292 sections in this chapter.
ORS 456.470 [1975 c.433 §1; repealed by 1975 c.433 §11]
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[Repealed or reserved.]
ORS 456.472 [1975 c.433 §2; repealed by 1975 c.433 §11]
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[Repealed or reserved.]
ORS 456.475 [1975 c.433 §3; repealed by 1975 c.433 §11]
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[Repealed or reserved.]
ORS 456.477 [1975 c.433 §4; repealed by 1975 c.433 §11]
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[Repealed or reserved.]
ORS 456.480 [1975 c.433 §5; repealed by 1975 c.433 §11]
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[Repealed or reserved.]
ORS 456.482 [1975 c.433 §6; repealed by 1975 c.433 §11]
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[Repealed or reserved.]
ORS 456.485 [1975 c.433 §7; repealed by 1975 c.433 §11]
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[Repealed or reserved.]
ORS 456.487 [1975 c.433 §8; repealed by 1975 c.433 §11]
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[Repealed or reserved.]
ORS 456.490 [1975 c.433 §9; repealed by 1975 c.433 §11]
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[Repealed or reserved.]
ORS 456.492 [1975 c.433 §10; repealed by 1975 c.433 §11]
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[Repealed or reserved.]
ORS 456.495 [1975 c.433 §11; repealed by 1975 c.433 §11]
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RURAL RENTAL HOUSING LOANS
ORS 456.500 Legislative findings; required notice of loan maturity; mailing; consequences of failure to provide notice. (1) The Legislative Assembly finds that
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(a) There is a significant number of rental properties in this state whose owners have obtained rural rental housing loans from Rural Development or the Farm Service Agency of the United States Department of Agriculture under 7 C.F.R. 3560. Many of these rental properties contain…
ORS 456.502 Affordable Housing Land Acquisition Revolving Loan Program; rules. (1) The Affordable Housing Land Acquisition Revolving Loan Program is established within the Housing and Community Services Department. The purpose of the program is to provide financial assistance to eligible organizations to purchase land for affordable housing development. The department may contract with a qualifying nonprofit organization to serve in a fiduciary capacity as program administrator
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(2) The department or the program administrator, with the department’s approval, may make loans to eligible organizations to purchase land on which to develop affordable housing and to build facilities intended to provide supportive services to affordable housing residents and lo…
ORS 456.505 [Repealed by 2023 c.193 §27]
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SUBSIDIZED DEVELOPMENT VISITABILITY
ORS 456.506 Findings. The Legislative Assembly finds and declares that
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(1) People with disabilities and senior citizens over 85 years of age are the fastest growing population in Oregon. The second fastest growing population in Oregon are the members of the massive baby boom generation, who will, as they age, demand services and accommodations at an…
ORS 456.508 Definitions for ORS 456.510 and 456.513. As used in ORS 456.510 and 456.513
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(1) “Accessible” means that housing complies with federal accessibility guidelines implementing the Fair Housing Amendments Act of 1988, 42 U.S.C. 3601 et seq., as amended and in effect on January 1, 2004. (2) “Common living space” means a living room, family room, dining room or…
ORS 456.510 Visitability requirements. (1) Except as provided in this section and ORS 456.513, the Housing and Community Services Department may not provide funding for the development of new rental housing that is a subsidized development unless
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(a) Each dwelling unit of the housing meets the following requirements: (A) At least one visitable exterior route leading to a dwelling unit entrance that is stepless and has a minimum clearance of 32 inches. (B) One or more visitable routes between the visitable dwelling unit en…
ORS 456.513 Exemption from visitability requirements. The Housing and Community Services Department shall exempt new rental housing that is a subsidized development from compliance with the requirements of ORS 456.510 if the department determines that the exemption is warranted by
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(1) The topography at the construction site; (2) Community and design standards; (3) Undue costs or constraints; or (4) Conflicting funding requirements of another government agency if the agency contributes a significant amount of financial aid for the housing. [2003 c.431 §4] N…
ORS 456.514 Rules. The Housing and Community Services Department shall adopt rules for implementing, administering and enforcing ORS 456.510 and 456.513. The department shall consult with advocacy groups representing affordable housing interests and advocacy groups representing individuals with mobility impairments prior to adopting rules under this section. [2003 c.431 §5]
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Note: See note under 456.506. HOUSING AND COMMUNITY SERVICES DEPARTMENT (Definitions)
ORS 456.515 Definitions for ORS 456.515 to 456.828 and ORS chapter 458. As used in ORS 456.515 to 456.828 and ORS chapter 458 unless the context requires otherwise
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(1) “Accessible unit” means a dwelling unit designed and constructed for accessibility as defined by the Housing and Community Services Department by rule in consultation with the Department of Consumer and Business Services. (2) “Community Action Partnership of Oregon” means an …
ORS 456.519 General obligation bonds authorized. In order to provide funds for the purposes specified in Article XI-I(2) of the Oregon Constitution, including those specified in ORS 456.539, the Director of the Housing and Community Services Department may request the State Treasurer to issue bonds in accordance with the provisions of ORS chapter 286A. [1977 c.485 §2; 1981 c.660 §38; 1993 c.511 §2; 2007 c.783 §196]
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[Repealed or reserved.]
