Title 36A, Housing; Lottery and Games; Environment

(1) The Rent Guarantee Program Fund is established within the State Treasury, separate and distinct from the General Fund. Interest earned by the Rent Guarantee Program Fund shall be credited to the fund. (2) Moneys in the Rent Guarantee Program Fund shall consist of: (a) Amounts…

The Legislative Assembly finds and declares that the primary purpose of financing by the Housing and Community Services Department is to provide affordable housing for persons and families of lower income. [2001 c.738 §1; 2007 c.607 §16] Note: 456.612 was enacted into law by the …

In carrying out housing programs, the Housing and Community Services Department shall: (1) With the approval of the Oregon Housing Stability Council, adopt standards for the planning, development and management of housing projects for which qualified housing sponsors receive all …

(1) The Housing and Community Services Department shall establish a registry system for persons requesting to be notified when department-proposed funding awards are contemplated for multifamily housing projects. (2) Any person may register with the department to receive the noti…

The Housing and Community Services Department may: (1) Undertake and carry out studies and analyses of housing needs within the state and ways of meeting such needs and make the results of such studies and analyses available to the public, qualified housing sponsors and the priva…

Notwithstanding the provisions of ORS 456.625 (7) and except for loans made solely to provide assistance with down payments or closing costs, the Housing and Community Services Department may not make any single-family residential loan directly to any individual unless the Legisl…

The Housing and Community Services Department may provide qualified housing sponsors and lending institutions with advisory, consultative training and educational services as necessary to assist those sponsors. For purposes of this section, advisory and other services include, bu…

(1) In order to provide additional permanent financing for housing for persons and families of lower income and for manufactured dwelling park tenant purchases of lots described in ORS 92.840, the Housing and Community Services Department may make commitments to purchase and purc…

(1) The Housing and Community Services Department shall prescribe a form for the application by a lending institution for the purchase of newly originated or other existing residential loans by the department under ORS 456.635. (2) Prior to the submission by it of an application …

(1) The State Treasurer, at the request of the Housing and Community Services Department, from time to time, may issue and sell bonds in the name of and on behalf of the State of Oregon in compliance with the applicable provisions of ORS chapter 286A in the principal amount the d…

(1) Bonds may be secured additionally by a pledge of amounts in the capital reserve account if provided in the housing finance bond declaration authorizing their issuance. The State Treasurer shall not issue bonds secured by a pledge of amounts in the capital reserve account unle…

(1) The aggregate principal amount of bonds issued under ORS 456.645 that may be outstanding is $2.5 billion, excluding bonds issued under and within the limits provided in ORS 456.515 to 456.828 and any bonds that have been refunded. The amount of $30 million of the total $2.5 b…

(1) Neither the State Treasurer, the Director of the Housing and Community Services Department, the Oregon Housing Stability Council nor any officer or employee of the Housing and Community Services Department shall be liable personally on any bonds issued under ORS 456.515 to 45…

Bonds issued by the State Treasurer shall mature at the time or times not exceeding 47 years from the date of issue as shall be stated in the housing finance bond declaration. Notwithstanding the provisions of any other law, the rates of interest payable and discount, if any, wit…

(1) The bonds issued by the State Treasurer under ORS 456.515 to 456.828 and the agreements with the bondholders may: (a) Pledge all or any part of the fees and charges made or received by the Housing and Community Services Department under ORS 456.548 to 456.828 and all or any p…

Except as otherwise provided in the operative documents, the Housing and Community Services Department may acquire outstanding bonds issued on behalf of the department, as provided in ORS 286A.123 (1), out of moneys described in ORS 286A.123 (3) or other moneys of the department …

(1) If the Housing and Community Services Department defaults in the payment of the principal or interest due upon a bond, whether at maturity or upon call for redemption and such default continues for a period of 30 days thereafter or if the department fails or refuses to comply…

(1) Upon a finding made by the Oregon Housing Stability Council that the supply of funds available through lending institutions for the financing of residential loans for the acquisition, construction, improvement or rehabilitation of housing units, manufactured dwellings, manufa…

