reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 135 - LOCAL INNOVATION AND FAST TRACK (LIFT) › Section 813-135-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Terms used throughout OAR chapter 813, division 135 may be
				defined in Oregon Revised Statute (ORS or statute), or in the Oregon Housing
				and Community Services (OHCS) General Definitions (OAR 813-005-0005), or
				herein. As used in these rules:
(1)
			 "Applicant" means a person or entity that applies for an allocation of LIFT
			 Housing Program resources from OHCS by completing an application provided by
			 OHCS.
(2) "Local Innovation and
			 Fast Track Housing Program Manual" or "LIFT Program Manual" or "Manual" means
			 the program manual for the Local Innovation and Fast Track program, as
			 described in OAR 813-135-0025. The manual may be accessed online at OHCS's
			 website.
(3) "Low Income
			 Households" means households of one or more individuals whose combined incomes
			 are at or below 60 percent of the area median income for rental projects, or at
			 or below 80 percent of the area median income for homeownership
			 projects.
(4) "NOFA" means Notice
			 of Funding Availability.
(5) "OHCS"
			 means Oregon Housing and Community Services.
(6) "Operate" means to have sufficient direct
			 or indirect control of qualified property that reasonably enables the Housing
			 and Community Services Department, in its determination, to ensure the
			 qualified property's use for the purpose of providing affordable housing under
			 the LIFT Housing Program.
(7)
			 "Operating Agreement" is a legally binding document between OHCS and the
			 proposed project owner whereby the proposed project owner agrees, among other
			 things, to provide and maintain the project and to guarantee its compliance
			 with the requirements of OHCS by executing and recording the Operating
			 Agreement and Declaration of Land Use Restrictive Covenants on the project in
			 return for an allocation of proceeds from Article XI-Q bonds.
(8) "Own" means to possess one or more
			 interests in a qualified property that reasonably enables Housing and Community
			 Services Department, in its determination, to ensure the qualified property's
			 use for the purpose of providing affordable housing under the LIFT Housing
			 Program.
(9) "Project" means a
			 qualified low-income housing project. A project may include one or more
			 buildings and any associated common area and may be located on scattered
			 sites.
(10) "Qualified property"
			 means real or personal property, including infrastructure and indebtedness
			 related to the real or personal property.
Statutory/Other Authority: ORS
				  456.515  - 456.725
Statutes/Other Implemented: ORS
				  456.559(1)(f)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 135 - LOCAL INNOVATION AND FAST TRACK (LIFT) › Section 813-135-0025 - Local Innovation and Fast Track Housing Program Manual

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Additional policies and application
			 instructions are outlined in the LIFT Program Manual dated May 1, 2024,
			 incorporated into, and adopted as part of this division of administrative rules
			 by reference.
(2) The manual may be
			 accessed online at OHCS's website.
Statutory/Other Authority: ORS
				  456.515 - 456.725
Statutes/Other Implemented: ORS
				  458.480-458.490
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 135 - LOCAL INNOVATION AND FAST TRACK (LIFT) › Section 813-135-0025 - Local Innovation and Fast Track Housing Program Manual

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Additional
			 policies and application instructions are outlined in the LIFT Program Manual
			 dated August 1, 2022, incorporated into, and adopted as part of this division
			 of administrative rules by reference.
(2) The manual may be accessed online at
			 OHCS's website.
Statutory/Other Authority: ORS
				  456.515  - 456.725
Statutes/Other Implemented: ORS
				  458.480-458.490
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 135 - LOCAL INNOVATION AND FAST TRACK (LIFT) › Section 813-135-0030 - Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OHCS may use funds available pursuant to
			 Article XI-Q of the Oregon Constitution for the LIFT Housing Program to
			 acquire, construct, remodel, repair, equip, or furnish qualified property that
			 is or will be owned or operated by the State of Oregon for the purpose of
			 providing affordable housing in Oregon for low-income households. Resources may
			 be used for both construction and permanent financing, as applicable and
			 described in the ORCA. Eligible uses for resources include initial funding or
			 will be described in the LIFT manual and ORCA document. Eligible activities to
			 expand affordable housing include:
(a) New
			 Construction.
(b) Conversion of
			 existing non-residential structures to be used for affordable
			 housing.
(c) Acquisition of
			 like-new market rate affordable rental housing.
(A) Where LIFT resources are used for an
			 acquisition where all units may not have income eligible tenants, all LIFT
			 funded units must convert to units affordable to households earning at or below
			 60% area median income (AMI) within 36 months of acquisition.
(B) LIFT funding will be released over the
			 36-month conversion period in equal proportion to to the conversion of units to
			 affordable households earning at or below 60% AMI.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 135 - LOCAL INNOVATION AND FAST TRACK (LIFT) › Section 813-135-0030 - Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OHCS may
			 use funds available pursuant to Article XI-Q of the Oregon Constitution for the
			 LIFT Housing Program to acquire, construct, remodel, repair, equip, or furnish
			 qualified property that is or will be owned or operated by the State of Oregon
			 for the purpose of providing affordable housing in Oregon for low-income
			 households.
