reglab/statecodes huggingface dataset:
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 813-125-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Terms used throughout OAR chapter 813, division 125 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) "Affordable
			 Housing" means housing that is affordable to households with incomes less than
			 or equal to 80 percent of the area median income for the county in which the
			 housing is built.
(2) "Co-Location"
			 means facilitating the development, placement or enhancement of childcare
			 facilities within affordable housing developments.
(3) "Community Development Finance
			 Institution (CDFI)" means a federally insured and regulated depository
			 institutions with a primary mission of community development. CDFI's are
			 certified by the U.S. Department of Treasury and include requirements that at
			 least 60 percent of their financing activities be targeted to one or more low-
			 and moderate income (LMI) populations or underserved communities.
(4) "Department" means the Housing and
			 Community Services Department for the State of Oregon.
(5) "Early Care & Education (ECE)
			 Centers" means any of the following child care types as described by the Oregon
			 Department of Education:
(a) Regulated Subsidy
			 Provider
(b) Registered Family
			 Child Care
(c) Certified Family
			 Child Care
(d) Certified Child Care
			 Center
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 813-125-0011 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Terms used throughout OAR chapter 813, division 125 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) "Affordable
			 Housing" means housing that is affordable to households with incomes less than
			 or equal to 80 percent of the area median income for the county in which the
			 housing is located.
(2)
			 "Co-Location" means facilitating the development, placement or enhancement of
			 childcare facilities within or on the grounds of affordable housing
			 developments.
(3) "Community
			 Development Finance Institution (CDFI)" means a federally designated financial
			 institution with a primary mission of community development, which provides
			 financial products and/or services in low-income communities and to people who
			 lack access to financing. CDFI's are certified by the U.S. Department of
			 Treasury and include requirements that at least 60 percent of their financing
			 activities be targeted to one or more low income populations or underserved
			 communities.
(4) "Department" means
			 the Housing and Community Services Department for the State of
			 Oregon.
(5) "Early Care &
			 Education (ECE) Facility" means any of the following child care types as
			 described by the Oregon Department of Education:
(a) Regulated Subsidy Provider
(b) Registered Family Child Care
(c) Certified Family Child Care
(d) Certified Child Care Center
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 813-125-0015 - Availability and Source of CARE Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) CARE funds were
			 authorized through the Oregon Emergency Board in 2022 after a program framework
			 was provided and approved by that body. CARE funds, at the discretion of the
			 Department, may be administered internally or in partnership with other state
			 departments, or may be granted to a third-party administrator for the purpose
			 of fund management and administration of the program. The CARE fund
			 administrator is responsible for the following:
(a) Outreach
(b) Technical assistance
(c) Fund leveraging (if managed by a third
			 party)
(d) Fund
			 management
(e) Pipeline monitoring,
			 tracking and management
(f) Program
			 design
(g) Fund
			 deployment
(h) Impact
			 analysis
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 813-125-0016 - Availability and Source of CARE Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) CARE funds were authorized through the
			 Oregon Emergency Board in 2022 after a program framework was provided and
			 approved by that body. CARE funds, at the discretion of the Department, may be
			 administered internally or in partnership with other state departments, or may
			 be granted to a third-party administrator for the purpose of fund management
			 and administration of the program. The CARE fund administrator is responsible
			 for the following:
(a) Outreach
(b) Technical assistance
(c) Fund leveraging (if managed by a third
			 party)
(d) Fund
			 management
(e) Pipeline monitoring,
			 tracking and management
(f) Program
			 design
(g) Fund
			 deployment
(h) Impact
			 analysis
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 813-125-0020 - Eligibility for CARE Resources

Current through Register Vol. 63, No. 7, July 1, 2024
The Department, individually, in partnership with other state
				agencies, or through a Third Party Administrator will distribute CARE resources
				for the Co-Location of affordable housing and early learning and care centers.
				Funds will be distributed utilizing a Department approved method involving
				either a competitive or a first come first served process with eligibility
				criteria. Eligibility criteria include but is not limited to:
(1) Project viability criteria - reasonable
			 expectation that the ECE provider will remain a provider for at least 10
			 additional years.
