justicedao/ipfs_state_laws huggingface dataset:
813-041-0000 Purpose OAR 813 Division 41 accomplishes the general purposes of ORS 315.163 to 315.171 and describes the Agriculture Workforce Housing Tax Credit (AWHTC) Program. The purpose of the program is to encourage the rehabilitation of existing housing and the construction or placement of additional housing for agricultural workers, retired and disabled agricultural workers, and their immediate families. Statutory/Other Authority: ORS 315.167 - 315.171 & 458.650 Statutes/Other Implemented: ORS 315.167 History: OHCS 28-2024, amend filed 08/27/2024, effective 09/02/2024 OHCS 19-2024, temporary amend filed 05/31/2024, effective 05/31/2024 through 11/26/2024 OHCS 23-2020, amend filed 12/18/2020, effective 12/18/2020 OHCS 33-2014, f. & cert. ef. 10-9-14 OHCS 6-2010, f. & cert. ef. 6-10-10 OHCS 3-2009(Temp), f. & cert. ef. 12-15-09 thru 6-12-10 OHCS 8-2002, f. & cert. ef. 6-6-02 OHCS 1-2002(Temp), f. & cert. ef. 3-15-02 thru 6-10-02 OHCS 7-2001(Temp), f. & cert. ef. 12-13-01 thru 6-10-02
813-041-0006 Definitions Terms used throughout OAR chapter 813, division 041 may be defined in Oregon Revised Statute (ORS or statute), or in the Affordable Rental Housing Division Definitions (OAR 813-002-0010), or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions except as defined below. All words and terms used in OAR chapter 813, division 041 are as provided in statute, OAR 813-005-0005, or herein. As used in these rules: (1) “Construction costs” means expenses incurred creating or making a new structure; or altering, partially constructing, or repairing an existing structure. Construction costs include: (a) “Excavation costs” means expenses incurred in physically preparing a site for construction; (b) “Installation costs” means expenses incurred installing different systems, fixtures, and parts of the finished building including but not limited to plumbing, electrical, HVAC, windows, exterior sheathing, countertops, flooring, and interior trim and molding; (c) “Permit costs” means expenses incurred obtaining the necessary permits associated with construction of the project. (2) “Finance costs” means expenses incurred obtaining capital funds or credit for the project including interest charges and fees. (3) “Immediate family” means those persons the agricultural worker, including retired and disabled agricultural workers, considers their immediate family, and can include domestic partners, parents, and children whether biological, adoptive, or fostered. (4) “Land costs” means expenses incurred acquiring the building site, excluding the costs of any preexisting structures or improvements. (5) “Letter of Credit Approval” or “LOCA” means the OHCS-issued letter that grants the recipient of AWHTC Program credits the permission to use AWHTC to reduce their income tax burden as provided in statute. Statutory/Other Authority: ORS 315.163 - 315.171 Statutes/Other Implemented: ORS 315.163 History: OHCS 28-2024, amend filed 08/27/2024, effective 09/02/2024 OHCS 19-2024, temporary amend filed 05/31/2024, effective 05/31/2024 through 11/26/2024 OHCS 23-2020, amend filed 12/18/2020, effective 12/18/2020 OHCS 33-2014, f. & cert. ef. 10-9-14
813-041-0010 Program Description and Application Requirements (1) OHCS may allot AWHTC Program credits on an annual basis or on a biennial basis. Credits and awards of these credits are identified by the year OHCS makes reserves the credits for allocation. (2) A taxpayer or a contributor may obtain a Letter of Credit Approval (LOCA) from OHCS for the purpose of claiming an AWHTC Program credit by submitting an application and meeting the requirements described in OAR 813-041-0025. (3) The application must be submitted on the application form furnished or required by OHCS and must comply with all requirements established by OHCS. (4) To apply for the AWHTC Program credit for a specific year, a taxpayer or a contributor must file the application in a manner consistent with this section. (5) A taxpayer or a contributor is responsible for being informed of current application requirements for the program, including but not limited to information as provided by OHCS through its applicable solicitation for applications. (6) An application for AWHTC Program Credits for Community-Based projects must be submitted through the Oregon Centralized Application (ORCA) process. (7) Twenty percent of the total available biennial allocation of AWHTC Program Credits will be set aside for the acquisition, construction, installation, or rehabilitation of On-Farm housing units. (a) The On-Farm Set-Aside will be available for application on an annual basis, (b) This set-aside will be available to operators of agricultural enterprises to acquire, construct, install, or rehabilitate housing for agricultural workers who are employed on land zoned for agricultural use. (c) This set-aside will remain in place until the entire amount has been allocated or until September of that year's On-Farm Set-Aside AWHTC Program credit allocation. (8) An application for the On-Farm Set-Aside is filed with OHCS: (a) Upon receipt by OHCS staff if the application is mailed; (b) As of the date received when submitted electronically, provided the application charge is received by the date specified by OHCS. Statutory/Other Authority: ORS 315.167 - 315.171 & 458.650 Statutes/Other Implemented: ORS 315.167 History: OHCS 28-2024, amend filed 08/27/2024, effective 09/02/2024 OHCS 19-2024, temporary amend filed 05/31/2024, effective 05/31/2024 through 11/26/2024 OHCS 23-2020, amend filed 12/18/2020, effective 12/18/2020 OHCS 33-2014, f. & cert. ef. 10-9-14 OHCS 6-2010, f. & cert. ef. 6-10-10 OHCS 3-2009(Temp), f. & cert. ef. 12-15-09 thru 6-12-10 OHCS 8-2002, f. & cert. ef. 6-6-02 OHCS 1-2002(Temp), f. & cert. ef. 3-15-02 thru 6-10-02 OHCS 7-2001(Temp), f. & cert. ef. 12-13-01 thru 6-10-02
