reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.130 - Investigations, hearings and recommendations of authority.

Any authority, acting through one or more commissioners or other persons designated by the authority, may:
(1) Conduct examinations and investigations and hear testimony and take proof under oath at private or public hearings on any matter material for its information.
(2) Administer oaths, issue subpoenas requiring the attendance of witnesses or the production of books and papers and issue commissions for the examination of witnesses who are outside the state or unable to attend before the authority or excused from attendance.
(3) Make available to appropriate agencies, including those charged with the duty of abating or requiring the correction of nuisances or like conditions, or of demolishing unsafe or insanitary structures within the area of operation, its findings and recommendations with regard to any buildings or property where conditions exist which are dangerous to the public health, morals, safety or welfare.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.140 - Joinder or cooperation of authorities.

Any two or more authorities may join or cooperate with one another in the exercise of any or all of the powers conferred by the Housing Authorities Law for the purpose of financing, planning, undertaking, constructing or operating a housing project or projects located within the area of operation of one or more of the authorities.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.145 - Eminent domain.

(1) An authority may acquire, by the exercise of the power of eminent domain, any real property which it deems necessary for its purposes after adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. An authority may exercise the power of eminent domain in the manner provided for in the laws of this state for the condemnation of lands or rights of way by public or quasi-public corporations for public use or for corporate purposes; or in the manner provided by law for the appropriation of real property, or rights therein or thereto, by private corporations; or in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain.
(2) Property already devoted to a public use may be acquired in like manner, but no real property belonging to the city, the county, the state or any political subdivision thereof may be acquired without its consent.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.150 - Housing projects subject to local laws; consideration of other programs.

(1) All housing projects of an authority shall be subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality in which the housing project is situated.
(2) In the planning and location of any housing project, an authority shall take into consideration the relationship of the project to any larger plan or long-range program for the development of the area in which the housing authority functions.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.153 - Involvement in mixed income housing project.

A housing authority may finance, develop, own, manage or operate a mixed income housing project if:
(1) The housing authority determines that a substantial number of persons of eligible income in the area served by the authority cannot obtain housing for 30 percent or less of their income.
(2) Based on the determination under subsection (1) of this section, the housing authority adopts a resolution declaring the need for additional housing for persons or families of lower income that can be addressed by the authority financing, developing, owning, managing or operating a mixed income housing project. [1995 c.445 §9; 2007 c.606 §10]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.155 - Policy regarding profit from projects; reserves.

(1) It hereby is declared to be the policy of this state that:
(a) Each housing authority shall manage and operate its housing projects in an efficient and cost-effective manner so as to enable it to set the rents for housing units at the lowest possible rates consistent with providing decent, safe and sanitary housing and fulfilling the unmet need of affordable housing for persons or families of lower income.
(b) No housing authority shall construct or operate any such housing for profit, or as a source of revenue to a city or a county.
(2) Notwithstanding any provisions of this section to the contrary, a housing authority may establish and maintain reasonable reserves for the purpose of providing additional housing projects that the authority owns or manages and otherwise administering its programs pursuant to this chapter. [Amended by 1977 c.343 §1; 1989 c.874 §4; 1995 c.445 §10]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.160 - Limitations as to rentals.

In the operation or management of housing projects, a housing authority shall at all times observe the following duties with respect to rentals and tenant selection:
(1) A housing authority may rent or lease the housing only to persons of eligible income, except:
(a) If the authority owns, operates or manages the housing and a substantial number of the housing units are required to be rented or leased to persons of eligible income; or
(b) If the authority acquires an existing housing unit that houses a tenant not of eligible income, the tenant may remain in the unit at the discretion of the authority, unless the tenant is determined ineligible for reasons other than income qualification.
(2) A housing authority may rent or lease the housing at rents no higher than will provide revenue sufficient to give financial stability to the housing authority. This limitation does not apply to housing units that are owned, operated or managed as described in subsection (1) of this section if the units are not occupied by families receiving assistance from an authority. [Amended by 1973 c.672 §11; 1977 c.667 §3; 1987 c.821 §3; 1995 c.445 §11; 2007 c.606 §11]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.165 - Vested rights of creditors not affected by restrictions of ORS 456.155 and 456.160.

