reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 41 - AGRICULTURE WORKFORCE HOUSING TAX CREDIT PROGRAM › Section 813-041-0020 - Standby Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Qualifying applications not selected for a reservation of AWHTC Program credits
			 in a particular year because the amount of available AWHTC Program credits has
			 already been allocated will be put on a standby list for a potential allocation
			 if any previously allocated AWHTC Program credits become available.
(2) If an application is declined by OHCS as
			 not qualifying for further evaluation solely because the estimated eligible
			 costs, when aggregated with the estimated eligible costs of all projects
			 approved to that date for the calendar year, exceed the limitation on the total
			 of estimated eligible costs under ORS
			 315.167,
			 the applicant may:
(a) Request a reduction of
			 the estimated eligible costs for the project to an amount that, when aggregated
			 with the estimated eligible costs of all projects approved to that date for the
			 calendar year, would not exceed the limitation; or
(b) Request that OHCS place the taxpayer on a
			 standby list for future possible eligibility.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 41 - AGRICULTURE WORKFORCE HOUSING TAX CREDIT PROGRAM › Section 813-041-0026 - Requirements for Obtaining a Letter of Credit Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After issuance of a reservation letter
			 for AWHTC Program credits and satisfactory completion of reservation
			 requirements by applicant, OHCS will issue of a Letter of Credit Approval
			 (LOCA). The LOCA amount cannot exceed fifty percent (50%) of final eligible
			 costs of the project. If final eligible costs do not support the AWHTC Program
			 credit amount in the reservation letter, the AWHTC Program credit award will be
			 reduced from the amount requested to the minimum amount required to make the
			 project financially viable (as determined by OHCS)
(2) OHCS will release a Letter of Credit
			 Approval (LOCA) provided the taxpayer or contributor has met the following
			 criteria:
(a) OHCS has issued a reservation of
			 AWHTC;
(b) The local planning
			 authority has issued a Certificate of Occupancy or similar official declaration
			 that the project is ready for residents; and
(c) OHCS has verified final eligible costs
			 for the project.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 41 - AGRICULTURE WORKFORCE HOUSING TAX CREDIT PROGRAM › Section 813-041-0026 - Requirements for Obtaining a Letter of Credit Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After issuance
			 of a reservation letter for AWHTC Program credits and satisfactory completion
			 of reservation requirements by applicant, OHCS will issue of a Letter of Credit
			 Approval (LOCA). The LOCA amount cannot exceed fifty percent (50%) of final
			 eligible costs of the project. If final eligible costs do not support the AWHTC
			 Program credit amount in the reservation letter, the AWHTC Program credit award
			 will be reduced from the amount requested to the minimum amount required to
			 make the project financially viable (as determined by OHCS)
(2) OHCS will release a Letter of Credit
			 Approval (LOCA) provided the taxpayer or contributor has met the following
			 criteria:
(a) OHCS has issued a reservation
			 of AWHTC;
(b) The local planning
			 authority has issued a Certificate of Occupancy or similar official declaration
			 that the project is ready for residents; and
(c) OHCS has verified final eligible costs
			 for the project.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 41 - AGRICULTURE WORKFORCE HOUSING TAX CREDIT PROGRAM › Section 813-041-0027 - Charges, Annual Certification, and Compliance Monitoring

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OHCS may assess, and the assessed
			 applicant or other applicable party will pay, such charges as OHCS determines
			 appropriate for reviewing an application and for issuance of a LOCA.
(2) OHCS may assess, and the applicant,
			 owner, operator, or other applicable party will pay, such charges as OHCS
			 determines appropriate from time to time for its monitoring of the project for
			 compliance with program requirements and/or enforcement of appropriate program
			 compliance, including but not limited to:
(a)
			 Meeting appropriate construction and maintenance standards, and
(b) Satisfying and documenting applicable
			 affordability compliance.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 41 - AGRICULTURE WORKFORCE HOUSING TAX CREDIT PROGRAM › Section 813-041-0027 - Charges, Annual Certification, and Compliance Monitoring

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OHCS may
			 assess, and the assessed applicant or other applicable party will pay, such
			 charges as OHCS determines appropriate for reviewing an application and for
			 issuance of a LOCA.
