Chapter 458 — Chapter 458
118 sections in this chapter.
ORS 458.005 [1989 c.1051 §15; 1993 c.696 §17; 1995 c.377 §1; 2003 c.655 §76a; 2005 c.470 §§1,2; renumbered 307.651 in 2005]
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[Repealed or reserved.]
ORS 458.010 [1989 c.1051 §14; 2005 c.470 §3; renumbered 307.654 in 2005]
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[Repealed or reserved.]
ORS 458.015 [1989 c.1051 §16; 2005 c.470 §4; renumbered 307.657 in 2005]
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[Repealed or reserved.]
ORS 458.020 [1989 c.1051 §17; 1991 c.459 §410; 1997 c.541 §436; 2005 c.470 §6; renumbered 307.664 in 2005]
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[Repealed or reserved.]
ORS 458.025 [1989 c.1051 §18; 1991 c.459 §411; 1997 c.541 §437; 2005 c.470 §7; renumbered 307.667 in 2005]
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[Repealed or reserved.]
ORS 458.035 [1989 c.1051 §19; 2005 c.470 §8; renumbered 307.671 in 2005]
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[Repealed or reserved.]
ORS 458.040 [1989 c.1051 §20; 2005 c.470 §9; renumbered 307.674 in 2005]
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[Repealed or reserved.]
ORS 458.045 [1989 c.1051 §21; 1991 c.459 §412; 1995 c.377 §2; 1997 c.541 §438; 2005 c.470 §11; renumbered 307.681 in 2005]
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[Repealed or reserved.]
ORS 458.050 [1989 c.1051 §22; 1991 c.459 §413; 2005 c.470 §12; renumbered 307.684 in 2005]
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[Repealed or reserved.]
ORS 458.060 [1989 c.1051 §23; 1991 c.459 §414; 1997 c.541 §439; 2005 c.470 §13; renumbered 307.687 in 2005]
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[Repealed or reserved.]
ORS 458.065 [1989 c.1051 §24; 1991 c.459 §415; 1995 c.377 §3; 1997 c.541 §440; 2005 c.470 §14; renumbered 307.677 in 2005]
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COMMUNITY-BASED HOUSING DEVELOPMENT
ORS 458.210 Community development corporations; description. For the purposes of ORS 456.550 and 458.210 to 458.240, a community development corporation is
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(1) An organization that: (a) Is established under the provisions of ORS chapter 65; (b) Has qualified for tax exempt status under section 501(c)(3) of the Internal Revenue Code; (c) Has a purpose, stated in the articles of incorporation, to serve low and moderate income people’s…
ORS 458.215 Local capacity building program. The Housing and Community Services Department may establish a program to build local capacity to address any or a combination of the following
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(1) Housing needs of people, with low or moderate incomes, for homeownership and affordable rental housing; (2) The problem of abandoned houses; (3) The need for adequate housing for seasonal farm laborers; (4) Housing problems for low and moderate income elderly persons and pers…
ORS 458.220 Community development corporation grants and assistance; rules. In carrying out the provisions of ORS 458.215, the Housing and Community Services Department shall provide any or a combination of the following
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(1) Initial planning grants to qualified nonprofit community-based organizations, including but not limited to housing authorities and community action agencies, to initiate community development corporations. To qualify under this subsection, an organization shall obtain matchin…
ORS 458.225 Preference for certain community development corporations. (1) In carrying out the provisions of ORS 456.550 and 458.210 to 458.240, the Housing and Community Services Department shall give preference to a community development corporation described in ORS 458.210 (2) or that
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(a) Has a defined geographic service area outside an entitlement community or county; (b) Has a defined geographic service area inside an entitlement community or county but does not include more than 50,000 people in the service area; (c) Has a defined geographic service area th…
ORS 458.235 Rules. The Housing and Community Services Department shall adopt rules to carry out the provisions of ORS 456.550 and 458.210 to 458.240, including rules to define “persons of low and moderate income.” [1989 c.1030 §6]
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[Repealed or reserved.]
