reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 20 - SINGLE-FAMILY MORTGAGE PROGRAM › Section 813-020-0021 - Reservation System

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A lender
			 approved by the Department under OAR 813-020-0020  may apply to the Department
			 for a reservation of Department funds with which the Department may purchase a
			 loan made by the lender under the Single Family Mortgage Program. A lender
			 applies for a reservation by submitting to the Department the name of the
			 applicant for the loan, the address of the property to which the loan applies,
			 the amount of the loan, the acquisition cost and any other information and
			 documents requested by the Department.
(2) Program loan funds are reserved on a
			 first-come first-served loan by loan basis, except that the Department may also
			 move to the list of approved loan reservations a reservation from a list of
			 standby reservations established by the Department whenever a reservation
			 approved by the Department is cancelled by a lender.
(3) A lender may assign a reservation
			 approved by the Department to another lender approved by the Department if both
			 lenders consent to the assignment in writing and if the Department authorizes
			 the assignment.
(4) A lender shall
			 report and confirm to the Department for each reservation, on a regular basis
			 established by the Department, all of the following information:
(a) The name of the borrower;
(b) The address of the property to which the
			 loan applies;
(c) The loan amount;
			 and
(d) The date on which the loan
			 was cancelled or the dates on which the loan was approved and closed.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 20 - SINGLE-FAMILY MORTGAGE PROGRAM › Section 813-020-0022 - Eligible Borrowers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person is eligible to receive a loan under the Single Family Mortgage Program if, on the dates of application and loan closing:
(a) The total of the annualized gross household income, from any source and before taxes and withholding, of all non-minor persons who will reside in the single family residence to which the loan applies does not exceed the applicable income limit established by the Department and by the Internal Revenue Code of 1986, as amended;
(b) The person:
(A) Is a resident or intends to be a resident of Oregon;
(B) In good faith intends to occupy the single-family residence as a permanent principal residence;
(C) Possesses the legal capacity to incur the obligations of the program loan;
(D) Has a credit standing acceptable to the Department;
(E) Agrees that any other residential property owned by the person will be sold by the time of closing; and
(F) Meets applicable requirements established by Section  143 of the Internal Revenue Code of 1986, as amended and as described in OAR 813-020-0070, if the program loan is to be made from the proceeds of bonds sold after September 15, 1982.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 20 - SINGLE-FAMILY MORTGAGE PROGRAM › Section 813-020-0025 - Program Loans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A loan under
			 the Single-Family Mortgage Program is eligible for purchase by the Department:
(a) If the borrower holds title to the
			 single-family residence in fee simple or in another form of ownership
			 acceptable to the Department; and
(b) If the loan:
(A) Meets to the satisfaction of the
			 Department the requirements in the purchase agreement between the Department
			 and the lender;
(B) Has a final
			 maturity at least fifteen and not more than forty years from the date of its
			 making;
(C) Is secured by a first
			 lien deed of trust granted by the borrower on the single-family residence
			 financed by the loan; and
(D) Is
			 made solely to finance the purchase, construction or purchase and
			 rehabilitation of an existing or newly constructed single-family residence for
			 use as the permanent, principal residence of the borrower.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 20 - SINGLE-FAMILY MORTGAGE PROGRAM › Section 813-020-0035 - Eligible Residences

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A residence is eligible for a loan from the Single-Family Mortgage Program if:
(a) The residence is located in Oregon;
(b) The residence is structurally sound and functionally adequate;
(c) The residence is only one single-family residential unit;
(d) The residence conforms with all applicable zoning requirements, building codes and similar requirements; and
(e) The acquisition cost, including any deferred, indirect or nonmonetary consideration other than labor of the borrower and the borrower's family, and the appraised value of the residence do not exceed limits established by the Department under this rule.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 20 - SINGLE-FAMILY MORTGAGE PROGRAM › Section 813-020-0045 - Lender Action on Loan Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A lender shall proceed in good faith to
			 process a loan application under the Single Family Mortgage Program and shall
			 make the program loan if the lender determines that:
(a) Loan funds are available;
(b) The application is complete;
(c) The application appears to comply with
			 the rules of this division and the terms of the applicable loan agreement;
			 and
(d) The applicant appears to be
			 a borrower who is eligible for a loan under OAR 813-020-0030.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 20 - SINGLE-FAMILY MORTGAGE PROGRAM › Section 813-020-0046 - Mortgage Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
If the amount of a loan under the Single-Family Mortgage
				Program is greater than 80 percent of the original acquisition cost or, if
				lower, its value according to an appraisal acceptable to the Department, the
				borrower shall obtain and maintain in force mortgage insurance or a guarantee
				of the program loan by a qualified mortgage insurer. The following requirements
				apply to the mortgage insurance policy or guarantee:
(1) The policy must be in effect at the time
			 of sale of the Program Loan to the Department;
(2) The Department must be named as the
			 mortgagee insured or guaranteed; and
(3) The amount, terms and extent of coverage
			 of the insurance or guaranty must meet the requirements of the indenture of
			 trust and the bond indenture declaration governing the bonds used for the
			 acquisition of the residence as determined by the Department to provide
			 reasonable security against loss in the event of default.
