reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.581 - Uses of Manufactured Dwelling Parks Account; rules.

The Manufactured Dwelling Parks Account established in ORS 456.579 shall be used by the Housing and Community Services Department to provide:
(1) Technical assistance to tenants’ associations, manufactured dwelling park nonprofit cooperatives, tenants’ association supported nonprofit organizations and housing authorities and to help tenants in activities related to the purchase or preservation of a mobile home park or a manufactured dwelling park by a tenants’ association, a manufactured dwelling park nonprofit cooperative, a tenants’ association supported nonprofit organization, a housing authority or a corporate entity legally capable of purchasing real property that is formed by or associated with tenants pursuant to ORS 90.844.
(2) By rule, loans for initial costs for purchasing a mobile home park or manufactured dwelling park or the development of infrastructure for a newly purchased park that the department determines has a significant percentage of tenants who are individuals of lower income or who have been displaced by the recent closure of an existing park. Loans provided under this section may be made only if the department is of the opinion that the purchase is economically feasible and only to:
(a) A tenants’ association, a manufactured dwelling park nonprofit cooperative, a tenants’ association supported nonprofit organization or a housing authority; or
(b) A corporate entity legally capable of purchasing real property that is formed by or associated with tenants pursuant to ORS 90.844 and that includes more than 50 percent of the tenants residing in the park. [1989 c.919 §2; 1999 c.222 §3; 2007 c.607 §14; 2014 c.89 §15; 2019 c.595 §16]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.582 - Prohibited acts; civil penalty.

(1) No person, either personally or by an agent, shall:
(a) Make any material omission or false statement in the application for a single-family residential loan financed by the Housing and Community Services Department; or
(b) Sell, rent or fail to occupy as a primary residence a single-family residence subject to an outstanding residential loan financed by the Housing and Community Services Department without the express written permission of the Housing and Community Services Department.
(2) In addition to any other penalties provided by law and in addition to any other powers of the Director of the Housing and Community Services Department, the director may impose a civil penalty for violation of any of the provisions of subsection (1) of this section. No civil penalty shall exceed $5,000 per violation.
(3) Civil penalties under this section shall be imposed as provided in ORS 183.745.
(4) All penalties recovered shall be paid into the Housing Finance Fund established under ORS 456.720. [1979 c.327 §§23,24; 1989 c.706 §16; 1991 c.734 §31]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.587 - Electricity Public Purpose Charge Fund; Low-Income Electric Bill Payment Assistance Fund.

(1) The Housing and Community Services Department Electricity Public Purpose Charge Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Housing and Community Services Department Electricity Public Purpose Charge Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Housing and Community Services Department to be used for purposes specified in ORS 757.612 (3)(b)(D).
(2) The Housing and Community Services Department Low-Income Electric Bill Payment Assistance Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Housing and Community Services Department Low-Income Electric Bill Payment Assistance Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Housing and Community Services Department for purposes described in ORS 757.698. [2007 c.217 §8; 2021 c.536 §6; 2021 c.547 §21]
Note:
456.587 was enacted into law by the Legislative Assembly but was 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 456.589 - Legislative findings.

The Legislative Assembly finds that cities with a population of 300,000 or more suffer from a lack of available mortgage financing for the purchase of single-family homes in the core and inner areas of those cities. There is a need for low-cost mortgage financing for single-family home purchasers in order to prevent urban decay and blight and to promote the economic well being of those core and inner areas. [1979 c.327 §30]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.593 - Use of bonds for single-family home loans in Portland; amount; income and area limits; fees and charges.

