reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 55 - GENERAL HOUSING ACCOUNT › Section 813-055-0075 - Distribution and Expenditure of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department may distribute GHAP funds
			 pursuant to relevant solicitation documents including, but not limited to the
			 Oregon Centralized Application (ORCA), or otherwise under this division, and
			 pursuant to relevant funding documents.
(2) Distribution of GHAP funds, whether for
			 multifamily affordable housing development or affordable housing capacity
			 building is subject to a general formula developed by the department that
			 provides for an equitable distribution of resources statewide over time based
			 on objective measures of need, including, but not limited to:
(a) The number and percentage of low and very
			 low-income households in an area;
(b) The estimated need for affordable housing
			 as determined by the department and the Housing Stability Council;
			 and
(c) The need of GHAP Capacity
			 Building-eligible entity to build its capacity to develop and operate housing
			 serving low- and very- low-income populations.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 55 - GENERAL HOUSING ACCOUNT › Section 813-055-0075 - Distribution and Expenditure of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department may distribute GHAP funds
			 pursuant to relevant solicitation documents including, but not limited to a
			 NOFA, or otherwise under this division, and pursuant to relevant funding
			 documents.
(2) Distribution of GHAP
			 funds, whether for multifamily affordable housing development or affordable
			 housing capacity building is subject to a general formula developed by the
			 department that provides for an equitable distribution of resources statewide
			 over time based on objective measures of need, including, but not limited to:
(a) The number and percentage of low and very
			 low-income households in an area;
(b) The estimated need for affordable housing
			 as determined by the department and the Housing Stability Council;
			 and
(c) The need of a nonprofit,
			 tribe, local government as defined in ORS
			 197.015, or housing authority to
			 build its capacity to develop and operate housing serving low- and very-
			 low-income populations.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 55 - GENERAL HOUSING ACCOUNT › Section 813-055-0085 - Charges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant
			 requesting General Housing Account funds shall pay an application fee or charge
			 as may be required by the department.
(2) An applicant or owner of a multifamily
			 affordable housing development project that receives GHAP assistance shall pay
			 a monitoring fee or charge as may be required by the department.
(3) The applicant or owner of a project that
			 receives GHAP assistance shall pay such other charges with respect to the
			 department's anticipated costs and expenses of administration as the department
			 may require.
Stat. Auth.: ORS
				  456.555,
				  458.665
Stats. Implemented: ORS
				  456.515 to
				  456.725,
				  458.665
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 55 - GENERAL HOUSING ACCOUNT › Section 813-055-0095 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  456.555,
				  458.665
Stats. Implemented: ORS
				  456.515 -
				  456.725,
				  458.665
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 55 - GENERAL HOUSING ACCOUNT › Section 813-055-0105 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  456.555,
				  458.665
Stats. Implemented: ORS
				  456.515 -
				  456.725,
				  458.665
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 55 - GENERAL HOUSING ACCOUNT › Section 813-055-0115 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  456.555,
				  458.665
Stats. Implemented: ORS
				  456.515 -
				  456.725,
				  458.665
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 60 - DISABLED HOUSING PROGRAM › Section 813-060-0005 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
OAR chapter 813, division 60, is promulgated to carry out the
				provisions of ORS 456.515 to
				456.720, specifically
				456.515 through
				456.547, as they pertain to the
				administration by the Housing and Community Services Department (Department) of
				the Disabled Housing Program. These rules and the related determinations and
				orders of the Department constitute the Department's Disabled Housing Program.
				The purpose of the Program is to provide funds to finance the construction,
				rehabilitation and acquisition of multifamily housing for disabled persons in
				the State of Oregon, while providing sufficient safeguards to protect the
				financial interests of the state.
Stat. Auth: ORS
				  456.555
Stats. Implemented: ORS
				  456.555 &
				  456.625
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 60 - DISABLED HOUSING PROGRAM › Section 813-060-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All terms are
			 used in OAR chapter 813, division 60, as defined in the Act and as provided in
			 813-005-0005  and herein.
(2) As
			 used in these rules unless otherwise indicated by the context:
(a) "Disabled Housing Program" or "Program"
			 means the program established under ORS 465.539.
(b) "Disabled Housing Project" or "Project"
			 means housing containing more than one living unit for Disabled Persons and
			 their family members and such other persons who reside therein to maintain the
			 housing or provide services or companionship for Disabled Persons, but not
			 providing continuous nursing care.
(c) "Disabled Person" means a Person who has
			 a physical or mental impairment that substantially limits one or more Major
			 Life Activity.
(d) "Gross 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 date of certification of income, in accordance with the U.S.
			 Department of Housing and Urban Development (HUD) in  24 CFR 813.
(e) "Major Life Activity" includes but is not
			 limited to self-care, ambulation, communication, transportation, education,
			 socialization, employment and ability to acquire, rent or maintain
			 property.