Stat. Auth.: ORS
				  456.555
Stats. Implemented: ORS
				  456.620,
				  456.625,
				  456.635 &
				  456.640
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 20 - SINGLE-FAMILY MORTGAGE PROGRAM › Section 813-020-0047 - Title Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
A loan under the Single-Family Mortgage Program must be covered
				by a title insurance policy issued in American Land Title Association (ALTA)
				form by a title insurance company authorized to transact insurance in Oregon by
				the Department of Consumer and Business Services. All of the following
				requirements apply to a title insurance policy under this rule:
(1) The amount of coverage of the policy must
			 be at least equal to the outstanding principal balance of the program
			 loan.
(2) The benefits of the
			 policy must run to the Department, as either named insured or
			 assignee.
(3) The policy may not be
			 subject to any exceptions or conditions other than those previously approved
			 by:
(a) The Department;
(b) The federal Department insuring or
			 guaranteeing the loan, if any; or
(c) A private mortgage insurer, if
			 any.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 20 - SINGLE-FAMILY MORTGAGE PROGRAM › Section 813-020-0048 - Hazard Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
A borrower under the Single-Family Mortgage Program must carry
				hazard insurance on the residence financed by the program loan that meets the
				requirements of the loan agreement. The hazard insurance must be in effect at
				the time the program loan is made, and must remain in effect for the term of
				the program loan.
Stat. Auth.: ORS
				  456.555
Stats. Implemented: ORS
				  456.620,
				  456.625,
				  456.635 &
				  456.640
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 20 - SINGLE-FAMILY MORTGAGE PROGRAM › Section 813-020-0049 - Permissible Use of Property Financed by a Program Loan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A borrower under the Single-Family Mortgage Program shall continuously occupy the single-family residence financed by the program loan as the borrower's permanent and principal residence during the time the borrower has the program loan, except under the conditions specified in section (2) of this rule. Prior to repayment of the program loan or prior to assumption of the loan when the Department allows assumption, the borrower may not sell, transfer or otherwise dispose of the single-family residence and may not be a party to any formal or informal arrangement to sell, transfer or otherwise dispose of the residence.
(2) A borrower under the program may not vacate, rent or agree to rent the single-family residence during the term of the program loan unless the borrower requests and receives permission from the loan servicer and, if the servicer requires, from the Department. Permission must be based upon the determination of the servicer, and of the Department when the Department's permission is requested, that one of the following conditions applies:
(a) The borrower is making a good faith effort to sell the residence or refinance the program loan; or
(b) The circumstances causing the borrower to move out of the residence are beyond the borrower's control, including but not limited to any of the following or substantially similar circumstances:
(A) The borrower or the borrower's spouse is drafted into military service;
(B) The borrower or the borrower's spouse is involuntarily transferred by an employer on a temporary basis;
(C) The borrower or the borrower's spouse becomes disabled and needs medical rehabilitation, and consequently cannot live in the residence; or
(D) The borrower or the borrower's spouse must move to finish an educational degree requirement and has taken a temporary leave of absence from employment.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 20 - SINGLE-FAMILY MORTGAGE PROGRAM › Section 813-020-0054 - Change of Ownership; Assumptions by Substitution of Liability for a Program Loan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A borrower
			 under the Single-Family Mortgage program may transfer ownership of property
			 financed by a program loan pursuant to an assumption if the Department
			 determines prior to the transfer that the assumption results in a substitution
			 of liability and the purchaser is eligible to be a borrower under OAR
			 813-020-0030. The assumption may be made subject to the terms of the existing
			 loan without an interest rate increase. An assumption under this section is
			 also subject to the following provisions:
(a)
			 The application for the assumption must be processed according to the rules of
			 this division, and applicable terms of the agreement between the loan servicer
			 and the Department;
(b) The
			 acquisition cost may not exceed the limit established by the Department and in
			 effect at the time the assumption application is made if the original program
			 loan was made from the proceeds of bonds sold after September 15,
			 1982;
(c) An applicant for an
			 assumption may not have held a present ownership interest in a principal
			 residence at any time within the three years immediately preceding the date of
			 the assumption unless:
(A) The original
			 program loan was made from the proceeds of bonds sold on or before September
			 15, 1982; or
(B) The residence is
			 located within a targeted area as designated under OAR 813-020-0070;
			 and
(d) The borrower
			 must have an annualized gross household income that does not exceed certain
			 limits established by the Department in accordance with the Internal Revenue
			 Code of 1986, as amended.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 20 - SINGLE-FAMILY MORTGAGE PROGRAM › Section 813-020-0056 - Approved Servicers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A bank,