(a) Conversion of existing
			 non-residential structures to house low-income households is eligible, provided
			 the project meets local jurisdiction housing code.
(b) Renovation of existing housing (market
			 rate or affordable) is not eligible.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 135 - LOCAL INNOVATION AND FAST TRACK (LIFT) › Section 813-135-0035 - Homeownership Foreclosure Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
In order to retain affordability on the maximum number of units
				on a LIFT homeownership-funded property, OHCS would allow partition of the
				property in the event of an individual home foreclosure where an eligible home
				buyer cannot be found to keep the property in compliance with established
				affordability restrictions.
Statutory/Other Authority: ORS
				  456.515  - 456.725
Statutes/Other Implemented: ORS
				  458.480-458.490
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 135 - LOCAL INNOVATION AND FAST TRACK (LIFT) › Section 813-135-0040 - Allocation of Bond Proceeds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OHCS may, to the extent of its authority,
			 allocate bond proceeds to projects selected for funding by the Housing
			 Stability Council.
(2) OHCS shall
			 allocate the funds in compliance with the requirements of the Oregon
			 Constitution, Article XI-Q, ORS
			 456.559(1)(f)
			 and the rules of this division. Applications will be solicited during specified
			 periods within OHCS's NOFA or ORCA process. OHCS may also select from a pool of
			 qualified applicants, or such other process OHCS deems appropriate. Housing
			 Stability Council may also direct OHCS to use local jurisdiction funding
			 processes to commit funding to projects that otherwise meet programmatic
			 requirements.
(3) OHCS may choose
			 whether to allocate all funds available.
(4) The obligation to repay the LIFT Loan
			 principal shall be satisfied upon repayment in full at maturity. In the
			 alternative, and at the election of the borrower at any time after the initial
			 affordability period, such obligation may be:
(a) Satisfied upon the borrower executing
			 (and where OHCS deems necessary, recording) agreements:
(A) Subjecting the qualified property to an
			 additional affordability period equivalent to the initial level of
			 affordability; and
(B) Ensuring
			 that the equity of the LIFT Loan continues to benefit the qualified
			 project;
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 135 - LOCAL INNOVATION AND FAST TRACK (LIFT) › Section 813-135-0040 - Allocation of Bond Proceeds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OHCS may, to
			 the extent of its authority, allocate bond proceeds to projects selected for
			 funding by the Housing Stability Council.
(2) OHCS shall allocate the funds in
			 compliance with the requirements of the Oregon Constitution, Article XI-Q, ORS
			 456.559(1)(f)
			 and the rules of this division. Applications will be solicited during specified
			 periods within OHCS's NOFA process. OHCS may also select from a pool of
			 qualified applicants, or such other process OHCS deems appropriate. Housing
			 Stability Council may also direct OHCS to use local jurisdiction funding
			 processes to commit funding to projects that otherwise meet programmatic
			 requirements.
(3) OHCS may choose
			 whether to allocate all funds available.
(4) The obligation to repay the LIFT Loan
			 principal shall be satisfied upon repayment in full at maturity. In the
			 alternative, and at the election of the borrower at any time after the initial
			 affordability period, such obligation may be:
(a) Satisfied upon the borrower executing
			 (and where OHCS deems necessary, recording) agreements:
(A) Subjecting the qualified property to an
			 additional affordability period equivalent to the initial level of
			 affordability; and
(B) Ensuring
			 that the equity of the LIFT Loan continues to benefit the qualified
			 project;
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 135 - LOCAL INNOVATION AND FAST TRACK (LIFT) › Section 813-135-0050 - Application Requests and Charges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The process of obtaining LIFT funding
			 will be specified in solicitation documents issued by OHCS. Additional
			 direction and guidance can be found in the LIFT Manual (See OAR 813-135-0025).
			 OHCS may solicit applications for an allocation of LIFT Housing Program bond
			 proceeds from interested parties when such resources are available.
(2) OHCS may require a non-refundable
			 application charge from any applicant requesting an allocation of LIFT Housing
			 Program bond proceeds.
(3) OHCS may
			 charge the project owner reasonable charges for OHCS's costs of monitoring the
			 project owner's compliance with restrictions established by OHCS. These charges
			 can be found on the OHCS website.
(4) OHCS shall evaluate completed
			 Homeownership applications based on a scoring system established by OHCS and
			 set forth in OHCS's Notice of Funding Availability.
(5) OHCS shall evaluate completed Rental
			 applications through the ORCA process.
