justicedao/ipfs_state_laws huggingface dataset:
813-051-0020 Administration (1) OHCS may contract with subgrantees to provide eligible HSP services (see OAR 813-051-0040) in service areas in such manner to provide holistic coverage statewide without duplication or overlap of services. (2) OHCS will allocate HSP 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 establish subrecipients that meet the requirements of ORS 458.610(6) to provide eligible HSP services in the subgrantee’s service area. (4) Subgrantees shall, at a minimum, provide HSP services to eligible applicants or households that meet HSP requirements. Whenever appropriate, subgrantees may assist eligible households in accessing other services designed to stabilize housing. (5) Subgrantee representatives must attend and participate in HSP-related training made available or conducted by OHCS, when required. (6) A designated portion of HSP 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. (7) Subgrantees must collaborate with their local Department of Human Services (DHS) field office(s) and develop a referral process for the purpose of identifying eligible family households, submitted with the funding application and requiring approval by OHCS, in writing. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: 45 CFR 260-265 & ORS 458.610 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 32-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 10-2015, f. & cert. ef. 8-25-15 OHCS 15-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 4-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 4-2002, f. & cert. ef. 5-15-02 OHCS 6-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02
813-051-0030 Applicant Eligibility (1) HSP services shall be made available to family households who are receipients of Temporary Assistance for Needy Families (TANF) federal grant funds and are residents of Oregon. (2) Specific requirements and documentation to provide proof of eligibility for HSP services are detailed in the HSP Manual. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: 45 CFR 260-265 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 32-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 22-2019, minor correction filed 07/03/2019, effective 07/03/2019 OHCS 10-2015, f. & cert. ef. 8-25-15 OHCS 15-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 4-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 4-2002, f. & cert. ef. 5-15-02 OHCS 6-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02
813-051-0040 Use of Funds (1) Use of HSP funds must be in compliance with HSP requirements for eligible family households. (2) To the extent of available funding, eligible HSP services include, but are not limited to: (a) Housing costs; and (b) Program delivery. (3) Subgrantees will supplement the program by providing maintenance of effort. OHCS reserves the right to establish the amount of maintenance of effort required for the subgrantees to provide. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: 45 CFR 260-265 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 32-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 10-2015, f. & cert. ef. 8-25-15 OHCS 15-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 4-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 4-2002, f. & cert. ef. 5-15-02 OHCS 6-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02
813-051-0050 Application for Funding; Funding Agreement (1) Prior to providing any HSP 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 HSP 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 HSP 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 HSP requirements and any other standards, goals, and requirements established by OHCS. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: 45 CFR 260-265 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 32-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 10-2015, f. & cert. ef. 8-25-15 OHCS 15-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 4-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 4-2002, f. & cert. ef. 5-15-02 OHCS 6-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02
813-051-0060 Recordkeeping and Compliance Monitoring (1) Subgrantees and their subrecipients must maintain accurate financial records satisfactory to OHCS and consistent with HSP requirements, which document the receipt and disbursement of all HSP 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 HSP records satisfactory to OHCS and consistent with HSP requirements, which include, but are not limited to, documentation of household eligibility, receipt of allowable HSP 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 HSP requirements and as requested by OHCS. (4) To ensure proper compliance and monitoring of HSP, subgrantees and their subrecipients must: (a) Furnish representatives of OHCS, the Oregon Secretary of State's Office, Oregon Depatment of Human Services, 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 HSP, 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, Oregon Department of Human Services, the federal government, and their duly authorized representatives. (c) Retain and keep accessible all HSP records and data according to HSP 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 HSP 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 HSP requirements including, but not limited to, recordkeeping and retention of records and OHCS compliance monitoring and enforcement. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: 45 CFR 260-265 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 32-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 10-2015, f. & cert. ef. 8-25-15 OHCS 15-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 4-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 4-2002, f. & cert. ef. 5-15-02 OHCS 6-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02
813-051-0070 Remedies (1) OHCS reserves the right to identify deficiencies in the performance of any subgrantee or their subrecipients discovered during program 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 payments 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 HSP funding. (2) To remedy any identified deficiencies, OHCS: (a) May issue a deficiency notice notifying a subgrantee of deficiencies identified 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 HSP 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 HSP requirements, at law or otherwise. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: 45 CFR 260-265 & ORS 458.505 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 32-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 21-2019, minor correction filed 07/03/2019, effective 07/03/2019 OHCS 10-2015, f. & cert. ef. 8-25-15 OHCS 15-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 4-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 4-2002, f. & cert. ef. 5-15-02 OHCS 6-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02
813-051-0080 Challenge of Subgrantee Action (1) Any household aggrieved by a subgrantee administering or providing HSP services may challenge the subgrantee's action by entering the subgrantee's administrative review process (see OAR 813-051-0090). 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 456.555 Statutes/Other Implemented: 45 CFR 260-265 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 32-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 10-2015, f. & cert. ef. 8-25-15 OHCS 15-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 4-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 4-2002, f. & cert. ef. 5-15-02 OHCS 6-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02