			 savings bank or other financial institution that is authorized under the laws
			 of a state or of the United States to engage in the business of servicing loans
			 for residential housing may apply to become a loan servicer under the
			 Single-Family Mortgage Program by submitting the following to the Department:
(a) An application in the form prescribed by
			 the Department;
(b) An opinion by
			 the counsel of the applicant regarding the power and authority of the applicant
			 to enter into a loan servicing agreement with the Department;
(c) A list of the authorized officers of the
			 applicant and the signature of each officer;
(d) The most recent audited financial
			 statements of the applicant;
(e)
			 Documentation evidencing bond and insurance coverage;
(f) An application charge in an amount
			 established by the Department for its costs of evaluation and administration;
			 and
(g) Documentation indicating
			 the volume of residential loans produced by the applicant's mortgage lending
			 offices in Oregon.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 20 - SINGLE-FAMILY MORTGAGE PROGRAM › Section 813-020-0057 - Program Loan Servicing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 program loan servicer shall service a loan under the Single-Family Mortgage
			 Program in accordance with the servicing agreement and the rules of this
			 division.
(2) A program loan
			 servicer shall charge for loan servicing according to uniform servicing rates
			 established by the Department that are based on the estimated costs of
			 servicing program loans and prevailing rates for similar services.
(3) For the term of a program loan, the
			 borrower shall make monthly escrow payments for real estate property taxes and
			 assessments, hazard insurance premiums and, if necessary, mortgage insurance
			 premiums, except as otherwise provided in the terms of the loan agreement. A
			 program loan servicer may pay interest on program loan escrow reserve accounts
			 at its option.
(4) Upon approval by
			 the Department, a program loan servicer may take one or more actions to protect
			 the Department's security in a residence financed by a program loan. The
			 actions may include but are not limited to the following:
(a) Loan modification;
(b) Property maintenance and
			 repair;
(c) Foreclosure or
			 deed-in-lieu of foreclosure proceedings; and
(d) Representation of the Department's
			 interest in bankruptcy proceedings.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 20 - SINGLE-FAMILY MORTGAGE PROGRAM › Section 813-020-0060 - Qualifications as a "Special Purpose Credit Program"

Current through Register Vol. 63, No. 7, July 1, 2024
The Single-Family Mortgage Program is meant to and does benefit
				an economically disadvantaged class of persons. As such, the Department
				establishes the program as a "special purpose credit program" to satisfy the
				requirements of Interpretation Section 202.8(a)(1) of Regulation B of the
				Federal Equal Credit Opportunity Act. (U.S.C. 15, Chapter 41, Subchapter 4,
				Paragraph 6091.)
Stat. Auth.: ORS
				  456.555
Stats. Implemented: ORS
				  456.620,
				  456.625,
				  456.635 &
				  456.640
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 20 - SINGLE-FAMILY MORTGAGE PROGRAM › Section 813-020-0070 - Federal Eligibility Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Section  143 of the Internal Revenue Code of 1986, as amended, requires the Department to meet the following requirements for each loan made under the Single-Family Mortgage Program in order to preserve the federal tax exemption for bonds issued to finance program loans:
(a) The residence financed by a program loan must be used as a qualifying principal residence by the borrower;
(b) A person who has held a present ownership interest in a principal residence at any time within the three years preceding the date of a loan closing may not obtain a program loan except as authorized in sections (2) and (3) of this rule;
(c) The acquisition cost of a residence financed by a program loan may not exceed the limits established by the Department pursuant to the Internal Revenue Code of 1986, as amended for new and existing Single-Family Residences;
(d) Only a new mortgage may be financed, except as provided in OAR 813-020-0025(2); and
(e) A borrower must have an annualized gross household income that does not exceed limits established by the Department in accordance with the Internal Revenue Code of 1986, as amended; and
(f) The assumption of a program loan is prohibited unless each person assuming the loan meets the requirements of this section.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 22 - FLEX LENDING PROGRAM (FLEX) › Section 813-022-0000 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
The rules of OAR chapter 813, division 22 establish and
				implement the Flex Lending Program. Under the program, the Oregon Housing and
				Community Services Department purchases mortgages in order to facilitate
				homeownership for Oregonians with limited access to homeownership. The program
				will broaden access to safe mortgage products.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  456.555
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 22 - FLEX LENDING PROGRAM (FLEX) › Section 813-022-0005 - Program 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 822, unless the context indicates otherwise, or the term
				is otherwise defined in a subsequent division:
(1) "Approved Lender" is a mortgage lender
			 that is authorized by Oregon law to originate mortgage loans in the state and
			 has executed an agreement to provide mortgage loans to the
			 Department.