(f) "Multifamily Housing"
			 means a structure or facility which provides more than one living unit, and may
			 provide spaces for common use by the occupants in social and recreational
			 activities including, but not limited to, individual living units within such
			 structures, mobile home and manufactured dwelling parks and residential
			 facilities licensed under ORS
			 443.400 to
			 443.455 and other congregate
			 care facilities with or without domiciliary care.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 60 - DISABLED HOUSING PROGRAM › Section 813-060-0020 - Form of Loan Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall make loans to Borrowers under the terms of written
			 Commitments.
(2) Loans shall be
			 made directly with proceeds from the issuance of Bonds or other available funds
			 obtained by the Department. The Department shall establish charges and interest
			 rates based upon:
(a) The cost of borrowing
			 through Bond issuance;
(b) The
			 funds required to carry out the Disabled Housing Program; and
(c) Such other factors as the Department
			 considers appropriate or necessary.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 60 - DISABLED HOUSING PROGRAM › Section 813-060-0025 - Loan Security

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding any other provision contained in the Program
				rules, the Department shall not disburse funds for a loan until:
(1) The loan is secured by a fully executed
			 trust deed note and first lien trust deed or other evidence of security;
			 and
(2) The Eligible Borrower has
			 satisfied all conditions contained in a Commitment.
Stat. Auth.: ORS
				  456.555
Stats. Implemented: ORS
				  456.555 &
				  456.625
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 60 - DISABLED HOUSING PROGRAM › Section 813-060-0030 - Eligible Disabled Housing Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department shall evaluate each
			 Project for consistency with the Department's interpretation of sound
			 architectural design and prudent underwriting standards, as established in OAR
			 813-060-0031.
(2) In order to
			 qualify for a loan, a Project shall:
(a) Be
			 approved by the Department with respect to site; location; market demand;
			 financial feasibility; qualifications of general contractor, management agent,
			 and developer; appraisal; financial strength and credit a worthiness of the
			 Eligible Borrower; management plan; final architectural package; Eligible
			 Borrower's organizational documents; American Land Title Association (ALTA)
			 title report; and any other information the Department shall require;
(b) Meet all applicable federal, state and
			 local land use and zoning requirements, housing codes, licensing, and similar
			 requirements;
(c) Be in compliance
			 with federal regulations, state statutes and Program rules;
(d) Be located in the State of Oregon;
			 and
(e) Remain affordable in terms
			 of the loan documents.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 60 - DISABLED HOUSING PROGRAM › Section 813-060-0031 - Standard Underwriting Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
In approving or disapproving any loan application, the
				Department and the State Housing Council shall consider, in addition to
				requirements elsewhere stated in the Program rules, the following
				criteria:
(1) 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 as shall best serve the prospective
			 residents;
(2) Financial
			 feasibility of the Project;
(3)
			 Availability of street, sewer, water, utilities and other public
			 services;
(4) Availability of
			 public and private transportation;
(5) Architectural design, including aesthetic
			 quality, soundness of construction, energy efficiency, and suitability to the
			 needs of the residents to be served;
(6) Compliance with applicable local
			 comprehensive plan and land use regulations;
(7) Market demand;
(8) The financial strength, credit reputation
			 and history of the Eligible Borrower; and
(9) The experience of the developer,
			 contractors, architects, consultants and management agent in developing,
			 constructing and operating housing projects.
Stat. Auth.: ORS
				  456.555
Stats. Implemented: ORS
				  456.555 &
				  456.625
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 60 - DISABLED HOUSING PROGRAM › Section 813-060-0032 - Manufactured Dwelling Park Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To qualify as a Manufactured Dwelling
			 Park, the Project shall comply with the following standards and conditions:
(a) Site, design and licensing standards of
			 the local government;
(b)
			 Regulations of the Building Codes Division, State of Oregon, OAR 918-600-0010  to 918-600-0110;
(c) All
			 manufactured dwellings shall have skirting, unless the home is set on a ground
			 level foundation. If the manufactured dwelling is purchased after September 4,
			 1984, the design, color and texture of the skirting shall appear to be an
			 integral part of the adjacent exterior wall of the manufactured
			 dwelling;
(d) All manufactured
			 dwellings purchased after September 4, 1984, shall have a roof with a
			 non-reflective surface at a minimum slope of two inches in 12 inches (16
			 percent);
(e) The area occupied by
			 the manufactured dwelling and any accessory buildings (including porches,
			 carports, etc.) shall not exceed 40 percent of the lot area; and
(f) All manufactured dwellings shall be
			 installed in compliance with the State of Oregon, Building Codes Division
			 regulations. Installation inspections shall be completed by the Building Codes
			 Division, or by a city or county which has contracted to do the inspections. A
			 copy of the final inspection report shall be submitted to the Department
			 together with a copy of a certificate of occupancy.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 60 - DISABLED HOUSING PROGRAM › Section 813-060-0036 - Interim Loans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may from time to time make available funds for construction, acquisition and/or
			 rehabilitation, or other financing of Disabled Projects, for a term not to
			 exceed five years.