813-041-0020 Standby Applications (1) Qualifying applications not selected for a reservation of AWHTC Program credits in a particular year because the amount of available AWHTC Program credits has already been allocated will be put on a standby list for a potential allocation if any previously allocated AWHTC Program credits become available. (2) If an application is declined by OHCS as not qualifying for further evaluation solely because the estimated eligible costs, when aggregated with the estimated eligible costs of all projects approved to that date for the calendar year, exceed the limitation on the total of estimated eligible costs under ORS 315.167, the applicant may: (a) Request a reduction of the estimated eligible costs for the project to an amount that, when aggregated with the estimated eligible costs of all projects approved to that date for the calendar year, would not exceed the limitation; or (b) Request that OHCS place the taxpayer on a standby list for future possible eligibility. (3) Applications on a standby list under this rule will be held in such priority as OHCS determines to be appropriate considering factors including, but not limited to those listed in OAR 813-041-0015, above. (4) OHCS may, at its discretion, select and process a standby application whenever OHCS determines that AWHTC Program credits are available for funding the application. The applicant may update the application as needed within the time provided by OHCS. (5) All outstanding standby applications expire on December 31 of the calendar year of their filing. Statutory/Other Authority: ORS 315.163 - 315.171 & 456.555 Statutes/Other Implemented: ORS 315.163 - 315.169 History: OHCS 28-2024, amend filed 08/27/2024, effective 09/02/2024 OHCS 19-2024, temporary amend filed 05/31/2024, effective 05/31/2024 through 11/26/2024 OHCS 23-2020, amend filed 12/18/2020, effective 12/18/2020 OHCS 33-2014, f. & cert. ef. 10-9-14 OHCS 16-2010, f. & cert. ef. 12-15-10 OHCS 8-2010(Temp), f. & cert. ef. 6-17-10 thru 12-13-10 OHCS 6-2010, f. & cert. ef. 6-10-10 OHCS 3-2009(Temp), f. & cert. ef. 12-15-09 thru 6-12-10 OHCS 8-2002, f. & cert. ef. 6-6-02 OHCS 1-2002(Temp), f. & cert. ef. 3-15-02 thru 6-10-02 OHCS 7-2001(Temp), f. & cert. ef. 12-13-01 thru 6-10-02
813-041-0026 Requirements for Obtaining a Letter of Credit Approval (1) After issuance of a reservation letter for AWHTC Program credits and satisfactory completion of reservation requirements by applicant, OHCS will issue of a Letter of Credit Approval (LOCA). The LOCA amount cannot exceed fifty percent (50%) of final eligible costs of the project. If final eligible costs do not support the AWHTC Program credit amount in the reservation letter, the AWHTC Program credit award will be reduced from the amount requested to the minimum amount required to make the project financially viable (as determined by OHCS) (2) OHCS will release a Letter of Credit Approval (LOCA) provided the taxpayer or contributor has met the following criteria: (a) OHCS has issued a reservation of AWHTC; (b) The local planning authority has issued a Certificate of Occupancy or similar official declaration that the project is ready for residents; and (c) OHCS has verified final eligible costs for the project. Statutory/Other Authority: ORS 315.167 - 315.171 & 456.555 Statutes/Other Implemented: ORS 315.167 History: OHCS 28-2024, amend filed 08/27/2024, effective 09/02/2024 OHCS 19-2024, temporary amend filed 05/31/2024, effective 05/31/2024 through 11/26/2024 OHCS 23-2020, adopt filed 12/18/2020, effective 12/18/2020
813-041-0027 Charges, Annual Certification, and Compliance Monitoring (1) OHCS may assess, and the assessed applicant or other applicable party will pay, such charges as OHCS determines appropriate for reviewing an application and for issuance of a LOCA. (2) OHCS may assess, and the applicant, owner, operator, or other applicable party will pay, such charges as OHCS determines appropriate from time to time for its monitoring of the project for compliance with program requirements and/or enforcement of appropriate program compliance, including but not limited to: (a) Meeting appropriate construction and maintenance standards, and (b) Satisfying and documenting applicable affordability compliance. (3) All recipients of AWHTC are required to fill out and submit an annual certification form provided by OHCS to certify that all units set aside for the exclusive use of agricultural workers continue to be inhabited by agricultural workers. (4) If, after OHCS has issued the Letter of Credit Approval (LOCA) and during the 10-year compliance term, OHCS finds the project is out of compliance with any of the program requirements, OHCS may take one or more of the following actions: (a) Notify Oregon Department of Revenue, (b) Notify Oregon Occupational