reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 51 - HOUSING STABILIZATION PROGRAM (HSP) › Section 813-051-0070 - Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OHCS reserves
			 the right to identify deficiencies in the performance of any subgrantee or
			 their subrecipients discovered during compliance monitoring activities and take
			 remedial action upon such subgrantees, including, but not limited to,
			 terminating its funding agreement with a subgrantee and requiring repayment of
			 HSP funding.
(2) To remedy any
			 identified deficiencies, OHCS:
(a) Must issue
			 a deficiency notice notifying a subgrantee of deficiencies identified through
			 the monitoring process and provide documentation for the basis of such
			 determination and the specific deficiency or deficiencies that must be
			 corrected;
(b) Must require the
			 subgrantee to correct any deficiencies in a manner and time frame satisfactory
			 to OHCS;
(c) May offer training and
			 technical assistance related to such deficiencies to the subgrantee;
			 and
(d) May, at its discretion,
			 offer the subgrantee assistance in the development of a corrective action plan.
			 If a corrective action plan is allowed, OHCS must review the plan and issue a
			 decision of approval or disapproval to the subgrantee.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 51 - HOUSING STABILIZATION PROGRAM (HSP) › Section 813-051-0080 - Challenge of Subgrantee Action

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any household aggrieved by a subgrantee administering or providing HSP services
			 may challenge the subgrantee's action by entering the subgrantee's
			 administrative review process (see OAR 813-051-0090). Any household who
			 received either an unsatisfactory determination or refusal of a review by the
			 subgrantee may submit a written request to OHCS within 30 days of receiving the
			 notice of review determination or refusal by the subgrantee to provide such
			 administrative review.
(2) OHCS may
			 accept or deny a request to conduct a subgrantee administrative review, in
			 whole or in part, at its sole discretion. An OHCS review will be in the manner
			 determined appropriate by OHCS and may include, but is not limited to, review
			 of provided information.
(3) If
			 OHCS accepts the review request, the requesting household, the subgrantee, and
			 any relevant subrecipients will produce all information required by OHCS,
			 including requested affidavits or testimony.
(4) Upon accepting the review request, OHCS
			 may make a determination on such review request and require such remedial
			 action as OHCS determines, in its sole discretion, to be appropriate.
(5) OHCS adopts the procedures detailed in
			 ORS Chapter 183 for contested cases.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented:  45 CFR 260-265  & ORS
				  458.505
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 51 - HOUSING STABILIZATION PROGRAM (HSP) › Section 813-051-0090 - Administrative Review by Subgrantee

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Subgrantees must establish in writing a process satisfactory to OHCS that
			 enables all potentially eligible households, having received HSP services or
			 not, to contest a determination by the subgrantee or its subrecipients that
			 either denies, limits, terminates, or modifies HSP services.
(2) An aggrieved household may request an
			 administrative review or fair hearing of a subgrantee's or its subrecipients'
			 contested action (as described in subsection (1) above). The subgrantee must
			 allow a minimum of 30 days, from the time of contested action or the aggrieved
			 household's discovery of such action, for which an aggrieved household may
			 request a review or hearing. The ultimate determination of an aggrieved
			 household's discovery period is reserved to OHCS, in its sole
			 discretion.
(3) A household
			 remaining aggrieved after such review or hearing of a contested action may
			 request administrative review of the subgrantee by OHCS (see OAR
			 813-051-0080).
(4) The subgrantee
			 must inform OHCS and the aggrieved party in writing of any final administrative
			 review determination made by the subgrantee, and the basis for same, within 10
			 days of such final determination.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented:
				   45 CFR
				  260-265  & ORS
				  458.505
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 51 - HOUSING STABILIZATION PROGRAM (HSP) › Section 813-051-0100 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  458.505 -
				  458.545
Stats. Implemented: ORS
				  458.505 -
				  458.545
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 52 - HOMEOWNERSHIP DEVELOPMENT INCUBATOR PROGRAM (HDIP) › Section 813-052-0000 - General Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The rules of OAR 813, division 52 establish and implement the
				Homeownership Development Incubator Program (HDIP), the purpose of which is to
				provide grants and low-interest loans to create new homeownership opportunities
				for Oregonians.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  456.561
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 52 - HOMEOWNERSHIP DEVELOPMENT INCUBATOR PROGRAM (HDIP) › Section 813-052-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions and those in ORS Chapters 456 and 458
				apply to OAR Chapter 813, unless the context indicates otherwise, or the term
				is otherwise defined in a subsequent division:
(1) "Affordability Period" means the period
			 during which a project assisted with HDIP funds must remain affordable to low
			 to moderate income residents.
