Occupancy requirements for dwellings on lands. (1) As used in this section, “primary residence” means housing occupied as an individual’s principal dwelling for a cumulative total of at least nine months of the calendar year and that the individual intends to maintain as the individual’s principal dwelling

(2) When a property developed on home start lands becomes available to sell under ORS 458.469, each deed conveying the property under ORS 458.469 must:

(a) Require that the property be the homeowner’s primary residence for a period of not less than five years and that this use be enforceable by the city or county in which the property is located and by the department; and

(b) Grant to the state, through the Oregon Department of Administrative Services, a right of first refusal to purchase the property that shall run concurrent with the applicable affordable housing covenant under ORS 458.467 (4)(a) or (b). [2025 c.481 §10]

Note: See note under 458.461.