justicedao/ipfs_state_laws huggingface dataset:
813-010-0036 Eligible Multi-Unit Projects (1) The Department shall evaluate each Project for consistency with the Department's interpretation of sound architectural and planning principles and underwriting standards. (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 worthiness of the prospective Borrower; management plan; final architectural package; prospective Borrower’s organizational documents; title report; and any other information the Department shall prescribe; (b) If subject to a Federal Housing Assistance Payments contract, comply at least with any standards required by the U.S. Department of Housing and Urban Development (HUD); (c) Meet all applicable state and local land use and zoning requirements, housing codes, and similar requirements; (d) Be located in the State of Oregon; and (e) Meet all applicable HUD regulations provided for in the Code of Federal Regulations Part 24 Section 883, and all applicable State statutes and Program rules. Statutory/Other Authority: ORS 183, 456.515 - 456.725 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.555 & 456.625 History: OHCS 3-2007, f. & cert. ef. 1-11-07 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 8-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 6-1987, f. & ef. 3-10-87 1HD 8-1984, f. & ef. 9-4-84 1HD 2-1979, f. & ef. 6-29-79
813-010-0042 Resident Eligibility and Occupancy (1) To be eligible to occupy a Project, a person or household shall: (a) Be a Resident of the State; (b) Have an annualized gross household income which does not exceed the limit established by the Department from time to time in compliance with the Act, and the limits of Section 142(d)(1) of the Code, if applicable. (2) The project shall conform to the maximum income requirement of ORS 456.620(4). At no time shall the maximum income limits exceed 120 percent of the median family income level, as determined by the Department. No more than 20 percent of the units of a housing project shall have an income level of between 100 and 120 percent. (3) 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 section (2) above in order to reduce the impact of displacement for over-income residents. (4) No preference shall be given to any particular class or group in renting the residential units in the Project, except to the extent that residential units are required to be leased or rented to lower-income persons or households to comply with Program guidelines and as required to preserve the tax-exemption on Bonds issued to finance the Project. Rental of units shall not violate the Fair Housing provisions of the 1968 Civil Rights Act. (5) Lower-income persons or households residing in the Project shall have equal access and enjoyment to all common facilities of the Project. (6) The Borrower shall accept as residents in compliance with Section 8 programs, lower-income persons or households who are holders of certificates for federal housing assistance payments pursuant to Section 8 of the United States Housing Act of 1937 or a successor federal program, on the same basis as all other prospective residents. The Borrower shall not apply resident selection criteria to such Section 8 certificate holders which are more burdensome than the criteria applied to any other prospective resident. (7) The Borrower shall conduct annual income certifications of residents to assure compliance with the income requirements of the Program. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 183, 456.515 - 456.725 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.620, 456.646 & 456.675 History: OHCS 3-2007, 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
813-010-0051 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 trust deed or other evidence of security. (2) The Eligible Borrower has satisfied all conditions contained in the Commitment. Statutory/Other Authority: ORS 183, 456.515 - 456.725 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.555 & 456.625 History: OHCS 3-2007, f. & cert. ef. 1-11-07 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 8-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 6-1987, f. & ef. 3-10-87 1HD 8-1984, f. & ef. 9-4-84 1HD 2-1979, f. & ef. 6-29-79
813-010-0700 Housing Assistance Payments Request and Certification Processing (1) The Department shall review and approve documents and electronic transmissions relating to Section 8 subsidized Projects. The Department shall establish such reasonable requirements necessary to assure timely and accurate submission of such documents and transmissions. In order for the Department to disburse Housing Assistance Payments (HAP) to Borrowers of Section 8 Projects, Borrowers shall submit to the Department the following information: (a) Electronic certifications of resident income; (b) Electronic recertifications of resident income; and (c) Electronic and paper requests for HAP. (2) The following guidelines shall govern the processing of information in subsections (1)(a) through (c) of this rule: (a) Certifications shall be prepared for all new residents and be signed by the resident and by the Borrower or its agent on or before the resident’s move-in date. All certifications shall be transmitted to the Department for review, before HAP may be paid on the unit. Certifications shall be by the 15th day of the month following the resident move-in. If the certification is received after that date, the HAP for that unit may