Chapter 456 — Housing
2011 EDITION
HOUSING
PUBLIC HEALTH AND SAFETY
GENERAL PROVISIONS
456.005 Definitions
for ORS chapters 456 and 458
HOUSING AUTHORITIES LAW
456.055 General
definitions for ORS 456.055 to 456.235
456.060 Definition
of “area of operation”; intergovernmental agreements
456.065 Definition
of “housing project”
456.070 Declaration
of necessity for establishment of housing authorities
456.075 Housing
authorities created; declaration of need required before housing authority may
function
456.080 Determination
of need for housing authority
456.085 Adopting
resolution declaring need for authority
456.090 Sufficiency
of resolution; copy as evidence
456.095 Appointment
and qualification of commissioners of housing authorities
456.100 Terms
and compensation of commissioners
456.105 Organization;
officers; quorum; employees; legal services
456.110 Removal
of commissioner
456.115 Commissioners
and employees may not have interest in project other than as tenant; disclosure
of interest; duty to act as prudent person
456.118 Prohibition
against using term; enjoining violations
456.120 Powers
of housing authority as public corporation
456.122 Inapplicability
of laws relating to other public bodies
456.125 Research,
planning, construction and operation of housing projects
456.128 Housing
authority intellectual property
456.130 Investigations,
hearings and recommendations of authority
456.135 Delegation
of powers or duties
456.140 Joinder
or cooperation of authorities
456.145 Eminent
domain
456.150 Housing
projects subject to local laws; consideration of other programs
456.153 Involvement
in mixed income housing project
456.155 Policy
regarding profit from projects; reserves
456.160 Limitations
as to rentals
456.165 Vested
rights of creditors not affected by restrictions of ORS 456.155 and 456.160
456.171 Independent
audit of authority
456.175 Issuance
of bonds; means for payment
456.180 Liability
on bonds; debt limitation
456.185 Issuance
of bonds
456.190 Presumption
of validity of bond
456.200 Powers
of authority in securing payment of bonds or lease obligations
456.202 Short-term
bond anticipation notes
456.205 Enforcing
rights of obligee of an authority
456.210 Power
of authority to confer additional rights upon obligee
456.215 Financial
aid and cooperation of federal government
456.220 Exemption
of property from process or judgment lien
456.230 Bonds
and income therefrom exempt from personal income taxes
456.233 Transfer
of housing authority from governing body to separate board
456.235 Dissolution
of housing authorities
WITHDRAWAL FROM FEDERAL HOUSING PROGRAM
456.250 Definitions
for ORS 456.250 to 456.265
456.255 Legislative
findings
456.260 Local
requirement of property withdrawal notice; contents; violations; condemnation
alternatives; continuation of tenancies
456.265 Sanctions
against withdrawing property owner prohibited
AFFORDABLE HOUSING COVENANTS
456.270 Definitions
for ORS 456.270 to 456.295
456.275 Legislative
findings
456.280 Covenant
creation, effect, conveyance, duration and termination
456.285 Permissible
provisions
456.290 Validity
of covenant
456.295 Action
affecting covenant
STATE AND LOCAL COOPERATION WITH HOUSING
PROJECTS
456.305 Definitions
for ORS 456.305 to 456.325
456.310 Purpose;
additional powers
456.315 Powers
of state public bodies in aiding or cooperating on housing projects
456.320 Donations
and loans to housing authority
456.325 Resolution
to exercise powers
456.355 Definitions
for ORS 456.355 to 456.370
456.360 Purpose;
additional powers
456.365 Powers
of city or county in aiding or cooperating on housing projects
456.370 Exercise
of powers; authorization by ordinance
VETERANS’ LOCAL HOUSING
456.505 Veterans’
housing by local agencies
SUBSIDIZED DEVELOPMENT VISITABILITY
456.506 Findings
456.508 Definitions
for ORS 456.510 and 456.513
456.510 Visitability
requirements
456.513 Exemption
from visitability requirements
456.514 Rules
HOUSING AND COMMUNITY SERVICES
DEPARTMENT
(Definitions)
456.515 Definitions
for ORS 456.515 to 456.725 and ORS chapter 458
(Elderly and Disabled Housing Bonds)
456.519 General
obligation bonds authorized
456.530 Willingness
to make residential loans factor in selecting depositaries
456.535 Elderly
and Disabled Housing Fund
456.539 Administration
of Elderly and Disabled Housing Fund; rules
456.541 Project
applications for housing serving persons with disabilities
456.543 Elderly
and Disabled Housing Sinking Fund
456.547 Assistance,
grants and gifts to department for housing purposes
(Administration)
456.548 Definitions
for ORS 456.548 to 456.725
456.550 Policy
456.555 Housing
and Community Services Department established; appointment of director; duties
of housing council and community action partnership; rules; fees
456.559 Powers
and duties of department
456.561 Loans,
grants and funding awards; review
456.562 Department
intellectual property; fees
456.565 Powers
of director
456.567 State
Housing Council; appointment; term; officers; compensation; staff; budget
duties
456.569 Authority
of Housing and Community Services Department to require fingerprints
456.571 Powers
and duties of council
456.572 State
housing plan; contents; annual update
456.574 Housing
and Community Services Department Revolving Account; use of moneys;
appropriation
456.576 Self-Sufficiency
Housing Fund
456.578 Use
of funds; petty cash fund
456.579 Mobile
Home Parks Purchase Account; restrictions; other funds
456.581 Mobile
Home Parks Purchase Account; use; rules
456.582 Prohibited
acts; civil penalty
456.585 Farmworker
housing information
456.587 Electricity
Public Purpose Charge Fund; Low-Income Electric Bill Payment Assistance Fund
(Portland Single-Family Housing)
456.589 Legislative
findings
456.593 Use
of bonds for single-family home loans in Portland; amount; income and area
limits; fees and charges
(Mortgage Credit Certificates)
456.605 Mortgage
credit certificate program
(Financing of Low-Income Housing)
456.612 Declaration
of financing purpose
456.620 Duties
of department in carrying out housing programs
456.623 Project
funding notification registry
456.625 Powers
of department; status of terms of project use contained in recorded instruments
456.627 Legislative
finding on availability of single-family residential loans
456.630 Services
to qualified sponsors and institutions
456.635 Commitments
on residential loans
456.640 Purchase
of residential loans
456.645 Revenue
bonds
456.655 When
bonds not to be issued; debt service reserve; bond declaration
456.661 Limitation
on revenue bond amount; legislative findings; designation of areas for issuance
of qualified mortgage bonds
456.665 Status
of revenue bonds; negotiability; interest tax-exempt
456.670 Bond
maturity; execution
456.675 Bond
provisions and limits; security for payment
456.680 Purchase
of bonds by department
456.685 Bondholders’
remedies
456.690 Loan
authority of department; rules
456.692 Loans
financed through bonds secured by specific properties
456.695 Housing
required to comply with land use plans, zoning and other ordinances
456.697 Restrictions
on use of financing provided by department; regulation of housing sponsor;
security interests
456.700 Pledge
and lien
456.705 Servicing
loans
456.710 Payment
of advances; use thereof; limitations
456.715 Insurance
of loans
456.717 Interim
construction financing for multifamily housing
456.720 Housing
Finance Fund; Housing Development Account
456.722 Preferences
in funding grants to low-income housing providers; rules
(Bonding)
456.723 Legislative
finding on bonding authority of department
DISCRIMINATION
456.725 Discrimination
against purchaser with children prohibited; exceptions; rules
GENERAL PROVISIONS
456.005 Definitions for ORS chapters 456
and 458. As used in ORS chapters 456 and 458:
(1)
“Federal government” includes the United States of America and any agency or
instrumentality, corporate or otherwise, of the United States of America.
(2)
“Housing authority” or “authority” means any public corporation created under
ORS 456.055 to 456.235.
(3)
“Housing Authorities Law” means ORS 456.055 to 456.235. [Amended by 1989 c.874 §7;
1995 c.79 §235; 1995 c.445 §1]
HOUSING AUTHORITIES LAW
456.055 General definitions for ORS
456.055 to 456.235. As used in the Housing
Authorities Law, unless the context requires otherwise:
(1)
“Affordable housing” means dwelling units that may be purchased or rented, with
or without government assistance, by persons of eligible income.
(2)
“Blighted area” means any area where housing, by reason of neglect and dilapidation,
is detrimental to the safety or health of the occupants or of the neighborhood
in which the housing is located.
(3)
“Bonds” means any bonds, notes, interim certificates, debentures or other
obligations issued by an authority pursuant to the Housing Authorities Law. The
giving of a note secured by a mortgage or trust deed will not constitute a
bond.
(4)
“The city” means the particular city included within a particular housing
authority.
(5)
“Clerk” means the recorder of the city or the clerk of the county, as the case
may be, or the officer of the city or the county, respectively, charged with
the duties customarily imposed on such clerk.
(6)
“County” means any county in the state. “The county” means a particular county
or counties for which a particular housing authority is created.
(7)
“Governing body” means, in the case of a city, the common council or other
legislative body thereof, and, in the case of a county, the county court,
commission or other legislative body thereof.
(8)
“Housing” means housing of all kinds, including but not limited to
single-family dwellings, multifamily dwellings, emergency shelters, dwelling
accommodations, living accommodations, manufactured dwelling parks, residential
units, housing projects or other dwellings.
(9)
“Housing unit” or “unit” means a single-family dwelling, a single apartment or
other single dwelling.
(10)
“Mixed income housing” means a housing project that houses tenants with a
mixture of income levels, including those not of lower income, for the purpose
of reducing the rents for tenants whose incomes are no greater than 60 percent
of the area median income.
(11)
“Obligee of the authority” or “obligee” includes any bondholder or trustee for
any bondholder, or lessor demising to the authority property used in connection
with a housing project, or any assignee of such lessor’s interest or any part
thereof, and the federal government when it is a party to any contract with the
authority.
(12)
“Persons of eligible income” means individuals or families who meet the
applicable income limits of local, state or federally funded programs or
developments.
(13)
“Private market” means those rental housing units owned and operated by
nongovernment entities and without government subsidies.
(14)
“Person of lower income” or “family of lower income” means a person or a
family, residing in this state, whose income is not greater than 80 percent of
the area median income, adjusted for family size, as determined by the Housing
and Community Services Department using United States Department of Housing and
Urban Development information.
(15)
“Real property” includes all lands, including improvements and fixtures
thereon, and property of any nature appurtenant thereto, or used in connection
therewith, and every estate, interest and right, legal or equitable, therein,
including terms for years and liens by way of judgment, mortgage or otherwise
and the indebtedness secured by such liens. [Amended by 1971 c.471 §1; 1973
c.672 §1; 1987 c.821 §1; 1989 c.874 §1; 1995 c.445 §2; 2007 c.606 §5]
456.060 Definition of “area of operation”;
intergovernmental agreements. (1) As used
in the Housing Authorities Law, unless the context requires otherwise, “area of
operation” includes:
(a)
In the case of a housing authority of a city:
(A)
The area within the city;
(B)
If the city has adopted in its comprehensive land use plan an urban growth
boundary recognized by the governing bodies of the counties in which it is
situated, the area within that urban growth boundary; and
(C)
Unless a county has an existing housing authority which is operating and
substantially addressing the need for housing in the county for persons of
lower income, the area within 10 miles from the territorial boundaries of the
city, excepting any area which lies within the territorial or urban growth
boundaries of some other city which has by ordinance prohibited such operation
within the city or its urban growth boundaries because the city finds that:
(i)
An existing public agency operating within the area is substantially addressing
the need for housing in the city for persons of lower income; or
(ii)
There is no need for housing in the city for persons of lower income.
(b)
In the case of a housing authority of a county, the area within the county
which lies:
(A)
Outside the territorial boundaries of any city or, if a city has adopted in its
comprehensive land use plan an urban growth boundary recognized by the
governing bodies of the counties in which it is situated, that urban growth
boundary; and
(B)
Inside the territorial or urban growth boundaries of any city unless the city
has by ordinance prohibited such operation within the city or its urban growth
boundary because the city finds that:
(i)
An existing public agency operating within the area is substantially addressing
the need for housing in the city for persons of lower income; or
(ii)
There is no need for housing in the city for persons of lower income.
(2)
As used in this section, “need” means the condition described in ORS 456.085.
(3)
Nothing in this section shall prevent units of local government from entering
into intergovernmental agreements pursuant to ORS 190.003 to 190.130 for the
purpose of:
(a)
Establishing areas of operation which are different from the areas specified in
this section, including agreements which utilize an urban growth boundary to
allocate areas of operation between the housing authorities of a city and a
county.
(b)
Permitting a specific housing program or portion of a program to be operated in
areas within the corporate limits of a city by an existing housing authority of
a county or some other city. [Amended by 1973 c.672 §2; 1977 c.667 §1; 1995
c.445 §14; 2003 c.14 §287]
456.065 Definition of “housing project.”
(1) As used in this section:
(a)
“Community services” means services provided by public or private nonprofit
organizations or service agencies that may include, but are not limited to,
child care, early childhood education, health, human resources, information and
referral services, basic life skills and adult literacy classes, support
services designed to improve self-sufficiency and recreational programs.
(b)
“Community services facilities” includes, but is not limited to, all buildings,
grounds or other real or personal property necessary to provide a public
benefit, appurtenances that are necessary, convenient or desirable, streets,
sewers, water service and other utilities, parks and gardens.
(2)
As used in the Housing Authorities Law, unless the context requires otherwise, “housing
project” means any work or undertaking:
(a)
To provide decent, safe and sanitary urban or rural housing for persons or
families of lower income. A work or undertaking described in this paragraph may
include buildings, land, equipment, facilities and other real or personal
property for necessary, convenient or desirable appurtenances, streets, sewers,
water service and other utilities, parks, site preparation, gardening,
administrative, community services, leased commercial facilities consistent
with mixed residential and commercial communities, health, recreational,
educational, welfare or other purposes authorized under ORS 456.055 to 456.235.
(b)
To provide community services facilities for the benefit of the health,
recreation, education, culture and welfare of the entire community, without
regard to the economic status of the persons or families who may utilize the
facilities.
(c)
To demolish, clear or remove buildings from any blighted area. A work or an
undertaking described in this paragraph may embrace the adaptation of the area
to public purposes, including housing, parks, community services facilities or
other recreational, educational, cultural or community purposes.
(d)
To accomplish a combination of the projects described in paragraphs (a), (b)
and (c) of this subsection, or accomplish the planning of the buildings and
improvements, the acquisition of property, the demolition of existing
structures, the construction, reconstruction, alteration and repair of the
improvements and all other work in connection with those projects.
(e)
To provide management, administration and contract services between the housing
authority and owners of decent, safe and sanitary housing for the purpose of
providing affordable housing to persons of eligible income. [Amended by 1973
c.672 §3; 1977 c.667 §2; 1989 c.874 §2; 1993 c.125 §1; 1995 c.79 §236; 1995
c.445 §3; 1997 c.406 §1; 2007 c.606 §6]
456.070 Declaration of necessity for
establishment of housing authorities. It hereby is
declared:
(1)
That there exists in this state a need for an increase in affordable housing
for persons or families of lower income.
(2)
That it is a goal of this state to increase the availability of affordable
housing for persons and families of lower income.
(3)
That there is a necessity in the public interest for the Housing Authorities
Law. [Amended by 1973 c.672 §4; 1995 c.445 §4]
456.075 Housing authorities created;
declaration of need required before housing authority may function.
In each city, as defined in ORS 456.055, and county there hereby is created a
public body corporate and politic to be known as the “housing authority” of the
city or county. However, the housing authority shall not transact any business
or exercise its powers until or unless the governing body of the city or the county,
by proper resolution, declares that there is need for an authority to function
in such city or county. The governing body of the city or the county shall also
elect to have the powers of a housing authority exercised in any one of the two
ways provided in ORS 456.095 (1). [Amended by 1969 c.630 §2; 1975 c.322 §1]
456.080 Determination of need for housing
authority. (1) The determination whether there is
a need for a housing authority to function in a city or county may be made
either by election as provided in this section or by the governing body of a
city or county on its own motion. The governing body of the city or county
shall order the election when a petition is filed as provided in this section.
(2)
A petition under this section must state that there is a need for a housing
authority to function.
(3)
Except as provided in subsections (4) and (5) of this section, the requirements
for preparing, circulating and filing a petition under this section shall be as
provided for an initiative petition:
(a)
In the case of a county, in ORS 250.165 to 250.235.
(b)
In the case of a city, in ORS 250.265 to 250.346.
(4)
Notwithstanding ORS 250.325, a city governing body shall submit the question to
the electors without first considering its adoption or rejection.
(5)
If ORS 250.155 makes ORS 250.165 to 250.235 inapplicable to a county or if ORS
250.255 makes ORS 250.265 to 250.346 inapplicable to a city, the requirements
for preparing, circulating and filing a petition under this section shall be as
provided for an initiative petition under the county or city charter or an
ordinance adopted under the county or city charter.
(6)
An election under this section shall be conducted under ORS chapters 246 to
260, and:
(a)
In the case of a city, must be held on a date specified in ORS 221.230.
(b)
In the case of a county, must be held on a date specified in ORS 203.085.
(7)
If the electors voting at the election favor the functioning of the housing
authority, the governing body shall declare that there is need for such housing
authority to function.
(8)
The question of need shall not again be submitted at any election within one
year immediately following the election at which the question was voted upon. [Amended
by 1983 c.350 §275]
456.085 Adopting resolution declaring need
for authority. The governing body shall adopt a
resolution declaring that there is need for a housing authority in the city or
county, if it finds that there exists a need for additional safe, decent and
sanitary affordable housing for persons or families of lower income. [Amended
by 1973 c.672 §5; 1995 c.445 §5]
456.090 Sufficiency of resolution; copy as
evidence. (1) In any suit, action or proceeding
involving the validity or enforcement of or relating to any contract of
authority, the authority is conclusively deemed to have become established and
authorized to transact business and exercise its powers upon proof of the
adoption of a resolution by the governing body declaring the need for the
authority. The resolution is deemed sufficient if it declares that there is a
need for an authority and finds that the condition described in ORS 456.085
exists in the city or county, in substantially the terms used in that
subsection, no further detail being necessary.
(2)
A copy of such resolution duly certified by the clerk shall be admissible in
evidence in any suit, action or proceeding. [Amended by 1995 c.445 §15]
456.095 Appointment and qualification of
commissioners of housing authorities. (1) When the
governing body of a city or county adopts a resolution pursuant to ORS 456.085,
the governing body may then elect to have the powers of a housing authority
under this chapter, ORS chapter 455 and ORS 446.515 to 446.547 exercised in any
of the following ways:
(a)
Appointing by resolution, a commission composed of five, seven or nine persons.