(2)
			 Notwithstanding any other requirements of OAR chapter 813, division 060, the
			 Department may, as funds are available, solicit applications for the use of
			 such funds. Application shall specify in writing any terms and conditions of
			 the available funds, as well as criteria or priorities the Department shall use
			 to evaluate and select applications for funding.
(3) The Department shall evaluate application
			 received in accordance with Program policies and priorities approved by the
			 State Housing Council, and with applicable requirements of OAR chapter 813,
			 division 60.
Stat. Auth.: ORS
				  90.800 -
				  90.840,
				  91.886,
				  456.515-456.723,
				  458.210 -
				  458.650
Stats. Implemented: ORS
				  456.515 -
				  456.720
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 60 - DISABLED HOUSING PROGRAM › Section 813-060-0038 - Approved Housing Borrowers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 To be eligible to receive a loan, an Eligible Borrower shall comply with the
			 terms contained in the Commitment issued by the Department and the conditions
			 of eligibility as set forth in these rules.
(2) Any entity may apply to become an
			 Eligible Borrower.
(3) To help the
			 Department evaluate the financial strength of an Eligible Sponsor Borrower to
			 develop, own, maintain and manage a Project, the Eligible Borrower shall submit
			 financial statements, credit reports and any other documents requested by the
			 Department in accordance with the provisions of the Equal Credit Opportunity
			 Act as it relates to the Department.
Stat. Auth.: ORS
				  456.555
Stats. Implemented: ORS
				  456.555,
				  456.625
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 60 - DISABLED HOUSING PROGRAM › Section 813-060-0040 - Processing Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before
			 accepting a project for the application process, the prospective Borrower shall
			 submit an application to the Department on forms acceptable to the Department.
			 If the Project meets the Program requirements, an application conference with
			 the prospective Borrower shall be scheduled. At the conference, the Department
			 may discuss, but is not limited to discussing:
(a) Type of loan requested;
(b) Type and formation of prospective
			 Borrower's company (sole proprietorship, partnership, corporation, nonprofit,
			 etc.) and qualifications;
(c)
			 Requested of loan amount, terms and interest rate;
(d) Any time constraints on prospective
			 Borrower or Department;
(e)
			 Charges;
(f) Reserve and equity
			 requirements;
(g) Debt service
			 ratio and other contingency requirements:
(h) Appraisal requirements;
(i) Environmental survey(s);
(j) Contractor's cost estimate and
			 qualifications;
(k) Management and
			 maintenance plans;
(l) Project
			 management requirements, reports, and qualifications;
(m) Loan servicing requirements and
			 procedures;
(n) Design and related
			 requirements;
(o) Document
			 requirements;
(p) Construction
			 procedures;
(q) Department Loan
			 processing procedures;
(r)
			 Eligibility requirements under federal and state law and regulation;
(s) Site Control;
(t) Reserves and costs for Bond issue;
			 and
(u) Any other items pertinent
			 to the proposed Project.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 60 - DISABLED HOUSING PROGRAM › Section 813-060-0044 - Loan Closing

Current through Register Vol. 63, No. 7, July 1, 2024
Before the loan closing takes place, the Department shall
				provide the escrow officer written instructions for closing the loan. The
				Department shall not authorize disbursement of loan funds until all conditions
				of the Commitment are satisfied and the Department has approved. The following
				closing documentation may be required:
(1) Cost certification;
(2) Certificate or policy of insurance for
			 fire and extended coverage, liability, business income and flood insurance (if
			 applicable), with the appropriate loss deductible. All insurance coverage shall
			 be in the amounts set forth in the Department's Regulatory Agreement and
			 Declaration of Restrictive Covenants;
(3) Contingency Escrow Account;
(4) Notice of Completion;
(5) Certificate of occupancy or final
			 inspection report from the local government, as required;
(6) Commercial leases, if
			 applicable;
(7) Ground leases, if
			 applicable;
(8) All other relevant
			 leases, if applicable;
(9) Tax
			 abatement approval;
(10) American
			 Land Title Association (ALTA) mortgagee's preliminary title insurance report
			 from the title company of the Sponsor's Borrower's choice;
(11) Any licenses required by the
			 state;
(12) For Acquisition Loans:
(a) Certification of completion of work on
			 repairs from the general contractor and owner.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 60 - DISABLED HOUSING PROGRAM › Section 813-060-0045 - Resident Eligibility and Occupancy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be eligible to occupy a Project, a household shall:
(a) Be a Resident of the state;
(b) At least one member of the household must meet the definition of Disabled Person as provided in OAR 813-060-0010;
(c) Have an annualized Gross Household Income which does not exceed the income limit as established by the Department from time to time in compliance with the Act;
(d) The project shall conform to the maximum income requirement of ORS 456.620(4). A maximum of one-third of the units in a housing project, housing development or other residential housing financed by the Department may be rented to households with an income level exceeding 120 percent of the median family income level as determined by the Department.
