Chapter 456 — Chapter 456
292 sections in this chapter.
ORS 456.705 Servicing loans. For the servicing of any residential, manufactured dwelling, manufactured dwelling park or manufactured dwelling park nonprofit cooperative loan made or acquired by the Housing and Community Services Department under ORS 456.515 to 456.828 and ORS chapter 458 the department may
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(1) Provide for servicing of the loan by its own staff. (2) Contract with the Director of Veterans’ Affairs for the performance of servicing functions for the loan. (3) For loans purchased by the department under ORS 456.635, contract with the lending institution selling such loa…
ORS 456.710 Department advances to qualified housing sponsors. (1) The Housing and Community Services Department may use moneys in the Housing and Community Services Department Fund to make noninterest-bearing advances to qualified nonprofit housing sponsors or interest-bearing advances to other qualified housing sponsors for use in payment by such sponsors of the development costs of proposed housing units or projects. The department may not make any advance under this subsection unless the department may reasonably anticipate that a residential, manufactured dwelling, manufactured dwelling park or manufactured dwelling park nonprofit cooperative loan may be obtained by the qualified housing sponsor for the permanent financing of the proposed housing unit or project
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(2) The proceeds of any advance granted by the department under subsection (1) of this section may be used by the qualified housing sponsor only for the development costs of a proposed housing unit or project or housing development. Each advance so granted shall be repaid in full…
ORS 456.715 Insurance of loans. (1) The Housing and Community Services Department may insure residential, manufactured dwelling, manufactured dwelling park and manufactured dwelling park nonprofit cooperative loans or obtain reinsurance on such loans. All such loans shall be used only to provide residential housing for persons and families of lower income and the insured must agree to any restrictions placed upon such residential housing by the department. The department may establish dedicated accounts within the Housing Finance Fund to provide reserves against losses in connection with that insurance
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(2) All applications for residential loan insurance under subsection (1) of this section shall be made on such forms and accompanied by such application fee as the department may prescribe. (3) The department shall notify the applicant of its determinations and the approval or de…
ORS 456.717 Interim construction financing for multifamily housing. (1) The Housing and Community Services Department may participate with a lending institution in providing interim construction financing for multifamily housing projects. Subject to the discretion of the department, such financing need not be insured or guaranteed
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(2) As used in this section, “multifamily housing” means, but is not limited to, projects which provide four or more living units, which projects may provide spaces for common use by the occupants in social and recreational activities. Projects under this section may include such…
ORS 456.720 Housing Finance Fund; Housing Development Account. (1) The Housing Finance Fund is established, separate and distinct from the General Fund. The Housing Finance Fund shall consist of the proceeds from the sale of bonds issued under ORS 456.645 and related refunding bonds, fees and other moneys received by the Housing and Community Services Department under ORS 456.548 to 456.828, moneys appropriated by the state for use by the department in carrying out ORS 456.548 to 456.828 and moneys made available from any other source for use by the department under ORS 456.548 to 456.828
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(2) Except as otherwise provided in this section, moneys in the fund may be expended by the department for the purposes authorized in ORS 456.548 to 456.828. Except as otherwise provided in this section for a capital reserve account, the department may establish one or more accou…
ORS 456.722 Preferences in funding grants to low-income housing providers; rules. (1)(a) The Housing and Community Services Department shall, when awarding public funds for low-income rental housing, give a substantial preference to low-income housing providers that do not require applicants for such housing to have net income greater than two times the rent
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(b) As used in this section, “public funds” includes all low-income rental housing grants, loans or tax credits administered or awarded by the department, whether state, federal or otherwise, but does not include funds derived from the sale of bonds by the department. (c) Enforce…
ORS 456.723 Legislative finding on bonding authority of department. The Legislative Assembly finds that
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(1) There exists a shortage of safe, affordable and readily available housing in this state, particularly for people of low income, fixed income or modest means. (2) It is in the best interests of the people of this state to insure that there is an adequate supply of housing for …
ORS 456.724 Prioritizing housing stabilization for infants; report. (1) The Housing and Community Services Department shall prioritize, whenever possible in the department’s discretion, families with children under 12 months of age, in adopting rules or policies to implement or administer programs that serve to promote housing stabilization for people experiencing homelessness or who are at risk of becoming homeless
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(2) On or before September 15 of each year, the department shall submit a report in the manner provided by ORS 192.245 to the interim committees of the Legislative Assembly related to housing on the rate of unsheltered homelessness among children in this state. [2025 c.598 §9]
ORS 456.725 Discrimination against purchaser with children prohibited; exceptions; rules. (1) Unless the qualified housing sponsor has agreed not to discriminate against the initial dwelling unit purchaser or any tenant who is a parent or legal guardian with whom a child resides or is expected to reside, the housing sponsor shall not be entitled to any benefits for the construction, substantial rehabilitation or permanent financing of multiple unit residential housing or owner occupied dwelling units in condominiums or cooperatives from any of the following
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(a) Any state financed or sponsored housing program. (b) Any tax exemption or limited assessment under ORS 307.600 to 307.637 or 308.450 to 308.481. (2) Subsection (1) of this section does not apply where the dwelling units are occupied exclusively by households, the heads of whi…
ORS 456.727 [1987 c.414 §11; repealed by 1993 c.744 §4]
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[Repealed or reserved.]