(2)
			 "Capacity Building Grant" means a grant that is used to increase or broaden an
			 entity's capacity to meet the housing needs of its service area.
(3) "Native American Tribe" or "Indian Tribe"
			 ("Tribe") means a federally recognized Indian tribe in Oregon, as defined in
			 ORS 182.162.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  456.561
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 52 - HOMEOWNERSHIP DEVELOPMENT INCUBATOR PROGRAM (HDIP) › Section 813-052-0010 - Eligibility for Homeownership Development Incubator Program Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department
			 may distribute HDIP program funds consistent with OAR chapter 813 pursuant to
			 relevant solicitation documents including, but not limited to a Notice of
			 Funding Availability ("NOFA") or as otherwise determined by the department.
			 Funding may take the form of a grant, loan or otherwise as the department
			 determines necessary or appropriate, for financing assistance with respect to
			 the development or rehabilitation of affordable homes for purchase.
(2) Subject to the limitations of any
			 specific solicitation or distribution, any of the following entities may apply
			 for HDIP funding with respect to the financing of affordable homes:
(a) A nonprofit corporation established under
			 ORS chapter 65;
(b) A housing
			 authority established under ORS
			 456.055 to
			 456.235;
(c) A local government as defined in ORS
			 197.015;
(d) A for-profit entity; or
(e) A Native American tribe, as defined in
			 ORS 182.162
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 52 - HOMEOWNERSHIP DEVELOPMENT INCUBATOR PROGRAM (HDIP) › Section 813-052-0020 - Application Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 department may require payment of a non-refundable application charge from any
			 applicant requesting HDIP funds through a formal solicitation or
			 otherwise.
(2) The department may
			 require payment of other charges with respect to its reasonably anticipated
			 costs in processing applications, coordinating programs or with other project
			 participants, providing funding, negotiating documents, monitoring compliance,
			 evaluating and documenting transfers, or otherwise. The department may require
			 payment of a supplemental application charge from applicants requesting
			 additional resources for projects that have already been funded by the
			 department.
(3) The department may
			 refuse to process applications or terminate processing if it determines an
			 application to be incomplete or that it fails to satisfy threshold standards
			 for further processing.
(4) An
			 applicant shall submit to the department, on the application form and in
			 accordance with the application process prescribed by the department, such
			 information as the department may require, including but not limited to:
(a) The name, address and telephone number of
			 applicant;
(b) The type of
			 assistance requested;
(c) A written
			 description of the project, including the number of units, site location,
			 amenities, and any other information requested by the department.
(d) A pro forma of project income and
			 expenses;
(e) The amount of funding
			 requested and total project costs, including a description and documentation of
			 all project funding sources and uses;
(f) A narrative of the applicant's experience
			 in developing affordable housing, including the experience of all members of
			 the project development team;
(g) A
			 description of the applicant's readiness to proceed with project
			 activities;
(h) A schedule for
			 completion of project activities;
(i) A description of planned and/or completed
			 outreach to communities that are under-represented as homeowners within Oregon
			 to ensure they are aware of the new homeownership opportunities created by the
			 project.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 52 - HOMEOWNERSHIP DEVELOPMENT INCUBATOR PROGRAM (HDIP) › Section 813-052-0030 - Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An application
			 for assistance from the HDIP program is subject to the department's evaluation
			 and approval, disapproval or modification according to criteria in the
			 solicitation documents or otherwise that may include, but are not limited to
			 the following:
(a) The amount of available
			 funds;
(b) The availability of
			 other sources of assistance;
(c)
			 The applicant's efforts to leverage other public or private funds;
(d) Whether the project is financially
			 feasible and the financial strength and history of the prospective
			 recipient;
(e) The location of the
			 project site;
(f) Availability of
			 street, sewer, water, utilities and other public services;
(g) Architectural design, including aesthetic
			 quality, soundness of construction, energy efficiency, and suitability to the
			 needs of the potential homeowners;
(h) Compliance with OHCS construction
			 standards, land use regulations, housing codes and other applicable
			 standards;
(i) The target community
			 to be served;
(j) The experience of
			 the developer, contractors, architects, consultants and management agent in
			 developing, constructing housing projects;
(k) The department's experience with and the
			 reputation, experience, capacity and legal history and status of the applicant
			 and its agents, representatives, employees and contractors;
(l) Whether the project in comparison to
			 others best achieves the purposes of the HDIP program;
(m) Other factors that the department
			 determines to be relevant including, but not limited to any evaluation criteria
			 in the solicitation documents.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 52 - HOMEOWNERSHIP DEVELOPMENT INCUBATOR PROGRAM (HDIP) › Section 813-052-0040 - Form of Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 department may provide HDIP funds in the form of a grant or a loan, or a
			 combination of both. Loan rates and terms, if applicable shall be determined by
			 the department based on a project's or applicant's needs and cash flow, other
			 funding resources, market conditions and an applicant's capacity to repay HDIP
			 funds. Preference may be given to those applicants requesting loans that show
			 sufficient project cash flow to repay the loan.
