reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 10 - MULTI-UNIT HOUSING PROGRAM › Section 813-010-0036 - Eligible Multi-Unit Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department shall evaluate each Project for consistency with the
			 Department's interpretation of sound architectural and planning principles and
			 underwriting standards.
(2) In
			 order to qualify for a loan, a Project shall:
(a) Be approved by the Department with
			 respect to site; location; market demand; financial feasibility; qualifications
			 of general contractor, management agent, and developer; appraisal; financial
			 strength and credit worthiness of the prospective Borrower; management plan;
			 final architectural package; prospective Borrower's organizational documents;
			 title report; and any other information the Department shall
			 prescribe;
(b) If subject to a
			 Federal Housing Assistance Payments contract, comply at least with any
			 standards required by the U.S. Department of Housing and Urban Development
			 (HUD);
(c) Meet all applicable
			 state and local land use and zoning requirements, housing codes, and similar
			 requirements;
(d) Be located in the
			 State of Oregon; and
(e) Meet all
			 applicable HUD regulations provided for in the
Code of Federal
			 Regulations Part 24 Section 883
, and all applicable State statutes and
			 Program rules.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 10 - MULTI-UNIT HOUSING PROGRAM › Section 813-010-0042 - Resident Eligibility and Occupancy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be eligible to occupy a Project, a
			 person or household shall:
(a) Be a Resident
			 of the State;
(b) Have an
			 annualized gross household income which does not exceed the limit established
			 by the Department from time to time in compliance with the Act, and the limits
			 of Section 142(d)(1) of the Code, if applicable.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 10 - MULTI-UNIT HOUSING PROGRAM › Section 813-010-0051 - Loan Security

