Oregon Administrative Code

813-110-0031 Charges (1) A lending institution claiming OAHTC program tax credits under ORS 317.097 shall pay a base charge of 5 percent of the annual tax credits claimed to OHCS annually. (2) The Annual Report for the preceding year is due by May 31st. (3) OHCS may assess a $100…

813-110-0035 Community Rehabilitation Project Certification (1) A local government or its designated agent that certifies as a participant in a community rehabilitation program shall certify to OHCS that the OAHTC program tax credits for the community rehabilitation program fall …

813-110-0037 Use of Project; Transfer of Title (1) The sponsoring entity and the owner of a project, including legally registered owners of a manufactured dwelling park, any successors, assigns or transferees shall operate and maintain the project in a manner consistent with prog…

813-110-0050 Waiver The Director may waive or modify any requirements of these Program rules unless such waiver or modification would violate applicable state statute or federal regulations. Statutory/Other Authority: ORS 317.097 & ORS 456.515 - 456.725 Statutes/Other Implemented…

813-112-0000 Purpose and Objectives OAR chapter 813, division 112 establishes the responsibilities of Oregon Housing and Community Services (OHCS) for the assessment and identification of cities with populations greater than 10,000 experiencing severe rent burden. These rules pro…

813-112-0010 Definitions Terms used throughout OAR chapter 813, division 112 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) “Governing bod…

813-112-0020 Designation and Reporting No later than the March 1 of each year, OHCS must: (1) Gather the most current data available from the United States Census Bureau, or any other source OHCS considers at least as reliable, to determine the percentage of severely rent burdene…

813-112-0030 Public Meeting (1) The governing body of each applicable city identified by OHCS, as determined by the data and analysis described in OAR 813-112-0020, must conduct at least one public meeting no later than December 31 of the year in which OHCS provided the qualifyin…

813-115-0001 Purpose and Objectives The rules of OAR chapter 813, Division 115, describe a required process for Publicly Supported Housing Contract Preservation. This process is defined in ORS 456.766 through 456.813 and 456.828 which provides a framework to help preserve the aff…

813-115-0010 Definitions Terms used throughout this Division (OAR 813-115) may be defined in Oregon Revised Statute (ORS 456.766) or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions, except as defined below: (1) “Afford…

813-115-0020 Inclusion of Local Government Subsidy Program Properties as Publicly Supported Housing (1) A local government may make an application to OHCS requesting that a local subsidy program be included in the definition of publicly supported housing as provided by ORS 456.76…

813-115-0030 Required Notices by Owner to OHCS and Other Qualified Purchasers (1) The owner of a participating property must provide OHCS and any qualified purchaser of the participating property timely notices of expiration of affordability restrictions or of the owner’s request…

813-115-0035 Required Notice by Owner to Tenants and Prospective Tenants of Properties with OHCS Restrictions (1) In addition to the notices required under ORS 456.781 and ORS 456.814, and OAR 813-115-0030, owners of publicly supported housing properties subject to OHCS restricti…

813-115-0050 Qualified Purchaser Access to Property, Records and Documents After providing notice as required under ORS 456.260 and described in OAR 813-115-0030, the property owner must provide a qualified purchaser access to documents as required by ORS 456.262. For the purpose…

813-115-0060 Recording Notices of Right of First Refusal (1) After submitting an offer to the property owner as outlined in ORS 456.814, a qualified purchaser may record—in the real property records of the county or counties within which the relevant participating property is loc…

813-115-0070 Qualified Purchaser Right of First Refusal; Third Party Offer (1) Before selling a participating property that is subject to a recorded notice of right of first refusal, under ORS 456.262, to a third party other than a qualified purchaser, the property owner shall pr…

813-120-0001 Purpose and Objectives OAR chapter 813, division 120, is promulgated to accomplish the general purpose of the U.S. Department of Housing and Urban Development (HUD) Final Rule for the HOME Investment Partnerships Program, 24 C.F.R. Part 92, and to implement the Orego…

813-120-0010 Definitions All terms used in OAR chapter 813, division 120, are defined in the Act, in 24 C.F.R. Part 92, in 813-005-0005 and herein. As used in OAR chapter 813, division 120, unless the context indicates otherwise: (1) “Adjusted Income” means a Family’s annual inco…

813-120-0025 Application Procedure and Requirements (1) The Department may distribute HOME funds, subject to availability of funds in the Program, through a process which may involve but is not limited to a first come — first reviewed process, demonstration program, a competitive…

813-120-0032 Application Review (1) The Department shall consider an application and approve or deny the application, or request additional information within the timeframe set forth in the application materials. (2). If the Department proposes to award HOME funds on an applicati…

813-120-0035 Form of Assistance (1) The Department shall provide funds for he acquisition, construction and rehabilitation of housing, including Transitional Housing, affordable to Low-and Very Low-Income Families, and Tenant-Based Rental Assistance to Low- and Very-Low-Income Fa…

813-120-0040 Eligible Costs for HOME Activities Costs are determined as eligible to be paid with HOME funds to the extent that they promote housing affordability. Eligible costs include: (1) Development hard costs such as the actual costs of constructing or rehabilitating housing…

813-120-0045 Eligible Activities (1) The Department may provide funds for the following categories of activities. The Department may restrict the availability of Program funds for each such category at the time it solicits applications. (2) Homeowner Rehabilitation: For rehabilit…

813-120-0047 Distribution and Expenditure of Funds (1) The Department will follow the allocation strategies as outlined in the Consolidated Plan or its successor the program information described in OAR 813-120-0060 which may distribute funds based on a formula that takes onto ac…

813-120-0050 HOME Affordability Requirements HOME affordability requirements vary according to the amount of HOME funds invested and the activity involved. The Department may choose to include one or all of the activities in its Program. Affordability is defined as follows: (1) F…