(b)
Declaring, by resolution, that the governing body, itself, shall exercise the
powers of a housing authority under this chapter, ORS chapter 455 and ORS
446.515 to 446.547. A governing body that exercises the powers of a housing
authority may appoint at least one but not more than two additional
commissioners for the housing authority. An appointed commissioner has the same
authority as other housing authority commissioners, but may not exercise any
powers of the governing body. At least one appointed commissioner must be a
resident who receives direct assistance from the housing authority. The second
appointed commissioner, if any, at a minimum must live within the jurisdiction
of the authority. An appointed commissioner serves a term of office equal in
length to the terms of office for governing body members, but not more than
four years. An appointed commissioner may be removed only for cause as
described in ORS 456.110 or if the commissioner ceases to meet the requirements
for being an appointed commissioner. In the event that a housing authority
commission consisting of the governing body of a city and one or more appointed
commissioners has an even number of members, the mayor shall be included as a
member of the commission for the housing authority. An act of a governing body
exercising the powers of a housing authority is an act of the commission for
the housing authority only and not of the governing body.
(2)
When the governing bodies of two or more authorities join and cooperate with
one another and create a regional authority to exercise all the powers
conferred by the Housing Authorities Law, as authorized by ORS 456.140, the
governing bodies of the cooperating cities and counties shall by resolution
appoint a commission for the regional authority consisting of nine persons. The
cooperating cities and counties shall each appoint an equal number of the nine
commissioners. If nine divided by the number of joining or cooperating cities
and counties produces a fraction, then the commissioners appointed by such
cities and counties shall appoint one commissioner so that nine commissioners
in all are appointed. The nine commissioners appointed by or on behalf of
cities or counties may appoint at least one but not more than two additional
commissioners for the housing authority. At least one additional commissioner
must be a resident who receives direct assistance from the housing authority.
The second additional commissioner, if any, at a minimum must live within the
jurisdiction of the authority. The term of office for an additional
commissioner is equal to the term of office for a commissioner appointed by or
on behalf of cities or counties. An additional commissioner may be removed only
for cause as described under ORS 456.110 or if the person ceases to meet the
requirements for being an additional commissioner.
(3)
A commissioner of an authority may not be an officer or employee of any city or
county for which the authority is created, unless the commissioner is a member
of the governing body or one of the governing bodies.
(4)
Persons appointed to the commission shall include a variety of occupations. At
least one commissioner, but not more than two commissioners, appointed under
subsection (1)(a) of this section must be a resident who receives direct
assistance from the housing authority.
(5)
A governing body shall adopt a resolution for the appointment or reappointment
of a commissioner. A governing body resolution is conclusive evidence that the
commissioner was properly appointed. [Amended by 1969 c.630 §3; 1971 c.592 §1;
1973 c.672 §6; 1975 c.335 §1; 2001 c.547 §3; 2007 c.606 §7]
456.100 Terms and compensation of
commissioners. (1) The commissioners of a five-member
authority who are first appointed shall serve terms as follows:
(a)
One commissioner shall be appointed for a term of one year.
(b)
One commissioner shall be appointed for a term of two years.
(c)
One commissioner shall be appointed for a term of three years.
(d)
Two commissioners shall be appointed for terms of four years.
(2)
The commissioners of a seven-member authority who are first appointed shall
serve terms as follows:
(a)
One commissioner shall be appointed for a term of one year.
(b)
Two commissioners shall be appointed for terms of two years.
(c)
Two commissioners shall be appointed for terms of three years.
(d)
Two commissioners shall be appointed for terms of four years.
(3)
The commissioners of a nine-member authority who are first appointed shall
serve terms as follows:
(a)
Two commissioners shall be appointed for terms of one year.
(b)
Two commissioners shall be appointed for terms of two years.
(c)
Two commissioners shall be appointed for terms of three years.
(d)
Three commissioners shall be appointed for terms of four years.
(4)
Thereafter, commissioners shall be appointed by resolution in the same manner
as their original appointment for a term of office of four years except that
all vacancies shall be filled for the unexpired term. A commissioner shall hold
office until a successor has been appointed and qualified.
(5)
A commissioner shall receive no compensation for services, but shall be
entitled to the necessary expenses, including traveling expenses, incurred in
the discharge of the duties of the commissioner. [Amended by 1973 c.672 §7;
2001 c.547 §4]
456.105 Organization; officers; quorum;
employees; legal services. (1) A majority of the
commissioners of an authority shall constitute a quorum of the authority for
the purpose of conducting its business and exercising its powers and for all
other purposes.
(2)
Except as otherwise provided in the Housing Authorities Law, action may be
taken by the authority upon a vote of a majority of the commissioners present,
a quorum being present, unless the bylaws of the authority require a larger
number.
(3)
The authority shall select a chairperson and vice chairperson from among its
commissioners.
(4)
An authority may employ a secretary (who shall be executive director),
technical experts and such other officers, agents and employees, permanent and
temporary, as it requires. It shall determine their qualifications, duties and
compensation.
(5)
For such legal services as it requires, an authority may, if it is not a
regional authority, call upon the chief law officer of the city or the county
or it may employ its own counsel and legal staff. [Amended by 1973 c.672 §8]
456.110 Removal of commissioner.
For inefficiency or neglect of duty or misconduct in office, a commissioner of
an authority appointed pursuant to ORS 456.095 (1) or (2) may be removed by the
mayor or, in the case of an authority for a county, by the governing body of
the county or, in the case of a regional authority, by the appointing authority
for the commissioner. This section does not allow the removal of a member of a
governing body exercising power as a housing authority. A commissioner shall
not be removed until after the commissioner has been given a copy of the
charges at least 10 days prior to the hearing thereon and had an opportunity to
be heard in person or by counsel. In the event of the removal of any
commissioner, a record of the proceedings, together with the charges and
findings thereon, shall be filed in the office of the clerk for each city and
county in the authority. [Amended by 1969 c.630 §4; 1973 c.672 §9; 2001 c.547 §5]
456.115 Commissioners and employees may
not have interest in project other than as tenant; disclosure of interest; duty
to act as prudent person. (1) No commissioner or employee
of an authority shall acquire any interest in any housing project or in any
property included or planned to be included in any project, nor shall the
commissioner or employee of an authority have an interest except as a tenant in
any contract or proposed contract for materials or services to be furnished or
used in connection with any housing project.
(2)
For the purposes of subsection (1) of this section, the leasehold interest of a
tenant appointed to the board or commission under ORS 456.095 shall not be
considered an interest in a project, property or contract if the leasehold
interest is granted on the same basis and is subject to the same terms and
conditions as other leasehold interests of other tenants of the authority. A
tenant-commissioner shall refrain from voting on any action that affects the
individual interest of the tenant-commissioner as distinguished from the
interests of tenants as a class.
(3)
If any commissioner or employee of an authority owns or controls an interest in
any property included or planned to be included in any housing project, the
commissioner or employee immediately shall disclose the same in writing to the
authority. Such disclosure shall be entered upon the minutes of the authority.
Failure so to disclose such interest shall constitute misconduct in office.
(4)
A commissioner shall discharge the commissioner’s duties with the care, skill,
prudence and diligence under the circumstances then prevailing that a prudent
person acting in a like capacity and familiar with such matters would use in
the conduct of an enterprise of a like character. [Amended by 1975 c.335 §2;
1995 c.483 §1]
456.118 Prohibition against using term;
enjoining violations. No person other than a housing
authority created under ORS 456.055 to 456.235 may use the term “housing
authority” or a variation of the term “housing authority” in the corporate or
other business name or title of the person. Any housing authority may bring a
civil suit to enjoin a violation of this section, regardless of whether the
housing authority shows that the authority will suffer damage from the
violation. [2007 c.606 §3]
456.120 Powers of housing authority as
public corporation. A housing authority shall
constitute a public body corporate and politic, exercising public and essential
governmental functions, and having all the powers necessary or convenient to
carry out and effectuate the purposes of the Housing Authorities Law. These
powers shall be vested in the commissioners of the authority and shall include
the following in addition to others granted in the Housing Authorities Law:
(1)
To sue and be sued.
(2)
To have a seal and to alter the same at pleasure.
(3)
To have perpetual succession.
(4)
To make and execute contracts and other instruments necessary or convenient to
the exercise of the powers of the authority.
(5)
To make and from time to time amend and repeal bylaws, rules and regulations,
not inconsistent with the Housing Authorities Law, to carry into effect the
powers and purposes of the authority.
(6)
To arrange or contract for the furnishing by any person or agency, public or
private, of services, privileges, works or facilities for, or in connection
with, a housing project or the occupants thereof.
(7)
Notwithstanding any laws to the contrary, to include in any contract let in
connection with a project, stipulations requiring that the contractor and any
subcontractors comply with requirements as to minimum wages and maximum hours
of labor, and comply with any conditions which the federal government attaches
to its financial aid of the project.
(8)
To lease or rent any housing, lands, buildings, structures or facilities
embraced in any housing project and, subject to the limitations of the Housing
Authorities Law, to establish and revise the rents or charges therefor.
(9)
To own, hold and improve real or personal property.
(10)
To purchase, buy on contract, exchange, lease, lease back, obtain options upon,
acquire by gift, grant, bequest, devise or otherwise any real or personal
property or any interest therein and to give its mortgage or trust deed
covering any real property or security agreement covering any personal property
or any interest in either.
(11)
To sell, mortgage, lease, rent, exchange, transfer, assign, pledge or otherwise
dispose of any real or personal property or any interest therein.
(12)
To insure or provide for the insurance of any real or personal property or
operations of the authority against any risks or hazards.
(13)
To procure insurance or guarantees from the federal government of the payment
of any debts or parts thereof, whether or not incurred by said authority,
secured by mortgages on any property included in any of its housing projects.
(14)
To invest any funds held in reserves or sinking funds, or any funds not
required for immediate disbursement, in property or any investment in which an
Oregon city may legally invest surplus funds, and, in addition, to invest bond
proceeds and amounts held in bond payment, reserve and proceeds accounts in
investment agreements that:
(a)
Produce a guaranteed rate of return;
(b)
Are fully collateralized by direct obligations of, or obligations guaranteed
by, the United States; and
(c)
Require that the collateral be held by the authority, an agent of the authority
or a third-party safekeeping agent.
(15)
To purchase its bonds at a price not more than the principal amount thereof and
accrued interest, all bonds so purchased to be canceled.
(16)
To exercise all or any part or combination of powers granted in the Housing
Authorities Law.
(17)
To borrow money pursuant to ORS 456.055 to 456.235 or as otherwise allowed and
accept advances, loans or grants or any other form of financial assistance or
any combination of these forms of assistance from the federal government,
state, county or other public body, or from any sources, public or private, for
the purpose of undertaking and carrying out housing projects.
(18)
To enter in a partnership agreement with or loan money to an individual,
partnership, corporation or other association to finance, plan, undertake, construct,
acquire, manage or operate a housing project.
(19)
To finance, develop, own, operate or manage a mixed income housing project that
meets the following requirements:
(a)
No fewer than 20 percent of the units in the project so financed shall be rented
to households with incomes of 50 percent or less of area median income;
(b)
No fewer than 40 percent of the units in the project so financed shall be
rented to households with incomes of 60 percent or less of area median income;
or
(c)
The minimum requirements imposed by any federal tax law that is applicable to
the project.
(20)
To form, finance and have a nonstock interest in, and to manage or operate,
partnerships, nonprofit corporations and limited liability companies in order
to further the purposes of the housing authority. [Amended by 1987 c.821 §2;
1989 c.874 §3; 1991 c.600 §1; 1995 c.79 §237; 1995 c.445 §6; 1995 c.483 §2;
2007 c.606 §8]
456.122 Inapplicability of laws relating
to other public bodies. Unless specifically provided, no
law with respect to the acquisition, operation or disposition of property by
other public bodies applies to a housing authority.
456.125 Research, planning, construction
and operation of housing projects. Within its
area of operation, a housing authority may:
(1)
Investigate into living, dwelling and housing conditions and into the means and
methods of improving such conditions by either the housing authority or the
private market.
(2)
Determine where blighted areas exist or where there is a shortage of decent,
safe and sanitary housing for persons or families of lower income.
(3)
Make studies and recommendations relating to the problem of clearing,
replanning and reconstructing blighted areas to provide affordable housing and
the problem of providing housing for persons or families of lower income. An
authority is encouraged to cooperate with the private market and the city,
county or state or any of their political subdivisions in action taken in
connection with identifying and solving such problems.
(4)
Engage in research, studies and experimentation on the subject of housing.
(5)
Prepare, carry out, acquire, lease and operate housing projects.
(6)
Provide for the construction, reconstruction, improvement, alteration or repair
of any housing project or any part thereof. [Amended by 1973 c.672 §10; 1995
c.445 §7; 2007 c.606 §9]
456.128 Housing authority intellectual
property. (1) As used in this section:
(a)
“Housing authority” means a housing authority created under ORS 456.075. “Housing
authority” includes a person exercising delegated powers and duties under ORS
456.135, a local government electing under ORS 456.095 to have the powers of a
housing authority and a body to which powers and authority are transferred
under ORS 456.233.
(b)
“Intellectual property” and “person” have the meanings given those terms in ORS
456.562.
(2)
Subject to any superior patent rights or copyrights, a housing authority may
license, share or otherwise provide for the use by a person of intellectual
property acquired or developed by the authority. Except as provided in this
subsection, the housing authority may charge fees for licensing, sharing or
otherwise providing for the use of the intellectual property. The housing
authority may not charge a fee under this subsection to a federal, state or
local government body.
(3)
A housing authority may take actions that the authority deems necessary and
appropriate to carry out this section, including but not limited to applying
for patents or copyright registration to perfect or preserve the authority’s
rights in intellectual property. [2003 c.605 §2]
Note:
456.128 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 456 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
456.130 Investigations, hearings and recommendations
of authority. Any authority, acting through one or
more commissioners or other persons designated by the authority, may:
(1)
Conduct examinations and investigations and hear testimony and take proof under
oath at private or public hearings on any matter material for its information.
(2)
Administer oaths, issue subpoenas requiring the attendance of witnesses or the
production of books and papers and issue commissions for the examination of
witnesses who are outside the state or unable to attend before the authority or
excused from attendance.
(3)
Make available to appropriate agencies, including those charged with the duty
of abating or requiring the correction of nuisances or like conditions, or of
demolishing unsafe or insanitary structures within the area of operation, its
findings and recommendations with regard to any buildings or property where
conditions exist which are dangerous to the public health, morals, safety or
welfare.
456.135 Delegation of powers or duties.
An authority may delegate to one or more of its agents or employees such powers
or duties as it deems proper.
456.140 Joinder or cooperation of
authorities. Any two or more authorities may join or
cooperate with one another in the exercise of any or all of the powers
conferred by the Housing Authorities Law for the purpose of financing,
planning, undertaking, constructing or operating a housing project or projects
located within the area of operation of one or more of the authorities.
456.145 Eminent domain.
(1) An authority may acquire, by the exercise of the power of eminent domain,
any real property which it deems necessary for its purposes after adoption by
it of a resolution declaring that the acquisition of the real property
described therein is necessary for such purposes. An authority may exercise the
power of eminent domain in the manner provided for in the laws of this state
for the condemnation of lands or rights of way by public or quasi-public
corporations for public use or for corporate purposes; or in the manner
provided by law for the appropriation of real property, or rights therein or
thereto, by private corporations; or in the manner provided by any other
applicable statutory provisions for the exercise of the power of eminent
domain.
(2)
Property already devoted to a public use may be acquired in like manner, but no
real property belonging to the city, the county, the state or any political
subdivision thereof may be acquired without its consent.
456.150 Housing projects subject to local
laws; consideration of other programs. (1) All
housing projects of an authority shall be subject to the planning, zoning,
sanitary and building laws, ordinances and regulations applicable to the
locality in which the housing project is situated.
(2)
In the planning and location of any housing project, an authority shall take
into consideration the relationship of the project to any larger plan or
long-range program for the development of the area in which the housing
authority functions.
456.153 Involvement in mixed income
housing project. A housing authority may finance,
develop, own, manage or operate a mixed income housing project if:
(1)
The housing authority determines that a substantial number of persons of
eligible income in the area served by the authority cannot obtain housing for
30 percent or less of their income.
(2)
Based on the determination under subsection (1) of this section, the housing
authority adopts a resolution declaring the need for additional housing for
persons or families of lower income that can be addressed by the authority
financing, developing, owning, managing or operating a mixed income housing
project. [1995 c.445 §9; 2007 c.606 §10]
456.155 Policy regarding profit from
projects; reserves. (1) It hereby is declared to be
the policy of this state that:
(a)
Each housing authority shall manage and operate its housing projects in an
efficient and cost-effective manner so as to enable it to set the rents for
housing units at the lowest possible rates consistent with providing decent,
safe and sanitary housing and fulfilling the unmet need of affordable housing
for persons or families of lower income.
(b)
No housing authority shall construct or operate any such housing for profit, or
as a source of revenue to a city or a county.
(2)
Notwithstanding any provisions of this section to the contrary, a housing
authority may establish and maintain reasonable reserves for the purpose of
providing additional housing projects that the authority owns or manages and
otherwise administering its programs pursuant to this chapter. [Amended by 1977
c.343 §1; 1989 c.874 §4; 1995 c.445 §10]
456.160 Limitations as to rentals.
In the operation or management of housing projects, a housing authority shall
at all times observe the following duties with respect to rentals and tenant
selection:
(1)
A housing authority may rent or lease the housing only to persons of eligible
income, except:
(a)
If the authority owns, operates or manages the housing and a substantial number
of the housing units are required to be rented or leased to persons of eligible
income; or
(b)
If the authority acquires an existing housing unit that houses a tenant not of
eligible income, the tenant may remain in the unit at the discretion of the
authority, unless the tenant is determined ineligible for reasons other than
income qualification.
(2)
A housing authority may rent or lease the housing at rents no higher than will
provide revenue sufficient to give financial stability to the housing
authority. This limitation does not apply to housing units that are owned,
operated or managed as described in subsection (1) of this section if the units
are not occupied by families receiving assistance from an authority. [Amended
by 1973 c.672 §11; 1977 c.667 §3; 1987 c.821 §3; 1995 c.445 §11; 2007 c.606 §11]
456.165 Vested rights of creditors not
affected by restrictions of ORS 456.155 and 456.160.
ORS 456.155 and 456.160 do not limit the power of an authority to vest in an
obligee the right, in the event of a default by the authority, to take
possession of a housing project or cause the appointment of a receiver thereof
or acquire title thereto through foreclosure proceedings, free from all the
restrictions imposed by those sections.