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding any other provision contained in the Program
				rules, the Department shall not disburse funds for a Loan until:
(1) The Loan is secured by a fully executed
			 trust deed note and trust deed or other evidence of security.
(2) The Eligible Borrower has satisfied all
			 conditions contained in the Commitment.
Stat. Auth: ORS 183,
				  456.515 -
				  456.725 &
				  458.210 -
				  458.650
Stats. Implemented: ORS
				  456.555 &
				  456.625
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 10 - MULTI-UNIT HOUSING PROGRAM › Section 813-010-0700 - Housing Assistance Payments Request and Certification Processing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 shall review and approve documents and electronic transmissions relating to
			 Section 8 subsidized Projects. The Department shall establish such reasonable
			 requirements necessary to assure timely and accurate submission of such
			 documents and transmissions. In order for the Department to disburse Housing
			 Assistance Payments (HAP) to Borrowers of Section 8 Projects, Borrowers shall
			 submit to the Department the following information:
(a) Electronic certifications of resident
			 income;
(b) Electronic
			 recertifications of resident income; and
(c) Electronic and paper requests for
			 HAP.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 10 - MULTI-UNIT HOUSING PROGRAM › Section 813-010-0705 - Loan Servicing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 servicing of loans shall be performed by servicer(s) selected and approved by
			 the Department. Servicing, unless performed by the Department itself, shall be
			 conducted under the terms and conditions contained in a servicing agreement
			 entered into between the Department and any Approved Servicer. The Department
			 shall prescribe the form of the servicing agreement. The Approved Servicer
			 shall:
(a) Promptly collect all payments due
			 under the Loan Agreement, Regulatory Agreement and Declaration of Restrictive
			 Covenants;
(b) Provide the
			 Department with a monthly accounting of loan payments and
			 disbursements;
(c) Ensure that
			 escrow account balances are maintained at a level sufficient for the payment of
			 the Project's property taxes, insurance premiums and costs of replacement as
			 they become due and payable;
(d)
			 Forward payments to the Department according to the provisions of the servicing
			 agreement;
(e) Forward payments for
			 insurance premiums to the insurance company when due;
(f) Forward payments for property taxes to
			 the county assessor when due;
(g)
			 Assure that all improvements on the mortgaged premises are kept insured against
			 fire and extended coverage, casualty, liability and business income loss in
			 accordance with the Regulatory Agreement and Declaration of Restrictive
			 Covenants;
(h) Provide the Borrower
			 with regular analyses of servicing accounts; and
(i) Perform such other responsibilities as
			 the Department may prescribe.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 10 - MULTI-UNIT HOUSING PROGRAM › Section 813-010-0710 - Change of Servicers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 servicing agreement may be terminated or amended as provided in the servicing
			 agreement or the Program rules.
(2)
			 The Department may direct a change of Approved Servicers at any time consistent
			 with the terms of the servicing agreement and these rules.
Stat. Auth: ORS 183,
				  456.515 -
				  456.725 &
				  458.210 -
				  458.650
Stats. Implemented: ORS
				  456.555 &
				  456.625
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 10 - MULTI-UNIT HOUSING PROGRAM › Section 813-010-0715 - Loan Prepayments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is
			 the general policy of the Department not to accept prepayments. The Department
			 may, however, permit a prepayment if, in its sole discretion, the Department
			 determines that the prepayment is consistent with the best interests of the
			 Department, including its public purpose as defined in ORS
			 456.550.
(a) The Borrower must submit to the
			 Department a written request for prepayment at least 90 days prior to the
			 Borrower's estimated prepayment date;
(b) The Department may charge the Borrower a
			 prepayment review fee to cover the Department's cost of review and processing
			 the prepayment request.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 10 - MULTI-UNIT HOUSING PROGRAM › Section 813-010-0720 - Disposal of Department-Owned Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may transfer ownership of
			 a Department-owned Project through sale, gift or other lawful manner to a
			 Person or Persons whom the Department determines best meets the requirements of
			 this Program. The Department shall establish written procedures for selling a
			 Project prior to any offering of such project, as applicable.
(2) The method of transfer of ownership,
			 timing, price, terms and any other factors pertinent to the transfer of
			 ownership shall be determined by the Department, in a manner which, in the
			 opinion of the Department, best preserves the integrity and continuity of the
			 Department's rental programs. Factors the Department may consider include, but
			 are not limited to:
(a) The financial
			 investment of the Department in the Project;
(b) Preservation of existing rental
			 housing;
(c) Proposed owner's
			 ability to manage, market, maintain and protect the project and property used
			 as security for the loan made by the Department;
(d) Proposed owner's capacity to preserve or
			 improve upon the projects safety, sanitation, durability and
			 livability;
(e) Proposed Owner's
			 ability to preserve units which are affordable and suitable to the needs of the
			 residents; and
(f) Continued
			 compliance with state or federal laws, rules or regulations, as applicable to
			 the financing or use of the Project.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 10 - MULTI-UNIT HOUSING PROGRAM › Section 813-010-0740 - Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may waive or modify any requirements of OAR 813,
				division 010, unless such waiver or modification would violate applicable
				federal or state statutes or regulations.
Stat. Auth.: ORS
				  456.515 -
				  456.720
Stats. Implemented: ORS
				  456.555
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 12 - RENTAL HOUSING PROGRAM › Section 813-012-0010 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
The rules of OAR chapter 813, division 12, is promulgated to
				carry out the provisions of ORS
				456.515 through
				456.720, and specifically ORS
				456.550 through
				456.720, as they pertain to the
				administration by the Housing and Community Services Department (Department) of
				the Rental Housing Program. These rules and the related determinations and
				order of the Department constitute the Department's Rental Housing Program. The
				purpose of the program is to provide funds to finance the construction,
				rehabilitation and/or acquisition of multi-unit rental housing for persons of
				lower income in the State of Oregon, while providing sufficient safeguards to
				protect the financial interests of the state.
Stat. Auth.: ORS
				  90.800 -
				  90.840,
				  90.630, 183,
				  456.515 -
				  456.723 &
				  458.210 -
				  458.650
Stats. Implemented: ORS
				  456.625
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 12 - RENTAL HOUSING PROGRAM › Section 813-012-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All terms are
			 used in OAR chapter 813, division 012, as defined in the Act, and as provided
			 in 813-005-0005  and herein.
(2) As
			 used in OAR chapter 813, division 012, unless the context indicates otherwise:
(a) "Code" means the
Internal Revenue
			 Code of 1986
, as amended.
(b) "HUD" means U.S. Department of Housing
			 and Urban Development.
(c) "Rental
			 Housing Project" or "Project" means a structure or facility described in OAR
			 813-012-0030.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 12 - RENTAL HOUSING PROGRAM › Section 813-012-0030 - Eligible Rental Housing Projects