(2) OHCS may
			 assess, and the applicant, owner, operator, or other applicable party will pay,
			 such charges as OHCS determines appropriate from time to time for its
			 monitoring of the project for compliance with program requirements and/or
			 enforcement of appropriate program compliance, including but not limited to:
(a) Meeting appropriate construction and
			 maintenance standards, and
(b)
			 Satisfying and documenting applicable affordability compliance.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 42 - HOUSING DEVELOPMENT GRANT PROGRAM › Section 813-042-0000 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
The rules of OAR chapter 813, division 042, are established to
				administer ORS 456.515 to
				456.720 and
				458.600 to
				458.630, which authorize the
				Department to establish a program to expand the state's supply of housing for
				low- and very-low-income families and individuals including, but not limited
				to, persons more than 65 years of age, disabled persons, farmworkers and Native
				Americans. These rules describe the Housing Development Grant Program and its
				objective to provide grants and/or low-interest loans to construct new housing
				or to acquire and/or rehabilitate existing structures for housing persons of
				low and/or very-low income.
Stat. Auth.: ORS
				  456.515 -
				  456.720,
				  458.600 -
				  458.630
Stats. Implemented: ORS
				  456.555
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 42 - HOUSING DEVELOPMENT GRANT PROGRAM › Section 813-042-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
All terms are used in OAR 813, division 042, as defined in the
				Act and as provided in 813-005-0005  and herein. As used in these rules, unless
				the context indicates otherwise:
(1)
			 "Account" means the Housing Development and Guarantee Account.
(2) "Consolidated Plan" means the plan
			 approved by the U.S. Department of Housing and Urban Development (HUD) which
			 describes the needs, resources, priorities and proposed activities to be
			 undertaken with respect to HUD programs.
(3) "Council" means the State Housing Council
			 established in ORS 456.567.
(4) "Department" means Oregon Housing and
			 Community Services Department.
(5)
			 "Disabled Person" means a person who has a physical or mental impairment that
			 substantially limits one or more Major Life Activity.
(6) "In-Kind Contribution" means a supportive
			 project contribution other than cash. In-Kind Contributions include, but are
			 not limited to, office equipment, working space, office supplies, staff time,
			 telephone, support staff time, auto use, donated project materials or labor,
			 and nonBoard volunteer time.
(7)
			 "Affordability Period" means the period during which a project assisted with
			 HDGP funds must remain affordable to Low and Very Low Income residents. The
			 period shall be at least 25 years from the date of the Project Use Agreement.
(8) "Low income" means individual
			 or households whose income is at or above 50 percent and below 80 percent of
			 the median family income for the area, subject to adjustment for areas with
			 unusually high or low incomes or housing costs, all as determined by the
			 Council based on information from the United States Department of Housing and
			 Urban Development.
(9) "Major Life
			 Activity" includes, but is not limited to, self-care, ambulation,
			 communication, transportation, education, socialization, employment and ability
			 to acquire, rent or maintain property.
(10) "Organization" means a:
(a) Nonprofit corporation established under
			 ORS chapter 65;
(b) Housing
			 authority established under ORS
			 456.055 to
			 456.230; or
(c) Local government as defined in ORS
			 197.015.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 42 - HOUSING DEVELOPMENT GRANT PROGRAM › Section 813-042-0020 - Eligibility for Housing Development Grant Program Funds

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall provide grants and/or loans from Account
				revenue subject to the availability of funds and limitations otherwise
				prescribed by law for any or all of the following purposes:
(1) To organizations and for-profit business
			 entities to construct new housing or to acquire and/or rehabilitate existing
			 structures for housing low- and/or very-low income households.
(2) To nonprofit organizations, as set forth
			 in ORS 458.210 to
			 458.240 to provide technical
			 assistance and/or predevelopment costs. Predevelopment costs include, but are
			 not limited to, site acquisition, architectural services and project
			 consultants. Predevelopment costs do not include costs described in subsection
			 (3) of this rule.
(3) For costs to
			 develop, nonprofit organizations that show sufficient evidence of having strong
			 community support and a strong likelihood of producing low- and very-low income
			 housing. No account funds shall be used by an organization for its general
			 operations.
(4) To match public and
			 private moneys available from other sources for the purposes of production of
			 low- and very-low income housing.
Stat. Auth.: ORS
				  456.515 -
				  456.720
Stats. Implemented: ORS
				  456.555
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 42 - HOUSING DEVELOPMENT GRANT PROGRAM › Section 813-042-0030 - Distribution of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall develop a distribution formula which takes into account the
			 relative housing needs of regions in the state, and shall concentrate funds in
			 those areas of the state with the greatest need for low- and very-low income
			 housing as may be evidenced by factors including, but not limited to, the unmet
			 housing need, extent of overcrowding or number of poverty households.
(2) The distribution formula shall provide
			 for a minimum amount of funds to regions of the state. If there are not enough
			 applications submitted from a particular region to use the minimum regional
			 amount, the funds may be distributed to other regions.