813-051-0090 Review by Subgrantee (1) Subgrantees must establish in writing a process satisfactory to OHCS that enables all potentially eligible households, having received HSP services or not, to contest a determination by the subgrantee or its subrecipients that either denies, limits, terminates, or modifies HSP services. (2) An aggrieved household may request a 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 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's actions by OHCS (see OAR 813-051-0080). (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 456.555 Statutes/Other Implemented: 45 CFR 260-265 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 32-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 10-2015, f. & cert. ef. 8-25-15 OHCS 15-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 4-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 4-2002, f. & cert. ef. 5-15-02 OHCS 6-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02
813-052-0000 General Purpose The rules of OAR 813, division 52 establish and implement the Homeownership Development Incubator Program (HDIP), the purpose of which is to provide grants and low-interest loans to create new homeownership opportunities for Oregonians. 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
813-052-0005 Definitions The following definitions and those in ORS Chapters 456 and 458 apply to OAR Chapter 813, unless the context indicates otherwise, or the term is otherwise defined in a subsequent division: (1) "Affordability Period" means the period during which a project assisted with HDIP funds must remain affordable to low to moderate income residents. (2) "Capacity Building Grant" means a grant that is used to increase or broaden an entity’s capacity to meet the housing needs of its service area. (3) “Native American Tribe” or “Indian Tribe” (“Tribe”) means a federally recognized Indian tribe in Oregon, as defined in ORS 182.162. 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
813-052-0010 Eligibility for Homeownership Development Incubator Program Funds (1) The department may distribute HDIP program funds consistent with OAR chapter 813 pursuant to relevant solicitation documents including, but not limited to a Notice of Funding Availability (“NOFA”) or as otherwise determined by the department. Funding may take the form of a grant, loan or otherwise as the department determines necessary or appropriate, for financing assistance with respect to the development or rehabilitation of affordable homes for purchase. (2) Subject to the limitations of any specific solicitation or distribution, any of the following entities may apply for HDIP funding with respect to the financing of affordable homes: (a) A nonprofit corporation established under ORS chapter 65; (b) A housing authority established under ORS 456.055 to 456.235; (c) A local government as defined in ORS 197.015; (d) A for-profit entity; or (e) A Native American tribe, as defined in ORS 182.162 (3) Subject to the limitations of any specific solicitation or distribution, any entity including, but not limited to those identified in subsection (2) is eligible to apply for HDIP assistance to: (a) enhance their capacity to develop affordable homeownership opportunities throughout Oregon; (b) build affordable homes for purchase; (c) convert existing structures into affordable homes for purchase; and (d) other eligible uses that expand homeownership opportunities for Oregonians as specified in the solicitation. 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
813-052-0020 Application Procedures (1) The department may require payment of a non-refundable application charge from any applicant requesting HDIP funds through a formal solicitation or otherwise. (2) The department may require payment of other charges with respect to its reasonably anticipated costs in processing applications, coordinating programs or with other project participants, providing funding, negotiating documents, monitoring compliance, evaluating and documenting transfers, or otherwise. The department may require payment of a supplemental application charge from applicants requesting additional resources for projects that have already been funded by the department. (3) The department may refuse to process applications or terminate processing if it determines an application to be incomplete or that it fails to satisfy threshold standards for further processing. (4) An applicant shall submit to the department, on the application form and in accordance with the application process prescribed by the department, such information as the department may require, including but not limited to: (a) The name, address and telephone number of applicant; (b) The type of assistance requested; (c) A written description of the project, including the number of units, site location, amenities, and any other information requested by the department. (d) A pro forma of project income and expenses; (e) The amount of funding requested and total project costs, including a description and documentation of all project funding sources and uses; (f) A narrative of the applicant's experience in developing affordable housing, including the experience of all members of the project development team; (g) A description of the applicant's readiness to proceed with project activities; (h) A schedule for completion of project activities; (i) A description of planned and/or completed outreach to communities that are under-represented as homeowners within Oregon to ensure they are aware of the new homeownership opportunities created by the project. (5) The department may restrict the amount and/or type of assistance available in any solicitation or other provision of assistance and restrict the type or number of applicants or recipients eligible for assistance in a particular funding process. (6) If the Department receives applications in an amount greater than the amount of funds available, the Department shall select those applications which, in the judgment of the Department, best achieve the purposes of the Homeownership Development Incubator Program. 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
813-052-0030 Application Review (1) An application for assistance from the HDIP program is subject to the department’s evaluation and approval, disapproval or modification according to criteria in the solicitation documents or otherwise that may include, but are not limited to the following: (a) The amount of available funds; (b) The availability of other sources of assistance; (c) The applicant's efforts to leverage other public or private funds; (d) Whether the project is financially feasible and the financial strength and history of the prospective recipient; (e) The location of the project site; (f) Availability of street, sewer, water, utilities and other public services; (g) Architectural design, including aesthetic quality, soundness of construction, energy efficiency, and suitability to the needs of the potential homeowners; (h) Compliance with OHCS construction standards, land use regulations, housing codes and other applicable standards; (i) The target community to be served; (j) The experience of the developer, contractors, architects, consultants and management agent in developing, constructing housing projects; (k) The department's experience with and the reputation, experience, capacity and legal history and status of the applicant and its agents, representatives, employees and contractors; (l) Whether the project in comparison to others best achieves the purposes of the HDIP program; (m) Other factors that the department determines to be relevant including, but not limited to any evaluation criteria in the solicitation documents. (2) If the department approves an application in whole or in part and if the amount of the HDIP assistance meets or exceeds the threshold amount established in OAR 813-001-0007(1) for review by the Housing Stability Council, the approval of HDIP assistance by the department is subject to review and approval by the council. The council may approve, deny, modify or further condition funding subject to its review. Based upon any relevant council determination, approval of HDIP funding may be deemed revoked, or be modified and further conditioned. 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