begin the date the certification is received by the Department. Example 1: Resident moves in March 3, certification is received by April 15; HAP starts March 3. Example 2: Resident moves in March 3, certification is received April 20; HAP starts April 20. (Borrower lost HAP for period of March 3 through April 19). (b) Recertification of resident income shall be completed and transmitted annually for each resident by the Borrower. Recertifications shall be transmitted by the Borrower to the Department by the 15th day of the month before the resident move-in date (effective date of recertification). Recertifications not received as prescribed may result in forfeiture of the HAP for that unit for each month the recertification is not received by the Department as prescribed. (c) The Borrower or its agent shall submit HAP requests to the Department for each month, in advance, by the 15th day of the month before the month for which the request is made. The Borrower shall make any necessary adjustments to the HAP request each month. (d) HAP requests, certifications and recertifications shall be correct before submission to the Department. The Department may make any adjustments necessary to comply with HUD requirements, the Housing Assistance Payments Contract, Department requirements and the Program rules. Statutory/Other Authority: ORS 183, 456.515 - 456.725 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.555 & 456.625 History: OHCS 3-2007, f. & cert. ef. 1-11-07 HSG 1-1996, f. & cert. ef. 3-14-96 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 8-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 6-1987, f. & cert. ef. 3-10-87 1HD 8-1984, f. & cert. ef. 9-4-84 1HD 2-1983, f. & cert. ef. 5-20-83
813-010-0705 Loan Servicing (1) The servicing of loans shall be performed by servicer(s) selected and approved by the Department. Servicing, unless performed by the Department itself, shall be conducted under the terms and conditions contained in a servicing agreement entered into between the Department and any Approved Servicer. The Department shall prescribe the form of the servicing agreement. The Approved Servicer shall: (a) Promptly collect all payments due under the Loan Agreement, Regulatory Agreement and Declaration of Restrictive Covenants; (b) Provide the Department with a monthly accounting of loan payments and disbursements; (c) Ensure that escrow account balances are maintained at a level sufficient for the payment of the Project's property taxes, insurance premiums and costs of replacement as they become due and payable; (d) Forward payments to the Department according to the provisions of the servicing agreement; (e) Forward payments for insurance premiums to the insurance company when due; (f) Forward payments for property taxes to the county assessor when due; (g) Assure that all improvements on the mortgaged premises are kept insured against fire and extended coverage, casualty, liability and business income loss in accordance with the Regulatory Agreement and Declaration of Restrictive Covenants; (h) Provide the Borrower with regular analyses of servicing accounts; and (i) Perform such other responsibilities as the Department may prescribe. (2) In order to qualify as an Approved Servicer and continue as such, a Servicer shall demonstrate to the satisfaction of the Department that: (a) One of its principal functions is the servicing of multi-unit or commercial loans secured by real estate; (b) Such servicing is a customary and regular business activity of the Servicer; (c) It is qualified to engage in the servicing of mortgage loans for government agencies or private institutions engaged in the secondary market for mortgage investments; (d) It deposits funds to accounts in depositories which comply with the requirements of ORS 295.005, 295.015 to 295.018, and 295.025 and which are insured to the full extent legally possible by the Federal Deposit Insurance Corporation, or other similar federal insuring agency; and (e) It shall maintain servicing facilities adequately staffed with personnel familiar with all regulations and requirements pertaining to or affecting loans serviced for the Department. Statutory/Other Authority: ORS 183, 456.515 - 456.725 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.555 & 456.625 History: OHCS 3-2007, f. & cert. ef. 1-11-07 HSG 3-1996, f. & cert. ef. 5-15-96 HSG 5-1995(Temp), f. & cert. ef. 11-8-95 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 4-1990, f. & cert. ef. 5-2-90 HSG 8-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 6-1987, f. & cert. ef. 3-10-87 1HD 8-1984, f. & cert. ef. 9-4-84, Renumbered from 813-010-0041 1HD 2-1979, f. & cert. ef. 6-29-79
813-010-0710 Change of Servicers (1) The servicing agreement may be terminated or amended as provided in the servicing agreement or the Program rules. (2) The Department may direct a change of Approved Servicers at any time consistent with the terms of the servicing agreement and these rules. Statutory/Other Authority: ORS 183, 456.515 - 456.725 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.555 & 456.625 History: OHCS 3-2007, f. & cert. ef. 1-11-07 HSG 3-1996, f. & cert. ef. 5-15-96 Reverted to HSG 8-1991, f. & cert. ef. 12-23-91 HSG 5-1995(Temp), f. & cert. ef. 11-8-95 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 8-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 6-1987, f. & ef. 3-10-87 1HD 8-1984, f. & ef. 9-4-84 1HD 3-1983, f. & ef. 7-20-83
