reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 310 - SUBSIDIZED DEVELOPMENT VISITABILITY › Section 813-310-0100 - Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
At their own expense, applicants, owners or developers of any
				development subject to the rules of this division shall prepare, execute and
				record, in form, manner and content as the Department may require, such
				documents as the Department may require, including but not limited to
				restrictive covenants addressing among other things the development and
				maintenance of visitability standards. In addition to any other rights arising
				thereunder, or otherwise available at law, the Department may withhold the
				reimbursement of development subsidies because of noncompliance with the terms
				of those documents.
Stat. Auth.: ORS 183 &
				  456.514
Stats. Implemented: ORS
				  456.506 -
				  456.514
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 310 - SUBSIDIZED DEVELOPMENT VISITABILITY › Section 813-310-0105 - Effective Date

Current through Register Vol. 63, No. 7, July 1, 2024
The rules in OAR 813-310 become operative July 1,
				2004.
Stat. Auth.: ORS 183 &
				  456.514
Stats. Implemented: ORS
				  456.506 -
				  456.514
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 310 - SUBSIDIZED DEVELOPMENT VISITABILITY › Section 813-310-0110 - Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may waive or modify any requirement of OAR
				813-310, unless such waiver or modification would violate applicable state or
				federal statutes or regulations.
Stat. Auth.: ORS 183 &
				  456.514
Stats. Implemented: ORS
				  456.506 -
				  456.514
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 330 - WILDFIRE DAMAGE HOUSING RELIEF PROGRAM (WDHR) [REPEALED] › Section 813-330-0000

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  458.620 &
				  458.667
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 330 - WILDFIRE DAMAGE HOUSING RELIEF PROGRAM (WDHR) [REPEALED] › Section 813-330-0010

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  458.620 &
				  458.667
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 330 - WILDFIRE DAMAGE HOUSING RELIEF PROGRAM (WDHR) [REPEALED] › Section 813-330-0020

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  458.620 &
				  458.667
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 330 - WILDFIRE DAMAGE HOUSING RELIEF PROGRAM (WDHR) [REPEALED] › Section 813-330-0030

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  458.620 &
				  458.667
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 330 - WILDFIRE DAMAGE HOUSING RELIEF PROGRAM (WDHR) [REPEALED] › Section 813-330-0040

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  458.620 &
				  458.667
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 330 - WILDFIRE DAMAGE HOUSING RELIEF PROGRAM (WDHR) [REPEALED] › Section 813-330-0050

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  458.620 &
				  458.667
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 330 - WILDFIRE DAMAGE HOUSING RELIEF PROGRAM (WDHR) [REPEALED] › Section 813-330-0060

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  458.620  & 458.667
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 350 - GENERAL GUARANTEE PROGRAM › Section 813-350-0005 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
OAR chapter 813, division 350 is promulgated to accomplish the
				general purposes of ORS
				456.515 to
				456.725, and more specifically,
				of ORS 456.625(12) and
				456.625(16),
				which respectively authorize the Department to implement actions that the
				Department deems necessary or appropriate to carry out housing and community
				services programs, and to employ certain funds,
inter alia
,
				for loan guarantees. The General Guarantee Program as set forth in this
				Division establishes the process by which the Department may provide such loan
				guarantees to lenders, and lease guarantees to sponsors and leasing companies
				for the development of suitable housing for low and very-low income families
				and individuals including, but not limited to, disabled persons, farmworkers,
				and ex-offenders.
Stat. Auth.: ORS 183, ORS
				  456.555(2)
				  & ORS 456.625(12)(16)
Stats. Implemented: ORS
				  456.625(12)(16)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 350 - GENERAL GUARANTEE PROGRAM › Section 813-350-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Words and terms
			 are used in OAR chapter 813, division 350, consistently with definitions in the
			 Act, in 813-005-0005  and herein.
(2) As used in OAR chapter 813, division 350,
			 unless otherwise indicated by the context:
(a) "Control" means the ownership,
			 management, or maintenance of a housing project;
(b) "Employer(s)" also means relatives,
			 agents, or associations of employers;
(c) "Ex-Offender" means an offender returning
			 to the community from prison or from local control jail sentences.
(d) "Farmworker" means any person working in
			 connection with: cultivating the soil, raising or harvesting any agricultural
			 or aquacultural commodity; catching, netting, handling, planting, drying,
			 grading, storing, or preserving in its unmanufactured state any agriculture or
			 aquaculture commodity; delivering to storage, market, or a carrier for
			 transportation to market, or to processing, any agriculture or aquaculture
			 commodity; forestation or reforestation of land, including but not limited to,
			 the planting, transportation, tubing, precommercial thinning of trees and
			 seedlings, the clearing, pulling, and disposal of brush and slash, and other
			 related activities; or as otherwise determined by the Department in the
			 exercise of its authority;
(e)
			 "Leasing Company" means a bank, finance company, or other person or entity,
			 that in the ordinary course of business, acquires goods or the right to
			 possession and use of goods and transfers the right to possession and use of
			 such goods under a lease;
(f)
			 "Lender" means financial institutions, including but not limited to, state and
			 federal regulated banks, credit unions, savings and loans, savings banks,
			 finance companies, life insurance companies, pension funds, mortgage bankers,
			 and other public or private lending consortiums;
(g) "Low Income" means an individual or
			 household with an adjusted annual household income that is more than 50
			 percent, but less than 80 percent of the area median income, as determined by
			 the Department based on information including, but not limited to data from the
			 United States Department of Housing and Urban Development, with allowances for
			 family size;
(h) "Very-Low Income"
			 means an individual or household with an adjusted annual household income that
			 is 50 percent or less of the area median income, as determined by the
			 Department based on information including, but not limited to data from the
			 United States Department of Housing and Urban Development, with allowances for
			 family size.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 350 - GENERAL GUARANTEE PROGRAM › Section 813-350-0020 - Source of Guarantee Funding

