reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 37 - AFFORDABLE HOUSING LAND ACQUISITION REVOLVING LOAN PROGRAM (LAP) › Section 813-037-0020 - Program Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The LAP is
			 overseen by OHCS. At OHCS's discretion, OHCS may utilize a qualifying nonprofit
			 organization to serve in a fiduciary capacity as a "program
			 administrator."
(2) OHCS or their
			 program administrator, with OHCS's approval, may provide loans to eligible
			 organizations to purchase land on which to develop affordable housing, and to
			 build facilities intended to provide supportive services to affordable housing
			 residents and low-income households in the community.
(3) 40 percent of loans made through the LAP
			 shall go to eligible organizations operating homeownership programs for
			 low-income households. If the entire 40 percent cannot be loaned for
			 homeownership programs, the remainder may be loaned for programs eligible in
			 subsection (4) of this rule. Additional guidance can be found in the LAP
			 Manual.
(4) 60 percent of loans,
			 plus any funding that was unable to be used for homeownership purposes as
			 described in subsection (3) of this rule, shall be made available to eligible
			 organizations for the purpose of affordable housing and to build facilities
			 intended to provide supportive services to affordable housing residents and
			 low-income households in the community. Additional guidance on allocations and
			 set-asides can be found in the LAP Manual.
(5) Subject to available funding, LAP loans
			 shall be made available in a manner consistent with the current application
			 process as issued by OHCS.
Statutory/Other Authority: ORS
				  456.502
Statutes/Other Implemented: ORS
				  456.502
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 37 - AFFORDABLE HOUSING LAND ACQUISITION REVOLVING LOAN PROGRAM (LAP) › Section 813-037-0025 - Application Procedure Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The process of obtaining LAP funding will
			 be specified in solicitation documents issued by OHCS, as supplemented by the
			 LAP Manual. Additional direction and guidance can be found in the LAP
			 Manual.
(2) OHCS may require
			 payment of a non-refundable application charge from any applicant requesting
			 LAP funds. If the application is not considered due to a lack of funding
			 availability, the application charge will be returned.
(3) OHCS may refuse to process applications
			 or terminate processing the application if it determines that an application is
			 incomplete or otherwise nonconforming (see LAP Manual) or if the applicant
			 fails to meet the definition of an eligible organization.
(4) Property already purchased or donated is
			 not eligible for LAP funding.
(5)
			 Property with a cost reimbursement agreement is not eligible for LAP
			 funding.
(6) Property purchased
			 from an entity with an Identity of Interest to the buyer is not eligible for
			 LAP funding. See LAP Manual for additional information.
(7) Property with option agreements or
			 purchase sale agreements are allowed to apply for LAP provided they were signed
			 less than 12 months prior to their initial application date.
(8) Property designated for renovation is not
			 eligible for LAP funding. Exceptions may be allowed for incidental buildings on
			 a case-by-case basis (for example, a maintenance or storage shed).
Statutory/Other Authority: ORS
				  456.502
Statutes/Other Implemented: ORS
				  456.502
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 37 - AFFORDABLE HOUSING LAND ACQUISITION REVOLVING LOAN PROGRAM (LAP) › Section 813-037-0030 - Award Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) There is
			 no maximum loan amount on LAP loans; however, LAP is not intended to cover 100
			 percent of site acquisition costs. The amount of any LAP loan is subject to the
			 discretion of OHCS considering factors that may include, but are not limited
			 to:
(a) the availability of LAP
			 funds;
(b) the availability of
			 other funding to the applicant;
(c)
			 the amount of affordable housing to be developed in relation to the size of the
			 loan;
(d) the timing of the
			 proposed development;
(e) the
			 capacity and past performance of the applicant in developing and managing
			 affordable housing; and
(f) the
			 need for affordable housing in the area.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 37 - AFFORDABLE HOUSING LAND ACQUISITION REVOLVING LOAN PROGRAM (LAP) › Section 813-037-0035 - Loan & Project Oversight

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Within five years of receiving a loan, a loan recipient must present OHCS with
			 an updated development plan if the development has not been completed and
			 placed into service.
(a) The development plan
			 must include a current development design, committed, and anticipated financial
			 resources dedicated to the project, and an estimated development schedule that
			 includes completion of the project within eight years.
(b) The updated development plan must be
			 substantially consistent with the original development plan.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 37 - AFFORDABLE HOUSING LAND ACQUISITION REVOLVING LOAN PROGRAM (LAP) › Section 813-037-0040 - Program or Loan Default

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OHCS may
			 deem an LAP loan to be in default when one or more of the following events
			 occur:
(a) A loan recipient does not place
			 appropriate affordable housing into service on a property acquired under this
			 section within eight years of receiving OHCS's LAP funding.
(b) The property is not used for an eligible
			 purpose as determined by OHCS.
(c)
			 Loan repayment is not made as required under the loan agreement.