(2) The department normally will notify an
			 applicant in a written reservation letter as to the amount and form of HDIP
			 assistance, if any, to be provided, together with notable conditions. Such
			 reservation commitments remain subject to department rules, solicitation
			 requirements, applicable law, and the negotiation, execution and recording (if
			 required) of documents satisfactory to the department.
(3) Each recipient of project development
			 assistance shall, among other things, execute funding agreements satisfactory
			 to the department including, but not limited to a project use agreement,
			 containing such terms regarding fees, interest rates, repayment terms,
			 performance criteria, reporting requirements, restrictive covenants, and other
			 terms as the department considers appropriate or necessary for the type and use
			 of assistance provided.
(4) The
			 department may require a recipient to execute and record such funding documents
			 satisfactory to the department as it considers appropriate in its sole
			 discretion.
(5) 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 HDIP funds, and/or require repayment of all or a portion of the funds
			 advanced, if any.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  456.561
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 53 - ELDERLY RENTAL ASSISTANCE PROGRAM (ERA) › Section 813-053-0000 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR chapter 813, division 53 of the
				administrative rules is to implement the Elderly Rental Assistance Program
				(ERA). Funding for ERA is created within the State Treasury, separate and
				distinct from General Fund, through ORS
				458.377,
				and is administered through ORS
				458.375.
				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 ERA, which is one such program, is to fund local homeless
				programs that assist very-low-income elderly households, who are homeless or
				unstably housed, to attain housing stability.
Statutory/Other Authority: ORS
				  458.375
Statutes/Other Implemented: ORS
				  458.377,
				  458.505,
				  458.620  & 458.650
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 53 - ELDERLY RENTAL ASSISTANCE PROGRAM (ERA) › Section 813-053-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Terms used throughout this division (OAR 813-053) may be
				defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR
				813-005-0005). Terms used within this division observe those definitions,
				except as defined below:
(1) "Elderly
			 household" means an individual living alone, a family with or without children,
			 or a group of individuals who are living together as one economic unit, where
			 at least one member of the household is age 58 or older.
(2) "ERA" means the Elderly Rental Assistance
			 program administered by the OHCS pursuant to this division and other applicable
			 law.
(3) "ERA Manual" or "Program
			 manual" means the State Homeless Funds Program Operations Manual, as described
			 in OAR 813-053-0015.
(4) "ERA
			 requirements" means these administrative rules; all funding agreement terms and
			 conditions; OHCS directives (including deficiency notices); the ERA Manual
			 requirements; and applicable state, local, and federal laws and
			 requirements.
(5) "ERA services"
			 means services as defined in OAR 813-053-0040  and the ERA Manual, which are
			 eligible activities with ERA funding.
(6) "Homeless" means an individual, family or
			 household that lacks a fixed, regular, and/or adequate nighttime residence in
			 accordance with department categorical definitions. Categorical definitions are
			 contained in the program manual.
(7) "Homeless Management Information System"
			 or "HMIS" is defined in 24
			 CFR 576.2.
(8) "Household income" means the total
			 household income from all sources before taxes. Specific sources and deductions
			 are outlined in the ERA Manual.
(9)
			 "Unstably housed" means an individual or family who is rent-burdened, defined
			 as paying more than 30% of their gross income in rent; or is currently paying
			 more than the Fair Market Rent, defined by HOME FMRs or is at risk of losing
			 their housing and does not otherwise qualify as homeless or imminent risk, has
			 been notified to vacate their current residence, or otherwise demonstrates a
			 high risk of losing their current housing and lacks the resources or support
			 networks to obtain other permanent housing.
(10) "Very-low income household" means an
			 annual household income that is at or less than 50% of the area median income
			 based on HUD determined guidelines, adjusted for family size.
