Oregon Administrative Code

813-060-0031 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…

813-060-0032 Manufactured Dwelling Park Projects (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,…

813-060-0036 Interim Loans (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 81…

813-060-0038 Approved Housing Borrowers (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…

813-060-0040 Processing Procedures (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 wi…

813-060-0044 Loan Closing 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 Dep…

813-060-0045 Resident Eligibility and Occupancy (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 …

813-060-0047 Commitment Fee (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. …

813-060-0055 Loan Servicing (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…

813-060-0056 Change of Approved Servicers (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 …

813-060-0061 Transfer of Ownership (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 writt…

813-060-0062 Loan Prepayments (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 Departme…

813-060-0065 Disposal of Department-Owned Projects (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 sh…

813-060-0070 Waiver 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. Statutory/Other Authority: ORS 456.515 - 456.720 Statutes/Other Implemented: ORS…

813-065-0100 Purpose 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, mus…

813-065-0102 Notification and Delivery of Notification (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 (…

813-065-0103 Required Notification of Intent to Sell Manufactured Home Park or Marina Community. (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 marketi…

813-065-0104 Required Notification Conveyance/Transfer of Facility Deed 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 …

813-065-0110 Facility Closure Notice When Closure Not Required by Eminent Domain or Government Order (1) When a manufactured dwelling facility, or a portion of the facility that includes the space for a manufactured dwelling, is to be closed under ORS 90.645(1) or (2), the facili…

813-065-0120 Facility Closure Notice When Closure is Required by Eminent Domain or Government Order (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(…

813-065-0130 Park Closure Notice When Local Laws are More Stringent 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 right…

813-065-0140 Copy of Park Closure Notice to Department; Tenant Contacts 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 …

813-065-0150 Notice of Tax Credit Eligibility Upon Closure of Park; Sample Form 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 establ…

813-065-0210 Facility Closure Notice (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 con…

813-065-0220 Alternate Facility Space (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 det…

813-065-0230 Moving and Set Up Expenses (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 po…

813-065-0240 Payment of Expenses (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) …

813-066-0005 Purpose and Objective 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 p…

813-066-0010 Definitions 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 Efficie…

813-066-0015 Allocation of Funds to Approved Lenders and Program Administrators 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 inclu…

813-066-0020 Manufactured Dwelling Replacement Loan Terms All loans made under the 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 to be used to a…

813-066-0025 Homeowner Eligibility and Requirements for Program Loans Requirements for homeowner eligibility include, but are not limited to, the following: (1) The Manufactured Dwelling that is being replaced must be owned by and used as the homeowner’s primary residence a minim…

813-066-0030 Program Decommissioning and Disposal Grant Terms and Eligibility (1) There is no minimum grant amount for decommissioning and disposal of the homeowner’s current Manufactured Dwelling and the maximum grant amount allowable is the lesser of $15,000 or the cost of deco…

813-066-0035 Manufactured Home Replacement Program Energy Grant Terms and Eligibility (1) Grant funds may be used for Manufactured Dwelling Replacement Project completion as a means to deliver energy efficiency, pursuant to the OHCS Manufactured Dwelling Replacement Program. (2) …

813-070-0005 Purpose and Objectives The rules of OAR 813, division 70 are established to administer and enforce ORS 456.515 through 456.720, specifically 456.690. These rules, together with the Program’s Procedural Guide, shall implement the Home Improvement Loan Program. The Pro…

813-070-0010 Definitions (1) All terms are used in OAR 813, division 70 as defined in the Act, and as provided in OAR 813-005-0005 or herein. (2) As used in these rules, unless otherwise indicated by the context: (a) “Income” means the total of the gross annualized income, from a…

813-070-0015 Allocation of Funds to Approved Lenders Under the Home Improvement Loan Program, the Department may rely on a commitment system or a first-come first-served reservation system to solicit and monitor participation by Approved Lenders when funds become available from t…

813-070-0016 Commitment System Under the commitment system, the Department shall solicit commitment requests by mailing a commitment invitation form to each Approved Lender at the address listed in the records of the Department. The Department shall seek commitment requests befor…

813-070-0017 Reservation System (1) Under the reservation system, the Department purchases Program Loans pursuant to first-come first-served reservations made by Approved Lenders, and in compliance with the Program’s Procedural Guide. The Department shall solicit participation in…

813-070-0020 Approved Lenders (1) Any commercial bank, savings and loan association, savings bank, mortgage banker or other Person legally authorized to engage in the business of making secured loans for residential housing may apply to become an Approved Lender. An applicant wis…

813-070-0025 Program Loans (1) To be eligible for purchase by the Department pursuant to a commitment to or agreement with an Approved Lender, a Program Loan shall be made by the Approved Lender during the term of the Program. The Program Loan shall comply with the terms of such …

813-070-0030 Permissible Use of Property Improved by a Program Loan (1) Borrower shall continuously occupy the Residential Dwelling improved by a Program Loan as a permanent and primary residence during the time the Program Loan is outstanding. Borrower shall not sell, transfer, …

813-070-0035 Eligible Borrowers (1) To be eligible to receive a Program Loan, an Eligible Borrower shall, on the date of application: (a) Be a resident of Oregon, and, unless otherwise approved by the Department, a resident of a Reinvestment Neighborhood designated by the relevan…

813-070-0040 Eligible Residential Dwellings A Residential Dwelling for a Program Loan shall: (1) Be located in Oregon and, unless otherwise designated by the Department, in a Reinvestment Neighborhood or a Target Area. (2) Be a permanent structure used primarily for year-round re…

813-070-0045 Mortgage Insurance All Program Loans to be purchased by the Department under the Home Improvement Loan Program shall be insured under the Title I Property Improvement Loan Insurance Program of the Federal Housing Administration (FHA). The designated Trustee, on behal…

813-070-0050 Refusal of Program Loans; Disclosure (1) An Approved Lender shall proceed in good faith to process a Program Loan application and make the Program Loan if: (a) Loan funds are available; (b) The application is complete; (c) The application appears to comply with the P…

813-070-0055 Approved Servicer (1) Any commercial bank, savings and loan association, savings bank, mortgage banker or other Person legally authorized to engage in the business of servicing loans for residential housing may apply to become an Approved Servicer. An applicant wishi…

813-070-0065 Federal Eligibility Requirements (1) Section 143 of the Internal Revenue Code of 1986, as amended, requires the Department to meet certain requirements in order to preserve the federal tax exemption for Bonds issued to finance Program Loans. These requirements: (a) R…

813-080-0005 Purpose and Objectives (1) The rules of this division, are established to administer and enforce ORS 456.515 through 456.725, specifically 456.605. These rules, together with the Program’s Procedural Guide, shall implement the Mortgage Credit Certificate Program. The…

813-080-0010 Definitions All terms are used in this Division, as defined in the Act, and as provided in OAR 813-005-0005 and herein. As used in these rules, unless otherwise indicated by the context: (1) “Acquisition Cost” has the meaning given that term under Section 143(k)(3) o…