justicedao/ipfs_state_laws huggingface dataset:
813-042-0060 Application Review (1) For applications where the amount requested from the Program does not exceed $100,000, the Department shall consider the application and make application approval, deny application approval, or request additional information within the timeframe set forth in the application materials. (2) For applications where the amount requested is in excess of $100,000, or for requests or applications that would result in a cumulative award of more than $100,000 to a project, the Department shall consider the proposal and approve, disapprove or request additional information within the timeframe set forth in the application materials. If the Department proposes to award more than $100,000 to a project, it shall submit the proposal to the Housing Stability Council for review. The Council shall approve or disapprove the application at a public hearing of the Council, pursuant to ORS 456.571(2). (3) In reviewing applications for assistance, the Department and the Council, as appropriate, may consider, in addition to any special evaluation criteria, the following: (a) Amount of available funds in the Program; (b) Ability of the proposed project to meet proposed terms of loan repayment in cases where the awardee has requested funding as a loan; (c) Availability of other sources of assistance; and (d) Applicant’s efforts to leverage public or private funds. (4) The Department shall select those applications which, in the judgment of the Department, best achieve the purposes of the Program and any evaluation criteria outlined in the Program application forms and handbooks. Statutory/Other Authority: ORS 456.515 - 456.720 & 458.600 - 458.630 Statutes/Other Implemented: ORS 456.555 History: OHCS 7-2007, f. & cert. ef. 1-11-07 OHCS 14-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
813-042-0070 Charges (1) The Department may require a non-refundable application charge from any applicant requesting Housing Development Guarantee Account funds through the Consolidated Funding Cycle, or otherwise. (2) The Department may require a supplemental application charge from applicants requesting additional resources for projects that have already been funded by the Department. (3) The Department may require a transfer application charge from owners of projects that receive grants, loans, or tax credits through the Department, who request the Department’s approval of a change in project ownership. The Department may assess a transfer review charge to project owners and transferees who effect a change in project ownership without prior written Department approval. Statutory/Other Authority: ORS 456.515 - 456.720 & 458.600 - 458.630 Statutes/Other Implemented: ORS 456.555 History: OHCS 7-2007, f. & cert. ef. 1-11-07 OHCS 14-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
813-042-0080 General Administrative and Monitoring Requirements (1) The Department may perform such reviews or field inspections as it deems necessary to ensure Program compliance. The Department may require that a Recipient take such remedial actions as described in this rule and OAR 813-042-0090. (2) Financial records, supporting documents, and all other pertinent records shall be retained by a HDGA Recipient for five years after the project is complete, or after any litigation or audit claim is resolved, whichever is later. The Department shall have access to all books, accounts, documents, records and other property belonging to or in use by the Recipient which relate to the use of HDGA funds. Statutory/Other Authority: ORS 456.515 - 456.720 & 458.600 - 458.630 Statutes/Other Implemented: ORS 456.555 History: OHCS 7-2007, f. & cert. ef. 1-11-07 OHCS 14-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
813-042-0090 Remedies for Noncompliance At any time before the expiration of the Affordability Period, the Department may find that a Recipient is not in compliance with the requirements of the Program for reasons including but not limited to use of funds for activities not approved in the Use Agreement, failure to complete activities in a timely manner, failure to comply with applicable rules or regulations, or the lack of a continued capacity by the Recipient to carry out the approved activities. Remedies for noncompliance may include penalties imposed by the Department, including but not limited to, repayment of HDGA funds. Statutory/Other Authority: ORS 456.515 - 456.720 & 458.600 - 458.630 Statutes/Other Implemented: ORS 456.555 History: OHCS 7-2007, f. & cert. ef. 1-11-07 OHCS 14-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