(2) "Department's
			 Servicer" means the loan servicer that has an agreement with the Department to
			 provide mortgage loan servicing.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  456.555
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 22 - FLEX LENDING PROGRAM (FLEX) › Section 813-022-0020 - Approved Lenders

Current through Register Vol. 63, No. 7, July 1, 2024
All Program Loan(s) will be originated and closed using
				Approved Lenders who apply for and meet the requirements of a solicitation
				issued by the Agency. Mortgage Loans delivered to the Department by Approved
				Lenders must also meet the requirements of the Department's Servicer.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  456.555
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 22 - FLEX LENDING PROGRAM (FLEX) › Section 813-022-0030 - Reservation of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An Approved
			 Lender may reserve funds (also known as "locking a loan").
(2) Funds are reserved on a
			 first-come-first-served loan by loan basis.
(3) Details regarding reservation of funds is
			 available in the OHCS Flex Lending Program Guideline Manual.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  456.555
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 22 - FLEX LENDING PROGRAM (FLEX) › Section 813-022-0040 - Manual

Current through Register Vol. 63, No. 7, July 1, 2024
The Flex Lending Program Guideline Manual with the requirements
				and standards therein, is incorporated into and adopted as part of this
				division of administrative rules, by reference. The program manual may be
				accessed online at the OHCS website. The manual is dated November 1,
				2023.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  456.555
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 22 - FLEX LENDING PROGRAM (FLEX) › Section 813-022-0050 - Program Loans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A mortgage loan
			 under the program is eligible for purchase by the Department if:
(a) The borrower holds title to the property
			 in fee simple or in another form of ownership acceptable to the Department;
			 and
(b) The mortgage loan meets the
			 requirements set forth in the OHCS Flex Lending Program Guideline
			 Manual.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 22 - FLEX LENDING PROGRAM (FLEX) › Section 813-022-0060 - Eligible Borrowers and Residences

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A borrower is eligible for a mortgage
			 loan under the program if they meet the eligibility requirements set forth in
			 the OHCS Flex Lending Program Guideline Manual.
(2) A residence is eligible for a mortgage
			 loan under the program if:
(a) The property is
			 residential property located in Oregon;
(b) The property contains one to four
			 residential dwelling units.
(c) The
			 property is structurally sound and functionally adequate; and
(d) The property meets the requirements of
			 the Department's Servicer.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 22 - FLEX LENDING PROGRAM (FLEX) › Section 813-022-0090 - Mortgage Servicing

Current through Register Vol. 63, No. 7, July 1, 2024
All Program Loans shall be serviced in accordance with the
				requirements of the Department's Servicer to include:
(1) Escrow account maintenance; and
(2) The following items, as applicable:
(a) Mortgage loan modification;
(b) Property maintenance and
			 repair;
(c) Foreclosure or
			 deed-in-lieu of foreclosure proceedings; and
(d) Representation of the investor's interest
			 in bankruptcy proceedings.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 25 - HOUSING COST IMPACT STATEMENT › Section 813-025-0005 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
The rules of OAR, Chapter 813, Division 025, are established to
				administer and enforce ORS
				183.530 and
				183.534. These rules require
				certain agencies to prepare a housing cost impact statement upon the proposal
				or repeal of any rule or amendment to an existing rule by certain agencies
				identified in ORS 183.530.
Stat. Auth.: ORS
				  90.800 -
				  90.840,
				  91.886, Ch. 183,
				  456.515 -
				  456.723 &
				  458.210 -
				  458.650
Stats. Implemented: ORS
				  183.530,
				  183.534
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 25 - HOUSING COST IMPACT STATEMENT › Section 813-025-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All terms are
			 used in OAR Chapter 813, Division 025, as defined in ORS
			 183.530 and
			 183.534, and as provided in OAR
			 813-025-0005  and herein.
