Chapter 431 Oregon Laws 2003

AN ACT

SB 833

Relating to 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 this state is to encourage the design and construction of dwellings that enable easy access by individuals with mobility impairments and that are adaptable to allow continued use by aging occupants.

SECTION 2. As used in sections 3 and 4 of this 2003 Act:

(1) “Accessible” means that housing complies with federal accessibility guidelines implementing the Fair Housing Amendments Act of 1988, 42 U.S.C. 3601 et seq., as amended and in effect on the effective date of this 2003 Act.

(2) “Common living space” means a living room, family room, dining room or kitchen.

(3) “Contiguous units” means units that are on the same tax lot or on contiguous tax lots that have a common boundary. Tax lots that are separated by a public road are contiguous tax lots for purposes of this subsection.

(4) “New” means that the housing being constructed did not previously exist in residential or nonresidential form. “New” does not include the acquisition, alteration, renovation or remodeling of an existing structure.

(5) “Powder room” means a room containing at least a toilet and sink.

(6) “Rental housing” means a dwelling unit designed for nonowner occupancy under a tenancy typically lasting six months or longer.

(7) “Subsidized development” means housing that receives one or more of the following development subsidies from the Housing and Community Services Department:

(a) The federal low-income housing tax credit under 26 U.S.C. 42(a), if no part of the eligible basis prior to the application of 26 U.S.C. 42(i)(2)(B) was financed with an obligation described in 26 U.S.C. 42(h)(4)(A), all as amended and in effect on the effective date of this 2003 Act;

(b) A farmworker housing tax credit, as described in ORS 315.164;

(c) A loan that qualifies the lending institution for a subsidized housing loan tax credit, as described in under ORS 317.097;

(d) Funding under the federal HOME Investment Partnerships Act, 42 U.S.C. 12721 to 12839, as amended and in effect on the effective date of this 2003 Act;

(e) Moneys from the Oregon Housing Fund created under ORS 458.620; or

(f) Moneys from other grant or tax incentive programs administered by the Housing and Community Services Department under ORS 456.559.

(8) “Visitable” means capable of being approached, entered and used by individuals with mobility impairments, including but not limited to individuals using wheelchairs.

SECTION 3. (1) Except as provided in this section and section 4 of this 2003 Act, the Housing and Community Services Department may not provide funding for the development of new rental housing that is a subsidized development unless:

(a) Each dwelling unit of the housing meets the following requirements:

(A) At least one visitable exterior route leading to a dwelling unit entrance that is stepless and has a minimum clearance of 32 inches.

(B) One or more visitable routes between the visitable dwelling unit entrance and a visitable common living space.

(C) At least one visitable common living space.

(D) One or more visitable routes between the dwelling unit entrance and a powder room.

(E) A powder room doorway that is stepless and has a minimum clearance of 32 inches.

(F) A powder room with walls that are reinforced in a manner suitable for handrail installation.

(G) Light switches, electrical outlets and environmental controls that are at a reachable height.

(b) For a development that has a shared community room or that has 20 or more contiguous units, there is at least one powder room available for all tenants and guests that is accessible.

(2) For a multistory structure without an elevator, this section applies only to dwelling units on the ground floor of the structure.

(3) This section does not apply to farmworker housing located on a farm.

SECTION 4. The Housing and Community Services Department shall exempt new rental housing that is a subsidized development

from compliance with the requirements of section 3 of this 2003 Act if the department determines that the exemption is warranted by:

(1) The topography at the construction site;

(2) Community and design standards;

(3) Undue costs or constraints; or

(4) Conflicting funding requirements of another government agency if the agency contributes a significant amount of financial aid for the housing.

SECTION 5. The Housing and Community Services Department shall adopt rules for implementing, administering and enforcing sections 3 and 4 of this 2003 Act. The department shall consult with advocacy groups representing affordable housing interests and advocacy groups representing individuals with mobility impairments prior to adopting rules under this section.

SECTION 6. Notwithstanding section 3 of this 2003 Act, the Housing and Community Services Department, by rule, may exempt new rental housing that is a subsidized development from the requirements of section 3 of this 2003 Act and provide funding for the exempted housing pursuant to a funding request received after July 1, 2004, if an initial funding request for the housing was submitted to the department prior to July 1, 2004, and rejected by the department.

SECTION 7. Section 6 of this 2003 Act is repealed July 1, 2006. The Housing and Community Services Department may continue to provide funding after July 1, 2006, to complete any housing approved prior to July 1, 2006, under section 6 of this 2003 Act.

SECTION 8. Sections 1 to 7 of this 2003 Act become operative July 1, 2004.

Approved by the Governor June 23, 2003

Filed in the office of Secretary of State June 23, 2003

Effective date January 1, 2004

__________