(2) Project is
			 co-located or to be co-located with Regulated Affordable Housing
(3) The project is located within the State
			 of Oregon.
(4) The project will
			 result in additional ECE slots or will rectify an issue that would otherwise
			 result in the loss of ECE slots in the community.
(5) The assistance to construct, develop,
			 rehabilitate, improve, retrofit, or remodel (including approved tenant
			 improvements) is to incent the Co-location or continued Co-Location of an ECE
			 Center as defined in 813-125-0010.
Statutory/Other Authority: ORS
				  456.502 & ORS
				  456.555
Statutes/Other Implemented: ORS
				  456.502 & ORS
				  456.555
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 813-125-0021 - Eligibility for CARE Resources

Current through Register Vol. 63, No. 7, July 1, 2024
The Department, individually, in partnership with other state
				agencies, or through a Third Party Administrator will distribute CARE resources
				for the Co-Location of affordable housing and early learning and care centers.
				Funds will be distributed utilizing a Department approved method involving
				either a competitive or a first come first served process with eligibility
				criteria. Eligibility criteria include but is not limited to:
(1) Project viability criteria - reasonable
			 expectation that the ECE provider will remain a provider for at least 10
			 additional years.
(2) Project is
			 co-located or to be co-located with Regulated Affordable Housing.
(3) The project is located within the State
			 of Oregon.
(4) The project will
			 result in the creation of additional ECE slots or preservation of existing
			 slots that would otherwise be lost in the community.
(5) The assistance to construct, develop,
			 rehabilitate, improve, retrofit, or remodel (including approved tenant
			 improvements) is to incent the Co-location or continued Co-Location of an ECE
			 Facility as defined in 813-125-0010.
Statutory/Other Authority: ORS
				  456.502 & ORS
				  456.555
Statutes/Other Implemented: ORS
				  456.502 & ORS
				  456.555
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 813-125-0025 - Third Party Administrator Selection Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
If the Department determines that a Third Party Administrator
				is in the best interest of the State of Oregon, the following criteria may be
				included as part of the selection process:
(1) The Administrator meet the definition of
			 a Third Party Administrator found in 813-125-0010.
(2) The Third Party Administrator have the
			 ability to provide the services throughout the State of Oregon.
(3) The Third Party Administrator have
			 experience in providing Co-Location incentives, grant management, child care
			 expertise and housing development.
(4) The Third Party Administrator have
			 experience in leveraging funds, particularly with philanthropic
			 organizations.
(5) The Third Party
			 Administrator has experience in assuring that funds provide benefits to
			 families and business that are historically underserved by public
			 dollars.
(6) The Third Party
			 Administrator presents a plan that is efficient in utilizing public dollars but
			 also targets the communities most in need of ECE services.
Statutory/Other Authority: ORS
				  456.502 & ORS
				  456.555
Statutes/Other Implemented: ORS
				  456.502 & ORS
				  456.555
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 813-125-0026 - Third Party Administrator Selection Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
If the Department determines that a Third Party Administrator
				is in the best interest of the State of Oregon, the following criteria may be
				included as part of the selection process:
(1) The Administrator meets the definition of
			 a Third Party Administrator found in 813-125-0010.
(2) The Third Party Administrator has the
			 ability to provide the services throughout the State of Oregon.
(3) The Third Party Administrator has
			 experience in providing financial products for Co-Location, including loans,
			 grants, and other financial incentives, fund management, and expertise in child
			 care and housing development.
(4)
			 The Third Party Administrator have experience in leveraging funds, particularly
			 with philanthropic organizations.
(5) The Third Party Administrator has
			 experience in assuring that funds provide benefits to families and business
			 that are historically underserved by public dollars and/or traditional
			 financial institutions.
(6) The
			 Third Party Administrator presents a plan that is efficient in utilizing public
			 dollars but also targets the communities most in need of ECE
			 services.
