71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 396
A-Engrossed
House Bill 2172
Ordered by the House April 11
Including House Amendments dated April 11
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Representative Vicki
Walker)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Requires that construction of new affordable housing
incorporate design features { + , if feasible, + } for
{ - handicapped individuals - } { + accessibility and
adaptability + } if housing has three or fewer units and receives
certain forms of financial assistance from state or local
government. { - Creates civil penalty, not exceeding $2,500 for
each housing unit. - } { + Permits public entities to give
preferential consideration in awarding funding for affordable
housing to developers and contractors that follow accessibility
and adaptability guidelines. + }
A BILL FOR AN ACT
Relating to affordable housing.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The Legislative Assembly finds and declares
that:
(1) People with disabilities and senior citizens over 85 years
of age are the fastest growing population in Oregon. The second
fastest growing population in Oregon are the members of the
massive baby-boom generation, who will, as they age, demand
services and accommodations at an unprecedented rate.
(2) The policy of the state is to encourage the design and
construction of dwellings that enable easy access by individuals
with mobility impairment and that are adaptable to allow
continued use by aging occupants. + }
SECTION 2. { + As used in sections 3 to 8 of this 2001 Act:
(1) 'Accessible' means capable of being approached, entered and
used by individuals with mobility impairments.
(2) 'Adaptability' means design features constructed in
accordance with the purposes of the federal Fair Housing
Amendments Act of 1988, 42 U.S.C. 3601 et seq. as amended and in
effect on the effective date of this 2001 Act.
(3) 'Common spaces' means the living room, dining room and
bathrooms of a housing unit.
(4) 'Housing unit' has the meaning given that term in ORS
456.055.
(5) 'New housing' means a structure that did not previously
exist in residential or nonresidential form, constructed on-site
and consisting of one or more permanent housing units.
(6) 'Public entity' means a state agency or department, city,
county or other subdivision of the state, municipal corporation
or public corporation. + }
SECTION 3. { + A developer constructing new housing shall
ensure that each housing unit is constructed, if feasible, in
accordance with the guidelines established by sections 4 and 5 of
this 2001 Act if the housing:
(1) Is constructed for acquisition, lease or operation as mixed
income housing or housing for a person of lower income, family of
lower income, person of very low income or family of very low
income, all as defined in ORS 456.055;
(2) Contains three or fewer housing units; and
(3) Is financed or otherwise assisted by any of the following
means:
(a) Bonds issued under ORS 456.175;
(b) Bond anticipation notes issued under ORS 456.202;
(c) Bond purchases and investments made under ORS 456.315 (7);
(d) Bonds issued under ORS 456.519;
(e) Fund advancements provided through the Elderly and Disabled
Housing Fund established under ORS 456.535; or
(f) Advances made under ORS 456.559 (1)(c) or 456.710. + }
SECTION 4. { + Guidelines for new housing described in section
3 of this 2001 Act must, at a minimum, include the following:
(1) At least one accessible entrance. The accessible entrance
may be located at the front, side or back of the housing unit,
provided that the accessible entrance is served by a garage,
sidewalk, step-free entrance or other accessible route.
(2) A minimum unobstructed opening of at least 32 inches for
interior doors located in the common spaces on the first floor of
the housing unit.
(3) A minimum width of 36 inches for hallways and passageways
on the first floor of the housing unit adjacent to the common
spaces, with ramped or beveled changes at door thresholds.
(4) At least one bathroom on the first floor that allows for an
individual in a wheelchair to maneuver within the space. + }
SECTION 5. { + The adaptability guidelines applicable to
housing described in the federal Fair Housing Amendments Act of
1988, 42 U.S.C. 3601 et seq. as amended and in effect on the
effective date of this 2001 Act, are also applicable to new
housing described in section 3 of this 2001 Act. + }
SECTION 6. { + In determining the feasibility of incorporating
the guidelines established by sections 4 and 5 of this 2001 Act
into new housing described in section 3 of this 2001 Act, public
entities may consider factors affecting costs, including but not
limited to:
(1) The topography at the construction site;
(2) The reduction in the number of units that can be provided
if guidelines are followed;
(3) Impact of water runoff requirements or other provisions
relating to environmental concerns;
(4) Community design standards; and
(5) Undue costs or hardship in complying. + }
SECTION 7. { + Public entities may, when awarding funding for
affordable housing, give preferential consideration to developers
and contractors that incorporate guidelines established by
sections 4 and 5 of this 2001 Act into plans for the construction
of new housing described in section 3 of this 2001 Act. + }
SECTION 8. { + (1) Public entities shall biennially report to
an appropriate interim committee of the Legislative Assembly on
or before February 1 of even-numbered years concerning housing
financed or otherwise assisted by sources described under section
3 of this 2001 Act. A report must contain the following:
(a) The number of contracts signed for the construction of new
housing described in section 3 of this 2001 Act;
(b) The number of housing units represented by contracts
described in paragraph (a) of this subsection;
(c) The number of new housing units meeting guidelines
established by section 4 of this 2001 Act;
(d) The number of new housing units meeting guidelines
established by section 5 of this 2001 Act; and
(e) The number of new housing units that do not meet guidelines
established by section 4 or 5 of this 2001 Act due to feasibility
factors described in section 6 of this 2001 Act.
(2) A report submitted under subsection (1) of this section may
also contain information on new housing units that meet
guidelines described in section 4 or 5 of this 2001 Act and that
were not financed or otherwise assisted by sources described in
section 3 of this 2001 Act.
(3) A public entity is not required to submit a report under
subsection (1) of this section unless new housing described in
section 3 of this 2001 Act was constructed since the preceding
report. + }
SECTION 9. { + Sections 3 to 8 of this 2001 Act do not apply
to housing that is subject to federal standards developed under
42 U.S.C. 4153. + }
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