ORS Chapter 458 — Housing and Community

ORS 458.352. Manufactured dwelling park loan program; eligibility; reporting. (1) As used in this section: (a) Average income means an income that complies with income restrictions determined at the advice and consent of the Oregon Housing Stability Council, but not to exceed the greater of 100 percent of the statewide or local area median income adjusted for household size as determined annually by the Housing and Community Services Department using United States Department of Housing and Urban Development information. (b) Manufactured dwelling park has the meaning given that term in ORS 446.003. (c) Nonprofit corporation means a corporation that is exempt from income taxes under section 501(c)(3) or (4) of the Internal Revenue Code as amended and in effect on December 31, 2016. (2) The Housing and Community Services Department shall provide one or more loans to nonprofit corporations to create manufactured dwelling park preservation and development programs that invest in, and provide loans for, the preservation, development and expansion of affordable manufactured dwelling parks in this state, including through: (a) The repair or reconstruction of parks destroyed by natural disasters; or (b) The acquisition and development of land for parks or for the expansion of parks in areas that have been affected by a natural disaster. (3) To be eligible for a loan under this section, a nonprofit corporation shall demonstrate to the satisfaction of the department that the nonprofit corporation: (a) Is a community development financial institution operating statewide to support investment in, and acquisition, renovation and construction of, affordable housing; (b) Has the ability and capacity to provide the services and reporting required of the program described in subsections (4) and (6) of this section; and (c) Meets other requirements established by the department regarding financial risk and availability or accessibility of additional resources. (4) An eligible nonprofit corporation, with input from the department, shall develop a manufactured dwelling park development and preservation program that: (a) Invests in, and loans funds to, other nonprofit corporations, housing authorities, manufactured dwelling park nonprofit cooperatives as defined in ORS 62.803, local units of government as defined in ORS 466.706, agencies as defined in ORS 183.310, or any entity in which a nonprofit corporation has a controlling share, to: (A) Purchase or refinance manufactured dwelling parks that will maintain the parks as parks long term; or (B) Construct, develop, expand, repair or reconstruct parks, including parks destroyed by natural disasters; (b) Emphasizes, when providing loans under paragraph (a) of this subsection, the financing of parks whose residents are predominantly members of households with income less than average income; and (c) Preserves the affordability of the park space rent to park tenants who are members of households with income less than average income. (5) An eligible nonprofit corporation shall create a park development and preservation account to be used by the nonprofit corporation for the manufactured dwelling park preservation program and shall deposit the moneys loaned by the department into the account. (6) An eligible nonprofit corporation shall ensure that all financial activities of the program are paid from and into the park development and preservation account created under subsection (5) of this section. Each nonprofit corporation shall report to the department no less than semiannually, showing the expenses and incomes of the park development and preservation account and the results of the manufactured dwelling park development and preservation program. (7) A loan made by the department under this section: (a) May require the nonprofit corporation to pay interest. (b) May not require the nonprofit corporation to make any loan payments before the maturity date of the loan. (c) Must have a maturity date of no later than September 15, 2036. (d) May have its maturity date extended by the department. (e) Shall have all or part of the unpaid balance forgiven by the department in an amount not to exceed the losses incurred on investments or loans made by the nonprofit corporation under subsection (4)(a) of this section. (f) May include such agreements by the nonprofit corporation practical to secure the loan made by the department and to accomplish the purposes of the program described in subsection (4) of this section. (8) The department or the State Treasurer shall deposit moneys received in servicing the loan into the General Housing Account of the Oregon Housing Fund created under ORS 458.620. [2019 c.595 2; 2021 c.31 1; 2022 c.54 20; 2023 c.334 8] (Temporary provisions relating to park loan program) Note: Sections 3 and 4, chapter 595, Oregon Laws 2019, provide: Sec. 3. Report on program. No later than September 15, 2021, and no later than September 15 of each odd-numbered year thereafter, the Housing and Community Services Department shall report, in the manner provided by ORS 192.245, to the appropriate interim committee or committees of the Legislative Assembly on the implementation of the manufactured dwelling park preservation program created pursuant to section 2 of this 2019 Act [458.352]. [2019 c.595 3] Sec. 4. Section 3 of this 2019 Act is repealed on January 2, 2038. [2019 c.595 4] Note: Section 9, chapter 334, Oregon Laws 2023, provides: Sec. 9. Retroactivity of amendments to park loan program. The Housing and Community Services Department may negotiate with nonprofit corporations that received loans under ORS 458.352 (2) before the effective date of this 2023 Act [January 1, 2024] to allow the nonprofit corporation to use those moneys consistent with ORS 458.352, as amended by section 8 of this 2023 Act.