813-042-0100 Sanctions (1) The Department may invoke sanctions against a Recipient that fails to comply with the provisions of its Use Agreement. The following circumstances may warrant sanctions: (a) HDGA funds have not been expended within one year of award by the Department or the Recipient; (b) Any local or private party funding agreements related to the project are not executed within six months of the award of HDGA funds; (c) There is a material breach of the Use Agreement; (d) The Use Agreement was not recorded on the property required by OAR 813-042-0050(3) or as agreed; or (e) The Department finds that significant corrective actions are necessary to protect the integrity of the project funds, and those corrective actions are not, or will not be, made within a reasonable time (the funds were used for costs not eligible under the HDGA program or the project has not served the population stated in the Use Agreement). (2) One or more of the following sanctions may be imposed by the Department: (a) Prohibit a Recipient from applying for future HDGA assistance or other Department assistance; (b) Revoke an existing HDGA award; (c) Withhold unexpended HDGA funds; (d) Require return of HDGA funds that have been disbursed to the Recipient but not expended by the Recipient; (e) Require repayment of expended HDGA funds; and (f) Invoke other remedies that may be incorporated into the Use Agreement. (3) Sanctions will not be imposed by the Department until the Recipient has been notified in writing of its deficiencies and given a reasonable time to respond and correct the deficiencies noted. The sanctions and remedies set forth in this OAR 813-042-0100 are cumulative and not exclusive and are in addition to any other rights and remedies provided by law or under the Use Agreement. Statutory/Other Authority: ORS 456.515 - 456.720 & 458.600 - 458.630 Statutes/Other Implemented: ORS 456.555 History: OHCS 7-2007, f. & cert. ef. 1-11-07 OHCS 14-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
813-042-0110 Waiver The Director may waive or modify any requirements of these Program rules, 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 7-2007, f. & cert. ef. 1-11-07 OHCS 14-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
813-043-0000 Purpose and Objectives The rules of OAR 813, Division 43, are established to accomplish the general purpose of 1991 Legislative Session law; Chapter 740, the Oregon Housing Fund and the Housing Development and Guarantee Account therein, which authorizes the Department to establish a program to expand the state’s supply of housing for low and very low income families and individuals including, but not limited to, persons more than 65 years of age, disabled persons, farm workers, and Native Americans. These rules describe the Housing Development and Loan Guarantee Program and its objective to provide loan guarantees to construct new housing or to acquire and/or rehabilitate existing structures for housing for persons of Moderate, Low, and/or Very Low Income. Statutory/Other Authority: ORS 458.600 - 458.650 Statutes/Other Implemented: OL 1991, Ch. 740 & ORS 458.740 History: OHCS 51-2025, amend filed 12/24/2025, effective 12/29/2025 OHCS 40-2025, temporary amend filed 09/11/2025, effective 09/11/2025 through 03/09/2026 OHCS 33-2024, amend filed 09/11/2024, effective 09/16/2024 HSG 4-1992, f. & cert. ef. 4-28-92 HSG 4-1991(Temp), f. & cert. ef. 10-10-91
813-043-0010 Definitions Terms used throughout this division (OAR 813-043) are defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR 813-005-0005). Terms used in this division observe those definitions except as defined below: (1) Culturally Specific Organization (CSO): an entity that provides services to a cultural community and the entity has the following characteristics: (a) Majority of members and/or clients must be from a particular cultural community that has faced housing discrimination; (b) Organizational environment is culturally focused, and the cultural community being served recognizes it as a culturally-specific entity that provides culturally and linguistically responsive services; (c) Majority of staff must be from the cultural community being served, and the majority of the leadership (defined to collectively include board members and management positions) must be from the cultural community being served; (d) The entity has a track record of successful community engagement and involvement with the cultural community being served, rooted on a foundation of respect and trust; and (e) The organization engages in advocacy for housing and/or economic justice for the cultural community with their guidance. (2) “Fund” means the Guarantee Fund used for the Loan Guarantee Program; (3) “Low Income” as defined in ORS 458.610; (4) “Moderate Income” as defined in ORS 458.610; (5) “Very Low Income” as defined in ORS 458.610. (6) “Project Use Agreement” is a legal agreement between the grantee or borrower receiving a loan guarantee and OHCS. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 458.600 - 458.650 Statutes/Other Implemented: OL 1991, Ch. 740 & ORS 458.740 History: OHCS 51-2025, amend filed 12/24/2025, effective 12/29/2025 OHCS 40-2025, temporary amend filed 09/11/2025, effective 09/11/2025 through 03/09/2026 OHCS 33-2024, amend filed 09/11/2024, effective 09/16/2024 HSG 1-1995, f. & cert. ef. 5-4-95 HSG 4-1992, f. & cert. ef. 4-28-92 HSG 4-1991(Temp), f. & cert. ef. 10-10-91
813-043-0030 Distribution of Funds (1) The Department shall develop a distribution formula which takes into account the relative housing needs of regions and shall concentrate funds in those areas of the state with the greatest housing need, as may be evidenced by factors including but not limited to, the unmet housing need, extent of overcrowding, and number of poverty households. (2) The distribution formula shall provide for a minimum amount of funds to regions of the state. If an inadequate number of applications are submitted from a particular region to use the minimum regional amount, then the funds may be redistributed to other regions. Statutory/Other Authority: ORS 458.600 - 458.650 Statutes/Other Implemented: ORS 458.600 - 458.650 & Ch. 740 & OL 1991 History: OHCS 3-2011, f. & cert. ef. 2-17-11 OHCS 13-2010(Temp), f. & cert. ef. 8-24-10 thru 2-18-11 HSG 4-1992, f. & cert. ef. 4-28-92 HSG 4-1991(Temp), f. & cert. ef. 10-10-91
813-043-0050 Terms of Guarantee (1) Guarantee terms and conditions shall be established in a Project Use Agreement and recorded in the relevant jurisdiction(s) at the project owner’s expense. A guarantee to a project shall be conditioned upon the continued use of the project for the targeted tenant group and provision of supportive services for the duration and to the extent indicated in the Loan Guarantee Program application or Project Use Agreement. (2) If all or part of the commitments to tenant groups, services, or period of use for Moderate, Low and Very Low Income housing are withdrawn from the project, OHCS, at its discretion, may either: (a) Rescind the loan guarantee; or (b) In the event that the loan guarantee term has expired but the term of affordability continues, a financial penalty may be assessed and the non-compliance will reflect on overall sponsor capacity in future OHCS funding solicitations. Statutory/Other Authority: ORS 458.600 - 458.650 Statutes/Other Implemented: ORS 458.600 - 458.650 & Ch. 740 & OL 1991 History: OHCS 33-2024, amend filed 09/11/2024, effective 09/16/2024 HSG 4-1992, f. & cert. ef. 4-28-92 HSG 4-1991(Temp), f. & cert. ef. 10-10-91
813-043-0060 Charges and Compliance Monitoring (1) OHCS may assess and the sponsor shall pay such charges as OHCS determines appropriate for reviewing an application as well as for issuance of a letter of guarantee approval. (2) OHCS may assess and the sponsor, owner, operator or other applicable party shall pay such charges as OHCS determines appropriate for its monitoring of the project for compliance with program requirements or enforcement of appropriate program compliance, including but not limited to meeting appropriate construction and maintenance standards, and satisfying and documenting applicable affordability compliance. (3) OHCS may perform such reviews or field inspections as it deems necessary to ensure Loan Guarantee Program compliance. OHCS may require that a sponsor, owner, operator or other applicable party take such remedial actions as described in this rule. (4) Financial records, supporting documents, and all other pertinent records shall be retained by a Loan Guarantee Program Recipient for six (6) years after the project is complete, the guarantee has expired, or after any litigation or audit claim is resolved, whichever is later. OHCS, and any other state entity having audit authority, shall have access to all books, accounts, documents, records and other property belonging to or in use by a Loan Guarantee Program Recipient and relating to the use of the Loan Guarantee Program funds. Statutory/Other Authority: ORS 458.600 - 458.650 Statutes/Other Implemented: ORS 458.600 - 458.650 & Ch. 740 & OL 1991 History: OHCS 33-2024, amend filed 09/11/2024, effective 09/16/2024 HSG 6-1994, f. & cert. ef. 9-9-94 HSG 4-1992, f. & cert. ef. 4-28-92 HSG 4-1991(Temp), f. & cert. ef. 10-10-91