Stat. Auth.: ORS
				  456.515 -
				  456.720,
				  458.600 -
				  458.630
Stats. Implemented: ORS
				  456.555
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 42 - HOUSING DEVELOPMENT GRANT PROGRAM › Section 813-042-0040 - Application Procedure and Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may provide grant and/or loan funds subject to
				the availability of funds in the Program through a process which may include,
				but is not limited to, a first-come, first-reviewed or a competitive review
				process. The applicant shall submit, in an application form and process
				prescribed by the Department, project information which includes:
(1) A written description of the project
			 including the number of units, unit mix, proposed rents, site location, the
			 proposed program of services to occupants, project amenities, and any other
			 information pertinent to the project;
(2) A statement of project purpose indicating
			 the housing type and residents to be housed, and the length of time the units
			 will be committed available for low- or very-low income households.
(3) A pro forma of project expenses and
			 income;
(4) Requested amount of
			 grant funds, or requested amount of loan funds including proposed terms of
			 repayment.
(5) Total project
			 development costs, including a description of all additional project funding
			 and funding sources;
(6) A
			 description of the sponsor/developer/owner/manager experience in developing and
			 operating housing projects; and
(7)
			 Such other documentation as the Department may require.
Stat. Auth.: ORS
				  456.515 -
				  456.720,
				  458.600 -
				  458.630
Stats. Implemented: ORS
				  456.555
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 42 - HOUSING DEVELOPMENT GRANT PROGRAM › Section 813-042-0050 - Criteria for Funding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 project grant and/or loan shall be given preference based on:
(a) Providing the greatest number of low- and
			 very-low income housing units for the least amount of Account funds expended or
			 committed toward matching fund from other loans, grants or eligible In-Kind
			 Contributions.
(b) Insuring the
			 longest possible use as low- or very-low income housing units;
(c) Including a program of services for
			 residents of proposed housing including, but not limited to, programs that
			 address home health care, mental health services, alcohol and drug treatment
			 and post-treatment care, child care and case management; and
(d) Other subordinate criteria as determined
			 by the Department including, but not limited to, providing housing for specific
			 populations which have historically faced barriers in finding housing, and
			 which are identified as having a priority in the Consolidated Plan or its
			 successor, or in a state-acknowledged initiative.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 42 - HOUSING DEVELOPMENT GRANT PROGRAM › Section 813-042-0060 - Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 applications where the amount requested from the Program does not exceed
			 $100,000, the Department shall consider the application and make application
			 approval, deny application approval, or request additional information within
			 the timeframe set forth in the application materials.
(2) For applications where the amount
			 requested is in excess of $100,000, or for requests or applications that would
			 result in a cumulative award of more than $100,000 to a project, the Department
			 shall consider the proposal and approve, disapprove or request additional
			 information within the timeframe set forth in the application materials. If the
			 Department proposes to award more than $100,000 to a project, it shall submit
			 the proposal to the State Housing Council for review. The Council shall approve
			 or disapprove the application at a public hearing of the Council, pursuant to
			 ORS 456.571(2).
(3) In reviewing applications for assistance,
			 the Department and the Council, as appropriate, may consider, in addition to
			 any special evaluation criteria, the following:
(a) Amount of available funds in the
			 Program;
(b) Ability of the
			 proposed project to meet proposed terms of loan repayment in cases where the
			 awardee has requested funding as a loan;
(c) Availability of other sources of
			 assistance; and
(d) Applicant's
			 efforts to leverage public or private funds.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 42 - HOUSING DEVELOPMENT GRANT PROGRAM › Section 813-042-0070 - Charges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may require a non-refundable application charge from any applicant requesting
			 Housing Development Guarantee Account funds through the Consolidated Funding
			 Cycle, or otherwise.
(2) The
			 Department may require a supplemental application charge from applicants
			 requesting additional resources for projects that have already been funded by
			 the Department.
(3) The Department
			 may require a transfer application charge from owners of projects that receive
			 grants, loans, or tax credits through the Department, who request the
			 Department's approval of a change in project ownership. The Department may
			 assess a transfer review charge to project owners and transferees who effect a
			 change in project ownership without prior written Department
			 approval.
Stat. Auth.: ORS
				  456.515 -
				  456.720,
				  458.600 -
				  458.630
Stats. Implemented: ORS
				  456.555
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 42 - HOUSING DEVELOPMENT GRANT PROGRAM › Section 813-042-0080 - General Administrative and Monitoring Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may perform such reviews
			 or field inspections as it deems necessary to ensure Program compliance. The
			 Department may require that a Recipient take such remedial actions as described
			 in this rule and OAR 813-042-0090.