ORS 458.240 Effect of law on other community development corporations. Nothing in ORS 456.550 and 458.210 to 458.240 shall limit the authority or powers of community development corporations authorized pursuant to ORS 708A.150. [1989 c.1030 §9; 1997 c.631 §475]
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HOUSING REVITALIZATION PROGRAM
ORS 458.305 Legislative findings. The Legislative Assembly finds that
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(1) A critical shortage exists of suitable, affordable housing for households with an income below the median income. This shortage is particularly acute with respect to rental housing. (2) During the past half decade, the supply of rental housing that is affordable to households…
ORS 458.310 Housing revitalization program; criteria; rules. (1) The Housing and Community Services Department shall adopt rules to develop and administer a housing revitalization program for low and moderate income housing
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(2) Applicants for revitalization program funds shall be: (a) A unit of local government; (b) A housing authority; (c) A nonprofit corporation; or (d) An applicant eligible under paragraph (a), (b) or (c) of this subsection who contracts with another entity, including a private f…
ORS 458.312 Loans for affordable housing. (1) The Housing and Community Services Department shall award loans to be used for the predevelopment costs of developing new housing
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(2) Eligible predevelopment costs that may be funded by loans under this section include: (a) Professional services, including architectural, engineering, land use planning or legal services; (b) Studies, including site feasibility, market, environmental, traffic, land, zoning, g…
ORS 458.315 Supporting residential units damaged or destroyed by disaster; contracting. (1) As used in this section
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(a) “Disaster” means a declared disaster or emergency, as defined in ORS 401.685, that resulted in the loss or damage of residential units. (b) “Residential units” includes recreational vehicles, manufactured dwellings, prefabricated structures, small homes and dwelling units of …
ORS 458.317 Disaster Housing Recovery Fund. (1) The Disaster Housing Recovery Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Disaster Housing Recovery Fund shall be credited to the fund
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(2) The fund consists of moneys appropriated, allocated, deposited or transferred to the fund by the Legislative Assembly or otherwise. (3) Moneys in the fund are continuously appropriated to the Housing and Community Services Department to carry out the purposes of ORS 458.315. …
ORS 458.320 Agency provision of temporary housing or resources in response to emergency. (1) As used in this section, “specified agency” means the Oregon Department of Emergency Management, the Housing and Community Services Department or the Department of Human Services
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(2) If a specified agency causes temporary housing to be provided to displaced individuals in response to an emergency, the specified agency shall ensure that such temporary housing is safe and that it is provided in compliance with state and federal laws relating to discriminati…
ORS 458.350 [1989 c.916 §4; 1997 c.801 §35a; repealed by 2011 c.595 §113]
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MANUFACTURED DWELLINGS AND PARKS
ORS 458.352 Manufactured dwelling park loan program; eligibility; reporting. (1) As used in this section
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(a) “Average income” means an income that complies with income restrictions determined at the advice and consent of the Oregon Housing Stability Council, but not to exceed the greater of 100 percent of the statewide or local area median income adjusted for household size as deter…
ORS 458.355 [1989 c.916 §6; 1991 c.716 §3; 1997 c.801 §35b; repealed by 2011 c.595 §113]
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[Repealed or reserved.]
ORS 458.356 Definitions; manufactured dwelling replacement loans; eligibility; rules. (1) As used in ORS 458.356 to 458.362
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(a) “Manufactured dwelling” means: (A) A manufactured dwelling, as defined in ORS 446.003; or (B) A prefabricated structure, as defined in ORS 455.010, that is relocatable, more than eight and one-half feet wide and designed for use as a single-family dwelling. (b) “Manufactured …
ORS 458.358 Manufactured dwelling decommissioning and disposing grants; eligibility; priorities. (1) The Housing and Community Services Department shall establish a program to provide grants to persons for safely decommissioning and disposing of a manufactured dwelling
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(2) The department may award grants under the program only to a person that is: (a)(A) An individual who owns a manufactured dwelling sited: (i) In a manufactured dwelling park that has registered with the department and either has entered into a regulatory agreement with the dep…
ORS 458.360 [1989 c.916 §5; repealed by 2011 c.595 §113]
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[Repealed or reserved.]
