Oregon Administrative Code

813-310-0015 Federal and State Requirements Resolution Where other state and federal accessibility requirements apply, including but not limited to the Americans with Disabilities Act requirements, that differ from these visitability requirements and both apply to a subsidized de…

813-310-0020 Definitions All words and terms used in OAR 813, division 310, are defined as follows: (1) “Accessible” means, as defined in ORS 456.508(1), that housing complies with federal accessibility guidelines implementing the Fair Housing Amendments Act of 1988, 42 U.S.C. 36…

813-310-0025 Visitability Requirements Except as provided in ORS 456.513 and consistent with these rules, the Department may not provide funding for the development of new rental housing that is a subsidized development unless: (1) Each dwelling unit of the housing meets the foll…

813-310-0030 Community Powder Room (1) Except as provided by subsection (2) of this section, the required community powder room shall be available for use 24-hours per day, 7 days per week. This availability may be provided by on-site or on-call staff, through the use of keys, ke…

813-310-0035 Visitable Exterior Route Requirements Each visitable unit must be connected to common use areas (such as parking, lobbies, mailboxes, management offices, recreational facilities, laundries and garbage and recycling areas) by a visitable exterior route. Statutory/Othe…

813-310-0040 Walk, Ramp, Handrail and Curb Ramp Requirements To satisfy the visitability requirements of this division, relevant walks, ramps, handrails and curbs must meet requirements as follows: (1) Walks. Walks along a visitable exterior route shall meet the following criteri…

813-310-0045 Visitable Exterior Unit Entrance Requirements Visitable exterior unit entrances to dwelling units shall meet the following criteria: (1) Adjacent Surfaces. Each visitable entrance shall have a flat surface immediately adjacent to and level with the entrance. On the e…

813-310-0050 Visitable Interior Route and Doorway Requirements (1) Hallways along a visitable route shall have a minimum clearance of 36 inches, and doorways along that route shall have a minimum clearance of 32 inches. (2) The maximum threshold height for visitable interior door…

813-310-0055 Light Switches, Electrical Outlets and Environmental Control Requirements Light switches, electrical outlets and environmental controls in the dwelling units shall be installed no lower than 15 inches, or any higher than 48 inches, above the adjacent floor level. Sta…

813-310-0060 Group Home Visitability Requirements Group homes are generally considered to be a single unit. Consequently, as with a single unit, these rules require only one visitable exterior route, one visitable entrance, and one powder room with a visitable interior route and …

813-310-0065 Exemptions The Department shall exempt new rental housing that is a subsidized development from compliance with the requirements of OAR 813-310 if the Department determines that the exemption is warranted by: (1) The topography at the construction site. An exemption …

813-310-0070 Application for Exemptions from Visitability Requirements (1) To request an exemption from any rule under chapter 813-310, the applicant must complete an OHCS Exemption Request Form. Exemption Request Forms may be obtained by contacting the OHCS Housing Resources Sec…

813-310-0075 Approval or Disapproval of Requested Visitability Exemptions (1) The Department may grant exemptions to the visitability requirement of this division in a manner and to a degree consistent with these rules, acting on its own initiative or at the request of an applica…

813-310-0080 Classifying Exemptions For administrative purposes including without limitation, for purposes of justification, record keeping and analysis of exemptions, the Department may classify exemptions into the following categories, or combination of such categories: (1) Top…

813-310-0085 Exemption Request Timing (1) Exemptions may be requested by an applicant or allowed by the Department at any time during the development of a project prior to the issuance of a certificate of occupancy. The Department encourages exemption requests prior to the submit…

813-310-0090 Good Faith An applicant who requests an exemption from the requirements of these rules must act in good faith in making the request and in performing any action prior to and related to the request, including the creation of the conditions that support the need or jus…

813-310-0095 Exemption for Funding Rejection Prior to July 1, 2004; Continued Funding Until July 1, 2006, the Department may exempt projects that were submitted and rejected for Consolidated Funding Cycle funding prior to the effective date of these rules, July 1, 2004, if compli…