ORS 456.524 [1977 c.485 §3; 1979 c.327 §18; repealed by 1981 c.660 §18]
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[Repealed or reserved.]
ORS 456.527 [1977 c.485 §4; 1979 c.327 §19; repealed by 1981 c.660 §18]
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[Repealed or reserved.]
ORS 456.530 Willingness to make residential loans factor in selecting depositaries. Notwithstanding ORS 293.721 and 293.726 and subject to the provisions of any agreement with holders of bonds issued pursuant to ORS 456.519 or 456.524 (1979 Replacement Part), the Housing and Community Services Department may consider the willingness or commitment of a lending institution as defined in ORS 456.548 to make loans for residential housing as a factor in selecting depositaries and otherwise investing funds held under ORS 456.515 to 456.828 in or through such lending institutions. [1981 c.504 §3; 1995 c.79 §239]
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[Repealed or reserved.]
ORS 456.531 [1977 c.485 §5; repealed by 1981 c.660 §18]
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[Repealed or reserved.]
ORS 456.535 Elderly and Disabled Housing Fund. The money realized from the sale of each issue of bonds shall be credited to a special fund in the State Treasury, separate and distinct from the General Fund, to be designated the Elderly and Disabled Housing Fund. Moneys in the Elderly and Disabled Housing Fund are continuously appropriated to the Housing and Community Services Department for the purpose of carrying out the provisions of ORS 456.515 to 456.828. Moneys in the fund may not be used for any other purpose, except that the moneys, with the approval of the State Treasurer, may be invested as provided by ORS 293.701 to 293.857 and the earnings from the investments shall be deposited into the Elderly and Disabled Housing Sinking Fund maintained under ORS 456.543. [1977 c.485 §6; 1981 c.695 §3; 1995 c.79 §240; 2005 c.755 §41]
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[Repealed or reserved.]
ORS 456.539 Administration of Elderly and Disabled Housing Fund; rules. (1) The Housing and Community Services Department shall be the agency for the State of Oregon for the administration of the Elderly and Disabled Housing Fund. Except as otherwise provided in ORS 456.515 to 456.828, the provisions of ORS 456.515 to 456.828 are applicable to the administration of the Elderly and Disabled Housing Fund
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(2) The department is authorized to use the Elderly and Disabled Housing Fund to advance funds, by contract, grant, loan or otherwise, as provided by Article XI-I(2) of the Oregon Constitution to finance multifamily housing for elderly households, persons with disabilities and th…
ORS 456.540 Requirements for elderly housing project upon retirement of bond obligations. (1) As used in this section
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(a) “Elderly household” has the meaning given that term in ORS 456.515. (b) “Elderly housing project” means a residential care facility as defined in ORS 443.400, including but not limited to an assisted living facility, or an independent living community, that is: (A) Financed t…
ORS 456.541 Project applications for housing serving persons with disabilities. The Housing and Community Services Department shall and the Oregon Housing Stability Council may consult generally with the Department of Human Services and such other persons as the council or Housing and Community Services Department may consider appropriate concerning project applications for housing for disabled households. The Housing and Community Services Department shall seek comment on such project applications concerning
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(1) The need for and design of the project generally, considering the proposed location of the housing; (2) The means proposed for screening eligibility for occupancy to assure that priority will be given to members of the target populations of persons with disabilities; and (3) …