(e) Relating specifically to acquisition/rehabilitation projects only, where tenants already reside in the project, the Department, at its sole discretion, may allow up to a one (1) year grace period for implementation of the standards identified in subsection (d) above in order to reduce the impact of displacement for over-income residents.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 60 - DISABLED HOUSING PROGRAM › Section 813-060-0047 - Commitment Fee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 shall charge a nonrefundable Commitment fee up to two percent of the loan
			 amount.
(2) The Eligible Borrower
			 shall include the fee with the Sponsor's Eligible Borrower's signed acceptance
			 of the Commitment returned to the Department.
(3) The Department may charge other fees or
			 charges, as needed, to cover the costs and reduce the financial risk to the
			 Department of issuing Bonds.
Stat. Auth.: ORS
				  456.555
Stats. Implemented: ORS
				  456.555 &
				  456.625
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 60 - DISABLED HOUSING PROGRAM › Section 813-060-0055 - Loan Servicing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 servicing of loans shall be performed by servicer(s) selected by the
			 Department. Servicing, unless performed by the Department itself, shall be
			 conducted under the terms and conditions contained in a servicing agreement
			 entered into between the Department and any Approved Servicer. The Department
			 shall prescribe the form of the servicing agreement. The Approved Servicer
			 shall:
(a) Promptly collect all payments due
			 under the Loan Agreement and Regulatory Agreement and Declaration of
			 Restrictive Covenants;
(b) Provide
			 the Department with a monthly accounting of loan payments and
			 disbursements;
(c) Ensure that
			 escrow account balances are maintained at a level sufficient for the payment of
			 the Project's property taxes, insurance premiums and costs of replacement as
			 they become due and payable;
(d)
			 Forward payments to the Department according to the provisions of the servicing
			 agreement;
(e) Forward payments for
			 insurance premiums to the insurance company when due;
(f) Forward payments for property taxes to
			 the county assessor when due;
(g)
			 Assure that all improvements on the mortgaged premises are kept insured against
			 fire and extended coverage, casualty, liability and business income loss in
			 accordance with the Loan Agreement and Regulatory Agreement and Declaration of
			 Restrictive Covenants;
(h) Provide
			 the Borrower with regular analyses of servicing accounts; and
(i) Perform such other responsibilities as
			 the Department may prescribe.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 60 - DISABLED HOUSING PROGRAM › Section 813-060-0056 - Change of Approved Servicers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The servicing agreement may be terminated or amended as provided in the
			 servicing agreement or these rules.
(2) The Department may direct a change of
			 Approved Servicers at any time consistent with the terms of the servicing
			 agreement and these rules.
Stat. Auth.: ORS
				  456.555
Stats. Implemented: ORS
				  456.555 &
				  456.625
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 60 - DISABLED HOUSING PROGRAM › Section 813-060-0061 - Transfer of Ownership

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) A Sponsor Borrower who has received a
			 loan or Commitment from the Department shall not transfer ownership, lease, or
			 otherwise encumber any property which serves or will serve as security for a
			 loan from the Department without prior written approval from the
			 Department.
(b) The Borrower shall
			 be required to submit underwriting documentation as requested by the
			 Department.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 60 - DISABLED HOUSING PROGRAM › Section 813-060-0062 - Loan Prepayments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is
			 the general policy of the Department not to accept prepayments. The Department
			 may, however, permit a prepayment if, in its sole discretion, the Department
			 determines that the prepayment is consistent with the best interests of the
			 Department, including its public purpose as defined in ORS
			 456.550.
(a) The Borrower must submit to the
			 Department a written request for prepayment at least 90 days prior to the
			 Borrower's estimated prepayment date;
(b) The Department may charge the Borrower a
			 prepayment review charge to cover the Department's cost of review and
			 processing the prepayment request.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 60 - DISABLED HOUSING PROGRAM › Section 813-060-0065 - Disposal of Department-Owned Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may transfer ownership of
			 Department-owned Projects through sale, gift or other lawful manner to a Person
			 or Persons whom the Department determines best meets the requirements of this
			 Program. The Department shall establish written procedures for selling a
			 Project prior to any offering of such Project, as applicable.