(2) As
			 used in these rules, unless the context indicates otherwise:
(a) "Agencies" includes those agencies
			 identified in ORS 183.530 that are required to
			 prepare housing cost impact statements.
(b) "Housing Cost Impact" is the estimate of
			 the proposed rule or ordinance on the cost of a detached single family dwelling
			 as described in ORS 183.534.
(c) "Housing Cost Impact Form" is the form
			 prescribed by Oregon Housing and Community Services Department on which to
			 provide a Housing Cost Impact Statement, including any attachments.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 25 - HOUSING COST IMPACT STATEMENT › Section 813-025-0015 - Preparation of Statement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Agencies
			 listed in ORS 183.530 who are required to
			 prepare a Housing Cost Impact Statement shall do so on forms prescribed by
			 Oregon Housing and Community Services Department.
(2) The Housing Cost Impact Statement shall
			 be submitted with one of the following:
(a)
			 Fiscal impact statement as stated in ORS
			 183.325(2)(b)(E);
(b) A notice of proposed permanent rulemaking
			 action as stated in ORS
			 183.335(1);
			 or
(c) A temporary rule adoption as
			 stated in ORS 183.335(5).
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 27 - MANUFACTURED DWELLING PARKS PRESERVATION FUND PROGRAM › Section 813-027-0001 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
The rules of OAR chapter 813, division 027, are adopted for the
				purpose of administering section 7, chapter 906, Oregon Laws 2009, which
				establishes the Housing and Community Services Department Manufactured Dwelling
				Parks Preservation Fund and authorizes the Department to provide assistance to
				community organizations and tenant groups in acquiring manufactured dwelling
				parks in order to prevent the loss of housing units and preserve affordable
				housing.
Stat. Auth.: ORS
				  456.555
Stats. Implemented: 2009 OL Ch. 906 Sec.
				  7
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 27 - MANUFACTURED DWELLING PARKS PRESERVATION FUND PROGRAM › Section 813-027-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this division:
(1) "Community Organization" means a
			 nonprofit corporation established under ORS Chapter 65, a housing authority
			 established under ORS
			 456.055 to
			 456.235, a local government as
			 defined in ORS 197.015, or a tenants'
			 association supported nonprofit organization in ORS
			 90.820.
(2) "Tenant Group" means a tenant committee
			 formed under ORS 90.600 or any of the following
			 to which ORS 456.581 applies.
(a) A tenants' association as provided in ORS
			 90.760;
(b) A manufactured dwelling park nonprofit
			 cooperative as provided in ORS
			 62.803; or
(c) A facility purchase association as
			 provided in ORS 90.815.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 27 - MANUFACTURED DWELLING PARKS PRESERVATION FUND PROGRAM › Section 813-027-0020 - Eligibility for Moneys from Fund

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may disburse moneys in the Manufactured Dwelling
				Parks Preservation Fund by grant, loan or otherwise as the Department
				determines appropriate, subject to the availability of funds and to limitations
				otherwise prescribed by law, to a community organization or a tenant group to
				facilitate the organization's or group's acquisition of a manufactured dwelling
				park.
Stat. Auth.: ORS
				  456.555
Stats. Implemented: 2009 OL Ch. 906 Sec.
				  7
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 27 - MANUFACTURED DWELLING PARKS PRESERVATION FUND PROGRAM › Section 813-027-0030 - Application Procedure and Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may provide a reservation
			 of an award from the Manufactured Dwelling Parks Preservation Fund through a
			 process that may include but is not limited to any of the following:
(a) A direct Department award in which the
			 director makes an award without an application;
(b) An application according to a first-come,
			 first-reviewed and ready to proceed to closing process; or
(c) An application according to a competitive
			 review process.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 27 - MANUFACTURED DWELLING PARKS PRESERVATION FUND PROGRAM › Section 813-027-0040 - Criteria for Funding

Current through Register Vol. 63, No. 7, July 1, 2024
As the Department determines funds to be available, moneys from
				the Manufactured Dwelling Parks Preservation Fund may be awarded based on the
				following criteria:
(1) Funds must be
			 used to purchase a manufactured dwelling park;
(2) An applicant is a community organization
			 or tenant group;
(3) The park
			 purchase proposal includes a term of at least 20 years of affordability as
			 defined in the application;
(4) The
			 park purchase proposal demonstrates ongoing appropriate technical assistance to
			 the park if cooperative owned or owned by a tenant-owned nonprofit
			 organization;
(5) A purchase and
			 sale agreement or other similar document demonstrating site control has been
			 signed by both the buyer and seller of the park;
(6) The applicant has adequately demonstrated
			 the ability to meet the proposed terms of loan repayment to a lender or to the
			 Department when funding is awarded as a loan;
(7) The applicant has adequately demonstrated
			 the park can be operated in a financially feasible manner for at least the term
			 of affordability;
(8) The applicant
			 has agreed to operate the park for the duration of the affordability period as
			 specified in the application:
(9)
			 The applicant agrees to meet benchmarks for timely closing on funding resources
			 and completion of renovations as provided in the application proposal; and
(10) Any other criteria that the
			 Department or Council determines to be appropriate.