813-310-0100 Remedies At their own expense, applicants, owners or developers of any development subject to the rules of this division shall prepare, execute and record, in form, manner and content as the Department may require, such documents as the Department may require, includ…

813-310-0105 Effective Date The rules in OAR 813-310 become operative July 1, 2004. Statutory/Other Authority: ORS 183 & 456.514 Statutes/Other Implemented: ORS 456.506 - 456.514 History: OHCS 3-2004, f. & cert. ef. 6-28-04

813-310-0110 Waiver The Department may waive or modify any requirement of OAR 813-310, unless such waiver or modification would violate applicable state or federal statutes or regulations. Statutory/Other Authority: ORS 183 & 456.514 Statutes/Other Implemented: ORS 456.506 - 456.…

813-350-0005 Purpose and Objectives OAR 813, division 350 is promulgated to accomplish the general purposes of ORS 456.515 to 456.725, and more specifically, of 456.625(12) and 456.625(16), which respectively authorize the Department to implement actions that the Department deems…

813-350-0010 Definitions (1) Words and terms are used in OAR 813, division 350, consistently with definitions in the Act, in 813-005-0005 and herein. (2) As used in OAR 813, division 350, unless otherwise indicated by the context: (a) “Control” means the ownership, management, or…

813-350-0020 Source of Guarantee Funding The Department may provide loan and lease guarantees under this division from: (1) Unrestricted cash and investments of the Department made available for use as loan and lease guarantees, not needed for operations of the Department and not…

813-350-0030 Eligibility for Guarantees (1) The Department may provide guarantees for the partial repayment of loans made by lenders to finance the construction, development, acquisition, and/or rehabilitation of, and/or for the partial repayment of leases made by sponsors or lea…

813-350-0040 Application Procedure and Requirements (1) To obtain a loan or lease guarantee under this division, a lender, sponsor or leasing company must submit a request for a loan or lease guarantee to the Department, in form and content satisfactory to the Department. (2) The…

813-350-0050 Criteria for Guarantees (1) The Department has no obligation to issue any loan and/or lease guarantee in response to any loan and/or lease guarantee request made pursuant to this division. (2) In evaluating whether or not to provide a loan and/or lease guarantee, or …

813-350-0060 Fees (1) A nonrefundable fee of $250.00 must be submitted with each request for a loan and/or lease guarantee. (2) A lender, sponsor or leasing company receiving a loan or lease guarantee will be charged, and must pay, an annual fee of one percent of the guaranteed a…

813-350-0070 Waiver The Director may waive or modify any requirement of OAR 813, division 350, unless such waiver or modification would violate applicable state or federal statutes or regulations. Statutory/Other Authority: ORS 183, 456.555(2) & 456.625(12)(16) Statutes/Other Imp…

813-360-0000 Purpose and Objectives The purpose of OAR chapter 813, division 360, of the administrative rules is to implement the Housing Choice Landlord Guarantee Program (HCLGP) as provided by ORS 456.375 to 456.390. Oregon Housing and Community Services (OHCS) is designated as…

813-360-0010 Definitions Terms used throughout this division (OAR 813-360) 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. For the purposes of this …

813-360-0020 Administration (1) OHCS will provide HCLGP administration or, in its sole discretion, may contract with a public or private provider for the administration of HCLGP. OHCS is not subject to the provisions of ORS Chapter 279A or 279B in procuring or executing such a co…

813-360-0030 Landlord Eligibility (1) In order to be eligible for HCLGP assistance, a landlord must have an executed rental or lease agreement under the Housing Choice Voucher Program or a Rehousing Initiative Certificate issued by a local housing provider under an eligible Rehou…

813-360-0045 Reporting and Recordkeeping (1) OHCS will retain and keep accessible all HCLGP records for such time as required by applicable law and state records retention requirements. (2) OHCS will maintain reports, data and financial information of HCLGP administration in acco…