ORS 458.362 Manufactured housing advisory committee; membership; reporting. (1) The Director of the Housing and Community Services Department shall appoint an advisory committee on manufactured housing. The director has the discretion to determine the membership of the committee and the terms of committee members, but shall consider for membership representatives from the following groups
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(a) State agencies such as the Housing and Community Services Department, the Department of Land Conservation and Development, the Department of Environmental Quality, the Department of Consumer and Business Services and the Oregon Business Development Department; (b) The United …
ORS 458.365 [1989 c.916 §8; 1991 c.716 §5; 1997 c.801 §36; repealed by 2011 c.595 §113]
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[Repealed or reserved.]
ORS 458.366 Manufactured Home Preservation Fund. (1) The Manufactured Home Preservation Fund is established within the State Treasury, separate and distinct from the General Fund. Interest earned by the Manufactured Home Preservation Fund shall be credited to the fund
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(2) Moneys in the Manufactured Home Preservation Fund consist of: (a) Amounts donated to the fund; (b) Amounts appropriated or otherwise transferred to the fund by the Legislative Assembly; (c) Amounts received from state or federal sources to be deposited into the fund; (d) Inco…
ORS 458.375 Rental housing assistance for very low income elderly persons; rules. (1) The Housing and Community Services Department shall provide funds to assist very low income elderly persons to defray the cost of rental housing through programs administered by the department including, but not limited to, the Emergency Housing Account created in ORS 458.620 and disbursed pursuant to ORS 458.650
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(2) The department shall adopt rules to carry out the provisions of this section. (3) For purposes of this section: (a) “Elderly person” means a person 58 years of age or older. (b) “Very low income” has the meaning given that term in ORS 458.610. [2015 c.348 §7]
ORS 458.377 [2015 c.348 §8; repealed by 2023 c.193 §24]
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[Repealed or reserved.]
ORS 458.380 [2015 c.812 §9; 2017 c.671 §2; 2021 c.521 §4; repealed by 2021 c.521 §6]
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[Repealed or reserved.]
ORS 458.385 [2017 c.671 §1; 2021 c.521 §5; renumbered 430.643 in 2021]
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[Repealed or reserved.]
ORS 458.390 Rental assistance program for youth and young adults at risk of homelessness. (1) The Housing and Community Services Department shall implement a long-term rental assistance program that is available to individuals who are younger than 25 years of age and who are, or have recently been
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(a) Homeless; (b) In a substitute care program, as defined in ORS 326.575; (c) Residing in a child care center, as defined in ORS 419A.004; (d) Confined in a correctional facility, as defined in ORS 341.522; or (e) Residing in a facility for dependency treatment or rehabilitation…
ORS 458.392 Long-Term Rent Assistance Fund. (1) There is established the Long-Term Rent Assistance Fund, separate and distinct from the General Fund
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(2) The Long-Term Rent Assistance Fund shall consist of moneys credited to the fund from moneys appropriated or transferred to the fund by the Legislative Assembly or received from the federal government or other grants, gifts or donations from any source. (3) Moneys in the fund …
ORS 458.395 Publication of extreme heat events and landlord cooling programs. The Housing and Community Services Department shall make available on the department’s website
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(1) A list of dates and counties in which there exists an extreme heat event for a forecast zone in this state as defined in ORS 90.355. Dates published on the website must remain on the website for at least one year. (2) Information regarding relevant programs and services avail…
ORS 458.400 Requirements of public body that distributes rental assistance. In distributing rental assistance to residential tenants funded by federal, state or local moneys, a public body, as defined in ORS 174.109, and any designee or grantee of a public body shall
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(1) Promptly provide a dated application receipt to each tenant who applies for assistance. The receipt may be in an electronic format. (2) Close an application, after providing notice of potential closure to the tenant, if the provider reasonably determines that the tenant is no…
ORS 458.405 Legislative findings. The Legislative Assembly finds that
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(1) Safe, affordable and readily available housing options for low-income individuals and families do not match the increasing need for such housing in this state. (2) Much state-owned property is unused and could be made available to increase housing options for low-income indiv…
ORS 458.410 Purposes. The purposes of ORS 458.405 to 458.460 are to provide low-income housing options including but not limited to
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(1) Transitional and emergency housing for low-income individuals and families as long as this type of housing is accompanied by adequate supporting social services; and (2) Permanent low-income housing units. [1989 c.440 §2]
ORS 458.415 Rules. In carrying out ORS 458.405 to 458.460, the state shall act by and through its duly constituted board, commission or agency. The board, commission or agency may provide rules necessary to carry out ORS 458.405 to 458.460. [1989 c.440 §3; 1995 c.79 §270; 2023 c.193 §28]
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[Repealed or reserved.]