Stat. Auth.: ORS
				  456.555
Stats. Implemented: 2009 OL Ch. 906 Sec.
				  7
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 27 - MANUFACTURED DWELLING PARKS PRESERVATION FUND PROGRAM › Section 813-027-0050 - Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An application
			 for an award from the Manufactured Dwelling Parks Preservation Fund is subject
			 to the Department's approval, denial or modification, in whole or in part, and
			 is also subject to review by the State Housing Council.
(2) When a funding award is in excess of an
			 applicable threshold established by the State Housing Council and the Council's
			 review and approval are required under ORS
			 456.561, the Council shall
			 approve or disapprove the application at a public hearing pursuant to ORS
			 456.571.
(3) When reviewing an application, in
			 addition to any specific evaluation criteria, the Department or the Council, as
			 appropriate, may consider the following matters:
(a) The amount of available funds in the
			 program;
(b) The availability of
			 other Department sources for park purchase;
(c) The geographic distribution of requests
			 throughout the state; and
(d) Any
			 other criteria that the Department or Council determines to be
			 appropriate.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 27 - MANUFACTURED DWELLING PARKS PRESERVATION FUND PROGRAM › Section 813-027-0060 - Charges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may charge an applicant for an award from the Manufactured Dwelling Parks
			 Preservation Fund for costs incurred by the Department in evaluating and taking
			 action on an application, and may also:
(a)
			 Impose a transfer application charge on an owner who receives a contract,
			 grant, loan or tax credit through the Department or who requests the
			 Department's approval of a change in ownership; or
(b) Impose a transfer review charge on an
			 owner and transferee who effects a change in ownership without prior written
			 approval by the Department.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 27 - MANUFACTURED DWELLING PARKS PRESERVATION FUND PROGRAM › Section 813-027-0070 - General Administrative and Monitoring Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A recipient of moneys from the
			 Manufactured Dwelling Parks Preservation Fund shall furnish annual reports and
			 other materials as disclosed in the grant or loan documents to the
			 Department.
(2) A recipient of the
			 Manufactured Dwelling Parks Preservation Fund moneys is subject to reviews or
			 field inspections, or both, as the Department determines to be appropriate for
			 ensuring compliance.
(3) A
			 recipient of fund moneys shall retain financial records, supporting documents
			 and all other pertinent records for six years after affordability period
			 expires or after any litigation or audit claim is resolved, whichever is later.
			 The recipient shall provide the Department access to all books, accounts,
			 documents, records and other property belonging to or in use by the recipient
			 and relating to the use of the fund moneys.
(4) A recipient must certify that the final
			 uses of the Manufactured Dwelling Parks Preservation Fund proceeds have been
			 used as represented in the application and are in compliance with the program
			 as limited by law.
Stat. Auth.: ORS
				  456.555
Stats. Implemented: 2009 OL Ch. 906 Sec.
				  7
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 27 - MANUFACTURED DWELLING PARKS PRESERVATION FUND PROGRAM › Section 813-027-0080 - Noncompliance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At any time
			 before the expiration of the affordability period, if the Department determines
			 that a recipient of the moneys from the Manufactured Dwelling Parks
			 Preservation Fund is not in compliance with applicable requirements, the
			 recipient shall take corrective actions required by the Department. Examples of
			 noncompliance include, but are not limited to, the use of fund moneys for
			 activities not approved in the funding agreement, the failure to complete
			 activities in a timely manner, the failure to comply with applicable rules or
			 regulations or the lack of a continued capacity by the recipient to carry out
			 the approved activities. The Department may take any of the actions described
			 in section (3) of this rule against a recipient who does not take the required
			 corrective actions to the satisfaction of the Department.
