reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 110 - OREGON AFFORDABLE HOUSING TAX CREDITS: AFFORDABLE HOUSING PROJECT CERTIFICATION › Section 813-110-0040 - Monitoring

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 department determines that the owner of a project under the OAHTC program is
			 not complying with any applicable rule, law, document or other OAHTC program
			 requirement, the department may notify the lending institution, the owner and
			 the sponsoring entity. In the notice, the department will describe the matter
			 of noncompliance, the required correction and the date by which correction must
			 be made. The owner and sponsoring entity may comment on the notice within the
			 period specified by the department and submit any accompanying explanation and
			 documentation.
(2) The owner of a
			 project shall correct the noncompliance, if possible, and pay a penalty
			 established by the director for noncompliance under subsection (1) of this
			 section and any further penalties assessed by the department if the
			 noncompliance is not corrected to the satisfaction of the director within the
			 period established by the department. In assessing a penalty under this
			 section, the department shall take into consideration any comments submitted by
			 the owner and sponsoring entity with respect to the noncompliance and their
			 correction efforts, if any.
(3)
			 Penalties assessed under this rule may not exceed three times the amount of the
			 eligible tax credit per year.
(4)
			 Any penalties assessed under this rule are the liability of the owner and not
			 the liability of the lending institution.
Stat. Auth.: ORS
				  317.097
Stats. Implemented: ORS
				  317.097,
				  456.508,
				  456.510,
				  456.513,
				  456.559,
				  456.605,
				  456.722
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 110 - OREGON AFFORDABLE HOUSING TAX CREDITS: AFFORDABLE HOUSING PROJECT CERTIFICATION › Section 813-110-0045 - Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 department determines that there has been any material failure or default with
			 respect to any term, covenant or condition of the applicable solicitation or
			 funding documents, applicable rules, directives, other program requirements, or
			 otherwise, it (or as applicable, the department of Revenue) may exercise any
			 remedy available under OAR chapter 813 (including, but not limited to sanctions
			 provided in OAR 813-110-0040, and remedies available in the OAHTC Manual and
			 General Manual), relevant solicitation or funding documents, or applicable law.
			 Remedies include, but are not limited to corrective orders or directives,
			 sanctions, recapture of OAHTC, recovery for damages, specific performance,
			 injunctive relief, declaratory actions, appointment of a receiver for the
			 project, foreclosure of lien interests, debarment from other department
			 funding, and other remedies available at law.
(2) The remedies set forth in this section
			 are cumulative and not exclusive and are in addition to any other rights and
			 remedies provided in this division, other department rules, the solicitation or
			 funding documents, or otherwise available at law or otherwise. The department
			 may exercise any or all remedies available to it, and in such manner as it, in
			 its sole discretion, determines appropriate.
Stat. Auth.: ORS 314.097,
				  456.555
Stats. Implemented: ORS
				  317.097,
				  456.508,
				  456.510,
				  456.513,
				  456.559,
				  456.605 and
				  456.722
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 110 - OREGON AFFORDABLE HOUSING TAX CREDITS: AFFORDABLE HOUSING PROJECT CERTIFICATION › Section 813-110-0050 - 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
				state statute or federal regulations.
Statutory/Other Authority: ORS
				  317.097  & 456.515 - 456.720
Statutes/Other Implemented: ORS
				  317.097
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 112 - SEVERELY RENT BURDENED CITIES DESIGNATION AND REPORTING › Section 813-112-0000 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
OAR chapter 813, division 112 establishes the responsibilities
				of Oregon Housing and Community Services (OHCS) for the assessment and
				identification of cities with populations greater than 10,000 experiencing
				severe rent burden. These rules provide guidance pursuant to House Bill 2003 of
				the 2019 Oregon Legislative Assembly and section 1, chapter 47, of the Oregon
				Laws of 2018.
Statutory/Other Authority: Section 1, chapter 47, Oregon Laws
				  2018 & HB 2003 (2019)
Statutes/Other Implemented: Section 1, chapter 47, Oregon
				  Laws 2018 & HB 2003 (2019)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 112 - SEVERELY RENT BURDENED CITIES DESIGNATION AND REPORTING › Section 813-112-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Terms used throughout OAR chapter 813, division 112 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) "Governing body" means the
			 individual or group of citizens or employees, most senior administrative
			 employee(s), or the delegate(s) thereof, who formulate(s) the policy and
			 direct(s) the affairs of the city.
(2) "Severely rent burdened households" means
			 those households that spend more than 50% of the household income on gross rent
			 for housing.