Statutory/Other Authority: ORS
				  456.502 & ORS
				  456.555
Statutes/Other Implemented: ORS
				  456.502 & ORS
				  456.555
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 813-125-0030 - Program Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may establish or utilize a Third Party
				Administrator to develop program criteria that results in additional ECE slots
				through the use of Co-Location. Encouraging Co-Location of ECE Centers within
				affordable housing provides a benefit to the families within the affordable
				housing development and the community at large. Regardless of the
				administrator, program criteria shall address the following:
(1) Geographic equity and statewide resource
			 availability
(2) Programmatic
			 pathways establishing:
(a) Various program
			 designs to most efficiently and effectively meet the variety of provider
			 needs,
(b) When funds are granted
			 or loaned,
(c) What circumstances
			 the developer or the ECE provider receives program benefits,
(d) Interest rates and other loan terms where
			 applicable,
(e) Award caps for each
			 program design,
(f) Intended uses
			 and criteria for each pathway,
(g)
			 Application and award process,
(h)
			 Equity and Racial Justice considerations,
(i) Availability of technical assistance and
			 the parameters of this support,
(j)
			 Program oversight,
(k) Compliance
			 terms and,
(l) Reporting.
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 813-125-0031 - Program Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may establish or utilize a Third Party
				Administrator to develop program criteria that results in additional ECE slots
				through the use of Co-Location. Encouraging Co-Location of ECE Facilities
				within or on the grounds of affordable housing provides a benefit to the
				families within the affordable housing development and the community at large.
				Regardless of the administrator, program criteria shall address the
				following:
(1) Geographic equity and
			 statewide resource availability
(2)
			 Programmatic pathways establishing:
(a)
			 Various program designs to most efficiently and effectively meet the variety of
			 provider needs,
(b) When funds are
			 granted or loaned,
(c) Under what
			 circumstances the developer or the ECE provider receives program benefits
			 ,
(d) Interest rates and other loan
			 terms where applicable,
(e) Award
			 caps for each program design,
(f)
			 Intended uses and criteria for each pathway,
(g) Application and award
			 processes,
(h) Equity and Racial
			 Justice considerations,
(i)
			 Availability of technical assistance and the parameters of this
			 support,
(j) Program
			 oversight,
(k) Compliance terms
			 and,
(l) Reporting.
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 813-125-0035 - Program Continuation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The CARE
			 program includes capital resources in the form of both grants and loans
			 depending largely upon individual project need. Loans must include loan terms
			 and interest rates though interest rates shall be established at rates below
			 market levels. Funds returned through this process shall be reused by the
			 program or until such time that the Department determines the program is no
			 longer effective or funding is inadequate. At the time the program ends any
			 unused funds must be returned from any third party provider, not including any
			 agreed administrative expenses.
(2)
			 The CARE program may be recapitalized from time to time by the Oregon
			 Legislature. In these instances, additional funds are to be combined with any
			 active and recycled funds as set forth in Program Criteria design
			 (813-037-0030) and utilized in established pathways.
Statutory/Other Authority: ORS
				  456.502 & ORS
				  456.555
Statutes/Other Implemented: ORS
				  456.502 & ORS
				  456.555
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 813-125-0036 - Program Continuation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The CARE
			 program includes capital resources in the form of grants, loans and other
			 financial incentives or assistance, depending largely upon individual project
			 need. Loans must include loan terms and interest rates though interest rates
			 shall be established at rates below market levels, to be evaluated annually.
			 Funds returned through this process shall be reused by the program during the
			 term of agreement established through a contract with a Third Party
			 Administrator, or until such time that the Department determines the program is
			 no longer effective or funding is inadequate. At the time the program ends any
			 unused or uncommitted funds must be returned from any third party provider, not
			 including any agreed administrative expenses.
(2) The CARE program may be recapitalized
			 from time to time by the Oregon Legislature. In these instances, additional
			 funds are to be combined with any active and recycled funds as set forth in
			 Program Criteria design (813-037-0030) and utilized in established
			 pathways.
Statutory/Other Authority: ORS
				  456.502 & ORS
				  456.555
Statutes/Other Implemented: ORS
				  456.502 & ORS
				  456.555
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 813-125-0040 - Program Oversight

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 requires information from project awardees on an annual basis for 10 years from
			 the date of the program grant or original loan unless the loan is still active.