(2) The method of transfer of ownership,
			 timing, price, terms and any other factors pertinent to the transfer of
			 ownership shall be effected by the Department in a manner continuity of the
			 Department's rental programs. Factors the Department may consider include, but
			 are not limited to:
(a) The financial
			 investment of the Department in the Project:
(b) Preservation of existing rental
			 housing:
(c) Proposed Eligible
			 Borrower's ability to manage, market, maintain and protect property used as
			 security for the loan made by the Department, if applicable:
(d) Proposed Eligible Borrower's capacity to
			 preserve or improve upon the property's safety, sanitation, durability and
			 livability:
(e) Proposed Eligible
			 Borrower's ability to preserve units which are affordable and suitable to the
			 needs of the residents:
(f)
			 Continued compliance with state or federal laws, rules or regulations, as
			 applicable to the financing or use of the Project.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 60 - DISABLED HOUSING PROGRAM › Section 813-060-0070 - Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may waive or modify any requirements of OAR 813,
				division 060, unless such waiver or modification would violate applicable
				federal or state statutes or regulations.
Stat. Auth.: ORS
				  456.515 -
				  456.720
Stats. Implemented: ORS
				  456.555
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 65 - MANUFACTURED DWELLING PARKS AND MARINAS › Section 813-065-0102 - Notification and Delivery of Notification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All notices provided in this division
			 must be provided in writing and delivered by first class mail.
(2) Notification to the Department shall be
			 delivered to the Manufactured Housing and Marina Community Resource Center
			 ("MMCRC"). The MMCRC address can be found on the MMCRC website.
(3) The notice shall be considered served
			 three days after the date that the notice was mailed.
Statutory/Other Authority: ORS
				  90.643 - ORS
				  90.850
Statutes/Other Implemented: ORS
				  90.650
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 65 - MANUFACTURED DWELLING PARKS AND MARINAS › Section 813-065-0103 - Required Notification of Intent to Sell Manufactured Home Park or Marina Community

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Facility
			 owner(s) and landlord's agent(s) shall deliver written notification of their
			 intent to place the facility for sale no less than 15 calendar days prior to
			 publicly marketing the facility for sale or 10 calendar days from the date the
			 facility owner(s) or landlord's agent(s) has received an offer to purchase the
			 facility, whichever comes first, to:
(a) All
			 tenants and facility owner(s) of manufactured homes or floating homes within
			 the facility;
(b) The tenant's
			 committee, if a tenant's committee exists, and with which the facility owner(s)
			 or landlord's agent(s) has formally met within the calendar year immediately
			 preceding delivery of the notice;
(c) The Department's MMCRC.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 65 - MANUFACTURED DWELLING PARKS AND MARINAS › Section 813-065-0104 - Required Notification Conveyance/Transfer of Facility Deed

Current through Register Vol. 63, No. 7, July 1, 2024
Facility owner(s) or landlord's agent(s) must deliver both
				written notification of any sale or other transfer or exchange of deed of a
				facility, per ORS 90.849, to the Department, and
				written notification of any sale or other transfer or exchange of deed of a
				facility, per ORS 90.849, to tenants and tenant
				committees including the required information under ORS
				90.849 within 14 calendar days
				after conveyance, transfer, or the exchange of deed has been officially
				recorded.
Statutory/Other Authority: ORS
				  90.650 & ORS
				  446.543
Statutes/Other Implemented: ORS
				  446.543 & ORS
				  90.645
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 65 - MANUFACTURED DWELLING PARKS AND MARINAS › Section 813-065-0100 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR 813 Division 65 is to carry out the
				statutory requirements outlined in ORS
				90.643 through ORS
				90.850 for notices and payments
				that facility owner(s) of facilities, as defined by ORS
				90.100 to mean manufactured
				dwelling parks or marinas, must give to tenants and to the Department when a
				facility is closed, placed or considered for sale, sold, or the deed to the
				facility is transferred. Unless the context indicates otherwise or the term is
				otherwise defined, all terms in this Division are defined in OAR 813-005-0005 and ORS 90.100.
Statutory/Other Authority: ORS
				  90.650 & 446.543
Statutes/Other Implemented: ORS
				  90.645,
				  90.650 &
				  446.543
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 65 - MANUFACTURED DWELLING PARKS AND MARINAS › Section 813-065-0120 - Facility Closure Notice When Closure is Required by Eminent Domain or Government Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a facility
			 or a portion of the facility that includes the space for a manufactured
			 dwelling is to be closed under ORS
			 90.645(9), the
			 facility owner(s) or landlord's agent(s) of the facility shall provide at least
			 the following information to the tenants of the facility or the affected
			 portion of the facility, as applicable:
(a)
			 The information required by ORS
			 90.645(9);
(b) The facility owner(s) or landlord's
			 agent(s)' address for contact and communications;
(c) The actions and activities the facility
			 owner(s) or landlord's agent(s) plans to take in the facility closure that may
			 affect the facility tenants;
(d) A
			 copy of ORS 90.645 and of this OAR chapter
			 813, division 008, and the definitions in ORS
			 90.100 for "facility owner(s) or
			 landlord's agent(s)," "manufactured dwelling," "manufactured dwelling park,"
			 month to month tenancy," "rental agreement" and "tenant"; and
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 65 - MANUFACTURED DWELLING PARKS AND MARINAS › Section 813-065-0130 - Park Closure Notice When Local Laws are More Stringent

Current through Register Vol. 63, No. 7, July 1, 2024
When an ordinance, rule or other local law regulating facility
				closures or partial closures adopted by a local government continues to apply
				to a facility under ORS
				90.660, if the local law
				provides greater rights or protections for a tenant than are provided by ORS
				90.645, the facility owner(s) or
				landlord's agent(s) shall do the following:
(1) Modify the notice required to be
			 furnished to tenants by ORS
			 90.645 and either OAR
			 813-065-0110  or 813-065-0120  as applicable, so that the notice explains the
			 greater rights or protections under the local law and retains material that is
			 otherwise required and applicable, or give the notice required under the local
			 law and include all material in the notice required by section (1) of this rule
			 that remains applicable.