Statutory/Other Authority: ORS
				  456.515 - 456.725
Statutes/Other Implemented: ORS
				  458.480-458.490
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 135 - LOCAL INNOVATION AND FAST TRACK (LIFT) › Section 813-135-0050 - Application Requests and Charges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The process of obtaining LIFT funding
			 will be specified in solicitation documents issued by OHCS. Additional
			 direction and guidance can be found in the LIFT Manual (See OAR 813-135-0025).
			 OHCS may solicit applications for an allocation of LIFT Housing Program bond
			 proceeds from interested parties when such resources are available.
(2) OHCS may require a non-refundable
			 application charge from any applicant requesting an allocation of LIFT Housing
			 Program bond proceeds.
(3) OHCS may
			 charge the project owner reasonable charges for OHCS's costs of monitoring the
			 project owner's compliance with restrictions established by OHCS. These charges
			 can be found on the OHCS website.
(4) OHCS shall evaluate completed
			 applications based on a scoring system established by OHCS and set forth in
			 OHCS's Notice of Funding Availability.
Statutory/Other Authority: ORS
				  456.515  - 456.725
Statutes/Other Implemented: ORS
				  458.480-458.490
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 135 - LOCAL INNOVATION AND FAST TRACK (LIFT) › Section 813-135-0060 - Strategies for Serving Underserved Communities

Current through Register Vol. 63, No. 7, July 1, 2024
In order to reach historically underserved communities, all
				Applicants must include a detailed information on how the project will provide
				service to communities of color, as instructed in the LIFT Manual (See OAR
				813-135-0025).
Statutory/Other Authority: ORS
				  458.485  - 458.490
Statutes/Other Implemented: ORS
				  456.559(1)(f)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 138 - PERMANENT SUPPORTIVE HOUSING (PSH) › Section 813-138-0000 - Purpose and Objective

Current through Register Vol. 63, No. 7, July 1, 2024
The rules of OAR chapter 813, division 138, are established to
				support implementation of Senate Bill (SB) 5505 (2021) (Or Laws 2021, chapter
				658, section 1) and SB 5506 (2021) (Or Laws 2021, chapter 659, section 1)
				relating to funds provided for the creation of a Permanent Supportive Housing
				Program in the State of Oregon. The objective of the PSH Program is to expand
				the state's supply of affordable housing designed to serve households
				experiencing chronic homelessness. Permanent Supportive Housing is a best
				practice and proven strategy to successfully house people experiencing chronic
				homelessness. Members of these households often have complex needs including
				mental illness, substance use, and chronic physical difficulties alongside of
				their experience of long-term homelessness. The OHCS PSH Program combines three
				funding elements: development funding for acquisition, construction and
				rehabilitation of affordable housing, funding for comprehensive tenancy support
				services, and project-based rental assistance. PSH is a key resource for people
				who, without support in their tenancy, may not be successful in maintaining
				stable housing and who, without housing, may not be as successful in utilizing
				services to achieve and maintain recovery, health, and wellness.
Statutory/Other Authority: ORS
				  456.612, ORS
				  456.620 & ORS
				  456.625
Statutes/Other Implemented: SB 5505 (2021), SB 5506 (2021),
				  HB 5005 & HB 5050 (Section 26)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 138 - PERMANENT SUPPORTIVE HOUSING (PSH) › Section 813-138-0000 - Purpose and Objective

Current through Register Vol. 63, No. 7, July 1, 2024
The rules of OAR chapter 813, division 138, are established to
				support implementation of Senate Bill (SB) 5505 (2021) (Or Laws 2021, chapter
				658, section 1) and SB 5506 (2021) (Or Laws 2021, chapter 659, section 1)
				relating to funds provided for the creation of a Permanent Supportive Housing
				Program in the State of Oregon. The objective of the PSH Program is to expand
				the state's supply of affordable housing designed to serve households
				experiencing chronic homelessness. Permanent Supportive Housing is a best
				practice and proven strategy to successfully house people experiencing chronic
				homelessness. Members of these households often have complex needs including
				mental illness, substance use, and chronic physical difficulties alongside of
				their experience of long-term homelessness. The OHCS PSH Program combines three
				funding elements: development funding for acquisition, construction and
				rehabilitation of affordable housing, funding for comprehensive tenancy support
				services, and project-based rental assistance. PSH is a key resource for people
				who, without support in their tenancy, may not be successful in maintaining
				stable housing and who, without housing, may not be as successful in utilizing
				services to achieve and maintain recovery, health, and wellness.
Statutory/Other Authority: ORS
				  456.612, ORS
				  456.620 & ORS
				  456.625
Statutes/Other Implemented: SB 5505 (2021) & SB 5506
				  (2021)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 138 - PERMANENT SUPPORTIVE HOUSING (PSH) › Section 813-138-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Terms used in OAR chapter 813, division 138 are defined in
				Oregon Revised Statute (ORS) or in OAR 813-005-0005  and herein. As used in
				these rules:
(1) "Applicant" means a
			 person or entity that applies for an allocation of PSH resources from the
			 Department by completing an application provided by the Department.
