justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 458 — Housing and Community

ORS 458.658. Assistance for organizations supporting homeownership for persons of color. (1) The Housing and Community Services Department, in consultation with the Oregon Housing Stability Council, shall provide grants and technical assistance to organizations that, in working with households with income at or below area median income, attempt to increase access for persons of color to programs and services that assist with homeownership, including counseling, financial literacy, post-purchase counseling and down payment assistance. (2) Technical assistance and grants provided to organizations under this section should prioritize organizations that have an identified commitment and capacity to: (a) Provide services to persons of color through services that incorporate the cultural values of the persons communities; (b) Support or expand culturally specific homeownership counseling and education programs for those populations with disparities in homeownership; (c) Leverage partnerships with the private sector, credit unions or other financial institutions; (d) Leverage funding from other nonprofit sources; or (e) Identify and use best practices in establishing course content guidelines and in exploring ways to systematically deliver certain services, including language access, program materials and counseling, to both increase service availability and reduce costs to individual providers, especially in rural areas.
ORS Chapter 458 — Housing and Community

ORS 458.660. Agricultural Worker Housing Development Account. (1) Except as provided in subsection (2) of this section, the Housing and Community Services Department shall disburse the moneys credited to the Agricultural Worker Housing Development Account to expand this states supply of housing for low and very low income agricultural workers. (2) The department may expend funds from the account for administration of the account as provided for in the legislatively approved budget, as that term is defined in ORS 291.002, for the department.
ORS Chapter 458 — Housing and Community

ORS 458.665. General Housing Account; rules. (1) The Housing and Community Services Department shall administer the General Housing Account. (2) The department shall disburse moneys credited to the account to accomplish the purposes described in ORS 456.515 to 456.725, except that 25 percent of moneys deposited in the account pursuant to ORS 294.187 is dedicated for expenditure to meet the critical housing needs of veterans in this state. (3) The department may disburse moneys in the account by contract, grant, loan or otherwise as the department determines necessary. (4) The department may set interest rates on loans made with moneys in the account. (5) The department shall establish guidelines for the types of loans financed with moneys in the account by rule. (6) The department may use moneys in the account to pay allowable administrative expenses incurred under ORS 456.515 to 456.725. (7) The department may, in the directors discretion, return moneys received for deposit in the account to the original source of the moneys. (8) The department may accept moneys for deposit in the account pursuant to ORS
ORS Chapter 458 — Housing and Community

ORS 458.667. [2015 c.737 1; 2017 c.661 1; repealed by 2020 s.s.2 c.10 40 and 2023 c.435 6] INDIVIDUAL DEVELOPMENT ACCOUNTS
ORS Chapter 458 — Housing and Community

ORS 458.670. Definitions for ORS 458.670 to 458.700. As used in this section and ORS 458.675 to 458.700, unless the context requires otherwise: (1) Account holder means a resident of this state who: (a) Is 12 years of age or older; (b) Is a member of a lower income household; and (c) Has established an individual development account with a fiduciary organization. (2) Fiduciary organization means an organization selected under ORS 458.695 to administer state moneys directed to individual development accounts and that is: (a) A nonprofit, fund raising organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code as amended and in effect on December 31, 2022; or (b) A federally recognized Oregon Indian tribe that is located, to a significant degree, within the boundaries of this state. (3) Financial institution means: (a) An organization regulated under ORS chapters 706 to 716 or 723; or (b) In the case of individual development accounts established for the purpose described in ORS 458.685 (1)(c), a financial institution as defined in ORS 178.300. (4) Individual development account means a contract between an account holder and a fiduciary organization, for the deposit of funds into a financial institution by the account holder and the deposit of matching funds into a designated account by the fiduciary organization, to allow the account holder to accumulate assets for use toward achieving a specific purpose approved by the fiduciary organization. (5) Lower income household means a household having an income equal to or less than the greater of the following: (a) 80 percent of the median household income for the area as determined by the Housing and Community Services Department. In making the determination, the department shall give consideration to any data on area household income published by the United States Department of Housing and Urban Development. (b) 200 percent of the poverty guidelines as determined by the Housing and Community Services Department. In making the determination, the department shall give consideration to poverty guidelines published by the United States Department of Health and Human Services and may consider other income data periodically published by other federal or Oregon agencies. (6)(a) Net worth means a calculation based on the net value of assets of a household established by rule by the Housing and Community Services Department. (b) Net worth does not include: (A) Equity in one residence and in one vehicle. (B) Holdings in pension accounts valued at less than $120,000. (7) Resident of this state has the meaning given that term in ORS 316.027. [1999 c.1000 1; 2001 c.648 3; 2007 c.765 2; 2008 c.45 16; 2009 c.5 26; 2009 c.63 1; 2009 c.541 22; 2009 c.909 29; 2010 c.82 31; 2011 c.7 26; 2012 c.31 26; 2013 c.377 26; 2014 c.52 28; 2015 c.442 20; 2016 c.33 24; 2017 c.527 25; 2018 c.101 25; 2019 c.319 27; 2021 c.456 27; 2021 c.525 8; 2022 c.83 27; 2023 c.171 27] Note:
ORS Chapter 458 — Housing and Community