Safety and Health Administration, (c) Allow the project to address the issue to come back into compliance, (d) Suspend any remaining tax credits, or (e) Revoke any remaining tax credits. (5) All projects will need to further certify their continued compliance with state fair housing laws. (6) The direct recipient of the tax credit may apply to OHCS for a waiver of the remaining compliance period after five years. Among the factors OHCS may consider in granting or denying a waiver are: (a) They provide documentation, confirmed by OHCS, showing consistent compliance with program requirements for the preceding five-year period, (b) They provide further documentation of a declining trend in the demand for agriculture workforce housing within a relevant area and evidence of the taxpayer or contributor’s inability to fill the agriculture workforce units despite reasonable efforts to do so, (c) There is documented loss of financial feasibility of the agriculture workforce housing that cannot be corrected, or (d) The condition of the agriculture workforce housing has degraded through no fault of the taxpayer or contributor. Statutory/Other Authority: ORS 315-163 - 315.171 Statutes/Other Implemented: ORS 315.163 - 315.171 History: OHCS 28-2024, amend filed 08/27/2024, effective 09/02/2024 OHCS 19-2024, temporary amend filed 05/31/2024, effective 05/31/2024 through 11/26/2024 OHCS 23-2020, amend filed 12/18/2020, effective 12/18/2020 OHCS 33-2014, f. & cert. ef. 10-9-14 OHCS 6-2010, f. & cert. ef. 6-10-10 OHCS 3-2009(Temp), f. & cert. ef. 12-15-09 thru 6-12-10
813-042-0000 Purpose and Objectives The rules of OAR chapter 813, division 42, are established to administer ORS 456.515 to 456.720 and 458.600 to 458.630, which authorize 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, farmworkers and Native Americans. These rules describe the Housing Development Grant Program and its objective to provide grants and/or low-interest loans to construct new housing or to acquire and/or rehabilitate existing structures for housing persons of low and/or very-low income. 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
813-042-0010 Definitions All terms are used in OAR 813, division 042, as defined in the Act and as provided in 813-005-0005 and herein. As used in these rules, unless the context indicates otherwise: (1) "Account" means the Housing Development and Guarantee Account. (2) "Consolidated Plan" means the plan approved by the U.S. Department of Housing and Urban Development (HUD) which describes the needs, resources, priorities and proposed activities to be undertaken with respect to HUD programs. (3) "Council" means the State Housing Council established in ORS 456.567. (4) "Department" means Oregon Housing and Community Services Department. (5) "Disabled Person" means a person who has a physical or mental impairment that substantially limits one or more Major Life Activity. (6) "In-Kind Contribution" means a supportive project contribution other than cash. In-Kind Contributions include, but are not limited to, office equipment, working space, office supplies, staff time, telephone, support staff time, auto use, donated project materials or labor, and nonBoard volunteer time. (7) "Affordability Period" means the period during which a project assisted with HDGP funds must remain affordable to Low and Very Low Income residents. The period shall be at least 25 years from the date of the Project Use Agreement. (8) “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. (9) "Major Life Activity" includes, but is not limited to, self-care, ambulation, communication, transportation, education, socialization, employment and ability to acquire, rent or maintain property. (10) "Organization" means a: (a) Nonprofit corporation established under ORS chapter 65; (b) Housing authority established under ORS 456.055 to 456.230; or (c) Local government as defined in ORS 197.015. (11) "Use Agreement" means the Project Use Agreement, which is a legal agreement between the grantee or borrower receiving Housing Development Grant Program funds and the Department. (12) “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 456.515 - 456.720 & 458.600 - 458.630 Statutes/Other Implemented: ORS 456.555 History: OHCS 8-2016, f. & cert. ef. 7-19-16 OHCS 7-2007, f. & cert. ef. 1-11-07 OHCS 14-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
813-042-0020 Eligibility for Housing Development Grant Program Funds The Department shall provide grants and/or loans from Account revenue subject to the availability of funds and limitations otherwise prescribed by law for any or all of the following purposes: (1) To organizations and for-profit business entities to construct new housing or to acquire and/or rehabilitate existing structures for housing low- and/or very-low income households. (2) To nonprofit organizations, as set forth in ORS 458.210 to 458.240 to provide technical assistance and/or predevelopment costs. Predevelopment costs include, but are not limited to, site acquisition, architectural services and project consultants. Predevelopment costs do not include costs described in subsection (3) of this rule. (3) For costs to develop, nonprofit organizations that show sufficient evidence of having strong community support and a strong likelihood of producing low- and very-low income housing. No account funds shall be used by an organization for its general operations. (4) To match public and private moneys available from other sources for the purposes of production of low- and very-low income housing. 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