(2) "Comprehensive Tenancy Support Services"
			 means on-site services provided to Project residents that facilitate housing
			 access, housing retention, and increased wellness and stability. Residents to
			 service staff ratios must meet PSH Program requirements. Baseline services
			 should include:
(a) Assistance with removing
			 housing barriers;
(b) Developing
			 individualized housing support plans with residents that are reviewed and
			 updated annually;
(c) Early
			 identification and intervention for behaviors that may jeopardize
			 housing;
(d) Educating residents on
			 the role, rights, and responsibilities of the resident and landlord, along with
			 support in landlord communication and lease navigation;
(e) Services navigation and linkages to
			 community resources;
(f) Access to
			 culturally responsive and specific services.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 138 - PERMANENT SUPPORTIVE HOUSING (PSH) › Section 813-138-0015 - Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
Eligibility for funding will vary by resource offering but in
				all cases the Project or unit must include all three elements (not required to
				be funded by the Department). Additional requirements may include but are not
				limited to:
(1) Training or technical
			 assistance standards as outlined by the Oregon Centralized Application or PSH
			 Framework,
(2) Low barrier access
			 to the PSH unit,
(3) A tenant
			 selection policy that prioritizes chronically homeless households via local
			 Coordinated Entry, and
(4)
			 Affirmatively Furthering Fair Housing marketing plan.
Statutory/Other Authority: ORS
				  456.612, ORS
				  456.620 & ORS
				  456.625
Statutes/Other Implemented: SB 5505 (2021) & SB 5506
				  (2021)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 138 - PERMANENT SUPPORTIVE HOUSING (PSH) › Section 813-138-0015 - Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
Eligibility for funding will vary by resource offering but in
				all cases the Project or unit must include all three elements (not required to
				be funded by the Department). Additional requirements may include but are not
				limited to:
(1) Training or technical
			 assistance standards as outlined by the NOFA or PSH Framework,
(2) Low barrier access to the PSH
			 unit,
(3) A tenant selection policy
			 that prioritizes chronically homeless households via local Coordinated Entry,
			 and
(4) Affirmatively Furthering
			 Fair Housing marketing plan.
Statutory/Other Authority: ORS
				  456.612, ORS
				  456.620 & ORS
				  456.625
Statutes/Other Implemented: SB 5505 (2021) & SB 5506
				  (2021)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 138 - PERMANENT SUPPORTIVE HOUSING (PSH) › Section 813-138-0020 - Permanent Supportive Housing Notice of Funding Availability and PSH Frameworks

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department has established PSH
			 Frameworks to share the expectations and requirements for the PSH Program. In
			 addition to funding for Rental Assistance and Comprehensive Tenancy Support
			 Services, the Department may also offer development resources for new unit
			 creation or rehabilitation when available. For all Department resources, the
			 Department retains the right to establish minimum standards associated with
			 eligibility.
(2) Funding decisions
			 may be made using the Oregon Housing and Community Services (OHCS) Affordable
			 Rental Housing Division (ARH) Oregon Centralized Application (ORCA) Process as
			 described in OAR 813-002-0005  through OAR 813-002-0055). The ORCA process may
			 include additional priorities and requirements as determined appropriate by the
			 Department.
(3) Policies and
			 program expectations are outlined in the Rental Assistance Program Framework
			 and the PSH Services Program Frameworks, incorporated into and adopted as part
			 of these administrative rules by reference.
(4) PSH policy and program information is
			 available online at the Department's website.
Statutory/Other Authority: ORS
				  456.612, ORS
				  456.620 & ORS
				  456.625
Statutes/Other Implemented: SB 5505 (2021), SB 5506 (2021),
				  HB 5005 & HB 5050 (Section 26)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 138 - PERMANENT SUPPORTIVE HOUSING (PSH) › Section 813-138-0020 - Permanent Supportive Housing Notice of Funding Availability and PSH Frameworks

Current through Register Vol. 63, No. 7, July 1, 2024
(1) the
			 Department has established PSH Frameworks to share the expectations and
			 requirements for the PSH Program. In addition to funding for Rental Assistance
			 and Comprehensive Tenancy Support Services, the Department may also offer
			 development resources for new unit creation or rehabilitation when available.
			 For all Department resources, the Department retains the right to establish
			 minimum standards associated with eligibility.
(2) Development applications will be
			 solicited during specific periods within the Department's Notice of Funding
			 Availability ("NOFA"). The NOFA process may include additional priorities and
			 requirements as determined appropriate by the Department.
(3) Policies and program expectations are
			 outlined in the Rental Assistance Program Framework and the PSH Services
			 Program Frameworks, incorporated into and adopted as part of these
			 administrative rules by reference.
(4) PSH policy and program information is
			 available online at the Department's website.