813-360-0055 Administrative Review (1) Any landlord aggrieved by the actions of OHCS in administering or providing HCLGP may submit a written request to OHCS for its review of such contested action within 30 days of that action. (2) Any OHCS review will be in the manner determine…

813-365-0000 Purpose and Objectives The purpose of OAR chapter 813, division 365, of the administrative rules is to implement the Rent Guarantee Program (RGP) as provided by ORS 456.607 to 456.609. Oregon Housing and Community Services (OHCS) is designated as the state agency res…

813-365-0011 Definitions Terms used throughout this division (OAR 813-365) 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) “Application” m…

813-365-0015 Manual The Rent Guarantee Program Operations Manual (RGP Manual) with the requirements and standards therein, dated May 24, 2023, is incorporated into and adopted as part of this division of administrative rules, by reference. The RGP Manual may be accessed online at…

813-365-0021 Administration (1) OHCS, subject to applicable law, may contract with program providers to provide RGP services at the local level upon such terms as it determines to be satisfactory, in its sole discretion and subject to the OHCS rules and policies. (2) OHCS will po…

813-365-0030 Eligibility (1) In order to be eligible for RGP funds, a program provider must have an executed Program Provider-Landlord Agreement. (2) Applications for qualifying damages are submitted after an eligible tenant’s vacancy of an RGP-covered unit, either by voluntary m…

813-365-0045 Use of Funds (1) RGP funds will be used for RGP services and activities as further defined in the contract and RGP Manual. (2) Prior to approving an RGP application, OHCS will determine if the application is complete and satisfies the criteria necessary to be a quali…

813-365-0061 Reporting and Recordkeeping (1) Program providers shall maintain accurate financial records satisfactory to OHCS and consistent with RGP requirements, which document the receipt and disbursement of all funds provided through RGP by OHCS; and have an accounting system…

813-365-0065 Compliance Monitoring; Remedies (1) OHCS will conduct reviews, audits, and other compliance monitoring as it deems appropriate with respect to each program provider to verify compliance with RGP requirements. Program providers must cooperate fully with OHCS in its co…

813-365-0070 Administrative Review (1) Any landlord aggrieved by the actions of OHCS or a program provider in administering or providing RGP services may submit a written request to OHCS for its review of such contested action within 30 days of that action. (2) Any OHCS review wi…

813-375-0006 Purpose and Objectives (1) The purpose of these rules is to provide procedures, terms, and criteria for Grant(s) available through the Modular Housing Development Fund (MHDF). (2) The Oregon Housing and Community Services Department shall administer the MHDF to provi…

813-375-0011 DEFINITIONS Terms used throughout OAR chapter 813, division 375 may be defined in Oregon Revised Statute (ORS) or in the Department General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions except as defined below: (1) "Fund" m…

813-375-0016 EVALUATION CRITERIA Funds will be awarded by the Department using application evaluation criteria, including but not limited to: (1) Provide a plan to comply with legislative demand prioritization categories as by the Department that must be met in the order prescrib…

813-375-0021 ELIGIBLE GRANT USES New or expanded capacity uses shall demonstrate that funding will boost current or new production of modular home or component by, but not necessarily limited to, the following activities: (1) Increasing manufacturing space; (2) Purchasing equipme…

813-375-0026 FUND AWARD The Department, in its sole discretion, shall determine Grant(s) awarded from the Fund. (1) Upon approval of an award from the Fund, the Department will enter into a binding Grant Agreement with the successful Applicant(s). (2) The Grant Agreement shall be…

813-375-0031 PROGRAM ADMINISTRATION, REPORTING, AND OVERSIGHT The Department may require specific reporting provisions designed to track investment outcomes for the Oregon Legislature following funding award. Grantees may be required to report to the Department on progress made i…

813-380-0005 Purpose and Objectives OAR chapter 813, division 380, is promulgated to carry out the provisions of ORS 456.620 (4) instructing the Oregon Housing and Community Services (OHCS) to adopt a methodology for allocating the affordable housing portion of a housing developm…