justicedao/ipfs_state_laws huggingface dataset:
813-240-0020 Applicant Eligibility (1) SHAP services shall be made available to households who are houseless, sheltered or unsheltered and who meet eligibility requirements as outlined in the SHF Manual. (2) Income limitations and U.S. citizenship of household members shall not be considered as eligibility criterion. (3) Specific requirements and documentation to provide proof of eligibility for SHAP services are detailed in the SHF Manual. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.620 & 458.650 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 34-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 13-2019, minor correction filed 07/03/2019, effective 07/03/2019 OHCS 17-2015, f. & cert. ef. 8-25-15 OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 6-2002, f. & cert. ef. 5-15-02 OHCS 4-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02 HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 461-100-0010 AFS 65-1985, f. & cert. ef. 11-5-85
813-240-0035 Use of Funds (1) Use of SHAP funds must be in compliance with SHAP requirements for eligible households. (2) To the extent of available funding, eligible SHAP services include, but are not limited to: (a) Street outreach; (b) Emergency shelter operations; (c) Shelter facilities rehabilitation, renovation or conversion; and (d) Rapid rehousing. (3) SHAP funds may be used to supplement existing funds or to support existing programs according to SHAP requirements. Subgrantees shall not use SHAP funds, granted or otherwise awarded, to replace funds currently being received from other sources, available or reasonably expected to be available to the subgrantee. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.620 & 458.650 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 34-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 2-2019, amend filed 04/22/2019, effective 04/22/2019 Renumbered from 813-240-0015, OHCS 17-2015, f. & cert. ef. 8-25-15 OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 12-2014, f. & cert. ef. 1-27-14, Renumbered from 813-240-0030 OHCS 6-2002, f. & cert. ef. 5-15-02 HSG 10-1993, f. & cert. ef. 10-1-93 HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 461-100-0015 AFS 65-1985, f. & cert. ef. 11-5-85
813-240-0041 Application for Funding; Funding agreement (1) Prior to providing any SHAP 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 SHAP 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 SHAP 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 SHAP requirements and any other standards, goals, and requirements established by OHCS. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.620 & 458.650 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 34-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 17-2015, f. & cert. ef. 8-25-15 OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 6-2002, f. & cert. ef. 5-15-02 OHCS 4-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02
813-240-0050 Recordkeeping and Compliance Monitoring (1) Subgrantees and their subrecipients must maintain accurate financial records satisfactory to OHCS and consistent with SHAP requirements, which document the receipt and disbursement of all SHAP 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 SHAP records satisfactory to OHCS and consistent with SHAP requirements, which include, but are not limited to, documentation of household eligibility, receipt of allowable SHAP 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 SHAP requirements and as requested by OHCS. (4) To ensure proper compliance and monitoring of SHAP, 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 SHAP, 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 SHAP records and data according to SHAP 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 SHAP 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 SHAP 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: ORS 458.620 & 458.650 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 34-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 17-2015, f. & cert. ef. 8-25-15 OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 6-2002, f. & cert. ef. 5-15-02 OHCS 4-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02 HSG 10-1993, f. & cert. ef. 10-1-93 HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 461-100-0025 AFS 37-1988, f. 5-12-88, cert. ef. 5-12-88 AFS 65-1985, f. & cert. ef. 11-5-85
813-240-0060 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 SHAP 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 SHAP 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 SHAP requirements, at law or otherwise. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.620 & 458.650 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 34-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 12-2019, minor correction filed 07/03/2019, effective 07/03/2019 OHCS 17-2015, f. & cert. ef. 8-25-15 OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 6-2002, f. & cert. ef. 5-15-02 OHCS 4-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02 HSG 10-1993, f. & cert. ef. 10-1-93 HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 461-100-0030 AFS 65-1985, f. & cert. ef. 11-5-85
