Chapter 290 Oregon Laws 2001

AN ACT

SB 425

Relating to elderly rental assistance; creating new provisions; amending ORS 310.635 and 310.657; and prescribing an effective date.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 310.635 is amended to read:

310.635. (1) A taxpayer who is eligible for elderly rental assistance shall be granted the rental assistance either in the amount determined under subsection (2) of this section or by using the schedule for renters set forth in subsection (3) of this section, whichever is greater. A taxpayer is eligible for elderly rental assistance under this section if:

(a) The taxpayer is 58 years of age or older before the close of the calendar year immediately preceding the year in which the rental assistance is claimed;

(b) The household income of the taxpayer is less than $10,000;

(d) The taxpayer files a claim with the Department of Revenue as required by ORS 310.657.

(2) A taxpayer eligible for elderly rental assistance under this section shall be paid by the department an amount equal to the positive difference between the taxpayer’s gross rent, not to exceed $2,100, and 20 percent of household income.

(3) The schedule for renters referred to in subsection (1) of this section is:

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Maximum

Refundable

Rent

Household Constituting

Income Property Tax

$ 0 - 499 $ 250

500 - 999 245

1,000 - 1,499 238

1,500 - 1,999 228

2,000 - 2,499 217

2,500 - 2,999 205

3,000 - 3,499 192

3,500 - 3,999 179

4,000 - 4,499 165

4,500 - 4,999 151

5,000 - 5,499 136

5,500 - 5,999 121

6,000 - 6,499 106

6,500 - 6,999 91

7,000 - 7,499 77

7,500 - 7,999 63

8,000 - 8,499 50

8,500 - 8,999 38

9,000 - 9,499 27

9,500 - 9,999 18

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(4) The elderly rental assistance payments required by subsection (2) of this section shall be made by the department during the month of October.

(5) The elderly rental assistance granted under this section applies to gross rent paid in the calendar year for which the claim is filed.

[(6)(a) Only one taxpayer per household per year shall be granted elderly rental assistance under this section.]

[(b) Neither] (6)(a) A person who is, as of December 31 of the year for which elderly rental assistance is claimed, a tenant-stockholder of a cooperative housing corporation [nor] or a resident of a nonprofit home for the elderly owned or being purchased by a corporation described in ORS 307.375 [shall] may not be granted elderly rental assistance.

[(c)] (b) [No] Elderly rental assistance [shall] may not be granted under this section for less than [$5] $1, after offsets for all amounts owed to the state.

[(d)] (c) [No] Elderly rental assistance [shall] may not be granted under this section for any period during which the taxpayer’s needs were included in a payment made by the Adult and Family Services Division pursuant to ORS 418.172. However, if it is determined that the taxpayer’s needs were included in a payment made by the Adult and Family Services Division under ORS 418.172 and the taxpayer is eligible for the period for elderly rental assistance in an amount greater than the payment, the department shall grant elderly rental assistance in the amount of the difference.

(7) Elderly rental assistance, allowed pursuant to this section, is not subject to the garnishment provisions of ORS 29.125 to 29.395, except by a government entity.

SECTION 2. ORS 310.657 is amended to read:

310.657. (1) On or before [April 15] July 1 following the year for which the claim is filed, a taxpayer claiming the elderly rental assistance provided under ORS 310.635 shall submit a claim to the Department of Revenue, together with a copy of the statement of gross rent. The claim shall be submitted on a form prescribed and furnished by the department. The department shall prepare blank forms for the claims and shall distribute them throughout the state. The department may require from the taxpayer any proof it considers necessary to determine if the taxpayer is eligible for elderly rental assistance pursuant to ORS 310.635. If the taxpayer is unable to submit the claim of the taxpayer, the claim shall be submitted by a duly authorized agent or by a guardian or other person charged with the care of the person or property of such taxpayer.

(2) A claim for elderly rental assistance that is filed after July 1 shall be paid by the department at the time and to the extent that payments for timely filed claims made in the next succeeding year are made by the department.

[(2)] (3) The department shall audit or examine the claim and, if it appears that the taxpayer is eligible for rental assistance, shall determine the amount to which the taxpayer is entitled under ORS 310.635.

[(3)] (4) If the department denies the claim in whole or in part, the department shall notify the taxpayer. If the claim is allowed in whole or in part, the entire elderly rental assistance shall be paid [during the month of October] on or before November 15 of the year in which the claim is filed. The department shall make the payments required by this section from the suspense account referred to in ORS 310.692. If necessary, the department may prorate the payments as provided in ORS 310.692.

SECTION 3. The amendments to ORS 310.635 and 310.657 by sections 1 and 2 of this 2001 Act apply to claims for elderly rental assistance submitted on or after January 1, 2001.

SECTION 4. This 2001 Act takes effect on the 91st day after the date on which the regular session of the Seventy-first Legislative Assembly adjourns sine die.

Approved by the Governor June 4, 2001

Filed in the office of Secretary of State June 4, 2001

Effective date October 6, 2001

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