456.170
[Amended by 1973 c.672 §12; repealed by 2007 c.606 §13]
456.171 Independent audit of authority.
At least once each year, a housing authority shall procure an independent audit
of authority finances and activities for the preceding year, make the audit
available for inspection by the public and provide a copy of the audit to each
governing body that appoints the housing authority commissioners. [2007 c.606 §2]
456.175 Issuance of bonds; means for
payment. An authority may issue bonds from time
to time in its discretion upon the resolution adopted by a majority vote of the
commissioners for any of its corporate purposes. An authority may also issue
refunding and advance refunding bonds for the purpose of paying or retiring
bonds previously issued by it. [Amended by 1989 c.874 §5]
456.180 Liability on bonds; debt
limitation. (1) Neither the commissioners of an
authority nor any person executing the bonds shall be liable personally on the
bonds by reason of the issuance thereof.
(2)
The bonds and other obligations of an authority shall not be a debt of the
city, the county, the state or any political subdivision thereof, and the bonds
and obligations shall so state on their face. Neither the city, the county, nor
the state or any political subdivision thereof shall be liable thereon. Nor, in
any event, shall such bonds or obligations be payable out of any funds or
properties other than those of the authority.
(3)
The bonds shall not constitute an indebtedness within the meaning of any
constitutional or statutory debt limitation or restriction.
456.185 Issuance of bonds.
Bonds of an authority must be authorized by its resolution adopted by a vote of
a majority of the commissioners, must be issued as prescribed in ORS chapter
287A and are not subject to the requirements of ORS 287A.150. [Amended by 1969
c.694 §13; 1973 c.672 §13; 1977 c.188 §5; 1981 c.94 §42; 1989 c.874 §8; 2001
c.215 §11; 2007 c.783 §193]
456.190 Presumption of validity of bond.
In any suit, action or proceedings involving the validity or enforceability of
any bond of an authority or the security therefor, any bond reciting in
substance that it has been issued by the authority to aid in financing a
housing project to provide housing for persons or families of lower income is
conclusively deemed to have been issued for a housing project of such character
and said project is conclusively deemed to have been planned, located and
constructed in accordance with the Housing Authorities Law. [Amended by 1973
c.672 §14; 1995 c.445 §12; 2007 c.783 §194]
456.195
[Repealed by 1989 c.874 §9]
456.197 [1969
c.694 §15; 1973 c.672 §15; repealed by 1989 c.874 §9]
456.200 Powers of authority in securing
payment of bonds or lease obligations. In connection
with the issuance of bonds or the incurring of obligations and in order to
secure the payment of such bonds or obligations, an authority may:
(1)
Pledge all or any part of its gross or net rents, fees or revenues to which its
right then exists or thereafter comes into existence.
(2)
Mortgage its real or personal property, then owned or thereafter acquired.
(3)
Covenant against pledging all or any part of its rents, fees and revenues, or
against mortgaging all or any part of its real or personal property to which
its right or title then exists or may thereafter come into existence or against
permitting or suffering any lien on such revenues or property.
(4)
Covenant with respect to limitations on its right to sell, lease or otherwise
dispose of any housing project or any part thereof.
(5)
Covenant as to what other or additional debts or obligations may be incurred by
it.
(6)
Covenant as to the bonds to be issued and as to the issuance of such bonds in
escrow or otherwise, and as to the use and disposition of the proceeds thereof.
(7)
Provide for the replacement of lost, destroyed or mutilated bonds.
(8)
Covenant against extending the time for the payment of its bonds or interest
thereon.
(9)
Redeem the bonds and covenant for their redemption and provide the terms and
conditions thereof.
(10)
Covenant, subject to the limitations of the Housing Authorities Law, as to the
rents and fees to be charged in the operation of a housing project or projects,
the amount to be raised each year or other period of time by rents, fees and
other revenues, and as to the use and disposition to be made thereof.
(11)
Create or authorize the creation of special funds for moneys held for
construction or operating costs, debt service, reserves or other purposes, and
covenant as to the use and disposition of the moneys held in such funds.
(12)
Prescribe the procedure, if any, by which the terms of any contract with
bondholders may be amended or abrogated, the amount of bonds the holders of
which must consent thereto and the manner in which such consent may be given.
(13)
Covenant as to the use, maintenance and replacement of its real and personal
property, the insurance to be carried thereon and the use and disposition of
insurance moneys.
(14)
Covenant as to the rights, liabilities, powers and duties arising upon the
breach by it of any covenant, condition or obligation.
(15)
Covenant and prescribe as to events of default and terms and conditions upon
which any or all of its bonds or obligations become or may be declared due
before maturity, and as to the terms and conditions upon which such declaration
and its consequences may be waived.
(16)
Vest in a trustee or trustees or the holders of bonds or any proportion of them
the right to enforce the payment of the bonds or any covenants securing or
relating to the bonds.
(17)
Vest in a trustee or trustees the right, in the event of a default by said
authority, to take possession and use, operate and manage any housing project
or part thereof, and to collect the rents and revenues arising therefrom and to
dispose of such moneys in accordance with the agreement of the authority with
said trustee.
(18)
Provide for the powers and duties of a trustee or trustees and to limit their
liabilities.
(19)
Provide the terms and conditions upon which the trustee or trustees or the
holders of bonds or any proportion of them may enforce any covenant or rights
securing or relating to the bonds.
(20)
Exercise all or any part or combination of the powers granted in this section.
(21)
Make covenants other than and in addition to the covenants expressly authorized
in this section, of like or different character.
(22)
Make any covenants and do any acts and things necessary or convenient or
desirable in order to secure its bonds, or, in the absolute discretion of said
authority, tending to make the bonds more marketable although the covenants,
acts or things are not enumerated in this section.
(23)
Purchase letters of credit, bond insurance or any other credit enhancement
device that would establish or increase marketability of its bonds.
(24)
Pay its obligations with income, revenues or loan repayments of the housing
project financed with the proceeds of such obligations, or with such proceeds
together with a grant from the federal government or this state in aid of such
project. [Amended by 1987 c.821 §5; 1989 c.874 §6; 1991 c.600 §2]
456.202 Short-term bond anticipation
notes. (1) An authority shall have the power
to borrow money for the purposes for which its bonds are to be issued in
anticipation of the receipt of proceeds of the sale of such bonds and within
the authorized maximum of such bond issue.
(2)
Bond anticipation notes shall be issued for all moneys borrowed under the
provisions of this section. Such notes may be issued for a period not exceeding
one year and may be renewed from time to time for periods not exceeding one
year, but each such note, including renewals, shall mature and be paid not
later than five years after the date on which the original note was issued.
Such notes shall be authorized by resolution of the authority, adopted by a
majority of the commissioners, and shall be in such denomination or
denominations, shall bear interest at such rate or rates, shall be in such
form, and shall be executed in such manner, all as a majority of the
commissioners shall prescribe. Such notes may be sold at public or private sale
in the manner and at such price or prices or for such other consideration,
including real or personal property, as the authority shall determine, provided
that if such notes be renewal notes, they may be exchanged for notes then
outstanding on such terms as the authority shall determine. [1977 c.342 §2]
456.205 Enforcing rights of obligee of an
authority. An obligee of an authority, in addition
to all other rights conferred on the obligee, subject only to any contractual
restrictions binding upon the obligee, may:
(1)
By mandamus or other action or proceeding for legal or equitable remedies,
compel the authority and its commissioners, officers, agents or employees to
perform each and every term, provision and covenant contained in any contract
of the authority with or for the benefit of such obligee, and require the
carrying out of all covenants and agreements of the authority and the
fulfillment of all duties imposed upon the authority by the Housing Authorities
Law.
(2)
By action or proceeding, enjoin any acts or things which may be unlawful, or
the violation of any rights of the obligee. [Amended by 1979 c.284 §149]
456.210 Power of authority to confer additional
rights upon obligee. An authority, by its resolution,
trust indenture, mortgage, lease or other contract, may confer upon any obligee
holding or representing a specified amount in bonds, or holding a lease, the
right, in addition to all rights that may otherwise be conferred, upon the
happening of an event of default as defined in such resolution or instrument,
by suit, action or proceeding in any court of competent jurisdiction:
(1)
To cause possession of any housing project or any part thereof to be surrendered
to an obligee.
(2)
To obtain the appointment of a receiver of any housing project of the authority
or any part thereof and of the rents and profits therefrom. If a receiver is
appointed, the receiver may enter and take possession of the housing project or
any part thereof and operate and maintain it and collect and receive all fees,
rents, revenues or other charges thereafter arising therefrom, and shall keep
such moneys in separate accounts and apply them in accordance with the
obligations of the authority as the court directs.
(3)
To require the authority and its commissioners to account as if it and they
were the trustees of an express trust.
456.215 Financial aid and cooperation of
federal government. (1) An authority may:
(a)
Borrow money or accept grants or other financial assistance from the federal
government for or in aid of any housing project within its area of operation.
(b)
Take over or lease or manage any housing project or undertaking constructed or
owned by the federal government.
(c)
Comply with such conditions and enter into such mortgages, trust indentures,
leases or agreements as may be necessary, convenient or desirable for the
purposes of this subsection.
(2)
It is the purpose and intent of the Housing Authorities Law to authorize every
authority to do all things necessary or desirable to secure the financial aid
or cooperation of the federal government in the undertaking, construction,
maintenance or operation of any housing project by such authority.
456.220 Exemption of property from process
or judgment lien. All real property of an
authority is exempt from levy and sale by virtue of an execution. No execution
or other judicial process shall issue against such property nor shall any
judgment against an authority be a charge or lien upon its real
property. However, this section does not apply to or limit the right of
obligees to foreclose or otherwise enforce any mortgage of an authority or the
right of obligees to pursue any remedies for the enforcement of any pledge or
lien given by an authority on its rents, fees or revenues.
456.225
[Amended by 1991 c.851 §1; 1995 c.445 §13; 1997 c.406 §2; renumbered 307.092 in
2003]
456.230 Bonds and income therefrom exempt
from personal income taxes. Bonds of an authority are
declared to be issued for an essential public and governmental purpose and to
be public instrumentalities. The bonds, together with interest thereon and
income therefrom, are exempt from personal income taxes under ORS chapter 316. [Amended
by 2007 c.783 §195]
456.233 Transfer of housing authority from
governing body to separate board. If, pursuant
to this chapter, ORS chapter 455 and ORS 446.515 to 446.547, the governing body
in a city or a county has declared, by resolution, that the governing body
itself shall exercise the powers of a housing authority under this chapter, ORS
chapter 455 and ORS 446.515 to 446.547, the governing body may thereafter, by
resolution, elect to transfer such powers and the authority to act as the
housing authority to any other body which may be designated by this chapter,
ORS chapter 455 and ORS 446.515 to 446.547 to exercise such powers. The
governing body of the city or county may, by resolution, transfer the powers
and authority to act as the housing authority to itself. All duties and
obligations of the governing body as the housing authority of the municipality
shall thereafter be assumed and performed by the body to which such powers and
authority are transferred. [1969 c.630 §1; 1975 c.322 §2; 1979 c.621 §17]
456.235 Dissolution of housing authorities.
(1) A housing authority may be dissolved upon a majority vote of its
commissioners at any regular or special meeting of the commission whereof all
the members of the commission have been notified. Except with the consent of
the obligees of the housing authority to dissolution, no authority having
outstanding bonds or indebtedness shall be dissolved unless the assets of the
authority are sufficient to pay such bonds and indebtedness. A copy of the
order or resolution of dissolution shall be filed with the clerk of the city or
the county, as the case may be.
(2)
Upon dissolution of an authority, the property and assets thereof not required
for the liquidation of indebtedness of the authority shall vest in or be paid
over to the city or the county for which the authority was created or, where a
regional authority is dissolved, be paid over to the cities and counties in the
authority in proportion to the population within each cooperating city and
county according to the most recent determination under ORS 190.510 to 190.610;
provided, that if the housing project be located within an incorporated city,
then such property and assets shall be paid over and delivered to such city,
even though the authority may have been created by a county. Any moneys so
received by the clerk shall be credited to the general fund of the city or the
county, as the case may be.
(3)
After voting for dissolution the authority shall be dissolved for all purposes,
excepting, there shall be allowed a period of not to exceed three years after
said vote for the liquidation of indebtedness and final settlement of its
affairs. [1953 c.716 §2; 1973 c.672 §16]
WITHDRAWAL FROM FEDERAL HOUSING PROGRAM
456.250 Definitions for ORS 456.250 to
456.265. As used in this section and ORS 456.255
to 456.265:
(1)
“Federal housing program” means a federal project-based Section 8 subsidized
housing program.
(2)
“Local government” means a city, county, public corporation, metropolitan
service district or other district.
(3)
“Participating property” means property that is the subject of a contract
between the property owner and the United States Department of Housing and
Urban Development for participation in a federal housing program. [1999 c.275 §1]
Note:
456.250 to 456.265 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 456 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
456.255 Legislative findings.
(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 properties in this state that participate in federal
housing programs are about to expire. Local governments need an effective
process for assessing these expiring contracts and determining whether to
assume ownership of the participating properties. The assessment and
determination process should ensure appropriate statewide uniformity while
maintaining local flexibility. The process should also ensure the rights of
property owners and tenants to fair treatment as the contracts expire.
(2)
ORS 456.260 and 456.265 are intended to provide a framework for addressing the
withdrawal of participating property from federal housing programs. [1999 c.275
§2]
Note: See
note under 456.250.
456.260 Local requirement of property
withdrawal notice; contents; violations; condemnation alternatives;
continuation of tenancies. (1) In establishing a procedure
to deal with expiring contracts for participating properties, a local
government may:
(a)
Require the owner of a participating property to:
(A)
Provide notice of the pending contract expiration to each local government that
has requested notice and each affected tenant one year prior to the date when
the contract for the property to participate in a federal housing program will
expire.
(B)
Provide notice that the owner intends to withdraw the property from
participation in a federal housing program to each local government that has
requested notice and each affected tenant up to:
(i)
210 days prior to the expiration of the contract; or
(ii)
150 days prior to the expiration of a one-year extension of the contract, if
any.
(C)
Consent to reasonable inspection of the property and inspection of the owner
reports on file with the Housing and Community Services Department or the
United States Department of Housing and Urban Development.
(D)
Maintain the contract for property participation in a federal housing program
in good standing, if the United States Department of Housing and Urban
Development allows that maintenance, during:
(i)
The notice periods referred to under this paragraph;
(ii)
Any condemnation proceeding commenced; or
(iii)
Any alternative procedure agreed to under paragraph (c) of this subsection.
(E)
Refrain from taking any action, other than notifying the United States
Department of Housing and Urban Development of the owner’s intention to not
renew the contract, that would preclude the affected local government or its
designee from succeeding to the contract or negotiating with the owner for the
purchase of the property.
(b)
Establish and impose any fine, penalty, tax, fee, charge or assessment upon the
owner of participating property for failure to comply with local regulations
adopted pursuant to paragraph (a) of this subsection.
(c)
Establish an alternative procedure to condemnation, including but not limited
to arbitration, mediation or facilitated negotiation. However, an alternative
procedure may not be used unless mutually agreed to by the property owner and
the local government.
(d)
Require an owner to refrain from disturbing tenancies, other than for cause as
defined in the contract, for a period of not more than 180 days after
expiration of the contract if the local government pays, or arranges for
payment, to the owner on the first day of each month, the monthly subsidy that
the owner was receiving under the contract.
(2)
Any notices provided under subsection (1)(a) of this section shall specify
whether the owner:
(a)
Intends to withdraw the property from a federal housing program.
(b)
Intends to convert the participating property to a nonparticipating use.
(c)
Is involved in negotiations with the United States Department of Housing and
Urban Development or the Housing and Community Services Department regarding an
extension of an expiring participation contract.
(3)
ORS 456.255 to 456.265 do not require a local government to purchase, condemn
or otherwise acquire participating property. [1999 c.275 §3]
Note: See
note under 456.250.
456.265 Sanctions against withdrawing property
owner prohibited. (1) Except as expressly
authorized in ORS 456.260 (1) 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 owner for withdrawing the participating property
from a federal housing program.
(b)
Except as an exercise of constitutional or statutory powers of condemnation:
(A)
Prevent or restrict a property owner from selling or otherwise disposing of
participating property.
(B)
Require conveyance of participating property to the local government or to
another party.
(C)
Impose any fine, penalty, tax, fee, charge, assessment or other restriction or
sanction against a property owner for refusing an offer by the local government
or another party to purchase participating property.
(c)
Require a property owner to pay any replacement fee or other fee for tenant
relocation from participating property, except as specified in an alternative
procedure being used pursuant to ORS 456.260 (1)(c).
(2)
Subsection (1) of this section does not prohibit a local government that is
certified by a federal agency to carry out an agency responsibility or to
exercise agency authority from taking any action within the scope of that
responsibility or authority. [1999 c.275 §4]
Note: See
note under 456.250.
AFFORDABLE HOUSING COVENANTS
456.270 Definitions for ORS 456.270 to
456.295. As used in ORS 456.270 to 456.295:
(1)
“Affordable housing covenant” means a nonpossessory interest in real property
imposing limitations, restrictions or affirmative obligations that encourage
development or that ensure continued availability of affordable rental and
owner-occupied housing for low or moderate income individuals.
(2)
“Area median income” means the median income for the metropolitan statistical
area in which the affordable housing is located, as determined by the Housing
and Community Services Department, adjusted for household size.
(3)
“Eligible covenant holder” means:
(a)
A public body, as defined in ORS 174.109;
(b)
An agency of the United States government;
(c)
A public benefit corporation or religious corporation, as those terms are
defined in ORS 65.001, one purpose of which is to provide affordable housing
for low or moderate income households;
(d)
A consumer housing cooperative, as defined in ORS 456.548;
(e)
A manufactured dwelling park nonprofit cooperative corporation; or
(f)
A federally recognized Indian tribe.
(4)
“Low income household” means a household with income less than or equal to 80
percent of the area median income.
(5)
“Moderate income household” means a household with income less than or equal to
120 percent and greater than 80 percent of the area median income.
(6)
“Subsidy” includes, but is not limited to:
(a)
A grant, loan or contract made by a federal agency, a federally recognized
Indian tribe or a public body, as defined in ORS 174.109;
(b)
A grant, loan or contract made by a nonprofit corporation or a limited
liability company the sole member of which is a nonprofit corporation;
(c)
A subsidized loan from a lending institution that makes loans for residential
housing; or
(d)
A subsidized private transaction.
(7)
“Third-party right of enforcement” means a right provided in an affordable
housing covenant to a third party to enforce the terms of the covenant. [2007
c.691 §2; 2009 c.11 §63]
Note:
456.270 to 456.295 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 456 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
456.275 Legislative findings.
The Legislative Assembly finds and declares that:
(1)
There is a serious shortage of decent, safe and sanitary housing available and
affordable to low and moderate income households in the State of Oregon.
(2)
The inadequacy in the supply of decent, safe and sanitary affordable housing
endangers the public health and jeopardizes the public safety and general
welfare of the state.