(2)
			 Include with the notice a copy of the local law that applies.
Statutory/Other Authority: ORS
				  90.650 & 446.403
Statutes/Other Implemented: ORS
				  90.645 &
				  90.650
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 65 - MANUFACTURED DWELLING PARKS AND MARINAS › Section 813-065-0140 - Copy of Park Closure Notice to Department; Tenant Contacts

Current through Register Vol. 63, No. 7, July 1, 2024
When a facility owner(s) or landlord's agent(s) gives notice of
				closure of a facility to tenants of the park as required by OAR 813-065-0110,
				813-065-0120  or 813-065-0130, the facility owner(s) or landlord's agent(s)
				shall also furnish all of the following to the Department:
(1) A copy of the entire notice given to the
			 tenants. The copy must include copies of any accompanying statutes, rules and
			 local laws, except that instead of the statutes and rules, the facility
			 owner(s) or landlord's agent(s) may provide specific statute and rule number
			 citations. If the facility owner(s) or landlord's agent(s) gives notices with
			 differing content to different categories of tenants, the facility owner(s) or
			 landlord's agent(s) shall furnish to the Department a copy of each such notice
			 given. If local laws apply under OAR 813-008-0130, the landlord shall also
			 furnish a copy of the applicable local laws.
(2) A list of the names of all tenants to
			 whom the facility owner(s) or landlord's agent(s) gave the notice, with contact
			 information for each tenant that includes the tenant's address, space number
			 and phone number.
Statutory/Other Authority: ORS
				  90.650 & 446.403
Statutes/Other Implemented: ORS
				  90.645 &
				  90.650
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 65 - MANUFACTURED DWELLING PARKS AND MARINAS › Section 813-065-0150 - Notice of Tax Credit Eligibility Upon Closure of Park; Sample Form

Current through Register Vol. 63, No. 7, July 1, 2024
For the notice of tax credit and right to appeal that a
				facility owner(s) or landlord's agent(s) of a facility is required by ORS
				90.650 to give to a tenant when
				a facility is closed, the MMCRC establishes the sample form designated for the
				notice on the Department's website. The sample form is also available upon
				request from the Department.
Statutory/Other Authority: ORS
				  90.650
Statutes/Other Implemented: ORS
				  90.645 &
				  90.650
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 65 - MANUFACTURED DWELLING PARKS AND MARINAS › Section 813-065-0210 - Facility Closure Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 a facility owner(s) or landlord agent(s) is required by ORS
			 90.671(1) to
			 give a tenant written notice of termination of a rental agreement because the
			 facility or portion of a facility is closing and the land or leasehold is being
			 converted to a different use, the facility owner(s) or landlord agent(s) shall
			 provide at least the following information in the notice:
(a) The facility owner(s) or landlord
			 agent(s) address for contact and communications;
(b) The firm date set for the closure of the
			 facility or of the relevant portion of the facility;
(c) The actions and activities the facility
			 owner(s) or landlord agent(s) plans to take in the closure that may affect the
			 facility tenants;
(d) The facility
			 owner(s) or landlord agent(s)' obligations under ORS
			 90.671;
(e) The tenant's rights for a 365-day closure
			 notice or 180-day closure notice, as applicable, including the right, if any,
			 for payment of moving expenses under OAR 813-065-0240  and the eligible moving
			 expenses described in 813-065-0230;
(f) The voluntary benefits, if any, to be
			 provided to the tenant by the facility owner(s) or landlord agent(s) or
			 contracted between the parties, together with any shortened period between
			 notice and termination of the rental agreement arising therefrom;
(g) A copy of ORS
			 90.671 and OAR 813-065-0200  to
			 813-065-0240;
(h) Any definitions
			 of statutory terms used in OAR 813-065-0200  to 813-065-0240, applicable to the
			 tenant's rights under the rules; and
(i) A copy of any city or county regulations,
			 laws or ordinances that apply to tenant interests in closures of facilities
			 and, if the local regulations, laws or ordinances provide greater rights and
			 protection than are available under state law, a statement that the tenant may
			 be entitled to the greater rights and protections and a description of the
			 additional rights and protections that apply.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 65 - MANUFACTURED DWELLING PARKS AND MARINAS › Section 813-065-0220 - Alternate Facility Space

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 facility owner(s) or landlord's agent(s) shall notify the tenant, in writing,
			 of alternate space to which the tenant can move the floating home at least 45
			 days before delivering a 180-day notice of termination.