813-044-0000 Purpose and Objectives The purpose of OAR chapter 813, division 44 is to establish the Home Ownership Assistance Program (HOAP) to implement the purposes of the Home Ownership Assistance Account of the Oregon Housing Fund described in ORS 458.655. The purpose of HOAP is to expand access to homeownership for Oregonians earning at or below area median income. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.620 & 458.655 History: OHCS 27-2022, minor correction filed 10/21/2022, effective 10/21/2022 OHCS 41-2019, amend filed 12/30/2019, effective 12/30/2019 OHCS 2-2012, f. & cert. ef. 3-27-12 OHCS 9-2011(Temp), f. & cert. ef. 9-30-11 thru 3-27-12 OHCS 4-2009, f. & cert. ef. 12-22-09 HSG 2-1996, f. & cert. ef. 4-15-96
813-044-0005 Definitions (1) "Federal Fair Housing Act" means the act, as established in 42 U.S. Code §§ 3601-3619, which prohibits discrimination in housing practices on the basis of race, color, religion, sex, national origin, familial status, and disability. (2) “ First Generation Homebuyer" means an individual; (a) whose living parents or legal guardians do not, to the best of the individual’s knowledge, have any present fee simple ownership interest in a principal residence in any state, excluding ownership of heir property; (b) Who, if no parents or legal guardians are living upon acquisition of the eligible home to be acquired using such assistance, to the best of the individual’s knowledge, their parents or legal guardians did not have any ownership interest in a principal residence in any state at the time of their death, excluding ownership of heir property; and, (c) whose spouse or domestic partner has not, during the three-year period ending upon acquisition of the eligible home to be acquired using such assistance had any present ownership interest in a principal residence in any state, excluding ownership of heir property, whether the individual is a co-borrower on the loan or not, OR (d) An individual who has at any time been placed in foster care or institutional care whose spouse or domestic partner has not, during the three-year period ending upon acquisition of the eligible home to be acquired using such assistance, had any ownership interest in a principal residence in any state, excluding ownership of heir property, whether such individuals are co-borrowers on the loan or not. (3) “First Time Homebuyer” means an individual who has not held an ownership interest in a principal residence at any time during the three year period ending on the date of the purchase of the property. (4) "Homeownership Center" means an organization that assists in securing the future of Oregonians by providing Homeownership Counseling and Education, Housing Counseling including Financial and Post-purchase counseling in an effort to create stable households throughout the state, particularly in communities of color. (5) "Homeownership Counseling" is defined in 24 CFR §5.100. (6) "Housing Counseling" is defined in 24 CFR §5.100. (7) "Organization" means an entity, as defined in ORS 458.600, that manages a homeownership program as required in ORS 458.655. (8) “Veteran Family” means a spouse of a deceased Veteran and has been determined by the United States Department of Veteran’s Affairs eligible to receive any benefit from that Department. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.600, ORS 458.620 & 458.655 History: OHCS 28-2022, amend filed 10/24/2022, effective 10/24/2022 OHCS 41-2019, adopt filed 12/30/2019, effective 12/30/2019
813-044-0030 Distribution of Funds The maximum amount of an award to an organization under the Home Ownership Assistance Program is subject to determination by the Housing Stability Council. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.620 & 458.655 History: OHCS 41-2019, amend filed 12/30/2019, effective 12/30/2019 OHCS 2-2012, f. & cert. ef. 3-27-12 OHCS 9-2011(Temp), f. & cert. ef. 9-30-11 thru 3-27-12 OHCS 4-2009, f. & cert. ef. 12-22-09 HSG 2-1996, f. & cert. ef. 4-15-96
813-044-0040 Application Procedure and Requirements An organization may apply for a grant from the Home Ownership Assistance Program under ORS 458.655, upon an open solicitation for a Request for Application (RFA), as determined by OHCS. An organization may apply for a grant under this rule by submitting to OHCS a completed application and documents as required in the Request for Applications (RFA). Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.620 & ORS 458.655 History: OHCS 28-2022, amend filed 10/24/2022, effective 10/24/2022 OHCS 41-2019, amend filed 12/30/2019, effective 12/30/2019 OHCS 5-2015, f. & cert. ef. 7-9-15 OHCS 2-2015(Temp), f. & cert. ef. 3-11-15 thru 9-5-15 OHCS 2-2012, f. & cert. ef. 3-27-12 OHCS 9-2011(Temp), f. & cert. ef. 9-30-11 thru 3-27-12 OHCS 4-2009, f. & cert. ef. 12-22-09 HSG 2-1996, f. & cert. ef. 4-15-96