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may provide loan and lease guarantees under this
				Division from:
(1) Unrestricted cash
			 and investments of the Department made available for use as loan and lease
			 guarantees, not needed for operations of the Department and not otherwise
			 determined by the Director to be a necessary or prudent reserve;
(2) Resources made available to the
			 Department for loan and lease guarantees from other financial institutions,
			 including but not limited to, Federal Home Loan Bank and Fannie Mae;
			 and,
(3) Appropriations for this
			 purpose.
Stat. Auth.: ORS 183, ORS
				  456.555(2)
				  & ORS 456.625(12)(16)
Stats. Implemented: ORS
				  456.515 - ORS
				  456.725
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 350 - GENERAL GUARANTEE PROGRAM › Section 813-350-0030 - Eligibility for Guarantees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may provide guarantees for the partial repayment of loans made by
			 lenders to finance the construction, development, acquisition, and/or
			 rehabilitation of, and/or for the partial repayment of leases made by sponsors
			 or leasing companies to facilitate the equipping, development or operation of:
(a) Suitable housing for low and/or very-low
			 income persons and households including, but not limited to, suitable housing
			 for disabled persons, farmworkers, and suitable transitional housing for
			 ex-offenders;
(b) The commercial
			 component of a structure that contains both commercial property and suitable
			 housing for low and/or very-low income individuals and households; or
(c) Both (a) and (b).
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 350 - GENERAL GUARANTEE PROGRAM › Section 813-350-0040 - Application Procedure and Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To obtain a loan or lease guarantee under
			 this Division, a lender, sponsor or leasing company must submit a request for a
			 loan or lease guarantee to the Department, in form and content satisfactory to
			 the Department.
(2) The request
			 must include the following documents and information, all in form and content
			 satisfactory to the Department:
(a) A written
			 description of the project needing credit enhancement including, but not
			 limited to, the number of units, unit mix, proposed rents, site location and
			 amenities;
(b) A statement of the
			 project purpose indicating the housing type and residents to be
			 housed;
(c) A proforma of project
			 expenses and income;
(d) The loan
			 and/or lease guarantee amount requested;
(e) A statement of total project development
			 costs, including a description of all additional project funding and credit
			 enhancement sources;
(f) A
			 description of the sponsor/developer/owner/manager experience in developing and
			 operating housing projects; and
(g)
			 Such other documents and information as the Department may require.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 350 - GENERAL GUARANTEE PROGRAM › Section 813-350-0050 - Criteria for Guarantees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department has no obligation to issue any loan and/or lease guarantee in
			 response to any loan and/or lease guarantee request made pursuant to this
			 Division.
(2) In evaluating whether
			 or not to provide a loan and/or lease guarantee, or the amount of any such
			 guarantee, the Department may consider factors including, but not limited to
			 the following:
(a) The responsiveness and
			 accuracy of the request;
(b) The
			 need of the project for the guarantee;
(c) The availability of other credit
			 enhancement vehicles;
(d) The
			 credit worthiness of the project;
(e) The experience and ability of the project
			 sponsor;
(f) The experience and
			 ability of the lender and/or leasing company;
(g) The location and need for the
			 project;
(h) The availability of
			 Department funds and guarantee authority;
(i) The Department's experience with and/or
			 the reputation of the lender, leasing company and/or sponsor, including without
			 limitation, any of their agents, representatives, employees or
			 contractors;
(j) The amount,
			 quality, and duration of suitable lower income housing to be provided or
			 enabled by the project;
(k) The mix
			 of low and very-low income housing to be provided or enabled; and
(l) Any other information obtained by or made
			 available to the Department.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 350 - GENERAL GUARANTEE PROGRAM › Section 813-350-0060 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A nonrefundable
			 fee of $250.00 must be submitted with each request for a loan and/or lease
			 guarantee.
(2) A lender, sponsor or
			 leasing company receiving a loan or lease guarantee will be charged, and must
			 pay, an annual fee of one percent of the guaranteed amount. Payment shall be
			 remitted to the Department not less than annually as designated by the
			 Department. All fees are nonrefundable.
(3) Line of credit guarantee fees will be
			 based by the Department, and charged, on the total credit line.
(4) The Department may charge other fees, as
			 determined necessary or appropriate by the Department to cover actual and