(d) A loan recipient does not provide an
			 updated development plan to OHCS within five years of receiving a loan.
(e) The loan recipient otherwise
			 fails to perform in a manner consistent with the LAP or applicable loan
			 documents.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 38 - PREDEVELOPMENT LOAN PROGRAM › Section 813-038-0005 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
OAR chapter 813, division 038 is promulgated to accomplish the
				general purposes of the department's Predevelopment Loan Program (the
				"Program") as authorized in ORS
				456.515 to
				456.725. The Program is designed
				to assist in the financing of start-up costs incurred prior to the actual
				development of low-income housing projects. It is intended to facilitate the
				development of high quality, affordable housing by providing below market
				financing and flexible terms for site acquisition and typical predevelopment
				expenses. The Department has no obligation to approve any Loan or to issue a
				Commitment Letter in response to any Program application or
				otherwise.
Stat. Auth.: ORS Ch. 183,
				  456.555(2),
				  456.625(12)
Stats. Implemented: ORS
				  456.561;
				  456.574;
				  456.620;
				  456.625
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 38 - PREDEVELOPMENT LOAN PROGRAM › Section 813-038-0015 - Availability and Source of Predevelopment Loan Funds

Current through Register Vol. 63, No. 7, July 1, 2024
The Predevelopment Loan Program Funds generally are maintained
				in a Department revolving account. Funding availability, among other
				considerations, is dependent upon the number of outstanding loans at the time
				of the Program Application. The Department may provide funding on its own
				initiative or through a process which may include, but is not limited to, a
				first-come first-reviewed and approved approach or a competitive review and
				approval approach. The Department may provide a Predevelopment Loan under this
				Division from:
(1) Unrestricted cash
			 and investments of the Department made available for use as Predevelopment
			 Loans not needed for operations of the Department and not otherwise determined
			 by the Director to be a necessary and prudent reserve;
(2) Resources made available to the
			 Department for Predevelopment Loans from other institutions, including, but not
			 limited to, Federal Home Loan Bank, Fannie Mae, or other lending
			 institutions;
(3) Appropriations
			 for this purpose; and
(4) Other
			 appropriate sources.
Stat. Auth.: ORS Ch. 183,
				  456.555(2),
				  456.625(12)
Stats. Implemented: ORS
				  456.561;
				  456.574;
				  456.620;
				  456.625;
				  456.692
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 38 - PREDEVELOPMENT LOAN PROGRAM › Section 813-038-0030 - Application Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An Eligible
			 Borrower shall provide a complete Program application in the form and content
			 satisfactory to the Department.
(2)
			 The Program application shall include, but is not limited to, the following
			 documents:
(a) A written description of the
			 proposed Eligible Project including, but not limited to, the development
			 timelines, number of units, unit mix, proposed rents, site location and
			 amenities;
(b) A written
			 description indicating the market need of the proposed type of housing,
			 prospective income levels of the residents and prospective resident
			 services;
(c) A proforma of the
			 proposed Eligible Project operating income and expenses, funding sources, and
			 development costs;
(d) The
			 Predevelopment Loan amount requested;
(e) A written explanation itemizing the
			 proposed uses and associated Eligible Predevelopment Costs for the Loan
			 proceeds;
(f) At a minimum, two (2)
			 comprehensive repayment plans for the Loan;
(g) A description of the Eligible Borrower
			 and their development team's experience in and capacity for developing and
			 operating similar housing projects;
(h) Adequate documentation demonstrating at
			 least 100% Collateral to secure the Loan and any subordinate loans using the
			 same Collateral; and
(i) Such other
			 documents and information as the Department may require.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 38 - PREDEVELOPMENT LOAN PROGRAM › Section 813-038-0035 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 non-refundable Application charge, as specified from time to time by the
			 Department, is due and payable by the Eligible Borrower upon submission of the
			 Application.
(2) A non-refundable
			 loan processing charge, as specified from time to time by the Department is due
			 and payable by the Eligible Borrower upon the sooner of the closing of the Loan
			 or 90 days after the Borrower's acceptance of the Commitment.
(3) If the Borrower determines the need for
			 an extension of the Loan, it must request and justify the extension to the
			 Department in writing in advance of the loan maturity date.
(4) Should the Department determine, in its
			 sole discretion, that an extension of the loan term is warranted, the
			 Department may grant the extension subject to such additional conditions and an
			 extension charges as it deems appropriate.
Stat. Auth.: ORS Ch. 183,
				  456.555(2),
				  456.625(12)
Stats. Implemented: ORS
				  456.561;
				  456.574;
				  456.620;
				  456.625
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 38 - PREDEVELOPMENT LOAN PROGRAM › Section 813-038-0040 - Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
Subject to applicable law, the Department may waive or modify
				any requirements of OAR 813, division 038, as it deems appropriate for the
				public interest.