(2) Financial records, supporting documents,
			 and all other pertinent records shall be retained by a HDGA Recipient for five
			 years after the project is complete, or after any litigation or audit claim is
			 resolved, whichever is later. The Department shall have access to all books,
			 accounts, documents, records and other property belonging to or in use by the
			 Recipient which relate to the use of HDGA funds.
Stat. Auth.: ORS
				  456.515 -
				  456.720,
				  458.600 -
				  458.630
Stats. Implemented: ORS
				  456.555
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 42 - HOUSING DEVELOPMENT GRANT PROGRAM › Section 813-042-0090 - Remedies for Noncompliance

Current through Register Vol. 63, No. 7, July 1, 2024
At any time before the expiration of the Affordability Period,
				the Department may find that a Recipient is not in compliance with the
				requirements of the Program for reasons including but not limited to use of
				funds for activities not approved in the Use Agreement, failure to complete
				activities in a timely manner, failure to comply with applicable rules or
				regulations, or the lack of a continued capacity by the Recipient to carry out
				the approved activities. Remedies for noncompliance may include penalties
				imposed by the Department, including but not limited to, repayment of HDGA
				funds.
Stat. Auth.: ORS
				  456.515 -
				  456.720,
				  458.600 -
				  458.630
Stats. Implemented: ORS
				  456.555
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 42 - HOUSING DEVELOPMENT GRANT PROGRAM › Section 813-042-0100 - Sanctions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may invoke sanctions against a Recipient that fails to comply with the
			 provisions of its Use Agreement. The following circumstances may warrant
			 sanctions:
(a) HDGA funds have not been
			 expended within one year of award by the Department or the Recipient;
(b) Any local or private party funding
			 agreements related to the project are not executed within six months of the
			 award of HDGA funds;
(c) There is a
			 material breach of the Use Agreement;
(d) The Use Agreement was not recorded on the
			 property required by OAR 813-042-0050(3)  or as agreed; or
(e) The Department finds that significant
			 corrective actions are necessary to protect the integrity of the project funds,
			 and those corrective actions are not, or will not be, made within a reasonable
			 time (the funds were used for costs not eligible under the HDGA program or the
			 project has not served the population stated in the Use Agreement).
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 42 - HOUSING DEVELOPMENT GRANT PROGRAM › Section 813-042-0110 - Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
The Director may waive or modify any requirements of these
				Program rules, 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 43 - HOUSING DEVELOPMENT AND LOAN GUARANTEE PROGRAM › Section 813-043-0000 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
The rules of OAR Chapter 813, Division 043, are established to
				accomplish the general purpose of 1991 Legislative Session law; Chapter 740,
				the Oregon Housing Fund and the Housing Development and Guarantee Account
				therein, which authorizes the Department to establish a program to expand the
				state's supply of housing for low and very low income families and individuals
				including, but not limited to, persons more than 65 years of age, disabled
				persons, farm workers, and Native Americans. These rules describe the Housing
				Development and Loan Guarantee Program and its objective to provide grants and
				loan guarantees to construct new housing or to acquire and/or rehabilitate
				existing structures for housing for persons of Low and/or Very Low
				Income.
Stat. Auth.: ORS
				  458.600 - ORS
				  458.650
Stats. Implemented: ORS
				  458.600 - ORS
				  458.650 & Ch. 740, OL 1991
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 43 - HOUSING DEVELOPMENT AND LOAN GUARANTEE PROGRAM › Section 813-043-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All words and
			 terms are used in OAR Chapter 813, Division 43, as defined in the Act, and as
			 provided in 813-005-0005  and herein. As used in these rules, unless the context
			 indicates otherwise:
(a) "Account" means the
			 Housing Development and Guarantee Account;
(b) "Council" means the State Housing Council
			 established in ORS 456.567;
(c) "Department" means the Oregon agency
			 established under 1991 Legislative Session Law, Chapter 739;
(d) "Disabled" means those persons described
			 as such by the Fair Housing Amendments Act of 1988;
(e) "In-Kind Contribution" means a supportive
			 project contribution other than cash. In-Kind Contributions include, but are
			 not limited, to office equipment, working space, office supplies, staff time,
			 telephone, support staff time, auto use, donated project materials or labor,
			 and non-Board volunteer time;
(f)
			 "Low Income" means a household with an adjusted annual household income that is
			 more than 50 percent but less than 80 percent of the area median income, as
			 determined by the council, based on information from the United States
			 Department of Housing and Urban Development, with allowances for family
			 size;
(g) "Organization" means a:
(A) Nonprofit corporation established under
			 ORS Chapter 65;
(B) Housing
			 authority established under ORS
			 456.055 to
			 456.230; or
(C) Local government as defined in ORS
			 197.015.