813-120-0060 Program Information (1) The Department has adopted guidelines for the HOME Program regarding application procedures, Project eligibility, Project selection criteria, forms of financial assistance available, and other applicable information. Program guidelines are pub…

813-120-0110 General Administrative and Monitoring Requirements (1) The following general administrative and reporting requirements apply under the HOME Program: (a) The requirements of 24 CFR Parts 44,45 and 85 apply to State Recipients and Subrecipients, and the requirements of…

813-120-0120 Remedies for Noncompliance (1) At any time before expiration of the affordability requirements contained in OAR 813-120-0050 that are applicable to a Recipient, the Department may, for cause, find that the Recipient is not in compliance with the requirements of the P…

813-120-0130 Sanctions (1) The Department may invoke sanctions against a State Recipient, Subrecipient or Recipient that fails to comply with its HOME Agreement. Sanctions will not be imposed by the Department until the State Recipient, Subrecipient or Recipient has been notified…

813-120-0140 Request for Reconsideration; Waiver (1) An Applicant may, in writing, request the Director reconsider the Department’s funding decision. The Applicant’s request shall be filed with the office of the Director within 30 days of the Department’s funding decision and sha…

813-125-0006 Purpose and Objectives OAR chapter 813, division 125 is established to enact the Co-Location of Affordable Rental Housing and Early Care and Education (CARE) as requested through a budget note in House Bill 5011 (2021). CARE is also subject to the Department’s genera…

813-125-0011 Definitions Terms used throughout OAR chapter 813, division 125 may be defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions except as defined below: (1) “Affordable Ho…

813-125-0016 Availability and Source of CARE Funds (1) CARE funds were authorized through the Oregon Emergency Board in 2022 after a program framework was provided and approved by that body. CARE funds, at the discretion of the Department, may be administered internally or in par…

813-125-0021 Eligibility for CARE Resources The Department, individually, in partnership with other state agencies, or through a Third Party Administrator will distribute CARE resources for the Co-Location of affordable housing and early learning and care centers. Funds will be d…

813-125-0026 Third Party Administrator Selection Criteria If the Department determines that a Third Party Administrator is in the best interest of the State of Oregon, the following criteria may be included as part of the selection process: (1) The Administrator meets the definit…

813-125-0031 Program Criteria The Department may establish or utilize a Third Party Administrator to develop program criteria that results in additional ECE slots through the use of Co-Location. Encouraging Co-Location of ECE Facilities within or on the grounds of affordable hous…

813-125-0036 Program Continuation (1) The CARE program includes capital resources in the form of grants, loans and other financial incentives or assistance, depending largely upon individual project need. Loans must include loan terms and interest rates though interest rates shal…

813-125-0041 Program Oversight (1) The Department requires information from project awardees on an annual basis from the date of the origination of a loan, grant, or other financial incentive until the shorter of the end of the award agreement or termination of the program. (2) R…

813-125-0046 Third Party Administrator Oversight In cooperation and collaboration with the DOE Early Learning Division, the Department will provide oversight to a Third Party Administrator if one is determined to be in the best interest of the program. Oversight may be establishe…

813-125-0051 Third Party Administrator Fees & Changes In the event of a Third Party Administrator, the Department may establish a longer term contract and the Third Party Administrator may establish a loan fee structure for loans delivered under a lon-term contract with the Depar…

813-130-0000 Purpose and Objectives OAR chapter 813, division 130, is promulgated to carry out the provisions of the HELP Program. The department receives HELP funds from the U.S. Department of Housing and Urban Development (HUD) under Section 1012 of the Steward B. McKinney Home…

813-130-0010 Definitions Certain terms used in OAR chapter 813, division 130, are defined in the Act, 813-005-0005, and herein. Other terms may be identified in the text of this division (including by incorporation), otherwise in chapter 813, or applicable law. As used in OAR cha…

813-130-0020 Eligible Applicants for HELP Funds Eligible recipients for HELP funds include units of general local government and nonprofit organizations that propose to construct, acquire and/or rehabilitate projects with rental housing units for very low income tenants. Statutor…

813-130-0030 Eligible Activities for HELP Funds HELP funds provided by the department shall be used for the construction, acquisition and/or rehabilitation of projects with rental housing units for very low income tenants. Statutory/Other Authority: ORS 456.555 Statutes/Other Imp…

813-130-0040 Eligible Costs for HELP Funds Project costs eligible for HELP assistance are costs that promote housing affordability and include, but are not limited to: (1) Development hard costs, such as the actual costs of constructing or rehabilitating rental housing; (2) Costs…

813-130-0050 HELP Affordability Requirements (1) A use agreement executed by the department and a recipient shall include covenants and restrictions running with land (that will be binding upon the recipient and any successors in title to the project) that require such project to…

813-130-0060 Program Requirements The department has developed policies and guidelines for the HELP program, which supplement division 120 and 24 CFR 813. These policies and guidelines are contained in the HELP manual and further address application procedures, project eligibilit…

813-130-0070 Distribution of Funds The department may distribute HELP funds consistent with OAR chapter 813 and pursuant to relevant solicitation documents including, but not limited to a Notice of Funding Availability (“NOFA”) or as otherwise determined by the department. Statut…

813-130-0080 Application Procedure and Requirements (1) The process to obtain HELP assistance typically will be spelled out in the solicitation documents issued by the department. In addition to, or in lieu of formal solicitation documents, the department may provide other means …

813-130-0090 Application Review (1) An application for assistance from the HELP program is subject to the department’s evaluation and approval or disapproval according to criteria in the solicitation documents or otherwise that may include, but are not limited to the following: (…