Current through Register Vol. 63, No. 7, July 1, 2024
In order to qualify for a Program Loan, a Project shall:
(1) Be constructed and operated by the
			 Borrower in accordance with the restrictions set forth in these rules, the
			 Commitment and the Department's Rental Housing Program Loan Documents. The
			 Program documents will require the Borrower to operate the Project so that all
			 residents are persons of lower income pursuant to ORS
			 456.615, and so that the Project
			 qualifies for tax-exempt financing under
Section 103 of the
			 Code
;
(2) Be a structure or
			 facility which provides five or more living units for lower income Persons or
			 households, and may provide spaces for common use by the occupants in social,
			 recreational and daycare activities:
(a)
			 Projects may include, but are not limited to: disabled, elderly, congregate,
			 and manufactured dwelling parks in which the manufactured dwellings are rental
			 units;
(b) Projects do not include:
(A) Group care homes, nursing homes or
			 hospitals;
(B) Structure primarily
			 for recreational or social activities; and
(C) Single-family detached dwellings except
			 as provided for in tax law.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 12 - RENTAL HOUSING PROGRAM › Section 813-012-0040 - Resident Eligibility and Occupancy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be eligible to occupy a Project, a
			 Person or household shall:
(a) Be a resident
			 of the state;
(b) Have an
			 annualized gross household income which does not exceed the limit established
			 by the Department from time to time in compliance with the Act, and the limits
			 of Section 142(d)(1) of the Code, if applicable.
(c) The project shall conform to the maximum
			 income requirement of ORS
			 456.620(4). A
			 maximum of one-third of the units in a housing project, housing development or
			 other residential housing financed by the Department may be rented to
			 households with an income level exceeding 120 percent of the median family
			 income level, as determined by the Department.
(A) Relating specifically to
			 acquisition/rehabilitation projects only, where tenants already reside in the
			 project, the Department, at its sole discretion, may allow up to a one (1) year
			 grace period for implementation of the standards identified in subsection (c)
			 above in order to reduce the impact of displacement for over-income
			 residents.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 12 - RENTAL HOUSING PROGRAM › Section 813-012-0050 - Restrictions Associated with Tax-Exempt Financing

Current through Register Vol. 63, No. 7, July 1, 2024
All projects will be required to comply with the applicable
				restrictions of Section 103 and Sections 141 to 149 of the Code. The Department
				expects to provide financing for Projects under the Rental Housing Program by
				issuing Bonds, the interest on which is excludable from gross income under the
				Code. The exclusion is available under
Section 103 of the Code
,
				and is detailed in Sections 141 through 149 of the Code. These Code provisions
				impose substantial restrictions on the Projects which receive financing, the
				amount of financing, and the residents who occupy the Projects. The
				restrictions may vary depending on the type of entity which owns and operates
				the Project; projects owned or operated by private, for-profit entities are
				subject to the greatest restrictions, as detailed in Section 142(d) of the Code
				and the applicable regulations.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  90.800 -
				  90.840,
				  91.886,
				  456.515 -
				  456.723 &
				  458.210 -
				  458.650
Stats. Implemented: ORS
				  456.625
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 12 - RENTAL HOUSING PROGRAM › Section 813-012-0060 - Borrower Reporting and Record Keeping

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Borrower shall determine at least
			 annually whether a resident of a unit is a lower-income Person or household on
			 the basis of the current income of the resident in a manner satisfactory to the
			 Department.
(2) The Borrower shall
			 make periodic reports to the Department regarding the occupants of the Project
			 in the manner and with the frequency required by the Department.
(3) The Borrower shall permit at any time
			 during the original term of the Program Loan, any duly authorized
			 representative of the Department to inspect the books and records of the
			 Borrower pertaining to the incomes of Persons or households residing in the
			 Project.
Stat. Auth.: ORS
				  90.800 -
				  90.840,
				  90.630, 183,
				  456.515 -
				  456.723,
				  458.210 -
				  458.650
Stats. Implemented: ORS
				  456.625
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 12 - RENTAL HOUSING PROGRAM › Section 813-012-0070 - Insurance and Guarantees

Current through Register Vol. 63, No. 7, July 1, 2024
The Borrower shall be responsible for obtaining HUD/FHA
				insurance or other guarantee satisfactory to the Department.
Stat. Auth.: ORS
				  90.800 -
				  90.840,
				  90.630, 183,
				  456.515 -
				  456.723,
				  458.210 -
				  458.650
Stats. Implemented: ORS
				  456.625
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 12 - RENTAL HOUSING PROGRAM › Section 813-012-0080 - Criteria for Selecting Projects