(h) "Very Low Income" means a household with
			 an adjusted annual household income that is less than 50 percent of the area
			 median income, as determined by the council, based on information from the
			 United States Department of Housing and Urban Development, with allowances for
			 family size.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 43 - HOUSING DEVELOPMENT AND LOAN GUARANTEE PROGRAM › Section 813-043-0020 - Eligibility for Housing Development and Guarantee Account Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 shall provide grants from Account revenue subject to the availability of funds
			 and limitations otherwise prescribed by law for any or all of the following
			 purposes:
(a) To Organizations and for-profit
			 business entities to construct new housing or to acquire and/or rehabilitate
			 existing structures for housing households with low and/or very low
			 income;
(b) To nonprofit
			 organizations, as set forth in ORS
			 458.210 to
			 458.240, to provide technical
			 assistance and/or predevelopment costs. Pre-development costs include but are
			 not limited to, site acquisition, architectural services and project
			 consultants. Predevelopment costs do not include costs described in subsection
			 (c) of this section;
(c) For costs
			 to develop nonprofit organizations that show sufficient evidence of having
			 strong community support and a strong likelihood of producing Low and/or Very
			 Low Income housing. No account funds shall be used by an Organization for its
			 general operations;
(d) To match
			 public and private moneys available from other sources for purposes of
			 production of Low and/or Very Low Income housing.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 43 - HOUSING DEVELOPMENT AND LOAN GUARANTEE PROGRAM › Section 813-043-0030 - Distribution of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall develop a distribution formula which takes into account the
			 relative housing needs of regions and shall concentrate funds in those areas of
			 the state with the greatest housing need, as may be evidenced by factors
			 including but not limited to, the unmet housing need, extent of overcrowding,
			 and number of poverty households.
(2) The distribution formula shall provide
			 for a minimum amount of funds to regions of the state. If an inadequate number
			 of applications are submitted from a particular region to use the minimum
			 regional amount, then the funds may be redistributed to other
			 regions.
Stat. Auth.: ORS
				  458.600 -
				  458.650
Stats. Implemented: ORS
				  458.600 -
				  458.650 & Ch. 740, OL
				  1991
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 43 - HOUSING DEVELOPMENT AND LOAN GUARANTEE PROGRAM › Section 813-043-0040 - Application Procedure and Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may provide grant funds
			 subject to the availablility of funds in the program through a process which
			 may include, but is not limited to, a first come - first reviewed or a
			 competitive review process. The applicant shall submit, in an application form
			 and process prescribed by the Department, project information including, but
			 not limited to:
(a) A written description of
			 the project including, but not limited to, the number of units, unit mix,
			 proposed rents, site location, the proposed program of services to occupants
			 and the availability of these services in the future, project amenities, and
			 any other information pertinent to the project;
(b) A statement of project purpose indicating
			 the housing type and tenants to be housed, and the length of time the units
			 will be committed available for Low or Very Low Income households;
(c) A proforma of project expenses and
			 income;
(d) Grant amount requested
			 and total project development costs, including a description of all additional
			 project funding and funding sources;
(e) A description of the
			 sponsor/developer/owner/manager experience in developing and operating housing
			 projects;
(f) Such other
			 documentation as the Department may require.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 43 - HOUSING DEVELOPMENT AND LOAN GUARANTEE PROGRAM › Section 813-043-0050 - Criteria for Funding or Guarantee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A project grant award or loan guarantee
			 shall be given preference based on:
(a)
			 Providing the greatest number of Low and Very Low Income housing units for the
			 least amount of account funds expended or committed toward matching funds from
			 other loans, grants, or eligible In-Kind Contributions;
(b) Insuring the longest possible use as Low
			 or Very Low Income housing units; or
(c) Including a program of services for
			 occupants of proposed housing including, but not limited to, programs that
			 address home health care, mental health services, alcohol and drug treatment
			 and post-treatment care, child care and case management;
(d) Other subordinate criteria as determined
			 by the Department including, but not limited to:
(A) Providing housing for a seasonal
			 workforce, where a critical need for housing such a workforce exists in the
			 community;
(B) Providing housing
			 for specific populations which have top priority for that region in the state's
			 Comprehensive Housing Affordability Study (CHAS) or in the CHAS for that
			 community, and have historically faced barriers in finding housing.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 43 - HOUSING DEVELOPMENT AND LOAN GUARANTEE PROGRAM › Section 813-043-0060 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A lender
			 receiving a loan guarantee shall be charged an annual fee up to .25 percent on
			 the original loan balance. Payment shall be remitted to the Department not less
			 than annually.