Stat. Auth.: ORS Ch. 183,
				  456.555(2),
				  456.625(12)
Stats. Implemented: ORS
				  456.561;
				  456.574;
				  456.620;
				  456.625
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 39 - FARMWORKER HOUSING DEVELOPMENT ACCOUNT › Section 813-039-0005 - General Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
OAR chapter 813, division 039, is promulgated to accomplish the
				general purposes of ORS
				458.600 to
				458.660, and more specifically,
				ORS 458.620(1), (2), and
				(3)(d) and
				458.660. ORS
				458.620(1),
				among other things, establishes the Farmworker Housing Development Account as
				part of the Oregon Housing Fund. ORS
				458.660 authorizes the
				Department to disburse moneys in the Farmworker Housing Development Account to
				expand the state's supply of housing for low and very low income
				Farmworkers.
Stat. Auth.: ORS
				  456.515, ORS
				  456.547, ORS
				  456.550, ORS
				  456.555, ORS
				  456.559, ORS
				  456.571, ORS
				  456.625, ORS
				  458.620, ORS
				  458.660
Stats. Implemented: ORS
				  456.555, ORS
				  456.625, ORS
				  458.620, ORS
				  458.660
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 39 - FARMWORKER HOUSING DEVELOPMENT ACCOUNT › Section 813-039-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules, unless the context indicates
				otherwise:
(1) "Account" means the
			 Farmworker Housing Development Account established in ORS
			 458.620(1).
(2) "Application" means the application
			 form(s) and other information required by the Department to initiate a request
			 for moneys from the Account by a Sponsor to finance a specific
			 Project.
(3) "Approve" or
			 "Approval" means the Department, having considered the information provided in
			 a particular Application, together with such other information as the
			 Department considered necessary or appropriate, has reached a preliminary
			 decision that the Application is adequate for review and that the Project
			 described therein is appropriate for funding from the Account and, having
			 obtained Council consent as necessary, has communicated a written offer to the
			 Sponsor to fund the Project as conditioned by the Department, the Council,
			 these rules, ORS 458.600 through
			 458.660, and other applicable
			 law.
(4) "Council" means the State
			 Housing Council established in ORS
			 456.567.
(5) "Department" means the Housing and
			 Community Services Department established in ORS
			 456.555.
(6) "Farmworker" means any person working in
			 connection with cultivating the soil, raising or harvesting any agricultural or
			 aquacultural commodity; or in catching, netting, handling, planting, drying,
			 grading, storing, or preserving in its unmanufactured state any agriculture or
			 aquaculture commodity; or delivering to storage, market, or a carrier for
			 transportation to market or to processing any agriculture or aquaculture
			 commodity; or in the forestation or reforestation of land, including but not
			 limited to, the planting, transportation, tubing, precommercial thinning of
			 trees and seedlings, the clearing, pulling and disposal of brush and slash and
			 other related activities; or as otherwise determined by the Department in the
			 exercise of its authority.
(7)
			 "Project" means a particular development of Farmworker housing, including but
			 not limited to the construction, acquisition or rehabilitation of such housing,
			 or other efforts that facilitate the expansion of the supply of Farmworker
			 housing, in whole or in part, as further detailed in these rules.
(8) "Sponsor" means nonprofit and for-profit
			 corporations or other business entities or individuals authorized to conduct
			 business in the State of Oregon, state and local government entities and
			 housing authorities in Oregon who make Application to finance a Project, in
			 whole or in part, from the Account.
Stat. Auth.: ORS
				  456.515, ORS
				  456.547, ORS
				  456.550, ORS
				  456.555, ORS
				  456.559, ORS
				  456.571, ORS
				  456.625, ORS
				  458.620, ORS
				  458.660
Stats. Implemented: ORS
				  456.555, ORS
				  456.625, ORS
				  458.620, ORS
				  458.660
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 39 - FARMWORKER HOUSING DEVELOPMENT ACCOUNT › Section 813-039-0015 - Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Sponsors must
			 demonstrate to the Department's satisfaction that a proposed Project will
			 expand the state's supply of housing for low and/or very low income
			 Farmworkers. To expand the state's supply of such housing means increasing the
			 amount of qualifying residential housing or extending the use as qualifying
			 residential housing of units or structures that otherwise would be lost for
			 that purpose because of deteriorating habitability or other circumstances. The
			 Department, in ascertaining the efficacy of a proposed Project to expand the
			 state's supply of such housing, may consider factors including, but not limited
			 to the following:
(a) The likelihood of the
			 Project resulting in expanded housing for low or very low income
			 Farmworkers;
(b) The likelihood of
			 the Project developing increased capacity in Oregon communities to create and
			 operate additional qualifying housing;
(c) The immediacy between funding of
			 assistance from the Account and the expansion of housing;
(d) The quality of the intended
			 housing;
(e) The duration of such
			 housing and any assurances of same;
(f) The quantity of the intended
			 housing;
(g) The amount of
			 requested Account assistance; and
(h) The location and demand for the intended
			 housing.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 39 - FARMWORKER HOUSING DEVELOPMENT ACCOUNT › Section 813-039-0020 - Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may from time to time solicit Applications and may, in its sole
			 discretion, consider for funding only Projects identified in Applications
			 received in response to such solicitations. The Department, in its sole
			 discretion, also may fund Projects on its own initiate or consider for funding
			 Projects identified in Applications not received in response to a Department
			 solicitation.