813-240-0070 Challenge of Subgrantee Action (1) Any household aggrieved by a subgrantee administering or providing SHAP services may challenge the subgrantee's action by entering the subgrantee's administrative review process (see OAR 813-240-0080). 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: ORS 458.620 & 458.650 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 34-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 17-2015, f. & cert. ef. 8-25-15 OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 6-2002, f. & cert. ef. 5-15-02 OHCS 4-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02
813-240-0080 Review by Subgrantee (1) Subgrantees must establish in writing a process satisfactory to OHCS that enables all potentially eligible households, having received SHAP services or not, to contest a determination by the subgrantee or its subrecipients that either denies, limits, terminates, or modifies SHAP services. (2) An aggrieved household may request a formal review of a subgrantee’s or its subrecipients’ contested 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 requesta 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 of a contested action may request further review of the subgrantee by OHCS (see OAR 813-240-0070). (4) The subgrantee must inform OHCS and the aggrieved party in writing of any final administrative 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: 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 34-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 17-2015, f. & cert. ef. 8-25-15 OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 6-2002, f. & cert. ef. 5-15-02 OHCS 4-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02
813-245-0000 Purpose and Objectives The purpose of OAR chapter 813, division 245 of the administrative rules is to implement the Long-Term Rent Assistance (LTRA) Program. Funding for LTRA comes from legislatively allocated state general funds. Oregon Housing and Community Services (OHCS) is designated as the state agency responsible for administering state and federal antipoverty programs in Oregon. The purpose of LTRA is to provide rental subsidy and supportive services to eligible households to increase housing access and long-term housing stability for people exiting homelessness. Statutory/Other Authority: Executive Order 23-02, ORS 456.555 & Executive Order 24-02 Statutes/Other Implemented: Executive Order 23-02, HB 5019 (2023), SB 5511 (2023) & Executive Order 24-02 History: OHCS 23-2024, adopt filed 06/21/2024, effective 06/21/2024
813-245-0010 Definitions Terms used throughout this division 813-245 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) “Equity and racial justice” means racial equity is achieved if a person's racial identity is no longer predictive, in a statistical sense, of disparate housing, economic, and health outcomes; instead, outcomes for all racial groups are improved. Racial equity includes addressing root causes of inequities. (2) "Homelessness" means an individual, family or household that lacks a fixed, regular, and/or adequate nighttime residence in accordance with department categorical definitions (as included in the LTRA Guidance). (3) “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. (4) "Long-Term Rent Assistance" or “LTRA” means the Long-Term Rent Assistance Program administered by OHCS pursuant to this division of rules and other applicable law. (5) “LTRA administrator” means the entity who is responsible for administering the housing assistance payments, including rental assistance, entering into contracts with landlords, conducting habitability assessments, and outlining rental assistance programmatic expectations. (6) “LTRA guidance” or “guidance” means the Long-Term Rent Assistance Guidance Manual, as described in OAR 813-245-0020. (7) “LTRA requirements” means these administrative rules; all funding agreement terms and conditions; OHCS directives (including deficiency notices); the LTRA Guidance requirements; and applicable state, local and federal laws, and requirements. (8) “LTRA supportive services” means services as defined in the LTRA Guidance, which are allowable expenses with LTRA funding and as described in OAR 813-245-0050. Statutory/Other Authority: Executive Order 23-02, ORS 456.555 & Executive Order 24-02 Statutes/Other Implemented: Executive Order 23-02, HB 5019 (2023), SB 5511 (2023) & Executive Order 24-02 History: OHCS 23-2024, adopt filed 06/21/2024, effective 06/21/2024