ORS 458.675. Legislative findings. The Legislative Assembly finds that: (1) The problem of poverty will not be solved solely by government programs and income subsidies. (2) Family economic well-being does not come solely from income, spending or consumption, but instead requires savings, investment and the accumulation of assets. (3) It is appropriate for the state to institute an asset-based antipoverty strategy. (4) The state has an opportunity to take advantage of private and federal resources by making the transition to an asset-based antipoverty strategy. Those resources may include, but are not limited to, the Assets for Independence Act (42 U.S.C. 604) and the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.). (5) Investment through an individual development account system will help lower income households obtain the assets they need to succeed. Communities and this state will experience resultant economic and social benefits accruing from the promotion of the financial stability and resilience of lower income households. [1999 c.1000 2; 2017 c.185 12; 2017 c.297 35; 2021 c.525 9] Note: See note under
ORS Chapter 458 — Housing and Community

ORS 458.680. Persons qualifying as account holders. (1) A person who qualifies to become an account holder may enter into an agreement with a fiduciary organization for the establishment of an individual development account. (2) To become an account holder a person must, in addition to meeting any other qualifications, be a member of a lower income household that has a net worth of less than $20,000. (3) Every account holder, with support from the fiduciary organization, shall develop a personal development plan to advance account holder self-reliance. The personal development plan must include appropriate coaching, mentorship, social support, financial adequacy training and asset-specific training designed to increase the independence of the person and the persons household through achievement of the accounts approved purpose. (4) Notwithstanding subsection (1) of this section, a fiduciary organization may refuse to allow a qualified person to establish an account if establishment of the account would result in the members of a lower income household having more than one account. Notwithstanding subsection (1) of this section, a fiduciary organization shall refuse to allow a qualified person to establish an account if establishment of the account would result in the members of a lower income household having more than two accounts. [1999 c.1000 3; 2007 c.765 3; 2013 c.270 1; 2021 c.525 10] Note: See note under
ORS Chapter 458 — Housing and Community

ORS 458.690. Required account features; rules. (1) A fiduciary organization selected under ORS 458.695 may qualify as the recipient of account contributions that qualify the contributor for a tax credit under ORS 315.271 only if the fiduciary organization matches amounts deposited by the account holder according to a formula established by the fiduciary organization of not less than $1 nor more than $5 for each $1 deposited by the account holder. The matching funds must be deposited into a designated account that is controlled by the fiduciary organization and is separate from the savings account of the account holder. (2) Account holders may not accrue more than $6,000 of matching funds under subsection (1) of this section from state-directed moneys in any 12-month period. A fiduciary organization may designate a lower amount as a limit on annual matching funds. A fiduciary organization shall maintain on deposit sufficient funds to cover the matching deposit agreements for all individual development accounts managed by the organization. (3) The Housing and Community Services Department shall adopt rules to establish a maximum total amount of state-directed moneys that may be deposited as matching funds into an individual development account. (4) The Housing and Community Services Department shall provide information to the Department of Revenue about all individual development account contributors that are qualified for a tax credit under ORS 315.271, if required by ORS 315.058. [1999 c.1000 5; 2001 c.648 5; 2003 c.280 19; 2007 c.765 5; 2015 c.843 21; 2019 c.483 24; 2021 c.525 12] Note: Section 9 (1), chapter 765, Oregon Laws 2007, provides: Sec. 9. (1) A credit may not be claimed under ORS 315.271 and 458.690 for tax years beginning on or after January 1, 2030. [2007 c.765 9; 2015 c.701 7; 2021 c.525 7(1); 2023 c.490 16(1)] Note: See note under
ORS Chapter 458 — Housing and Community

ORS 458.695. Selection of fiduciary organizations. The Housing and Community Services Department may select fiduciary organizations to administer moneys directed by the state to individual development account purposes. In making the selections, the department shall consider factors including, but not limited to: (1) The ability of the fiduciary organization to implement and administer the individual development account program, including the ability to verify account holder eligibility, certify that matching deposits are used only for approved purposes and exercise general fiscal accountability; (2) The capacity of the fiduciary organization to provide or raise matching funds for the deposits of account holders; (3) The capacity of the fiduciary organization to provide appropriate support services and general assistance to advance account holder self-reliance; and (4) The links that the fiduciary organization has to other activities and programs designed to increase the independence of this states lower income households through education and training, home ownership and small business development. [1999 c.1000 6; 2007 c.765 6] Note: See note under
ORS Chapter 458 — Housing and Community