			 anticipated costs of a guarantee including, without limitation, its issuance
			 and its evaluation, or to reduce the financial risk to the Department of making
			 a guarantee.
Stat. Auth.: ORS 183, ORS
				  456.555(2)
				  & ORS 456.625(12)(16)
Stats. Implemented: ORS
				  456.515 - ORS
				  456.725
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 350 - GENERAL GUARANTEE PROGRAM › Section 813-350-0070 - Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
The Director may waive or modify any requirement of OAR 813,
				Division 350, unless such waiver or modification would violate applicable state
				or federal statutes or regulations.
Stat. Auth.: ORS 183, ORS
				  456.555(2)
				  & ORS 456.625(12)(16)
Stats. Implemented: ORS
				  456.515 - ORS
				  456.725
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 360 - HOUSING CHOICE LANDLORD GUARANTEE PROGRAM (HCLGP) › Section 813-360-0000 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR chapter 813, division 360, of the
				administrative rules is to implement the Housing Choice Landlord Guarantee
				Program (HCLGP) as provided by ORS
				456.375 to
				456.390. Oregon Housing and
				Community Services (OHCS) is designated as the state agency responsible for
				administering HCLGP. The purpose of HCLGP is to provide financial assistance to
				landlords to mitigate damages caused by tenants who have received rental
				assistance under the federal Housing Choice Voucher Program or from a Rehousing
				Initiative.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  456.375 to
				  456.390
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 360 - HOUSING CHOICE LANDLORD GUARANTEE PROGRAM (HCLGP) › Section 813-360-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Terms used throughout this division (OAR 813-360) may be
				defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR
				813-005-0005). Terms used within this division observe those definitions,
				except as defined. For the purposes of this division:
(1) "Application" means a completed
			 application in the form and format prescribed by OHCS submitted by a landlord
			 for HCLGP assistance, inclusive of all required supporting
			 documentation.
(2) "Housing Choice
			 Landlord Guarantee Program" or "HCLGP" means the program administered by OHCS
			 pursuant to this division and ORS
			 456.375 to
			 456.385.
(3) "Housing Choice Voucher Program" is as
			 defined in ORS 456.375(1).
(4) "Landlord" is as defined in ORS
			 90.100.
(5) "Program assistance" or "HCLGP
			 assistance" means eligible reimbursement funding to a landlord by OHCS from the
			 Housing Choice Landlord Guarantee Program Fund in response to a complete
			 application submitted to OHCS.
(6)
			 "Rehousing Initiative" is an Oregon Housing and Community Services program that
			 authorizes resources for rehousing outcomes.
(7) "Rehousing Certificate" is a physical
			 certificate issued to a landlord by a contracted provider with Oregon Housing
			 and Community Services authorizing resources for rehousing outcomes.
(8) "Tenant" is as defined in ORS
			 90.100.
Statutory/Other Authority: ORS
				  456.555 & ORS
				  456.378(5)
Statutes/Other Implemented: ORS
				  456.375 to
				  456.390 & Chapter 57, 2021
				  Oregon Laws
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 360 - HOUSING CHOICE LANDLORD GUARANTEE PROGRAM (HCLGP) › Section 813-360-0020 - Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OHCS will
			 provide HCLGP administration or, in its sole discretion, may contract with a
			 public or private provider for the administration of HCLGP. OHCS is not subject
			 to the provisions of ORS Chapter 279A or 279B in procuring or executing such a
			 contract.
(2) If OHCS contracts for
			 the administration of the HCLGP:
(a) OHCS will
			 do so in accordance with procurement procedures outlined in OAR chapter 813,
			 division 6.
(b) OHCS will provide
			 stakeholders, including the Housing Choice Advisory Committee, as created by
			 ORS 456.390(4),
			 with the opportunity to provide input regarding the contract award
			 process.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 360 - HOUSING CHOICE LANDLORD GUARANTEE PROGRAM (HCLGP) › Section 813-360-0030 - Landlord Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to be
			 eligible for HCLGP assistance, a landlord must have an executed rental or lease
			 agreement under the Housing Choice Voucher Program or a Rehousing Initiative
			 Certificate issued by a local housing provider under an eligible Rehousing
			 Initiative.
(2) In order to be
			 eligible for HCLGP assistance, a landlord must submit a complete application,
			 in form and format prescribed by OHCS. Incomplete applications cannot be
			 processed and will be denied.
(3)
			 HCLGP assistance may be provided for reimbursement of qualifying damages,
			 including, but not limited to the following:
(a) Property damage;
(b) Unpaid rent;
(c) Loss of rental income during the time
			 required for repairs with respect to qualifying property damage;
(d) Lease-break fees; and
(e) Other costs related to lease violations
			 by a tenant.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 360 - HOUSING CHOICE LANDLORD GUARANTEE PROGRAM (HCLGP) › Section 813-360-0040