(3)
To obtain the benefits of covenants and restrictions that seek to preserve and
maintain affordable housing, the Legislative Assembly authorizes the creation
and enforcement of affordable housing covenants. [2007 c.691 §1]
Note: See
note under 456.270.
456.280 Covenant creation, effect,
conveyance, duration and termination. (1) A person
may create an affordable housing covenant as a condition of giving or receiving
a subsidy during ownership or upon conveying real property, in the form of a
covenant, servitude, easement, condition or restriction in a deed, declaration,
land sale contract, trust deed, mortgage, security agreement, assignment, will,
trust, rental agreement, lease or other written instrument that is:
(a)
Executed by the owner of the real property and the covenant holder; and
(b)
Recorded in the deed and mortgage records of the county in which the real
property is located.
(2)
The affordable housing covenant creates a real property right in an eligible
covenant holder to:
(a)
Limit the use of real property to occupancy by low or moderate income
households in rental or owner-occupied housing;
(b)
Restrict the rental rate or sale price of real property to ensure affordability
by future low and moderate income households;
(c)
Limit, restrict or condition the use and enjoyment of real property to create
or retain rental or owner-occupied affordable housing for occupancy by low or
moderate income households; or
(d)
Purchase real property at a trustee’s sale under terms set forth in ORS 86.755.
(3)
The affordable housing covenant may be conveyed, assigned, modified or
terminated by a written instrument recorded in the deed and mortgage records of
the county in which the real property is located. The affordable housing
covenant may be:
(a)
Conveyed or assigned by a written instrument executed by the conveying or
assigning covenant holder and the accepting covenant holder;
(b)
Modified by a written instrument executed by the covenant holder and the owner
of the real property; or
(c)
Terminated by a written instrument executed by the covenant holder and a third
party with the right to enforce the covenant.
(4)
An affordable housing covenant is not invalid because a holder of the covenant
is not an eligible covenant holder. A covenant holder who is not an eligible
covenant holder may not modify, terminate or commence an action to enforce the
covenant. However, the covenant holder may convey or assign the covenant to an
eligible covenant holder who may modify or terminate the covenant or commence
an action to enforce the covenant.
(5)
An affordable housing covenant is unlimited in duration unless:
(a)
The instrument creating the covenant provides otherwise;
(b)
The duration of the covenant is modified before the stated term of the covenant
expires; or
(c)
The covenant is terminated.
(6)
Upon termination of an affordable housing covenant for any reason before the
stated term of the covenant expires, the covenant holder is entitled to receive
the difference between the fair market value of the real property immediately
before termination and the fair market value of the real property immediately
after termination.
(7)
An affordable housing covenant does not impair an interest in real property
that exists at the time the affordable housing covenant is created unless the
owner of the interest is a party to the affordable housing covenant,
subordinates the interest to the affordable housing covenant or otherwise
agrees to be bound by the affordable housing covenant.
(8)
An instrument that creates an affordable housing covenant may grant the
eligible covenant holder, or a designee of the eligible covenant holder, a
right to enter the real property to ensure compliance with the covenant and, if
the right is granted, the instrument shall designate the time and manner in
which the eligible covenant holder or designee may enter the real property.
(9)
An affordable housing covenant holder may assign a third-party right of
enforcement, by a written instrument executed by the covenant holder and
recorded in the deed and mortgage records of the county in which the real
property is located, to a person that qualifies as an eligible covenant holder
but that is not the holder of that covenant.
(10)
An affordable housing covenant is automatically terminated if:
(a)
The only holder of the covenant is a corporation, as defined in ORS 65.001,
that is dissolved without conveying or assigning the covenant; and
(b)
No person is entitled to exercise a third-party right of enforcement pursuant
to subsection (9) of this section. [2007 c.691 §3; 2011 c.712 §4]
Note: See
note under 456.270.
456.285 Permissible provisions.
An affordable housing covenant may:
(1)
Include limitations, restrictions and affirmative obligations on the sale price
or rental rate of real property or the use of real property or the income or
assets of purchasers or tenants;
(2)
Limit the amount of equity appreciation that a property owner may derive from
ownership of the real property;
(3)
Grant a right of first refusal or an option to purchase to the eligible
covenant holder;
(4)
Restrict the class of persons to whom real property may be sold, leased or
rented according to, but not limited to, household income, assets, residency
and prior homeownership;
(5)
Limit the use of the real property to residential use as the primary residence
of a low or moderate income household;
(6)
Limit, condition or prohibit leasing or subletting;
(7)
Impose obligations for maintenance and insurance of the real property;
(8)
Limit, condition or prohibit the owner from allowing liens on the real
property; and
(9)
Make other limitations, conditions or prohibitions that affect the affordability
of real property for low or moderate income households. [2007 c.691 §4]
Note: See
note under 456.270.
456.290 Validity of covenant.
(1) An affordable housing covenant is valid and enforceable even though the
covenant is not of a character traditionally recognized at common law or is
inconsistent with a common law doctrine of real property law that might
invalidate, impair enforcement of or cause the termination of the covenant,
including but not limited to common law doctrine that holds that:
(a)
The covenant is not appurtenant to an interest in the real property.
(b)
The covenant imposes a negative burden.
(c)
The covenant imposes affirmative obligations upon the owner of an interest in
the burdened real property or the eligible covenant holder.
(d)
The covenant is held by an eligible covenant holder that does not have an
interest in the real property that is benefited by enforcement of the covenant
against the burdened property.
(e)
The benefit of the covenant does not touch or concern real property in any
other way.
(f)
There is no privity of estate or privity of contract.
(g)
The covenant can be or has been conveyed or assigned to a covenant holder.
(h)
The covenant is an unreasonable restraint on alienability.
(i)
The covenant is a clog on the equity of redemption.
(j)
The covenant lacks adequate consideration.
(2)
An affordable housing covenant is valid and enforceable even if the covenant
violates the rule against perpetuities set forth in ORS 105.950 to 105.975.
(3)
If a court denies equitable enforcement of an affordable housing covenant
because of a change of circumstances that renders the covenant not in the
public interest, the court may award damages as the only remedy in an action to
enforce the affordable housing covenant.
(4)
The court may not use a comparative economic test as a basis for a
determination that an affordable housing covenant is not in the public
interest. [2007 c.691 §6]
Note: See
note under 456.270.
456.295 Action affecting covenant.
An action affecting an affordable housing covenant may be commenced or
intervened in by:
(1)
The owner of an interest in the real property burdened by the covenant;
(2)
An eligible covenant holder of the benefit of the covenant;
(3)
A person that has a third-party right of enforcement; or
(4)
A public body, as defined in ORS 174.109, in the jurisdiction of which the real
property burdened by the covenant is located. [2007 c.691 §5]
Note:
Section 9, chapter 691, Oregon Laws 2007, provides:
Sec. 9. (1)
Sections 1 to 6 of this 2007 Act [456.270 to 456.295] apply to a covenant:
(a)
Created under sections 1 to 6 of this 2007 Act on or after the effective date
of this 2007 Act [January 1, 2008].
(b)
Created before the effective date of this 2007 Act if the covenant would have been
enforceable under sections 1 to 6 of this 2007 Act had it been created on or
after the effective date of this 2007 Act.
(2)
Sections 1 to 6 of this 2007 Act do not invalidate an otherwise enforceable
affordable housing covenant, as defined in section 2 of this 2007 Act
[456.270], created before, on or after the effective date of this 2007 Act.
[2007 c.691 §9]
Note: See
note under 456.270.
STATE AND LOCAL COOPERATION WITH HOUSING
PROJECTS
456.305 Definitions for ORS 456.305 to
456.325. As used in ORS 456.305 to 456.325,
unless the context requires otherwise:
(1)
“Governing body” means the common council, county court, board of county
commissioners, board or other body having charge of the fiscal affairs of the
state public body.
(2)
“Housing project” means any work or undertaking of a housing authority pursuant
to the Housing Authorities Law or any similar work or undertaking of the
federal government.
(3)
“State public body” means any city, town, county, municipality, commission,
district, authority, other subdivision or public body of the state.
456.310 Purpose; additional powers.
(1) It hereby is found and declared:
(a)
That the assistance provided in ORS 456.315 and 456.320 for the remedying of
the conditions set forth in the Housing Authorities Law is a matter of state
concern and constitutes a public use and purpose and an essential governmental
function for which public moneys may be spent and other aid given.
(b)
That it is a proper public purpose for any state public body to aid any housing
authority operating within its boundaries or jurisdiction or any housing
project located therein, as the state public body derives immediate benefits
and advantages from such an authority or project.
(c)
That ORS 456.305 to 456.325 are necessary in the public interest.
(2)
The powers conferred by ORS 456.305 to 456.325 are in addition and supplemental
to the powers conferred by any other law.
456.315 Powers of state public bodies in
aiding or cooperating on housing projects. (1)
For the purpose of aiding and cooperating in the planning, undertaking,
construction or operation of housing projects located within the area in which
it is authorized to act, any state public body may upon such terms, with or
without consideration, as it may determine:
(a)
Dedicate, sell, convey or lease any of its property to a housing authority or
the federal government.
(b)
Cause parks, playgrounds, recreational, community, educational, water, sewer or
drainage facilities, or any other works which it may otherwise undertake, to be
furnished adjacent to or in connection with housing projects.
(c)
Furnish, dedicate, close, pave, install, grade, regrade, plan or replan
streets, roads, roadways, alleys, sidewalks or other places which it may
otherwise undertake.
(d)
Plan or replan, zone or rezone any part of such state public body and make
exceptions from building regulations and ordinances. Any city or town also may
change its map.
(e)
Enter into agreements with a housing authority or the federal government
respecting action to be taken by such state public body pursuant to any of the
powers granted by ORS 456.305 to 456.325.
(f)
Do any and all things, necessary or convenient to aid and cooperate in the
planning, undertaking, construction or operation of such housing projects.
(g)
Purchase or legally invest in any of the bonds of a housing authority and
exercise all the rights of any holder of such bonds.
(2)
With respect to any housing project which a housing authority has acquired or
taken over from the federal government and which the housing authority by
resolution has found and declared to have been constructed in a manner that
will promote the public interest and afford necessary safety, sanitation and
other protection, no state public body shall require any changes to be made in
the housing project or the manner of its construction or take any other action
relating to such construction.
(3)
In connection with any public improvements made by a state public body in
exercising the powers granted in this section, a state public body may incur
the entire expense thereof. [Amended by 2003 c.14 §288]
456.320 Donations and loans to housing authority.
(1) When any housing authority becomes authorized to transact business and
exercise its powers, the governing body of the city, town or county, as the
case may be, shall immediately make an estimate of the amount of money
necessary for the administrative expenses and overhead of the housing authority
during the first year thereafter, and shall appropriate such amount to the authority
out of any moneys in such city, town or county treasury not appropriated to
some other purposes. The moneys so appropriated shall be paid to the authority
as a donation.
(2)
Any city, town, municipality or county located in whole or in part within the
area of operation of a housing authority may lend or donate money to the
authority or agree to take such action. The housing authority, when it has
money available therefor, shall make reimbursements for all loans made to it.
The authority may enter into agreement with the donor setting forth the
purposes for which the donation may be used and the conditions under which such
donation must be restored to the donor. [Amended by 1977 c.341 §1]
456.325 Resolution to exercise powers.
The exercise by a state public body of the powers granted in ORS 456.305 to
456.325 may be authorized by resolution of the governing body of such state
public body adopted by a majority of the members of its governing body present
at a meeting of the governing body. This resolution may be adopted at the
meeting at which it is introduced. Such a resolution shall take effect
immediately and need not be laid over or published or posted.
456.355 Definitions for ORS 456.355 to
456.370. As used in ORS 456.355 to 456.370,
unless the context requires otherwise:
(1)
“Governing body” means the governing body of any city or county.
(2)
“Housing project” means any work or undertaking of a nonprofit sponsor,
limited-dividend housing corporation or a for-profit developer meeting the
requirements of subsection (5) of this section for the purpose of operating,
rehabilitating or constructing decent, safe and sanitary housing for families
and individuals who cannot obtain such shelter in the open market for 25
percent of the gross family income.
(3)
“Nonprofit housing sponsor” means any corporation not for profit organized
under the provisions of ORS chapter 65 for the purpose of undertaking,
constructing or operating a housing project, or authorized by its charter to
undertake, construct or operate a housing project.
(4)
“Limited-dividend housing corporation” means any corporation that qualifies as
such under the federal Housing and Urban Development Act of 1968.
(5)
“For-profit developer” means a developer who agrees to rent housing units at
below-market rent over a substantial period of time to households with income
limits stipulated by the city or county.
(a)
Proposals for such projects shall be solicited by appropriate direct and
indirect invitation.
(b)
Proposals received shall be measured against stated criteria, and reasons for
the choices made shall be recorded.
(c)
The financial stability of the developer shall be established to the
satisfaction of the city or county.
(d)
The Housing and Community Services Department shall review the documentation
for paragraphs (a), (b) and (c) of this subsection for procedural compliance.
The department may comment on the issue of benefits received against the
benefits conferred, but it is not the intent of the legislature that the
department shall substitute its judgment for that of the city or county in
determining whether these benefits are in balance. [1969 c.185 §2; 1975 c.138 §1]
456.360 Purpose; additional powers.
(1) It hereby is found and declared:
(a)
That the assistance provided by ORS 456.365 for the remedying of the conditions
set forth in the Housing Authorities Law is a matter of state concern and
constitutes a public use and purpose and an essential governmental function for
which public moneys may be spent and other aid given.
(b)
That it is a proper public purpose for any city or county to aid any housing
project as defined in ORS 456.355 (2) operating within its boundaries or
jurisdiction, as the city or county derives immediate benefits and advantages
from such an authority or project.
(c)
That ORS 456.355 to 456.370 are necessary in the public interest.
(2)
The powers conferred by ORS 456.355 to 456.370 are in addition and supplemental
to the powers conferred by any other law. [1969 c.185 §3; 1975 c.138 §2]
456.365 Powers of city or county in aiding
or cooperating on housing projects. For the
purpose of aiding and cooperating in the planning, undertaking, construction or
operation of housing projects as defined in ORS 456.355 and located within the
area in which it is authorized to act, any city or county may upon such terms,
with or without consideration, as it may determine:
(1)
Dedicate, sell, convey or lease any of its property.
(2)
Cause park, playground, recreational, community, educational, water, sewer or
drainage facilities, or any other works which it may otherwise undertake, to be
furnished adjacent to or in connection with housing projects.
(3)
Furnish, dedicate, close, pave, install, grade, regrade, plan or replan public
streets, roads, roadways, alleys, sidewalks or other places which it may
otherwise undertake.
(4)
Plan or replan, zone or rezone any part of the area within such city or county
and make exceptions from building regulations and ordinances. Any city also may
change its map.
(5)
Enter into agreements respecting action to be taken by such city or county
pursuant to any of the powers granted by ORS 456.355 to 456.370.
(6)
Do any and all things necessary or convenient to aid and cooperate in the
planning, undertaking, construction or operation of such housing projects.
(7)
In connection with any public improvements made by it in exercising the powers
granted by this section, incur the entire expense thereof. [1969 c.185 §4; 1975
c.138 §3]
456.370 Exercise of powers; authorization
by ordinance. The exercise by a city or county of the
powers granted by ORS 456.355 to 456.370 may be authorized by ordinance of the
governing body of the city or county adopted by a majority of the members of
its governing body present at a meeting of the governing body. Persons
particularly interested, and the general public, shall be given an opportunity
to be heard at that meeting, and notice to the public of the time and place of
said meeting and of the subject of the ordinance proposed for enactment shall
be published in the same manner as required prior to final enactment of a
zoning ordinance. The ordinance may be adopted or amended and adopted at such
meeting, and if adopted shall take effect immediately and need not be laid over
or published or posted. [1969 c.185 §5]
456.405
[Repealed by 1999 c.603 §38]
456.410
[Repealed by 1999 c.603 §38]
456.415
[Repealed by 1999 c.603 §38]
456.420
[Repealed by 1999 c.603 §38]
456.425
[Amended by 1995 c.445 §16; repealed by 1999 c.603 §38]
456.430
[Repealed by 1999 c.603 §38]
456.435
[Repealed by 1999 c.603 §38]
456.440
[Repealed by 1999 c.603 §38]
456.445
[Repealed by 1999 c.603 §38]
456.450
[Repealed by 1999 c.603 §38]
456.455
[Amended by 1967 c.451 §22; repealed by 1999 c.603 §38]
456.470 [1975
c.433 §1; repealed by 1975 c.433 §11]
456.472 [1975
c.433 §2; repealed by 1975 c.433 §11]
456.475 [1975
c.433 §3; repealed by 1975 c.433 §11]
456.477 [1975
c.433 §4; repealed by 1975 c.433 §11]
456.480 [1975
c.433 §5; repealed by 1975 c.433 §11]
456.482 [1975
c.433 §6; repealed by 1975 c.433 §11]
456.485 [1975
c.433 §7; repealed by 1975 c.433 §11]
456.487 [1975
c.433 §8; repealed by 1975 c.433 §11]
456.490 [1975
c.433 §9; repealed by 1975 c.433 §11]
456.492 [1975
c.433 §10; repealed by 1975 c.433 §11]
456.495 [1975
c.433 §11; repealed by 1975 c.433 §11]
VETERANS’ LOCAL HOUSING
456.505 Veterans’ housing by local
agencies. Any lease, agreement or contract under
chapter 420, Oregon Laws 1947, by and between any local agency or agencies and
any authority or agency, federal or otherwise, providing housing facilities
remains effective according to the instrument between the agencies concerned,
notwithstanding the limitations of chapter 143, Oregon Laws 1949.
SUBSIDIZED DEVELOPMENT VISITABILITY
456.506 Findings.
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. [2003 c.431 §1]
Note:
456.506 to 456.514 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 456 or any series therein by legislative
action. See Preface to Oregon Revised Statutes for further explanation.
456.508 Definitions for ORS 456.510 and
456.513. As used in ORS 456.510 and 456.513:
(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 January 1, 2004.
(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 January 1, 2004;
(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 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 January 1, 2004;
(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. [2003 c.431 §2]
Note: See
note under 456.506.
456.510 Visitability requirements.
(1) Except as provided in this section and ORS 456.513, 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. [2003
c.431 §3]
Note: See
note under 456.506.
456.513 Exemption from visitability
requirements. The Housing and Community Services
Department shall exempt new rental housing that is a subsidized development
from compliance with the requirements of ORS 456.510 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. [2003 c.431 §4]
Note: See
note under 456.506.
456.514 Rules.
The Housing and Community Services Department shall adopt rules for
implementing, administering and enforcing ORS 456.510 and 456.513. 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. [2003 c.431 §5]
Note: See
note under 456.506.