ORS 456.543 Elderly and Disabled Housing Sinking Fund. (1) The Housing and Community Services Department shall maintain, with the State Treasurer, an Elderly and Disabled Housing Sinking Fund, separate and distinct from the General Fund. The Elderly and Disabled Housing Sinking Fund shall provide for the payment of the principal and interest upon bonds issued under authority of Article XI-I(2), Oregon Constitution, and ORS 456.515 to 456.828. Moneys in the sinking fund are continuously appropriated to the department for such purpose. Moneys in the Elderly and Disabled Housing Sinking Fund may be invested by the State Treasurer as provided by ORS 286A.025 and 293.701 to 293.857 or, with the approval of the State Treasurer, by the Director of the Housing and Community Services Department through a trustee. Investment earnings shall be credited to the Elderly and Disabled Housing Sinking Fund
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(2) The Elderly and Disabled Housing Sinking Fund shall consist of: (a) All moneys received from contract or loan proceeds; (b) Bond reserves; (c) Other funds available for these purposes; and (d) If necessary, state ad valorem taxes provided by Article XI-I(2), Oregon Constituti…
ORS 456.545 Report to Legislative Assembly on accessibility of housing funded by department. On or before September 15 of each year, the Housing and Community Services Department shall provide a report to an appropriate interim committee of the Legislative Assembly in the manner provided in ORS 192.245 that includes, of the dwelling units that the department provided loans, grants or other funding awards to, the number and percentage that include accessibility features of an accessibility category recognized under a state building code established under ORS 455.030, disaggregated by category. [2023 c.540 §2]
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[Repealed or reserved.]
ORS 456.546 Senior housing development initiative. (1) The Housing and Community Services Department shall establish and maintain a senior housing development initiative to incentivize housing targeted to older adults and persons with disabilities, including housing that prioritizes visitability and accessibility, but not including housing for the purpose of providing care. Under the initiative, the department shall
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(a) Make available state and federal resources to support the development, rehabilitation and preservation of housing for older adults and persons with disabilities, and leverage existing moneys to increase development, redevelopment and preservation opportunities. (b) Provide te…
ORS 456.547 Assistance, grants and gifts to department for housing purposes. The Housing and Community Services Department may accept assistance, grants and gifts, in the form of money, land, services or any other thing of value from the United States or any of its agencies, or from other persons, for any of the purposes contemplated by Article XI-I(2) of the Oregon Constitution and by ORS 456.515 to 456.828 and ORS chapter 458. Unless enjoined by the terms and conditions of any such gift or grant, the department may convert the same or any of them into money through sale or other disposal thereof. [1977 c.485 §9; 1995 c.79 §243]
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[Repealed or reserved.]
ORS 456.548 Definitions for ORS 456.548 to 456.828. As used in ORS 456.548 to 456.828, unless the context requires otherwise
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(1) “Bonds” means any bonds, as defined in ORS 286A.001, or any other evidence of indebtedness, issued under ORS 456.515 to 456.828 or issued in anticipation of bonds and payable from the proceeds of bonds issued. (2) “Capital reserve account” or “capital reserve accounts” means …
ORS 456.550 Policy. (1) There exists in this state a seriously inadequate supply of and a pressing need for safe and sanitary dwelling accommodations within the financial means of persons and families of lower income, including but not limited to persons and families displaced by the clearing of slums and blighted areas or by other public programs
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(2) Private lending institutions have been and will continue to be unable to provide necessary financial support for lower income housing and the resulting shortage of financing has been in whole or in part responsible for the shortage of lower income housing; (3) It is a valid p…
ORS 456.553 [1989 c.307 §1 (enacted in lieu of 456.554); repealed by 1991 c.739 §1 (456.555 enacted in lieu of 456.553)]
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[Repealed or reserved.]
ORS 456.554 [Formerly 456.560; 1987 c.414 §15; repealed by 1989 c.307 §2 (456.553 enacted in lieu of 456.554)]
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[Repealed or reserved.]