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  456.555
Stats. Implemented: ORS
				  456.375 to
				  456.390
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 360 - HOUSING CHOICE LANDLORD GUARANTEE PROGRAM (HCLGP) › Section 813-360-0045 - Reporting and Recordkeeping

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 OHCS will retain and keep accessible all HCLGP records for such time as
			 required by applicable law and state records retention requirements.
(2) OHCS will maintain reports, data and
			 financial information of HCLGP administration in accordance with OHCS
			 policy.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  456.375 to
				  456.390
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 360 - HOUSING CHOICE LANDLORD GUARANTEE PROGRAM (HCLGP) › Section 813-360-0050

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  456.555
Stats. Implemented: ORS
				  456.375 to
				  456.390
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 360 - HOUSING CHOICE LANDLORD GUARANTEE PROGRAM (HCLGP) › Section 813-360-0055 - Administrative Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any landlord
			 aggrieved by the actions of OHCS in administering or providing HCLGP may submit
			 a written request to OHCS for its review of such contested action within 30
			 days of that action.
(2) Any OHCS
			 review will be in the manner determined appropriate by OHCS and may include,
			 but is not limited to, review of provided information.
(3) If OHCS accepts the review request, the
			 requesting landlord must produce all information required by OHCS, including
			 requested affidavits or testimony.
(4) OHCS adopts the procedures detailed in
			 ORS Chapter 183 for contested cases.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  456.375 to
				  456.390
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 360 - HOUSING CHOICE LANDLORD GUARANTEE PROGRAM (HCLGP) › Section 813-360-0060

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  456.375  - 456.390
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 365 - RENT GUARANTEE PROGRAM (RGP) › Section 813-365-0000 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR chapter 813, division 365, of the
				administrative rules is to implement the Rent Guarantee Program (RGP) as
				provided by ORS 456.607 to
				456.609. Oregon Housing and
				Community Services (OHCS) is designated as the state agency responsible for
				administering the program. The purpose of the RGP is to provide incentives and
				financial assistance to eligible landlords that rent or lease to low income
				tenants by mitigating unpaid rent and property damages.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  458.505 & 2017 Oregon Laws,
				  Chapter 659
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 365 - RENT GUARANTEE PROGRAM (RGP) › Section 813-365-0011 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Terms used throughout this division (OAR 813-365) may be
				defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR
				813-005-0005). Terms used within this division observe those definitions,
				except as defined below:
(1)
			 "Application" means an application, in form and substance, acceptable to OHCS
			 filed by a program provider for RGP funds.
(2) "Fund" means the Rent Guarantee Program
			 Fund created within the State Treasury, separate and distinct from the General
			 Fund.
(3) "Funding agreement" means
			 the grant agreement or other written agreement, together with all related
			 documents required by OHCS for program funding, including those required by
			 OHCS to be executed by or between the program provider and OHCS, all in form
			 and substance satisfactory to OHCS in its sole discretion.
(4) "Landlord" is as defined in ORS
			 456.607(1).
(5) "Program" or "RGP" means the Rent
			 Guarantee Program administered by OHCS pursuant to this division and ORS
			 456.607 to
			 456.609.
(6) "Program Manual" or "RGP Manual" means
			 the Rent Guarantee Program Operations Manual as described in OAR 813-365-0015.
(7) "Program provider" means an
			 organization that meets eligibility requirements, with whom OHCS has contracted
			 to administer RGP services at the local level.
(8) "Program requirements" or "RGP
			 requirements" means these administrative rules, all funding agreement terms and
			 conditions, department directives (including deficiency notices), the RGP
			 Manual requirements, and any other applicable state, local, and federal laws
			 and requirements.
(9) "Program
			 services" or "RGP services" means services as defined in OAR 813-365-0045  and
			 the RGP Manual, which are eligible activities of the RGP.
(10) "Tenant" is as defined in ORS
			 456.607(3).
(11) "Tenant Readiness Education" means OHCS
			 approved curriculum of personal budgeting, tenant-landlord relationships and
			 other relevant matters taught to eligible tenants for participation in the
			 RGP.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: 2017 Oregon Laws, Chapter 659
				  & ORS
				  458.505
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 365 - RENT GUARANTEE PROGRAM (RGP) › Section 813-365-0015 - Manual