813-042-0030 Distribution of Funds (1) The Department shall develop a distribution formula which takes into account the relative housing needs of regions in the state, and shall concentrate funds in those areas of the state with the greatest need for low- and very-low income housing as may be evidenced by factors including, but not limited to, the unmet housing need, extent of overcrowding or number of poverty households. (2) The distribution formula shall provide for a minimum amount of funds to regions of the state. If there are not enough applications submitted from a particular region to use the minimum regional amount, the funds may be distributed to other regions. Statutory/Other Authority: ORS 456.515 - 456.720 & 458.600 - 458.630 Statutes/Other Implemented: ORS 456.555 History: OHCS 2-2011, f. & cert. ef. 2-17-11 OHCS 12-2010(Temp), f. & cert. ef. 8-24-10 thru 2-18-11 OHCS 7-2007, f. & cert. ef. 1-11-07 OHCS 14-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
813-042-0040 Application Procedure and Requirements The Department may provide grant and/or loan funds subject to the availability of funds in the Program through a process which may include, but is not limited to, a first-come, first-reviewed or a competitive review process. The applicant shall submit, in an application form and process prescribed by the Department, project information which includes: (1) A written description of the project including the number of units, unit mix, proposed rents, site location, the proposed program of services to occupants, project amenities, and any other information pertinent to the project; (2) A statement of project purpose indicating the housing type and residents to be housed, and the length of time the units will be committed available for low- or very-low income households. (3) A pro forma of project expenses and income; (4) Requested amount of grant funds, or requested amount of loan funds including proposed terms of repayment. (5) Total project development costs, including a description of all additional project funding and funding sources; (6) A description of the sponsor/developer/owner/manager experience in developing and operating housing projects; and (7) Such other documentation as the Department may require. 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
813-042-0050 Criteria for Funding (1) A project grant and/or loan shall be given preference based on: (a) Providing the greatest number of low- and very-low income housing units for the least amount of Account funds expended or committed toward matching fund from other loans, grants or eligible In-Kind Contributions. (b) Insuring the longest possible use as low- or very-low income housing units; (c) Including a program of services for residents of proposed housing including, but not limited to, programs that address home health care, mental health services, alcohol and drug treatment and post-treatment care, child care and case management; and (d) Other subordinate criteria as determined by the Department including, but not limited to, providing housing for specific populations which have historically faced barriers in finding housing, and which are identified as having a priority in the Consolidated Plan or its successor, or in a state-acknowledged initiative. (2) Funding 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 grant and/or loan application. The Department, at its discretion, may require repayment of the funding if all or part of the commitments to residents, supportive services, or period of use for low- or very-low income housing are withdrawn from the project. (3) Terms and conditions of the award shall be established in a Project Use Agreement, remain affordable to low and very low income residents during the Affordability Period and be recorded against the property. Loan terms and conditions shall be established in an additional Promissory Note, Loan Agreement and secured by a Trust Deed. (a) The Use Agreement, Trust Deed, Loan Agreement and Promissory Note must be executed and the Use Agreement with the Trust Deed must be recorded before funds are advanced, in whole or in part, unless the Applicant does not own the property at the time of fund disbursement. (b) If the applicant does not own the property at the time of fund disbursement, the Applicant will be required to open an escrow account and have the Use Agreement with Trust Deed placed in escrow and recorded immediately upon obtaining title to the property. (4) Loans disbursed from account investment revenue shall bear an interest rate equal to the interest rate paid on U.S. Treasury long-term obligations in effect on the date the loan is negotiated as identified by the Department. (5) At least 75 percent of the revenue earned from investment of the principal in the Account in any calendar year shall be used to produce housing for very-low income persons, and no more than 25 percent of the revenue earned from investment of the principal in any calendar year shall be used to produce housing for low-income households. 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