Statutory/Other Authority: HB 2003 (2019) & Section 1,
				  chapter 47, Oregon Laws 2018
Statutes/Other Implemented: HB 2003 (2019) & Section 1,
				  chapter 47, Oregon Laws 2018
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 112 - SEVERELY RENT BURDENED CITIES DESIGNATION AND REPORTING › Section 813-112-0020 - Designation and Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
No later than the March 1 of each year, OHCS must:
(1) Gather the most current data available
			 from the United States Census Bureau, or any other source OHCS considers at
			 least as reliable, to determine the percentage of severely rent burdened
			 households for each Oregon city with populations greater than 10,000;
			 and
(2) Provide a report of the
			 data described in subsection (1) to each applicable city's governing
			 body.
Statutory/Other Authority: HB 2003 (2019) & Section 1,
				  chapter 47, Oregon Laws 2018
Statutes/Other Implemented: HB 2003 (2019) & Section 1,
				  chapter 47, Oregon Laws 2018
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 112 - SEVERELY RENT BURDENED CITIES DESIGNATION AND REPORTING › Section 813-112-0030 - Public Meeting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 governing body of each applicable city identified by OHCS, as determined by the
			 data and analysis described in OAR 813-112-0020, must conduct at least one
			 public meeting no later than December 31 of the year in which OHCS provided the
			 qualifying data. The purpose of such public meeting shall be to discuss:
(a) The causes and consequences of severe
			 rent burdens within the city;
(b)
			 The barriers to reducing rent burdens; and
(c) Possible solutions to reduce the number
			 of severely rent burdened households within the city.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 112 - SEVERELY RENT BURDENED CITIES DESIGNATION AND REPORTING › Section 813-112-0040

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: HB 4006 (2018)
Statutes/Other Implemented: HB 4006 (2018)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 112 - SEVERELY RENT BURDENED CITIES DESIGNATION AND REPORTING › Section 813-112-0050

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: HB 4006 (2018)
Statutes/Other Implemented: HB 4006 (2018)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 115 - PUBLICLY SUPPORTED HOUSING PRESERVATION › Section 813-115-0001 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
The rules of OAR chapter 813, division 115, describe a required
				process for Publicly Supported Housing contract preservation. This process is
				defined in ORS 456.250 through
				456.265, which provides a
				framework to help preserve the affordability restrictions of properties with
				federal, state, or local government assistance. This process also is subject to
				OHCS' general rules (OAR 813-005).
Statutory/Other Authority: ORS
				  456.258
Statutes/Other Implemented: ORS
				  456.250-456.265
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 115 - PUBLICLY SUPPORTED HOUSING PRESERVATION › Section 813-115-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Terms used throughout this division (OAR 813-115) may be
				defined in Oregon Revised Statute (ORS
				456.250) or in the OHCS General
				Definitions (OAR 813-005-0005). Terms used within this division observe those
				definitions, except as defined below:
(1) "Affordable rental housing" means
			 dwelling units that are rented with or without government assistance to
			 households that earn 80 percent or less of area median income as determined by
			 OHCS using United States Department of Housing and Urban Development
			 informatoni or that otherwise meet the definitiion of publicly supported
			 housing found in ORS 456.250(6).
(2) "Designee" means a person or entity,
			 appointed by OHCS through a written agreement, who acts as a qualified
			 purchaser of the participating property on OHCS' behalf, except they are not a
			 party to a notice of right of first refusal executed by OHCS under ORS
			 456.262.
(3) "Property" as used within the definition
			 of "participating property" in ORS
			 456.250(4)
			 means a multifamily rental housing development, which includes one or more
			 buildings, may have an associated common area, and may be located on a
			 consolidated or scattered site.
(4)
			 "Publicly supported housing contract preservation" means an extension of the
			 term of affordability affecting the participating property as of the contract
			 termination date as approved by the United States Department of Housing and
			 Urban Development, or the United States Department of Agriculture Rural
			 Development, or OHCS through:
(a) an extension
			 of the term of affordability in the contract beyond the termination date,
			 except as extended by OHCS under ORS
			 456.259; or
(b) a new contract with the same level of
			 affordability restrictions for a minimum term of affordability for an
			 additional 20 years; or
(c) a new
			 contract with a different level of affordability restrictions for a minimum
			 term of affordability for an additional 20 years; or
(d) Approval of a transfer of budget
			 authority of a Section 8 project based contract, under Section 8(bb) of the
			 United States Housing Act of 1937 (42 U.S.C.
			 1437f(bb), to a recipient
			 property or properties in Oregon.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 115 - PUBLICLY SUPPORTED HOUSING PRESERVATION › Section 813-115-0020 - Inclusion of Local Government Subsidy Program Properties as Publicly Supported Housing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A local
			 government may make an application to OHCS requesting that a local subsidy
			 program be included in the definition of publicly supported housing as provided
			 by ORS 456.250(6)(a)(B).