(1) As used in this section, unless the context requires otherwise, "city" means any city with a population of 300,000 or more.
(2) Notwithstanding any of the provisions of ORS 456.548 to 456.725 to the contrary:
(a) Of the $2.5 billion bond authorization under ORS 456.661, the aggregate principal amount of not to exceed $30 million is to be made available exclusively for making or participating in making residential loans for detached single-family homes, including lots described in ORS 92.840, in any city.
(b) The bonds under paragraph (a) of this subsection may be sold as a part of the Housing and Community Services Department’s overall nongeneral obligation bond issues under ORS 456.548 to 456.725, or separate issues totaling no more than $30 million in an aggregate principal amount may be sold by the department as required and requested by a city. The bonds need not be identified by individual loans or transactions but may include any number of individual loans or transactions or purposes within any single issue.
(c) The department may use moneys received under paragraph (b) of this subsection to purchase, service, sell and make commitments to purchase, service and sell residential loans meeting all of the requirements of this paragraph. The loans must be:
(A) Originated by private lending institutions or any individual or organization authorized by law to make those loans, for residential housing;
(B) For owner-occupied detached single-family housing, which may include but is not limited to lots described in ORS 92.840;
(C) For properties located within an area of a city where the median income is below the city’s median family income; and
(D) To persons whose annual income for the current and the immediately preceding year does not exceed 105 percent of the prevailing median income for families within that city.
(d) Areas eligible under paragraph (c) of this subsection shall be identified by ordinance of the governing body of that city. That city shall have sole discretion to designate one or more of those areas, and the proportionate or approximate actual amount of single-family residential loans to be made in those areas.
(e) Fees or charges pursuant to ORS 456.625 (3) shall be assessed or collected in connection with, or for, any loan, advance, insurance, loan commitments or servicing, by the department under this section only after consultation with the city. [1979 c.327 §§31,32; 1981 c.504 §5; 1995 c.79 §249; 1999 c.698 §1; 2003 c.743 §1; 2005 c.643 §1; 2007 c.607 §15]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.594 - Definitions.

As used in ORS 456.594 to 456.599:
(1) "Cash payment" means a payment made by the Housing and Community Services Department to the dwelling owner or to the contractor on behalf of the dwelling owner for energy conservation measures.
(2) "Contractor" means a person that installs or assists a dwelling owner to install energy conservation measures in a dwelling.
(3)(a) "Dwelling" means real or personal property within the state inhabited as the principal residence of a dwelling owner or a tenant.
(b) "Dwelling" includes a manufactured dwelling as defined in ORS 446.003, a floating home as defined in ORS 830.700 and a single unit in multiple-unit residential housing.
(c) "Dwelling" does not include a recreational vehicle as defined in ORS 174.101.
(4) "Dwelling owner" means the person:
(a) Who has legal title to a dwelling, including the mortgagor under a duly recorded mortgage of real property, the trustor under a duly recorded deed of trust or a purchaser under a duly recorded contract for the purchase of real property; and
(b) Whose dwelling receives space heating primarily from a fuel oil dealer.
(5) "Energy conservation items" includes but is not limited to air sealing, weatherstripping, ceiling and wall insulation, crawl space insulation, vapor barrier materials, programmable thermostats, insulation of heating ducts and water pipes in unheated spaces, and replacement windows.
(6)(a) "Energy conservation measures" includes the installation of energy conservation items and the energy conservation items installed, where the items are primarily designed to improve the space heating and energy utilization efficiency of a dwelling.
(b) "Energy conservation measures" does not include the dwelling owner’s own labor.
(7) "Fuel oil dealer" means a person, association, corporation or other form of organization that supplies fuel oil at retail for the space heating of dwellings.
(8) "Person" means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, political subdivision, municipal corporation, government agency, people’s utility district, or any other entity, public or private, however organized.
(9) "Petroleum supplier" means a petroleum refiner in this state or any person engaged in the wholesale distribution of distillate fuel oil in this state.
(10) "Residential customer" means a dwelling owner or tenant who is billed by a fuel oil dealer for fuel oil service received at the dwelling.
(11) "Space heating" means the heating of living space within a dwelling.
(12) "Tenant" means a tenant as defined in ORS 90.100 or any other tenant. [Formerly 469.673; 2019 c.422 §32]
Note:
456.594 to 456.599 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 456.595 - Petroleum supplier assessment; computation; effect of failure to pay; interest.

(1) Each petroleum supplier shall annually pay to the Housing and Community Services Department its share of a petroleum supplier assessment.
(2) Moneys received by the department under this section shall be deposited in the Oil-Heated Dwellings Energy Account to be used only to fund:
(a) Provision by the department of information, assistance and technical advice to residential customers of fuel oil dealers, including information about energy conservation measures and home energy audits as that term is defined in ORS 469.703;
(b) Cash payments to a dwelling owner or contractor for energy conservation measures; and
(c) The administration and enforcement of ORS 456.594 to 456.599.
(3) The amount of the assessment required by subsection (1) of this section shall be determined by the Director of the Housing and Community Services Department in a manner consistent with the method prescribed in ORS 469.421. The aggregate amount of the assessment shall not exceed $400,000. In making this assessment, the director shall exclude all gallons of distillate fuel oil sold by petroleum suppliers that are subject to the requirements of Article IX, section 3a, of the Oregon Constitution, or ORS 319.020 or 319.530.
(4) If any petroleum supplier fails to pay any amount assessed to it under this section within 30 days after the payment is due, the Attorney General, on behalf of the Housing and Community Services Department, may institute a proceeding in the circuit court to collect the amount due.
(5) Interest on delinquent assessments shall be added to and paid at the rate of one and one-half percent of the payment due per month or fraction of a month from the date the payment was due to the date of payment.
(6) The assessment required by subsection (1) of this section is in addition to any assessment required by ORS 469.421 (8), and any other fee or assessment required by law. [Formerly 469.681]
Note:
See note under 456.594.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.597 - Oil-Heated Dwellings Energy Account.