To view attachments referenced in rule text,
click here to view
				  rule
Statutory/Other Authority: ORS
				  458.375
Statutes/Other Implemented: ORS
				  458.375,
				  24 CFR
				  576.2, ORS
				  458.505, ORS
				  458.610, ORS
				  458.620 & ORS
				  458.650
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 53 - ELDERLY RENTAL ASSISTANCE PROGRAM (ERA) › Section 813-053-0015 - Manuals

Current through Register Vol. 63, No. 7, July 1, 2024
Effective on July 1, 2023, the State Homeless Funds Program
				Operations Manual (ERA Manual) with the requirements and standards therein, is
				incorporated into and adopted as part of division 813-053-0015  of the
				department's administrative rules, 813-053-0000  to 813-053-0090. The Elderly
				Rental Assistance Program Operations Manual (ERA Manual), dated July 1, 2020,
				previously incorporated into and adopted as part of these administrative rules
				remains in effect until July 1, 2023, on which date it is repealed. The SHF
				Manual may be accessed online at the OHCS website.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  458.375
Statutes/Other Implemented:
				  24 CFR
				  576.2, ORS
				  458.505, ORS
				  458.610, ORS
				  458.620 & ORS
				  458.650
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 53 - ELDERLY RENTAL ASSISTANCE PROGRAM (ERA) › Section 813-053-0020 - Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OHCS may
			 contract with subgrantees to provide eligible ERA services (see OAR
			 813-053-0040) in such manner as to provide holistic coverage statewide without
			 duplication or overlap of services. In a service area where a Community Action
			 Agency (CAA) exists, the CAA has the conditional right of first refusal to
			 serve as the subgrantee for the given service area.
(2) OHCS will allocate ERA funds to all
			 subgrantees through a formula established by OHCS prior to the allocation
			 process. OHCS reserves the right to modify such formula at any time in its sole
			 discretion.
(3) A subgrantee may
			 establish subrecipients that meet the requirements of ORS
			 458.505(4)
			 to provide eligible ERA services in the subgrantee's service area.
(4) Subgrantees shall, at a minimum, provide
			 ERA services to eligible applicants or households that meet ERA requirements.
			 Whenever appropriate, subgrantees may assist eligible households in accessing
			 other services designed to stabilize housing.
(5) Subgrantee representatives must attend
			 and participate in ERA-related training made available or conducted by
			 OHCS.
(6) A designated portion of
			 ERA funds are reserved for subgrantees and their subrecipients to use for
			 administrative costs. Subgrantees and their subrecipients may expend up to a
			 determined amount as authorized by OHCS and outlined in the funding
			 agreement.
Statutory/Other Authority: ORS
				  458.375
Statutes/Other Implemented: ORS
				  458.505,
				  458.620  & 458.650
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 53 - ELDERLY RENTAL ASSISTANCE PROGRAM (ERA) › Section 813-053-0030 - Applicant Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ERA
			 services shall be made available to very low income elderly households that are
			 homeless or unstably housed.
(2) A
			 household member's duration of Oregon residency or immigrant status shall not
			 be considered as an eligibility criterion.
(3) Specific requirements and documentation
			 to provide proof of eligibility for ERA services are detailed in the ERA
			 Manual.
Statutory/Other Authority: ORS
				  458.375
Statutes/Other Implemented: ORS
				  458.505,
				  458.620  & 458.650
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 53 - ELDERLY RENTAL ASSISTANCE PROGRAM (ERA) › Section 813-053-0040 - Use of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Use of ERA
			 funding must be in compliance with ERA requirements for eligible
			 households.
(2) To the extent of
			 available funding, eligible ERA services include, but are not limited to:
(a) Supportive in-home services;
(b) Transitional housing;
(c) Homeless prevention and rapid
			 re-housing;
(d) Case management and
			 housing stabilization services; and
(e) Data collection.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 53 - ELDERLY RENTAL ASSISTANCE PROGRAM (ERA) › Section 813-053-0050 - Application for Funding; Funding Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to providing any ERA services using
			 OHCS funding, subgrantees must submit biennially an application for funding to
			 OHCS. A funding agreement must be approved by OHCS in writing before being
			 operative.
(2) Applications for
			 funding must meet all requirements of form and content as established by OHCS.
			 At a minimum, an application must include a subgrantee's proposed activities
			 for eligible households, anticipated expenditures, and any other information as
			 OHCS may require specific to ERA funding. Subgrantees must adhere to OHCS
			 requirements and deadlines for submitting an application. An application is
			 subject to approval, with or without modifications, or disapproval by
			 OHCS.
(3) In cases where a
			 Community Action Agency (CAA) has the conditional right of first refusal for
			 antipoverty program administration, and the CAA cannot meet the requirements
			 listed in subsection (2) above, OHCS, in its sole discretion, may allow other
			 eligible organizations to submit an application for funding with respect to
			 that service area.
(4) OHCS will
			 evaluate all applications for funding for ERA sufficiency requirements.