(2) To be eligible for OHCS approval:
(a) The local subsidy program must require a
			 deed restriction, loan agreement, operating agreement, or any other writing
			 agreement that places an affordability restriction on the property;
			 and
(b) The local government
			 subsidy program must otherwise comply with and not be excluded from the
			 definition of publicly supported housing (definition and exclusions are in ORS
			 456.250(6)(a);
			 and
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 115 - PUBLICLY SUPPORTED HOUSING PRESERVATION › Section 813-115-0030 - Required Notices by Owner to OHCS and Other Qualified Purchasers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
First
			 notice.
The owner of a participating property must provide OHCS and any
			 qualified purchaser of the participating property timely notice of expiration
			 of affordability restrictions as outlined in ORS
			 456.260.
(2)
Second notice.
In addition
			 to the notice identified in subsection (1) above, the owner must provide OHCS
			 and any other qualified purchaser of the participating property timely notice
			 of the owner's request to withdraw the participating property from publicly
			 supported housing as outlined in ORS
			 456.260.
(3) The notices identified in subsections (1)
			 and (2) above:
(a) Must be on a form as
			 prescribed and provided by OHCS. The owner must deliver the notice
			 electronically through an OHCS approved database, by electronic certified
			 email, or by registered or certified mail. Electronic or regular mail without
			 certification is not an acceptable delivery format and,
(b) Are deemed effective three days after the
			 date any such notice is sent by electronic delivery, by registered or certified
			 mail with return receipt, or in other delivery format prior approved by OHCS.
			 Electronic or regular mail without certification is not an acceptable format
			 for submittal.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 115 - PUBLICLY SUPPORTED HOUSING PRESERVATION › Section 813-115-0035 - Required Notice by Owner to Tenants and Prospective Tenants of Properties with OHCS Restrictions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 addition to the notices required under ORS
			 456.260 and ORS
			 456.262, and OAR 813-115-0030,
			 owners of publicly supported housing properties subject to OHCS restrictions
			 are required to notify tenants and prospective tenants of withdrawal of a
			 participating property.
(2) The
			 notice described in subsection (1) above must be on a form as prescribed and
			 provided by OHCS.
(3) The owner
			 must deliver the notice to tenants and prospective tenants as prescribed in ORS
			 456.259.
Statutory/Other Authority: ORS
				  456.458
Statutes/Other Implemented: ORS
				  456.260
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 115 - PUBLICLY SUPPORTED HOUSING PRESERVATION › Section 813-115-0040

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  456.260(8),
				  456.262(9) & 456.263(5)
Statutes/Other Implemented: ORS
				  456.250  through
				  456.265
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 115 - PUBLICLY SUPPORTED HOUSING PRESERVATION › Section 813-115-0050 - Qualified Purchaser Access to Property, Records and Documents

Current through Register Vol. 63, No. 7, July 1, 2024
After providing notice as required under ORS
				456.260 and described in OAR
				813-115-0030, the property owner must provide a qualified purchaser access to
				documents as required by ORS
				456.262. For the purpose of this
				rule, documents include, but are not limited to, OHCS, HUD, and USDA Rural
				Development compliance reports, as applicable; and current approved rent
				schedule, including actual rent charges.
Statutory/Other Authority: ORS
				  456.258
Statutes/Other Implemented: ORS
				  456.250-456.265
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 115 - PUBLICLY SUPPORTED HOUSING PRESERVATION › Section 813-115-0060 - Recording Notices of Right of First Refusal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A qualified purchaser may record-in the
			 real property records of the county or counties within which the relevant
			 participating property is located-a notice of right of first refusal, as
			 provided by ORS 456.262, in a form provided by
			 and available from OHCS:
(a) After a qualified
			 purchaser has submitted an offer to the property owner as outlined in OAR
			 813-115-0030; or
(b) Without
			 delivering an offer to purchase, and no qualified purchaser has recorded a
			 right of first refusal, OHCS may record the right of first refusal per
			 456.262(7).