ORS 456.730 [1975 c.676 §1; renumbered 455.510 in 1987]
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[Repealed or reserved.]
ORS 456.732 [1987 c.414 §12; repealed by 1993 c.744 §4]
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[Repealed or reserved.]
ORS 456.735 [1975 c.676 §2; 1983 c.764 §1; renumbered 455.520 in 1987]
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[Repealed or reserved.]
ORS 456.737 [1987 c.414 §13; repealed by 1993 c.744 §4]
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[Repealed or reserved.]
ORS 456.740 [1975 c.676 §4; 1981 c.495 §1; renumbered 455.525 in 1987]
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[Repealed or reserved.]
ORS 456.741 [1987 c.414 §13a; repealed by 1993 c.744 §4]
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[Repealed or reserved.]
ORS 456.742 [Formerly 456.745; renumbered 455.530 in 1987]
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[Repealed or reserved.]
ORS 456.744 [1977 c.354 §3; renumbered 455.565 in 1987]
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[Repealed or reserved.]
ORS 456.745 [1975 c.676 §5; renumbered 456.742 and then 455.530]
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[Repealed or reserved.]
ORS 456.746 [1977 c.354 §2; renumbered 455.560 in 1987]
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[Repealed or reserved.]
ORS 456.747 [1977 c.354 §4; renumbered 455.570 in 1987]
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[Repealed or reserved.]
ORS 456.748 [1977 c.354 §5; renumbered 455.575 in 1987]
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[Repealed or reserved.]
ORS 456.749 [1977 c.354 §6; renumbered 455.580 in 1987]
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[Repealed or reserved.]
ORS 456.750 [1973 c.834 §1; renumbered 455.010 in 1987]
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[Repealed or reserved.]
ORS 456.752 [1987 c.414 §13b; 1993 c.744 §250a; renumbered 701.285 in 1993]
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[Repealed or reserved.]
ORS 456.753 [1977 c.816 §2; renumbered 456.915 and then 455.310]
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[Repealed or reserved.]
ORS 456.755 [1973 c.834 §2; 1979 c.838 §4; 1983 c.740 §179; renumbered 455.020 in 1987]
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[Repealed or reserved.]
ORS 456.756 [1975 c.571 §2; renumbered 455.410 in 1987]
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[Repealed or reserved.]
ORS 456.757 [Formerly 670.330; repealed by 1993 c.744 §252]
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[Repealed or reserved.]
ORS 456.758 [1975 c.646 §2; renumbered 456.917 and then 455.315]
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[Repealed or reserved.]
ORS 456.760 [1973 c.834 §3; 1975 c.607 §35; 1977 c.283 §3; 1979 c.875 §1; 1981 c.421 §3; 1987 c.58 §14; renumbered 455.210 (1) to (5) in 1987]
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[Repealed or reserved.]
ORS 456.762 [Formerly 670.340; repealed by 1993 c.744 §252]
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[Repealed or reserved.]
ORS 456.763 [1977 c.546 §§2,3; renumbered 455.420 in 1987]
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[Repealed or reserved.]