			 Sufficiency is based on the quantity, thoroughness and quality of performance
			 that is satisfactory to OHCS. This includes, but is not limited to, providing
			 relevant information necessary for OHCS to assess the subgrantee's compliance
			 with all ERA requirements and any other standards, goals, and requirements
			 established by OHCS.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  458.505,
				  458.620  & 458.650
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 53 - ELDERLY RENTAL ASSISTANCE PROGRAM (ERA) › Section 813-053-0060 - Recordkeeping and Compliance Monitoring

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subgrantees and their subrecipients must
			 maintain accurate financial records satisfactory to OHCS and consistent with
			 ERA requirements, which document the receipt and disbursement of all ERA funds
			 by OHCS. Subgrantees must have an accounting system in place satisfactory to
			 OHCS, and implement an approved Homeless Management Information System (HMIS)
			 database for data and fiscal entry.
(2) Subgrantees and their subrecipients must
			 maintain other ERA records satisfactory to OHCS and consistent with ERA
			 requirements, which include, but are not limited to, documentation of household
			 eligibility, receipt of allowable ERA services, termination of services and the
			 basis for same, housing status, administrative actions, contracts with
			 subrecipients, review of subrecipient performance, action taken with respect to
			 deficiency notices, and any administrative review proceedings. Such records
			 must be satisfactory to OHCS in substance and format.
(3) Subgrantees must provide OHCS with all
			 required reports, data, and financial statements by submission deadlines and
			 satisfactory to OHCS in form and substance as identified in the ERA
			 requirements and as requested by OHCS.
(4) To ensure proper compliance and
			 monitoring of ERA, subgrantees and their subrecipients must:
(a) Furnish representatives of OHCS, the
			 Oregon Secretary of State's Office, the federal government, and their duly
			 authorized representatives access to and permit copying of all electronic and
			 hardcopy books, accounts, documents, and records and allow reasonable access to
			 the project and other property pertaining to ERA, at any such representative's
			 request.
(b) Cooperate fully in any
			 inspections or other monitoring actions taken by OHCS, the Oregon Secretary of
			 State's Office, the federal government, and their duly authorized
			 representatives.
(c) Retain and
			 keep accessible all ERA records and data according to ERA requirements and as
			 requested by OHCS.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 53 - ELDERLY RENTAL ASSISTANCE PROGRAM (ERA) › Section 813-053-0070 - Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OHCS reserves
			 the right to identify deficiencies in the performance of any subgrantee or
			 their subrecipients discovered during compliance monitoring activities and take
			 remedial action upon such subgrantees, including, but not limited to,
			 terminating its funding agreement with a subgrantee and requiring repayment of
			 ERA funding.
(2) To remedy any
			 identified deficiencies, OHCS:
(a) Must issue
			 a deficiency notice notifying a subgrantee of deficiencies identified through
			 the monitoring process and provide documentation for the basis of such
			 determination and the specific deficiency or deficiencies that must be
			 corrected;
(b) Must require the
			 subgrantee to correct any deficiencies in a manner and time frame satisfactory
			 to OHCS;
(c) May offer training and
			 technical assistance related to such deficiencies to the subgrantee;
			 and
(d) May, at its discretion,
			 offer the subgrantee assistance in the development of a corrective action plan.
			 If a corrective action plan is allowed, OHCS must review the plan and issue a
			 decision of approval or disapproval to the subgrantee.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 53 - ELDERLY RENTAL ASSISTANCE PROGRAM (ERA) › Section 813-053-0080 - Challenge of Subgrantee Action

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any household aggrieved by a subgrantee administering or providing ERA services
			 may challenge the subgrantee's action by entering the subgrantee's
			 administrative review process (see OAR 813-053-0090). Any household who
			 received either an unsatisfactory determination or refusal of a review by the
			 subgrantee may submit a written request to OHCS within 30 days of receiving the
			 notice of review determination or refusal by the subgrantee to provide such
			 administrative review.
(2) OHCS may
			 accept or deny a request to conduct a subgrantee administrative review, in
			 whole or in part, at its sole discretion. An OHCS review will be in the manner
			 determined appropriate by OHCS and may include, but is not limited to, review
			 of provided information.
(3) If
			 OHCS accepts the review request, the requesting household, the subgrantee, and
			 any relevant subrecipients will produce all information required by OHCS,
			 including requested affidavits or testimony.
(4) Upon accepting the review request, OHCS
			 may make a determination on such review request and require such remedial
			 action as OHCS determines, in its sole discretion, to be appropriate.
(5) OHCS adopts the procedures detailed in
			 ORS Chapter 183 for contested cases.
Statutory/Other Authority: ORS
				  458.375
Statutes/Other Implemented: ORS
				  458.505,
				  458.620  & 458.650
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 53 - ELDERLY RENTAL ASSISTANCE PROGRAM (ERA) › Section 813-053-0090 - Administrative Review by Subgrantee

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Subgrantees must establish in writing a process satisfactory to OHCS that
			 enables all potentially eligible households, having received ERA services or
			 not, to contest a determination by the subgrantee or its subrecipients that
			 either denies, limits, terminates, or modifies ERA services.
