Oregon Administrative Code

813-004-0230 Criminal Records Check Process (1) Disclosure of information by subject individual. (a) Preliminary to a criminal records check, a Subject Individual must complete and sign the department's Criminal Records Request Form and a fingerprint appointment if required. (b) …

813-004-0240 Hiring or Appointing on a Preliminary Basis (1) If the department elects to conduct a criminal records check pursuant to these rules, the department, in its sole discretion, may hire or appoint the subject individual on a preliminary basis pending completion of a cri…

813-004-0250 Final Fitness Determination (1) If the department elects to conduct a criminal records check, the department shall make a fitness determination about a subject individual based on information provided by the subject individual under OAR 813-004-0230, the criminal rec…

813-004-0260 Potentially Disqualifying Crimes (1) Crimes relevant to a fitness determination are listed within the OHCS Crime List, effective December 2025. (2) Evaluation of Crimes. The department shall evaluate a crime on the basis of the law of the jurisdiction in which the cr…

813-004-0270 Incomplete Fitness Determination (1) The department will close a preliminary or final fitness determination as incomplete when: (a) Circumstances change so that a person no longer meets the definition of a subject individual under OAR 813-004-0220. (b) The subject in…

813-004-0280 Notice to Subject Individual of Fitness Determination The department shall inform the subject individual who has been determined not to be fit on the basis of a criminal records check, via personal service, or registered or certified mail to the most current address …

813-004-0290 Appealing a Fitness Determination (1) Purpose. Sections (2) to (5) of this rule set forth the contested case hearing process a subject individual must use to appeal a completed final fitness determination made under OAR 813-004-0250 that the individual is not fit to …

813-004-0300 Recordkeeping and Confidentiality Any information obtained in the criminal records check is confidential. The department must restrict the dissemination of information obtained in the criminal records check. Only those persons, as identified by the department, with a…

813-004-0310 Fees (1) The department may charge a fee for acquiring criminal offender information for use in making a fitness determination that will not exceed the fee charged the department by the Oregon Department of State Police and the Federal Bureau of Investigation to obta…

813-005-0001 General Purpose OAR chapter 813, division 5, defines common terms, and describes policies and procedures related to the administration of the Housing and Community Services Department. The rules set forth in this division apply to all department activities unless a s…

813-005-0005 General Definitions The following definitions, along with those in ORS 456 and 458, apply to OAR 813 unless the context indicates, or the term is otherwise defined in a subsequent division. (1) "Accessible unit" means a dwelling unit meeting the definition of this te…

813-005-0008 Cost Thresholds for Housing Stability Council Review and Approval (1) Pursuant to ORS 456.555, OHCS must establish, by administrative rule, the threshold property purchase price at which a single-family home ownership loan on property must be submitted by OHCS to the…

813-005-0016 Waiver The director may waive, suspend or modify any term or provision of OAR 813, unless such waiver, suspension or modification would violate applicable federal or state law. Statutory/Other Authority: ORS 91.886, 183 & 456.555 Statutes/Other Implemented: ORS 90.80…

813-005-0020 General Policy and Guideline Manual The General Policy and Guideline Manual, as amended from time to time, is incorporated into this division by reference and has application, inter alia, to the solicitation, review, reservation, award and documentation of housing gr…

813-005-0025 Protest Process (1) The following definitions apply to this rule: (a) “Applicant” means any individual, for-profit or nonprofit corporation, partnership, limited liability company, association, joint venture, public body, federally recognized Indian tribe, public cor…

813-005-0030 Contingency of Funding Awards If the department provides a reservation or otherwise to make a funding award under ORS 90.800 - 90.840, 91.886, ORS 317.097, 456.515 through 456.725 or 458.005 through 458.740, and if the type and amount of subject funding or any other …

813-005-0040 Compliance Monitoring (1) A project receiving any department assistance is subject to such reviews and field inspections that the department determines to be necessary or appropriate including, but not limited to ensuring the funding recipient’s and project owner’s c…

813-005-0050 Attorney General’s Model Rules (1) Pursuant to ORS 183.341, Oregon Housing and Community Services adopts by reference the Attorney General’s Model Rules for Rulemaking (OAR 137-001) as in effect June 1, 2026. (2) Pursuant to ORS 183.341, Oregon Housing and Community …

813-005-0055 Access to Public Records and Related Charges (1) The Administrative Rules set forth in Chapter 813, Division 005, Section 0055 apply to all public records for which Oregon Housing and Community Services (OHCS) is custodian. (2) The Director or designee, in carrying o…

813-005-0060 Transfer of Recipient, Assistance or Ownership; Subordinate Liens; Encumbrances (1) A recipient of any department assistance or owner of a project for which such assistance is provided may not transfer or allow any transfer of any interest in itself, the assistance o…

813-005-0070 Fees and Charges The department may require the payment of such fees and charges as it determines appropriate with respect to the administration of its housing programs and program requirements including, but not limited to the solicitation, award, documentation and …

813-006-0005 Purpose, Application, and Basic Policy (1) The Department requires the services and partnerships of outside parties to accomplish its mission and goals. Although ORS 279A.025(2)(o) provides that certain types of procurement by the Department are exempt from all provi…

813-006-0015 Definitions The following definitions apply to these Division 6 rules and supersede any definitions set forth in the Model Rules: (1) “Department” means the Housing and Community Services Department established under ORS 456.555. (2) “Designated Procurement Officer” …

813-006-0040 Discretionary Waiver The Director may waive, suspend, or modify any term or provision of OAR 813, including terms and provisions of the Model Rules that the Department has adopted, unless such waiver, suspension, or modification would violate applicable federal or st…