(2) All Applications
			 for assistance from the Account shall be in writing to the Department, and
			 shall contain at a minimum the following information:
(a) The name, address, and telephone number
			 of the Sponsor, together with a contact person;
(b) The amount and type of Account assistance
			 requested;
(c) A description of the
			 Project for which Account assistance is requested, including the purpose of the
			 Project, its location, its owner(s) and ownership structure, its total cost,
			 its funding sources, the type of housing or program involved, the number of low
			 and very low income Farmworker housing units to be provided, the number of
			 Farmworkers to be housed, the duration of such housing, the management plan for
			 such housing, and the willingness to execute and record restrictive covenants
			 to ensure continued availability of such housing;
(d) A description of how the Account
			 assistance will be used with respect to the Project, including how such
			 assistance will be leveraged and secured, if applicable; and
(e) An estimate of the time period from start
			 to completion of the Project.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 39 - FARMWORKER HOUSING DEVELOPMENT ACCOUNT › Section 813-039-0025 - Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In reviewing
			 Applications for Approval, the Department and the Council, as appropriate, may
			 consider factors including, but not limited to, the following:
(a) The Eligibility of Project, Sponsor and
			 requested assistance;
(b) The
			 amount, type, source, timing of and restrictions on any leverage funding or
			 other assistance available for the Project;
(c) The nature of requested
			 assistance;
(d) The willingness of
			 Sponsor to execute and record restrictive covenants and other instruments
			 ensuring ongoing availability of the low and/or very low income Farmworker
			 housing;
(e) The amount of
			 available funds in the Account;
(f)
			 The involvement of federal, state or local government agencies, nonprofit
			 housing or social service agencies, or other beneficial parties;
(g) The geographic area and need
			 affected;
(h) The number, type and
			 duration of housing units to be provided or preserved and number of Farmworkers
			 to be housed;
(i) The social
			 services to be provided or needed with respect to the housing, if appropriate;
			 and
(j) The impacts of the Project
			 on the local community;
(k) Local
			 opinion regarding the Project;
(l)
			 The feasibility of the Project; and
(m) The Administrative costs and/or
			 responsibilities imposed on the Department in connection with the assistance
			 provided.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 39 - FARMWORKER HOUSING DEVELOPMENT ACCOUNT › Section 813-039-0030 - Form of Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department will confirm in its Approval to the Sponsor the type of assistance,
			 if any, to be provided from the Account for the Project. Assistance may be
			 provided as a loan, a grant, a combination of a loan and grant, or in such
			 other form as determined by the Department.
(2) The Department, inter alia, may require
			 the Sponsor to execute such documents as the Department considers appropriate
			 or necessary, in its sole discretion, to evidence the type and amount of
			 assistance provided, and any terms and conditions required by the Department or
			 Council in connection with such assistance.
(3) If any term or condition in the Approval
			 of Account assistance, or in the documents related thereto, is not timely
			 performed by Sponsor -- or upon the discovery by the Department of any
			 misrepresentation or omission of a material fact by the Sponsor -- the
			 Department may immediately revoke its Approval, require repayment of all or any
			 portion of Account assistance previously advanced, if any, and effect any other
			 remedy available to it at law or otherwise.
Stat. Auth.: ORS
				  456.515, ORS
				  456.547, ORS
				  456.550, ORS
				  456.555, ORS
				  456.559, ORS
				  456.571, ORS
				  456.625, ORS
				  458.620, ORS
				  458.660
Stats. Implemented: ORS
				  456.555, ORS
				  456.625, ORS
				  458.620, ORS
				  458.660
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 39 - FARMWORKER HOUSING DEVELOPMENT ACCOUNT › Section 813-039-0040 - Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may waive or modify any requirements of OAR
				chapter 813, division 039, unless such waiver or modification would violate
				applicable federal or state statutes or regulations.
Stat. Auth.: ORS
				  456.515, ORS
				  456.547, ORS
				  456.550, ORS
				  456.555, ORS
				  456.559, ORS
				  456.571, ORS
				  456.625, ORS
				  458.620, ORS
				  458.660
Stats. Implemented: ORS
				  456.555, ORS
				  456.625, ORS
				  458.620, ORS
				  458.660
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 40 - SEED MONEY ADVANCE PROGRAM › Section 813-040-0005 - General Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The rules of OAR chapter 813, division 40 are established to
				administer ORS 456.515 through
				456.720, specifically
				456.550,
				456.559,
				456.574 and
				456.710, which authorize the
				Housing and Community Services Department to provide non interest-bearing and
				interest-bearing advances to housing sponsors to stimulate the production of
				housing for persons and families of lower income in the State of Oregon. These
				advances will be called Seed Money Advances and will be used only to cover
				predevelopment costs.
