Department notice of extension of affordability restrictions; recording; termination. (1) If a property owner or landlord does not timely provide notice required under ORS 456.781 (1) or (2) or 456.788 (3) or (4), the Housing and Community Services Department may record in the real property records of the county in which the property is located, without the consent of the owner, a notice of extension of affordability restrictions. All the terms of an expiring affordability restriction remain in effect during the term of the extension of affordability

(2) The notice permitted under subsection (1) of this section:

(a) May only be recorded prior to the termination date and after the department has provided the property owner at least 14 days’ written notice.

(b) May be recorded without regard to whether the owner gives notice to the department under ORS 456.781 (3)(b) or 456.788 (5)(b).

(3) A notice recorded under subsection (1) of this section must specify an ending date for the extension of affordability restrictions that is no later than the termination date or, if no termination date is ascertainable, no later than 30 months from the date of recording. [Formerly 456.261]

Note: See note under 456.788.