Statutory/Other Authority: ORS
				  456.612, ORS
				  456.620 & ORS
				  456.625
Statutes/Other Implemented: SB 5505 (2021) & SB 5506
				  (2021)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 138 - PERMANENT SUPPORTIVE HOUSING (PSH) › Section 813-138-0025 - Project Development - Eligibility for Bond Proceeds for PSH

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may use funds available or
			 designated for PSH development including those pursuant to Article XI-Q, of the
			 Oregon Constitution, for the PSH Program to acquire, construct, remodel,
			 repair, equip, or furnish Qualified Property that is or will be Owned or
			 Operated by the State of Oregon for the purpose of providing permanent
			 supportive housing in this state for Chronically Homeless Households.
(2) For properties developed utilizing
			 Article XI-Q bonds, ownership interests in real property acquired by the
			 Department are limited to:
(a) A fee simple
			 interest in land or improvements;
(b) A leased fee interest, meaning an
			 ownership interest with the rights of use and occupancy conveyed by lease to
			 others;
(c) A tenancy in common for
			 which the Department's interest in the property is proportionate to the
			 contribution of the Department in the property's purchase price;
(d) A fee simple interest in a condominium;
			 (e) An easement, right of way, license or similar interest functionally related
			 to and necessary for the use of Qualified Property acquired by the
			 Department.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 138 - PERMANENT SUPPORTIVE HOUSING (PSH) › Section 813-138-0025 - Project Development - Eligibility for Bond Proceeds for PSH

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may use funds available or designated for PSH development including those
			 pursuant to Article XI-Q, of the Oregon Constitution, for the PSH Program to
			 acquire, construct, remodel, repair, equip, or furnish Qualified Property that
			 is or will be Owned or Operated by the State of Oregon for the purpose of
			 providing permanent supportive housing in this state for Chronically Homeless
			 Households.
(2) For properties
			 developed utilizing Article XI-Q bonds, ownership interests in real property
			 acquired by the Department are limited to:
(a)
			 A fee simple interest in land or improvements;
(b) A leased fee interest, meaning an
			 ownership interest with the rights of use and occupancy conveyed by lease to
			 others;
(c) A tenancy in common for
			 which the Department's interest in the property is proportionate to the
			 contribution of the Department in the property's purchase price;
(d) A fee simple interest in a condominium;
			 (e) An easement, right of way, license or similar interest functionally related
			 to and necessary for the use of Qualified Property acquired by the
			 Department.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 138 - PERMANENT SUPPORTIVE HOUSING (PSH) › Section 813-138-0030 - Project Development - Allocation of Bond Proceeds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may, to the extent of its
			 authority, allocate bond proceeds to Projects approved for funding by the
			 Housing Stability Council.
(2) When
			 funded with Article XI-Q bonds, the Department shall allocate the funds in
			 compliance with the requirements of the Article XI-Q, of the Oregon
			 Constitution, ORS 456.559(1)(f)
			 and the rules of this division.
(3)
			 The Department may choose whether to allocate all available funds.
(4) The obligation to repay the loan
			 principal shall be satisfied upon repayment in full at maturity. In the
			 alternative, and at the election of the borrower at any time after the initial
			 affordability period, such obligation may be:
(a) Satisfied upon the borrower executing
			 agreements:
(A) Subjecting the Qualified
			 Property to an additional affordability period equivalent to the initial level
			 of affordability; and
(B) Ensuring
			 that the equity of the PSH loan continues to benefit the Project;
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 138 - PERMANENT SUPPORTIVE HOUSING (PSH) › Section 813-138-0030 - Project Development - Allocation of Bond Proceeds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may, to the extent of its authority, allocate bond proceeds to Projects
			 approved for funding by the Housing Stability Council.
(2) When funded with Article XI-Q bonds, the
			 Department shall allocate the funds in compliance with the requirements of the
			 Article XI-Q, of the Oregon Constitution, ORS
			 456.559(1)(f)
			 and the rules of this division.
(3)
			 The Department may choose whether to allocate all available funds.
(4) The obligation to repay the loan
			 principal shall be satisfied upon repayment in full at maturity. In the
			 alternative, and at the election of the borrower at any time after the initial
			 affordability period, such obligation may be:
(a) Satisfied upon the borrower executing
			 agreements:
(A) Subjecting the Qualified
			 Property to an additional affordability period equivalent to the initial level
			 of affordability; and
(B) Ensuring
			 that the equity of the PSH loan continues to benefit the Project;
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 138 - PERMANENT SUPPORTIVE HOUSING (PSH) › Section 813-138-0035 - Allocation of Rental Assistance and Comprehensive Tenancy Support Services Funding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may, to the extent of its
			 authority, allocate resources for Rental Assistance and Comprehensive Tenancy
			 Support Services to Projects awarded funding by the Housing Stability
			 Council.