(2) The tenant may determine, solely at the
			 judgment and discretion of the tenant, if the alternate space identified in the
			 notice given under section (1) of this rule is acceptable and shall notify the
			 facility owner(s) or landlord's agent(s) in writing of the tenant's decision
			 not later than the 20th day after the tenant receives the notice.
(3) The facility owner(s) or landlord's
			 agent(s) shall secure the space acceptable to the tenant from the time of
			 acceptance until the date the relocated floating home is approved for the
			 tenant's occupancy. Costs to secure the space for this period must be included
			 in the facility owner(s) or landlord's agent(s)' paid moving
			 expenses.
Statutory/Other Authority: ORS
				  90.671
Statutes/Other Implemented: ORS
				  90.671
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 65 - MANUFACTURED DWELLING PARKS AND MARINAS › Section 813-065-0230 - Moving and Set Up Expenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The facility owner(s) or landlord's agent(s) shall pay or reimburse actual
			 moving and set-up expenses, as agreed by the facility owner(s) or landlord's
			 agent(s) and the tenant, for moving the tenant's floating home, together with
			 all possessions. Eligible expenses include, but are not limited to:
(a) Costs for disconnecting and reconnecting
			 utilities, including fees related thereto;
(b) Costs for disconnecting and reinstalling
			 any awning or deck;
(c) Any
			 governmental fees relating to moving and inspecting the floating
			 home;
(d) Costs of moving the
			 floating home;
(e) Set-up
			 charges;
(f) Costs for floating
			 home improvements necessary to meet destination marina space
			 standards;
(g) Costs for packing
			 and unpacking contents of the floating home as necessary for relocation of an
			 elderly or disabled person;
(h)
			 Costs for temporary housing and meals for the tenant during relocation and set
			 up; and
(i) Facility owner(s) or
			 landlord's agent(s) expenses to secure the relocation space from the time of
			 tenant acceptance until the date the relocated floating home is approved for
			 occupancy.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 65 - MANUFACTURED DWELLING PARKS AND MARINAS › Section 813-065-0240 - Payment of Expenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 tenant and facility owner(s) or landlord's agent(s) shall agree in writing upon
			 the moving and set-up method and the source of services to be provided for the
			 method not less than the 20th day before the tenant's required moving
			 date.
(2) The facility owner(s) or
			 landlord's agent(s) shall timely pay unpaid billings directly to the vendor and
			 shall reimburse the tenant for appropriate expenses paid directly by the tenant
			 if the tenant submits billings or paid receipts for the expenses within ten
			 days after receiving the billings or receipts. The facility owner(s) or
			 landlord's agent(s) shall reimburse the tenant not later than the 20th day
			 after the tenant submits the billings or receipts.
(3) The facility owner(s) or landlord's
			 agent(s) may contract directly with vendors for the tenant's move if the
			 services are mutually agreed upon in writing by the facility owner(s) or
			 landlord's agent(s) and tenant and are performed by appropriately registered or
			 licensed and bonded personnel.
(4)
			 If the facility owner(s) or landlord's agent(s) and tenant do not reach an
			 agreement in a timely manner prior to the tenant's required moving date, the
			 facility owner(s) or landlord's agent(s) shall timely reimburse the tenant for
			 appropriate moving and set-up expenses consistent with this rule.
Statutory/Other Authority: ORS
				  90.671
Statutes/Other Implemented: ORS
				  90.671
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 66 - MANUFACTURED DWELLING REPLACEMENT PROGRAM › Section 813-066-0005 - Purpose and Objective

Current through Register Vol. 63, No. 7, July 1, 2024
OAR chapter 813, Division 66 accomplishes the general purpose
				of ORS 458.356 and ORS
				458.358, which authorize the
				Oregon Housing and Community Services Department ("OHCS") to develop the
				Manufactured Dwelling Replacement Program ("Program") to provide loans to
				individuals to buy and set up manufactured dwellings that replace older and
				less energy efficient manufactured dwellings and provide grants to individuals
				or entities to decommission and dispose of older, damaged, hazardous, or less
				energy efficient manufactured dwellings. The loan and grant funds are intended
				primarily to be used in combination with other financial sources to reduce the
				cost of Manufactured Dwelling Replacement Projects for low- to moderate-income
				households.