(1) The Oil-Heated Dwellings Energy Account is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oil-Heated Dwellings Energy Account shall be credited to the account.
(2) Moneys in the Oil-Heated Dwellings Energy Account are continuously appropriated to the Housing and Community Services Department to be used only for the purposes specified in ORS 456.595 (2).
(3) The department shall keep a record of all moneys deposited in the Oil-Heated Dwellings Energy Account. [Formerly 469.683]
Note:
See note under 456.594.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.601 - Statewide housing production dashboard; rules.

(1) The Housing and Community Services Department may adopt rules to implement this section and ORS 456.602.
(2) On an annual basis the Housing and Community Services Department shall update a publicly available statewide housing production dashboard.
(3) The dashboard shall include, for each city with a population of 10,000 or greater, as defined in ORS 184.451:
(a) Progress toward housing production targets in ORS 184.455 (2); and
(b) A comparative analysis of progress in comparison to the region and other local governments with similar market types.
(4) Information in the dashboard must be based on:
(a) Inventory of publicly supported housing, as defined in ORS 456.250, that is maintained by the department; and
(b) Information submitted to the department under ORS 197A.110 (3). [2023 c.13 §4; 2023 c.326 §4]
Note:
456.601 and 456.602 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 456.602 - Statewide housing equity indicators.

(1) On an annual basis the Housing and Community Services Department shall update publicly available statewide housing equity indicators.
(2) The indicators shall include, for each city under ORS 456.601, quantifiable data, to the extent that the department can determine, define or estimate it, displaying:
(a) Housing outcomes, such as cost burden and availability of housing units to own or to rent, and housing condition for various demographics, including race or ethnicity, disability status, English proficiency and age;
(b) Housing types produced and overall land efficiency of existing and new housing;
(c) New housing units built to standards, as defined by the Department of Consumer and Business Services by rule, relating to accessibility and visitability;
(d) Risk of gentrification and displacement;
(e) Housing segregation by race and income;
(f) Environmentally just housing outcomes, informed by the environmental justice mapping tool, developed by the Environmental Justice Council under ORS 182.555;
(g) Residential tenants who spend more than 50 percent of their household income on gross rent for housing; and
(h) Other measurable factors or indicators identified by the department. [2023 c.13 §5; 2023 c.283 §6; 2023 c.326 §5]
Note:
See note under 456.601.
Note:
Section 6 (3), chapter 13, Oregon Laws 2023, provides:
Sec. 6.
(3) No later than January 1, 2025, the Housing and Community Services Department shall:
(a) Publish the statewide housing production dashboard under section 4, chapter 13, Oregon Laws 2023 [456.601]; and
(b) Publish statewide housing equity indicators under section 5, chapter 13, Oregon Laws 2023 [456.602]. [2023 c.13 §6(3); 2023 c.326 §6(3)]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.603 - Public meeting for severely rent-burdened cities; rules.

In any year in which a housing indicator demonstrates that least 25 percent of the renter households in a city are severely rent burdened under ORS 456.602 (2)(g), the governing body of the city shall hold at least one public meeting to discuss the causes and consequences of severe rent burdens within the city, the barriers to reducing rent burdens and possible solutions. The Housing and Community Services Department may adopt rules governing the conduct of the public meeting. [Formerly 456.586]
Note:
456.603 was enacted into law by the Legislative Assembly but was 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 456.605 - Mortgage credit certificate program.

(1) The Housing and Community Services Department may establish and implement mortgage credit certificate programs to make available income tax credits for indebtedness incurred on acquisition, improvement or rehabilitation of a principal residence. Under this program, the department may issue tax credit certificates to persons and families with incomes equal to or lower than the median family income limits established by the department.
(2) If the department elects to issue federal income tax credit certificates, the director shall certify that each mortgage credit certificate program meets the requirements of Section 25 of the Internal Revenue Code as amended and in effect on December 31, 1996. The department shall make the determination of the amount of qualified mortgage bonds that will not be issued so as to allow the issuance of mortgage credit certificates.
(3) If the Director of the Housing and Community Services Department determines that the mortgage credit certificate program is not effective with the median family income limitation established in subsection (1) of this section, the director may issue tax credit certificates to persons and families with incomes up to a percent of median family income determined appropriate by the Emergency Board, if the person or families otherwise qualify for the program. [1985 c.501 §2; 1995 c.556 §44; 1997 c.839 §67; 2023 c.416 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.607 - Definitions.