ORS 456.155 and 456.160 do not limit the power of an authority to vest in an obligee the right, in the event of a default by the authority, to take possession of a housing project or cause the appointment of a receiver thereof or acquire title thereto through foreclosure proceedings, free from all the restrictions imposed by those sections.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.171 - Independent audit of authority.

At least once each year, a housing authority shall procure an independent audit of authority finances and activities for the preceding year, make the audit available for inspection by the public and provide a copy of the audit to each governing body that appoints the housing authority commissioners. [2007 c.606 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.175 - Issuance of bonds; means for payment.

An authority may issue bonds from time to time in its discretion upon the resolution adopted by a majority vote of the commissioners for any of its corporate purposes. An authority may also issue refunding and advance refunding bonds for the purpose of paying or retiring bonds previously issued by it. [Amended by 1989 c.874 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.180 - Liability on bonds; debt limitation.

(1) Neither the commissioners of an authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof.
(2) The bonds and other obligations of an authority shall not be a debt of the city, the county, the state or any political subdivision thereof, and the bonds and obligations shall so state on their face. Neither the city, the county, nor the state or any political subdivision thereof shall be liable thereon. Nor, in any event, shall such bonds or obligations be payable out of any funds or properties other than those of the authority.
(3) The bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.185 - Issuance of bonds.

Bonds of an authority must be authorized by its resolution adopted by a vote of a majority of the commissioners, must be issued as prescribed in ORS chapter 287A and are not subject to the requirements of ORS 287A.150. [Amended by 1969 c.694 §13; 1973 c.672 §13; 1977 c.188 §5; 1981 c.94 §42; 1989 c.874 §8; 2001 c.215 §11; 2007 c.783 §193]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.190 - Presumption of validity of bond.

In any suit, action or proceedings involving the validity or enforceability of any bond of an authority or the security therefor, any bond reciting in substance that it has been issued by the authority to aid in financing a housing project to provide housing for persons or families of lower income is conclusively deemed to have been issued for a housing project of such character and said project is conclusively deemed to have been planned, located and constructed in accordance with the Housing Authorities Law. [Amended by 1973 c.672 §14; 1995 c.445 §12; 2007 c.783 §194]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.202 - Short-term bond anticipation notes.

(1) An authority shall have the power to borrow money for the purposes for which its bonds are to be issued in anticipation of the receipt of proceeds of the sale of such bonds and within the authorized maximum of such bond issue.
(2) Bond anticipation notes shall be issued for all moneys borrowed under the provisions of this section. Such notes may be issued for a period not exceeding one year and may be renewed from time to time for periods not exceeding one year, but each such note, including renewals, shall mature and be paid not later than five years after the date on which the original note was issued. Such notes shall be authorized by resolution of the authority, adopted by a majority of the commissioners, and shall be in such denomination or denominations, shall bear interest at such rate or rates, shall be in such form, and shall be executed in such manner, all as a majority of the commissioners shall prescribe. Such notes may be sold at public or private sale in the manner and at such price or prices or for such other consideration, including real or personal property, as the authority shall determine, provided that if such notes be renewal notes, they may be exchanged for notes then outstanding on such terms as the authority shall determine. [1977 c.342 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.205 - Enforcing rights of obligee of an authority.

An obligee of an authority, in addition to all other rights conferred on the obligee, subject only to any contractual restrictions binding upon the obligee, may:
(1) By mandamus or other action or proceeding for legal or equitable remedies, compel the authority and its commissioners, officers, agents or employees to perform each and every term, provision and covenant contained in any contract of the authority with or for the benefit of such obligee, and require the carrying out of all covenants and agreements of the authority and the fulfillment of all duties imposed upon the authority by the Housing Authorities Law.
(2) By action or proceeding, enjoin any acts or things which may be unlawful, or the violation of any rights of the obligee. [Amended by 1979 c.284 §149]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.210 - Power of authority to confer additional rights upon obligee.