			 In this instance reporting requirements will continue on an annual basis until
			 the loan terms are fulfilled.
(2)
			 Report information must include but is not limited to the following:
(a) Number of families enrolled from the
			 affordable housing project
(b)
			 Staffing demographics
(c) Student
			 demographics
(d) Marketing
			 information
(e) Total enrollment
			 vs. capacity
(f) Enrollment
			 costs
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 813-125-0045 - Third Party Administrator Oversight

Current through Register Vol. 63, No. 7, July 1, 2024
In cooperation and collaboration with the DOE Early Learning
				Division, the Department will provide oversight to a Third Party Administrator
				if one is determined to be in the best interest of the program. Oversight may
				be established through a cooperative review process or may be done through the
				establishment of a CARE Review Committee that includes stakeholders as outlined
				in 813-125-0040. Joint reviews shall be done at least annually and may be more
				often if determined appropriate. The Department shall establish report criteria
				for the Third Party Administrator that includes, at a minimum, the information
				outlined in 813-125-0040.
Statutory/Other Authority: ORS
				  456.502 & ORS
				  456.555
Statutes/Other Implemented: ORS
				  456.502 & ORS
				  456.555
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 813-125-0046 - Third Party Administrator Oversight

Current through Register Vol. 63, No. 7, July 1, 2024
In cooperation and collaboration with the DOE Early Learning
				Division, the Department will provide oversight to a Third Party Administrator
				if one is determined to be in the best interest of the program. Oversight may
				be established through a cooperative review process or may be done through the
				establishment of a CARE Review Committee that includes stakeholders as outlined
				in 813-125-0040. Joint reviews shall be done at least annually and may be more
				often if determined appropriate. The Department shall establish report criteria
				for the Third Party Administrator that includes, at a minimum, the information
				outlined in 813-125-0040.
Statutory/Other Authority: ORS
				  456.502 & ORS
				  456.555
Statutes/Other Implemented: ORS
				  456.502 & ORS
				  456.555
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 813-125-0050 - Third Party Administrator Fees and Changes

Current through Register Vol. 63, No. 7, July 1, 2024
In the event of a Third Party Administrator, the Department may
				establish a longer term contract and allow a loan fee structure. The Department
				may engage in a long term contract with targeted performance outcomes allowing
				for contract termination earlier if necessary. However, if performing, a long
				term contract is preferred due to the high front end costs and the long term
				nature of construction and loan repayments the Third Party Administrator may be
				allowed to establish a loan fee structure and an application fee to offset
				administration though the department is advised to establish some ongoing
				administration costs for the Third Party Administrator for ongoing technical
				assistance demands.
Statutory/Other Authority: ORS
				  456.502 & ORS
				  456.555
Statutes/Other Implemented: ORS
				  456.502 & ORS
				  456.555
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 813-125-0051 - Third Party Administrator Fees and Changes

Current through Register Vol. 63, No. 7, July 1, 2024
In the event of a Third Party Administrator, the Department may
				establish a longer term contract and the Third Party Administrator may
				establish a loan fee structure for loans delivered under a lon-term contract
				with the Department. The Department may engage in a long term contract with
				targeted performance outcomes allowing for contract termination earlier if
				necessary. However, if performing, a long term contract is preferred due to the
				high front end costs and the long term capital needs of ECE providers and
				affordable housing developers, the Third Party Administrator may establish a
				loan fee structure and an application fee to support the ongoing administration
				of loans delivered under the CARE program.
Statutory/Other Authority: ORS
				  456.502 & ORS
				  456.555
Statutes/Other Implemented: ORS
				  456.502 & ORS
				  456.555
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 130 - HELP PROGRAM › Section 813-130-0000 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
OAR chapter 813, division 130, is promulgated to carry out the
				provisions of the HELP Program. The department receives HELP funds from the
				U.S. Department of Housing and Urban Development (HUD) under Section 1012 of
				the Steward B. McKinney Homeless Assistance Act ("the McKinney Act") of 1988.
				The HELP program is funded by monies realized from the HUD-authorized refunding
				of existing bonds issued by the department, the proceeds of which were
				originally used to finance housing projects, pursuant to an agreement between
				the department and HUD under HUD's Financing Adjustment Factor (FAF) program.