As used in this section and ORS 456.608:
(1) "Landlord" means an owner of a dwelling unit that has entered into a rental or lease agreement with a tenant.
(2) "Low income household" means a household of one or more individuals whose combined incomes are at or below 60 percent of the area median income and includes, but is not limited to, a household of one or more individuals who are homeless or at risk of becoming homeless.
(3) "Tenant" means an individual or a family who has or will be entering into a rental or lease agreement with a landlord. [2017 c.659 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.609 - Rent Guarantee Program Fund.

(1) The Rent Guarantee Program Fund is established within the State Treasury, separate and distinct from the General Fund. Interest earned by the Rent Guarantee Program Fund shall be credited to the fund.
(2) Moneys in the Rent Guarantee Program Fund shall consist of:
(a) Amounts donated to the fund;
(b) Amounts appropriated or otherwise transferred to the fund by the Legislative Assembly;
(c) Amounts received from state or federal sources to be deposited into the fund;
(d) Income derived from moneys in the fund; and
(e) Other amounts deposited in the fund from any source.
(3) Moneys in the fund are continuously appropriated to the Housing and Community Services Department to carry out the provisions of ORS 456.608.
(4) The department may use moneys in the fund to pay the administrative costs associated with the fund and with implementing and maintaining the Rent Guarantee Program under ORS 456.608. [2017 c.659 §3]
Note:
See note under 456.607.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.612 - Declaration of financing purpose.

The Legislative Assembly finds and declares that the primary purpose of financing by the Housing and Community Services Department is to provide affordable housing for persons and families of lower income. [2001 c.738 §1; 2007 c.607 §16]
Note:
456.612 was enacted into law by the Legislative Assembly but was 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 456.615

[1973 c.828 §4; 1975 c.154 §1; 1979 c.60 §1; 1979 c.327 §4; 1981 c.504 §6; 1981 c.691 §1; 1987 c.414 §18; 1991 c.738 §1; 1991 c.739 §9; 1995 c.79 §250; 1997 c.302 §1; 2001 c.738 §2; 2003 c.743 §2; 2007 c.607 §17; 2007 c.783 §232e; renumbered 456.548 in 2007]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.620 - Duties of department in carrying out housing programs.

In carrying out housing programs, the Housing and Community Services Department shall:
(1) With the approval of the Oregon Housing Stability Council, adopt standards for the planning, development and management of housing projects for which qualified housing sponsors receive all or a portion of any required financing under ORS 456.548 to 456.725, for audits and inspections to determine compliance with such standards and adopt criteria for the approval of qualified housing sponsors under ORS 456.548 to 456.725.
(2) Adopt criteria by which the department may approve or disqualify qualified housing sponsors.
(3) Enter into agreements with qualified housing sponsors to regulate the planning, development and management of housing projects constructed with the assistance of the department under ORS 456.548 to 456.725.
(4) With the approval of the council, establish maximum household income limits for all or a portion of the units in housing projects, including housing developments or other residential housing, financed in whole or in part by the department. The department may finance only the portion of housing projects consisting of units rented to households with an income below 120 percent of the area median income, as defined in ORS 458.610. The department shall, by rule, adopt a methodology for allocating the affordable housing portion of a housing project’s shared costs, including infrastructure and parking. For a housing project financed by the department, the council may establish a minimum ratio or number of units that will be rented to households with an income below 120 percent of the area median income. If the income level in any unit exceeds 120 percent of the area median income, the department shall, to the extent practicable, require that the project, development or other housing financed by the department have a percentage of low income units that is higher than the minimum percentages established in ORS 456.120 (19) for projects financed by local housing authorities or income limitations that are lower than the limits described in ORS 456.120 (19) or a combination thereof. Income limits for department programs administered on a statewide basis may be established by reference to the area median income. This subsection does not restrict the acquisition of manufactured dwelling parks.
(5) With the approval of the council, ensure that financing is provided in the department’s programs for manufactured housing and for the purchase of lots described in ORS 92.840 by manufactured dwelling park tenants. [1973 c.828 §5; 1979 c.60 §2; 1979 c.327 §5; 1985 c.501 §4; 1991 c.739 §11; 1993 c.511 §4; 1995 c.79 §251; 1995 c.735 §1; 2001 c.738 §3; 2003 c.743 §3; 2015 c.180 §11; 2021 c.55 §3; 2023 c.416 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.623 - Project funding notification registry.