Current through Register Vol. 63, No. 7, July 1, 2024
The Rent Guarantee Program Operations Manual (RGP Manual) with
				the requirements and standards therein, dated May 24, 2023, is incorporated
				into and adopted as part of this division of administrative rules, by
				reference. The RGP Manual may be accessed online at the OHCS website.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  456.555 & ORS
				  456.608(10)
Statutes/Other Implemented: ORS
				  458.505, ORS
				  456.607 to
				  456.609 & Chapter 57, Oregon
				  Laws
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 365 - RENT GUARANTEE PROGRAM (RGP) › Section 813-365-0021 - Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OHCS, subject
			 to applicable law, may contract with program providers to provide RGP services
			 at the local level upon such terms as it determines to be satisfactory, in its
			 sole discretion and subject to the OHCS rules and policies.
(2) OHCS will pool available RGP funds and
			 make such funds available in applicable amounts to program providers upon
			 submission of RGP applications that meet all requirements established by OHCS
			 for the form and content of an RGP application, as further defined in the RGP
			 requirements.
(3) Program providers
			 shall comply with the terms of the funding agreement and all RGP
			 requirements.
(4) Program providers
			 will attend and participate in RGP-related training made available or conducted
			 by OHCS.
(5) OHCS may expend a
			 portion of RGP funds to pay administrative costs incurred in accordance with
			 ORS 456.609(4) and
			 RGP requirements.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  458.505
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 365 - RENT GUARANTEE PROGRAM (RGP) › Section 813-365-0030 - Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to be
			 eligible for RGP funds, a program provider must have an executed Program
			 Provider-Landlord Agreement.
(2)
			 Applications for qualifying damages are submitted after an eligible tenant's
			 vacancy of an RGP-covered unit, either by voluntary move-out or by eviction.
			 Landlords have 30 days in which to submit a request for funds to the program
			 provider, from the date that the landlord takes possession of the
			 unit.
(3) Qualifying damages that
			 occurred within the first 12 months of an eligible tenant's occupancy may not
			 exceed $5,000 per eligible request and include, but are not limited to:
(a) Unpaid rent;
(b) Property damages beyond normal wear and
			 tear and caused by the tenant or the tenant's occupancy; and
(c) Eviction costs include court filing fees,
			 attorney fees, and serving of notice.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 365 - RENT GUARANTEE PROGRAM (RGP) › Section 813-365-0045 - Use of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) RGP funds will
			 be used for RGP services and activities as further defined in the contract and
			 RGP Manual.
(2) Prior to approving
			 an RGP application, OHCS will determine if the application is complete and
			 satisfies the criteria necessary to be a qualifying application for RGP
			 funds.
(3) OHCS will review RGP
			 applications and make awards of RGP funds to program providers within 14 days
			 of its receipt of all required information. OHCS may choose to require the
			 submittal of additional or clarifying information.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  458.505
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 365 - RENT GUARANTEE PROGRAM (RGP) › Section 813-365-0061 - Reporting and Recordkeeping