An authority, by its resolution, trust indenture, mortgage, lease or other contract, may confer upon any obligee holding or representing a specified amount in bonds, or holding a lease, the right, in addition to all rights that may otherwise be conferred, upon the happening of an event of default as defined in such resolution or instrument, by suit, action or proceeding in any court of competent jurisdiction:
(1) To cause possession of any housing project or any part thereof to be surrendered to an obligee.
(2) To obtain the appointment of a receiver of any housing project of the authority or any part thereof and of the rents and profits therefrom. If a receiver is appointed, the receiver may enter and take possession of the housing project or any part thereof and operate and maintain it and collect and receive all fees, rents, revenues or other charges thereafter arising therefrom, and shall keep such moneys in separate accounts and apply them in accordance with the obligations of the authority as the court directs.
(3) To require the authority and its commissioners to account as if it and they were the trustees of an express trust.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.215 - Financial aid and cooperation of federal government.

(1) An authority may:
(a) Borrow money or accept grants or other financial assistance from the federal government for or in aid of any housing project within its area of operation.
(b) Take over or lease or manage any housing project or undertaking constructed or owned by the federal government.
(c) Comply with such conditions and enter into such mortgages, trust indentures, leases or agreements as may be necessary, convenient or desirable for the purposes of this subsection.
(2) It is the purpose and intent of the Housing Authorities Law to authorize every authority to do all things necessary or desirable to secure the financial aid or cooperation of the federal government in the undertaking, construction, maintenance or operation of any housing project by such authority.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.220 - Exemption of property from process or judgment lien.

All real property of an authority is exempt from levy and sale by virtue of an execution. No execution or other judicial process shall issue against such property nor shall any judgment against an authority be a charge or lien upon its real property. However, this section does not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage of an authority or the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by an authority on its rents, fees or revenues.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.230 - Bonds and income therefrom exempt from personal income taxes.

Bonds of an authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities. The bonds, together with interest thereon and income therefrom, are exempt from personal income taxes under ORS chapter 316. [Amended by 2007 c.783 §195]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.233 - Transfer of housing authority from governing body to separate board.

If, pursuant to ORS 456.055 to 456.235, the governing body in a city or a county has declared, by resolution, that the governing body itself shall exercise the powers of a housing authority under ORS 456.055 to 456.235, the governing body may thereafter, by resolution, elect to transfer the powers and the authority to act as the housing authority to any other body which may be designated under ORS 456.055 to 456.235 to exercise such powers. The governing body of the city or county may, by resolution, transfer the powers and authority to act as the housing authority to itself. All duties and obligations of the governing body as the housing authority of the municipality shall thereafter be assumed and performed by the body to which such powers and authority are transferred. [1969 c.630 §1; 1975 c.322 §2; 1979 c.621 §17; 2019 c.625 §70]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.235 - Dissolution of housing authorities.

(1) A housing authority may be dissolved upon a majority vote of its commissioners at any regular or special meeting of the commission whereof all the members of the commission have been notified. Except with the consent of the obligees of the housing authority to dissolution, no authority having outstanding bonds or indebtedness shall be dissolved unless the assets of the authority are sufficient to pay such bonds and indebtedness. A copy of the order or resolution of dissolution shall be filed with the clerk of the city or the county, as the case may be.
(2) Upon dissolution of an authority, the property and assets thereof not required for the liquidation of indebtedness of the authority shall vest in or be paid over to the city or the county for which the authority was created or, where a regional authority is dissolved, be paid over to the cities and counties in the authority in proportion to the population within each cooperating city and county according to the most recent determination under ORS 190.510 to 190.610; provided, that if the housing project be located within an incorporated city, then such property and assets shall be paid over and delivered to such city, even though the authority may have been created by a county. Any moneys so received by the clerk shall be credited to the general fund of the city or the county, as the case may be.
(3) After voting for dissolution the authority shall be dissolved for all purposes, excepting, there shall be allowed a period of not to exceed three years after said vote for the liquidation of indebtedness and final settlement of its affairs. [1953 c.716 §2; 1973 c.672 §16]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.255 - Legislative findings.

(1) The Legislative Assembly finds and declares that:
(a) The maintenance of a pool of affordable housing for all citizens is a matter of statewide concern.
(b) The contracts for many participating properties in this state that are publicly supported housing are about to expire or otherwise terminate. State and local governments need an effective process for assessing these expiring and terminating contracts and determining whether to assume ownership of the participating properties. The assessment and determination process should ensure appropriate statewide uniformity while maintaining local flexibility. The process should also ensure the rights of property owners and tenants to fair treatment as the contracts expire.
(2) ORS 456.255 to 456.267 are intended to provide a framework for addressing the withdrawal of participating property from publicly supported housing. [1999 c.275 §2; 2017 c.608 §2]
Note:
See second note under 456.250.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.258 - Applicability; interpretation; rules.