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 115 - PUBLICLY SUPPORTED HOUSING PRESERVATION › Section 813-115-0070 - Qualified Purchaser Right of First Refusal; Third Party Offer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before selling
			 a participating property that is subject to a recorded notice of right of first
			 refusal, under ORS 456.262, to a third party other
			 than a qualified purchaser, the property owner shall provide notice to all
			 parties with a recorded right of first refusal of the owner's intent to:
(a) Accept a purchase offer from a third
			 party; or
(b) Amend the terms and
			 conditions of a purchase offer from a third party under (a) above; or
(c) Terminate a pending sale agreement with a
			 third party; or
(d) Accept a
			 purchase offer from another third party subsequent to (a) above.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 115 - PUBLICLY SUPPORTED HOUSING PRESERVATION › Section 813-115-0080

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  456.255  through
				  456.265
Statutes/Other Implemented: ORS
				  456.260,
				  456.262 & 456.263
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 115 - PUBLICLY SUPPORTED HOUSING PRESERVATION › Section 813-115-0090

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  456.260(8)
				  & 456.263(5)
Statutes/Other Implemented: ORS
				  456.260  & 456.263
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 115 - PUBLICLY SUPPORTED HOUSING PRESERVATION › Section 813-115-0100

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  456.555(8)
Statutes/Other Implemented: ORS
				  456.559(1)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 120 - HOME INVESTMENT PARTNERSHIPS PROGRAM › Section 813-120-0001 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
OAR chapter 813, division 120, is promulgated to accomplish the
				general purpose of the U.S. Department of Housing and Urban Development (HUD)
				Final Rule for the HOME Investment Partnerships Program,  24 C.F.R. Part 92, and
				to implement the Oregon HOME Investment Partnerships Program. Pursuant to 24
				C.F.R. §
								92.105, the Department was
				designated a participating jurisdiction upon receiving HUD's approval of
				Oregon's Consolidated Plan. The HOME Investment Partnerships Program is
				established to address the priority needs outlined in the Consolidated Plan for
				the development and rehabilitation of decent, safe, sanitary and affordable
				housing for low- and very-low-income individuals and families. OAR chapter 813,
				division 120, describes the HOME Investment Partnerships Program and its
				objective to provide funds to acquire, construct and rehabilitate housing, to
				provide tenant-based rental assistance for individuals and families of low- and
				very low-income, and to leverage local and private monies available from other
				sources for the purposes of production of low- and very low-income
				housing.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  456.620
Stats. Implemented: ORS
				  456.559(1)(f)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 120 - HOME INVESTMENT PARTNERSHIPS PROGRAM › Section 813-120-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
All terms used in OAR chapter 813, division 120, are defined in the Act, in 24 C.F.R. Part 92, in 813-005-0005  and herein. As used in OAR chapter 813, division 120, unless the context indicates otherwise:
(1) "Adjusted Income" means a Family's annual income (as determined pursuant to 24 C.F.R. Sec. 92.203) less specified allowances determined by HUD, including allowances for dependents, elderly family members, handicapped or disabled members and child care expenses.
(2) "Administrative Costs" means allowable costs, as described in OMB Circular A-87, incurred by the Department in carrying out its eligible Program activities in accordance with prescribed regulations 24 CFR Part 58.
(3) "Applicant" means an individual or entity that has applied for HOME funds under the Program.
(4) "Commitment", when used in reference to a specific Project, means a commitment of HOME funds as outlined under 24 C.F.R. Sec. 92.2.
(5) "Community Housing Development Organization" or "CHDO" means a private nonprofit organization registered with the Oregon Secretary of State that meets the requirements as defined in 24 C.F.R. Sec. 92.2, has among its stated purposes the provision of decent and affordable housing for low- and moderate-income persons as evidenced in its charter, articles of incorporation or by-laws, has been designated tax-exempt under Section  501 (c) (3) or (4) of the Internal Revenue Code of 1986, ,as amended, maintains accountability to the low-income community by:
(a) Maintaining at least one-third of its governing board's membership for low-income community residents or elected representatives of low-income neighborhood organizations;
(b) Having not more than one-third of its governing board's membership be public officials and having not more than one-third of its governing board's membership directly or indirectly appointed by the State or a local government;
(c) Having not more than one-third of its governing board's membership directly or indirectly appointed by a for-profit entity;
(d) Providing a formal process for Program beneficiaries to advise the CHDO in design, siting, development, and housing management decisions;
(e) Having a demonstrated capacity to carry out the proposed activities funded by the Program;
(f) Having at least a one-year history of serving the community of the proposed Project or, for newly-created CHDOs formed by local churches, service organizations or neighborhood organizations, a parent organization that can satisfy such requirement; and
(g) After meeting the above requirements, has received official CHDO designation from the Department.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 120 - HOME INVESTMENT PARTNERSHIPS PROGRAM › Section 813-120-0020 - Eligible Applicants

Current through Register Vol. 63, No. 7, July 1, 2024
Eligible Applicants for HOME funds include:
(1) Units of general local government,
			 For-Profit and Nonprofit Organizations, and individuals to construct new
			 housing for Low- and Very Low-Income Families, or to acquire and/or
			 rehabilitate existing housing for Low- and Very Low-Income Families, or to
			 sponsor local programs to construct, acquire or rehabilitate housing owned and
			 occupied by Low- and Very Low-Income Families;
(2) Local Partnership Programs and other
			 approved agencies to provide Tenant-Based Rental Assistance to qualified Low-
			 and Very Low-Income Families;
(3)
			 CHDOs to provide funds for the construction of housing for rental and
			 Homeownership opportunities by Low- and Very Low-Income Families, or to acquire
			 and/or rehabilitate existing structures for rental and Homeownership
			 opportunities by Low- and Very Low-Income Families.