Stat. Auth.: ORS
				  90.800 -
				  90.840,
				  91.886, 183,
				  456.515 -
				  456.723 &
				  458.210 -
				  458.650
Stats. Implemented: ORS
				  456.550,
				  456.559,
				  456.574 &
				  456.710
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 40 - SEED MONEY ADVANCE PROGRAM › Section 813-040-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The meanings of
			 words and terms used in OAR chapter 813, division 040, are consistent with
			 definitions in the Act, and as provided in 813-005-0005  and herein. As used in
			 these rules, unless otherwise indicated by the context:
(2) "Approval Letter" means a letter from the
			 Department to the proposed prospective Borrower or Sponsor which provides
			 notification of the Department's approval of the Seed Money Advance. The letter
			 also requires the prospective Borrower's agreement to repay the Seed Money
			 Advance at the time of land acquisition or with the first construction draw,
			 but no later than permanent loan closing.
(3) "Borrower" means, subject to the approval
			 of the Department, a Person, including a Qualified Housing Sponsor, who
			 satisfies the legal, financial and credit criteria as set forth in the
			 applicable Program rules, and who has received a Program Loan.
(4) "Nonprofit Borrower" means, subject to
			 the approval of the Department, a Qualified Housing Sponsor who is a non-profit
			 housing corporation, a housing authority created by ORS
			 456.075, an urban renewal
			 department created by
			 457.035, and any city or county
			 governing body or department or department designated by the governing body,
			 who satisfies the legal, financial and credit criteria as set forth in the
			 applicable Program rules, and who has received a Program Loan.
(5) "Predevelopment Costs" means expenses for
			 architectural design, legal fees, survey and soils boring, appraisal,
			 consultant fees, land option carrying charges, land acquisition costs, federal
			 or state application fees or other recoverable development costs approved by
			 the Department.
(6) "Proposal"
			 means an application or other documentation submitted to the Department which
			 describes the proposed housing Project and provides information which enables
			 the Department to assess the probability of the Seed Money Advance being
			 repaid.
(7) "Seed Money Advance
			 Agreement" means the agreement between the Department and a Qualified Nonprofit
			 Borrower or other Borrower which establishes the terms, conditions and
			 procedures governing the Seed Money Advance.
Stat. Auth.: ORS
				  90.800 -
				  90.840,
				  91.886, 183,
				  456.515 -
				  456.723 &
				  458.210 -
				  458.650
Stats. Implemented: ORS
				  456.550,
				  456.559,
				  456.574 &
				  456.710
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 40 - SEED MONEY ADVANCE PROGRAM › Section 813-040-0015 - Eligibility for the Seed Money Advance

Current through Register Vol. 63, No. 7, July 1, 2024
The prospective Nonprofit Borrower or other Borrower will
				demonstrate the need of a Seed Money Advance to pay Predevelopment Costs as set
				forth in the Proposal and will satisfy the standards of the Department for
				financial responsibility and stability.
Stat. Auth.: ORS
				  90.800 -
				  90.840,
				  91.886, 183,
				  456.515 -
				  456.723 &
				  458.210 -
				  458.650
Stats. Implemented: ORS
				  456.550,
				  456.559,
				  456.574 &
				  456.710
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 40 - SEED MONEY ADVANCE PROGRAM › Section 813-040-0020 - Limitation on Size of Advance; Source of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Seed Money Advance amount shall not
			 exceed $40,000. Seed Money Advances shall be made from the Department's
			 Revolving Account in the General Fund of the State Treasury, subject to the
			 availability of funds and limitations otherwise prescribed by law.
(2) Requests for Seed Money Advance Loan
			 funds for market-studies will not exceed $7,500.
(3) The Department shall charge no interest
			 on a Seed Money Advance provided Nonprofit Borrowers.
(4) Interest on a Seed Money Advance provided
			 to other Borrowers shall be determined by the Department at 50 percent of the
			 set prime lending rate established by New York commercial banks and in effect
			 at the time the Advance is made.