(2) An aggrieved household may request an
			 administrative review or fair hearing of a subgrantee's or its subrecipients'
			 contested action (as described in subsection (1) above). The subgrantee must
			 allow a minimum of 30 days, from the time of contested action or the aggrieved
			 household's discovery of such action, for which an aggrieved household may
			 request a review or hearing. The ultimate determination of an aggrieved
			 household's discovery period is reserved to OHCS, in its sole
			 discretion.
(3) A household
			 remaining aggrieved after such review or hearing of a contested action may
			 request administrative review of the subgrantee by OHCS (see OAR
			 813-053-0080).
(4) The subgrantee
			 must inform OHCS and the aggrieved party in writing of any final administrative
			 review determination made by the subgrantee, and the basis for same, within 10
			 days of such final determination.
Statutory/Other Authority: ORS
				  458.375
Statutes/Other Implemented: ORS
				  458.505, ORS
				  458.620 & ORS
				  458.650
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 55 - GENERAL HOUSING ACCOUNT › Section 813-055-0001 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
OAR chapter 813, division 55, is promulgated to carry out the
				allocation of monies deposited in the General Housing Account and to carry out
				the account's purpose of meeting critical housing needs, building the
				organizational capacity of affordable housing partners throughout the state,
				and requiring equitable distribution of resources over time based on objective
				measures of need. Additional policies and instructions are outlined in the
				General Housing Account Program (GHAP) Manual dated May 3, 2024 (the "GHAP
				Manual" or "Manual"), incorporated herein by reference. The Manual may be
				accessed online at the department's website.
Statutory/Other Authority: ORS
				  456.555 & ORS
				  458.665
Statutes/Other Implemented: ORS
				  458.665, ORS
				  456.515 & ORS
				  456.725
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 55 - GENERAL HOUSING ACCOUNT › Section 813-055-0001 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
OAR chapter 813, division 55, is promulgated to carry out the
				allocation of monies deposited in the General Housing Account and to carry out
				the account's purpose of meeting critical housing needs, building the
				organizational capacity of affordable housing partners throughout the state,
				and requiring equitable distribution of resources over time based on objective
				measures of need. Additional policies and instructions are outlined in the
				General Housing Account Program (GHAP) Manual dated October 17, 2022 (the "GHAP
				Manual" or "Manual"), incorporated herein by reference. The Manual may be
				accessed online at the department's website.
To view tables referenced in rule text,
click here to view
				  rule.
Statutory/Other Authority: ORS
				  456.555 & ORS
				  458.665
Statutes/Other Implemented: ORS
				  458.665, ORS
				  456.515 & ORS
				  456.725
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 55 - GENERAL HOUSING ACCOUNT › Section 813-055-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Certain terms used in this division are defined in the Act, OAR
				813-005-0005, and herein. Other terms may be identified in the text of this
				division (including by incorporation), otherwise in chapter 813, or applicable
				law. As used in this division:
(1)
			 "Indian", "Indian Tribe", "Native American" or "Native American Tribe" means
			 federally recognized Native American tribes of Oregon, a tribally designated
			 housing entity or housing authority within the tribe designated by the tribe to
			 receive federal funds and administer its housing programs.
(2) "Local Government" means as referenced in
			 ORS 197.015
(3) "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.
(4) "Very low
			 income" means individual or households whose income is at or below 50 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.
Statutory/Other Authority: ORS
				  456.555 & ORS
				  458.665
Statutes/Other Implemented: ORS
				  458.665, ORS
				  456.515 & ORS
				  456.725
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 55 - GENERAL HOUSING ACCOUNT › Section 813-055-0020 - Distribution of GHAP Funds; Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department may distribute GHAP
			 program funds consistent with OAR chapter 813 pursuant to relevant solicitation
			 documents including, but not limited to the Oregon Consolidated Application
			 (ORCA), or as otherwise determined by the department. Funding may take the form
			 of a grant, loan or otherwise as the department determines necessary or
			 appropriate, for either or both of the following purposes:
(a) For financing assistance with respect to
			 the construction, acquisition, rehabilitation or operation of affordable
			 multifamily rental housing developments for low income households or very low
			 income households.