				Under the FAF program, HUD shares such monies realized from these refundings on
				an equal basis with bond issuers such as the department, and attaches certain
				restrictions and requirements upon the use of funds realized from such
				refunding. The HELP program's purpose is to provide financial assistance for
				the construction, acquisition and/or rehabilitation of multifamily rental
				housing for individuals and families of very low income in order to expand the
				supply of affordable, decent, safe and sanitary housing in Oregon. Additional
				program policies and instructions are outlined in the HELP Program Policies and
				Guidelines Manual dated June 21, 2013 (the "HELP Manual" or "Manual"),
				incorporated herein by reference. The Manual may be accessed online on the
				department's website.
Stat. Auth.: ORS
				  456.555
Stats. Implemented: ORS
				  456.555,
				  456.559,
				  456.625
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 130 - HELP PROGRAM › Section 813-130-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Certain terms used in OAR chapter 813, division 130, are defined in the Act, 813-005-0005, and herein. Other terms may be identified in the text of this division (including by incorporation), otherwise in chapter 813, or applicable law. As used in OAR chapter 813, division 130, unless the context indicates otherwise:
(1) "Affordability period" means the period during which a project assisted with HELP funds must remain affordable to very low income residents, which period shall be at least 10 years from the date of the use agreement executed in favor of the department.
(2) "Annual household income" means the anticipated total income from all sources received by the family head and by each additional member of the family of 18 years of age and over, including all net income derived from assets for the twelve-month period following the effective date of certification of income, in accordance with HUD regulations, 24 CFR 813 .
(3) "Applicant" means an applicant for HELP funds.
(4) "Household" means one or more persons occupying a housing unit.
(5) "HUD" means the U.S. Department of Housing and Urban Development.
(6) "Low income" means annual household income that does not exceed 80 percent of the median household income for the area, as determined by HUD, with allowances for family size.
(7) "Nonprofit organization" means:
(a) An organization that has obtained tax-exempt status under Section  501(c)(3) of the Internal Revenue Code of 1986, as amended, and is established under the provisions of ORS Chapter 65,
(b) A community development corporation as defined in ORS 458.210,
(c) A housing authority as defined in ORS 456.005,
(d) A community action agency established pursuant to the federal Economic Opportunity Act of 1964, which meets the requirements of ORS 458.505(4), or
(e) Other nonprofit entity satisfactory to the department and representing or seeking to serve the housing, human services and community economic revitalization needs of a clearly-defined population and area.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 130 - HELP PROGRAM › Section 813-130-0020 - Eligible Applicants for HELP Funds

Current through Register Vol. 63, No. 7, July 1, 2024
Eligible recipients for HELP funds include units of general
				local government and nonprofit organizations that propose to construct, acquire
				and/or rehabilitate projects with rental housing units for very low income
				tenants.
Stat. Auth.: ORS
				  456.555
Stats. Implemented: ORS
				  456.555,
				  456.559,
				  456.625
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 130 - HELP PROGRAM › Section 813-130-0030 - Eligible Activities for HELP Funds

Current through Register Vol. 63, No. 7, July 1, 2024
HELP funds provided by the Department shall be used for the
				construction, acquisition and/or rehabilitation of projects with rental housing
				units for very low income tenants.
Stat. Auth.: ORS
				  456.555
Stats. Implemented: ORS
				  456.555,
				  456.559,
				  456.625
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 130 - HELP PROGRAM › Section 813-130-0040 - Eligible Costs for HELP Funds

Current through Register Vol. 63, No. 7, July 1, 2024
Project costs eligible for HELP assistance are costs that
				promote housing affordability and include, but are not limited to:
(1) Development hard costs, such as the
			 actual costs of constructing or rehabilitating rental housing;
(2) Costs of acquiring improved or unimproved
			 real property;
(3) Pre-development
			 costs which have been pre-approved by the department;
(4) Soft development costs associated with
			 the construction, acquisition, or rehabilitation, including fees and interest
			 studies; and
(5) Other uses
			 identified in the HELP manual.