Stat. Auth.: ORS
				  90.800 -
				  90.840,
				  91.886, 183,
				  456.515 -
				  456.723 &
				  458.210 -
				  458.650
Stats. Implemented: ORS
				  456.550,
				  456.559,
				  456.574 &
				  456.710
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 40 - SEED MONEY ADVANCE PROGRAM › Section 813-040-0025 - Application Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 prospective Borrower or Nonprofit Borrower may submit to the Department the
			 following:
(a) An Proposal for Seed Money
			 Advance in form prescribed by the Department;
(b) Articles of incorporation, bylaws and
			 borrowing resolution of the corporation;
(c) Legal description of the site,
			 preliminary title report and location map;
(d) Financial statements; and
(e) Statement describing the experience of
			 the prospective Nonprofit Borrower or other prospective Borrower and its
			 ability to develop the proposed project.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 40 - SEED MONEY ADVANCE PROGRAM › Section 813-040-0030 - Approval and Closing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 approval by the Council of the prospective Nonprofit Borrower's or other
			 prospective Borrower's Proposal for the Seed Money Advance, except for the
			 market study program, the Department shall issue a letter listing the documents
			 that must be provided or executed by the prospective Nonprofit Borrower or
			 other prospective Borrower. Funds shall be reserved for a maximum of one year,
			 during which time the prospective Nonprofit Borrower or other prospective
			 Borrower will provide the Department with copies of the documents listed in
			 section (2) of this rule. If these documents are not received within one year,
			 the prospective Nonprofit Borrower or other prospective Borrower may be
			 required to submit a new Proposal. If a written request for an extension is
			 submitted to and approved by the Department before the expiration date of the
			 approval letter, the prospective Nonprofit Borrower or other prospective
			 Borrower shall not be required to submit a new Proposal.
(2) The Seed Money Advance Approval Letter
			 may be subject to the following documents executed or provided by the
			 prospective Nonprofit Borrower or other prospective Borrower:
(a) Seed Money Advance Agreement;
(b) Note (noninterest-bearing) for the
			 Nonprofit Borrower and interest-bearing for other Borrowers in the amount of
			 the Seed Money Advance; and
(c)
			 Other documents unique to the Proposal or required by the Department.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 40 - SEED MONEY ADVANCE PROGRAM › Section 813-040-0035 - Distribution of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Once the
			 Department has received satisfactory security, which may include but is not
			 limited to an assignment of a mortgage or trust deed, the Department may
			 disburse funds. The Nonprofit Borrower, or other Borrower, shall submit any
			 invoices or paid receipts for Predevelopment Costs as stated in the Proposal to
			 the Department each month with a progress report.
(2) For market study requests, the Department
			 may waive the requirement for security at its sole discretion.
Stat. Auth.: ORS
				  90.800 -
				  90.840,
				  91.886, 183,
				  456.515 -
				  456.723,
				  458.210 -
				  458.650
Stats. Implemented: ORS
				  456.550,
				  456.559,
				  456.574 &
				  456.710
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 40 - SEED MONEY ADVANCE PROGRAM › Section 813-040-0040 - Repayment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Seed Money
			 Advance, plus a processing fee equal to two percent of the Seed Money Advance
			 amount, shall be due and payable within two years from the date of the initial
			 disbursement of the Seed Money Advance. The Nonprofit Borrower or other
			 Borrower shall make repayment at the time of land acquisition, or from the
			 initial draw against the construction loan but no later than permanent loan
			 closing. If the initial draw of the construction loan or the proceeds from the
			 permanent loan are not disbursed within the two year period, the Nonprofit
			 Borrower or other Borrower shall make this known to the Department. The
			 Department may require the Nonprofit Borrower or other Borrower to repay the
			 Seed Money Advance in full on demand from other sources of funds. The term of
			 the Seed Money Advance may be extended by the Department.
(2) The Nonprofit Borrower or Borrower shall
			 report to the Department on the progress of the project and status of the
			 permanent or construction loan at any time as required by the
			 Department.
(3) Any amount of the
			 Seed Money Advance remaining unpaid after the maturity date of the note shall
			 be subject to a late fee of one and one-half percent (1-1/2%) of the unpaid
			 balance for each month that the Seed Money Advance remains unpaid.
Stat. Auth.: ORS
				  90.800 -
				  90.840,
				  91.886, 183,
				  456.515 -
				  456.723 &
				  458.210 -
				  458.650
Stats. Implemented: ORS
				  456.550,
				  456.559,
				  456.574 &
				  456.710
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 40 - SEED MONEY ADVANCE PROGRAM › Section 813-040-0045 - Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may, with the concurrence of the Council, waive
				or modify any requirement of these Seed Money Advance Program rules, unless
				such waiver or modification would violate applicable
				statutes.
Stat. Auth.: ORS
				  90.800 -
				  90.840,
				  91.886, 183,
				  456.515 -
				  456.723 &
				  458.210 -
				  458.650
Stats. Implemented: ORS
				  456.550,
				  456.559,
				  456.574 &
				  456.710
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 40 - SEED MONEY ADVANCE PROGRAM › Section 813-040-0050 - Equal Opportunity

Current through Register Vol. 63, No. 7, July 1, 2024
No person receiving a Seed Money Advance under these rules
				shall make any distinction, discrimination, or restriction against any
				purchaser, occupant lessee, or prospective purchaser, occupant or lessee,
				relating to the sale, rental, lease or occupancy of real property, because of
				race, color, creed, sex, marital status or national origin.