(2) If the guarantee
			 coverage is less than the maximum 25 percent, then the fee will be reduced
			 proportionally (e.g., a ten percent guarantee shall have an annual fee of ten
			 percent). Line of credit guarantee fees shall be based on the total credit
			 line.
(3) A non refundable
			 extension fee shall be charged to extend a loan guarantee reservation. The fee
			 shall be 25% of the estimated annual loan guarantee fee for every 180 days
			 extension.
(4) A $100 non
			 refundable assumption/transfer fee shall be charged when a loan is assumed or
			 transferred and the loan guarantee is to remain in place.
(5) Fees collected by the Department shall be
			 used for the Loan Guarantee Program operations including, but not limited to,
			 funding a loan loss reserve.
Stat. Auth.: ORS
				  458.600 - ORS
				  458.650
Stats. Implemented: ORS
				  458.600 - ORS
				  458.650 & Ch. 740, OL 1991
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 44 - HOME OWNERSHIP ASSISTANCE PROGRAM OF THE OREGON HOUSING FUND › Section 813-044-0000 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR chapter 813, division 44 is to establish the
				Home Ownership Assistance Program (HOAP) to implement the purposes of the Home
				Ownership Assistance Account of the Oregon Housing Fund described in ORS
				458.655.
				The purpose of HOAP is to expand access to homeownership for Oregonians earning
				at or below area median income.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  458.620  & 458.655
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 44 - HOME OWNERSHIP ASSISTANCE PROGRAM OF THE OREGON HOUSING FUND › Section 813-044-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Federal Fair
			 Housing Act" means the act, as established in 42 U.S. Code §§
			 3601-3619, which prohibits discrimination in housing practices on the basis of
			 race, color, religion, sex, national origin, familial status, and
			 disability.
(2) "First Generation
			 Homebuyer" means an individual;
(a) whose
			 living parents or legal guardians do not, to the best of the individual's
			 knowledge, have any present fee simple ownership interest in a principal
			 residence in any state, excluding ownership of heir property;
(b) Who, if no parents or legal guardians are
			 living upon acquisition of the eligible home to be acquired using such
			 assistance, to the best of the individual's knowledge, their parents or legal
			 guardians did not have any ownership interest in a principal residence in any
			 state at the time of their death, excluding ownership of heir property;
			 and,
(c) whose spouse or domestic
			 partner has not, during the three-year period ending upon acquisition of the
			 eligible home to be acquired using such assistance had any present ownership
			 interest in a principal residence in any state, excluding ownership of heir
			 property, whether the individual is a co-borrower on the loan or not,
			 OR
(d) An individual who has at any
			 time been placed in foster care or institutional care whose spouse or domestic
			 partner has not, during the three-year period ending upon acquisition of the
			 eligible home to be acquired using such assistance, had any ownership interest
			 in a principal residence in any state, excluding ownership of heir property,
			 whether such individuals are co-borrowers on the loan or not.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 44 - HOME OWNERSHIP ASSISTANCE PROGRAM OF THE OREGON HOUSING FUND › Section 813-044-0030 - Distribution of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
The maximum amount of an award to an organization under the
				Home Ownership Assistance Program is subject to determination by the Housing
				Stability Council.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  458.620 &
				  458.655
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 44 - HOME OWNERSHIP ASSISTANCE PROGRAM OF THE OREGON HOUSING FUND › Section 813-044-0040 - Application Procedure and Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
An organization may apply for a grant from the Home Ownership
				Assistance Program under ORS
				458.655,
				upon an open solicitation for a Request for Application (RFA), as determined by
				OHCS. An organization may apply for a grant under this rule by submitting to
				OHCS a completed application and documents as required in the Request for
				Applications (RFA).
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  458.620  & ORS
				  458.655
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 44 - HOME OWNERSHIP ASSISTANCE PROGRAM OF THE OREGON HOUSING FUND › Section 813-044-0045 - Purposes for Funding

Current through Register Vol. 63, No. 7, July 1, 2024
Funds within the Home Ownership Assistance Program may be used
				for the following purposes:
(1) Down
			 Payment Assistance (DPA);
(2)
			 Homeownership Centers;
(3) Restore
			 Health and Safety; or
(4) Training
			 and other uses suitable to OHCS.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  458.620 &
				  458.655
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 44 - HOME OWNERSHIP ASSISTANCE PROGRAM OF THE OREGON HOUSING FUND › Section 813-044-0050 - Criteria for Funding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Grants
			 by OHCS under the Home Ownership Assistance Program are subject to the
			 availability of funds in the Home Ownership Assistance Account and to limits
			 established by law. The process by which OHCS makes grants available may
			 include, but is not limited to, consideration of individual proposals and the
			 use of a competitive review process.