ORS 458.420 Conveyance of certain state real property for low-income housing. Whenever the state or any state agency possesses or controls real property that might be used to further the public use of providing housing options for low-income individuals and families that is unused for any other public purpose and in which no long-term policy exists to use it for another public purpose, then the state or its agency may sell, convey or lease for a period not to exceed 99 years, all or any part of its interest in the property to a nonprofit organization involved with providing low-income housing options or to a housing authority. The consideration for the transfer may be cash or real property, or both. [1989 c.440 §4]
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[Repealed or reserved.]
ORS 458.425 Restriction on conveyance of certain state real property. Real property needed for a public use other than low-income housing shall not be sold, exchanged, leased or conveyed under the authority of ORS 458.405 to 458.460. [1989 c.440 §5]
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[Repealed or reserved.]
ORS 458.430 Authority of state to lease property not owned by state. (1) The authority to lease property granted by ORS 458.420 includes authority to lease property not owned or controlled by the state at the time of entering the lease. Such lease shall be conditioned upon the subsequent acquisition of the interest covered by the lease
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(2) Any lease of state real property to be used for the purposes of ORS 458.405 to 458.460 exceeding five years shall be approved in advance by the Oregon Department of Administrative Services. [1989 c.440 §6]
ORS 458.440 Authorization to lease; terms and conditions. Every lease entered into pursuant to ORS 458.405 to 458.460 shall be authorized by order of the state agency executing the lease and shall provide such terms and conditions as may be fixed by the government body executing the lease. [1989 c.440 §7]
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[Repealed or reserved.]
ORS 458.445 Authority to relinquish title to property; purpose. The state is hereby granted express power to relinquish the title to any of its property not needed for another public purpose to the United States Government or any other governmental body, political subdivision, housing authority or nonprofit organization involved with providing low-income housing, in order to promote the public purpose of increasing housing options for low-income individuals and families in this state. [1989 c.440 §8]
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[Repealed or reserved.]
ORS 458.450 Approval required by governing body where property located. Before the transfer of any state-owned real property under the provisions of ORS 458.405 to 458.460 to a housing authority or a nonprofit organization involved with providing low-income housing to individuals and families in this state, the state or its agency, board or commission shall obtain approval of the governing body in which such property is located. [1989 c.440 §9]
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[Repealed or reserved.]
ORS 458.460 Bidding procedure for multiple applicants. In the event that more than one housing authority or appropriate nonprofit organization is interested in a building available for transfer under ORS 458.405 to 458.460, the state or its agency shall conduct a bidding process that takes into account
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(1) The entity most capable of delivering services and housing options to conform with the purpose of ORS 458.405 to 458.460; (2) The fiduciary obligation of the state and its agencies to bondholders; and (3) Financial prudence. [1989 c.440 §10] (Home Start Lands)