813-010-0720 Disposal of Department-Owned Projects (1) The Department may transfer ownership of a Department-owned Project through sale, gift or other lawful manner to a Person or Persons whom the Department determines best meets the requirements of this Program. The Department shall establish written procedures for selling a Project prior to any offering of such project, as applicable. (2) The method of transfer of ownership, timing, price, terms and any other factors pertinent to the transfer of ownership shall be determined by the Department, in a manner which, in the opinion of the Department, best preserves the integrity and continuity of the Department's rental programs. Factors the Department may consider include, but are not limited to: (a) The financial investment of the Department in the Project; (b) Preservation of existing rental housing; (c) Proposed owner's ability to manage, market, maintain and protect the project and property used as security for the loan made by the Department; (d) Proposed owner's capacity to preserve or improve upon the projects safety, sanitation, durability and livability; (e) Proposed Owner's ability to preserve units which are affordable and suitable to the needs of the residents; and (f) Continued compliance with state or federal laws, rules or regulations, as applicable to the financing or use of the Project. Statutory/Other Authority: ORS 456.515 - 456.725 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.555 & 456.625 History: OHCS 3-2007, f. & cert. ef. 1-11-07 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 8-1989, f. & cert. ef. 11-3-89
813-010-0740 Waiver The Department may waive or modify any requirements of OAR 813, division 010, unless such waiver or modification would violate applicable federal or state statutes or regulations. Statutory/Other Authority: ORS 456.515 - 456.720 Statutes/Other Implemented: ORS 456.555 History: OHCS 3-2007, f. & cert. ef. 1-11-07
813-012-0010 Purpose and Objectives The rules of OAR chapter 813, division 12, is promulgated to carry out the provisions of ORS 456.515 through 456.720, and specifically 456.550 through 456.720, as they pertain to the administration by the Housing and Community Services Department (Department) of the Rental Housing Program. These rules and the related determinations and order of the Department constitute the Department’s Rental Housing Program. The purpose of the program is to provide funds to finance the construction, rehabilitation and/or acquisition of multi-unit rental housing for persons of lower income in the State of Oregon, while providing sufficient safeguards to protect the financial interests of the state. Statutory/Other Authority: ORS 90.800 - 90.840, 90.630, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.625 History: OHCS 4-2007, f. & cert. ef. 1-11-07 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91
813-012-0020 Definitions (1) All terms are used in OAR chapter 813, division 012, as defined in the Act, and as provided in 813-005-0005 and herein. (2) As used in OAR chapter 813, division 012, unless the context indicates otherwise: (a) “Code” means the Internal Revenue Code of 1986, as amended. (b) “HUD” means U.S. Department of Housing and Urban Development. (c) “Rental Housing Project” or “Project” means a structure or facility described in OAR 813-012-0030. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 90.800 - 90.840, 90.630, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.625 History: OHCS 4-2007, f. & cert. ef. 1-11-07 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91
813-012-0030 Eligible Rental Housing Projects In order to qualify for a Program Loan, a Project shall: (1) Be constructed and operated by the Borrower in accordance with the restrictions set forth in these rules, the Commitment and the Department’s Rental Housing Program Loan Documents. The Program documents will require the Borrower to operate the Project so that all residents are persons of lower income pursuant to ORS 456.615, and so that the Project qualifies for tax-exempt financing under Section 103 of the Code; (2) Be a structure or facility which provides five or more living units for lower income Persons or households, and may provide spaces for common use by the occupants in social, recreational and daycare activities: (a) Projects may include, but are not limited to: disabled, elderly, congregate, and manufactured dwelling parks in which the manufactured dwellings are rental units; (b) Projects do not include: (A) Group care homes, nursing homes or hospitals; (B) Structure primarily for recreational or social activities; and (C) Single-family detached dwellings except as provided for in tax law. (3) 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 worthiness of the Eligible Borrower; management and resident support service plans; final architectural package; Eligible Borrower’s organizational documents; title report; and any other information the Department shall prescribe; (4) Comply with all applicable state and local land use and zoning requirements, housing codes, and similar requirements; (5) Qualify for and receive insurance under HUD/FHA programs such as Risk Sharing, 221(d)(4) or 221(d)(3), or obtain other insurance or guarantees which are acceptable to the Department; (6) Be located in the State of Oregon; and (7) Qualify for tax-exempt financing under Section 103 of the Code. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 90.800 - 90.840, 90.630, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.625 History: OHCS 4-2007, f. & cert. ef. 1-11-07 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91