Stat. Auth.: ORS
				  456.555
Stats. Implemented: ORS
				  456.555,
				  456.559,
				  456.625
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 130 - HELP PROGRAM › Section 813-130-0050 - HELP Affordability Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A use agreement executed by the
			 department and a recipient shall include covenants and restrictions running
			 with land (that will be binding upon the recipient and any successors in title
			 to the project) that require such project to remain affordable to very low
			 income residents during the affordability period.
(2) Use agreements, inter alia, will require
			 recipients or other project owners to obtain resident income certifications at
			 the time of initial occupancy of the HELP-assisted units and on an annual basis
			 thereafter during the affordability period to document to the department that
			 units assisted with HELP funds continue to serve very low income tenants.
(3) Use agreements, inter alia,
			 may provide that a tenant household with very low income at the time of initial
			 occupancy will remain eligible despite the rise of household income and will
			 not be displaced by reason of ceasing to qualify as a very low income family or
			 person if the owner exercises reasonable efforts to lease the next available
			 similar unit in the project to a family or person of very low income.
Stat. Auth.: ORS
				  456.555
Stats. Implemented: ORS
				  456.555,
				  456.559,
				  456.625
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 130 - HELP PROGRAM › Section 813-130-0060 - Program Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
The department has developed policies and guidelines for the
				HELP program, which supplement division 120 and  24 CFR 813 . These policies and
				guidelines are contained in the HELP manual and further address application
				procedures, project eligibility, project selection criteria, financial
				assistance available, and other applicable information. Other applicable
				chapter 813 rules, department directives, and the terms of required funding
				documents also apply.
Stat. Auth.: ORS
				  456.555
Stats. Implemented: ORS
				  456.555,
				  456.559 &
				  456.625
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 130 - HELP PROGRAM › Section 813-130-0070 - Distribution of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
The department may distribute HELP funds consistent with OAR
				chapter 813 and pursuant to relevant solicitation documents including, but not
				limited to a Notice of Funding Availability ("NOFA") or as otherwise determined
				by the department.
Stat. Auth.: ORS
				  456.555
Stats. Implemented: ORS
				  456.555,
				  456.559,
				  456.625
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 130 - HELP PROGRAM › Section 813-130-0080 - Application Procedure and Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The process to obtain HELP assistance
			 typically will be spelled out in the solicitation documents issued by the
			 department. In addition to, or in lieu of formal solicitation documents, the
			 department may provide other means for accessing HELP assistance. Additional
			 direction and guidance may be found in the HELP Manual and General Manual.
(2) The department may require
			 payment of a non-refundable application charge from any applicant requesting
			 HELP funds through a formal solicitation or otherwise.
(3) The department may require payment of
			 other charges with respect to its reasonably anticipated costs in processing
			 applications, coordinating programs or with other project participants,
			 providing funding, negotiating documents, monitoring compliance, evaluating and
			 documenting transfers, or otherwise. The department may require payment of a
			 supplemental application charge from applicants requesting additional resources
			 for projects that have already been funded by the department.
(4) The department may refuse to process
			 applications or terminate processing if it determines an application to be
			 incomplete or that it fails to satisfy threshold standards for further
			 processing.
(5) An applicant shall
			 submit to the department, on the application form and in accordance with the
			 application process prescribed by the department, such information as the
			 department may require, including but not limited to:
(a) Name, address and telephone number of
			 applicant;
(b) Type of assistance
			 requested;
(c) A written
			 description of the project, including the number of units, unit mix, proposed
			 rents, site location, amenities, and any other information requested by the
			 department.