(2) The Department shall
			 allocate the funds in compliance with the the Oregon Housing and Community
			 Services (OHCS) Affordable Rental Housing Division (ARH) Centralized
			 Appllication Processes, as described in OAR 813-002-0005  through OAR
			 813-002-0055, and Frameworks and the rules of this division.
(3) The Department may choose whether to
			 allocate all available funds.
(4)
			 The Department retains flexibility regarding how Rental Assistance and
			 Comprehensive Tenancy Support Services funding are assigned.
(5) If Rental Assistance or Comprehensive
			 Tenancy Support Services funding for a Project are no longer available and
			 replacement funding for these resources is not found within a reasonable time,
			 in order to keep the Project viable and avoid foreclosure, the Department may
			 elect to waive the requirement that the Project house Chronically Homeless
			 Households. If the project goes into default or foreclosure or for any reason
			 cannot meet its debt obligation, OHCS should be notified immediately by the
			 project owner and a cure period should be established to enable the sponsor to
			 work in good faith toward implementing a remedy or cure for the default. If the
			 default cannot be cured or a remedy cannot be put in place within the agreed
			 upon cure period and needed rent assistance and supportive services funding is
			 no longer available, then OHCS may waive the requirement for the project to
			 house chronically homeless residents.
Statutory/Other Authority: ORS
				  456.612, ORS
				  456.620 & ORS
				  456.625
Statutes/Other Implemented: SB 5505 (2021), SB 5506 (2021),
				  HB 5005 & HB 5050 (Section 26)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 138 - PERMANENT SUPPORTIVE HOUSING (PSH) › Section 813-138-0035 - Allocation of Rental Assistance and Comprehensive Tenancy Support Services Funding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may, to the extent of its authority, allocate resources for Rental
			 Assistance and Comprehensive Tenancy Support Services to Projects awarded
			 funding by the Housing Stability Council.
(2) The Department shall allocate the funds
			 in compliance with the NOFAs and Frameworks and the rules of this
			 division.
(3) The Department may
			 choose whether to allocate all available funds.
(4) The Department retains flexibility
			 regarding how Rental Assistance and Comprehensive Tenancy Support Services
			 funding are assigned.
(5) If Rental
			 Assistance or Comprehensive Tenancy Support Services funding for a Project are
			 no longer available and replacement funding for these resources is not found
			 within a reasonable time, in order to keep the Project viable and avoid
			 foreclosure, the Department may elect to waive the requirement that the Project
			 house Chronically Homeless Households. If the project goes into default or
			 foreclosure or for any reason cannot meet its debt obligation, OHCS should be
			 notified immediately by the project owner and a cure period should be
			 established to enable the sponsor to work in good faith toward implementing a
			 remedy or cure for the default. If the default cannot be cured or a remedy
			 cannot be put in place within the agreed upon cure period and needed rent
			 assistance and supportive services funding is no longer available, then OHCS
			 may waive the requirement for the project to house chronically homeless
			 residents.
Statutory/Other Authority: ORS
				  456.612, ORS
				  456.620 & ORS
				  456.625
Statutes/Other Implemented: SB 5505 (2021) & SB 5506
				  (2021)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 138 - PERMANENT SUPPORTIVE HOUSING (PSH) › Section 813-138-0040 - Application Requests and Charges for Development Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may solicit applications
			 for an allocation of Program funds from interested parties when such resources
			 are available.
(2) The Department
			 may require a non-refundable application charge from any Applicant requesting
			 an allocation of Program bond proceeds.
(3) The Department may charge the Project
			 owner reasonable charges for the Department's costs of monitoring the Project
			 owner's compliance with restrictions established by the Department.
(4) The Department shall evaluate completed
			 applications based on a ranking system established by the Department and set
			 forth in the Department's application process.
Statutory/Other Authority: ORS
				  456.612, ORS
				  456.620 & ORS
				  456.625
Statutes/Other Implemented: SB 5505 (2021) & SB 5506
				  (2021)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 138 - PERMANENT SUPPORTIVE HOUSING (PSH) › Section 813-138-0040 - Application Requests and Charges for Development Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may solicit applications for an allocation of Program funds from interested
			 parties when such resources are available.
(2) The Department may require a
			 non-refundable application charge from any Applicant requesting an allocation
			 of Program bond proceeds.
(3) The
			 Department may charge the Project owner reasonable charges for the Department's
			 costs of monitoring the Project owner's compliance with restrictions
			 established by the Department.
(4)
			 The Department shall evaluate completed applications based on a ranking system
			 established by the Department and set forth in the Department's application
			 process.