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may select Project applications which, in the
				judgment of the Department best achieve the purposes of the Program and the
				Act. Preference will be given to Projects which:
(1) Have the lowest rents possible in
			 comparison with local market rents (as determined by the Department) in the
			 community where the Project is to be located;
(2) Have the greatest level of support
			 services appropriate to the needs of the expected resident population (e.g.
			 child care, job training); and
(3)
			 Because of their characteristics, would have the most difficulty obtaining
			 other financing.
Stat. Auth.: ORS
				  90.800 -
				  90.840,
				  90.630, 183,
				  456.515 -
				  456.723,
				  458.210 -
				  458.650
Stats. Implemented: ORS
				  456.625
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 12 - RENTAL HOUSING PROGRAM › Section 813-012-0090 - Processing Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall provide a list of Program Loan application contents, and shall
			 provide the prospective Borrower a reasonable opportunity to discuss the
			 application and the Department's criteria for financing.
(2) After receiving a completed Program Loan
			 application package from the prospective Borrower, the Department shall
			 evaluate each Project for consistency with the Department's underwriting and
			 policy standards.
(3) Program Loans
			 under $100,000 may be approved by the Department. Any Program Loan for an
			 amount over $100,000 must be approved by the State Housing Council:
(a) The Department shall review each
			 application for a Program Loan over $100,000 and prepare a recommendation to
			 the Council for approval or disapproval. The Department will send a copy of its
			 recommendation to the prospective Borrower with a notice of the Council meeting
			 at which the application will be considered. Upon receipt of the notice, the
			 prospective Borrower may request an opportunity to present testimony at the
			 meeting;
(b) After considering the
			 Department's proposal, as well as any other testimony presented, the Council
			 shall approve or disapprove the application or take other appropriate
			 action;
(c) The prospective
			 Borrower shall promptly be advised in writing of the Council's
			 decision.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 12 - RENTAL HOUSING PROGRAM › Section 813-012-0100 - Fees, Charges and Loan Interest Rate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may charge a nonrefundable
			 commitment fee up to two percent of the committed Program Loan amount. The
			 Eligible Borrower shall include the fee, if any, with the Eligible Borrower's
			 signed acceptance of the Commitment when it is returned to the
			 Department.
(2) The Department may
			 require from the Borrower additional charges to cover the costs and reduce the
			 financial risk to the Department of issuing Bonds.
(3) The Department shall establish loan rates
			 which are at least sufficient to permit the Department to pay debt service on
			 its Bonds, and costs of issuing the Bonds and administering the Rental Housing
			 Program.
Stat. Auth.: ORS
				  90.800 -
				  90.840,
				  90.630, 183,
				  456.515 -
				  456.723,
				  458.210 -
				  458.650
Stats. Implemented: ORS
				  456.625
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 12 - RENTAL HOUSING PROGRAM › Section 813-012-0110 - Program Loans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be eligible
			 to receive a Program Loan for financing, an Eligible Borrower shall comply with
			 the terms contained in the Commitment issued by the Department and those
			 conditions of eligibility set forth in these Program rules.
(2) Loan Documents shall be on forms approved
			 by the Department.
(3)
			 Notwithstanding any other provision contained in the Program rules, the
			 Department shall not disburse funds for a Program Loan until:
(a) The Project has been completed to the
			 satisfaction of the Department;
(b)
			 The Eligible Borrower executes a loan agreement, trust deed note and first lien
			 trust deed or other evidence of security, and other program documentation
			 satisfactory to the Department;
(c)
			 The Eligible Borrower has satisfied all conditions contained in the Commitment;
			 and
(d) If the Project is subject
			 to requirements which may continue after payment of the Department's loan, a
			 regulatory agreement is recorded which details those requirements.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 12 - RENTAL HOUSING PROGRAM › Section 813-012-0120 - Construction and Completion