(2) In addition to the criteria in ORS
			 458.655 for preference in making grants, a grant application is subject to subordinate
			 criteria established by OHCS and included in a competitive proposal
			 solicitation or RFA.
(3)
			 Organizations must verify income eligibility under current area median income
			 (AMI) requirements at the time an individual applies to any HOAP
			 Program.
(4) Organizations must
			 complete and submit all Reporting Requirements as indicated in the grant
			 agreement.
(5) Organizations must
			 have a Language Access Plan (LAP) for persons with limited proficiency in
			 speaking or writing English.
(6)
			 Organizations must have policies and procedures in place for the recovery of
			 the destruction of program-related records as a result of a natural or man-made
			 disaster.
(7) Organizations must
			 maintain and retain program records as necessary to comply with state and
			 federal law, including the requirements set by OHCS and listed in the Agency
			 Retention Schedule and terms of the grant agreement.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  458.620  & ORS
				  458.655
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 44 - HOME OWNERSHIP ASSISTANCE PROGRAM OF THE OREGON HOUSING FUND › Section 813-044-0055 - Use of Grant Funds

Current through Register Vol. 63, No. 7, July 1, 2024
An organization that receives a grant under the Home Ownership
				Assistance Program:
(1) Is subject to
			 the condition that the organization continues to use the grant for the specific
			 purpose, for the duration, and to the extent authorized by the grant
			 application and agreement;
(2) May
			 provide in its agreements with homeowners that when a homeowner sells the home,
			 for which the organization's assistance was furnished, the organization may
			 recapture some or all of the assistance from proceeds of the sale;
(3) Must redeploy funds recaptured under this
			 rule to furnish further assistance to eligible homebuyers or homeowners within
			 the associated HOAP program.
(4)
			 May be required by OHCS to repay all or part of the grant if the organization
			 does not perform or expend all or part of the required Scope of Work as
			 described in the agreement.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  458.620  & ORS
				  458.655
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 45 - HOUSING DEVELOPMENT ACCOUNT PROGRAM › Section 813-045-0005 - General Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The rules of OAR Chapter 813, Division 45 are established to
				accomplish the general purpose of ORS
				456.515 to
				456.720, specifically ORS
				456.720(7),
				which authorizes the Department to establish a Housing Development Account to
				carry out the purposes of the Act by contract, grant, loan, or as otherwise
				determined necessary by the Department.
Stat. Auth.: ORS
				  90.800 - ORS
				  90.840, ORS
				  91.886, ORS 183, ORS
				  456.515 - ORS
				  456.723 & ORS
				  458.210 - ORS
				  458.650
Stats. Implemented: ORS
				  456.515 - ORS
				  456.720
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 45 - HOUSING DEVELOPMENT ACCOUNT PROGRAM › Section 813-045-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
All words and terms are used in OAR Chapter 813, Division 45 as
				defined in the Act, and as provided by 813-005-0005.
Stat. Auth.: ORS
				  90.800 - ORS
				  90.840, ORS
				  91.886, ORS 183, ORS
				  456.515 - ORS
				  456.723 & ORS
				  458.210 - ORS
				  458.650
Stats. Implemented: ORS
				  456.515 - ORS
				  456.720
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 45 - HOUSING DEVELOPMENT ACCOUNT PROGRAM › Section 813-045-0015 - Eligibility for Housing Development Account Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may provide funds from the
			 Housing Development Account subject to the availability of funds in the Account
			 and limitations otherwise prescribed by law, and only for the purposes
			 specified or allowed in the Act.
(2) The Department may from time to time
			 restrict use of available funds for specific housing projects or purposes,
			 restrict the type of assistance available, or restrict the type of applicant
			 eligible for assistance.
Stat. Auth.: ORS
				  90.800 - ORS
				  90.840, ORS
				  91.886, ORS 183, ORS
				  456.515 - ORS
				  456.723 & ORS
				  458.210 - ORS
				  458.650
Stats. Implemented: ORS
				  456.515 - ORS
				  456.720
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 45 - HOUSING DEVELOPMENT ACCOUNT PROGRAM › Section 813-045-0020 - Application Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may from time to time solicit applications for Housing Development
			 Account funds, and may, in its discretion, consider for funding only
			 applications received as a response to such solicitation.
