72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 833
Sponsored by Senator WALKER, Representatives DINGFELDER, KRUMMEL;
Senator DEVLIN, Representative BEYER
CHAPTER ................
AN ACT
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;
Enrolled Senate Bill 833 (SB 833-A) Page 1
(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
Enrolled Senate Bill 833 (SB 833-A) Page 2
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. + }
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Passed by Senate April 8, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 19, 2003
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Speaker of House
Enrolled Senate Bill 833 (SB 833-A) Page 3
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 833 (SB 833-A) Page 4