(1) The Housing and Community Services Department shall establish a registry system for persons requesting to be notified when department-proposed funding awards are contemplated for multifamily housing projects.
(2) Any person may register with the department to receive the notification described in subsection (1) of this section. A person may request notification for multifamily housing projects on a statewide basis or may limit the request to projects within specific areas of the state as identified by the department. The department may charge a reasonable fee for the registration.
(3) If the department proposes funding for a multifamily housing project, the department shall send written notice of the funding proposal to all persons who are at that time registered to receive the notice under this section. The department may send notice to persons the department believes may be interested but who are not registered to receive notice. The department shall not proceed with awarding funding for a multifamily housing project prior to the 30th day after the sending of notice to all persons entitled under this subsection to notice of the funding proposal.
(4) Notice sent under this section shall be limited to stating the deadline for filing comments and the type of housing, number of units, sponsor and location of the proposed project. The notice shall not include any information made exempt from public disclosure under ORS 192.355 (24).
(5) During the period after the department proposes funding for a multifamily housing project and prior to the department proceeding with awarding the funding, any interested person may file comments regarding the project with the department.
(6) At the discretion of the Director of the Housing and Community Services Department, the department may conduct a market study or take other actions in response to comments filed in regard to multifamily housing projects proposed for funding.
(7) Subsections (3), (5) and (6) of this section apply only to multifamily housing project funding for construction, acquisition or rehabilitation loans, grants or tax program awards that otherwise do not include an independently prepared, project-specific market study as part of the department review, approval or underwriting process.
(8) As used in this section, "housing project" has the meaning given that term in ORS 456.065. [1999 c.471 §1; 2007 c.152 §4]
Note:
456.623 was enacted into law by the Legislative Assembly but was 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 456.627 - Limitations on department to make single-family residential loans.

Notwithstanding the provisions of ORS 456.625 (7) and except for loans made solely to provide assistance with down payments or closing costs, the Housing and Community Services Department may not make any single-family residential loan directly to any individual unless the Legislative Assembly or Emergency Board finds that private lending institutions are unwilling or unable to participate in the department’s single-family residential loan programs or portions of those programs under ORS 456.548 to 456.725. [1981 c.504 §12; 1995 c.79 §253; 2023 c.193 §17]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.630 - Services to qualified sponsors and institutions.

The Housing and Community Services Department may provide qualified housing sponsors and lending institutions with advisory, consultative training and educational services as necessary to assist those sponsors. For purposes of this section, advisory and other services include, but are not limited to:
(1) Technical and professional planning assistance;
(2) Technical assistance for forming and operating manufactured dwelling park nonprofit cooperatives;
(3) Preparation and promulgation of organizational planning and development guidelines;
(4) Consultation services;
(5) Training courses, seminars and lectures; and
(6) Other services or materials for assistance of qualified housing sponsors in the planning, development and management of housing projects under ORS 456.548 to 456.725. [1973 c.828 §7; 1995 c.79 §254; 2007 c.607 §19]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.635 - Commitments on residential loans.

(1) In order to provide additional permanent financing for housing for persons and families of lower income and for manufactured dwelling park tenant purchases of lots described in ORS 92.840, the Housing and Community Services Department may make commitments to purchase and purchase, insure, service and sell residential loans held by lending institutions for persons and families of lower income in this state and for manufactured dwelling park tenant purchases of lots described in ORS 92.840. The department may purchase from lending institutions securities backed by residential loans.
(2) Any commitment made by the department subject to subsection (1) of this section shall be based upon an agreement with the lending institution that the proceeds received by the lending institution from the sale of such loans to the department shall be used by the lending institution only for the financing of residential housing for persons and families of lower income in this state, including the financing of newly originated residential loans, or for the financing of loans for the purchase of lots described in ORS 92.840 by manufactured dwelling park tenants, provided the loans are made after the date of the department’s commitment. [1973 c.828 §8; 1979 c.60 §4; 1979 c.327 §7; 2003 c.743 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.640 - Purchase of residential loans.