(2) In addition to, or in lieu of a
			 requirement of corrective action under section (1) of this rule, the Department
			 may take one or more of the actions described in section (3) of this rule
			 against a recipient who is not in compliance with applicable requirements if
			 the Department determines that one or more of the following circumstances
			 exist:
(a) The Department or recipient has
			 not disbursed moneys within one year of award by the Department.
(b) A public or private party funding
			 agreement that is related to the project is not executed within six months of
			 the award of moneys from the fund.
(c) A material breach of the funding
			 agreement occurs, such as a failure to use the funds for eligible costs or a
			 failure of the recipient to serve the population stated in the funding
			 agreement.
(d) The funding
			 agreement is not recorded on the property as required by OAR 813-027-0050(6)  or
			 pursuant to agreement.
(e) The
			 Department finds that significant corrective actions are necessary to protect
			 the integrity of the award money and that the corrective actions are not or
			 will not be made within a reasonable time.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 27 - MANUFACTURED DWELLING PARKS PRESERVATION FUND PROGRAM › Section 813-027-0090 - Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may waive or modify any requirements of these
				rules, unless such waiver or modification would violate applicable federal or
				state law.
Stat. Auth.: ORS
				  456.555
Stats. Implemented: 2009 OL Ch. 906 Sec.
				  7
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 28 - HOUSING PRESERVATION FUND PROGRAM › Section 813-028-0001 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
The rules of OAR chapter 813, division 028, are adopted for the
				purpose of administering section 5, chapter 906, Oregon Laws 2009, which
				establishes the Housing and Community Services Department Housing Preservation
				Fund and authorizes the Department to provide financial assistance to aid in
				the acquisition, renovation or maintenance of section 8 housing or other
				housing with federal rent subsidies.
Stat. Auth.: ORS
				  456.555
Stats. Implemented: 2009 OL Ch. 906 Sec.
				  5
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 28 - HOUSING PRESERVATION FUND PROGRAM › Section 813-028-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
All terms are used in OAR 813, division 028, as defined in the
				Act and as provided in OAR 813-005-0005  and herein. As used in this Division,
				unless the context indicates otherwise:
(1) "Department" means the Oregon Housing and
			 Community Services Department established in ORS
			 456.555.
(2) "Fund" means the Housing and Community
			 Services Department Housing Preservation Fund established in section 5, chapter
			 906, Oregon Laws 2009.
Stat. Auth.: ORS
				  456.555
Stats. Implemented: 2009 OL Ch. 906 Sec.
				  5
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 28 - HOUSING PRESERVATION FUND PROGRAM › Section 813-028-0020 - Eligibility for Moneys from Fund

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may disburse moneys in the fund by grant, loan
				or otherwise as determined by the Department, subject to the availability of
				funds and limitations otherwise prescribed by law. The purposes for which the
				moneys may be disbursed include but are not limited to that of avoiding the
				expiration of federally contracted rent subsidies for affordable housing. These
				subsidies include but are not limited to subsidies under contracts with the U.
				S. Department of Housing and Urban Development and U.S. Department of
				Agriculture Rural Development that enable community organizations, for-profit
				entities and individuals to do the following:
(1) Acquire or rehabilitate existing
			 structures; and
(2) Maintain
			 housing with federally contracted rent subsidies.
Stat. Auth.: ORS
				  456.555
Stats. Implemented: 2009 OL Ch. 906 Sec.
				  5
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 28 - HOUSING PRESERVATION FUND PROGRAM › Section 813-028-0030 - Application Procedure and Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may provide a reservation
			 of an award from the fund through a process that may include but is not limited
			 to any of the following:
(a) A direct
			 Department award;
(b) An
			 application according to a first-come, first-reviewed process; or
(c) An application according to a competitive
			 review process.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 28 - HOUSING PRESERVATION FUND PROGRAM › Section 813-028-0040 - Criteria for Funding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As the
			 Department determines to be possible and appropriate, moneys from the fund are
			 subject to distribution throughout the state and on the basis of identified
			 needs and financial feasibility.
(2) Specific criteria for distributing moneys
			 from the fund include but are not limited to the following:
(a) The Department may give preference to an
			 application that does one or more of the following:
(A) Provides the greatest number of low and
			 very low income housing units for the least amount of account funds expended
			 from or committed toward matching funds available from other loans, grants or
			 eligible in-kind contributions.
(B)
			 Ensures the longest possible use as low or very low income housing units, as
			 determined by the State Housing Council.
(C) Provides housing for specific populations
			 that historically have faced barriers in finding housing and that are
			 identified as having a priority in the Department's Consolidated Plan or its
			 successor, or in a state-acknowledged initiative.
