justicedao/ipfs_state_laws huggingface dataset:
813-052-0040 Form of Assistance (1) The department may provide HDIP funds in the form of a grant or a loan, or a combination of both. 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 HDIP funds. Preference may be given to those applicants requesting loans that show sufficient project cash flow to repay the loan. (2) The department normally will notify an applicant in a written reservation letter as to the amount and form of HDIP 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. (3) Each recipient of project development assistance shall, among other things, 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. (4) 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. (5) If the terms and conditions upon which the assistance was approved or provided are not met, the Department may, upon written notice, immediately revoke approval of the use of the HDIP funds, and/or require repayment of all or a portion of the funds advanced, if any. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.561 History: OHCS 13-2023, adopt filed 06/07/2023, effective 06/07/2023 OHCS 31-2022, temporary adopt filed 12/05/2022, effective 12/12/2022 through 06/09/2023
813-053-0000 Purpose and Objectives The purpose of OAR chapter 813, division 53 of the administrative rules is to implement the Elderly Rental Assistance Program (ERA). ERA is administered through ORS 458.375. The purpose of ERA is to fund local homeless prevention programs that assist very-low-income elderly households, who are unstably housed, to attain housing stability. Statutory/Other Authority: ORS 458.375 Statutes/Other Implemented: ORS 458.620, 458.650 & 458.610 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 36-2019, amend filed 11/26/2019, effective 11/26/2019 OHCS 9-2017, adopt filed 11/07/2017, effective 11/07/2017 OHCS 4-2017(Temp), f. & cert. ef. 6-20-17 thru 12-16-17
813-053-0010 Definitions Terms used throughout this division (OAR 813-053) may be defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions, except as defined below: (1) "Elderly household" means an individual living alone, a family with or without children, or a group of individuals who are living together as one economic unit, where at least one member of the household is age 58 or older. (2) "ERA" means the Elderly Rental Assistance program administered by the OHCS pursuant to this division and other applicable law. (3) "ERA requirements" means these administrative rules; all funding agreement terms and conditions; OHCS directives (including deficiency notices); the ERA Manual requirements; and applicable state, local, and federal laws and requirements. (4) "ERA services" means services as defined in OAR 813-053-0040 and the ERA Manual, which are eligible activities with ERA funding. (5) "Homeless Management Information System" or "HMIS" is defined in 24 CFR 576.2. (6) "Household income" means the total household income from all sources before taxes. Specific sources and deductions are outlined in the SHF Manual. (7) "SHF Manual" or "Program manual" means the State Houseless Funds Program Operations Manual, as described in OAR 813-053-0015. (8) “Subgrantee” means person, entity, or party that enters into a contract, loan agreement, or grant agreement directly with OHCS to receive funds to administer the ERA Program. (9) “Subrecipient” means organization as defined in ORS 458.610(6) that works with, collaborates with, or enters into a direct agreement with the subgrantee to provide services under the ERA Program. (10) "Unstably housed" means an individual or family who is rent-burdened, defined as paying more than 30% of their gross income in rent; or is currently paying more than the Fair Market Rent, defined by HOME FMRs or is at risk of losing their housing and does not otherwise qualify as homeless or imminent risk, has been notified to vacate their current residence, or otherwise demonstrates a high risk of losing their current housing and lacks the resources or support networks to obtain other permanent housing. (11) "Very-low income household" means an annual household income that is at or less than 50% of the area median income based on HUD determined guidelines, adjusted for family size. Statutory/Other Authority: ORS 458.375 Statutes/Other Implemented: 24 CFR 576.2, ORS 458.610, 458.620 & 458.650 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 2-2023, amend filed 03/01/2023, effective 03/01/2023 OHCS 8-2020, amend filed 05/07/2020, effective 05/07/2020 OHCS 36-2019, amend filed 11/26/2019, effective 11/26/2019 OHCS 18-2017, adopt filed 11/07/2017, effective 11/07/2017 OHCS 4-2017(Temp), f. & cert. ef. 6-20-17 thru 12-16-17
813-053-0015 Manuals Effective on July 1, 2025, the State Houseless Funds Program Operations Manual (SHF Manual) with the requirements and standards therein, is incorporated into and adopted as part of division 813-053-0015 of the department's administrative rules, 813-053-0000 to 813-053-0090. The State Houseless Funds Program Operations Manual (SHF Manual), dated July 1, 2023, previously incorporated into and adopted as part of these administrative rules remains in effect until July 1, 2025, on which date it is repealed. The SHF Manual may be accessed online at the OHCS website. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 458.375 Statutes/Other Implemented: ORS 458.610, ORS 458.620 & 458.650 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 2-2023, amend filed 03/01/2023, effective 03/01/2023 OHCS 21-2020, amend filed 10/27/2020, effective 10/27/2020 OHCS 8-2020, adopt filed 05/07/2020, effective 05/07/2020