(1) ORS 456.255 to 456.267 do not apply to or restrict the acquisition of property by:
(a) A government that acquires the participating property by eminent domain or a negotiated purchase in lieu of eminent domain.
(b) A purchaser of the participating property in a foreclosure sale that terminates the affordability restrictions.
(c) A purchaser of the participating property by a deed in lieu of foreclosure provided that the contract restrictions are subordinate to the purchaser’s interest eligible for foreclosure and a notice of the deed in lieu is provided to the Housing and Community Services Department by the purchaser or property owner at least 30 days prior to the execution of the deed in lieu.
(2) ORS 456.255 to 456.267 may not be interpreted to allow a property owner to terminate or breach a contract or to limit the rights of any tenant of a participating property or any other person who may enforce an affordability restriction against the property owner.
(3) ORS 456.255 to 456.267 do not require any local government or the department to purchase or condemn any property or to maintain the affordability restrictions of any property.
(4) Except as required by contract and ORS 456.255 to 456.267, a property owner may not take any action before the termination date that would materially interfere with a qualified purchaser’s ability to continue maintaining the participating property as publicly supported housing.
(5) The termination date may not occur, and the publicly supported housing remains subject to affordability restrictions, until the property is eligible for withdrawal from publicly supported housing under ORS 456.262 (4) and any contract requirements for the withdrawal of the property.
(6) The department shall adopt rules to implement ORS 456.255 to 456.267. [2019 c.571 §3; 2021 c.56 §2; 2023 c.389 §6]
Note:
See notes under 456.250.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.259 - Termination date notice to tenants; extension for failure to give timely notice.

(1) In addition to notices given under ORS 456.260 and 456.262, the owner of publicly supported housing as described in ORS 456.250 (6)(a)(B) in which the Housing and Community Services Department is a party to the contract must provide notice to the tenants under this section before the owner withdraws the participating property from publicly supported housing.
(2) The notice required under this section must be in plain language and must include:
(a) That the owner intends to withdraw the property from publicly supported housing upon the specified termination date;
(b) An explanation and any expiration date of any safe harbor provisions which may allow the tenant to retain the tenancy after the affordability restriction is terminated, including the provisions of ORS 456.267;
(c) Information about tenant resources, as may be required by the department by rule; and
(d) Other information required by the department by rule.
(3) The notice required under this section must be delivered no more than 24 months and at least 20 months before the termination date by:
(a) First class mail to:
(A) Any tenant residing at the participating property at the tenant’s mailing address; and
(B) The Director of the Housing and Community Services Department; and
(b) Posting the notice in a common area of the property.
(4) During the period 20 months prior to the termination date, the owner must give a copy of the notice required under this section to any prospective tenant of the property before the owner or landlord may assess a screening charge under ORS 90.295 or enter into a rental agreement.
(5) If an owner fails to give notices required under subsection (3) or (4) of this section, the owner shall:
(a) Extend the termination date until no earlier than 20 months after delivery of all notices required under subsection (3) or (4) of this section; and
(b) Provide notice of the extension to the department and to each tenant that is entitled to notice under this section. [2021 c.56 §7; 2023 c.389 §4]
Note:
See notes under 456.250.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.260 - Termination date notice to government; extension for failure to give timely notices; waiver.