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Program providers shall maintain accurate financial records satisfactory to
			 OHCS and consistent with RGP requirements, which document the receipt and
			 disbursement of all funds provided through RGP by OHCS; and have an accounting
			 system in place satisfactory to OHCS, which meets generally accepted accounting
			 principles.
(2) Program providers
			 shall maintain other RGP records satisfactory to OHCS and consistent with RGP
			 requirements, which document tenant eligibility, receipt of allowable RGP
			 services, termination of RGP services and bases for same, housing status of
			 clients, administrative actions, and contracts with landlords. Such records
			 shall be satisfactory to OHCS in substance and format.
(3) Program providers shall provide OHCS with
			 all required reports, data, and financial statements satisfactory to OHCS, by
			 OHCS-determined submission deadlines, including, but not limited to:
(a) Reports that detail tenants served,
			 including demographics and copies of the Program Provider-Landlord Agreement,
			 as defined in the RGP Manual;
(b)
			 Quarterly reports on tenant readiness education delivery, as defined in the RGP
			 Manual; and
(c) Fiscal reports
			 detailing all RGP costs.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 365 - RENT GUARANTEE PROGRAM (RGP) › Section 813-365-0065 - Compliance Monitoring; Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 OHCS will conduct reviews, audits, and other compliance monitoring as it deems
			 appropriate with respect to each program provider to verify compliance with RGP
			 requirements. Program providers must cooperate fully with OHCS in its
			 compliance monitoring activities.
(2) Program providers must require by
			 contract and monitor their subrecipients' compliance with all RGP requirements
			 including, but not limited to, recordkeeping and retention of records and OHCS
			 compliance monitoring and enforcement.
(3) OHCS reserves the right to identify
			 deficiencies in the performance of any program provider or their subrecipients
			 discovered during compliance monitoring activities and take remedial action
			 upon such program providers, including, but not limited to, terminating its
			 funding agreement with a program provider and requiring repayment of RGP
			 funding.
(4) To remedy any
			 identified deficiencies, OHCS:
(a) Must
			 notify a program provider of deficiencies identified through the monitoring
			 process and provide documentation for the basis of such determination and the
			 specific deficiency or deficiencies that must be corrected;
(b) Must require the program provider to
			 correct any deficiencies in a manner and time frame satisfactory to
			 OHCS;
(c) May offer training and
			 technical assistance related to such deficiencies to the program provider;
			 and
(d) May, at its discretion,
			 offer the program provider assistance in the development of a corrective action
			 plan. If a corrective action plan is allowed, OHCS must review the plan and
			 issue a decision of approval or disapproval to the program provider.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 365 - RENT GUARANTEE PROGRAM (RGP) › Section 813-365-0070 - Administrative Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any landlord
			 aggrieved by the actions of OHCS or a program provider in administering or
			 providing RGP services may submit a written request to OHCS for its review of
			 such contested action within 30 days of that action.
(2) Any OHCS review will be in the manner
			 determined appropriate by OHCS and may include, but is not limited to, review
			 of provided information.
(3) If
			 OHCS accepts the review request, the requesting landlord must produce all
			 information required by OHCS, including requested affidavits or
			 testimony.
(4) OHCS adopts the
			 procedures detailed in ORS Chapter 183 for contested cases.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  458.505, 2017 Oregon Laws,
				  Chapter 659 & O.L. 2019 SB 278
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 375 - MODULAR HOUSING FUND › Section 813-375-0006 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of these rules is to provide
			 procedures, terms, and criteria for Grant(s) available through the Modular
			 Housing Development Fund (MHDF).
(2) The Oregon Housing and Community Services
			 Department shall administer the MHDF to provide Grant(s) for efforts that begin
			 or expand production capacity for the development of Modular Housing and
			 components to support home builders and developers in meeting housing
			 demand.
Statutory/Other Authority: HB 2761 (2023)
Statutes/Other Implemented: HB 2761
				  (2023)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 375 - MODULAR HOUSING FUND › Section 813-375-0011 - DEFINITIONS

Current through Register Vol. 63, No. 7, July 1, 2024
Terms used throughout OAR chapter 813, division 375may be
				defined in Oregon Revised Statute (ORS) or in the Department General
				Definitions (OAR 813-005-0005). Terms used within this division observe those
				definitions except as defined below:
(1) "Fund" means the Modular Housing
			 Development Fund (MHDF) as defined and set forth in HB 2001 (2023).
(2) "Modular Housing" means a building as
			 defined in ORS 455.010 as a building or
			 subassembly that has been in whole or substantially manufactured or assembled
			 using closed constructionat an off-site location to be wholly or partially
			 assembled on-site.
(3) "Equity
			 Centered Management Plan" is a tool for Applicants to operationalize their
			 commitments to diversity, equity, and inclusion within their
			 organization.
Statutory/Other Authority: HB 2761 (2023)
Statutes/Other Implemented: HB 2761
				  (2023)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 375 - MODULAR HOUSING FUND › Section 813-375-0016 - EVALUATION CRITERIA

Current through Register Vol. 63, No. 7, July 1, 2024
Funds will be awarded by the Department using application
				evaluation criteria, including but not limited to:
(1) Provide a plan to comply with legislative
			 demand prioritization categories as by the Department that must be met in the
			 order prescribed:
(a) First, state and local
			 governments following a wildfire or other disaster;
(b) Second, low-income housing construction
			 in this state; and
(c) Third,
			 middle income housing construction in this state.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 375 - MODULAR HOUSING FUND › Section 813-375-0021 - ELIGIBLE GRANT USES

