Title 36A, Housing; Lottery and Games; Environment

(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…

(1) For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of housing projects located within the area in which it is authorized to act, any state public body may upon such terms, with or without consideration, as it may determine: (a) D…

(1) When any housing authority becomes authorized to transact business and exercise its powers, the governing body of the city, town or county, as the case may be, shall immediately make an estimate of the amount of money necessary for the administrative expenses and overhead of …

The exercise by a state public body of the powers granted in ORS 456.305 to 456.325 may be authorized by resolution of the governing body of such state public body adopted by a majority of the members of its governing body present at a meeting of the governing body. This resoluti…

As used in ORS 456.355 to 456.370, unless the context requires otherwise: (1) “Governing body” means the governing body of any city or county. (2) “Housing project” means any work or undertaking of a nonprofit sponsor, limited-dividend housing corporation or a for-profit develope…

(1) It hereby is found and declared: (a) That the assistance provided by ORS 456.365 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 function for which…

For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of housing projects as defined in ORS 456.355 and located within the area in which it is authorized to act, any city or county may upon such terms, with or without consideration, as …

The exercise by a city or county of the powers granted by ORS 456.355 to 456.370 may be authorized by ordinance of the governing body of the city or county adopted by a majority of the members of its governing body present at a meeting of the governing body. Persons particularly …

(1) It is the policy of this state to pursue a goal of attaining a statewide homeownership rate, as determined by the American Community Survey of the United States Census Bureau, in aggregate and for each disaggregated racial or ethnic population for which demographic data is pr…

The Housing and Community Services Department shall create, and annually update, a publicly available homeownership goal dashboard that includes tracking of the progress, based on the homeownership rate, toward the homeownership goal under ORS 456.372: (1) For the entire state, i…

As used in ORS 456.375 to 456.390: (1) “Housing Choice Voucher Program” means the federal tenant-based assistance program established under 42 U.S.C. 1437f(o). (2) “Landlord” and “tenant” have the meanings given those terms in ORS 90.100. [2013 c.740 §2; 2021 c.57 §1; 2023 c.344 …

(1) The Housing and Community Services Department shall develop and implement the Housing Choice Landlord Guarantee Program for the purpose of providing financial assistance to landlords to mitigate damages caused by tenants who have received rental assistance: (a) Under the Hous…

(1) There is created within the State Treasury, separate and distinct from the General Fund, the Housing Choice Landlord Guarantee Program Fund. Interest earned by the Housing Choice Landlord Guarantee Program Fund shall be credited to the fund. (2) Moneys in the Housing Choice L…

(1) Housing authorities shall report annually to the Housing and Community Services Department regarding information required to be provided to the Secretary of Housing and Urban Development regarding each housing authority’s participation in the Housing Choice Voucher Program. (…

The Housing and Community Services Department and the Oregon Housing Stability Council shall cooperate with and assist housing authorities to obtain federal approval, renewal of an existing waiver of federal requirements or a new waiver of federal requirements, as necessary to ma…

As used in ORS 456.400 to 456.433, “facility,” “manufactured dwelling,” “manufactured dwelling park” and “marina” have the meanings given those terms in ORS 90.100. [2019 c.625 §14a]

The Housing and Community Services Department shall: (1) Undertake, participate in or cooperate with persons and agencies in such conferences, inquiries, meetings or studies as might lead to improvements in manufactured dwelling park and marina landlord and tenant relationships; …

(1) It is the policy of the State of Oregon: (a) To encourage manufactured dwelling park and marina residents and manufactured dwelling park and marina owners and managers to settle disputes among themselves without recourse, if possible, to either the court system or interventio…

There hereby is established separate and distinct from the General Fund the Manufactured and Marina Communities Account. All moneys in the account are continuously appropriated to the Housing and Community Services Department to carry out the duties and responsibilities of the de…

(1) Except as provided in ORS 308.250 (2)(b) and (3)(a)(A) and (B), a special assessment is levied annually upon each manufactured dwelling or floating home that is assessed for ad valorem property tax purposes as personal property. The amount of the assessment is $10. (2) On or …

The Housing and Community Services Department shall encourage manufactured dwelling park landlords to inform the department of manufactured dwelling park spaces that become available for rent and to provide the department with descriptions and other relevant information regarding…

(1) The Housing and Community Services Department shall develop and administer or contract for the management of a voluntary collection of information to be known as the state’s manufactured dwelling site information clearinghouse. The manufactured dwelling site information clear…

The Housing and Community Services Department may decide the scope of the information the manufactured dwelling site information clearinghouse collects, coordinates and distributes. This information may include, but is not limited to: (1) The name, address and telephone number of…