(1) The owner of a participating property shall deliver notice in a format prescribed by the Housing and Community Services Department, including by electronic delivery or by registered or certified mail, to each local government within which the participating property is located and to the department no sooner than 36 months prior and at least 30 months prior to the termination date when:
(a) A contract term will expire, permitting the owner to withdraw the participating property from publicly supported housing or limit affordability restrictions on the property; or
(b) The owner intends to withdraw the participating property from publicly supported housing.
(2) The property owner shall deliver a second notice to each entity entitled to notice under subsection (1) of this section, no sooner than 30 months prior and at least 24 months prior to the termination date.
(3) If a notice is not delivered timely, the property owner shall:
(a) Extend the termination date until no earlier than the latter of the date that is 30 months after delivery of the notice under subsection (1) of this section or 24 months after delivery of the notice under subsection (2) of this section; and
(b) Provide notice of the extension to the department, each local government that is entitled to notice under this section and each tenant that is entitled to notice under ORS 456.259 (3) or (4).
(4) A local government may:
(a) Establish and impose any fine, penalty, tax, fee, charge or assessment upon the owner of participating property for failure to comply with local regulations adopted to implement the provisions of subsection (1) or (2) of this section.
(b) Make application to the department requesting that a local subsidy program be included in the definition of publicly supported housing, as long as the program otherwise complies with and is not excluded from the definition of publicly supported housing.
(5) Any notices delivered under subsection (1) or (2) of this section must specify whether the owner:
(a) Intends to withdraw the participating property from publicly supported housing.
(b) Intends to convert the participating property to a nonparticipating use.
(c) Is involved in negotiations with the United States Department of Housing and Urban Development, the Housing and Community Services Department or any other individual or entity regarding an extension of an expiring contract.
(6) The department may, by rule or on an individual basis, waive the notice requirements under subsections (1) and (2) of this section for property owners that are local governments or housing authorities. [1999 c.275 §3; 2017 c.608 §3; 2019 c.571 §4; 2021 c.56 §3; 2023 c.389 §7]
Note:
See notes under 456.250.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.261 - Department notice of extension of affordability restrictions; recording; termination.

(1) If a property owner or landlord does not timely provide notice required under ORS 456.259 (3) or (4) or 456.260 (1) or (2), the Housing and Community Services Department may record in the real property records of the county in which the property is located, without the consent of the owner, a notice of extension of affordability restrictions. All the terms of an expiring affordability restriction remain in effect during the term of the extension of affordability.
(2) The notice permitted under subsection (1) of this section:
(a) May only be recorded prior to the termination date and after the department has provided the property owner at least 14 days’ written notice.
(b) May be recorded without regard to whether the owner gives notice to the department under ORS 456.259 (5)(b) or 456.260 (3)(b).
(3) A notice recorded under subsection (1) of this section must specify an ending date for the extension of affordability restrictions that is no later than the termination date or, if no termination date is ascertainable, no later than 30 months from the date of recording. [2023 c.389 §3]
Note:
See notes under 456.250.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.263 - Right of first refusal; matching offer.

(1) Before selling a participating property that is subject to a recorded notice of right of first refusal under ORS 456.262 (3) to a third party other than a qualified purchaser, a property owner shall send notice of the owner’s intent to accept a purchase offer by registered or certified mail, with return receipt requested, to each party acknowledging under ORS 456.262 (3)(f) a notice of right of first refusal under ORS 456.262. The notice delivered under this subsection must contain a copy of the third-party offer or the terms and conditions of the offer to purchase that the owner intends to accept.
(2) A qualified purchaser shall have 45 days from the date the notice is mailed to exercise a right of first refusal by delivering a matching offer to purchase the property by certified mail. The matching offer must contain a commitment from the qualified purchaser to preserve the property as affordable on terms determined by the Housing and Community Services Department. The property owner shall accept the first matching offer the property owner receives from a qualified purchaser under this section.
(3) A qualified purchaser’s offer is a matching offer if it is on the same terms and conditions as the third party’s offer to purchase, except that a qualified purchaser’s offer is considered a matching offer notwithstanding a conflicting term that includes:
(a) An earnest money deposit that is no less than the least of the third-party offer, two percent of the sales price or $250,000.
(b) That the earnest money deposit is refundable until the earlier of 90 days or the date of closing.
(c) That closing shall be scheduled at least 240 days after execution of the purchase agreement.
(d) Any nonmaterial term.
(e) Any other term that the property owner has agreed to waive.
(f) A commitment to maintain the affordability of the property required under subsection (2) of this section.
(4) Subsection (1) of this section does not apply if:
(a) More than 36 months have elapsed since the termination date;
(b) The property owner accepted a third party’s offer to purchase the participating property before January 1, 2020, and has provided documentation of the purchase agreement to the department;
(c) The third-party offeror agrees to affordability restrictions on the participating property, as determined by the department, to ensure that the participating property remains publicly supported housing; or
(d) Any additional situations as determined by the department by rule. [2017 c.608 §7; 2019 c.571 §6; 2021 c.56 §5; 2023 c.389 §9]
Note:
See notes under 456.250.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.264 - Remedy for failure to give notice.