HOUSING AND COMMUNITY SERVICES
DEPARTMENT
(Definitions)
456.515 Definitions for ORS 456.515 to 456.725
and ORS chapter 458. As used in ORS 456.515 to
456.725 and ORS chapter 458 unless the context requires otherwise:
(1)
“Community Action Partnership of Oregon” means an organization described in ORS
458.505.
(2)
“Construction” includes, but is not limited to, new construction or moderate or
substantial rehabilitation of existing structures or facilities.
(3)
“Council” means the State Housing Council established under ORS 456.567.
(4)
“Department” means the Housing and Community Services Department established
under ORS 456.555.
(5)
“Director” means the Director of the Housing and Community Services Department.
(6)
“Elderly household” means a household whose head is over the age of 55,
residing in this state.
(7)
“Major life activity” includes but is not limited to self-care, ambulation,
communication, transportation, education, socialization, employment and ability
to acquire, rent or maintain property.
(8)(a)
“Multifamily housing” means a structure or facility established primarily to
provide housing that provides more than one living unit, and may also provide
facilities that are functionally related and subordinate to the living units
for use by the occupants in social, health, educational or recreational
activities:
(A)
For the elderly, including but not limited to individual living units within
such structures, mobile home and manufactured dwelling parks and residential
facilities licensed under ORS 443.400 to 443.455 and other congregate care
facilities with or without domiciliary care.
(B)
For persons with disabilities, including, but not limited to, individual living
units within such structures, mobile home and manufactured dwelling parks and
residential facilities licensed under ORS 443.400 to 443.455 and other
congregate care facilities with or without domiciliary care.
(b)
“Multifamily housing” does not include nursing homes, hospitals, places
primarily engaged in recreational activities and single-family, detached
dwellings, except manufactured dwellings situated in a mobile home and
manufactured dwelling park.
(9)
“Person with a disability” means a person who has a physical or mental
impairment that substantially limits one or more major life activities.
(10)
“Target population” means:
(a)
Elderly households; or
(b)
Persons with disabilities. [1977 c.485 §1; 1981 c.504 §1; 1981 c.695 §2; 1987
c.414 §14; 1989 c.224 §120; 1991 c.402 §3; 1991 c.739 §3; 1993 c.511 §1; 1995
c.79 §238; 1997 c.45 §1; 1999 c.59 §129; 2007 c.70 §258; 2007 c.607 §10; 2009
c.64 §1]
(Elderly and Disabled Housing Bonds)
456.519 General obligation bonds
authorized. In order to provide funds for the
purposes specified in Article XI-I(2) of the Oregon Constitution, including
those specified in ORS 456.539, the Director of the Housing and Community
Services Department may request the State Treasurer to issue bonds in
accordance with the provisions of ORS chapter 286A. [1977 c.485 §2; 1981 c.660 §38;
1993 c.511 §2; 2007 c.783 §196]
456.524 [1977
c.485 §3; 1979 c.327 §18; repealed by 1981 c.660 §18]
456.527 [1977
c.485 §4; 1979 c.327 §19; repealed by 1981 c.660 §18]
456.530 Willingness to make residential
loans factor in selecting depositaries.
Notwithstanding ORS 293.721 and 293.726 and subject to the provisions of any
agreement with holders of bonds issued pursuant to ORS 456.519 or 456.524 (1979
Replacement Part), the Housing and Community Services Department may consider
the willingness or commitment of a lending institution as defined in ORS
456.548 to make loans for residential housing as a factor in selecting
depositaries and otherwise investing funds held under ORS 456.515 to 456.725 in
or through such lending institutions. [1981 c.504 §3; 1995 c.79 §239]
456.531 [1977
c.485 §5; repealed by 1981 c.660 §18]
456.535 Elderly and Disabled Housing Fund.
The money realized from the sale of each issue of bonds shall be credited to a
special fund in the State Treasury, separate and distinct from the General
Fund, to be designated the Elderly and Disabled Housing Fund. Moneys in the
Elderly and Disabled Housing Fund are continuously appropriated to the Housing
and Community Services Department for the purpose of carrying out the
provisions of ORS 456.515 to 456.725. Moneys in the fund may not be used for
any other purpose, except that the moneys, with the approval of the State
Treasurer, may be invested as provided by ORS 293.701 to 293.820 and the
earnings from the investments shall be deposited into the Elderly and Disabled
Housing Sinking Fund maintained under ORS 456.543. [1977 c.485 §6; 1981 c.695 §3;
1995 c.79 §240; 2005 c.755 §41]
456.539 Administration of Elderly and Disabled
Housing Fund; rules. (1) The Housing and Community
Services Department shall be the agency for the State of Oregon for the
administration of the Elderly and Disabled Housing Fund. Except as otherwise
provided in ORS 456.515 to 456.725 the provisions of ORS 456.515 to 456.725 are
applicable to the administration of the Elderly and Disabled Housing Fund.
(2)
The department is authorized to use the Elderly and Disabled Housing Fund to
advance funds, by contract, grant, loan or otherwise, as provided by Article
XI-I(2) of the Oregon Constitution to finance multifamily housing for elderly
households, persons with disabilities and their family members and such other
persons who reside therein as are necessary to maintain the housing or provide
services or companionship for elderly households and persons with disabilities.
(3)
In carrying out the provisions specified in Article XI-I(2) of the Oregon
Constitution, the department shall, with the concurrence of the State Housing
Council, adopt criteria for approval of projects proposed by qualified housing
sponsors to finance multifamily housing for the target population and their
family members and such other persons who reside therein as are necessary to
maintain the housing or provide services or companionship for elderly
households and persons with disabilities. The criteria shall:
(a)
Assure that health, mental health and other supportive services as may be
necessary to maintain elderly and disabled households living in the housing are
available to the occupants onsite or in the community;
(b)
Give priority to members of the target populations; and
(c)
Allow occupancy by such family members or other persons as the department
determines necessary to maintain the housing and provide services or
companionship for elderly households and persons with disabilities.
(4)
The department shall:
(a)
Adopt criteria consistent with the maximum household income restrictions in ORS
456.620 (4) for approval of applications for financing the purchase by elderly
households of ownership interests within a multifamily structure or facility.
(b)
Provide means for allocating funds to finance multifamily housing units for the
target population and to establish limitations on the interest and fees to be
charged on loans made by the department.
(c)
Adopt rules necessary for efficient administration of the Elderly and Disabled
Housing Fund.
(d)
Adopt rules to assure that each of the target populations has access to a
reasonable portion of the bond authority under ORS 456.515 to 456.725, and that
a reasonable portion of the funds for elderly households is made available to
finance the purchase by elderly households of ownership interests within
multifamily housing structures or facilities.
(5)
Loans made by the department under this section for the interim construction
financing of multifamily housing shall be subject to the provisions of ORS
456.717. [1977 c.485 §7; 1979 c.327 §20; 1981 c.504 §4; 1981 c.695 §4; 1993 c.1
§2; 1993 c.511 §3; 1995 c.79 §241; 2007 c.70 §259; 2007 c.607 §11]
456.541 Project applications for housing
serving persons with disabilities. The Housing
and Community Services Department shall and the State Housing Council may
consult generally with the Department of Human Services and such other persons
as the council or Housing and Community Services Department may consider
appropriate concerning project applications for housing for disabled
households. The Housing and Community Services Department shall seek comment on
such project applications concerning:
(1)
The need for and design of the project generally, considering the proposed
location of the housing;
(2)
The means proposed for screening eligibility for occupancy to assure that
priority will be given to members of the target populations of persons with
disabilities; and
(3)
The adequacy of the provisions for assuring the availability of health, mental
health and other supportive services necessary to maintain disabled households
in the housing. [1981 c.695 §6; 1991 c.739 §10; 2001 c.900 §201; 2007 c.70 §260]
456.543 Elderly and Disabled Housing
Sinking Fund. (1) The Housing and Community Services
Department shall maintain, with the State Treasurer, an Elderly and Disabled
Housing Sinking Fund, separate and distinct from the General Fund. The Elderly
and Disabled Housing Sinking Fund shall provide for the payment of the
principal and interest upon bonds issued under authority of Article XI-I(2),
Oregon Constitution, and ORS 456.515 to 456.725. Moneys in the sinking fund are
continuously appropriated to the department for such purpose. Moneys in the
Elderly and Disabled Housing Sinking Fund may be invested by the State
Treasurer as provided by ORS 286A.025 and 293.701 to 293.820 or, with the
approval of the State Treasurer, by the Director of the Housing and Community
Services Department through a trustee. Investment earnings shall be credited to
the Elderly and Disabled Housing Sinking Fund.
(2)
The Elderly and Disabled Housing Sinking Fund shall consist of:
(a)
All moneys received from contract or loan proceeds;
(b)
Bond reserves;
(c)
Other funds available for these purposes; and
(d)
If necessary, state ad valorem taxes provided by Article XI-I(2), Oregon
Constitution, and by ORS 456.515 to 456.725.
(3)
The Elderly and Disabled Housing Sinking Fund shall not be used for any purpose
other than that for which the fund was created provided, however, that amounts
on deposit in the fund may be applied to the payment of operating and
administrative expenses of the department, including bond issuance,
administration and repayment costs, allocable to its elderly and disabled
housing program under ORS 456.515 to 456.725, and for transfers under
subsections (4) and (5) of this section. Should a balance remain therein after
the purposes for which the fund was created have been fulfilled or after a
reserve sufficient to meet all existing obligations and liabilities of the fund
has been set aside, the surplus remaining may be transferred to the Elderly and
Disabled Housing Fund at the direction of the department.
(4)
The Director of the Housing and Community Services Department may transfer
moneys from the Elderly and Disabled Housing Sinking Fund, with the approval of
the State Treasurer, for the purpose of financing multifamily housing for the
elderly and persons with disabilities. The State Treasurer shall approve such
request if:
(a)
The cash flow projection under ORS 286A.010 associated with the bonds shows
that, for the term of the bonds outstanding at the time the director transfers
the moneys, remaining moneys in the sinking fund, together with expected loan
proceeds and fund earnings, will continue to be adequate to pay bond principal,
interest and administrative costs; and
(b)
The transfer will not create the need for issuance of any bonds.
(5)
The director shall deposit loan prepayments in the Elderly and Disabled Housing
Fund, and lend such prepayments for the purpose of financing multifamily
housing for the elderly and persons with disabilities for a term not exceeding
the term of the bonds associated with the loan that was prepaid, if the
director determines that such a deposit and loan will not adversely affect the
ability of the department to pay outstanding bonds. [1977 c.485 §8; 1979 c.327 §21;
1981 c.695 §7; 1991 c.357 §1; 1995 c.79 §242; 2005 c.755 §42; 2007 c.70 §261;
2007 c.783 §197]
456.547 Assistance, grants and gifts to
department for housing purposes. The Housing
and Community Services Department may accept assistance, grants and gifts, in
the form of money, land, services or any other thing of value from the United
States or any of its agencies, or from other persons, for any of the purposes
contemplated by Article XI-I(2) of the Oregon Constitution and by ORS 456.515
to 456.725 and ORS chapter 458. Unless enjoined by the terms and conditions of
any such gift or grant, the department may convert the same or any of them into
money through sale or other disposal thereof. [1977 c.485 §9; 1995 c.79 §243]
(Administration)
456.548 Definitions for ORS 456.548 to 456.725.
As used in ORS 456.548 to 456.725, unless the context requires otherwise:
(1)
“Bonds” means any bonds, as defined in ORS 286A.001, or any other evidence of
indebtedness, issued under ORS 456.515 to 456.725 or issued in anticipation of
bonds and payable from the proceeds of bonds issued.
(2)
“Capital reserve account” or “capital reserve accounts” means one or more of
the special trust accounts that may be established by the Housing and Community
Services Department within the Housing Finance Fund.
(3)
“Consumer housing cooperative” means a cooperative corporation formed under ORS
chapter 62 and whose articles of incorporation provide, in addition to the
other requirements of ORS chapter 62, that:
(a)
The consumer housing cooperative has been organized exclusively to provide
housing facilities for persons and families of lower income and such social,
recreational, commercial and communal facilities as may be incidental to such
housing facilities.
(b)
All income and earnings of the consumer housing cooperative shall be used
exclusively for consumer housing cooperative purposes and that no unreasonable
part of the net income or net earnings of the cooperative shall inure to the
benefit or profit of any private individual, firm, corporation, partnership or
association.
(c)
The consumer housing cooperative is in no manner controlled or under the
direction of or acting in the substantial interest of any private individual,
firm, corporation, partnership or association seeking to derive profit or gain
therefrom or seeking to eliminate or minimize losses in any transaction
therewith, except that such limitation shall apply to the members of the
cooperative only to the extent provided by rules of the department.
(d)
The operations of the consumer housing cooperative may be supervised by the
department and that the consumer housing cooperative shall enter into such
agreements with the department as the department may require to provide
regulation by the department of the planning, development and management of any
housing project undertaken by the cooperative and the disposition of the
property and other interests of the cooperative.
(4)
“Development costs” means the costs that have been approved by the department
as appropriate expenditures and includes, but is not limited to:
(a)
Payments for options to purchase property for the proposed housing project
site, deposits on contracts of purchase, payments for the purchase of property
as approved by the department, legal, organizational and marketing expenses including
payment of attorney fees, managerial and clerical staff salaries, office rent
and other incidental expenses, payment of fees for preliminary feasibility
studies, advances for planning, engineering and architectural work;
(b)
Expenses for surveys as to need and market analyses; and
(c)
Such other expenses incurred by the qualified housing sponsor as the department
may deem necessary under ORS 456.548 to 456.725.
(5)
“Federally insured security” means an evidence of indebtedness insured or
guaranteed as to repayment of principal and interest by the United States or an
agency or instrumentality thereof.
(6)
“Housing development” means a development that contains housing units for
persons or families of lower income and such other incidental elements of
residential, commercial, recreational, industrial, communal or educational
facilities as the department determines improve the quality of the development
as it relates to housing for persons or families of lower income and the
financial feasibility of the development.
(7)
“Housing finance bond declaration” means a written instrument signed by the
Director of the Housing and Community Services Department and on file with and
bearing the certificate of approval of the State Treasurer or the designee of
the State Treasurer, and all housing finance bond declarations supplemental to
that instrument.
(8)
“Housing Finance Fund” means the Housing Finance Fund established in ORS
456.720 (1).
(9)
“Lending institution” means any bank, mortgage banking company, trust company,
savings bank, credit union, national banking association, federal savings and
loan association or federal credit unit maintaining an office in this state, or
any insurance company authorized to do business in this state.
(10)
“Limited dividend housing sponsor” means a corporation, trust, partnership,
association or other entity, or an individual that is a mortgagor.
(11)
“Manufactured dwelling park nonprofit cooperative” has the meaning given that
term in ORS 62.803.
(12)
“Manufactured housing” means a dwelling unit manufactured off-site having a
minimum width of 10 feet and a minimum area of 400 square feet built on a
permanent chassis and designed to be used for permanent residential occupancy
whether or not on a permanent foundation, and that contains permanent eating,
cooking, sleeping and sanitary facilities and meets such standards as the
department determines, by rule, are reasonable to maintain the quality, safety
and durability of the dwelling, the sanitary requirements of the communities in
which they are located and the security of the loans that the department may
finance for the purchase of the dwellings.
(13)
“Nonprofit housing corporation” means an organization formed under ORS chapter
65 and whose articles of incorporation provide, in addition to the other
requirements of ORS chapter 65, that:
(a)
The corporation has been organized exclusively to provide housing facilities
for persons and families of lower income and such other social, recreational,
commercial and communal facilities as may be incidental to such housing
facilities.
(b)
All the income and earnings of the corporation shall be used exclusively for
corporation purposes and that no part of the net income or net earnings of the
corporation may inure to the benefit of any private individual, firm,
corporation, partnership or association.
(c)
The corporation is in no manner controlled or under the direction or acting in
the substantial interest of any private individual, firm, partnership or
association seeking to derive profit or gain therefrom or seeking to eliminate
or minimize losses in transactions therewith.
(d)
The operations of the corporation may be supervised by the department and that
the corporation shall enter into such agreements with the department as the
department may require to regulate the planning, development and management of
any housing project undertaken by the corporation and the disposition of the
property and other interests of the corporation.
(14)
“Person of lower income” or “family of lower income” means:
(a)
A person or family residing in this state whose income is not more than 80
percent of area median income, adjusted for family size, as determined by the
State Housing Council based upon information from the United States Department
of Housing and Urban Development;
(b)
A person or family residing in this state whose income, adjusted for family
size, is below the level the Housing and Community Services Department has
determined to be necessary in order to obtain in the open market decent, safe
and sanitary housing, including the cost of utilities and taxes, for not more
than 25 percent of the gross income of the person or family; or
(c)
Any person or family the department determines is appropriate to treat as a
person of lower income or a family of lower income incidental to the
accomplishment of department programs for persons and families of lower income
described in paragraphs (a) and (b) of this subsection.
(15)
“Project cost” or “costs of the project” means the sum of all reasonable
expenses incurred by a qualified housing sponsor in undertaking and completing
a housing project approved by the department. “Project costs” or “costs of the
project” include but are not limited to the expenses incurred by a qualified
housing sponsor for:
(a)
Studies and surveys;
(b)
Plans, specifications, architectural and engineering services;
(c)
Legal, organizational and other special services;
(d)
Financing, acquisition, demolition, construction, equipment and site
development of new and rehabilitated housing units;
(e)
Movement of existing buildings to new sites; the cost of acquisition, or
estimated fair market value, of land and other interests in real estate;
(f)
Rehabilitation, reconstruction, repair or remodeling of existing buildings;
(g)
Estimated carrying charges during construction and for a reasonable period
thereafter;
(h)
Placement of tenants or occupants and relocation services in connection with
the housing project;
(i)
Reasonable builder’s or sponsor’s profit and risk allowance; and
(j)
Development costs not otherwise included in this subsection.
(16)
“Qualified housing sponsor” includes, subject to the approval of the
department:
(a)
A consumer housing cooperative;
(b)
A limited dividend housing sponsor;
(c)
A nonprofit housing corporation;
(d)
A for-profit housing sponsor including, but not limited to, an individual
operating in compliance with the criteria adopted by the department under ORS
456.620 (1);
(e)
A housing authority created by ORS 456.075;
(f)
An urban renewal agency created by ORS 457.035; and
(g)
Any city or county governing body or agency or department designated by the
governing body.
(17)
“Residential housing” means a specific work or improvement within this state
undertaken primarily to provide dwelling accommodations, including land
development and acquisition, construction or rehabilitation of buildings and
improvements thereto, for residential housing, and such other nonhousing
facilities as may be incidental or appurtenant thereto and as the department
determines improve the quality of the development as it relates to housing for
persons or families of lower income and the financial feasibility of the
development. “Residential housing” includes, but is not limited to, a specific
work or improvement within this state undertaken to provide mobile home or
manufactured dwelling parks as defined in ORS 446.003. As used in this
subsection, “land development” includes, but is not limited to, the improvement
of streets and alleys and the construction of surface drains, sewers, curbing
and sidewalks.