ORS 456.555 Housing and Community Services Department established; appointment of director; rules; fees. (1) The Housing and Community Services Department is established
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(2) The department is supervised and controlled by a director who is responsible for the performance of the duties imposed upon the department. The Governor shall appoint the Director of the Housing and Community Services Department. The director shall hold office at the pleasure…
ORS 456.559 Powers and duties of department. (1) The Housing and Community Services Department shall
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(a) Maintain current housing data and information concerning available programs, status of funding, programs planned or undertaken which might conflict with, overlap, duplicate or supersede other planned or existing programs and call these to the attention of appropriate state ag…
ORS 456.560 [1971 c.505 §2; renumbered 456.554]
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[Repealed or reserved.]
ORS 456.561 Loans, grants and funding awards; review. (1) The Housing and Community Services Department may effect loans, grants and other funding awards to accomplish department housing programs, subject to any requirement under this section for review and approval by the Oregon Housing Stability Council of proposals for loans, grants or other funding awards
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(2) The department shall submit a loan, grant or other funding award proposal arising under ORS 456.515 to 456.828 programs to the council for review if the proposal is for: (a) A housing loan on property that has a purchase price in excess of an applicable threshold property pur…
ORS 456.562 Department intellectual property; fees. (1) As used in this section
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(a) “Intellectual property” means computer programs, software, software tools and data. (b) “Person” means a person as defined in ORS 174.100, a federal, state or local government body, a Native American tribe or an agent or representative of a tribe. (2) Subject to any superior …
ORS 456.563 [Formerly 456.580; repealed by 1989 c.307 §8]
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[Repealed or reserved.]
ORS 456.565 Powers of director. The Director of the Housing and Community Services Department, in addition to the director’s other powers, shall have the power, subject to the applicable provisions of the State Personnel Relations Law, to appoint all subordinate officers and employees of the Housing and Community Services Department and prescribe their duties and fix their compensation. [1991 c.739 §13]
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[Repealed or reserved.]
ORS 456.567 Oregon Housing Stability Council; appointment; term; officers; compensation; staff; budget duties. (1) The Oregon Housing Stability Council is established. The council shall consist of nine members appointed by the Governor subject to confirmation by the Senate under ORS 171.562 and 171.565. In appointing members, the Governor shall seek to appoint persons from all geographic regions of the state and with expertise in housing programs and related services to persons experiencing poverty
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(2) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If t…
ORS 456.569 Authority of Housing and Community Services Department to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Housing and Community Services Department may require the fingerprints of a person who
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(1)(a) Is employed or applying for employment by the department; or (b) Provides services or seeks to provide services to the department as a contractor, vendor or volunteer; and (2) Is, or will be, working or providing services in a position: (a) In which the person is providing…
ORS 456.570 [1971 c.505 §§4,5; 1973 c.828 §2; 1973 c.832 §4; 1979 c.327 §28; renumbered 456.559]
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[Repealed or reserved.]
ORS 456.571 Powers and duties of council. (1) The Oregon Housing Stability Council shall, with the advice of the Director of the Housing and Community Services Department, develop policies to
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(a) Aid in stimulating and increasing the supply of housing for persons and families of lower income; (b) Address geographic and racial disparities; and (c) Ensure funds distributed by the Housing and Community Services Department contribute to addressing other state priorities. …
ORS 456.572 State housing plan; contents; annual update. (1) The Housing and Community Services Department shall develop a comprehensive state plan for responding to the needs of very low income, low income and moderate income Oregonians for housing and services, with the goal of providing affordable housing. The department shall ensure that the development, annual updating and implementation of the state housing plan involve substantial interagency coordination among appropriate federal, state and local entities. The department shall provide the Oregon Housing Stability Council with adequate opportunity to review and provide input on the state housing plan to the department prior to the development, annual updating and implementation of the state housing plan
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(2) The state housing plan shall contain, at a minimum: (a) Information on market and inventory conditions including, but not limited to, population trends, household composition, housing conditions and an inventory of assisted housing and public housing; (b) A needs assessment t…
ORS 456.574 Housing and Community Services Department Fund. (1) There is created in the General Fund of the State Treasury the Housing and Community Services Department Fund. All moneys deposited in the fund are continuously appropriated for the purposes of carrying out the programs which the Housing and Community Services Department is charged with administering subject to limitations otherwise prescribed by law
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(2) The department may transfer to the fund amounts not to exceed $250,000 from funds available to the department. Moneys in the fund are continuously appropriated to the department to: (a) Make advances under ORS 456.559 (1)(d) or 456.710; and (b) Pay expenses incurred by the de…