(b) For
			 expanding or building affordable rental housing development and operational
			 capacity, by enhancing the capacity of non-profit entities, tribes, local
			 governments as defined in ORS
			 197.015, and housing authorities
			 to develop and operate affordable housing.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 55 - GENERAL HOUSING ACCOUNT › Section 813-055-0020 - Distribution of GHAP Funds; Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department may distribute GHAP
			 program funds consistent with OAR chapter 813 pursuant to relevant solicitation
			 documents including, but not limited to a Notice of Funding Availability
			 ("NOFA") or as otherwise determined by the department. Funding may take the
			 form of a grant, loan or otherwise as the department determines necessary or
			 appropriate, for either or both of the following purposes:
(a) For financing assistance with respect to
			 the construction, acquisition, rehabilitation or operation of affordable
			 multifamily rental housing developments for low income households or very low
			 income households.
(b) For
			 expanding or building affordable rental housing development and operational
			 capacity, by enhancing the capacity of non-profit entities, tribes, local
			 governments as defined in ORS
			 197.015, and housing authorities
			 to develop and operate affordable housing.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 55 - GENERAL HOUSING ACCOUNT › Section 813-055-0040 - Application Procedure and Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The process to obtain GHAP assistance
			 typically will be spelled out in the solicitation documents issued by the
			 department. In addition to, or in lieu of formal solicitation documents, the
			 department may provide other means for accessing GHAP assistance. Additional
			 direction and guidance may be found in the GHAP Manual and the General Policy
			 and Guideline Manual (GPGM).
(2)
			 Additional guidance for GHAP Development application and procedure requirements
			 may be found in Division 2, as described in OAR 813-002-0005  through OAR
			 813-002-0055.
Statutory/Other Authority: ORS
				  456.555 & 458.665
Statutes/Other Implemented: 458.665, ORS
				  456.515 - 456.725 &
				  458.665
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 55 - GENERAL HOUSING ACCOUNT › Section 813-055-0050 - Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Funding decisions for GHAP Development
			 may be made using the Oregon Housing and Community Services (OHCS) Affordable
			 Rental Housing Division (ARH) Oregon Centralized Application (ORCA) Process, as
			 described in OAR 813-002-0005  through OAR 813-002-00055. The Oregon Centralized
			 Application (ORCA) process may include additional priorities and requirements
			 as determined by ARH.
(2)
			 Affordable Rental Housing (ARH) shall allocate GHAP Development funds in
			 compliance with the Oregon Housing and Community Services (OHCS) Affordable
			 Rental Housing (ARH) Oregon Centralized Application (ORCA) process, as
			 described in OAR 813-002-0005  through OAR 813-002-0055.
(3) An application for assistance from the
			 GHAP Capacity Buildling program is subject to the department's evaluation and
			 approval, disapproval or modification according to criteria in the solicitation
			 documents or otherwise that may include, but are not limited to the following:
(a) The amount of available funds in the GHAP
			 program;
(b) The availability of
			 other sources of assistance;
(c)
			 The applicant's efforts to leverage other public or private funds;
(d) Whether the project is financially
			 feasible and the financial strength and history of the prospective
			 recipient;
(e) The target
			 population to be served;
(f) The
			 experience of the developer, contractors, architects, consultants and
			 management agent in developing, constructing and operating housing
			 projects;
(g) The department's
			 experience with and the reputation, experience, capacity and legal history and
			 status of the applicant and its agents, representatives, employees and
			 contractors;
(h) Whether the
			 project in comparison to others best achieves the purposes of the GHAP
			 program;
(i) The need of a
			 nonprofit, tribe, local government or housing authority to build its capacity
			 to develop and operate housing serving low income and very low income
			 populations;
(j) How the nonprofit,
			 tribe, local government or housing authority proposes to use GHAP funds to
			 build its capacity to develop and operate housing serving low income and very
			 low income populations;
(k) Other
			 factors that the department determines to be relevant including, but not
			 limited to any evaluation criteria in the solicitation documents, GHAP Manual,
			 GPGM, or otherwise.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 55 - GENERAL HOUSING ACCOUNT › Section 813-055-0050 - Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An application for assistance from the GHAP program is subject to the
			 department's evaluation and approval, disapproval or modification according to
			 criteria in the solicitation documents or otherwise that may include, but are
			 not limited to the following:
(a) The amount
			 of available funds in the GHAP program;
(b) The availability of other sources of
			 assistance;
(c) The applicant's
			 efforts to leverage other public or private funds;
(d) Whether the project is financially
			 feasible and the financial strength and history of the prospective
			 recipient;
(e) The location of the
			 project site, including its proximity to transportation, shopping, social,
			 commercial and recreational facilities, medical services and such other
			 facilities and services that best serve the residents;
(f) Availability of street, sewer, water,
			 utilities and other public services;
(g) Architectural design, including aesthetic
			 quality, soundness of construction, energy efficiency, and suitability to the