813-245-0020 Guidance The Long-Term Rent Assistance Guidance Manual (LTRA Guidance) with the requirements and standards therein, dated February 2024 is incorporated into and adopted as part of this division of the department's administrative rules. The LTRA Guidance 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: Executive Order 23-02, ORS 456.555 & Executive Order 24-02 Statutes/Other Implemented: Executive Order 23-02, HB 5019 (2023), SB 5511 (2023) & Executive Order 24-02 History: OHCS 23-2024, adopt filed 06/21/2024, effective 06/21/2024
813-245-0030 Administration (1) OHCS may contract with grantees to provide eligible LTRA services (see OAR 813-245-0050) in service areas in such manner to provide holistic coverage statewide without duplication or overlap of services. (2) OHCS will allocate LTRA funds to all grantees through a collaborative approach that includes information submitted by the LTRA Community Plans and 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 to ensure funding is distributed where funds are needed most to stabilize and sustain households who are experiencing homelessness. (3) A grantee may establish subrecipients to provide eligible LTRA services in the service area. (4) Grantees shall, at a minimum, provide LTRA services established in the use of funds (see OAR 813-245-0050) to eligible households. LTRA requirements are established in the grant agreements between the department and the grantee. Whenever appropriate, grantees and subrecipients may assist eligible households in accessing other services designed to stabilize housing. (5) A designated portion of the LTRA funds is identified for use associated with developing the LTRA Community Plan. Grantees and their subrecipients may expend up to a determined amount as authorized by OHCS and outlined in the funding agreement. Statutory/Other Authority: Executive Order 23-02, ORS 456.555 & Executive Order 24-02 Statutes/Other Implemented: Executive Order 23-02, HB 5019 (2023), SB 5511 (2023) & Executive Order 24-02 History: OHCS 23-2024, adopt filed 06/21/2024, effective 06/21/2024
813-245-0040 Applicant Eligibility (1) LTRA services shall be made available to prioritize the Oregon households that have been rehoused under Executive Order 23-02 and funded by House Bill 5019 (2023), who meet eligibility requirements as outlined in the LTRA Guidance Manual. (2) Status of U.S. citizenship shall not be considered as an eligibility criterion for the LTRA Program. (3) Specific requirements and documentation to provide proof of eligibility for LTRA services are detailed in the LTRA Guidance. Statutory/Other Authority: Executive Order 23-02, ORS 456.555 & Executive Order 24-02 Statutes/Other Implemented: Executive Order 23-02, HB 5019 (2023), SB 5511 (2023) & Executive Order 24-02 History: OHCS 23-2024, adopt filed 06/21/2024, effective 06/21/2024
813-245-0050 Use of Funds (1) Use of LTRA funds must be in compliance with LTRA requirements for eligible households. (2) To the extent of available funding, eligible LTRA services include, but are not limited to: (a) Capacity building and planning; (b) Landlord partnership; (c) Outreach; (d) Rent assistance; and (e) Support services. (3) LTRA funds may be used to supplement existing funds or to support existing programs or establish new programs. Grantees shall not use LTRA funds, granted or otherwise awarded, to replace funds currently being received from other sources, available or reasonably expected to be available to the grantee. Statutory/Other Authority: Executive Order 23-02, ORS 456.555 & Executive Order 24-02 Statutes/Other Implemented: Executive Order 23-02, HB 5019 (2023), SB 5511 (2023) & Executive Order 24-02 History: OHCS 23-2024, adopt filed 06/21/2024, effective 06/21/2024
813-245-0060 Application for Funding (1) Prior to providing any LTRA services using OHCS funding, grantees must submit an application for funding, including their proposed Community Plan and budget, to OHCS. A funding agreement must be approved by OHCS in writing before being operative. (2) Applications for funding, including the proposed Community Plan and budget, must meet all requirements of form and content as established by OHCS. At a minimum, applications must include a grantee’s proposed activities for eligible households, anticipated expenditures, and any other information as OHCS may require specific to LTRA funding. Grantees must adhere to OHCS requirements and deadlines for submitting plans. An application is subject to approval, with or without modifications, or disapproval by OHCS. (3) OHCS will evaluate grantees' applications, including their proposed Community Plans and budgets, for 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 grantee’s compliance with all LTRA requirements and any other standards, goals, and requirements established by OHCS. Statutory/Other Authority: Executive Order 23-02, ORS 456.555 & Executive Order 24-02 Statutes/Other Implemented: Executive Order 23-02, HB 5019 (2023), SB 5511 (2023) & Executive Order 24-02 History: OHCS 23-2024, adopt filed 06/21/2024, effective 06/21/2024