(18)
“Residential loan” means any of the following:
(a)
A loan that is for the acquisition, construction, improvement or rehabilitation
of residential housing and, if the loan is for acquisition or construction of
residential housing, that is secured by a first lien on real property located
in the state and:
(A)
Improved by a newly constructed, existing or rehabilitated residential
structure for persons or families of lower income; or
(B)
Unimproved if the proceeds of such loan shall be used for the erection of a
residential structure thereon, whether or not such loan is insured or
guaranteed by the United States or any instrumentality or agency thereof.
(b)
An insured or guaranteed loan for the acquisition of manufactured housing or
for the acquisition of a lot described in ORS 92.840 by a manufactured dwelling
park tenant.
(c)
A loan for the purchase of a proprietary lease and related cooperative shares
in a housing cooperative formed under ORS chapter 62 secured by a security
interest of first priority and a pledge or an assignment of proprietary leases
and related cooperative shares.
(19)
“Revolving account” means the Housing and Community Services Department
Revolving Account created in ORS 456.574. [Formerly 456.615; 2009 c.541 §21]
456.550 Policy.
(1) There exists in this state a seriously inadequate supply of and a pressing
need for safe and sanitary dwelling accommodations within the financial means
of persons and families of lower income, including but not limited to persons
and families displaced by the clearing of slums and blighted areas or by other
public programs;
(2)
Private lending institutions have been and will continue to be unable to
provide necessary financial support for lower income housing and the resulting
shortage of financing has been in whole or in part responsible for the shortage
of lower income housing;
(3)
It is a valid public purpose to provide for the construction, rehabilitation,
purchase, leasing and refinancing of housing for such persons and families who
would otherwise be unable to obtain adequate dwelling accommodations which they
could afford and to aid in the acquisition of land for present or future
developments including such housing accommodations;
(4)
It is further found that the authority and powers conferred by ORS 456.548 to
456.725 and ORS chapter 458 upon the Housing and Community Services Department
and the Director of the Housing and Community Services Department constitute a
necessary public program and serve a valid public purpose;
(5)
To stimulate and increase the supply of housing for persons and families of
lower income it is necessary that a central source of housing information,
planning, educational services and technical assistance and a revolving fund be
established. The Housing and Community Services Department shall be that
central source in this state;
(6)
It is the policy of this state to increase the amount of and improve the
condition of low and moderate income housing by investing in developing local
capacity to build, rehabilitate and manage housing. A primary vehicle for
building such capacity is the formation and expansion of community development
corporations; and
(7)
In that the farmworkers in this state benefit the social and economic welfare
of all of the people in Oregon by their unceasing efforts to bring a bountiful
crop to market, the Legislative Assembly declares that it is the policy of this
state to ensure adequate accommodations commensurate with the housing needs of
Oregon’s farm workers that meet decent health, safety and welfare standards. To
accomplish this objective in the interest of all of the people in this state,
it is necessary that:
(a)
Every state and local government agency that has powers, functions or duties with
respect to housing, land use or enforcing health, safety or welfare standards,
under this or any other law, shall exercise its powers, functions or duties
consistently with state policy and in a manner that will facilitate sustained
progress in attaining the objectives established;
(b)
Every state and local government agency with jurisdiction over farmworker
activities must make every effort to alleviate insanitary, unsafe and
overcrowded accommodations;
(c)
Special efforts should be directed toward mitigating hazards to families and
children; and
(d)
Accommodations must be designed to provide for the rights of free association
to seasonal farmworkers. [1971 c.505 §1; 1973 c.828 §1; 1973 c.832 §3; 1975
c.154 §7; 1989 c.1030 §5; 1995 c.79 §244; 2001 c.625 §4]
456.553 [1989
c.307 §1 (enacted in lieu of 456.554); repealed by 1991 c.739 §1 (456.555
enacted in lieu of 456.553)]
456.554
[Formerly 456.560; 1987 c.414 §15; repealed by 1989 c.307 §2 (456.553 enacted
in lieu of 456.554)]
456.555 Housing and Community Services
Department established; appointment of director; duties of housing council and
community action partnership; rules; fees. (1)
The Housing and Community Services Department is established.
(2)
The department shall be under the supervision and control of a director who is
responsible for the performance of the duties imposed upon the department. The
Governor shall appoint the Director of the Housing and Community Services
Department. The director shall hold office at the pleasure of the Governor. The
person appointed as director shall be a person who, by training and experience,
is well qualified to perform the duties of the office.
(3)
The director shall receive such salary as may be provided by law, or, if not so
provided, as may be fixed by the Governor. In addition to the salary of the
director, the director shall, subject to the limitations otherwise provided by
law, be reimbursed for all expenses actually and necessarily incurred by the
director in the performance of official duties.
(4)
The director may establish department divisions including but not limited to
divisions for administration, housing programs and community services programs.
(5)
The State Housing Council shall:
(a)
With the advice of the director, set policy and approve or disapprove rules and
standards for housing programs;
(b)
Approve or disapprove loans, grants and other funding award proposals under ORS
456.561; and
(c)
Carry out the provisions of ORS 456.571.
(6)
The Community Action Partnership of Oregon shall advise the department and the
council on community services programs as determined by the director and as set
forth in ORS 458.505.
(7)
The director shall report regularly to the council to keep the council informed
on progress made by the department in carrying out the department’s
responsibilities for housing programs.
(8)
The department may adopt rules to carry out the programs that the department is
charged with administering, including, but not limited to, rules regarding:
(a)
Administration and enforcement.
(b)
Criteria for the granting of benefits.
(c)
The establishment of fees and charges.
(d)
The identification of housing programs and community services programs.
(e)
The distinguishing of housing programs from community services programs.
(9)
Subject to the approval of the council, the department shall establish by rule
one or more threshold property purchase prices above which a housing loan
proposed by the department requires council review and approval under ORS
456.561. In establishing or modifying a threshold property purchase price under
this subsection, the department shall consider any maximum acquisition cost set
forth in the Internal Revenue Code or federal rules and regulations
implementing the code.
(10)
Subject to the approval of the council, the department shall establish by rule
one or more threshold amounts above which a housing grant or other housing
funding award proposal requires council review and approval under ORS 456.561. [1991
c.739 §2 (enacted in lieu of 456.553); 1995 c.79 §245; 2005 c.74 §3; 2007 c.607
§12; 2009 c.61 §1; 2009 c.64 §2]
456.559 Powers and duties of department.
(1) The Housing and Community Services Department shall:
(a)
Maintain current housing data and information concerning available programs,
status of funding, programs planned or undertaken which might conflict with,
overlap, duplicate or supersede other planned or existing programs and call
these to the attention of appropriate state agencies, governmental bodies and
public or private housing sponsors.
(b)
Provide to appropriate state agencies, governmental bodies and public or
private housing sponsors such advisory and educational services as will assist
them in the development of housing plans and projects.
(c)
Subject to the approval of the State Housing Council, make noninterest bearing
advances, in accordance with ORS 456.710 and the policies of the department to
qualified nonprofit sponsors for development costs of housing projects until
mortgage funds are released to repay the advances as provided in ORS 456.710.
(d)
Advise and assist appropriate state agencies, governmental bodies and public or
private housing sponsors, cities and counties, in all programs and activities
which are designed or might tend to fulfill the purposes of ORS 456.548 to
456.725 and ORS chapter 458.
(e)
Encourage and assist in the planning, development, construction, rehabilitation
and conservation of dwelling units for persons and families of lower income.
(f)
Be the central state department to apply for, receive and distribute, on behalf
of appropriate state agencies, governmental bodies and public or private
housing sponsors in the state, grants, gifts, contributions, loans, credits or
assistance from the federal government or any other source for housing programs
except when the donor, grantor, or lender of such funds specifically directs
some other agency to administer them. Moneys received under this section shall
be deposited with the State Treasurer in an account separate and distinct from
the General Fund. Interest earned by the account shall be credited to the
account.
(g)
For the purposes of acquiring moneys, credits or other assistance from any
agency or instrumentality of the United States or from any public corporation
chartered by the United States, comply with any applicable agreements or
restrictions for the receipt of such assistance and become a member of any such
association or public corporation chartered by the United States.
(h)
Assist individuals, appropriate state agencies, governmental bodies and public
or private housing sponsors through a program which provides housing
information, planning, educational services and technical assistance.
(i)
Comply with the requirements of ORS 443.225 in assisting in the development of
any housing for residential care, training or treatment for persons with mental
retardation, developmental disabilities or mental or emotional disturbances.
(2)
Except as otherwise provided in ORS 456.625 (7), the department may not itself
develop, construct, rehabilitate or conserve housing units; and neither the
department nor any housing sponsor, including but not limited to any
association, corporation, cooperative housing authority or urban renewal agency
organized to provide housing and other facilities pursuant to ORS 456.548 to
456.725, may own, acquire, construct, purchase, lease, operate or maintain
utility facilities, including facilities for the generation of electricity, for
the distribution of gas and electricity, and for the conveyance of telephone
and telegraph messages.
(3)
In accordance with the provisions of this section and with the advice of the
council, the department shall establish statewide priorities for housing
programs. State agencies shall coordinate their housing programs with the
department. All state agencies intending to apply for federal funds for use in
planning, developing or managing housing, or rendering assistance to
governmental bodies or sponsors or individuals involved therein shall submit a
description of the proposed activity to the department for review not less than
30 days prior to the intended date of submission of the application to the
federal agency. The department shall determine whether the proposal would
result in a program that would overlap, duplicate or conflict with any other
housing program in the state. If the department finds overlapping or
duplication or conflict, it shall recommend modifications in the application.
The Oregon Department of Administrative Services shall consider these
recommendations in making its decision to approve or disapprove the
application. The department shall complete its review and forward its
recommendations within 15 working days after receipt of the notification.
Failure of the department to complete the review within that time shall constitute
approval of the application by the department.
(4)
The director may participate in discussions and deliberations of the council.
The director may suggest policies and rules to the council, including those
necessary to stimulate and increase the supply of housing for persons and
families of lower income. [Formerly 456.570; 1987 c.158 §86a; 1987 c.414 §15a;
1987 c.567 §1; 1989 c.307 §3; 1989 c.966 §50; 1991 c.739 §4; 1995 c.79 §246;
2007 c.70 §262]
456.560 [1971
c.505 §2; renumbered 456.554]
456.561 Loans, grants and funding awards;
review. (1) The Housing and Community Services
Department may effect loans, grants and other funding awards to accomplish
department housing programs, subject to any requirement under this section for
review and approval by the State Housing Council of proposals for loans, grants
or other funding awards.
(2)
The department shall submit a loan, grant or other funding award proposal
arising under ORS 456.515 to 456.725 programs to the council for review if the
proposal is for:
(a)
A housing loan on property that has a purchase price in excess of an applicable
threshold property purchase price established by rule under ORS 456.555 (9); or
(b)
A housing grant or other housing funding award in excess of an applicable threshold
amount established by rule under ORS 456.555 (10).
(3)
The council shall review each loan, grant or other funding award proposal
submitted by the department under this section and approve or disapprove the
loan, grant or other funding award proposal.
(4)
Council review of loan, grant or other funding award proposals under this
section shall be held at a public hearing of the council. The council meeting
notice required by ORS 192.640 shall include notice of the loan, grant or other
funding award proposal review, the names of the applicants and the subject of
the loan, grant or funding award proposal. The council shall provide notice of
a loan, grant or other funding award proposal review to the loan, grant or
other funding award applicant not less than five days before the review
hearing. [2005 c.74 §2; 2009 c.61 §2]
Note:
456.561 was added to and made a part of 456.515 to 456.725 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
456.562 Department intellectual property;
fees. (1) As used in this section:
(a)
“Intellectual property” means computer programs, software, software tools and
data.
(b)
“Person” means a person as defined in ORS 174.100, a federal, state or local
government body, a Native American tribe or an agent or representative of a
tribe.
(2)
Subject to any superior patent rights or copyrights, the Housing and Community
Services Department may license, share or otherwise provide for the use by a person
of intellectual property acquired or developed by the department.
(3)
Except as provided in this subsection, the department may charge reasonable
fees for licensing, sharing or otherwise providing for the use of intellectual
property under subsection (2) of this section. The department may not charge a
fee under this subsection to a federal, state or local government body. Moneys
from the fees are continuously appropriated to the department for the purpose
of acquiring, developing or providing for the use of intellectual property.
(4)
The department may take actions that the department deems necessary and
appropriate to carry out the authority granted under this section, including
but not limited to applying for patents or copyright registration to perfect or
preserve the department’s rights in intellectual property.
(5)
ORS 291.042 does not apply to intellectual property or fees described in this
section. [2003 c.605 §1]
Note:
456.562 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 456 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
456.563
[Formerly 456.580; repealed by 1989 c.307 §8]
456.565 Powers of director.
The Director of the Housing and Community Services Department, in addition to
the director’s other powers, shall have the power, subject to the applicable
provisions of the State Personnel Relations Law, to appoint all subordinate
officers and employees of the Housing and Community Services Department and
prescribe their duties and fix their compensation. [1991 c.739 §13]
456.567 State Housing Council;
appointment; term; officers; compensation; staff; budget duties.
(1) The State Housing Council is established. The council shall consist of
seven members appointed by the Governor subject to confirmation by the Senate
under ORS 171.562 and 171.565.
(2)
The term of office of each member is four years, but a member serves at the
pleasure of the Governor. Before the expiration of the term of a member, the
Governor shall appoint a successor whose term begins on July 1 next following.
A member is eligible for reappointment. If there is a vacancy for any cause,
the Governor shall make an appointment to be immediately effective for the
unexpired term.
(3)
The Governor shall appoint the chairperson of the council.
(4)
The members of the council are entitled to compensation and expenses as
provided in ORS 292.495.
(5)
The Director of the Housing and Community Services Department shall provide
clerical and other necessary support services to the council.
(6)
The council shall advise the Housing and Community Services Department
regarding the department’s biennial budget proposal prior to its submittal to
the Oregon Department of Administrative Services. The council’s budget advice
shall be limited to personnel, materials and services, and capital outlay items
necessary to implement housing programs. [Formerly 456.590; 1987 c.414 §16;
1989 c.307 §4; 1991 c.739 §5]
456.569 Authority of Housing and Community
Services Department to require fingerprints. For
the purpose of requesting a state or nationwide criminal records check under
ORS 181.534, the Housing and Community Services Department may require the
fingerprints of a person who:
(1)(a)
Is employed or applying for employment by the department; or
(b)
Provides services or seeks to provide services to the department as a
contractor, vendor or volunteer; and
(2)
Is, or will be, working or providing services in a position:
(a)
In which the person is providing information technology services and has
control over, or access to, information technology systems that would allow the
person to harm the information technology systems or the information contained
in the systems;
(b)
In which the person has access to information that state or federal laws, rules
or regulations prohibit disclosing or define as confidential;
(c)
That has payroll functions or in which the person has responsibility for
receiving, receipting or depositing money or negotiable instruments, for
billing, collections or other financial transactions or for purchasing or
selling property or has access to property held in trust or to private property
in the temporary custody of the state;
(d)
That has mailroom duties as a primary duty or job function;
(e)
In which the person has responsibility for auditing the department or other
business entities;
(f)
That has personnel or human resources functions as a primary responsibility;
(g)
In which the person has access to Social Security numbers, dates of birth or
criminal background information of employees or members of the public; or
(h)
In which the person has access to tax or financial information about
individuals or business entities or processes tax credits. [2007 c.619 §7]
Note:
456.569 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 456 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
456.570 [1971
c.505 §§4,5; 1973 c.828 §2; 1973 c.832 §4; 1979 c.327 §28; renumbered 456.559]
456.571 Powers and duties of council.
(1) The State Housing Council shall, with the advice of the Director of the
Housing and Community Services Department, develop policies to aid in
stimulating and increasing the supply of housing for persons and families of
lower income.
(2)
The council shall make special effort to respond to both private and public
actions that may raise the cost of the housing supply in the open market, as
the open market is the source of housing for the preponderance of lower income
households.
(3)
The council is responsible for studying and commenting upon, and advising, the
department, Governor, Legislative Assembly, other state agencies and local
governments concerning local, state and federal legislation or rules that
affect the cost and supply of housing, both before and after the legislation
and rules are enacted. For purposes of this subsection, “legislation or rules
that affect the cost and supply of housing” includes but is not limited to
legislation or rules that would:
(a)
Provide financing for the construction or rehabilitation of housing;
(b)
Subsidize new or existing housing costs for lower income households by income
support, tax credit, or support service methods;
(c)
Regulate the division of land;
(d)
Regulate the use of land;
(e)
Regulate building construction standards;
(f)
Regulate fees and charges for inspection services, permits, or professional
services related to housing;
(g)
Encourage alternatives that increase housing choices;
(h)
Create or avert overlapping jurisdictional functions and the concomitant
increased costs that are reflected in housing prices;
(i)
Create or avoid conflicting state and federal regulations that deprive lower
income households of assistance; and
(j)
Help or hinder compliance with the housing goals established by the Land
Conservation and Development Commission under ORS 197.240.
(4)
The council, with the approval of the Governor, may initiate legal proceedings
in the name of the council to further the council’s purposes under this
section.
(5)
The council shall exercise the responsibilities and powers of the council in a
manner that expedites the acquisition, construction, improvement or
rehabilitation of housing. [Formerly 456.600; 1989 c.307 §5; 1991 c.62 §2; 1991
c.739 §6; 1995 c.279 §1; 1999 c.1074 §2; 2005 c.74 §4; 2007 c.607 §13]
456.572 State housing plan; contents;
annual update. (1) The Housing and Community Services
Department shall develop a comprehensive state plan for responding to the needs
of very low income, low income and moderate income Oregonians for housing and
services, with the goal of providing affordable housing. The Housing and
Community Services Department shall insure that the development, annual
updating and implementation of this plan involve substantial interagency
coordination among appropriate federal, state and local entities.
(2)
The state housing plan shall contain, at a minimum:
(a)
Information on market and inventory conditions including, but not limited to,
population trends, household composition, housing conditions and an inventory
of assisted housing and public housing;
(b)
A needs assessment that summarizes data on the housing needs of homeless and
income-eligible families and includes a five-year projection;
(c)
Strategies for a five-year period based upon a review of need and conditions
including, but not limited to, investment priorities, local and state policies,
local institutional structure and local activities for public housing resident
management and ownership;
(d)
A review of resources including, but not limited to, private, federal and
nonfederal resources, tax credits and a summary table of anticipated funding
from each federal program and any state or local resources available to meet
matching requirements;
(e)
A plan for coordination of resources reviewed under paragraph (d) of this
subsection; and
(f)
An implementation program translating the five-year strategy and resource
review into plans and goals for the number of families to be assisted each
year, specifying plans for homeless assistance and setting forth details on
monitoring, fair housing and relocation.