(1) The Housing and Community Services Department shall prescribe a form for the application by a lending institution for the purchase of newly originated or other existing residential loans by the department under ORS 456.635.
(2) Prior to the submission by it of an application for the purchase by the department of existing residential loans under ORS 456.635, a lending institution may request the reservation by the department of funds.
(3) The department may grant a reservation of funds in such amount and subject to such conditions as it considers necessary under ORS 456.548 to 456.725.
(4) Upon the decision by the department to purchase residential loans under ORS 456.635, the department shall issue a binding letter of commitment subject to such terms and conditions as the department considers necessary. The letter of commitment shall be binding upon the department as of the date of its execution subject to the terms and conditions, if any, included therein. [1973 c.828 §§9,10; 1979 c.60 §5; 1979 c.327 §8; 1995 c.79 §255]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.645 - Revenue bonds.

(1) The State Treasurer, at the request of the Housing and Community Services Department, from time to time, may issue and sell bonds in the name of and on behalf of the State of Oregon in compliance with the applicable provisions of ORS chapter 286A in the principal amount the department considers necessary to carry out the purposes of ORS 456.548 to 456.725, or for paying or refunding any bonds previously issued by the department for such purposes.
(2) All bonds shall be special revenue obligations of the State of Oregon, and, unless paid from the proceeds of other bonds, shall be payable as to principal, redemption premium, if any, and interest, solely from the revenues, assets or funds in the Housing Finance Fund as may be pledged therefor, subject to existing agreements with the holders of any bonds, in accordance with any housing finance bond declaration. Bonds may be paid from any source available under ORS 456.515 to 456.725, including but not limited to:
(a) From the income and revenues of the housing project or projects financed with the proceeds from the sale of such bonds or with such proceeds together with other moneys available to the department under ORS 456.548 to 456.725 or other moneys or grants from the federal government in aid of such projects.
(b) From the income and revenues of certain designated housing projects, whether or not financed with the proceeds from the sale of such bonds, if such housing projects were financed with moneys available to the department under ORS 456.515 to 456.725.
(c) From funds held in a capital or other reserve account.
(d) From such other funds as deemed adequate in fulfilling the purposes of ORS 456.515 to 456.725.
(e) From the revenues of the department under ORS 456.515 to 456.725, generally.
(3) The department shall maintain accounting records and shall prepare annual financial statements for distribution to existing and potential bond purchasers. [1973 c.828 §11; 1975 c.154 §2; 1979 c.327 §9; 1981 c.660 §39; 1983 c.519 §3; 1995 c.79 §256; 2007 c.783 §200]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.661 - Limitation on revenue bond amount; legislative findings; designation of areas for issuance of qualified mortgage bonds.

(1) The aggregate principal amount of bonds issued under ORS 456.645 that may be outstanding is $2.5 billion, excluding bonds issued under and within the limits provided in ORS 456.515 to 456.725 and any bonds that have been refunded. The amount of $30 million of the total $2.5 billion of bonds authorized under this section or proceeds from the sale of the bonds shall be made exclusively available for making or participating in making residential loans for single-family homes in cities with a population of 300,000 or more in the manner specified in ORS 456.593. No more than $10 million of the bonds authorized under this section or proceeds from the sale of the bonds shall be made available for residential loans for home improvements.
(2) ORS 286A.095 applies for purposes of determining limitations under this section.
(3) The Legislative Assembly finds that:
(a) Pursuant to ORS 456.515 to 456.725, the Housing and Community Services Department has served as the sole department or instrumentality of the state authorized to coordinate and establish statewide priorities for housing programs and to provide planning and technical assistance to sponsors of housing for persons and families of lower income throughout the state.
(b) The department’s activities have been instrumental in alleviating the serious shortage of decent, safe and sanitary housing for lower income persons.
(c) Continuation of the department’s programs for financing owner-occupied residential housing to the fullest extent practicable under the Internal Revenue Code is a matter of paramount concern to the state.
(4) The department shall designate areas of chronic economic distress within the state for the purpose of issuing qualified mortgage bonds as described in section 143 of the Internal Revenue Code. [1979 c.327 §11 (enacted in lieu of 456.660); 1981 c.504 §8; 1981 c.691 §3; 1985 c.205 §1; 1995 c.79 §258; 1999 c.698 §2; 2001 c.114 §51; 2005 c.643 §2; 2007 c.783 §201]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.665 - Status of revenue bonds; negotiability; interest tax-exempt.