(2) All applications for assistance from the
			 Housing Development Account shall be in writing to the Department, and shall
			 contain at a minimum the following information:
(a) Name, address, and telephone number of
			 the applicant;
(b) Amount and type
			 of assistance requested; and
(c) A
			 description of how the assistance will be used, including the type of housing
			 project or program involved; number of housing units to be provided or the
			 number of persons to be housed; the estimated time period from start to
			 completion of the project or program; the geographic area where the assistance
			 will be used; and the federal, state, or local agencies or organizations
			 involved.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 45 - HOUSING DEVELOPMENT ACCOUNT PROGRAM › Section 813-045-0025 - Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For loans or
			 grants where the amount requested from the Housing Development Account does not
			 exceed $100,000, or any other form of assistance, the Department shall consider
			 the application and approve, disapprove, or request additional information on
			 the application within 30 calendar days of receipt of the
			 application.
(2) For loans or
			 grants where the amount requested from the Housing Development Account is in
			 excess of $100,000, the Department shall consider the application and approve,
			 disapprove or request additional information on the application within 30
			 calendar days of receipt of the application. If the Department proposes to make
			 the loan or grant, it shall submit the loan or grant it proposes to make to the
			 State Housing Council for review. The State Housing Council shall approve or
			 disapprove the loan or grant at a public hearing of the Council, pursuant to
			 ORS 456.571(2). The
			 Department shall advise the applicant in writing of the action taken by the
			 State Housing Council within 15 calendar days of such meeting.
(3) In reviewing applications for assistance,
			 the Department and the State Housing Council, as appropriate, may consider, but
			 are not limited to, the following:
(a) Amount
			 of available funds in the Housing Development Account;
(b) Availability of other sources of
			 assistance;
(c) Ability to leverage
			 public or private funds;
(d)
			 Involvement of federal, state or local government agencies, nonprofit housing
			 or social service agencies;
(e)
			 Geographic area affected;
(f)
			 Number and type of housing units to be provided or number of persons to be
			 housed;
(g) Administrative costs
			 and/or responsibilities imposed on the Department in connection with the
			 assistance provided; and
(h) Type
			 and number of households to be assisted.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 45 - HOUSING DEVELOPMENT ACCOUNT PROGRAM › Section 813-045-0030 - Form of Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall confirm to the applicant in writing the type of assistance, if
			 any, to be provided from the Housing Development Account. Assistance may be in
			 the form of, but is not limited to, loans, grants, contract agreements, or
			 insurance.
(2) The Department may
			 establish fees, premiums, interest rates, repayment terms, performance criteria
			 and reporting requirements as the Department considers appropriate or necessary
			 for the type and use of assistance provided. The Department shall specify such
			 terms and conditions to the applicant in writing before funds are advanced or
			 contractual agreements signed.
(3)
			 The Department may require the applicant to execute such documents as the
			 Department considers appropriate or necessary to evidence the type and amount
			 of assistance provided, and any terms and conditions agreed to in connection
			 with such assistance.
(4) If the
			 terms and conditions upon which the assistance was approved or provided are not
			 met, the Department may, upon written notice, immediately revoke approval of
			 the use of the Housing Development Account funds, and/or require repayment of
			 all or a portion of the funds advanced, if any.
Stat. Auth.: ORS
				  90.800 - ORS
				  90.840, ORS
				  91.886, ORS 183, ORS
				  456.515 - ORS
				  456.723 & ORS
				  458.210 - ORS
				  458.650
Stats. Implemented: ORS
				  456.515 - ORS
				  456.720
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 45 - HOUSING DEVELOPMENT ACCOUNT PROGRAM › Section 813-045-0035 - Waiver for Other Sources

Current through Register Vol. 63, No. 7, July 1, 2024
If the Department has applied for and received funds on deposit
				in the Housing Development Account from other sources or on behalf of another
				person, the provisions of Chapter 813, Division 45 may be waived by the
				Director as necessary or convenient to comply with the rules, regulations or
				procedures prescribed by the source of funds, unless such waiver would violate
				applicable statutes.
Stat. Auth.: ORS
				  90.800 - ORS
				  90.840, ORS
				  91.886, ORS 183, ORS
				  456.515 - ORS
				  456.723 & ORS
				  458.210 - ORS
				  458.650
Stats. Implemented: ORS
				  456.515 - ORS
				  456.720
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 46 - EMERGENCY HOUSING ASSISTANCE PROGRAM (EHA) › Section 813-046-0000 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR chapter 813, division 46 of the
				administrative rules is to implement the Emergency Housing Assistance (EHA)
				program. Funding for EHA comes from the Emergency Housing Account, as
				established in ORS
				458.620 and described in ORS
				458.650.
				Oregon Housing and Community Services (OHCS) is designated as the state agency
				responsible for administering state and federal antipoverty programs in Oregon.
				The purpose of EHA is to fund local homeless programs that assist low income
				and very low income households, who are homeless or unstably housed, to attain
				housing stability.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  458.505,
				  458.620  & 458.650