813-053-0020 Administration (1) OHCS may contract with subgrantees to provide eligible ERA services (see OAR 813-053-0040) in such manner as to provide holistic coverage statewide without duplication or overlap of services. (2) OHCS will allocate ERA funds to all subgrantees through a formula established by OHCS prior to the allocation process. OHCS reserves the right to modify such formula at any time in its sole discretion. (3) A subgrantee may enter into agreements or collaborate with subrecipients that meet the requirements of ORS 458.610(6) to provide eligible ERA services in the subgrantee’s service area. (4) Subgrantees shall, at a minimum, provide ERA services to eligible applicants or households that meet ERA requirements. Whenever appropriate, subgrantees may assist eligible households in accessing other services designed to stabilize housing. (5) Subgrantee representatives must attend and participate in ERA-related training made available or conducted by OHCS, when required. (6) A designated portion of ERA funds are reserved for subgrantees and their subrecipients to use for administrative costs. Subgrantees and their subrecipients may expend up to a determined amount as authorized by OHCS and outlined in the funding agreement. Statutory/Other Authority: ORS 458.375 Statutes/Other Implemented: ORS 458.610, 458.620 & 458.650 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 36-2019, amend filed 11/26/2019, effective 11/26/2019 OHCS 17-2017, adopt filed 11/07/2017, effective 11/07/2017 OHCS 4-2017(Temp), f. & cert. ef. 6-20-17 thru 12-16-17
813-053-0030 Applicant Eligibility (1) ERA services shall be made available to very low income elderly households that are homeless or unstably housed. (2) A household member’s duration of Oregon residency or immigrant status shall not be considered as part of the eligibility criteria. (3) Specific requirements and documentation to provide proof of eligibility for ERA services are detailed in the SHF Manual. Statutory/Other Authority: ORS 458.375 Statutes/Other Implemented: 458.620 & 458.650 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 36-2019, amend filed 11/26/2019, effective 11/26/2019 OHCS 20-2019, minor correction filed 07/03/2019, effective 07/03/2019 OHCS 16-2017, adopt filed 11/07/2017, effective 11/07/2017 OHCS 4-2017(Temp), f. & cert. ef. 6-20-17 thru 12-16-17
813-053-0040 Use of Funds (1) Use of ERA funding must be in compliance with ERA requirements for eligible households. (2) To the extent of available funding, eligible ERA services include prevention of homelessness. (3) Program service exclusions are provided for in the SHF Manual. Statutory/Other Authority: ORS 458.375 Statutes/Other Implemented: ORS 458.620, 458.650 & 458.610 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 36-2019, amend filed 11/26/2019, effective 11/26/2019 OHCS 15-2017, adopt filed 11/07/2017, effective 11/07/2017 OHCS 4-2017(Temp), f. & cert. ef. 6-20-17 thru 12-16-17
813-053-0050 Application for Funding; Funding Agreement (1) Prior to providing any ERA services using OHCS funding, subgrantees must submit biennially an application for funding to OHCS. A funding agreement must be approved by OHCS in writing before being operative. (2) Applications for funding must meet all requirements of form and content as established by OHCS. At a minimum, an application must include a subgrantee’s proposed activities for eligible households, anticipated expenditures, and any other information as OHCS may require specific to ERA funding. Subgrantees must adhere to OHCS requirements and deadlines for submitting an application. An application is subject to approval, with or without modifications, or disapproval by OHCS. (3) OHCS will not approve any application for funding for ERA unless it meets sufficiency requirements. Sufficiency is based on the quantity, thoroughness and quality of performance that is satisfactory to OHCS. This includes, but is not limited to, providing relevant information necessary for OHCS to assess the subgrantee’s compliance with all ERA requirements and any other standards, goals, and requirements established by OHCS. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.610, 458.620 & 458.650 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 36-2019, amend filed 11/26/2019, effective 11/26/2019 OHCS 14-2017, adopt filed 11/07/2017, effective 11/07/2017 OHCS 4-2017(Temp), f. & cert. ef. 6-20-17 thru 12-16-17