Statutory/Other Authority: ORS
				  458.356 & ORS
				  458.358
Statutes/Other Implemented: ORS
				  456.555, ORS
				  446.003, ORS
				  455.10 & ORS
				  90.100
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 66 - MANUFACTURED DWELLING REPLACEMENT PROGRAM › Section 813-066-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Terms used throughout OAR chapter 813, division 66 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) "Energy
			 Efficiency Standards" means the minimum standards of the Northwest Energy
			 Efficient Manufactured Home Program ("NEEM"), including NEEM 1.1 and NEEM 2.0
			 specifications, or the equivalent for a new Manufactured Dwelling.
(2) "Manufactured Dwelling Park" means a
			 facility for the location and use of manufactured housing, as the term
			 "manufactured housing" is used in ORS
			 456.548, whether the facility is
			 characterized as a "Mobile Home Park" or a "Manufactured Dwelling
			 Park."
(3) "Manufactured Dwelling"
			 is as defined in ORS 458.356.
(4) "Manufactured Dwelling Replacement
			 Project" means the replacement of a manufactured dwelling, with a new
			 manufactured dwelling that is reasonably similar in square foot size; the base
			 unit cost of the new, replacement manufactured dwelling; new dwelling factory
			 upgrades approved by Oregon Housing and Community Services; work required to
			 disconnect, remove, and decommission old manufactured dwellings; permits
			 required to transport both old and new manufactured dwellings; permits required
			 for siting and placement of new manufactured dwellings; delivery of new
			 manufactured dwellings; and work required by applicable city, county, or state
			 ordinance, and completed for the site preparation and placement of new
			 manufactured dwellings for occupancy.
(5) "Homeowner" means, when referring to a
			 manufactured dwelling, the person who is the registered owner or the title
			 holder of the manufactured dwelling, regardless of who owns the land the
			 manufactured dwelling is sited on.
(6) "Natural Disaster" includes any disaster
			 resulting in the declaration of a state of emergency under ORS
			 401.165 or ORS
			 401.309 for wildfires, floods,
			 tsunamis, earthquakes, or similar events, including disasters began by
			 negligent or intentional acts.
(7)
			 "Project Completion" means the new, energy efficient manufactured dwelling has
			 been sited, placed, and is move-in ready for the homeowner.
(8) "True Debt" means a debt of monetary
			 value between a lender and borrower(s) that can be verified via documentation
			 that is acceptable to the OHCS. Documentation of debt must contain loan amount,
			 repayment terms, payment history, maturity date, and confirmation of date of
			 execution of the debt instrument.
Statutory/Other Authority: ORS
				  458.356 & ORS
				  458.358
Statutes/Other Implemented: ORS
				  456.555, ORS
				  446.003, ORS
				  401.165, ORS
				  401.309, ORS
				  455.010 & ORS
				  90.100
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 66 - MANUFACTURED DWELLING REPLACEMENT PROGRAM › Section 813-066-0015 - Allocation of Funds to Approved Lenders and Program Administrators

Current through Register Vol. 63, No. 7, July 1, 2024
The Manufactured Dwelling Replacement Program is overseen by
				OHCS. At OHCS discretion, program funds may be distributed consistent with OAR
				Chapter 813 pursuant to relevant procurement documents including, but not
				limited to, a Request for Proposal (RFP) or alternative procurement method. A
				public or private entity may apply to administer program grants and loans in a
				fiduciary capacity on behalf of OHCS, provided the entity also meets any
				additional qualifications and monitoring and administration requirements set
				forth in the procurement documents.
Statutory/Other Authority: ORS
				  458.356 & ORS
				  458.358
Statutes/Other Implemented: ORS
				  456.555, ORS
				  446.003 & ORS
				  90.100
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 66 - MANUFACTURED DWELLING REPLACEMENT PROGRAM › Section 813-066-0020 - Manufactured Dwelling Replacement Loan Terms

Current through Register Vol. 63, No. 7, July 1, 2024
All loans made under this program will comply with the
				following terms and criteria in addition to any other requirements imposed by
				OHCS:
(1)
(a) The OHCS manufactured dwelling
			 replacement loan is a gap loan intended to assist in the completion of the
			 Manufactured Dwelling Replacement Project after all other financial resources
			 available to the homeowner have been utilized. There is no minimum loan amount.
			 Loans for a single-wide Manufactured Dwelling or equivalent are not to exceed
			 $100,000, and for a double-wide, loans are not to exceed $175,000. The Director
			 of the Home ownership Division may approve an increase of up to $25,000 above
			 the original loan amount when unavoidable and unexpected costs increase the
			 original completed project amount. A director increase may not exceed program
			 limits.
(b) Actual loan amount for
			 each Manufactured Dwelling Replacement Project shall be determined through a
			 process prescribed by OHCS.