Current through Register Vol. 63, No. 7, July 1, 2024
New or expanded capacity uses shall demonstrate that funding
				will boost current or new production of modular home or component by, but not
				necessarily limited to, the following activities:
(1) Increasing manufacturing space;
(2) Purchasing equipment;
(3) Standardizing design;
(4) Developing infrastructure;
(5) Enhancing transportation; and
(6) Making advancements in materials and
			 technology.
Statutory/Other Authority: HB 2761 (2023)
Statutes/Other Implemented: HB 2761
				  (2023)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 375 - MODULAR HOUSING FUND › Section 813-375-0026 - FUND AWARD

Current through Register Vol. 63, No. 7, July 1, 2024
The Department, in its sole discretion, shall determine
				Grant(s) awarded from the Fund.
(1)
			 Upon approval of an award from the Fund, the Department will enter into a
			 binding Grant Agreement with the successful Applicant(s).
(2) The Grant Agreement shall be in a form
			 provided by the Department.
(3)
			 OHCS will make Grantee information available to Oregon's Office of Emergency
			 Management and affordable housing development partners.
Statutory/Other Authority: HB 2761 (2023)
Statutes/Other Implemented: HB 2761
				  (2023)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 375 - MODULAR HOUSING FUND › Section 813-375-0031 - PROGRAM ADMINISTRATION, REPORTING, AND OVERSIGHT

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may require specific reporting provisions
				designed to track investment outcomes for the Oregon Legislature following
				funding award. Grantees may be required to report to the Department on progress
				made in meeting all obligations set forth in the Grant Agreement.
(1) Reporting may include but may not be
			 limited to:
(a) The eligible use of
			 funds;
(b) Increases in output from
			 reported pre-award baseline for each Grantee that can be directly or indirectly
			 tied to the Grant investment, and the methodology associated with reported
			 data;
(c) Information on orders
			 received for wildfire response, natural disaster, and low- and middle-income
			 housing and how orders were prioritized and completed;
(d) Accounting of resource
			 investment;
(e) The performance
			 standards expected of Grantee;
(f)
			 Additional impacts of investment;
(g) MWESB participation goals compliance
			 report, if applicable;
(h) Progress
			 report on any other stated goal or outcome as determined by the
			 Department;
(i) Other provisions
			 that the Department considers necessary or appropriate to implement the
			 award.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 380 - SHARED COST ALLOCATION RULES › Section 813-380-0005 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
OAR chapter 813, division 380, is promulgated to carry out the
				provisions of ORS 456.620 (4)
				instructing the Oregon Housing and Community Services (OHCS) to adopt a
				methodology for allocating the affordable housing portion of a housing
				development's shared costs.
Statutory/Other Authority: ORS
				  456.620 (4)
Statutes/Other Implemented: ORS
				  456.620 (4)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 380 - SHARED COST ALLOCATION RULES › Section 813-380-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
All terms used in OAR chapter 813, division 380 may be defined
				in Oregon Revised Statute (ORS), or in the Oregon Housing and Community
				Services (OHCS) General Definitions (OAR 813-005-0005), or herein. As used in
				these rules, unless the context indicates otherwise:
(1) "Applicant" means the development sponsor
			 seeking Department financing for an affordable housing project.
(2) "Department" means the Oregon Housing and
			 Community Services Department.
(3)
			 "Applicable fraction" means the fraction, either "Unit fraction" or "Floor
			 space fraction," utilized in the Department's allocation of cost sharing in
			 mixed income housing projects financed by the Department.
(4) "Unit fraction" means the fraction
			 including the numerator, which is the number of rent-restricted units in the
			 building, and the denominator, which is the total number of residential rental
			 units in the building.
(5) "Floor
			 space fraction" means the fraction including the numerator, which is the total
			 floor space of the rent-restricted units in the building, and the denominator,
			 which is the total floor space of all residential rental units. Floor space
			 includes the entire footprint of the unit, including closets within the unit
			 and balconies attached to the unit for the sole use of the tenants occupying
			 the unit.
(6) "Mixed income housing
			 project" means a development that is comprised of housing units with differing
			 levels of affordability, typically with some market-rate housing and some
			 housing that is available to low-income occupants below market-rate.
(7) "Shared costs" means overhead or project
			 costs that, by their nature, support the entire project rather than specific
			 units. These could include, but are not limited to, roof, parking, or
			 infrastructure costs.
Statutory/Other Authority: ORS
				  456.620 (4)
Statutes/Other Implemented: ORS
				  456.620 (4)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 380 - SHARED COST ALLOCATION RULES › Section 813-380-0015 - Shared Cost Allocation Methodology