813-006-0045 Reinstatement of Expired Contract (1) This rule applies to the Reinstatement of expired or terminated Contracts. (2) Requirements to Reinstate an expired or terminated Contract: (a) Before expiration or termination, the Contract was properly signed by all parties; (b…

813-007-0005 General Purpose OAR chapter 813, division 007 is adopted to implement and administer ORS 90.732, 90.734, 90.736, and 90.738 for the purpose of the regulation of manufactured dwelling parks and marina communities. Statutory/Other Authority: 2005 OL Ch. 619, Sec 2-4, 2…

813-007-0010 Definitions (1) “Facility” means a manufactured dwelling park or a marina. (2) “Landlord” means the owner, lessor or sublessor of the dwelling unit or the building or premises of which it is a part. “Landlord” includes a person who is authorized by the owner, lessor …

813-007-0015 Annual Registration Procedures (1) Every landlord or landlord’s agent of a facility must register annually with the Housing and Community Services Department (“department”) by January 1 of each year. The registration submission must include complete and accurate info…

813-007-0020 Annual Registration Notification Reminders and Confirmation (1) The department shall send an email reminder notice to each landlord or landlord’s agent that holds a current registration of a facility in November of the year previous to the due date of January 1 for e…

813-007-0025 Continuing Education Requirements and Notifications for Facility Landlord/ Landlord Agents (1) Continuing education classes for landlord or landlord's agent are listed on the department’s website and updated annually. (2) Continuing education classes are offered onli…

813-007-0030 Approval of Statewide Nonprofit Trade Association Trainers (1) The department provides a list on the department’s website of the statewide non-profit trade associations that provide continuing education instruction for landlord and landlord agents. (2) Non-profit tra…

813-007-0057 Civil Penalty Schedule (1) Landlords and landlord agents are subject to a civil penalty for each act of noncompliance, according to the following schedule of penalties: (a) Failure to register and to pay registration fee: an amount not to exceed $1,000 (b) Failure to…

813-009-0001 Purpose and Objective OAR 813, division 9, is promulgated to accomplish the general purpose of ORS 90.800 through 90.840 and 456.579 to 456.581, which authorize the Housing and Community Services Department to provide certain assistance to qualified tenants' associat…

813-009-0005 Definitions The meanings of words and terms used in OAR chapter 813, division 009, are consistent with definitions in the Act, in 813-009-0005 and below. As used in chapter 813, division 009, unless the context indicates otherwise: (1) “Act” means ORS 456.515 through…

813-009-0010 Application Procedure and Requirements (1) A Qualified Facility Purchase Association, a tenants’ association, or a tenants’ association supported nonprofit organization, may submit to the Department an application for a loan for Initial Costs for purchasing the Manuf…

813-009-0015 Application Review (1) The Department will reasonably act to acknowledge receipt of the application and to request any additional information concerning the application within 30 calendar days of its receipt of the application. (2) The Department will reasonably act …

813-009-0020 Type of Loan Assistance (1) The Department will confirm in writing to an applicant the amount of assistance, if any, to be provided from the Park Purchase Account. Any assistance will be in the form of a loan made pursuant to a controlling written instrument. (2) The…

813-009-0035 Waiver The Director, with the concurrence of the Council, may waive or modify any requirements of OAR 813, division 009, unless such waiver or modification would violate applicable state or federal law. Statutory/Other Authority: ORS 90.800–90.840, 90.630, 813, 446, …

813-010-0006 Purpose and Objectives OAR chapter 813, division 10 is promulgated to carry out the provisions of ORS 456.515 through 456.725, as they pertain to the administration by the Housing and Community Services Department (Department) of the Multi-Unit Housing Program. These…

813-010-0011 Definitions (1) All terms used in OAR chapter 813, division 010, are defined in the Act, in OAR 813-005-0005 and herein. (2) As used in OAR chapter 813, division 010, unless the context indicates otherwise: "Multi-Unit Project" or "Project" means housing containing m…

813-010-0016 Standard Underwriting Criteria In approving or disapproving any loan application, the Department and the Housing Stability Council shall consider, in addition to requirements elsewhere stated in the Program rules, the following criteria: (1) The location of the Proje…

813-010-0021 Form of Loan Assistance (1) The Department shall make loans to Eligible 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 may…

813-010-0029 Transfer of Ownership (1) A 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…

813-010-0032 Approved Housing Borrowers (1) Any person may apply to become a Borrower. (2) To help the Department evaluate the financial strength of a prospective Borrower to develop, own, maintain and manage a Project, the prospective Borrower shall submit any documents, credit …

813-010-0033 Loans (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 those conditions of eligibility set forth in the Program rules. (2) Each loan shall not exceed the total allowable pr…

813-010-0036 Eligible Multi-Unit Projects (1) The Department shall evaluate each Project for consistency with the Department's interpretation of sound architectural and planning principles and underwriting standards. (2) In order to qualify for a loan, a Project shall: (a) Be app…

813-010-0042 Resident Eligibility and Occupancy (1) To be eligible to occupy a Project, a person or household shall: (a) Be a Resident of the State; (b) Have an annualized gross household income which does not exceed the limit established by the Department from time to time in co…

813-010-0051 Loan Security 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 trust deed or other evidence of security. (2) The Eligible Borr…

813-010-0700 Housing Assistance Payments Request and Certification Processing (1) The Department shall review and approve documents and electronic transmissions relating to Section 8 subsidized Projects. The Department shall establish such reasonable requirements necessary to ass…

813-010-0705 Loan Servicing (1) The servicing of loans shall be performed by servicer(s) selected and approved by the Department. Servicing, unless performed by the Department itself, shall be conducted under the terms and conditions contained in a servicing agreement entered int…