813-012-0040 Resident Eligibility and Occupancy (1) To be eligible to occupy a Project, a Person or household shall: (a) Be a resident of the state; (b) Have an annualized gross household income which does not exceed the limit established by the Department from time to time in compliance with the Act, and the limits of Section 142(d)(1) of the Code, if applicable. (c) 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. (A) 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 (c) above in order to reduce the impact of displacement for over-income residents. (2) No preference shall be given to any particular class or group in renting the residential units in the Project, except to the extent that residential units are required to be leased or rented to lower-income persons or households as outlined in this rule and as required to preserve the tax-exemption on Bonds issued to finance the Project. Rental of units shall not violate the Fair Housing provisions of the 1968 Civil Rights Act. (3) Lower-income Persons or households residing in the Project shall have equal access and enjoyment to all common facilities of the Project. (4) The Borrower shall accept as residents in compliance with Section 8 programs, lower-income Persons or households who are holders of certificates for federal housing assistance payments pursuant to Section 8 of the United States Housing Act of 1937 or a successor federal program, on the same basis as all other prospective residents. The Borrower shall not apply resident selection criteria to such Section 8 certificate holders which are more burdensome than the criteria applied to any other prospective resident. (5) The Borrower shall conduct annual income certifications of residents to assure compliance with the income requirements of the Program. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 90.800 - 90.840, 90.630, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.620, 456.645 & 456.675 History: OHCS 4-2007, 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 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91
813-012-0050 Restrictions Associated with Tax-Exempt Financing All projects will be required to comply with the applicable restrictions of Section 103 and Sections 141 to 149 of the Code. The Department expects to provide financing for Projects under the Rental Housing Program by issuing Bonds, the interest on which is excludable from gross income under the Code. The exclusion is available under Section 103 of the Code, and is detailed in Sections 141 through 149 of the Code. These Code provisions impose substantial restrictions on the Projects which receive financing, the amount of financing, and the residents who occupy the Projects. The restrictions may vary depending on the type of entity which owns and operates the Project; projects owned or operated by private, for-profit entities are subject to the greatest restrictions, as detailed in Section 142(d) of the Code and the applicable regulations. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.625 History: OHCS 4-2007, f. & cert. ef. 1-11-07 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91
813-012-0060 Borrower Reporting and Record Keeping (1) The Borrower shall determine at least annually whether a resident of a unit is a lower-income Person or household on the basis of the current income of the resident in a manner satisfactory to the Department. (2) The Borrower shall make periodic reports to the Department regarding the occupants of the Project in the manner and with the frequency required by the Department. (3) The Borrower shall permit at any time during the original term of the Program Loan, any duly authorized representative of the Department to inspect the books and records of the Borrower pertaining to the incomes of Persons or households residing in the Project. Statutory/Other Authority: ORS 90.800 - 90.840, 90.630, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.625 History: OHCS 4-2007, f. & cert. ef. 1-11-07 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91
813-012-0070 Insurance and Guarantees The Borrower shall be responsible for obtaining HUD/FHA insurance or other guarantee satisfactory to the Department. Statutory/Other Authority: ORS 90.800 - 90.840, 90.630, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.625 History: OHCS 4-2007, f. & cert. ef. 1-11-07 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91
813-012-0080 Criteria for Selecting Projects The Department may select Project applications which, in the judgment of the Department best achieve the purposes of the Program and the Act. Preference will be given to Projects which: (1) Have the lowest rents possible in comparison with local market rents (as determined by the Department) in the community where the Project is to be located; (2) Have the greatest level of support services appropriate to the needs of the expected resident population (e.g. child care, job training); and (3) Because of their characteristics, would have the most difficulty obtaining other financing. Statutory/Other Authority: ORS 90.800 - 90.840, 90.630, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.625 History: OHCS 4-2007, f. & cert. ef. 1-11-07 HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91