(1) Any person who suffers any ascertainable loss of money or property, real or personal, as a result of the failure of an owner of a participating property to provide notices or otherwise comply with the provisions of ORS 456.259, 456.260, 456.262, 456.263 or 456.267 (1) may bring an individual action in an appropriate court to recover actual damages. The court or the jury may award punitive damages, and the court may provide injunctive relief and any other equitable relief the court considers necessary and proper.
(2) The court may award reasonable attorney fees and costs at trial and on appeal to a prevailing plaintiff in an action under this section. [2017 c.608 §8; 2021 c.56 §8; 2023 c.389 §10]
Note:
See notes under 456.250.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.265 - Sanctions against withdrawing property owner prohibited.

(1) Except as expressly authorized in ORS 456.259, 456.260, 456.262 or 456.263 or as may be provided by contract with the property owner, a local government may not:
(a) Impose any fine, penalty, tax, fee, charge, assessment or other restriction or sanction against a property owner for withdrawing the participating property from publicly supported housing.
(b) Except as an exercise of constitutional or statutory powers of condemnation:
(A) Prevent or restrict a property owner from selling or otherwise disposing of participating property.
(B) Require conveyance of participating property to the local government or to another party.
(C) Impose any fine, penalty, tax, fee, charge, assessment or other restriction or sanction against a property owner for refusing an offer by the Housing and Community Services Department, the department’s designee, a local government or another party to purchase participating property.
(2) Subsection (1) of this section does not prohibit a local government that is certified by a federal agency to carry out an agency responsibility or to exercise agency authority from taking any action within the scope of that responsibility or authority. [1999 c.275 §4; 2017 c.608 §4; 2021 c.56 §9]
Note:
See notes under 456.250.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.267 - Duties of landlord and owner to tenants after termination date; penalty.

(1) Beginning on the termination date and lasting for a period of three years, the owner or landlord of formerly publicly supported housing:
(a) May not terminate the tenancy under ORS 90.427 (3)(b), (4)(b) or (5).
(b) May not provide a rent increase notice more than once in any calendar year.
(c) Shall comply with ORS 90.323 and with requirements adopted by the Housing and Community Services Department and applicable to affordable rental housing managed by the department that govern rent increases, including requirements related to rent increase limits, required notices or approval or review by the department.
(2) Subsection (1) of this section applies only to residential tenancies that:
(a) Existed on the termination date; and
(b) Do not include any tenants who receive tenant-based federal rent subsidy payments under the Housing Choice Voucher Program authorized by 42 U.S.C. 1437f.
(3)(a) The department may assess a civil penalty against an owner that does not comply with this section. The penalty may not exceed $5,000. In assessing a penalty under this section, the department shall take into consideration the good faith efforts of an owner or landlord to comply with this section.
(b) The department shall deposit any moneys collected under this subsection into the Housing Finance Fund under ORS 456.720.
(c) If a civil penalty assessed under this subsection is not paid on or before 90 days after the order assessing the civil penalty becomes final by operation of law, the department may file the order with the county clerk of the county where the property is located as a lien against the property. In addition to any other available remedy, recording the order in the County Clerk Lien Record has the effect provided for in ORS 205.125 and 205.126 and the order may be enforced as provided in ORS 205.125 and 205.126. [2023 c.389 §2]
Note:
See notes under 456.250.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.270 - Definitions for ORS 456.270 to 456.295.