ORS 458.700. Authority of fiduciary organizations; rules. (1) Subject to Housing and Community Services Department rules, a fiduciary organization has sole authority over, and responsibility for, the administration of individual development accounts. The responsibility of the fiduciary organization extends to all aspects of the account program, including marketing to participants, soliciting additional matching contributions, counseling account holders, providing financial literacy education, and conducting required verification and compliances activities. The fiduciary organization may establish program provisions as the organization believes necessary to ensure account holder compliance with the provisions of ORS 458.680 and 458.685. A fiduciary organization may establish income and net worth limitations for account holders that are lower than the income and net worth limitations established by ORS 458.670 (5) and 458.680 (2). (2) A fiduciary organization may act in partnership with other entities, including businesses, government agencies, nonprofit organizations, community development corporations, community action programs, housing authorities and congregations to assist in the fulfillment of fiduciary organization responsibilities under ORS 458.670 and 458.675 to 458.700. (3) A fiduciary organization may use a reasonable portion of moneys allocated to the individual development account program for administration, operation and evaluation purposes. (4) A fiduciary organization shall provide the Housing and Community Services Department with an annual report of the fiduciary organizations individual development account program activity. The report must be filed no later than 90 days after the end of the fiscal year of the fiduciary organization. The report must include, but is not limited to: (a) The number of individual development accounts administered by the fiduciary organization; (b) The amount of deposits and matching deposits for each account; (c) The purpose of each account; (d) The number of withdrawals made; and (e) Any other information the department may require for the purpose of making a return on investment analysis. (5) The department may make all reasonable and necessary rules to ensure fiduciary organization compliance with ORS 458.670 and 458.675 to 458.700. [1999 c.1000 7; 2001 c.648 6; 2003 c.280 20; 2007 c.765 10; 2015 c.701 10; 2015 c.843 22,23; 2021 c.525 13] Note: See note under
ORS Chapter 458 — Housing and Community

ORS 458.705. Legislative findings. The Legislative Assembly finds that: (1) The population of the state is growing and is expected to continue growing well into the 21st century. That population growth is uneven, resulting in some places struggling to manage new people, jobs and building, and other places being eager to attract a share of growth and economic development. A communitys pattern of development can accommodate a growing population and help rebuild rural and distressed economies while maintaining the states quality of life. Downtown areas need to be revitalized to accommodate more business and civic activity. Affordable housing must be developed near job centers. Rural and distressed communities need to be rebuilt to allow all sectors of the state to share in economic prosperity. (2) Numerous barriers exist to achieving vibrant downtown areas and community centers, ample affordable housing and thriving rural economies. Overcoming those barriers will require the state to work in partnership with local communities, the private sector and community-based groups to provide livability. Regulations must be balanced with incentives. Private sector financing must be better leveraged. Local planning and zoning codes must allow the redevelopment of strategic infill sites. The needs of working families for housing, transportation and services that are affordable and accessible must be addressed by the entire community. (3) A critical element in the creation of effective partnerships is a flexible funding source that can serve as an incentive to achieving quality development. Careful targeting of financial incentives can provide the needed impetus for revitalization of downtown areas throughout the state, the creation of affordable housing in the proper places and new job centers in places working to attract new growth. (4) State government, in tandem with local and federal governments, nonprofit organizations and the business sector, provides a variety of tools to help build strong Oregon communities. Targeted financial incentives will complement existing tools and allow state government and its partners to enhance livability and make cost-effective use of public infrastructure. The resulting communities will be economically viable and will have housing that is affordable to community residents. [1999 c.956 1] Note:
ORS Chapter 458 — Housing and Community

ORS 458.715. Duties of Oregon Housing Stability Council regarding Community Development Incentive Project Fund. (1) The Oregon Housing Stability Council shall, with respect to the Community Development Incentive Project Fund established under ORS 458.720: (a) Develop program guidelines, including specific project criteria and financing mechanisms. (b) Review applications seeking funding from the fund and make recommendations for funding approval. (c) Review proposals for cooperative agreements or joint projects between the council and other agencies to facilitate the goals of the fund. (2) Subject to available financing, the council may approve any project that carries out the goals of the fund. (3) Notwithstanding subsections (1) and (2) of this section, the council may make loans or grants from the Community Development Incentive Project Fund for the purpose of preserving affordable housing. [1999 c.956 7; 2009 c.62 1; 2015 c.180 29] Note: See note under
ORS Chapter 458 — Housing and Community