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 During the construction of the Project, the Department may conduct random
			 inspections for Borrower's compliance with the plans and specifications
			 previously approved by the Department. The Borrower's supervising architect
			 shall submit regular inspection reports to the Department. Change orders must
			 be signed by the contractor, supervising architect, the Borrower and HUD, if
			 applicable, before being submitted to the Department for its
			 approval.
(2) Upon completion of
			 construction of a Project, the Department and other contractual or regulatory
			 entities, as applicable, may perform an inspection to assure the Borrower's
			 compliance with the approved plans and specifications. If some items of
			 construction remain to be completed due to circumstances beyond the control of
			 the Borrower (provided the incomplete items do not detract from livability or
			 safety of the Project), the Department may require the Borrower to place in an
			 escrow account, approved by the Department and under Department control, an
			 amount equal to one and one-half times the estimated cost of completion, until
			 the construction item is completed.
(3) Upon substantial completion of
			 acquisition, construction and equipping of the Project, the Borrower shall
			 submit to the Department a certificate containing the following:
(a) The Borrower's statement that the Project
			 has been substantially completed and is ready and available for occupancy as of
			 a specified date (which shall be the completion date);
(b) The Borrower's statement of the aggregate
			 amount, if any, advanced against the Program Loan prior to and upon the
			 completion date; and
(c) The
			 Borrower's certification that as of the completion date, there has been full
			 compliance with the provisions of the Regulatory Agreement and Declaration of
			 Restrictive Covenants.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 12 - RENTAL HOUSING PROGRAM › Section 813-012-0130 - Loan Servicing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 servicing of loans shall be performed by servicer(s) selected by the
			 Department. Servicing, unless performed by the Department, shall be conducted
			 under the terms and conditions contained in a servicing agreement entered into
			 between the Department and the Approved Servicer. The Department shall
			 prescribe the form of the servicing agreement. The Approved Servicer shall:
(a) Promptly collect all payments due under
			 the Loan Agreement and Regulatory Agreement and Declaration of Restrictive
			 Covenants;
(b) Provide the
			 Department with a monthly accounting of Program Loan payments and
			 disbursements;
(c) Ensure that
			 escrow account balances are maintained at a level sufficient for the payment of
			 the Project's property taxes, insurance premiums and costs of replacement as
			 they become due and payable;
(d)
			 Forward payments to the Department according to the provisions of the servicing
			 agreement;
(e) Forward payments for
			 insurance premiums to the insurance company when due;
(f) Forward payments for property taxes to
			 the county assessor when due;
(g)
			 Assure that all improvements on the mortgaged premises are kept insured against
			 fire and extended coverage, casualty, liability and business income loss in
			 accordance with the Loan Agreement and Regulatory Agreement and Declaration of
			 Restrictive Convents;
(h) Provide
			 the Borrower with regular analyses of servicing accounts; and
(i) Perform such other responsibilities as
			 the Department may prescribe.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 12 - RENTAL HOUSING PROGRAM › Section 813-012-0140 - Change of Approved Servicers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The servicing agreement may be terminated or amended as provided in the
			 servicing agreement or these rules.
(2) The Department may direct a change of
			 Approved Servicers at any time consistent with the terms of the servicing
			 agreement and these rules.
Stat. Auth.: ORS
				  90.800 -
				  90.840,
				  90.630, 183,
				  456.515 -
				  456.723,
				  458.210 -
				  458.650
Stats. Implemented: ORS
				  456.625
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 12 - RENTAL HOUSING PROGRAM › Section 813-012-0150 - Transfer of Ownership

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 Borrower or Eligible Borrower who has received a Program Loan or Commitment
			 from the Department shall not transfer ownership, lease or otherwise encumber
			 any property which serves or will serve as security for a Program Loan without
			 prior written approval from the Department. Approval will not be unreasonably
			 withheld.
(2) A transfer of
			 ownership means a sale, conveyance or other transfer of:
(a) Any interest of a general
			 partner;
(b) Any interest in a
			 joint venture;
(c) More than 25
			 percent of the limited partner's interest;
(d) More than 10 percent of a corporate
			 owner's interest; or
(e) Any
			 individual interest when the ownership is not a limited partnership, general
			 partnership, joint venture or corporation.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 12 - RENTAL HOUSING PROGRAM › Section 813-012-0160 - Loan Prepayments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is
			 the general policy of the Department not to accept prepayments. The Department
			 may, however, permit a prepayment if, in its sole discretion, the Department
			 determines that the prepayment is consistent with the best interests of the
			 Department, including its public purpose as defined in ORS
			 456.550.
(a) The Borrower must submit to the
			 Department a written request for prepayment at least 90 days prior to the
			 Borrower's estimated prepayment date;
(b) The Department may charge the Borrower a
			 prepayment review charge to cover the Department's cost of review and
			 processing the prepayment request.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 12 - RENTAL HOUSING PROGRAM › Section 813-012-0170 - Disposal of Department-Owned Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may transfer ownership of
			 a Department-owned Project through sale, gift or other lawful manner to a
			 Person or Persons whom the Department determines best meets the requirements of
			 this Program. The Department shall establish procedures for selling a Project
			 prior to any offering of such Project.
(2) The method of transfer of ownership,
			 timing, price, terms and any other factors pertinent to the transfer of
			 ownership shall be effected by the Department in a manner which, in the opinion
			 of the Department, best preserves the integrity and continuity of the
			 Department's rental programs. Factors the Department may consider include, but
			 are not limited to:
(a) The financial
			 investment of the Department in the Project;
(b) Preservation of existing rental
			 housing;
(c) Proposed owner's
			 ability to manage, market, maintain and protect property used as security for
			 the loan made by the Department, if applicable;
(d) Proposed owner's capacity to preserve or
			 improve upon the property's safety, sanitation, durability and
			 livability;
(e) Proposed owner's
			 ability to preserve units which are affordable and suitable to the needs of the
			 residents; and
(f) Continued
			 compliance state or federal laws, rules or regulations, as applicable to the
			 financing or use of the Project.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 12 - RENTAL HOUSING PROGRAM › Section 813-012-0180 - Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may waive or modify any requirements of OAR 813,
				division 012, unless such waiver or modification would violate applicable
				federal or state statutes or regulations.
Stat. Auth.: ORS
				  456.515 -
				  456.720
Stats. Implemented: ORS
				  456.555
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 13 - VERTICAL HOUSING PROGRAM › Section 813-013-0001 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 chapter 813, division 013, is promulgated to carry out the provisions of ORS
			 307.841 to
			 307.867 (the "Act") as they
			 pertain to the administration by the Housing and Community Services Department
			 (the "department") of the Vertical Housing Program described herein (the
			 "program"). The Act, this division and other applicable rules of the
			 department, related documents, and applicable department determinations and
			 orders constitute the program. The basic purpose of the program is to encourage
			 construction or rehabilitation of eligible properties in areas of communities
			 appropriately targeted under the program in order to augment the availability
			 of suitable housing and to revitalize involved communities. Division 013 sets
			 forth relevant aspects of the program, including processes and criteria for the
			 designation of vertical housing development zones ("VHDZs"), for the
			 application and approval of certified projects, for the calculation of any
			 applicable partial property tax exemptions, and for the monitoring and
			 maintenance of properties as qualifying certified projects.
(2) Division 013 is not meant to interfere
			 with the direct administration of property tax assessments by county assessors
			 and does not supersede administrative rules of the Department of Revenue in OAR
			 chapter 150 pertaining to the valuation of property for purposes of property
			 tax assessments, including as adopted or amended in the future.
Stat. Auth.: ORS
				  456.555,
				  307.841 -
				  307.867
Stats. Implemented: ORS
				  456.555,
				  307.841 -
				  307.867
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 13 - VERTICAL HOUSING PROGRAM › Section 813-013-0005