(d) A statement of
			 project purpose indicating the housing type and residents to be housed, and the
			 length of the affordability period;
(e) One or more pro formas of project income
			 and expenses;
(f) The amount of
			 funding requested and total project development costs, including a description
			 and documentation of all project funding sources and uses;
(g) A narrative of the applicant's experience
			 in developing affordable housing, including the experience of all members of
			 the project development team;
(h)
			 A narrative of the experience of the applicant's management team or agent as it
			 relates to operating affordable housing projects;
(i) A description of resident services to be
			 provided;
(j) A narrative of the
			 applicant's experience in providing resident services, including the experience
			 of any relevant project team members;
(k) A description of the applicant's
			 readiness to proceed with project activities; and
(l) A schedule for completion of project
			 activities.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 130 - HELP PROGRAM › Section 813-130-0090 - Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An application
			 for assistance from the HELP program is subject to the department's evaluation
			 and approval or disapproval according to criteria in the solicitation documents
			 or otherwise that may include, but are not limited to the following:
(a) The amount of available funds in the HELP
			 program;
(b) The availability of
			 other sources of assistance;
(c)
			 The applicant's efforts to leverage other public or private funds;
(d) Whether the project is financially
			 feasible and the financial strength and history of the prospective recipient;
(e) The location of the project
			 site, including its proximity to transportation, shopping, social, commercial
			 and recreational facilities, medical services and such other facilities and
			 services that best serve the residents;
(f) Availability of street, sewer, water,
			 utilities and other public services;
(g) Architectural design, including aesthetic
			 quality, soundness of construction, energy efficiency, and suitability to the
			 needs of the residents to be served;
(h) Whether or not the project will include
			 fee ownership of the real property;
(i) Compliance with applicable local
			 comprehensive plan and land use regulations, housing codes and other applicable
			 standards;
(j) Market demand;
(k) The target population to be
			 served;
(l) The experience of the
			 developer, contractors, architects, consultants and management agent in
			 developing, constructing and operating housing projects;
(m) The department's experience with and the
			 reputation, experience, capacity, legal history and status of the applicant and
			 its agents, representatives, employees and contractors;
(n) Whether the project in comparison to
			 others best achieves the purposes of the HELP program; and
(o) Other factors that the department
			 determines to be relevant including, but not limited to any evaluation criteria
			 in the solicitation documents, HELP Manual, General Manual, or otherwise.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 130 - HELP PROGRAM › Section 813-130-0100 - Form of Assistance; Documentation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department may provide HELP funds in
			 the form of a grant or a loan, or a combination of both. Loan rates and terms,
			 if applicable shall be determined by the department based on a project's needs
			 and cash flow, other funding resources, market conditions and an applicant's
			 capacity to repay HELP funds. Preference will be given to those applicants
			 requesting loans that show sufficient project cash flow to repay the loan. The
			 department normally will notify an applicant in a written reservation letter as
			 to the amount and form of HELP assistance, if any, to be provided, together
			 with notable conditions. Such reservation commitments remain subject to
			 department rules, solicitation requirements, applicable law, and the
			 negotiation, execution and recording (if required) of documents satisfactory to
			 the department.
(2) Each recipient
			 shall, inter alia, execute a use agreement, containing such terms regarding
			 fees, interest rates, repayment terms, performance criteria, reporting
			 requirements, restrictive covenants, and other terms as the department or HUD
			 considers appropriate or necessary for the type and use of assistance provided.
			 Each use agreement must be:
(a) (If the
			 recipient owns the project property at the time of disbursement) recorded as an
			 encumbrance on the project property before any HELP funds are advanced; or
(b) If the recipient does not own
			 the project property at the time of disbursement HELP funds, at the discretion
			 of the department, may be placed in escrow in an escrow account established by
			 the recipient satisfactory to the department, and subject to such further
			 conditions as the department may require, including the recording of
			 restrictive covenants running with the project property for the applicable
			 affordability period with appropriate lien priority and taking effect upon
			 close of escrow.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 130 - HELP PROGRAM › Section 813-130-0110 - General Administrative and Monitoring Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department and HUD may perform such
			 reviews or field inspections, including review and copying of documents, as
			 they deem appropriate, inter alia, to ensure program compliance. Project owners
			 must cooperate reasonably with all reviews and field inspections. The
			 department and HUD may require that a recipient take such remedial actions as
			 they determine to be appropriate.
(2) Financial records, supporting documents,
			 and all other pertinent records shall be retained by a project owner for five
			 years after the project affordability period is complete, or after any
			 litigation or audit claim is resolved, whichever is later. The department, HUD,
			 the Inspector General, the General Accounting Office, the Oregon Secretary of
			 State and their representatives shall have access to all books, accounts,
			 documents, records and other property belonging to or in use by the recipient
			 and project owner that relate to the use of HELP funds.