813-044-0045 Purposes for Funding Funds within the Home Ownership Assistance Program may be used for the following purposes: (1) Down Payment Assistance (DPA); (2) Homeownership Centers; (3) Restore Health and Safety; or (4) Training and other uses suitable to OHCS. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.620 & 458.655 History: OHCS 41-2019, amend filed 12/30/2019, effective 12/30/2019 OHCS 5-2015, f. & cert. ef. 7-9-15 OHCS 2-2015(Temp), f. & cert. ef. 3-11-15 thru 9-5-15
813-044-0050 Criteria for Funding (1) Grants by OHCS under the Home Ownership Assistance Program are subject to the availability of funds in the Home Ownership Assistance Account and to limits established by law. The process by which OHCS makes grants available may include, but is not limited to, consideration of individual proposals and the use of a competitive review process. (2) In addition to the criteria in ORS 458.655 for preference in making grants, a grant application is subject to subordinate criteria established by OHCS and included in a competitive proposal solicitation or RFA. (3) Organizations must verify income eligibility under current area median income (AMI) requirements at the time an individual applies to any HOAP Program. (4) Organizations must complete and submit all Reporting Requirements as indicated in the grant agreement. (5) Organizations must have a Language Access Plan (LAP) for persons with limited proficiency in speaking or writing English. (6) Organizations must have policies and procedures in place for the recovery of the destruction of program-related records as a result of a natural or man-made disaster. (7) Organizations must maintain and retain program records as necessary to comply with state and federal law, including the requirements set by OHCS and listed in the Agency Retention Schedule and terms of the grant agreement. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.620 & ORS 458.655 History: OHCS 28-2022, amend filed 10/24/2022, effective 10/24/2022 OHCS 41-2019, amend filed 12/30/2019, effective 12/30/2019 OHCS 2-2012, f. & cert. ef. 3-27-12 OHCS 9-2011(Temp), f. & cert. ef. 9-30-11 thru 3-27-12 OHCS 4-2009, f. & cert. ef. 12-22-09 HSG 2-1996, f. & cert. ef. 4-15-96
813-044-0055 Use of Grant Funds An organization that receives a grant under the Home Ownership Assistance Program: (1) Is subject to the condition that the organization continues to use the grant for the specific purpose, for the duration, and to the extent authorized by the grant application and agreement; (2) May provide in its agreements with homeowners that when a homeowner sells the home, for which the organization’s assistance was furnished, the organization may recapture some or all of the assistance from proceeds of the sale; (3) Must redeploy funds recaptured under this rule to furnish further assistance to eligible homebuyers or homeowners within the associated HOAP program. (4) May be required by OHCS to repay all or part of the grant if the organization does not perform or expend all or part of the required Scope of Work as described in the agreement. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.620 & ORS 458.655 History: OHCS 28-2022, amend filed 10/24/2022, effective 10/24/2022 OHCS 41-2019, amend filed 12/30/2019, effective 12/30/2019 OHCS 2-2012, f. & cert. ef. 3-27-12 OHCS 9-2011(Temp), f. & cert. ef. 9-30-11 thru 3-27-12
813-045-0005 General Purpose The rules of OAR 813, division 45 are established to accomplish the general purpose of ORS 456.515 to 456.720, specifically 456.720(7), which authorizes the Department to establish a Housing Development Account to carry out the purposes of the Act by contract, grant, loan, or as otherwise determined necessary by the Department. Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.515 - 456.720 History: HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 13-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 3-1988, f. & cert. ef. 9-2-88 HSG 2-1988(Temp), f. & cert. ef. 4-5-88
813-045-0010 Definitions All words and terms are used in OAR 813, division 45 as defined in the Act, and as provided by 813-005-0005. Statutory/Other Authority: ORS 90.800 - 90.840, 91.886, 183, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.515 - 456.720 History: HSG 8-1991, f. & cert. ef. 12-23-91 HSG 2-1991(Temp), f. & cert. ef. 8-7-91 HSG 13-1989, f. & cert. ef. 11-3-89 HSG 3-1989(Temp), f. & cert. ef. 6-8-89 HSG 3-1988, f. & cert. ef. 9-2-88 HSG 2-1988(Temp), f. & cert. ef. 4-5-88