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  456.555,
				  307.841 -
				  307.867
Stats. Implemented: ORS
				  456.555,
				  307.841 -
				  307.867
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 13 - VERTICAL HOUSING PROGRAM › Section 813-013-0010

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  456.555,
				  307.841 -
				  307.867
Stats. Implemented: ORS
				  456.555,
				  307.841 -
				  307.867
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 13 - VERTICAL HOUSING PROGRAM › Section 813-013-0030

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  456.555
Stats. Implemented: ORS
				  307.844 -
				  307.851,
				  307.857,
				  307.861
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 15 - OREGON RURAL REHABILITATION PROGRAM › Section 813-015-0001 - General Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
OAR chapter 813, division 15, is promulgated to accomplish the
				general purpose of ORS
				456.515 to
				456.725 and
				566.310 to
				566.360, specifically
				566.340, which authorizes the
				Department to make funds available to provide housing or related facilities for
				Farmworkers. The objective of the Oregon Rural Rehabilitation (ORR) Program is
				to provide financial assistance in the form of ORR Loans to Eligible Borrowers
				for the construction, acquisition and/or rehabilitation of housing for
				Farmworkers and their families, thereby expanding the supply of affordable,
				decent and safe housing for Farmworkers and their families in
				Oregon.
Stat Auth: ORS
				  456.515 -
				  456.725
Stats Implemented: ORS
				  456.515 -
				  456.725,
				  566.310 -
				  566.360
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 15 - OREGON RURAL REHABILITATION PROGRAM › Section 813-015-0006 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
All words and terms used in OAR chapter 813, division 015, are
				defined in ORS 456.515 to
				456.725,
				566.310 to
				566.360 and as provided in
				813-005-0005  and herein. As used in these rules, unless the context indicates
				otherwise:
(1) "Eligible Project"
			 means the acquisition, construction and/or rehabilitation of housing or related
			 facilities which shall be primarily occupied by Farmworkers who, in the last 12
			 calendar months have, at a minimum, earned fifty percent (50%) of their income
			 or worked fifty percent (50%) of their time in agriculture or
			 aquaculture.
(2) "Farmworker" means
			 any person working in connection with cultivating soil, raising or harvesting
			 any agricultural or aquacultural commodity as further described in OAR
			 813-039-0010(6).
(3) "Fund" means
			 the Oregon Rural Rehabilitation (ORR) Fund.
(4) "Nonprofit Housing Corporation" means an
			 organization formed under ORS chapter 65 that has been organized exclusively to
			 provide housing facilities as further described in ORS
			 456.615(14).
(5) "ORR Loan" means a loan by the Department
			 to finance a Farmworker housing project as part of the Oregon Rural
			 Rehabilitation Loan Program.
Stat Auth: ORS
				  456.515 -
				  456.725
Stats Implemented: ORS
				  456.515 -
				  456.725,
				  566.310 -
				  566.360
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 15 - OREGON RURAL REHABILITATION PROGRAM › Section 813-015-0011 - Eligibility for Funding