Stat. Auth.: ORS
				  90.800 -
				  90.840,
				  91.886,
				  456.515 -
				  456.723 &
				  458.210 -
				  458.650
Stats. Implemented: ORS
				  456.550,
				  456.559,
				  456.574 &
				  456.710
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 41 - AGRICULTURE WORKFORCE HOUSING TAX CREDIT PROGRAM › Section 813-041-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 813 Division 41 accomplishes the general purposes of ORS
				315.163 to
				315.171 and describes the
				Agriculture Workforce Housing Tax Credit (AWHTC) Program. The purpose of the
				program is to encourage the rehabilitation of existing housing and the
				construction or placement of additional housing for agricultural workers,
				retired and disabled agricultural workers, and their immediate
				families.
Statutory/Other Authority: ORS
				  315.167 - 315.171 &
				  458.650
Statutes/Other Implemented: ORS
				  315.167
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 41 - AGRICULTURE WORKFORCE HOUSING TAX CREDIT PROGRAM › Section 813-041-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 813 Division 41 accomplishes the general purposes of ORS
				315.163 to
				315.169 and describes the Agriculture Workforce Housing Tax Credit (AWHTC) Program. The
				purpose of the program is to encourage the rehabilitation of existing housing
				and the construction or placement of additional housing for agricultural
				workers, retired and disabled agricultural workers, and their immediate
				families.
Statutory/Other Authority: ORS
				  315.167  - 315.169 & 458.650
Statutes/Other Implemented: ORS
				  315.167
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 41 - AGRICULTURE WORKFORCE HOUSING TAX CREDIT PROGRAM › Section 813-041-0006 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Terms used throughout OAR chapter 813, division 041 may be
				defined in Oregon Revised Statute (ORS or statute), or in the OHCS General
				Definitions (OAR 813-005-0005). Terms used within this division observe those
				definitions except as defined below. All words and terms used in OAR chapter
				813, division 041 are as provided in statute, OAR 813-005-0005, or herein. As
				used in these rules:
(1) "Construction
			 costs" means expenses incurred creating or making a new structure; or altering,
			 partially constructing, or repairing an existing structure. Construction costs
			 include:
(a) "Excavation costs" means expenses
			 incurred in physically preparing a site for construction;
(b) "Installation costs" means expenses
			 incurred installing different systems, fixtures, and parts of the finished
			 building including but not limited to plumbing, electrical, HVAC, windows,
			 exterior sheathing, countertops, flooring, and interior trim and
			 molding;
(c) "Permit costs" means
			 expenses incurred obtaining the necessary permits associated with construction
			 of the project.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 41 - AGRICULTURE WORKFORCE HOUSING TAX CREDIT PROGRAM › Section 813-041-0006 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Terms used throughout this division (OAR 813-041) are defined
				in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR
				813-005-0005). Terms used in this division observe those definitions except as
				defined below:
(1) "Construction
			 costs" means expenses incurred creating or making a new structure; or altering,
			 partially constructing, or repairing an existing structure. Construction costs
			 include:
(a) "Excavation costs" means expenses
			 incurred in physically preparing a site for construction;
(b) "Installation costs" means expenses
			 incurred installing different systems, fixtures, and parts of the finished
			 building including but not limited to plumbing, electrical, HVAC, windows,
			 exterior sheathing, countertops, flooring, and interior trim and
			 molding;
(c) "Permit costs" means
			 expenses incurred obtaining the necessary permits associated with construction
			 of the project.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 41 - AGRICULTURE WORKFORCE HOUSING TAX CREDIT PROGRAM › Section 813-041-0010 - Program Description and Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OHCS may allot AWHTC Program credits on
			 an annual basis or on a biennial basis. Credits and awards of these credits are
			 identified by the year OHCS makes reserves the credits for
			 allocation.
(2) A taxpayer or a
			 contributor may obtain a Letter of Credit Approval (LOCA) from OHCS for the
			 purpose of claiming an AWHTC Program credit by submitting an application and
			 meeting the requirements described in OAR 813-041-0025.
(3) The application must be submitted on the
			 application form furnished or required by OHCS and must comply with all
			 requirements established by OHCS.
(4) To apply for the AWHTC Program credit for
			 a specific year, a taxpayer or a contributor must file the application in a
			 manner consistent with this section.
(5) A taxpayer or a contributor is
			 responsible for being informed of current application requirements for the
			 program, including but not limited to information as provided by OHCS through
			 its applicable solicitation for applications.
(6) An application for AWHTC Program Credits
			 for Community-Based projects ust be submited through the Oregon Centralized
			 Application (ORCA) process.
(7)
			 Twenty percent of the total available biennial allocation of AWHTC Program
			 Credits will be set aside for the acquisition, construction, installation, or
			 rehabilitation of On-Farm housing units.
(a)
			 The On-Farm Set-Aside will be available for application on an annual
			 basis,
(b) This set-aside will be
			 available to operators of agricultural enterprises to acquire, construct,
			 install, or rehabilitate housing for agricultural workers who are employed on
			 land zoned for agricultural use.