Stat. Auth.: ORS
				  456.555
Stats. Implemented: ORS
				  456.555,
				  456.559,
				  456.625
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 130 - HELP PROGRAM › Section 813-130-0120 - 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 solicitation or funding
			 documents, applicable rules, directives, other program requirements, or
			 otherwise, it may exercise any remedy available to it under OAR chapter 813
			 (including, but not limited to the HELP Manual and General Manual), relevant
			 solicitation or funding documents, or applicable law. Remedies include, but are
			 not limited to corrective orders or directives, rescission, termination of
			 funding, recoupment of HELP funds and other department funding already
			 disbursed with respect to a project - including with applicable interest,
			 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) A material
			 default has occurred, inter alia, if:
(a) The
			 recipient or project owner has not commenced any significant aspect of the
			 project activities within six months after the award of project funding;
(b) The recipient or project owner
			 has not entered into any necessary third party agreement related to the project
			 within ninety (90) days of the award of project funding;
(c) The recipient or project owner has used
			 HELP funds for activities not approved in these rules, solicitation or funding
			 documents, or other HELP program requirements;
(d) The recipient or project owner has not
			 completed activities required by these rules, solicitation or funding
			 documents, or other HELP program requirements in a timely manner;
(e) The recipient or project owner has not
			 complied with any and all affordability, habitability and monitoring compliance
			 obligations required in these rules, solicitation or funding documents, or
			 other HELP program requirements; or
(f) The recipient or project owner lacks
			 continued capacity to carry out any and all obligations under these rules,
			 solicitation or funding documents, or other HELP program requirements.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 130 - HELP PROGRAM › Section 813-130-0150 - Transfer of Recipient, Assistance or Ownership; Subordinate Liens; Encumbrances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 recipient of assistance under the HELP program or owner of a project for which
			 such assistance is provided may not transfer or allow any transfer of any
			 interest in itself, the assistance or the project, allow a subordinate lien or
			 otherwise encumber the project, or any portion or interest therein, unless the
			 department first approves the transfer, subordinate lien or encumbrance in
			 writing. Any such transfer is subject the payment to the department of a
			 transfer charge as established by the department. If the recipient effects or
			 allows a transfer, subordinate lien or encumbrance without prior written
			 approval by the department, the transfer, subordinate lien or encumbrance is
			 voidable and remains subject to the approval or disapproval of the department
			 and the recipient or owner responsible for allowing the transfer, subordinate
			 lien or encumbrance and any transferees, jointly and severally, are subject to
			 a charge by the department with respect to its review and treatment of any such
			 event.
(2) The department may
			 condition its approval upon such terms and conditions as it, in its sole
			 discretion, may require. Factors the department may consider in determining
			 whether or not to give approval to a transfer, subordinate lien or encumbrance
			 include, but are not limited to:
(a) The
			 financial investment of the department in the project;
(b) Preservation of existing housing;
(c) The transferee's ability to
			 maintain and manage the project for the needs of the residents, the integrity
			 of the housing and as security for the assistance;
(d) The effect of the transfer, subordinate
			 lien or encumbrance upon the financial integrity of the project, repayment of
			 the assistance, use of the project for its intended purposes, and continuity of
			 the program; and
(e) Continued
			 compliance with applicable state and federal laws, rules and
			 regulations.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 135 - LOCAL INNOVATION AND FAST TRACK (LIFT) › Section 813-135-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The rules of OAR chapter 813, division 135, are promulgated to
				carry out the provisions and enforce ORS
				458.480 through
				458.490 These rules implement the Local Innovation and Fast Track (LIFT) Housing
				Program. The program's objective is to expand the state's supply of affordable
				housing for low-income households. The program will assist and encourage the
				development of affordable housing units for low-income households through the
				allocation of proceeds from Article XI-Q General Obligation bonds.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  456.515  - 456.725 & ORS
				  458.480-458.490
Statutes/Other Implemented: ORS
				  456.559(1)(f)