ORS 456.765 [1973 c.834 §4; repealed by 1977 c.283 §6]
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(Publicly Supported Housing Preservation)
ORS 456.766 Definitions for ORS 456.766 to 456.828. As used in ORS 456.766 to 456.828
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(1)(a) “Affordability restriction” means a limit on rents that a property owner may charge at a participating property or a limitation on the use of a participating property as set forth in a contract. (b) “Affordability restriction” does not include the requirements under ORS 45…
ORS 456.769 Legislative findings. (1) The Legislative Assembly finds and declares that
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(a) The maintenance of a pool of affordable housing for all citizens is a matter of statewide concern. (b) The contracts for many participating properties in this state that are publicly supported housing are about to expire or otherwise terminate. State and local governments nee…
ORS 456.770 [1973 c.834 §5; renumbered 455.110 in 1987]
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[Repealed or reserved.]
ORS 456.772 [1977 c.422 §§2,3; renumbered 455.425 in 1987]
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[Repealed or reserved.]
ORS 456.775 [1973 c.834 §6; 1977 c.283 §5; 1979 c.838 §5; renumbered 455.040 in 1987]
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[Repealed or reserved.]
ORS 456.776 Applicability; interpretation; rules. (1) ORS 456.766 to 456.828 do not apply to or restrict the acquisition of property by
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(a) A government that acquires the participating property by eminent domain or a negotiated purchase in lieu of eminent domain. (b) A purchaser of the participating property in a foreclosure sale that terminates the affordability restrictions. (c) A purchaser of the participating…
ORS 456.780 [1973 c.834 §7; renumbered 455.130 in 1987]
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[Repealed or reserved.]
ORS 456.781 Termination date notice to government; extension for failure to give timely notice; waiver. (1) The owner of a participating property shall deliver notice in a format prescribed by the Housing and Community Services Department, including by electronic delivery or by registered or certified mail, to each local government within which the participating property is located and to the department no sooner than 36 months prior and at least 30 months prior to the termination date when
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(a) A contract term will expire, permitting the owner to withdraw the participating property from publicly supported housing or limit affordability restrictions on the property; or (b) The owner intends to withdraw the participating property from publicly supported housing. (2) T…
ORS 456.785 [1973 c.834 §9; 1977 c.494 §1; renumbered 455.030 in 1987]
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[Repealed or reserved.]
ORS 456.787 [1979 c.838 §2; renumbered 455.635 in 1987]
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[Repealed or reserved.]
ORS 456.788 Termination date notice to tenants; extension for failure to give timely notice. (1) In addition to notices given under ORS 456.781 and 456.814, the owner of publicly supported housing as described in ORS 456.766 (6)(a)(B) in which the Housing and Community Services Department is a party to the contract must provide notice to the tenants under this section before the owner withdraws the participating property from publicly supported housing
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(2) The notice required under this section must be in substantially the form prescribed by the department by rule and must include: (a) That the owner intends to withdraw the property from publicly supported housing upon the specified termination date; (b) An explanation and any …
ORS 456.790 [1973 c.834 §10; renumbered 455.100 in 1987]
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[Repealed or reserved.]
ORS 456.792 Duties of landlord and owner to tenants after termination date; penalty. (1) Beginning on the termination date and lasting for a period of three years, the owner or landlord of formerly publicly supported housing
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(a) May not terminate the tenancy under ORS 90.427 (3)(b), (4)(b) or (5). (b) May not provide a rent increase notice more than once in any calendar year. (c) Shall comply with ORS 90.323 and with requirements adopted by the Housing and Community Services Department and applicable…
ORS 456.795 [1973 c.834 §11; repealed by 1987 c.414 §172]
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[Repealed or reserved.]
ORS 456.797 Remedy for failure to give notice. (1) Any person who suffers any ascertainable loss of money or property, real or personal, as a result of the failure of an owner of a participating property to provide notices or otherwise comply with the provisions of ORS 456.781, 456.788, 456.792 (1), 456.814 or 456.819 may bring an individual action in an appropriate court to recover actual damages. The court or the jury may award punitive damages, and the court may provide injunctive relief and any other equitable relief the court considers necessary and proper
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(2) The court may award reasonable attorney fees and costs at trial and on appeal to a prevailing plaintiff in an action under this section. [Formerly 456.264] Note: See note under 456.788.
ORS 456.800 [1973 c.834 §12; 1987 c.414 §30d; 1987 c.604 §10; renumbered 455.150 in 1987]
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[Repealed or reserved.]