ORS 458.720. Community Development Incentive Project Fund; purpose; lottery bond proceeds. (1) Pursuant to ORS 286A.560 to 286A.585, lottery bonds may be issued to make grants or loans to Oregon municipalities, businesses and individuals to encourage real estate developments that promote downtown and community center areas, provide affordable housing and other infill developments, and fund projects that promote business opportunities in Oregons distressed areas and rural communities. (2) The use of lottery bond proceeds is authorized based on the following findings: (a) The grants and loans made will be used to fund projects that assist Oregon communities in managing growth, thereby attracting industry and workers and improving Oregons labor market; and (b) The projects will bring jobs and economic diversity to Oregons distressed areas and rural communities. (3) The aggregate principal amount of lottery bonds issued pursuant to this section may not exceed the sum of $25 million and an additional amount estimated by the State Treasurer to be necessary to pay bond-related costs. Lottery bonds issued pursuant to this section shall be issued only at the request of the Director of the Housing and Community Services Department, in consultation with the Oregon Housing Stability Council. (4) The net proceeds of lottery bonds issued pursuant to this section shall be deposited in the Community Development Incentive Project Fund, which is hereby established in the State Treasury separate and distinct from the General Fund. (5) The proceeds of lottery bonds issued pursuant to this section shall be used only for the purposes set forth in subsection (1) of this section and for bond-related costs. (6) Interest earned by the Community Development Incentive Project Fund shall be credited to the fund or to the Housing Development and Guarantee Account, as determined by the council. In addition to any other moneys specifically designated by law, the fund shall consist of any amounts appropriated by the Legislative Assembly and any gifts, grants or donations. [Subsections (1) to (5) of 1999 Edition enacted as 1999 c.702 3; subsection (6) of 1999 Edition enacted as 1999 c.956 3; 2003 c.743 7; 2007 c.783 203b; 2015 c.180 30] Note: See note under
ORS Chapter 458 — Housing and Community

ORS 458.725. Fund appropriation and expenditure guidelines. All moneys deposited in the Community Development Incentive Project Fund are continuously appropriated to the Housing and Community Services Department to carry out the purposes of the fund. In addition to any other purpose specifically provided by law, moneys deposited in the fund shall be expended for community development purposes, including but not limited to: (1) Promoting affordable housing development near jobs and transportation; (2) Revitalizing downtowns and community centers; and (3) Rebuilding rural and distressed economies. [1999 c.956 4] Note: See note under
ORS Chapter 458 — Housing and Community

ORS 458.730. Department use of financing mechanisms; determination of funding adequacy. (1) The Housing and Community Services Department may use the moneys in the Community Development Incentive Project Fund in any manner permitted under ORS 458.735. However, the primary purpose of the fund is to finance developments identified by the Oregon Housing Stability Council if other state or private financing sources are inadequate or unavailable. The department shall make the final determination as to whether financing sources are inadequate or unavailable. (2) In expending moneys from the fund, the department may use financing mechanisms that include, but are not limited to: (a) Grants or loans for the development of multifamily or single-family affordable housing located near community centers or employment centers. (b) Grants or loans for the development of mixed-use real estate projects located in downtown or community center areas. (c) Grants or loans that result in the placement or retention of businesses in downtown or community center areas. (d) Partial loan guarantees or other credit enhancement tools to private commercial lenders. (e) Grants or loans to finance infrastructure development that creates jobs or housing in communities identified by the Oregon Business Development Department as rural or distressed. (f) Interim ownership by the Housing and Community Services Department of real estate located within downtown or community center areas. (g) Other financial tools or incentives that the council determines would further the intended purposes of the fund. [1999 c.956 5; 2015 c.180 31] Note: See note under
ORS Chapter 458 — Housing and Community

ORS 458.735. Department review of projects; lending criteria. The Housing and Community Services Department shall: (1) Administer the Community Development Incentive Project Fund in accordance with rules adopted by the department. (2) Verify documentation and approve or disapprove funding recommended by the Oregon Housing Stability Council under ORS 458.715. (3) Seek to leverage local, federal and private financial resources for use in conjunction with fund expenditures. (4) Emphasize use of the fund to fill funding gaps in projects identified by the council that are designed to achieve the objectives of the fund. (5) If making a fund expenditure as a loan, establish lending criteria that allow the fund to create quality development patterns and produce a sound loan portfolio. In establishing the criteria, the department shall permit the assumption of an appropriate level of risk, maintain a reserve for losses and provide for the periodic monitoring of reserve adequacy. Loan repayments may be used by the department in any financially prudent manner consistent with fund goals. [1999 c.956 8; 2015 c.180 32; 2023 c.193 11] Note: See note under