(a) The Department shall set aside 15 percent
			 of the HOME allocation for housing developed, owned or sponsored by
			 CHDOs.
(b) The CHDO set-aside may
			 also include Project-specific predevelopment and technical assistance
			 loans.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 120 - HOME INVESTMENT PARTNERSHIPS PROGRAM › Section 813-120-0025 - Application Procedure and Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may distribute HOME funds,
			 subject to availability of funds in the Program, through a process which may
			 involve but is not limited to a first come - first reviewed process,
			 demonstration program, a competitive review process, or as necessary to
			 maintain an on-going concern.
(a)
			 Applications for HOME funds may include a pre-application and a final
			 application. The completeness of information in pre-applications shall be the
			 basis for inviting final applications.
(b) Each application submitted shall be
			 reviewed by Department staff according to Program requirements and detailed
			 Project evaluation criteria.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 120 - HOME INVESTMENT PARTNERSHIPS PROGRAM › Section 813-120-0032 - Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 shall consider an application and approve or deny the application, or request
			 additional information within the timeframe set forth in the application
			 materials.
(2). If the Department
			 proposes to award HOME funds on an application requesting in excess of
			 $100,000, it shall submit the application request 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
			 HOME assistance, the Department and the Council, as appropriate, may consider,
			 in addition to any other or special evaluation criteria, the following:
(a) Amount of available funds in the HOME
			 Program;
(b) Availability of other
			 sources of assistance; and
(c)
			 Applicant's efforts to leverage public or private funds.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 120 - HOME INVESTMENT PARTNERSHIPS PROGRAM › Section 813-120-0035 - Forms of Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall provide funds for he acquisition, construction and
			 rehabilitation of housing, including Transitional Housing, affordable to
			 Low-and Very Low-Income Families, and Tenant-Based Rental Assistance to Low-
			 and Very-Low-Income Families subject to limitations otherwise prescribed by OAR
			 813, division 120, and  24 CFR Part 92.
(2) The Department shall also provide
			 down-payment assistance to First-time Homebuyers in accordance with the
			 American Dream Downpayment Initiative as described in 24 CFR Subpart
			 M.
(3) The Department shall confirm
			 to the applicant in writing the amount and form or assistance, if any, to be
			 provided form the HOME Program.
(4)
			 The Department may establish fees, interest rates, repayment terms, performance
			 criteria and reporting requirements pursuant to  24 CFR Part 92, as the
			 Department considers appropriate or necessary for the type and use of
			 assistance provided. The Department shall specify such terms and conditions to
			 an applicant in writing before funds are advanced or any agreements signed. The
			 Department may require an 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, subject to federal policy or regulatory direction.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  456.620
Stats. Implemented: ORS
				  456.559(1)(f)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 120 - HOME INVESTMENT PARTNERSHIPS PROGRAM › Section 813-120-0040 - Eligible Costs for HOME Activities

Current through Register Vol. 63, No. 7, July 1, 2024
Costs are determined as eligible to be paid with HOME funds to
				the extent that they promote housing affordability. Eligible costs
				include:
(1) Development hard costs
			 such as the actual costs of constructing or rehabilitating housing including,
			 but not limited to:
(a) For new construction,
			 costs to meet the applicable new construction standards of Oregon and the Model
			 Energy Code referred to in  24 C.F.R. Sec. 92.251.
(b) For rehabilitation, costs to meet the
			 property standards in  24 C.F.R. Sec. 92.251; to make essential improvements,
			 including energy-related repairs or improvements, improvements necessary to
			 permit use by persons with disabilities, the abatement of lead-based paint
			 hazards, as required by 24 C.F.R. Sec.
			 92.355, and to repair or replace
			 major housing systems in danger of failure; costs to refinance existing debt
			 when rehabilitating owner-occupied single family units;
(c) For both new construction and
			 rehabilitation,
(A) Costs to make utility
			 connections; and costs of existing structure demolition and improvements to the
			 Project site. A Project shall be documented to have complied with these
			 standards prior to the submission of an IDIS Project Completion
			 Report.
(B) Costs associated with
			 Project site improvements. Site improvements shall be comparable to those found
			 in similar developments in the geographic area surrounding the Project and
			 shall be accomplished for the primary use of the proposed Project
			 residents.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 120 - HOME INVESTMENT PARTNERSHIPS PROGRAM › Section 813-120-0045 - Eligible Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may provide funds for the following categories of activities. The
			 Department may restrict the availability of Program funds for each such
			 category at the time it solicits applications.