Current through Register Vol. 63, No. 7, July 1, 2024
(1) 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 485.610. The Department shall utilize the Applicable Fraction
			 when allocating the rent-restricted portion of a Mixed Income Housing Project's
			 shared costs, including infrastructure, parking, and other amenities included
			 in the Applicant's pro forma development plan.
(2) The Applicable Fraction used in
			 determining shared costs in a Mixed Income Housing Project shall be the lesser
			 of the Unit Fraction or the Floor Space Fraction. The Department shall
			 calculate both fractions for each Mixed Income Housing Project funding
			 application and apply the smaller fraction total to determine the shared cost
			 allocation. The Applicable Fraction is carried out four decimal
			 places.
(3) The allocable cost of
			 tenant facilities, such as swimming pools, other recreational facilities, and
			 parking areas, may be included provided there is no separate fee for the use of
			 the facilities and they are made available on a comparable basis to all tenants
			 in the project.
Statutory/Other Authority: ORS
				  456.620 (4)
Statutes/Other Implemented: ORS
				  456.620 (4)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 385 - PERMANENT SUPPORTIVE HOUSING RISK MITIGATION POOL › Section 813-385-0005 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 these rules is to provide procedures, terms, and criteria for funding available
			 through the Permanent Supportive Housing Risk Mitigation Pool (PSH)
			 (RMP).
(2) As provided in SB 5511
			 (2023), Oregon Housing and Community Services Department shall administer the
			 PSH RMP to provide funding to reimburse eligible project owners for physical
			 damage repairs beyond normal wear and tear and supplementing increased
			 operating costs, such as additional extermination fees or vacancy reimbursement
			 during damage repair. The RMP will decrease insurance claims made by PSH
			 partners, provide increased financial stability for PSH partners and limit
			 property exposure to these unanticipated financial risks.
Statutory/Other Authority: SB 5511
Statutes/Other Implemented: SB
				  5511
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 385 - PERMANENT SUPPORTIVE HOUSING RISK MITIGATION POOL › Section 813-385-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Terms used throughout OAR chapter 813, division 125 may be
				defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR
				813-005-0005). Terms used within
				this division observe those definitions except as defined below:
(1) Continuum of Care (CoC): means a regional
			 or local planning body that coordinates housing and services funding for
			 families and individuals experiencing homelessness. The group organized to
			 carry out the responsibilities required under  24 CFR part 578  and is composed
			 of representatives of organizations, including nonprofit homeless service
			 providers, victim service providers, faith-based organizations, governments,
			 businesses, advocates, public housing agencies, school districts, social
			 service providers, mental health agencies, hospitals, universities, affordable
			 housing developers, law enforcement, organizations that serve homeless and
			 formerly homeless veterans, and homeless and formerly homeless individuals to
			 the extent these groups are represented within the geographic area and are
			 available to participate.
(2)
			 Coordinated Entry (CE): means a centralized or coordinated process developed to
			 ensure that all people experiencing a housing crisis have fair and equal access
			 and are quickly identified, assessed for, referred, and connected to housing
			 and assistance based on their strengths and needs, operated by a region's
			 Continuum of Care.
(3) Culturally
			 Specific Organization (CSO): an entity that provides services to a cultural
			 community, and the entity has the following characteristics:
(a) Majority of members and/or clients are
			 from a particular community of color.
(b) Organizational environment is culturally
			 focused, and the community being served recognizes it as a culturally specific
			 entity that provides culturally and linguistically responsive
			 services.
(c) Majority of staff are
			 from the community being served, and the majority of the leadership (defined to
			 collectively include board members and management 2023 Permanent Supportive
			 Housing PSH NOFA positions) are from the community being served.
(d) The entity has a track record of
			 successful community engagement and involvement with the community being
			 served; and
(e) The community being
			 served recognizes the entity as advancing the best interests of the community
			 and engaging in policy advocacy on behalf of the community being
			 served.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 385 - PERMANENT SUPPORTIVE HOUSING RISK MITIGATION POOL › Section 813-385-0015 - Eligibility Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
To be eligible for RMP resources, a Permanent Supportive
				Housing (PSH) property must meet all the requirements below:
(1) Must have 1 or more OHCS PSH units within
			 the project;
(2) Utilize
			 Coordinated Entry (CE) or other OHCS-approved process to fill PSH
			 unit(s);
(3) Utilize project-based
			 rental assistance for PSH unit(s);
(4) Provide on-site tenancy support services;
			 and,
(5) Is a part of the OHCS
			 portfolio.
Statutory/Other Authority: SB 5511
Statutes/Other Implemented: SB
				  5511