Statutory/Other Authority: ORS
				  456.612, ORS
				  456.620 & ORS
				  456.625
Statutes/Other Implemented: SB 5505 (2021) & SB 5506
				  (2021)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 138 - PERMANENT SUPPORTIVE HOUSING (PSH) › Section 813-138-0045 - Applications for Rental Assistance and Comprehensive Tenancy Supportive Services Funding

Current through Register Vol. 63, No. 7, July 1, 2024
To request Rental Assistance or Comprehensive Tenancy
				Supportive Services funding, Applicants must submit an application along with
				any applicable charges as required by the development resource funding request,
				if applicable. The Rental Assistance or Comprehensive Tenancy Supportive
				Services funding application required by the Department may request, among
				other information, the following:
(1)
			 The type(s) of funding requested;
(2) The amount of funds requested from each
			 funding category;
(3) The building
			 location: state, county, town, street address and legal description
(4) An initial statement based on local
			 homelessness data indicating whether or not there is a need for the proposed
			 Project;
(5) The complete financial
			 information about the proposed Project showing all sources and uses of
			 funds;
(6) An operating pro forma
			 statement on a cash flow basis showing net operating income before debt
			 service;
(7) Evidence of a
			 commitment for financing, federal loan insurance, or other major source of
			 funds;
(8) Other financial
			 information regarding grants, subsidies, or tax-exempt financing for the
			 proposed Project;
(9)
			 Implementation plans for Comprehensive Tenancy Support Services.
Statutory/Other Authority: ORS
				  456.612, ORS
				  456.620 & ORS
				  456.625
Statutes/Other Implemented: SB 5505 (2021), SB 5506 (2021),
				  HB 5005 & HB 5050 (Section 26)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 138 - PERMANENT SUPPORTIVE HOUSING (PSH) › Section 813-138-0045 - Applications for Rental Assistance and Comprehensive Tenancy Supportive Services Funding

Current through Register Vol. 63, No. 7, July 1, 2024
To request Rental Assistance or Comprehensive Tenancy
				Supportive Services funding, Applicants must submit an application along with
				any applicable charges as required by the development resource funding request,
				if applicable. The Rental Assistance or Comprehensive Tenancy Supportive
				Services funding application required by the Department may request, among
				other information, the following:
(1)
			 The type(s) of funding requested;
(2) The amount of funds requested from each
			 funding category;
(3) The building
			 location: state, county, town, street address and legal description
(4) An initial statement based on local
			 homelessness data indicating whether or not there is a need for the proposed
			 Project;
(5) The complete financial
			 information about the proposed Project showing all sources and uses of
			 funds;
(6) An operating pro forma
			 statement on a cash flow basis showing net operating income before debt
			 service;
(7) Evidence of a
			 commitment for financing, federal loan insurance, or other major source of
			 funds;
(8) Other financial
			 information regarding grants, subsidies, or tax-exempt financing for the
			 proposed Project;
(9)
			 Implementation plans for Comprehensive Tenancy Support Services.
Statutory/Other Authority: ORS
				  456.612, ORS
				  456.620 & ORS
				  456.625
Statutes/Other Implemented: SB 5505 (2021) & SB 5506
				  (2021)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 140 - COMMUNITY DEVELOPMENT INCENTIVE PROJECT FUND › Section 813-140-0000 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
OAR chapter 813, division 140, is promulgated to accomplish the
				purpose of ORS 458.705 through
				458.740, specifically
				458.720 through
				458.740, which implement the
				Community Development Incentive Project Fund. The Community Development
				Incentive Project Fund holds the proceeds of lottery bonds issued to make
				grants or loans to Oregon municipalities, businesses and individuals; provides
				credit enhancements to commercial banks and private lenders in order to
				encourage real estate development that promotes downtown and community center
				areas; provides affordable housing and other infill developments; or funds
				projects that promote business opportunities in Oregon's distressed areas and
				rural communities.
Stat. Auth.: ORS
				  458.705 -
				  458.740
Stats. Implemented: ORS
				  458.705 -
				  458.740
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 140 - COMMUNITY DEVELOPMENT INCENTIVE PROJECT FUND › Section 813-140-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
All terms used in OAR chapter 813, division 140, unless
				otherwise specifically defined herein have the meanings given in ORS
				458.705 through
				458.740. As used in OAR chapter
				813, division 140, unless the context indicates otherwise:
(1) "Board" means the Community Development
			 Incentive Advisory Board established pursuant to ORS
			 458.710.
(2) "Economic Revitalization Team" means the
			 program of agency cooperation by the Governor's Office to coordinate and
			 streamline state policies, programs and procedures and provide coordinated
			 state agency assistance to local governments. These agencies are: Economic and
			 Community Development Department, Department of Environmental Quality, Oregon
			 Housing and Community Services Department, Department of Land Conservation and
			 Development, and Oregon Department of Transportation, Department of State
			 Lands, the Department of Agriculture and the Department of Business and
			 Consumer Services. "Regional Economic Revitalization Team" means a regional
			 team comprised of one regional employee with each of the agencies listed
			 above.
(3) "Fund" or "Incentive
			 Fund" means the Community Development Incentive Project Fund.