(2) Homeowner Rehabilitation: For
			 rehabilitation of single-family housing that is the principal residence of a
			 homeowner whose Family is a Low-Income or Very Low-Income Family at the time of
			 commitment of HOME funds. Homeowner rehabilitation programs shall be
			 administered by a State Recipient or a Subrecipient.
(3) Homebuyer Assistance: For acquisition,
			 rehabilitation and/or construction of housing to be owned and occupied by Low-
			 or Very Low-Income Families.
(4)
			 Rental Rehabilitation: For acquisition and/or rehabilitation of existing
			 structures for rental housing affordable to Low- and Very Low-Income Families.
			 The initial and long-term affordability requirements outlined in OAR
			 813-120-0050  shall apply to rental housing assisted with HOME funds. Rental
			 rehabilitation projects may be sponsored by a State Recipient, Nonprofit
			 Organization, For-Profit Organization, individual or CHDO.
(5) New Construction: For the construction of
			 new rental housing or the acquisition of rental housing which is acquired
			 within one year of the date of the certificate of initial occupancy. New
			 construction Projects may be sponsored by a State Recipient, Nonprofit
			 Organization, For-Profit Organization, individual or CHDO.
(6) Acquisition of vacant land or demolition
			 is an eligible activity only when proposed as a portion of a particular Project
			 intended to provide affordable housing. New Construction of housing is an
			 eligible activity only when the initial certificate of occupancy was issued mor
			 more than one year prior to the Commitment of Program Funds, and is otherwise
			 approved by the Department. Building conversion is considered new construction
			 if one or more untis are being added beyond the existing walls of the
			 structure.
(7) Tenant-Based Rental
			 Assistance: For rental assistance to Low- and Very Low-Income Families.
(8) CHDO Predevelopment and
			 Technical Assistance: Loans for project-specific predevelopment or technical
			 assistance and site control activities performed by CHDOs may be authorized for
			 up to 10 percent of the Program's allocation set-aside for CHDOs, as described
			 in  24 C.F.R. Sec. 92.208,
			 92.300(e) and
			 (f).
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  456.620
Stats. Implemented: ORS
				  456.559(1)(f)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 120 - HOME INVESTMENT PARTNERSHIPS PROGRAM › Section 813-120-0047 - Distribution and Expenditure of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department will follow the allocation
			 strategies as outlined in the Consolidated Plan or its successor the program
			 information described in OAR 813-120-0060  which may distribute funds based on a
			 formula that takes onto account the relative housing needs of regions or other
			 factors, distribute funds on a statewide basis, or may consider some other
			 means of distribution.
(2) As
			 opportunities arise, the Department may use HOME funds for the demonstration
			 and development of new activities.
(3) The Department shall use its best efforts
			 to make commitments for Projects under the State's HOME allocation for a fiscal
			 year within two years after the month in which that allocation is approved by
			 HUD. All HOME funds committed to a Project under the State's HOME allocation
			 for a fiscal year shall be expended within five years after the month in which
			 the HOME allocation for that fiscal year is approved by HUD.
(4) A Recipient shall begin expenditure of
			 its HOME funds within six months of the date the HOME Agreement between the
			 Recipient and the Department is executed. The Department may, in its sole
			 discretion, permit extension(s) upon submission by the Recipient of
			 documentation acceptable to the Department.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  456.620
Stats. Implemented: ORS
				  456.559(1)(f)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 120 - HOME INVESTMENT PARTNERSHIPS PROGRAM › Section 813-120-0050 - HOME Affordability Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
HOME affordability requirements vary according to the amount of
				HOME funds invested and the activity involved. The Department may choose to
				include one or all of the activities in its Program. Affordability is defined
				as follows:
(1) For HOME assisted
			 units in rental housing Projects:
(a) Initial
			 and continuing contract rents shall not exceed the lesser of the HUD
			 periodically determined fair market rent (FMR) for comparable-sized units in
			 the area, or a contract rent that does not exceed 30 percent of Adjusted Income
			 of a Family whose income is 65 percent of the area median income as determined
			 by HUD, adjusted for the number of bedrooms in the unit;
(b) If the Project contains five or more
			 HOME-assisted units, a minimum of 20 percent of the HOME-assisted units shall
			 be occupied by Very Low-Income Families
(A)
			 paying no more than 30 percent of Adjusted Income for rent, or
(B) having contract rents not greater than 30
			 percent of gross annual income of a Family whose income equals 50 percent of
			 area median income, as determined by HUD and adjusted for family size, but
			 under no circumstances shall rents described in (ii) exceed the limits
			 identified in (a) above;
(c) The HOME-assisted units shall be occupied
			 only by Low- and Very Low-Income Families;
(d) The Project does not refuse leasing
			 HOME-assisted units to a Family participating in the HUD Section 8 rental
			 certificate or voucher program or HOME Tenant-Based Rental Assistance under OAR
			 813, division 120; and
(e) The HOME
			 assisted units of a Project shall remain affordable after Project Completion,
			 enforced by deed restrictions or covenants running with the land, for periods
			 not less than the following based on the amount of HOME assistance per unit
			 regardless of loan or other mortgage terms or ownership transfer:
(A) For rehabilitation and/or acquisition of
			 existing housing per unit amount of HOME funds: Under $15,000 -- 5 years;
			 $15,000 to $40,000 -- 10 years; over $40,000 -- 15 years.