Current through Register Vol. 63, No. 7, July 1, 2024
Subject to the availability of Funds and limitations otherwise
				prescribed by law, the Department may provide funding in the form of ORR Loans
				to Eligible Borrowers for Eligible Projects.
(1) The Department may make ORR Loans to
			 Eligible Borrowers under the terms and conditions as set forth in the Program
			 rules and Program loan application.
(2) Program criteria includes but is not
			 limited to:
(a) The Eligible Borrower shall
			 provide a complete Program loan application, as determined by the
			 Department.
(b) The Eligible
			 Project may be new construction, acquisition and/or rehabilitation, multiple
			 homeownership or multi-family rental housing with a minimum of two (2)
			 units.
(c) The ORR Loan may be in a
			 first or junior lien position provided there is one-hundred percent (100%) or
			 greater security of the ORR Loan for the full term, as determined by the
			 Department.
(d) The ORR Loan shall
			 not exceed 35 percent (35%) of the Eligible Project costs or $100,000;
			 whichever is less, except upon a finding by the Department that special
			 circumstances justify a greater amount at the discretion of the
			 Director.
(e) Eligible Borrowers
			 include Nonprofit Housing Corporations, for profit or governmental entities
			 that are developers of affordable Farmworker housing.
(f) The Eligible Project must be used
			 primarily as Farmworker housing with related support services, as further
			 defined in Division 813-015-0006.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 15 - OREGON RURAL REHABILITATION PROGRAM › Section 813-015-0016 - Availability and Source of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department may provide funding, subject to the availability of Funds
			 through a process which may include, but is not limited to, a first come-first
			 reviewed process or a competitive review process.
(2) The Oregon Rural Rehabilitation (ORR)
			 Program is funded by monies realized from an agreement between the State of
			 Oregon and the Secretary of Agriculture of the United States. The ORR fund was
			 originally established following the Depression as part of New Deal efforts to
			 stabilize the agricultural economy and strengthen rural communities. For many
			 years the funds were administered by the federal government and the Oregon
			 Rural Rehabilitation Corporation. The State Land Board became the successor to
			 the Oregon Rural Rehabilitation Corporation in 1953. In 1975 an agreement was
			 signed between the Division of State Lands and the U.S. Department of
			 Agriculture, Farmers Home Administration, for administration of the ORR fund.
			 In 1994 the Oregon Legislative Assembly transferred the ORR Program from the
			 Division of State Lands to Oregon Housing and Community Services (OHCS). Since
			 1994, OHCS has operated the ORR fund as a revolving loan account.
Stat Auth: ORS
				  456.515 -
				  456.725
Stats Implemented: ORS
				  456.515 -
				  456.725,
				  566.310 -
				  566.360
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 15 - OREGON RURAL REHABILITATION PROGRAM › Section 813-015-0021 - Program Loan Terms

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The term
			 of an ORR Loan may be up to, but shall at no time exceed, ten (10) years
			 without prior written approval by the Department.
(2) Interest shall accrue at a per annum rate
			 not exceeding one percent (1%) made to an Eligible Borrower who is a Nonprofit
			 Housing Organization, and at a per annum rate not exceeding three percent (3%)
			 made to any other Eligible Borrower.
(3) The Department will notify the Eligible
			 Borrower of the type of funding, if any, to be provided and the terms and
			 conditions of the ORR Loan in the form of a Commitment letter. The Commitment
			 letter shall be executed by the Eligible Borrower prior to any advance of funds
			 or contractual agreements are signed.
(4) The terms and conditions that may be
			 contained in the Commitment letter may include, but are not limited to:
(a) The approved amount of the ORR
			 Loan;
(b) The charges and premiums
			 that are due and payable;
(c) The
			 interest rate;
(d) The repayment
			 terms;
(e) The Loan Documents to be
			 executed by the Eligible Borrower;
(f) Performance criteria; and,
(g) Reporting criteria.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 15 - OREGON RURAL REHABILITATION PROGRAM › Section 813-015-0026 - Loan Security