813-053-0060 Recordkeeping and Compliance Monitoring (1) Subgrantees and their subrecipients must maintain accurate financial records satisfactory to OHCS and consistent with ERA requirements, which document the receipt and disbursement of all ERA funds by OHCS. Subgrantees must have an accounting system in place satisfactory to OHCS, and implement an approved Homeless Management Information System (HMIS) database for data and fiscal entry. (2) Subgrantees and their subrecipients must maintain other ERA records satisfactory to OHCS and consistent with ERA requirements, which include, but are not limited to, documentation of household eligibility, receipt of allowable ERA services, termination of services and the basis for same, housing status, administrative actions, contracts with subrecipients, review of subrecipient performance, action taken with respect to deficiency notices, and any administrative review proceedings. Such records must be satisfactory to OHCS in substance and format. (3) Subgrantees must provide OHCS with all required reports, data, and financial statements by submission deadlines and satisfactory to OHCS in form and substance as identified in the ERA requirements and as requested by OHCS. (4) To ensure proper compliance and monitoring of ERA, subgrantees and their subrecipients must: (a) Furnish representatives of OHCS, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives access to and permit copying of all electronic and hardcopy books, accounts, documents, and records and allow reasonable access to the project and other property pertaining to ERA, at any such representative’s request. (b) Cooperate fully in any inspections or other monitoring actions taken by OHCS, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives. (c) Retain and keep accessible all ERA records and data according to ERA requirements and as requested by OHCS. (5) OHCS will conduct reviews, audits, and other compliance monitoring as it deems appropriate with respect to each subgrantee and its subrecipients to verify compliance with the ERA requirements. Subgrantees and their subrecipients must cooperate fully with OHCS in its compliance monitoring activities. (6) Subgrantees must require by contract, and monitor their subrecipients’ compliance with, all ERA requirements including, but not limited to, recordkeeping and retention of records and OHCS compliance monitoring and enforcement. Statutory/Other Authority: ORS 458.375 Statutes/Other Implemented: ORS 458.610, 458.620 & 458.650 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 36-2019, amend filed 11/26/2019, effective 11/26/2019 OHCS 13-2017, adopt filed 11/07/2017, effective 11/07/2017 OHCS 4-2017(Temp), f. & cert. ef. 6-20-17 thru 12-16-17
813-053-0070 Remedies (1) OHCS reserves the right to identify deficiencies in the performance of any subgrantee or their subrecipients discovered during prorgram operations or compliance monitoring activities and take remedial action upon such subgrantees, including, but not limited to, modifying funding amount, reducing or withholding payment, suspending or recouping payment s or both, requiring a corrective action or additional activities necessary to satisfy its obligations or meet performance standards, initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief, exercise of its right of recovery of overpayments, declaring subgrantee ineligible for the receipt of future awards from OHCS, criminal action for misstatements or fraud, misfeasance, claims under the Oregon False Claims Act, or other culpable behavior, investigation, audit, and/or sanction by other governmental bodies, and terminating its funding agreement with a subgrantee and requiring repayment of ERA funding. (2) To remedy any identified deficiencies, OHCS: (a) May issue a deficiency notice notifying a subgrantee of deficiencies and provide documentation for the basis of such determination and the specific deficiency or deficiencies that must be corrected; (b) May require the subgrantee to correct any deficiencies in a manner and time frame satisfactory to OHCS; (c) May offer training and technical assistance related to such deficiencies to the subgrantee; and (d) May, at its discretion, offer the subgrantee assistance in the development of a corrective action plan. If a corrective action plan is allowed, OHCS must review the plan and issue a decision of approval or disapproval to the subgrantee. (3) OHCS may provide adequate notice to a subgrantee of remedial action that will terminate or reduce a subgrantee’s eligibility for ERA funding. OHCS may provide the subgrantee an initial opportunity to appeal to the director of the Housing Stabilization Division of OHCS, whose decision may be deferred to the director of OHCS. (4) Issuance of a deficiency notice will not constitute a waiver of other remedies available to OHCS or preclude OHCS from exercising such other remedies available to it under the ERA requirements, at law or otherwise. Statutory/Other Authority: ORS 458.375 Statutes/Other Implemented: ORS 458.610, 458.620 & 458.650 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 36-2019, amend filed 11/26/2019, effective 11/26/2019 OHCS 19-2019, minor correction filed 07/03/2019, effective 07/03/2019 OHCS 12-2017, adopt filed 11/07/2017, effective 11/07/2017 OHCS 4-2017(Temp), f. & cert. ef. 6-20-17 thru 12-16-17
