allow. 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
813-125-0021 Eligibility for CARE Resources The Department, individually, in partnership with other state agencies, or through a Third Party Administrator will distribute CARE resources for the Co-Location of affordable housing and early learning and care centers. Funds will be distributed utilizing a Department approved method involving either a competitive or a first come first served process with eligibility criteria. Eligibility criteria include but is not limited to: (1) Project viability criteria – reasonable expectation that the ECE provider will remain a provider for at least 10 additional years. (2) Project is co-located or to be co-located with Regulated Affordable Housing. (3) The project is located within the State of Oregon. (4) The project will result in the creation of additional ECE slots or preservation of existing slots that would otherwise be lost in the community. (5) The assistance to construct, develop, rehabilitate, improve, retrofit, or remodel (including approved tenant improvements) is to incent the Co-location or continued Co-Location of an ECE Facility as defined in 813-125-0010. 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
813-125-0026 Third Party Administrator Selection Criteria If the Department determines that a Third Party Administrator is in the best interest of the State of Oregon, the following criteria may be included as part of the selection process: (1) The Administrator meets the definition of a Third Party Administrator found in 813-125-0010. (2) The Third Party Administrator has the ability to provide the services throughout the State of Oregon. (3) The Third Party Administrator has experience in providing financial products for Co-Location, including loans, grants, and other financial incentives, fund management, and expertise in child care and housing development. (4) The Third Party Administrator have experience in leveraging funds, particularly with philanthropic organizations. (5) The Third Party Administrator has experience in assuring that funds provide benefits to families and business that are historically underserved by public dollars and/or traditional financial institutions. (6) The Third Party Administrator presents a plan that is efficient in utilizing public dollars but also targets the communities most in need of ECE services. 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
813-125-0031 Program Criteria The Department may establish or utilize a Third Party Administrator to develop program criteria that results in additional ECE slots through the use of Co-Location. Encouraging Co-Location of ECE Facilities within or on the grounds of affordable housing provides a benefit to the families within the affordable housing development and the community at large. Regardless of the administrator, program criteria shall address the following: (1) Geographic equity and statewide resource availability (2) Programmatic pathways establishing: (a) Various program designs to most efficiently and effectively meet the variety of provider needs, (b) When funds are granted or loaned, (c) Under what circumstances the developer or the ECE provider receives program benefits , (d) Interest rates and other loan terms where applicable, (e) Award caps for each program design, (f) Intended uses and criteria for each pathway, (g) Application and award processes, (h) Equity and Racial Justice considerations, (i) Availability of technical assistance and the parameters of this support, (j) Program oversight, (k) Compliance terms and, (l) Reporting. 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
813-125-0036 Program Continuation (1) The CARE program includes capital resources in the form of grants, loans and other financial incentives or assistance, depending largely upon individual project need. Loans must include loan terms and interest rates though interest rates shall be established at rates below market levels, to be evaluated annually. Funds returned through this process shall be reused by the program during the term of agreement established through a contract with a Third Party Administrator, or until such time that the Department determines the program is no longer effective or funding is inadequate. At the time the program ends any unused or uncommitted funds must be returned from any third party provider, not including any agreed administrative expenses. (2) The CARE program may be recapitalized from time to time by the Oregon Legislature. In these instances, additional funds are to be combined with any active and recycled funds as set forth in Program Criteria design (813-037-0030) and utilized in established pathways. 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
813-125-0041 Program Oversight (1) The Department requires information from project awardees on an annual basis from the date of the origination of a loan, grant, or other financial incentive until the shorter of the end of the award agreement or termination of the program. (2) Report information should include but is not limited to the following: (a) Number of families enrolled from the affordable housing project (b) Staffing demographics, where possible (c) Student demographics, where possible (d) Marketing information (e) Total enrollment vs. capacity (f) Enrollment costs (3) Information review shall be done at least annually and in cooperation with the DOE Early Learning Division (ELD). The Department and ELD may choose to establish a CARE Review Committee to help evaluate the effectiveness, efficiency and best practices of the CARE program. If established, at a minimum this committee should include members from the Department, ELD, ECE providers, affordable housing developers of Co-Located projects, affordable housing managers of Co-Located Projects, and ECE Providers of Co-Located projects. 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