Title 36A, Housing; Lottery and Games; Environment

As used in ORS chapters 456 and 458: (1) “Culturally responsive organization” means an entity that, as determined by the Housing and Community Services Department: (a) Comprehensively addresses power relationships throughout the organization by methods that include addressing con…

As used in the Housing Authorities Law, unless the context requires otherwise: (1) “Affordable housing” means dwelling units that may be purchased or rented, with or without government assistance, by persons of eligible income. (2) “Blighted area” means any area where housing, by…

(1) As used in the Housing Authorities Law, unless the context requires otherwise, “area of operation” includes: (a) In the case of a housing authority of a city: (A) The area within the city; (B) If the city has adopted in its comprehensive land use plan an urban growth boundary…

(1) As used in this section: (a) “Community services” means services provided by public or private nonprofit organizations or service agencies that may include, but are not limited to, child care, early childhood education, health, human resources, information and referral servic…

It hereby is declared: (1) That there exists in this state a need for an increase in affordable housing for persons or families of lower income. (2) That it is a goal of this state to increase the availability of affordable housing for persons and families of lower income. (3) Th…

In each city, as defined in ORS 456.055, and county there hereby is created a public body corporate and politic to be known as the “housing authority” of the city or county. However, the housing authority shall not transact any business or exercise its powers until or unless the …

(1) The determination whether there is a need for a housing authority to function in a city or county may be made either by election as provided in this section or by the governing body of a city or county on its own motion. The governing body of the city or county shall order th…

The governing body shall adopt a resolution declaring that there is need for a housing authority in the city or county, if it finds that there exists a need for additional safe, decent and sanitary affordable housing for persons or families of lower income. [Amended by 1973 c.672…

(1) In any suit, action or proceeding involving the validity or enforcement of or relating to any contract of authority, the authority is conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of a res…

(1) When the governing body of a city or county adopts a resolution pursuant to ORS 456.085, the governing body may then elect to have the powers of a housing authority under ORS 456.055 to 456.235 exercised in any of the following ways: (a) Appointing by resolution, a commission…

(1) The commissioners of a five-member authority who are first appointed shall serve terms as follows: (a) One commissioner shall be appointed for a term of one year. (b) One commissioner shall be appointed for a term of two years. (c) One commissioner shall be appointed for a te…

(1) A majority of the commissioners of an authority shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes. (2) Except as otherwise provided in the Housing Authorities Law, action may be taken by …

For inefficiency or neglect of duty or misconduct in office, a commissioner of an authority appointed pursuant to ORS 456.095 (1) or (2) may be removed by the mayor or, in the case of an authority for a county, by the governing body of the county or, in the case of a regional aut…

(1) No commissioner or employee of an authority shall acquire any interest in any housing project or in any property included or planned to be included in any project, nor shall the commissioner or employee of an authority have an interest except as a tenant in any contract or pr…

No person other than a housing authority created under ORS 456.055 to 456.235 may use the term “housing authority” or a variation of the term “housing authority” in the corporate or other business name or title of the person. Any housing authority may bring a civil suit to enjoin…

A housing authority shall constitute a public body corporate and politic, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out and effectuate the purposes of the Housing Authorities Law. These powers shall be veste…

Unless specifically provided, no law with respect to the acquisition, operation or disposition of property by other public bodies applies to a housing authority.

Within its area of operation, a housing authority may: (1) Investigate into living, dwelling and housing conditions and into the means and methods of improving such conditions by either the housing authority or the private market. (2) Determine where blighted areas exist or where…

(1) As used in this section: (a) “Housing authority” means a housing authority created under ORS 456.075. “Housing authority” includes a person exercising delegated powers and duties under ORS 456.135, a local government electing under ORS 456.095 to have the powers of a housing …

Any authority, acting through one or more commissioners or other persons designated by the authority, may: (1) Conduct examinations and investigations and hear testimony and take proof under oath at private or public hearings on any matter material for its information. (2) Admini…

An authority may delegate to one or more of its agents or employees such powers or duties as it deems proper.

Any two or more authorities may join or cooperate with one another in the exercise of any or all of the powers conferred by the Housing Authorities Law for the purpose of financing, planning, undertaking, constructing or operating a housing project or projects located within the …

(1) An authority may acquire, by the exercise of the power of eminent domain, any real property which it deems necessary for its purposes after adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. An …

(1) All housing projects of an authority shall be subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality in which the housing project is situated. (2) In the planning and location of any housing project, an authority sha…

A housing authority may finance, develop, own, manage or operate mixed income housing if the authority determines that a substantial number of persons of eligible income in the area served by the authority cannot obtain housing for 30 percent or less of their income. [1995 c.445 …

(1) It hereby is declared to be the policy of this state that: (a) Each housing authority shall manage and operate its housing projects in an efficient and cost-effective manner so as to enable it to set the rents for housing units at the lowest possible rates consistent with pro…

In the operation or management of housing projects, a housing authority shall at all times observe the following duties with respect to rentals and tenant selection: (1) A housing authority may rent or lease the housing only to persons of eligible income, except: (a) If the autho…