(1) Neither the State Treasurer, the Director of the Housing and Community Services Department, the Oregon Housing Stability Council nor any officer or employee of the Housing and Community Services Department shall be liable personally on any bonds issued under ORS 456.515 to 456.725 by reason of the issuance thereof.
(2) All obligations issued by the State Treasurer under ORS 456.548 to 456.725 shall not constitute a debt, liability or general obligation of this state or any political subdivision thereof or a pledge of the faith and credit of this state or any such political subdivision, but shall be payable solely from the revenues or assets of the department acquired pursuant to ORS 456.548 to 456.725. Each obligation issued under ORS 456.548 to 456.725 shall contain on the face thereof a statement that the department shall not be obligated to pay the same nor the interest thereon except from the revenues or assets pledged therefor and that neither the faith and credit nor the taxing power of this state or any political subdivision thereof is pledged to the payment of the principal of or the interest on such obligation.
(3) All bonds issued by the State Treasurer under ORS 456.548 to 456.725 shall be fully negotiable.
(4) The interest upon all bonds, including refunding bonds, issued by the State Treasurer under ORS 456.548 to 456.725 shall be exempt from personal income taxation in the State of Oregon. [1973 c.828 §15; 1979 c.327 §17a; 1981 c.23 §3; 1983 c.519 §6; 1987 c.414 §19; 1995 c.79 §259; 2015 c.180 §13]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.670 - Bond maturity; execution.

Bonds issued by the State Treasurer shall mature at the time or times not exceeding 47 years from the date of issue as shall be stated in the housing finance bond declaration. Notwithstanding the provisions of any other law, the rates of interest payable and discount, if any, with respect to bonds issued under ORS 456.548 to 456.725 shall be determined by the State Treasurer, upon the advice of the department. The bonds shall be executed in the manner set forth in ORS chapter 286A. [1973 c.828 §16; 1975 c.154 §4; 1979 c.327 §12; 1981 c.23 §4; 1981 c.660 §41; 1983 c.519 §7; 1995 c.79 §260; 2005 c.74 §5; 2007 c.783 §202]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.680 - Purchase of bonds by department.

Except as otherwise provided in the operative documents, the Housing and Community Services Department may acquire outstanding bonds issued on behalf of the department, as provided in ORS 286A.123 (1), out of moneys described in ORS 286A.123 (3) or other moneys of the department legally available for the purpose under ORS 456.515 to 456.725. If the outstanding bonds are redeemable at the time of acquisition, the department must pay a reasonable price that does not exceed the applicable redemption price plus accrued interest to the date of redemption. [1973 c.828 §18; 1995 c.79 §262; 2009 c.537 §10]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.685 - Bondholders’ remedies.

(1) If the Housing and Community Services Department defaults in the payment of the principal or interest due upon a bond, whether at maturity or upon call for redemption and such default continues for a period of 30 days thereafter or if the department fails or refuses to comply with any agreement with the bondholders or any other provision of ORS 456.548 to 456.725, the holders of 25 percent in aggregate principal amount of bonds then outstanding may instruct the trustee to represent them as provided in subsection (2) of this section by filing an appropriate instrument that is acknowledged in the manner provided for the acknowledgment of deeds in this state with the county clerk for Marion County.
(2) A trustee appointed pursuant to subsection (1) of this section may:
(a) Enforce all rights of the bondholders under ORS 456.548 to 456.725 or any agreement with the department by appropriate proceedings.
(b) Bring suit upon such bonds.
(c) By appropriate proceeding, require the department to account.
(d) By appropriate judicial proceedings, enjoin any act of the department that is in violation of ORS 456.548 to 456.725 or in violation of any agreement with the bondholders.
(e) Exercise any powers necessary or appropriate for the exercise of any functions under this section or otherwise incidental to the general representation of the bondholders in the enforcement and protection of their rights. [1973 c.828 §19; 1995 c.79 §263]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.695 - Housing required to comply with land use plans, zoning and other ordinances.

All housing units or projects for which funds are advanced, loaned or otherwise provided by the Housing and Community Services Department under ORS 456.515 to 456.725 and ORS chapter 458 must be in compliance with any interim comprehensive land use plan or comprehensive land use plan and zoning, subdivision and other ordinances and regulations and laws of this state applicable to the lands upon which such projects are to be constructed; or, if an interim comprehensive land use plan or comprehensive land use plan is not in effect with respect to such lands, such units or projects must be in compliance with generally accepted land use planning standards. [1973 c.828 §21; 1995 c.79 §264]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.697 - Restrictions on use of financing provided by department; regulation of housing sponsor; security interests.