(B) For acquisition of newly-constructed
			 housing which is acquired within one year of the date of the certificate of
			 initial occupancy, or for new construction, the Project must remain affordable
			 for 20 years.
(C) The affordability
			 restrictions may terminate upon foreclosure or other transfer in lieu of
			 foreclosure. If at any time following transfer by foreclosure or transfer in
			 lieu of foreclosure, but if during the term of the affordability period, the
			 owner of record prior to the foreclosure or transfer in lieu of foreclosure, or
			 any entity that includes the former owner or those with whom the former owner
			 has or has had family or business ties, obtains an ownership interest in the
			 Project or property, the affordability restrictions shall be revived according
			 to the original terms.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 120 - HOME INVESTMENT PARTNERSHIPS PROGRAM › Section 813-120-0060 - Program Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department has adopted guidelines for the HOME Program regarding application
			 procedures, Project eligibility, Project selection criteria, forms of financial
			 assistance available, and other applicable information. Program guidelines are
			 published in the Program's application materials.
(2) The guidelines described in OAR
			 813-120-0060(1)  are hereby adopted by reference.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  456.620
Stats. Implemented: ORS
				  456.559(1)(f)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 120 - HOME INVESTMENT PARTNERSHIPS PROGRAM › Section 813-120-0110 - General Administrative and Monitoring Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following general administrative and
			 reporting requirements apply under the HOME Program:
(a) The requirements of 24 CFR Parts 44,45
			 and 85 apply to State Recipients and Subrecipients, and the requirements of OMB
			 Circular A-87 and
			  24 CFR
			 85.6,
			 85.12,
			 85.20,
			 85.22,
			 85.26,
			 85.34,
			 85.36,
			 85.44,
			 85.51
			 and
			 85.52
			  apply to State Recipients and any governmental Subrecipients receiving HOME
			 finds.
(b) The requirements of OMB
			 Circular A-122 and
			  24
			 CFR 84.2,
			 84.5, 84.13-16,
			 84.21,
			 84.22,
			 84.26 -
			 84.28,
			 84.30,
			 84.31,
			 84.34 -
			 85.37,
			 84.40
			 -
			 84.48,
			 84.51,
			 84.60
			 - 84.62,
			 84.72
			 and
			 84.73
			  apply to Subrecipients receiving HOME funds that are non-governmental Nonprofit
			 Organizations.
(c) Each Recipient
			 shall submit periodic performance reports as required by the Department, and at
			 the end of the term of its HOME Agreement a Recipient shall submit a summary
			 performance report in form and detail as prescribed by the Department. Such
			 reports shall include those items described in  24 C.F.R. Sec. 92.508.
(d) Financial records, supporting documents
			 and all other pertinent records (including but not limited to records related
			 to Program activities and HOME assisted Projects) shall be retained by State
			 Recipients, Subrecipients and Recipients for the applicable five year period as
			 described in  24 C.F.R. Sec. 92.508, or after any litigation or audit claim is
			 resolved, whichever is later. Representatives of the Department, HUD, the
			 Comptroller General of the United States, the General Accounting Office, and
			 Oregon Secretary of State shall have access to all books, accounts, documents,
			 records and other property belonging to or in use by State Recipients,
			 Subrecipients, and Recipients that pertain to the receipt of HOME
			 funds.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 120 - HOME INVESTMENT PARTNERSHIPS PROGRAM › Section 813-120-0120 - Remedies for Noncompliance

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 At any time before expiration of the affordability requirements contained in
			 OAR 813-120-0050  that are applicable to a Recipient, the Department may, for
			 cause, find that the Recipient is not in compliance with the requirements of
			 the Program. Remedies for noncompliance may include penalties set forth in
			 813-120-0130. The Department may make findings of noncompliance for reasons
			 that include, but are not limited to, use of funds by the Recipient for
			 activities not approved in the Recipient's HOME Agreement, the Recipient's
			 failure to complete activities contemplated by such Agreement in a timely
			 manner, the Recipient's failure to comply with all applicable rules or
			 regulations, or the lack of a continued capacity by the Recipient to carry out
			 the approved activities.