(3)
Before issuing the state housing plan, and before each annual update of that
plan, the Housing and Community Services Department shall hold at least one
public hearing to receive comments from public and private interests. [1991
c.600 §3]
456.574 Housing and Community Services
Department Revolving Account; use of moneys; appropriation.
(1) There is created in the General Fund of the State Treasury the Housing and
Community Services Department Revolving Account. All moneys deposited in the
account are continuously appropriated for the purposes of carrying out the
programs which the Housing and Community Services Department is charged with
administering subject to limitations otherwise prescribed by law.
(2)
The Housing and Community Services Department may transfer to the Housing and
Community Services Department Revolving Account amounts not to exceed $250,000
from funds available to the department. Such funds hereby are continuously
appropriated for:
(a)
The making of advances under ORS 456.559 (1)(c) or 456.710; and
(b)
The use by the department in the payment of expenses incurred by the department
in carrying out ORS 456.548 to 456.725; however, any such funds expended by the
department under this paragraph shall be repaid by the department into the
revolving account from the fees and charges collected under ORS 456.625 (3) and
from any other moneys available for such repayment in accordance with ORS
456.548 to 456.725. [Formerly 456.610; 1987 c.414 §17; 1991 c.62 §3; 1991 c.739
§12; 1993 c.793 §1; 1995 c.79 §247]
456.576 Self-Sufficiency Housing Fund.
(1) The Housing and Community Services Department Self-Sufficiency Housing Fund
is established separate and distinct from the General Fund. Interest earned by
the Housing and Community Services Department Self-Sufficiency Housing Fund
shall be credited to the fund.
(2)
Net proceeds of lottery bonds issued pursuant to section 4, chapter 746, Oregon
Laws 2007, shall be deposited into the Housing and Community Services
Department Self-Sufficiency Housing Fund. Moneys in the fund are continuously
appropriated to the Housing and Community Services Department for providing
housing to populations at risk of homelessness. [2007 c.746 §5]
Note:
456.576 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 456 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
456.578 Use of funds; petty cash fund.
(1) Subject to other applicable laws and agreements entered into with
bondholders, amounts received by, or appropriated to, the Housing and Community
Services Department may be applied to funds and accounts as the Director of the
Housing and Community Services Department determines necessary or appropriate
for the payment of expenses of programs administered by the department and to
provide reserves against losses and security for bonds. All amounts deposited
in the funds or accounts administered by the department under ORS 456.515 to
456.725 and ORS chapter 458, are continuously appropriated for the purposes of
ORS 456.515 to 456.725 and ORS chapter 458.
(2)
The Housing and Community Services Department may establish and maintain a
petty cash fund, in an amount not to exceed $300, for the purpose of paying
minor incidental expenses in the administration of the department. [1979 c.327 §25;
subsection (2) enacted as 1993 c.512 §7; 1995 c.79 §248; 2001 c.738 §5]
456.579 Mobile Home Parks Purchase
Account; restrictions; other funds. (1) There is
established separate and distinct from the General Fund an account to be known
as the Mobile Home Parks Purchase Account. Except as otherwise provided by law,
all moneys appropriated or credited to the Mobile Home Parks Purchase Account
are appropriated continuously for and shall be used by the Director of the
Housing and Community Services Department for the purpose of carrying out the
duties and responsibilities imposed upon the Housing and Community Services
Department under ORS 90.100, 90.630, 90.760, 90.800 to 90.840, 308.905, 446.003
and 456.581 and this section. Interest earned on the account shall be credited
to the account.
(2)
Except for loans provided in ORS 90.840, the account described in subsection
(1) of this section shall not be connected to or commingled in any way with the
funds described in ORS 456.720.
(3)
For the purpose of carrying out the provisions of ORS 90.100, 90.630, 90.760,
90.800 to 90.840, 308.905, 446.003 and 456.581 and this section, the Housing
and Community Services Department may seek funds from sources other than that
described in ORS 308.905 (1). Such funds shall be credited to the Mobile Home
Parks Purchase Account. [1989 c.919 §4; 1995 c.559 §55; 2007 c.217 §4]
456.580 [1971
c.505 §3; 1979 c.327 §1; renumbered 456.563]
456.581 Mobile Home Parks Purchase
Account; use; rules. The Mobile Home Parks Purchase
Account established in ORS 456.579 shall be used by the Housing and Community
Services Department to provide:
(1)
Technical assistance to tenants’ associations, manufactured dwelling park
nonprofit cooperatives and tenants’ association supported nonprofit
organizations and to facility purchase associations, as defined in ORS 90.100,
and to help tenants in activities related to the purchase or preservation of a
mobile home park or manufactured dwelling park by a tenants’ association,
manufactured dwelling park nonprofit cooperative, tenants’ association
supported nonprofit organization or facility purchase association.
(2)
By rule, loans for initial costs for purchasing a mobile home park or
manufactured dwelling park that the department determines has a significant percentage
of residents who are persons of lower income. Loans provided under this section
may be made only if the department is of the opinion that the purchase is
economically feasible and only to:
(a)
A tenants’ association, manufactured dwelling park nonprofit cooperative or a
tenants’ association supported nonprofit organization; or
(b)
A facility purchase association established pursuant to ORS 90.815 that
includes more than 50 percent of the tenants residing in the park. [1989 c.919 §2;
1999 c.222 §3; 2007 c.607 §14]
456.582 Prohibited acts; civil penalty.
(1) No person, either personally or by an agent, shall:
(a)
Make any material omission or false statement in the application for a
single-family residential loan financed by the Housing and Community Services
Department; or
(b)
Sell, rent or fail to occupy as a primary residence a single-family residence
subject to an outstanding residential loan financed by the Housing and
Community Services Department without the express written permission of the
Housing and Community Services Department.
(2)
In addition to any other penalties provided by law and in addition to any other
powers of the Director of the Housing and Community Services Department, the
director may impose a civil penalty for violation of any of the provisions of
subsection (1) of this section. No civil penalty shall exceed $5,000 per
violation.
(3)
Civil penalties under this section shall be imposed as provided in ORS 183.745.
(4)
All penalties recovered shall be paid into the Housing Finance Fund established
under ORS 456.720. [1979 c.327 §§23,24; 1989 c.706 §16; 1991 c.734 §31]
456.585 Farmworker housing information.
The Housing and Community Services Department shall serve as the primary state
agency for farmworker housing information. The department shall perform the
following duties related to farmworker housing information:
(1)
Develop an information center for farmworker housing financing information. The
department shall consult with private organizations and the Farmworker Housing
Facilitation Team established pursuant to subsection (3) of this section in
developing and operating the information center. The information center shall
include provision for access by the Internet.
(2)
To the extent practicable, simplify the application process for funding
farmworker housing projects.
(3)
Establish a Farmworker Housing Facilitation Team to provide an ongoing
discussion forum for state and local government agencies that are involved with
farmworker housing. Team members shall include the Housing and Community
Services Department, the Occupational Safety and Health Division, the State
Department of Agriculture, the Department of Land Conservation and Development,
the Employment Department and the Oregon State University Extension Service.
The Housing and Community Services Department shall also invite Rural
Development and the Farm Service Agency of the United States Department of
Agriculture, the United States Department of Labor, local planning agencies and
other interested persons to be members of the team.
(4)
Ensure that homeowner assistance programs engage in outreach efforts to contact
farmworkers.
(5)
Promote the establishment and use of individual development accounts by
farmworkers and others.
(6)
Use a statewide map of crop diversity to determine housing needs, and
facilitate the development of farmworker housing in appropriate locations.
(7)
Look at creative ways to provide housing, including but not limited to
time-share housing, cooperative housing, mobile and portable housing and
modular housing.
(8)
Work with private businesses, state agencies and nonprofit organizations to
maximize the development of farmworker housing.
(9)
To the extent practicable, refer housing-based conflicts to dispute resolution
processes. [2001 c.625 §1; 2007 c.71 §141]
Note:
456.585 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 456 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
456.587 Electricity Public Purpose Charge
Fund; Low-Income Electric Bill Payment Assistance Fund.
(1) The Housing and Community Services Department Electricity Public Purpose
Charge Fund is established in the State Treasury, separate and distinct from
the General Fund. Interest earned by the Housing and Community Services
Department Electricity Public Purpose Charge Fund shall be credited to the
fund. Moneys in the fund are continuously appropriated to the Housing and
Community Services Department to be used for purposes specified in ORS 757.612
(3)(b)(D).
(2)
The Housing and Community Services Department Low-Income Electric Bill Payment
Assistance Fund is established in the State Treasury, separate and distinct
from the General Fund. Interest earned by the Housing and Community Services
Department Low-Income Electric Bill Payment Assistance Fund shall be credited
to the fund. Moneys in the fund are continuously appropriated to the Housing
and Community Services Department for purposes described in ORS 757.612 (7). [2007
c.217 §8]
Note:
456.587 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 456 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
(Portland Single-Family Housing)
456.589 Legislative findings.
The Legislative Assembly finds that cities with a population of 300,000 or more
suffer from a lack of available mortgage financing for the purchase of
single-family homes in the core and inner areas of those cities. There is a
need for low-cost mortgage financing for single-family home purchasers in order
to prevent urban decay and blight and to promote the economic well being of
those core and inner areas. [1979 c.327 §30]
456.590 [1971
c.505 §6; 1979 c.327 §2; renumbered 456.567]
456.593 Use of bonds for single-family
home loans in Portland; amount; income and area limits; fees and charges.
(1) As used in this section, unless the context requires otherwise, “city”
means any city with a population of 300,000 or more.
(2)
Notwithstanding any of the provisions of ORS 456.548 to 456.725 to the
contrary:
(a)
Of the $2.5 billion bond authorization under ORS 456.661, the aggregate
principal amount of not to exceed $30 million is to be made available
exclusively for making or participating in making residential loans for
detached single-family homes, including lots described in ORS 92.840, in any
city.
(b)
The bonds under paragraph (a) of this subsection may be sold as a part of the
Housing and Community Services Department’s overall nongeneral obligation bond
issues under ORS 456.548 to 456.725, or separate issues totaling no more than
$30 million in an aggregate principal amount may be sold by the department as
required and requested by a city. The bonds need not be identified by
individual loans or transactions but may include any number of individual loans
or transactions or purposes within any single issue.
(c)
The department may use moneys received under paragraph (b) of this subsection
to purchase, service, sell and make commitments to purchase, service and sell
residential loans meeting all of the requirements of this paragraph. The loans
must be:
(A)
Originated by private lending institutions or any individual or organization
authorized by law to make those loans, for residential housing;
(B)
For owner-occupied detached single-family housing, which may include but is not
limited to lots described in ORS 92.840;
(C)
For properties located within an area of a city where the median income is
below the city’s median family income; and
(D)
To persons whose annual income for the current and the immediately preceding
year does not exceed 105 percent of the prevailing median income for families
within that city.
(d)
Areas eligible under paragraph (c) of this subsection shall be identified by
ordinance of the governing body of that city. That city shall have sole
discretion to designate one or more of those areas, and the proportionate or
approximate actual amount of single-family residential loans to be made in
those areas.
(e)
Fees or charges pursuant to ORS 456.625 (3) shall be assessed or collected in
connection with, or for, any loan, advance, insurance, loan commitments or
servicing, by the department under this section only after consultation with
the city. [1979 c.327 §§31,32; 1981 c.504 §5; 1995 c.79 §249; 1999 c.698 §1;
2003 c.743 §1; 2005 c.643 §1; 2007 c.607 §15]
456.600 [1971
c.505 §7; 1977 c.98 §1; 1979 c.327 §17; renumbered 456.571]
(Mortgage Credit Certificates)
456.605 Mortgage credit certificate
program. (1) The Housing and Community Services
Department may establish and implement mortgage credit certificate programs to
make available income tax credits for indebtedness incurred on acquisition,
improvement or rehabilitation of a principal residence. Under this program, the
department may issue tax credit certificates to persons and families with
incomes equal to or lower than the median family income as calculated under ORS
456.620 (4).
(2)
If the department elects to issue federal income tax credit certificates, the
director shall certify that each mortgage credit certificate program meets the
requirements of Section 25 of the Internal Revenue Code as amended and in
effect on December 31, 1996. The department shall make the determination of the
amount of qualified mortgage bonds that will not be issued so as to allow the
issuance of mortgage credit certificates.
(3)
If the Director of the Housing and Community Services Department determines
that the mortgage credit certificate program is not effective with the median
family income limitation established in subsection (1) of this section, the
director may issue tax credit certificates to persons and families with incomes
up to a percent of median family income determined appropriate by the Emergency
Board, if the person or families otherwise qualify for the program. [1985 c.501
§2; 1995 c.556 §44; 1997 c.839 §67]
456.610 [1971
c.505 §10; 1973 c.828 §28; 1979 c.327 §3; renumbered 456.574]
(Financing of Low-Income Housing)
456.612 Declaration of financing purpose.
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 Legislative Assembly but was not added to
or made a part of ORS chapter 456 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
456.615 [1973
c.828 §4; 1975 c.154 §1; 1979 c.60 §1; 1979 c.327 §4; 1981 c.504 §6; 1981 c.691
§1; 1987 c.414 §18; 1991 c.738 §1; 1991 c.739 §9; 1995 c.79 §250; 1997 c.302 §1;
2001 c.738 §2; 2003 c.743 §2; 2007 c.607 §17; 2007 c.783 §232e; renumbered 456.548
in 2007]
456.620 Duties of department in carrying
out housing programs. In carrying out housing
programs, the Housing and Community Services Department shall:
(1)
With the approval of the State Housing Council, adopt standards for the
planning, development and management of housing projects for which qualified
housing sponsors receive all or a portion of any required financing under ORS
456.548 to 456.725, for audits and inspections to determine compliance with
such standards and adopt criteria for the approval of qualified housing
sponsors under ORS 456.548 to 456.725.
(2)
Adopt criteria for the approval of qualified housing sponsors in ORS 456.548 to
456.725.
(3)
Enter into agreements with qualified housing sponsors to regulate the planning,
development and management of housing projects constructed with the assistance
of the department under ORS 456.548 to 456.725.
(4)
With the approval of the council, establish maximum household income limits for
all or a portion of the units in housing projects, housing developments or
other residential housing financed in whole or in part by the department. A
maximum of one-third of the units in a housing project, housing development or
other residential housing financed by the department may be rented to households
with an income level exceeding 120 percent of the median family income level,
as determined by the department. If the income level in any unit exceeds 120
percent of the median family income, the department shall, to the extent
practicable, require that the project, development or other housing financed by
the department have a percentage of low income units that is higher than the
minimum percentages established in ORS 456.120 (19) for projects financed by
local housing authorities or income limitations that are lower than the limits
described in ORS 456.120 (19) or a combination thereof. Income limits for
department programs administered on a statewide basis may be established by
reference to the median family or personal income in the state, or in various
regions in the state, as determined by the department. This subsection does not
restrict the acquisition of manufactured dwelling parks.
(5)
With the approval of the council, ensure that financing is provided in the
department’s programs for manufactured housing and for the purchase of lots
described in ORS 92.840 by manufactured dwelling park tenants. [1973 c.828 §5;
1979 c.60 §2; 1979 c.327 §5; 1985 c.501 §4; 1991 c.739 §11; 1993 c.511 §4; 1995
c.79 §251; 1995 c.735 §1; 2001 c.738 §3; 2003 c.743 §3]
456.623 Project funding notification
registry. (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 notification
described in subsection (1) of this section. A person may request notification
for multifamily housing projects on a statewide basis or may limit the request
to projects within specific areas of the state as identified by the department.
The department may charge a reasonable fee for the registration.
(3)
If the department proposes funding for a multifamily housing project, the
department shall send written notice of the funding proposal to all persons who
are at that time registered to receive the notice under this section. The
department may send notice to persons the department believes may be interested
but who are not registered to receive notice. The department shall not proceed
with awarding funding for a multifamily housing project prior to the 30th day
after the sending of notice to all persons entitled under this subsection to
notice of the funding proposal.
(4)
Notice sent under this section shall be limited to stating the deadline for
filing comments and the type of housing, number of units, sponsor and location
of the proposed project. The notice shall not include any information made
exempt from public disclosure under ORS 192.502 (24).
(5)
During the period after the department proposes funding for a multifamily
housing project and prior to the department proceeding with awarding the
funding, any interested person may file comments regarding the project with the
department.
(6)
At the discretion of the Director of the Housing and Community Services
Department, the department may conduct a market study or take other actions in
response to comments filed in regard to multifamily housing projects proposed
for funding.
(7)
Subsections (3), (5) and (6) of this section apply only to multifamily housing
project funding for construction, acquisition or rehabilitation loans, grants
or tax program awards that otherwise do not include an independently prepared,
project-specific market study as part of the department review, approval or
underwriting process.
(8)
As used in this section, “housing project” has the meaning given that term in
ORS 456.065. [1999 c.471 §1; 2007 c.152 §4]
Note:
456.623 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 456 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
456.625 Powers of department; status of
terms of project use contained in recorded instruments.
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 private
housing sector.
(2)
Prepare proposals on measures it considers necessary to address administration,
housing programs or community services programs.
(3)
With the approval of the State Housing Council, assess fees, charges or
interest in connection with housing programs.
(4)
Encourage community organizations to assist in initiating housing projects for
persons and families of lower income.
(5)
Encourage the salvage of usable housing scheduled for demolition or dislocation
because of highway, school, urban renewal or other public projects by seeking
authority for the public agencies involved in such programs to use the funds
provided for the demolition or relocation of such buildings to enable qualified
housing sponsors to relocate and rehabilitate such buildings for use by persons
and families of lower income.
(6)
Encourage research and demonstration projects to develop techniques and methods
for increasing the supply of adequate, decent, safe and sanitary housing for
persons and families of lower income.
(7)
Make or participate in the making of residential loans to qualified individuals
or housing sponsors to provide for the acquisition, construction, improvement,
rehabilitation or permanent financing of residential housing or housing
development; undertake commitments to make residential loans; purchase and sell
residential loans at public or private sale; modify or alter such mortgages or
loans; foreclose on any such mortgage or security interest or commence any
action to protect or enforce any right conferred upon the department by any
law, mortgage, security, agreement, contract or other agreement and to bid for
and purchase property that is subject to such mortgage or security interest at
any foreclosure or other sale; acquire or take possession of any such property
and complete, administer, conserve, improve and otherwise use the property to
accomplish the department’s purposes, pay the principal and interest on any
obligations incurred in connection with such property and dispose of such property
in such manner as the department determines necessary to protect its interests
under ORS 456.515 to 456.725 and ORS chapter 458.