As used in ORS 456.270 to 456.295:
(1) "Affordable housing covenant" means a nonpossessory interest in real property imposing limitations, restrictions or affirmative obligations that encourage development or that ensure continued availability of affordable rental and owner-occupied housing for low or moderate income households.
(2) "Area median income" means the median income for the metropolitan statistical area in which the affordable housing is located, as determined by the Housing and Community Services Department, adjusted for household size.
(3) "Eligible covenant holder" means:
(a) A public body, as defined in ORS 174.109;
(b) An agency of the United States government;
(c) A public benefit corporation or religious corporation, as those terms are defined in ORS 65.001, one purpose of which is to provide affordable housing for low or moderate income households;
(d) A consumer housing cooperative, as defined in ORS 456.548;
(e) A manufactured dwelling park nonprofit cooperative corporation; or
(f) A federally recognized Indian tribe.
(4) "Low income household" means a household with income less than or equal to 80 percent of the area median income.
(5) "Moderate income household" means a household with income less than or equal to 120 percent and greater than 80 percent of the area median income.
(6) "Subsidy" includes, but is not limited to:
(a) A grant, loan or contract made by a federal agency, a federally recognized Indian tribe or a public body, as defined in ORS 174.109;
(b) A grant, loan or contract made by a nonprofit corporation or a limited liability company the sole member of which is a nonprofit corporation;
(c) A subsidized loan from a lending institution that makes loans for residential housing; or
(d) A subsidized private transaction.
(7) "Third-party right of enforcement" means a right provided in an affordable housing covenant to a third party to enforce the terms of the covenant. [2007 c.691 §2; 2009 c.11 §63; 2023 c.193 §26]
Note:
456.270 to 456.295 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 456 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.275 - Legislative findings.

The Legislative Assembly finds and declares that:
(1) There is a serious shortage of decent, safe and sanitary housing available and affordable to low and moderate income households in the State of Oregon.
(2) The inadequacy in the supply of decent, safe and sanitary affordable housing endangers the public health and jeopardizes the public safety and general welfare of the state.
(3) To obtain the benefits of covenants and restrictions that seek to preserve and maintain affordable housing, the Legislative Assembly authorizes the creation and enforcement of affordable housing covenants. [2007 c.691 §1]
Note:
See note under 456.270.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.285 - Permissible provisions.

An affordable housing covenant may:
(1) Include limitations, restrictions and affirmative obligations on the sale price or rental rate of real property or the use of real property or the income or assets of purchasers or tenants;
(2) Limit the amount of equity appreciation that a property owner may derive from ownership of the real property;
(3) Grant a right of first refusal or an option to purchase to the eligible covenant holder;
(4) Restrict the class of persons to whom real property may be sold, leased or rented according to, but not limited to, household income, assets, residency and prior homeownership;
(5) Limit the use of the real property to residential use as the primary residence of a low or moderate income household;
(6) Limit, condition or prohibit leasing or subletting;
(7) Impose obligations for maintenance and insurance of the real property;
(8) Limit, condition or prohibit the owner from allowing liens on the real property; and
(9) Make other limitations, conditions or prohibitions that affect the affordability of real property for low or moderate income households. [2007 c.691 §4]
Note:
See note under 456.270.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.290 - Validity of covenant.

(1) An affordable housing covenant is valid and enforceable even though the covenant is not of a character traditionally recognized at common law or is inconsistent with a common law doctrine of real property law that might invalidate, impair enforcement of or cause the termination of the covenant, including but not limited to common law doctrine that holds that:
(a) The covenant is not appurtenant to an interest in the real property.
(b) The covenant imposes a negative burden.
(c) The covenant imposes affirmative obligations upon the owner of an interest in the burdened real property or the eligible covenant holder.
(d) The covenant is held by an eligible covenant holder that does not have an interest in the real property that is benefited by enforcement of the covenant against the burdened property.
(e) The benefit of the covenant does not touch or concern real property in any other way.
(f) There is no privity of estate or privity of contract.
(g) The covenant can be or has been conveyed or assigned to a covenant holder.
(h) The covenant is an unreasonable restraint on alienability.
(i) The covenant is a clog on the equity of redemption.
(j) The covenant lacks adequate consideration.
(2) An affordable housing covenant is valid and enforceable even if the covenant violates the rule against perpetuities set forth in ORS 105.950 to 105.975.
(3) If a court denies equitable enforcement of an affordable housing covenant because of a change of circumstances that renders the covenant not in the public interest, the court may award damages as the only remedy in an action to enforce the affordable housing covenant.
(4) The court may not use a comparative economic test as a basis for a determination that an affordable housing covenant is not in the public interest. [2007 c.691 §6]
Note:
See note under 456.270.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.295 - Action affecting covenant.