(1) As used in this section, “eligible housing project” means a housing development determined by the Housing and Community Services Department to be suitable for financing under this section. (2) In addition to any other powers granted by law, including without limitation the po…

All housing units or projects for which funds are advanced, loaned or otherwise provided by the Housing and Community Services Department under ORS 456.515 to 456.828 and ORS chapter 458 must be in compliance with any interim comprehensive land use plan or comprehensive land use …

(1) Not more than 50 percent of the total amount of any financing provided by the Housing and Community Services Department for a particular housing development may be used to finance commercial, recreational, industrial, communal or educational facilities. Profits from incidenta…

Any pledge, commitment or reservation of funds made by the Housing and Community Services Department under ORS 456.515 to 456.828 is valid and binding from the date on which the pledge was executed as provided in ORS 286A.102. The lien of the pledge is valid and binding as agains…

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: …

(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 …

(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 hou…

(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. (2) As used in…

(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 Communit…

(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. …

The Legislative Assembly finds that: (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 …

(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 p…

(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 th…

As used in ORS 456.766 to 456.828: (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 in…

(1) The Legislative Assembly finds and declares that: (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 o…

(1) ORS 456.766 to 456.828 do not apply to or restrict the acquisition of property by: (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 sa…

(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…

(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 be…

(1) Beginning on the termination date and lasting for a period of three years, the owner or landlord of formerly publicly supported housing: (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 …

(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 bri…

(1) If a property owner or landlord does not timely provide notice required under ORS 456.781 (1) or (2) or 456.788 (3) or (4), the Housing and Community Services Department may record in the real property records of the county in which the property is located, without the consen…

(1) Except as expressly authorized in ORS 456.781, 456.788, 456.814 or 456.819 or as may be provided by contract with the property owner, a local government may not: (a) Impose any fine, penalty, tax, fee, charge, assessment or other restriction or sanction against a property own…

(1) After the owner of a participating property has delivered the notice under ORS 456.781 (1) or 30 months prior to the date when the contract term would expire as described in ORS 456.781 (1)(a), whichever is earlier, the Housing and Community Services Department may appoint a …

(1) Before selling a participating property that is subject to a recorded notice of right of first refusal under ORS 456.814 (3) to a third party other than a qualified purchaser, a property owner shall send notice of the owner’s intent to accept a purchase offer by registered or…

The Housing and Community Services Department shall establish and maintain an affordable housing preservation program to coordinate affordable housing preservation efforts and incentivize the analysis and preservation of affordable housing, including publicly supported housing an…

The Housing and Community Services Department shall maintain on the department’s website information in the department’s possession with respect to publicly supported housing, including information on: (1) The expiration dates of the affordability restrictions; (2) The number of …

As used in this chapter, unless the context requires otherwise: (1) “Blighted areas” means areas that, by reason of deterioration, faulty planning, inadequate or improper facilities, deleterious land use or the existence of unsafe structures, or any combination of these factors, …

It hereby is found and declared: (1) That there exist within the state blighted areas. (2) That such areas impair economic values and tax revenues. (3) That such areas cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals and w…

The powers conferred by this chapter are in addition and supplemental to the powers conferred by any other law. [Formerly 457.110]

(1) In each municipality, as defined in ORS 457.010, there hereby is created a public body corporate and politic to be known as the “urban renewal agency” of the municipality. However, the urban renewal agency shall not exercise its powers until or unless the governing body of th…

The governing body of a municipality shall, in the ordinance adopted under ORS 457.035, elect to have the powers of an urban renewal agency under this chapter exercised in one of the following ways: (1) By a housing authority of the municipality established pursuant to the Housin…

At any time following adoption of the ordinance under ORS 457.035, or for urban renewal agencies activated before October 3, 1979, at any time following adoption of a proper resolution or ordinance of the governing body of the municipality, the governing body of a municipality ma…