(1) Not more than 50 percent of the total amount of any financing provided by the Housing and Community Services Department for a particular housing development may be used to finance commercial, recreational, industrial, communal or educational facilities. Profits from incidental elements shall be applied to loans due under ORS 456.548 to 456.725.
(2) A limited dividend housing sponsor shall be restricted as to distribution of income and shall be regulated as to rents, charges, rate of return and methods of operation as the department determines necessary to carry out the purposes of ORS 456.548 to 456.725.
(3) Not more than 50 percent of the total amount of any financing provided by the department for a particular residential housing development may be used to finance nonhousing facilities.
(4) An insured or guaranteed residential loan need not be secured by a first mortgage on real property but, unless the loan is to a manufactured dwelling park nonprofit cooperative, shall be secured by a security interest of first priority. If the insured or guaranteed loan is to a manufactured dwelling park nonprofit cooperative, the loan shall be secured by a security interest of first or second priority. [2007 c.607 §9]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.700 - Pledge and lien.

Any pledge, commitment or reservation of funds made by the Housing and Community Services Department under ORS 456.515 to 456.725 is valid and binding from the date on which the pledge was executed as provided in ORS 286A.102. The lien of the pledge is valid and binding as against all parties having any claims in tort, contract or otherwise against the department whether or not the parties have notice of the lien. [1973 c.828 §22; 1977 c.32 §2; 1995 c.79 §265; 2007 c.783 §203]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.705 - Servicing loans.

For the servicing of any residential, manufactured dwelling, manufactured dwelling park or manufactured dwelling park nonprofit cooperative loan made or acquired by the Housing and Community Services Department under ORS 456.515 to 456.725 and ORS chapter 458 the department may:
(1) Provide for servicing of the loan by its own staff.
(2) Contract with the Director of Veterans’ Affairs for the performance of servicing functions for the loan.
(3) For loans purchased by the department under ORS 456.635, contract with the lending institution selling such loans or any other lending institution for the servicing of such loans, subject to such terms and conditions as the department considers necessary to protect the interests of the department in such loans. The department may provide for the payment of such fees for servicing performed by a lending institution under this subsection as it considers necessary. [1973 c.828 §23; 1979 c.60 §8; 1979 c.327 §15; 1995 c.79 §266; 2007 c.607 §21]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.710 - Department advances to qualified housing sponsors.

(1) The Housing and Community Services Department may use moneys in the Housing and Community Services Department Fund to make noninterest-bearing advances to qualified nonprofit housing sponsors or interest-bearing advances to other qualified housing sponsors for use in payment by such sponsors of the development costs of proposed housing units or projects. The department may not make any advance under this subsection unless the department may reasonably anticipate that a residential, manufactured dwelling, manufactured dwelling park or manufactured dwelling park nonprofit cooperative loan may be obtained by the qualified housing sponsor for the permanent financing of the proposed housing unit or project.
(2) The proceeds of any advance granted by the department under subsection (1) of this section may be used by the qualified housing sponsor only for the development costs of a proposed housing unit or project or housing development. Each advance so granted shall be repaid in full, by the qualified housing sponsor for which the advance was granted, to the department at the time of the receipt by the housing sponsor of the portion of the loan paid under the initial indorsement of the loan, unless the department extends the repayment period. The department may not extend the repayment period past the date the qualified housing sponsor receives the portion of the loan paid on final indorsement of the loan. [1973 c.828 §24; 1979 c.60 §9; 1981 c.691 §5; 2007 c.607 §22; 2023 c.193 §20]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 456 - Housing › Section 456.715 - Insurance of loans.

(1) The Housing and Community Services Department may insure residential, manufactured dwelling, manufactured dwelling park and manufactured dwelling park nonprofit cooperative loans or obtain reinsurance on such loans. All such loans shall be used only to provide residential housing for persons and families of lower income and the insured must agree to any restrictions placed upon such residential housing by the department. The department may establish dedicated accounts within the Housing Finance Fund to provide reserves against losses in connection with that insurance.
(2) All applications for residential loan insurance under subsection (1) of this section shall be made on such forms and accompanied by such application fee as the department may prescribe.
(3) The department shall notify the applicant of its determinations and the approval or denial of the application.
(4) Notwithstanding subsection (1) of this section, the department may insure loans for manufactured dwelling units, manufactured dwelling parks and manufactured dwelling park nonprofit cooperatives if the department determines that the unit, park or cooperative has a significant percentage of residents who are persons of lower income. [1973 c.828 §§25,26; 1979 c.60 §10; 1979 c.327 §16; 2007 c.607 §23]