ORS 456.155 and 456.160 do not limit the power of an authority to vest in an obligee the right, in the event of a default by the authority, to take possession of a housing project or cause the appointment of a receiver thereof or acquire title thereto through foreclosure proceedi…

At least once each year, a housing authority shall procure an independent audit of authority finances and activities for the preceding year, make the audit available for inspection by the public and provide a copy of the audit to each governing body that appoints the housing auth…

An authority may issue bonds from time to time in its discretion upon the resolution adopted by a majority vote of the commissioners for any of its corporate purposes. An authority may also issue refunding and advance refunding bonds for the purpose of paying or retiring bonds pr…

(1) Neither the commissioners of an authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. (2) The bonds and other obligations of an authority shall not be a debt of the city, the county, the state or any political …

Bonds of an authority must be authorized by its resolution adopted by a vote of a majority of the commissioners, must be issued as prescribed in ORS chapter 287A and are not subject to the requirements of ORS 287A.150. [Amended by 1969 c.694 §13; 1973 c.672 §13; 1977 c.188 §5; 19…

In any suit, action or proceedings involving the validity or enforceability of any bond of an authority or the security therefor, any bond reciting in substance that it has been issued by the authority to aid in financing a housing project to provide housing for persons or famili…

In connection with the issuance of bonds or the incurring of obligations and in order to secure the payment of such bonds or obligations, an authority may: (1) Pledge all or any part of its gross or net rents, fees or revenues to which its right then exists or thereafter comes in…

(1) An authority shall have the power to borrow money for the purposes for which its bonds are to be issued in anticipation of the receipt of proceeds of the sale of such bonds and within the authorized maximum of such bond issue. (2) Bond anticipation notes shall be issued for a…

An obligee of an authority, in addition to all other rights conferred on the obligee, subject only to any contractual restrictions binding upon the obligee, may: (1) By mandamus or other action or proceeding for legal or equitable remedies, compel the authority and its commission…

An authority, by its resolution, trust indenture, mortgage, lease or other contract, may confer upon any obligee holding or representing a specified amount in bonds, or holding a lease, the right, in addition to all rights that may otherwise be conferred, upon the happening of an…

(1) An authority may: (a) Borrow money or accept grants or other financial assistance from the federal government for or in aid of any housing project within its area of operation. (b) Take over or lease or manage any housing project or undertaking constructed or owned by the fed…

All real property of an authority is exempt from levy and sale by virtue of an execution. No execution or other judicial process shall issue against such property nor shall any judgment against an authority be a charge or lien upon its real property. However, this section does no…

Bonds of an authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities. The bonds, together with interest thereon and income therefrom, are exempt from personal income taxes under ORS chapter 316. [Amended by 2007 c.783…

If, pursuant to ORS 456.055 to 456.235, the governing body in a city or a county has declared, by resolution, that the governing body itself shall exercise the powers of a housing authority under ORS 456.055 to 456.235, the governing body may thereafter, by resolution, elect to t…

(1) A housing authority may be dissolved upon a majority vote of its commissioners at any regular or special meeting of the commission whereof all the members of the commission have been notified. Except with the consent of the obligees of the housing authority to dissolution, no…

As used in ORS 456.270 to 456.295: (1) “Affordable housing covenant” means a nonpossessory interest in real property imposing limitations, restrictions or affirmative obligations that encourage development or that ensure continued availability of affordable rental and owner-occup…

The Legislative Assembly finds and declares that: (1) There is a serious shortage of decent, safe and sanitary housing available and affordable to low and moderate income households in the State of Oregon. (2) The inadequacy in the supply of decent, safe and sanitary affordable h…

(1) A person may create an affordable housing covenant as a condition of giving or receiving a subsidy during ownership or upon conveying real property, in the form of a covenant, servitude, easement, condition or restriction in a deed, declaration, land sale contract, trust deed…

An affordable housing covenant may: (1) Include limitations, restrictions and affirmative obligations on the sale price or rental rate of real property or the use of real property or the income or assets of purchasers or tenants; (2) Limit the amount of equity appreciation that a…

(1) An affordable housing covenant is valid and enforceable even though the covenant is not of a character traditionally recognized at common law or is inconsistent with a common law doctrine of real property law that might invalidate, impair enforcement of or cause the terminati…

An action affecting an affordable housing covenant may be commenced or intervened in by: (1) The owner of an interest in the real property burdened by the covenant; (2) An eligible covenant holder of the benefit of the covenant; (3) A person that has a third-party right of enforc…

As used in ORS 456.305 to 456.325, unless the context requires otherwise: (1) “Governing body” means the common council, county court, board of county commissioners, board or other body having charge of the fiscal affairs of the state public body. (2) “Housing project” means any …

(1) It hereby is found and declared: (a) That the assistance provided in ORS 456.315 and 456.320 for the remedying of the conditions set forth in the Housing Authorities Law is a matter of state concern and constitutes a public use and purpose and an essential governmental functi…