(c) This set-aside will remain in place until
			 the entire amount has been allocated or until September of that year's On-Farm
			 Set-Aside AWHTC Program credit allocation.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 41 - AGRICULTURE WORKFORCE HOUSING TAX CREDIT PROGRAM › Section 813-041-0010 - Program Description and Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OHCS allots AWHTC Program credits on an
			 annual basis. Credits and awards of these credits are identified by the year in
			 which OHCS makes the credits available for allocation.
(2) A taxpayer or a contributor may obtain a
			 Letter of Credit Approval (LOCA) from OHCS for the purpose of claiming an AWHTC
			 Program credit by submitting an application and meeting the requirements
			 described in OAR 813-041-0025.
(3)
			 The application must be submitted on the application form furnished or required
			 by OHCS and must comply with all requirements established by OHCS.
(4) To apply for the AWHTC Program credit for
			 a specific year, a taxpayer or a contributor must file the application in a
			 manner consistent with this section. An application is filed with OHCS:
(a) Upon receipt by OHCS staff if the
			 application is mailed;
(b) As of
			 the date received when submitted electronically, provided the application
			 charge is received by the date specified by OHCS; or
(c) As of the time and date stamped by OHCS
			 if the application is hand delivered.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 41 - AGRICULTURE WORKFORCE HOUSING TAX CREDIT PROGRAM › Section 813-041-0015 - Evaluation of Applications.

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OHCS's evaluation and approval of an
			 application is subject to the terms of the applicable solicitation, the
			 provisions of this rule, other applicable law, and the biennial limitation on
			 the total of estimated eligible costs for all approved projects for the
			 calendar year established under ORS
			 315.171.
(2) For Community-Based projects, the
			 application review process will be through the ORCA.
(3) For On-Farm Set-Aside projects, the
			 application review process will be on a First-Come, First-Reviewed
			 process.
(4) Applications are
			 subject to evaluation by OHCS according to criteria that include the following
			 minimum requirements:
(a) Completeness, level
			 of detail, and accuracy of the information included in the
			 application;
(b) The qualifying
			 status of the taxpayer/contributor and of the proposed project;
(c) The viability of the project, including
			 as reflected in the estimated eligible costs and other support funding as
			 appropriately documented;
(d) The
			 number of units reserved for Agricultural workers and their families,
			 and
(e) Such other criteria
			 established by OHCS, including but not limited to those described in the
			 applicable solicitation.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 41 - AGRICULTURE WORKFORCE HOUSING TAX CREDIT PROGRAM › Section 813-041-0015 - Evaluation of Applications.

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OHCS's evaluation and approval of an
			 application is subject to the terms of the applicable solicitation, the
			 provisions of this rule, other applicable law, and the annual limitation on the
			 total of estimated eligible costs for all approved projects for the calendar
			 year established under ORS
			 315.167.
(2) The application review process may be on
			 an invitation basis, a first come-first reviewed process, a competitive review
			 process, an evaluation as a demonstration program, or any other process deemed
			 necessary or appropriate by OHCS.
(3) OHCS will indicate the application review
			 process for a particular year's allotment of AWHTC Program credits in the
			 applicable solicitation.
(4)
			 Employer-sponsored applications will be evaluated and reviewed separately from
			 community-based applications.
(5)
			 Applications are subject to evaluation by OHCS according to criteria that
			 include the following minimum requirements:
(a) Completeness, level of detail, and
			 accuracy of the information included in the application;
(b) The qualifying status of the
			 taxpayer/contributor and of the proposed project;
(c) The viability of the project, including
			 as reflected in the estimated eligible costs and other support funding as
			 appropriately documented;
(d) The
			 number of units reserved for Agricultural workers and their families,
			 and
(e) Such other criteria
			 established by OHCS, including but not limited to those described in the
			 applicable solicitation.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 41 - AGRICULTURE WORKFORCE HOUSING TAX CREDIT PROGRAM › Section 813-041-0020 - Standby Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Qualifying applications not selected for
			 a reservation of AWHTC Program credits in a particular year because the amount
			 of available AWHTC Program credits has already been allocated will be put on a
			 standby list for a potential allocation if any previously allocated AWHTC
			 Program credits become available.
(2) If an application is declined by OHCS as
			 not qualifying for further evaluation solely because the estimated eligible
			 costs, when aggregated with the estimated eligible costs of all projects
			 approved to that date for the calendar year, exceed the limitation on the total
			 of estimated eligible costs under ORS
			 315.167, the applicant may:
(a) Request a reduction of the estimated
			 eligible costs for the project to an amount that, when aggregated with the
			 estimated eligible costs of all projects approved to that date for the calendar
			 year, would not exceed the limitation; or
(b) Request that OHCS place the taxpayer on a
			 standby list for future possible eligibility.