			 needs of the residents to be served;
(h) Whether or not the project will include
			 fee ownership of the real property;
(i) Compliance with the consolidated plan,
			 applicable local comprehensive plan, land use regulations, housing codes and
			 other applicable standards;
(j)
			 Market demand;
(k) The target
			 population to be served;
(l) The
			 experience of the developer, contractors, architects, consultants and
			 management agent in developing, constructing and operating housing
			 projects;
(m) The department's
			 experience with and the reputation, experience, capacity and legal history and
			 status of the applicant and its agents, representatives, employees and
			 contractors;
(n) Whether the
			 project in comparison to others best achieves the purposes of the GHAP
			 program;
(o) The need of a
			 nonprofit, tribe, local government or housing authority to build its capacity
			 to develop and operate housing serving low income and very low income
			 populations;
(p) How the nonprofit,
			 tribe, local government or housing authority proposes to use GHAP funds to
			 build its capacity to develop and operate housing serving low income and very
			 low income populations;
(q) Other
			 factors that the department determines to be relevant including, but not
			 limited to any evaluation criteria in the solicitation documents, GHAP Manual,
			 GPGM, or otherwise.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 55 - GENERAL HOUSING ACCOUNT › Section 813-055-0065 - Form of Assistance; Documentation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department may provide GHAP funds in
			 the form of a grant or a loan, or a combination of both. Loan rates and terms,
			 if applicable shall be determined by the department based on a project's or
			 applicant's needs and cash flow, other funding resources, market conditions and
			 an applicant's capacity to repay GHAP funds. Additional details about loans can
			 be found in the GHAP Manual and as updated. Preference may be given to those
			 applicants requesting loans that show sufficient project cash flow to repay the
			 loan. The department normally will notify an applicant in a written reservation
			 letter as to the amount and form of GHAP assistance, if any, to be provided,
			 together with notable conditions. Such reservation commitments remain subject
			 to department rules, solicitation requirements, applicable law, and the
			 negotiation, execution and recording (if required) of documents satisfactory to
			 the department.
(2) Each recipient
			 of project development assistance shall, inter alia, execute funding agreements
			 satisfactory to the department including, but not limited to a project use
			 agreement, containing such terms regarding fees, interest rates, repayment
			 terms, performance criteria, reporting requirements, restrictive covenants, and
			 other terms as the department considers appropriate or necessary for the type
			 and use of assistance provided. Each relevant funding agreement, including the
			 use agreement, must be:
(a) (If the recipient
			 owns the project property at the time of disbursement) recorded as an
			 encumbrance on the project property before any GHAP Development funds are
			 advanced; or
(b) (If the recipient
			 does not own the project property at the time of disbursement) at the
			 discretion of the department, placed in an escrow account established by the
			 recipient satisfactory to the department and subject to such further conditions
			 as the department may require, including the recording of restrictive covenants
			 running with the project property for the applicable affordability period, with
			 appropriate lien priority and taking effect upon close of escrow.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 55 - GENERAL HOUSING ACCOUNT › Section 813-055-0065 - Form of Assistance; Documentation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department may provide GHAP funds in
			 the form of a grant or a loan, or a combination of both. Loan rates and terms,
			 if applicable shall be determined by the department based on a project's or
			 applicant's needs and cash flow, other funding resources, market conditions and
			 an applicant's capacity to repay GHAP funds. Preference may be given to those
			 applicants requesting loans that show sufficient project cash flow to repay the
			 loan. The department normally will notify an applicant in a written reservation
			 letter as to the amount and form of GHAP assistance, if any, to be provided,
			 together with notable conditions. Such reservation commitments remain subject
			 to department rules, solicitation requirements, applicable law, and the
			 negotiation, execution and recording (if required) of documents satisfactory to
			 the department.
(2) Each recipient
			 of project development assistance shall, inter alia, execute funding agreements
			 satisfactory to the department including, but not limited to a project use
			 agreement, containing such terms regarding fees, interest rates, repayment
			 terms, performance criteria, reporting requirements, restrictive covenants, and
			 other terms as the department considers appropriate or necessary for the type
			 and use of assistance provided. Each relevant funding agreement, including the
			 use agreement, must be:
(a) (If the recipient
			 owns the project property at the time of disbursement) recorded as an
			 encumbrance on the project property before any GHAP funds are advanced; or
(b) (If the recipient does not own
			 the project property at the time of disbursement) at the discretion of the
			 department, placed in an escrow account established by the recipient
			 satisfactory to the department and subject to such further conditions as the
			 department may require, including the recording of restrictive covenants
			 running with the project property for the applicable affordability period, with
			 appropriate lien priority and taking effect upon close of escrow.