(D) Meets other criteria established by the
			 Department with respect to a particular project.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 28 - HOUSING PRESERVATION FUND PROGRAM › Section 813-028-0050 - Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An application
			 is subject to the Department's approval, denial or modification, in whole or in
			 part, and is also subject to review by the State Housing council as
			 appropriate.
(2) When a funding
			 award is in excess of an applicable threshold established by the State Housing
			 Council and the Council's review and approval are required under ORS
			 456.561, the Council shall
			 approve or disapprove the application at a public hearing pursuant to ORS
			 456.571.
(3) When reviewing an application, in
			 addition to any specific evaluation criteria, the Department or the Council, as
			 appropriate, may consider the following matters:
(a) The amount of available funds in the
			 program;
(b) The ability of the
			 applicant to meet proposed terms of loan repayment, when funding is awarded as
			 a loan;
(c) The availability of
			 other sources of assistance;
(d)
			 The applicant's efforts to leverage public or private funds; and
(e) Any other criteria that the Department or
			 Council determines to be appropriate.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 28 - HOUSING PRESERVATION FUND PROGRAM › Section 813-028-0060 - Charges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may charge an applicant for costs incurred by the Department in evaluating and
			 taking action on an application, and may also:
(a) Impose a transfer application charge on
			 an owner who receives a contract, grant, loan or tax credit through the
			 Department or who requests the Department's approval of a change in ownership;
			 or
(b) Impose a transfer review
			 charge on an owner and transferee who effects a change in ownership without
			 prior written approval by the Department.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 28 - HOUSING PRESERVATION FUND PROGRAM › Section 813-028-0070 - General Administrative and Monitoring Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A recipient of fund moneys shall furnish
			 annual reports and other materials to the Department as required by the
			 Department.
(2) A recipient of fund
			 moneys is subject to reviews or field inspections, or both, by the Department
			 that the Department determines to be appropriate for ensuring
			 compliance.
(3) A recipient of fund
			 moneys shall retain financial records, supporting documents and all other
			 pertinent records for six years after affordability expires or after any
			 litigation or audit claim is resolved, whichever is later. The recipient shall
			 provide the Department access to all books, accounts, documents, records and
			 other property belonging to or in use by the recipient and relating to the use
			 of the fund moneys.
(4) A recipient
			 must certify final uses of preservation proceeds for tax exempt eligible
			 uses.
Stat. Auth.: ORS
				  456.555
Stats. Implemented: 2009 OL Ch. 906 Sec.
				  5
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 28 - HOUSING PRESERVATION FUND PROGRAM › Section 813-028-0080 - Noncompliance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At any time
			 before the expiration of the affordability period, if the Department determines
			 that a recipient is not in compliance with applicable requirements, the
			 recipient shall take corrective actions required by the Department. Examples of
			 noncompliance include but are not limited to the use of fund moneys for
			 activities not approved in the funding agreement, the failure to complete
			 activities in a timely manner, the failure to comply with applicable rules or
			 regulations or the lack of a continued capacity by the recipient to carry out
			 the approved activities. The Department may take one or more of the actions
			 described in section (3) of this rule against a recipient who does not take the
			 required corrective actions to the satisfaction of the Department.
(2) In addition to or in lieu of a
			 requirement of corrective action under section (1) of this rule, the Department
			 may take one or more of the actions described in section (3) of this rule
			 against a recipient who is not in compliance with applicable requirements if
			 the Department determines that one or more of the following circumstances
			 exist:
(a) The Department or recipient has
			 not disbursed moneys within one year of award by the Department.
(b) A public or private party funding
			 agreement that is related to the project is not executed within six months of
			 the award of moneys from the fund.
(c) A material breach of the funding
			 agreement occurs, such as a failure to use the funds for eligible costs or a
			 failure of the recipient to serve the population stated in the funding
			 agreement.
(d) The funding
			 agreement is not recorded on the property as required by OAR 813-028-0040(2)(c)
 
			 or pursuant to agreement.
(e) The
			 Department finds that significant corrective actions are necessary to protect
			 the integrity of the award money and that the corrective actions are not or
			 will not be made within a reasonable time.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 28 - HOUSING PRESERVATION FUND PROGRAM › Section 813-028-0090 - Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may waive or modify any requirements of these
				rules, unless such waiver or modification would violate applicable federal or
				state law.
Stat. Auth.: ORS
				  456.555
Stats. Implemented: 2009 OL Ch. 906 Sec.
				  5