(2) If the
			 Recipient's HOME Agreement terminates prior to Project Completion, the
			 Recipient shall repay to the Department's HOME Investment Trust Fund Account
			 all HOME funds disbursed to the Recipient by the Department for the Project.
			 Repayment of HOME funds to the Department's HOME Investment Trust Fund Account
			 shall not relieve the Recipient of its obligation to keep the Project
			 affordable for the HOME period of affordability set forth in its Home Agreement
			 with the Department.
Stat. Auth.: ORS
				  456.620
Stats. Implemented: ORS
				  456.559(1)(f)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 120 - HOME INVESTMENT PARTNERSHIPS PROGRAM › Section 813-120-0130 - Sanctions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may invoke sanctions against a State Recipient, Subrecipient or Recipient that
			 fails to comply with its HOME Agreement. Sanctions will not be imposed by the
			 Department until the State Recipient, Subrecipient or Recipient has been
			 notified in writing of its deficiencies and has been given an opportunity to
			 respond and correct the deficiencies noted. Below is an illustrative (but not
			 comprehensive) list of circumstances that may warrant sanctions:
(a) The Recipient has not commenced any of
			 the Project activities within six months after its Project award;
(b) The Recipient has not entered into the
			 necessary third party agreements related to the Project within ninety (90) days
			 of its Project award;
(c) The State
			 Recipient, Subrecipient or Recipient has materially breached its HOME
			 agreement; or
(d) The Department
			 finds that significant corrective action is necessary to protect the integrity
			 of the Project funds, and are not being made or will not be made by the
			 Recipient within a reasonable time.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 120 - HOME INVESTMENT PARTNERSHIPS PROGRAM › Section 813-120-0140 - Request for Reconsideration; Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An Applicant may, in writing, request the
			 Director reconsider the Department's funding decision. The Applicant's request
			 shall be filed with the office of the Director within 30 days of the
			 Department's funding decision and shall state with particularity the basis for
			 reconsideration. The Director may require additional information from the
			 Applicant and shall consider a request which complies with the requirements of
			 this OAR 813-120-0140. The Director's decision regarding such request is
			 final.
(2) The Director may waive
			 or modify any non-statutory requirements of HOME unless such waiver or
			 modification would violate any applicable federal or state statutes or
			 regulations.
Stat. Auth.: ORS
				  456.620
Stats. Implemented: ORS
				  456.559(1)(f)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 125 - CO-LOCATION OF AFFORDABLE RENTAL HOUSING AND EARLY CARE AND EDUCATION (CARE) › Section 813-125-0005 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
OAR chapter 813, division 125 is established to enact the
				Co-Location of Affordable Rental Housing and Early Care and Education (CARE) as
				requested through a budget note in House Bill 5011 (2021). CARE is also subject
				to the Department's general rules, including but not limited to OAR chapter
				813, division 5, and subject to the Department's general procedures for public
				contracts and procurements found in OAR chapter 813, division 6. The purpose of
				CARE is to provide additional supportive services to low-income housing
				residents by increasing the availability of childcare and early learning. This
				program helps to accomplish this by incenting the incorporation of early
				learning facilities into affordable housing developments or by helping to
				renovate affordable housing homes and facilities to allow for childcare or
				additional childcare in the home. Co-locating early learning centers in
				affordable housing developments is a cross discipline activity. It requires
				combining affordable housing development and administration with early learning
				operations and their regulatory requirements. OHCS may determine that third
				party administration of this program is most advantageous.
Statutory/Other Authority: ORS
				  456.555 & ORS
				  456.502
Statutes/Other Implemented: ORS
				  456.555 & ORS
				  456.502
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 125 - CO-LOCATION OF AFFORDABLE RENTAL HOUSING AND EARLY CARE AND EDUCATION (CARE) › Section 813-125-0006 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
OAR chapter 813, division 125 is established to enact the
				Co-Location of Affordable Rental Housing and Early Care and Education (CARE) as
				requested through a budget note in House Bill 5011 (2021). CARE is also subject
				to the Department's general rules, including but not limited to OAR chapter
				813, division 5, and subject to the Department's general procedures for public
				contracts and procurements found in OAR chapter 813, division 6. The purpose of
				CARE is to provide additional supportive services to low-income housing
				residents by increasing the availability of childcare and early learning. This
				program helps to accomplish this by incenting the incorporation of early
				learning facilities into affordable housing developments or by helping to
				renovate affordable housing homes and facilities to allow for childcare or
				additional childcare in the home. Co-locating early learning centers in
				affordable housing developments is a cross discipline activity. It requires
				combining affordable housing development and administration with early learning
				operations and their regulatory requirements. OHCS may determine that third
				party administration of this program is most advantageous.
Statutory/Other Authority: ORS
				  456.555 & ORS
				  456.502
Statutes/Other Implemented: ORS
				  456.555 & ORS
				  456.502