An action affecting an affordable housing covenant may be commenced or intervened in by:
(1) The owner of an interest in the real property burdened by the covenant;
(2) An eligible covenant holder of the benefit of the covenant;
(3) A person that has a third-party right of enforcement; or
(4) A public body, as defined in ORS 174.109, in the jurisdiction of which the real property burdened by the covenant is located. [2007 c.691 §5]
Note:
See note under 456.270.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.305 - Definitions for ORS 456.305 to 456.325.

As used in ORS 456.305 to 456.325, unless the context requires otherwise:
(1) "Governing body" means the common council, county court, board of county commissioners, board or other body having charge of the fiscal affairs of the state public body.
(2) "Housing project" means any work or undertaking of a housing authority pursuant to the Housing Authorities Law or any similar work or undertaking of the federal government.
(3) "State public body" means any city, town, county, municipality, commission, district, authority, other subdivision or public body of the state.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.310 - Purpose; additional powers.

(1) It hereby is found and declared:
(a) That the assistance provided in ORS 456.315 and 456.320 for the remedying of the conditions set forth in the Housing Authorities Law is a matter of state concern and constitutes a public use and purpose and an essential governmental function for which public moneys may be spent and other aid given.
(b) That it is a proper public purpose for any state public body to aid any housing authority operating within its boundaries or jurisdiction or any housing project located therein, as the state public body derives immediate benefits and advantages from such an authority or project.
(c) That ORS 456.305 to 456.325 are necessary in the public interest.
(2) The powers conferred by ORS 456.305 to 456.325 are in addition and supplemental to the powers conferred by any other law.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.315 - Powers of state public bodies in aiding or cooperating on housing projects.

(1) For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of housing projects located within the area in which it is authorized to act, any state public body may upon such terms, with or without consideration, as it may determine:
(a) Dedicate, sell, convey or lease any of its property to a housing authority or the federal government.
(b) Cause parks, playgrounds, recreational, community, educational, water, sewer or drainage facilities, or any other works which it may otherwise undertake, to be furnished adjacent to or in connection with housing projects.
(c) Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks or other places which it may otherwise undertake.
(d) Plan or replan, zone or rezone any part of such state public body and make exceptions from building regulations and ordinances. Any city or town also may change its map.
(e) Enter into agreements with a housing authority or the federal government respecting action to be taken by such state public body pursuant to any of the powers granted by ORS 456.305 to 456.325.
(f) Do any and all things, necessary or convenient to aid and cooperate in the planning, undertaking, construction or operation of such housing projects.
(g) Purchase or legally invest in any of the bonds of a housing authority and exercise all the rights of any holder of such bonds.
(2) With respect to any housing project which a housing authority has acquired or taken over from the federal government and which the housing authority by resolution has found and declared to have been constructed in a manner that will promote the public interest and afford necessary safety, sanitation and other protection, no state public body shall require any changes to be made in the housing project or the manner of its construction or take any other action relating to such construction.
(3) In connection with any public improvements made by a state public body in exercising the powers granted in this section, a state public body may incur the entire expense thereof. [Amended by 2003 c.14 §288]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.320 - Donations and loans to housing authority.

(1) When any housing authority becomes authorized to transact business and exercise its powers, the governing body of the city, town or county, as the case may be, shall immediately make an estimate of the amount of money necessary for the administrative expenses and overhead of the housing authority during the first year thereafter, and shall appropriate such amount to the authority out of any moneys in such city, town or county treasury not appropriated to some other purposes. The moneys so appropriated shall be paid to the authority as a donation.
(2) Any city, town, municipality or county located in whole or in part within the area of operation of a housing authority may lend or donate money to the authority or agree to take such action. The housing authority, when it has money available therefor, shall make reimbursements for all loans made to it. The authority may enter into agreement with the donor setting forth the purposes for which the donation may be used and the conditions under which such donation must be restored to the donor. [Amended by 1977 c.341 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.325 - Resolution to exercise powers.

The exercise by a state public body of the powers granted in ORS 456.305 to 456.325 may be authorized by resolution of the governing body of such state public body adopted by a majority of the members of its governing body present at a meeting of the governing body. This resolution may be adopted at the meeting at which it is introduced. Such a resolution shall take effect immediately and need not be laid over or published or posted.