Current through Register Vol. 63, No. 7, July 1, 2024
Not withstanding any other provision contained in the Program
				rules, the Department will not disburse funds for an ORR Loan until:
(1) The Eligible Borrower has provided
			 adequate verification, satisfactory to the Department, which determines the
			 value of the security.
(2) The ORR
			 Loan is secured by a fully executed trust deed note and other appropriate Loan
			 Documents as determined by the Department.
(3) The trust deed is recorded and is in an
			 acceptable lien position, as determined by the Department.
(4) The Eligible Borrower has satisfied all
			 conditions contained in the Commitment letter.
Stat Auth: ORS
				  456.515 -
				  456.725
Stats Implemented: ORS
				  456.515 -
				  456.725,
				  566.310 -
				  566.360
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 15 - OREGON RURAL REHABILITATION PROGRAM › Section 813-015-0031 - Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
An Eligible Borrower shall submit, in form and in accordance
				with a process prescribed by the Department, information which includes but is
				not limited to:
(1) Completion of the
			 prescribed Program loan application accompanied by the application charge as
			 determined by the Department.
(2)
			 The prescribed Program loan application may include, but is not limited to:
(a) A written description of the Eligible
			 Project, including the number of units, proposed rents, site location, the
			 proposed program of services for residents and the availability of those
			 services in the future, Eligible Project amenities, and any other information
			 pertinent to the Eligible Project;
(b) A proforma of the Eligible Project's
			 operating budget, sources of funding, and development budget;
(c) The amount of Funds requested;
(d) A description of the experience of the
			 Eligible Borrower, consultant, property manager, general contractor, and other
			 members of the development team as requested by the Department;
(e) Adequate verification of value for the
			 collateral offered as security for the ORR Loan;
(f) A financially viable repayment plan that
			 meets the Program loan terms; and
(g) Such other information and documentation
			 as prescribed in the Program loan application and as the Department may
			 require.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 15 - OREGON RURAL REHABILITATION PROGRAM › Section 813-015-0035 - Application Review and Processing Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department will review Program loan
			 applications upon their appropriate delivery subject to, but not limited to:
(a) Applications being complete and
			 consistent with Department and Program requirements, guidelines and policy
			 standards.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 15 - OREGON RURAL REHABILITATION PROGRAM › Section 813-015-0040 - Transfer of Ownership

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 Eligible Borrower who has received an ORR Loan shall not transfer ownership,
			 lease, or otherwise encumber any property which serves as security for a ORR
			 Loan without prior written consent from the Department. Consent will not be
			 unreasonably withheld.
(2) A
			 transfer of ownership means a sale, conveyance or other transfer of:
(a) Any interest of a general
			 partner;
(b) Any interest in a
			 joint venture;
(c) More than
			 twenty-five percent (25%) of the limited partner's interest;
(d) More than ten percent (10%) of a
			 corporate owner's interest; or
(e)
			 Any individual interest when the ownership is not a limited partnership, joint
			 venture or corporation.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 15 - OREGON RURAL REHABILITATION PROGRAM › Section 813-015-0045 - Equal Opportunity

Current through Register Vol. 63, No. 7, July 1, 2024
No person receiving Program Funding under OAR chapter 813,
				division 15, shall make any distinction or restriction or discriminate against
				any purchaser, occupant or lessee, or prospective purchaser, occupant or
				lessee, relating to the sale, rental, lease or occupancy of real property,
				because of race, color, creed, sex, marital status or national
				origin.
Stat Auth: ORS
				  456.515 -
				  456.725
Stats Implemented: ORS
				  456.515 -
				  456.725,
				  566.310 -
				  566.360
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 15 - OREGON RURAL REHABILITATION PROGRAM › Section 813-015-0050 - Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may waive or modify any requirements of OAR 813,
				division 015, unless such waiver or modification would violate applicable
				federal or state statures or regulations.
Stat Auth: ORS
				  456.515 -
				  456.725
Stats Implemented: ORS
				  456.515 -
				  456.725,
				  566.310 -
				  566.360
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 20 - SINGLE-FAMILY MORTGAGE PROGRAM › Section 813-020-0005 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
The rules of OAR chapter 813, division 20 establish and
				implement the Single-Family Mortgage Program. Under the program, the Department
				purchases loans issued by lenders for acquisition of single family homes in
				order to encourage and assist moderate- and lower-income persons in Oregon to
				purchase, improve and rehabilitate owner-occupied new and existing residential
				housing.
Stat. Auth.: ORS
				  456.555
Stats. Implemented: ORS
				  456.620,
				  456.625,
				  456.635 &
				  456.640
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 20 - SINGLE-FAMILY MORTGAGE PROGRAM › Section 813-020-0020 - Approved Lenders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A bank,
			 savings bank or other financial institution that is authorized under the laws
			 of a state or of the United States to engage in the business of making secured
			 loans for residential housing may apply to become a lender under the Single
			 Family Mortgage Program. An applicant shall submit to the Department:
(a) An application in the form prescribed by
			 the Department;
(b) An opinion by
			 the counsel of the applicant regarding the power and authority of the applicant
			 to enter into a loan purchase agreement with the Department;
(c) A list of the authorized officers of the
			 applicant and the signature of each officer;
(d) The most recent audited financial
			 statements of the applicant;
(e)
			 Documentation evidencing the applicant's bond and insurance coverage;
			 and
(f) An application charge in an
			 amount established by the Department for its costs of evaluation and
			 administration.