(4) "Gap Financing" means financing provided
			 by the Fund when other state or private financing sources are inadequate or
			 unavailable to finance a development project.
(5) "Housing Preservation Community Incentive
			 Fund" means a program that provides grants and/or loans to preserve affordable
			 housing developments financed presently or previously by OHCS that have Section
			 8 project-based rental assistance contracts which have been renewed or will be
			 renewed.
(6) "Program Overview"
			 means a publication available from the Department setting forth general
			 guidelines and information about the program and application process.
(7) "Rural Community" and "Rural Service
			 Center," means an unincorporated community which consists of permanent
			 residential dwellings, and commercial, industrial or (in the case of a Rural
			 Community) public uses to the community, the surrounding rural area, or to
			 persons traveling through the area.
(8) "Six Budget Principals" means those
			 principles stated in Governor Kulongoski's budget document presented in 2004
			 for the 2005/2007 Legislative Session to grow Oregon's economy and ensure that
			 all Oregon communities - large and small, urban and rural, survive. Those
			 principals are:
(a) Provide our children and
			 adults with the educational opportunities they need to succeed today and in the
			 future;
(b) Take care of our most
			 vulnerable citizens;
(c) Create
			 family-wage jobs for Oregonians;
(d) Maintain the high quality of life we
			 enjoy in Oregon;
(e) Ensure that
			 our citizens are safe in their homes and in their communities, and
(f) Provide for a safe, efficient and
			 accountable state government.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 140 - COMMUNITY DEVELOPMENT INCENTIVE PROJECT FUND › Section 813-140-0020 - Fund Purposes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The primary
			 purpose of the Fund is to provide Gap Financing to help local communities or to
			 use as an incentive to obtain additional funding commitments from other
			 sources.
(2) The Fund is not
			 intended to provide financing to replace other financing from private or public
			 sources that could be available within 12 months of the date of the award to
			 fund a proposed development project. Rather it is intended to be a flexible
			 resource that promotes worthy projects by bridging funding gaps which prevent a
			 project either from moving forward or from moving forward in a manner which
			 achieves one or more of the Six Budget Principals.
Stat. Auth.: ORS
				  458.705 -
				  458.740
Stats. Implemented: ORS
				  458.705 -
				  458.740
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 140 - COMMUNITY DEVELOPMENT INCENTIVE PROJECT FUND › Section 813-140-0030 - Fund Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Board will develop program guidelines, including specific project criteria and
			 financing mechanisms which can be found in the Program Overview and application
			 materials.
(2) The Department will
			 administer the Fund in accordance with ORS
			 458.735. The Department's
			 Administration of the Fund is not subject to State Housing Council policy,
			 rules or standards.
Stat. Auth.: ORS
				  458.705 -
				  458.740
Stats. Implemented: ORS
				  458.705 -
				  458.740
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 140 - COMMUNITY DEVELOPMENT INCENTIVE PROJECT FUND › Section 813-140-0040 - Eligible Uses of the Fund

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Oregon Housing and Community Services Department may make grants and loans for
			 the purpose of financing capitalized project costs (including but not limited
			 to project management or consultant fees that are related to project
			 development) but not for the purpose of financing planning or technical
			 assistance or other administrative or operating costs. It is the policy of
			 Oregon Housing and Community Services Department that, in general, payment from
			 the Fund for hours worked by anyone employed by, and paid through the payroll
			 of the applicant or recipient of the funds is not an eligible cost. Work will
			 be performed by an independent contractor and hours worked or job cost billed
			 will be presented by invoice. Any exception to this policy will be pre-approved
			 in writing by the Director of Oregon Housing and Community Services Department.
			 The requested exception will show that the use of employees provides a clear
			 benefit to the project. Each request will include the applicant's cost
			 allocation methodology and payroll procedures to ensure they have sufficient
			 tools in place to appropriately track employee time. Each request for payment
			 from the Fund for hours worked by employees will include a statement that hours
			 billed are correct and appropriate, and will be documented with time-keeping
			 data. In no circumstance will the Fund pay for staff time associated with the
			 entity's operations.
(2) The
			 Department may make a grant instead of a loan for a project which otherwise
			 complies with the requirements of this OAR chapter 813, division 140 where
			 repayment of the amount disbursed by the Fund for the project is inappropriate
			 or the recipient would have insufficient capacity to repay the amount disbursed
			 based on cash flow projections or documentation submitted with the
			 application.
(3) The costs and
			 expenses of the Department necessary for the administration of the Fund and the
			 grants and loans made from the Fund. These costs and expenses may include the
			 amounts necessary for the administration of the Fund through the Small
			 Community Incentive Fund or the servicing of loans and grants made by the Fund,
			 pursuant to a contract with the Department.
Stat. Auth.: ORS
				  458.705 -
				  458.740
Stats. Implemented: ORS
				  458.705 -
				  458.740