813-053-0080 Challenge of Subgrantee Action (1) Any household aggrieved by a subgrantee administering or providing ERA services may challenge the subgrantee's action by entering the subgrantee's administrative review process (see OAR 813-053-0090). Any household who received either an unsatisfactory determination or refusal of a review by the subgrantee may submit a written request to OHCS within 30 days of receiving the notice of review determination or refusal by the subgrantee to provide such administrative review. (2) OHCS may accept or deny a request to conduct a subgrantee administrative review, in whole or in part, at its sole discretion. An OHCS review will be in the manner determined appropriate by OHCS and may include, but is not limited to, review of provided information. (3) If OHCS accepts the review request, the requesting household, the subgrantee, and any relevant subrecipients will produce all information required by OHCS, including requested affidavits or testimony. (4) Upon accepting the review request, OHCS may make a determination on such review request and require such remedial action as OHCS determines, in its sole discretion, to be appropriate. Statutory/Other Authority: ORS 458.375 Statutes/Other Implemented: ORS 458.610, 458.620 & 458.650 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 36-2019, amend filed 11/26/2019, effective 11/26/2019 OHCS 11-2017, adopt filed 11/07/2017, effective 11/07/2017 OHCS 4-2017(Temp), f. & cert. ef. 6-20-17 thru 12-16-17
813-053-0090 Review by Subgrantee (1) Subgrantees must establish in writing a process satisfactory to OHCS that enables all potentially eligible households, having received ERA services or not, to contest a determination by the subgrantee or its subrecipients that either denies, limits, terminates, or modifies ERA services. (2) An aggrieved household may request formal review of a subgrantee’s or its subrecipients’ action (as described in subsection (1) above). The subgrantee must allow a minimum of 30 days, from the time of the requested review or the aggrieved household’s discovery of such action, for which an aggrieved household requests a review. The ultimate determination of an aggrieved household’s discovery period is reserved to OHCS, in its sole discretion. (3) A household remaining aggrieved after such review may request further review of the subgrantee by OHCS (see OAR 813-053-0080). (4) The subgrantee must inform OHCS and the aggrieved party in writing of any final review determination made by the subgrantee, and the basis for same, within 10 days of such final determination. (5) The subgrantee must comply with OHCS requests for all supporting documentation related to the grievance when a household exercises their right for an administrative review of the subgrantee or subrecipient’s decision (as described in subsection (3) above). Statutory/Other Authority: ORS 458.375 Statutes/Other Implemented: ORS 458.610, 458.620 & 458.650 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 2-2023, amend filed 03/01/2023, effective 03/01/2023 OHCS 36-2019, amend filed 11/26/2019, effective 11/26/2019 OHCS 10-2017, adopt filed 11/07/2017, effective 11/07/2017 OHCS 4-2017(Temp), f. & cert. ef. 6-20-17 thru 12-16-17
813-055-0001 Temporary rule language in effect until 03/02/2026. Purpose OAR chapter 813, division 55, is promulgated to carry out the allocation of monies deposited in the General Housing Account and to carry out the account’s purpose of meeting critical housing needs, building the organizational capacity of affordable housing partners throughout the state, and requiring equitable distribution of resources over time based on objective measures of need. Additional policies and instructions are outlined in the General Housing Account Program (GHAP) Manual dated October 2025 (the “GHAP Manual” or “Manual”), incorporated herein by reference. The Manual may be accessed online at the department’s website. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] 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 27-2023, amend filed 10/24/2023, effective 10/27/2023 OHCS 9-2023, temporary amend filed 04/26/2023, effective 04/27/2023 through 10/23/2023 OHCS 26-2022, temporary amend filed 10/17/2022, effective 10/17/2022 through 04/14/2023 OHCS 10-2018, minor correction filed 06/13/2018, effective 06/13/2018 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 37-2014, f. & cert. ef. 12-2-14 OHCS 28-2014(Temp), f & cert. ef. 6-5-14 thru 12-2-14 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
813-055-0010 Definitions Certain terms used in this division are defined in the Act, OAR 813-005-0005, and herein. Other terms may be identified in the text of this division (including by incorporation), otherwise in chapter 813, or applicable law. As used in this division: (1) "Indian", "Indian Tribe", "Native American" or "Native American Tribe" means federally recognized Native American tribes of Oregon, a tribally designated housing entity or housing authority within the tribe designated by the tribe to receive federal funds and administer its housing programs. (2) "Local Government" means as referenced in ORS 197.015 (3) “Low income” means individual or households whose income is at or above 50 percent and below 80 percent of the median family income for the area, subject to adjustment for areas with unusually high or low incomes or housing costs, all as determined by the Council based on information from the United States Department of Housing and Urban Development. (4) “Very low income” means individual or households whose income is at or below 50 percent of the median family income for the area, subject to adjustment for areas with unusually high or low incomes or housing costs, all as determined by the Council based on information from the United States Department of Housing and Urban Development. 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 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 8-2016, f. & cert. ef. 7-19-16 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