(8)
Unless specifically exempted by the State Treasurer, deposit with the State
Treasurer any funds held in reserve or sinking funds under ORS 456.515 to
456.725 and ORS chapter 458 and any other moneys not required for immediate use
or disbursement by the department, subject to the provisions of any agreement
with holders of bonds entered into prior to October 15, 1983.
(9)
Advise and assist in the creation of any nonprofit housing corporation,
consumer housing cooperative or limited dividend housing sponsor and give
approval of the articles of incorporation and bylaws of any such organization
in carrying out ORS 456.515 to 456.725.
(10)
Cooperate with and exchange services, personnel and information with any
federal, state or local governmental agency.
(11)
With the approval of the State Treasurer, contract for the services of and
consultation with trustees, investment and financial advisors, paying agents,
remarketing agents and other professional persons or organizations in carrying
out ORS 456.515 to 456.725 and ORS chapter 458.
(12)
Contract for, act on or perform any other duties that the department considers
necessary or appropriate to carry out housing programs and community services
programs, including but not limited to contracting to provide compliance
monitoring or other administrative functions with respect to housing
developments and affordable housing, whether or not the housing developments or
affordable housing receives department funding and whether or not the housing
developments or affordable housing is located within this state. For purposes
of this subsection, “affordable housing” has the meaning given that term in ORS
456.055.
(13)
Purchase, service, sell and make commitments to purchase, service and sell
residential loans to the extent permitted by ORS 456.635 and 456.640 (1) to
(3).
(14)
Initiate or assist appropriate state agencies, governmental bodies and public
or private housing sponsors in the development, construction, acquisition,
ownership, leasing, rehabilitation or management of housing to carry out the
purposes of ORS 456.515 to 456.725 and ORS chapter 458 where such housing is
not otherwise affordable or available in the area.
(15)
Execute and record written instruments that contain terms, including but not
limited to restrictive covenants or equitable servitudes, pertaining to the use
and enjoyment of housing projects. Notwithstanding any other provision of law,
the executed instruments shall constitute and create restrictive covenants
affecting and running with the property according to the terms of the
instruments when recorded in the records of the county where the property is
located. County clerks shall accept the instruments for recording when
presented by or on behalf of the department.
(16)
Subject to the provisions of any agreement then existing with bondholders, make
available funds by contract, grant, loan or otherwise, including loan
guarantees, insurance or other financial leveraging techniques, from moneys
made available by the department to carry out the purposes of ORS 456.515 to
456.725, if such moneys are not needed for the operations of the department or
otherwise determined by the director to be a necessary or prudent reserve. [1973
c.828 §6; 1975 c.154 §8; 1979 c.60 §3; 1979 c.327 §6; 1981 c.504 §7; 1981 c.691
§2; 1983 c.519 §2; 1985 c.501 §3; 1987 c.567 §2; 1989 c.307 §6; 1991 c.739 §7;
1995 c.79 §252; 1999 c.1074 §3; 2001 c.738 §4; 2007 c.607 §18; 2007 c.783 §199;
2010 c.4 §1]
456.627 Legislative finding on
availability of single-family residential loans.
Notwithstanding the provisions of ORS 456.625 (7), the Housing and Community
Services Department shall not make any single-family residential loan directly
to any individual unless the Legislative Assembly or Emergency Board finds that
private lending institutions are unwilling or unable to participate in the
department’s single-family residential loan programs or portions of those
programs under ORS 456.548 to 456.725. [1981 c.504 §12; 1995 c.79 §253]
456.630 Services to qualified sponsors and
institutions. 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, but are not limited to:
(1)
Technical and professional planning assistance;
(2)
Technical assistance for forming and operating manufactured dwelling park
nonprofit cooperatives;
(3)
Preparation and promulgation of organizational planning and development
guidelines;
(4)
Consultation services;
(5)
Training courses, seminars and lectures; and
(6)
Other services or materials for assistance of qualified housing sponsors in the
planning, development and management of housing projects under ORS 456.548 to
456.725. [1973 c.828 §7; 1995 c.79 §254; 2007 c.607 §19]
456.635 Commitments on residential loans.
(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 purchase, insure, service and
sell residential loans held by lending institutions for persons and families of
lower income in this state and for manufactured dwelling park tenant purchases
of lots described in ORS 92.840. The department may purchase from lending
institutions securities backed by residential loans.
(2)
Any commitment made by the department subject to subsection (1) of this section
shall be based upon an agreement with the lending institution that the proceeds
received by the lending institution from the sale of such loans to the
department shall be used by the lending institution only for the financing of
residential housing for persons and families of lower income in this state,
including the financing of newly originated residential loans, or for the
financing of loans for the purchase of lots described in ORS 92.840 by
manufactured dwelling park tenants, provided the loans are made after the date
of the department’s commitment. [1973 c.828 §8; 1979 c.60 §4; 1979 c.327 §7;
2003 c.743 §4]
456.640 Purchase of residential loans.
(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 for the purchase by the
department of existing residential loans under ORS 456.635, a lending
institution may request the reservation by the department of funds.
(3)
The department may grant a reservation of funds in such amount and subject to
such conditions as it considers necessary under ORS 456.548 to 456.725.
(4)
Upon the decision by the department to purchase residential loans under ORS
456.635, the department shall issue a binding letter of commitment subject to
such terms and conditions as the department considers necessary. The letter of
commitment shall be binding upon the department as of the date of its execution
subject to the terms and conditions, if any, included therein. [1973 c.828 §§9,10;
1979 c.60 §5; 1979 c.327 §8; 1995 c.79 §255]
456.645 Revenue bonds.
(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 department considers necessary to
carry out the purposes of ORS 456.548 to 456.725, or for paying or refunding any
bonds previously issued by the department for such purposes.
(2)
All bonds shall be special revenue obligations of the State of Oregon, and,
unless paid from the proceeds of other bonds, shall be payable as to principal,
redemption premium, if any, and interest, solely from the revenues, assets or
funds in the Housing Finance Fund as may be pledged therefor, subject to
existing agreements with the holders of any bonds, in accordance with any
housing finance bond declaration. Bonds may be paid from any source available
under ORS 456.515 to 456.725, including but not limited to:
(a)
From the income and revenues of the housing project or projects financed with
the proceeds from the sale of such bonds or with such proceeds together with
other moneys available to the department under ORS 456.548 to 456.725 or other
moneys or grants from the federal government in aid of such projects.
(b)
From the income and revenues of certain designated housing projects, whether or
not financed with the proceeds from the sale of such bonds, if such housing
projects were financed with moneys available to the department under ORS
456.515 to 456.725.
(c)
From funds held in a capital or other reserve account.
(d)
From such other funds as deemed adequate in fulfilling the purposes of ORS
456.515 to 456.725.
(e)
From the revenues of the department under ORS 456.515 to 456.725, generally.
(3)
The department shall maintain accounting records and shall prepare annual
financial statements for distribution to existing and potential bond
purchasers. [1973 c.828 §11; 1975 c.154 §2; 1979 c.327 §9; 1981 c.660 §39; 1983
c.519 §3; 1995 c.79 §256; 2007 c.783 §200]
456.650 [1973
c.828 §12; 1981 c.660 §40; 1983 c.519 §4; 1995 c.79 §257; repealed by 2007
c.783 §234]
456.655 When bonds not to be issued; debt
service reserve; bond declaration. (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 unless the amount then on deposit in the capital
reserve account, together with the amount of the proceeds of the bonds to be
deposited in the account, is equal to or greater than the required debt service
reserve. Subject to existing agreements with bondholders, the required debt
service for any issue reserve shall be, as determined in the housing finance
bond declaration, either (i) the maximum or (ii) the average of the amounts
payable as annual debt service on all outstanding bonds secured by a pledge of
amounts in the capital reserve account in any one fiscal year during the
remaining term of such bonds. The annual debt service is an amount equal to the
aggregate of:
(a)
All interest payable during the fiscal year on all bonds secured by a pledge of
amounts in the capital reserve account outstanding on the date of computation;
and
(b)
The principal amount of such bonds maturing during the same fiscal year; and
(c)
All amounts as specified in any housing finance bond declaration or in any
contract with bondholders as payable during such fiscal year as a sinking fund
payment with respect to any bond issues as the Housing and Community Services
Department has determined a debt service shall be required which mature after
such fiscal year.
(2)
The required debt service reserve shall be calculated on the assumption that
bonds will after the date of computation cease to be outstanding by reason of
payment of the bonds when due at their respective maturity, and upon
application, in accordance with the resolution or any contract with
bondholders, of all sinking fund payments payable at or after such date of
computation. However, the department may, at the time of issuance of additional
bonds, deposit in the capital reserve account, from the proceeds of the
additional bonds to be issued, or other sources, an amount, which, together
with the amount then in such fund will be not less than the maximum required
debt service reserve.
(3)
No bonds shall be issued by the State Treasurer unless they are part of an
issue described in a written instrument signed by the Director of the Housing
and Community Services Department and filed in the office of the State
Treasurer. Each instrument shall set forth or otherwise determine or provide
for the date of the bonds, the amount, the maturity or maturities, the rate or
rates of interest, the form of bonds, the place of payment, registration
provisions, terms of redemption, and time, place and manner of sale of the
issue. Each instrument, when the State Treasurer shall have certified approval
thereon, shall be known as a “housing finance bond declaration.” Each housing
finance bond declaration shall be deemed to be and shall constitute conclusive
proof of the authorization to issue the bonds therein described and may contain
such further pledges and provisions concerning bonds. The State Treasurer and
the director of the department shall have and exercise all powers necessary or
incidental to carry out the purposes of this subsection. [1973 c.828 §13; 1975
c.154 §3; 1983 c.519 §5]
456.660 [1973
c.828 §14; repealed by 1979 c.327 §10 (456.661 enacted in lieu of 456.660)]
456.661 Limitation on revenue bond amount;
legislative findings; designation of areas for issuance of qualified mortgage
bonds. (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
456.725 and any bonds that have been refunded. The amount of $30 million of the
total $2.5 billion of bonds authorized under this section or proceeds from the
sale of the bonds shall be made exclusively available for making or
participating in making residential loans for single-family homes in cities
with a population of 300,000 or more in the manner specified in ORS 456.593. No
more than $10 million of the bonds authorized under this section or proceeds
from the sale of the bonds shall be made available for residential loans for
home improvements.
(2)
ORS 286A.095 applies for purposes of determining limitations under this
section.
(3)
The Legislative Assembly finds that:
(a)
Pursuant to ORS 456.515 to 456.725, the Housing and Community Services
Department has served as the sole department or instrumentality of the state
authorized to coordinate and establish statewide priorities for housing
programs and to provide planning and technical assistance to sponsors of
housing for persons and families of lower income throughout the state.
(b)
The department’s activities have been instrumental in alleviating the serious
shortage of decent, safe and sanitary housing for lower income persons.
(c)
Continuation of the department’s programs for financing owner-occupied
residential housing to the fullest extent practicable under the Internal
Revenue Code is a matter of paramount concern to the state.
(4)
The department shall designate areas of chronic economic distress within the
state for the purpose of issuing qualified mortgage bonds as described in
section 143 of the Internal Revenue Code. [1979 c.327 §11 (enacted in lieu of
456.660); 1981 c.504 §8; 1981 c.691 §3; 1985 c.205 §1; 1995 c.79 §258; 1999
c.698 §2; 2001 c.114 §51; 2005 c.643 §2; 2007 c.783 §201]
456.665 Status of revenue bonds; negotiability;
interest tax-exempt. (1) Neither the State Treasurer,
the Director of the Housing and Community Services Department, the State
Housing 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 456.725 by reason of the issuance thereof.
(2)
All obligations issued by the State Treasurer under ORS 456.548 to 456.725
shall not constitute a debt, liability or general obligation of this state or
any political subdivision thereof or a pledge of the faith and credit of this
state or any such political subdivision, but shall be payable solely from the
revenues or assets of the department acquired pursuant to ORS 456.548 to
456.725. Each obligation issued under ORS 456.548 to 456.725 shall contain on
the face thereof a statement that the department shall not be obligated to pay
the same nor the interest thereon except from the revenues or assets pledged
therefor and that neither the faith and credit nor the taxing power of this
state or any political subdivision thereof is pledged to the payment of the
principal of or the interest on such obligation.
(3)
All bonds issued by the State Treasurer under ORS 456.548 to 456.725 shall be
fully negotiable.
(4)
The interest upon all bonds, including refunding bonds, issued by the State
Treasurer under ORS 456.548 to 456.725 shall be exempt from personal income
taxation in the State of Oregon. [1973 c.828 §15; 1979 c.327 §17a; 1981 c.23 §3;
1983 c.519 §6; 1987 c.414 §19; 1995 c.79 §259]
456.670 Bond maturity; execution.
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, with respect to bonds issued
under ORS 456.548 to 456.725 shall be determined by the State Treasurer, upon
the advice of the department. The bonds shall be executed in the manner set forth
in ORS chapter 286A. [1973 c.828 §16; 1975 c.154 §4; 1979 c.327 §12; 1981 c.23 §4;
1981 c.660 §41; 1983 c.519 §7; 1995 c.79 §260; 2005 c.74 §5; 2007 c.783 §202]
456.675 Bond provisions and limits;
security for payment. (1) The bonds issued by the State
Treasurer under ORS 456.515 to 456.725 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 456.725 and all or any
part of the moneys received in payment of residential loans and interest
thereon and other moneys received or to be received by the department under ORS
456.548 to 456.725 to secure payment of the bonds, subject to the provisions of
any agreements with bondholders then existing.
(b)
Pledge all or any part of the assets of the department acquired under ORS
456.548 to 456.725, including residential loans and obligations securing such
residential loans to secure the payment of the bonds, subject to the provisions
of any agreements with bondholders then existing.
(c)
Pledge any moneys, loans or grants received from the federal government, the
state or any city, county or political subdivision of this state for any
housing project financed in whole or in part from the sale proceeds of bonds.
(d)
Provide for the use and disposition of the gross income from residential loans
held by the department and for the payment of the principal on residential
loans held by the department.
(e)
Limit the purposes for which the proceeds from the sale of bonds may be applied
by the department and pledge such proceeds to secure payment of the bonds of
the department.
(f)
Limit the issuance of additional bonds, the terms upon which such additional
bonds may be issued and the refunding of outstanding bonds.
(g)
Provide for the procedure, if any, by which the terms of any contract with
bondholders may be amended or rescinded, the percentage of the bondholders that
must consent thereto and the manner of giving their consent thereto.
(h)
Vest in a trustee appointed by the director such property, rights, powers and
duties in trust as the department may determine, including the rights, powers
and duties of a trustee appointed for bondholders pursuant to ORS 456.548 to
456.725 or limiting the rights, powers and duties of any trustee so appointed.
(i)
Provide for other matters affecting security for the bonds.
(2)
Any pledge made by or pursuant to subsection (1) of this section shall be valid
and binding from the time when the pledge is made. The revenues, assets and
funds pledged pursuant to subsection (1) of this section shall immediately be
subject to the lien or pledge without physical delivery thereof or further act,
and the lien of any pledge shall be valid and binding against all parties
having claims of any kind in tort, contract or otherwise, irrespective of
whether the parties have notice thereof. No housing finance bond declaration or
any other instrument by which the pledge is created need be recorded or filed
except as provided in ORS 456.548 to 456.725 and the department shall not be
required to comply with any of the provisions of the Oregon Uniform Commercial
Code. [1973 c.828 §17; 1975 c.154 §5; 1977 c.32 §1; 1979 c.60 §6; 1981 c.504 §9;
1983 c.519 §8; 1995 c.79 §261]
456.680 Purchase of bonds by department.
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 legally available for the
purpose under ORS 456.515 to 456.725. If the outstanding bonds are redeemable
at the time of acquisition, the department must pay a reasonable price that
does not exceed the applicable redemption price plus accrued interest to the
date of redemption. [1973 c.828 §18; 1995 c.79 §262; 2009 c.537 §10]
456.685 Bondholders’ remedies.
(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 with any agreement with the
bondholders or any other provision of ORS 456.548 to 456.725, the holders of 25
percent in aggregate principal amount of bonds then outstanding may instruct
the trustee to represent them as provided in subsection (2) of this section by
filing an appropriate instrument that is acknowledged in the manner provided
for the acknowledgment of deeds in this state with the county clerk for Marion
County.
(2)
A trustee appointed pursuant to subsection (1) of this section may:
(a)
Enforce all rights of the bondholders under ORS 456.548 to 456.725 or any agreement
with the department by appropriate proceedings.
(b)
Bring suit upon such bonds.
(c)
By appropriate proceeding, require the department to account.
(d)
By appropriate judicial proceedings, enjoin any act of the department that is
in violation of ORS 456.548 to 456.725 or in violation of any agreement with
the bondholders.
(e)
Exercise any powers necessary or appropriate for the exercise of any functions
under this section or otherwise incidental to the general representation of the
bondholders in the enforcement and protection of their rights. [1973 c.828 §19;
1995 c.79 §263]
456.690 Loan authority of department;
rules. (1) Upon a finding made by the State
Housing 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,
manufactured dwelling parks, manufactured dwelling park nonprofit cooperatives
or housing projects for persons and families whose income does not exceed
maximum household income limits established by the Housing and Community
Services Department under ORS 456.620 (4) is inadequate, the department may
make loans to lending institutions in this state for the purpose of providing
funds to such institutions for the financing of residential housing units,
manufactured dwellings, manufactured dwelling parks, manufactured dwelling park
nonprofit cooperatives or housing projects, for persons and families whose
income does not exceed maximum household income limits established by the
department under ORS 456.620 (4).
(2)(a)
The department, subject to existing agreements with bondholders, may make
privately or federally insured or guaranteed loans for the rehabilitation or
improvement of existing single-family homes for persons and families of lower
income, manufactured dwellings for persons and families of lower income or
manufactured dwelling parks and manufactured dwelling park nonprofit
cooperatives that the department determines have a significant percentage of
residents who are persons of lower income, if the department finds that:
(A)
The supply of funds available through private lending institutions for that
purpose is inadequate; and
(B)
The housing may be rehabilitated or improved to provide adequate, safe and
sanitary residential housing.
(b)
The department may cooperate with qualified housing sponsors in the development
and implementation of such loan programs. Loans made by the department under
this subsection shall be made for single-family homes.
(3)
Prior to the making of any loan under this section, the department, with the
approval of the council, shall adopt rules governing the making of such loans,
including but not limited to:
(a)
Procedures for the submission, review and approval of requests for loans under
this section.
(b)
Standards and requirements for the allocation of loan moneys available among
eligible borrowers and the determination of the terms, conditions and interest
rates for such loans.
(c)
Limitations, if any, on the number of housing units or projects, type of
housing units or projects and any other characteristics for the eligibility of
housing units or projects for such financing.
(d)
Restrictions, if any, on the interest rates to be charged by lending
institutions on loans made from such loan proceeds and the return to be
realized by the lending institution therefrom.
(e)
Commitment requirements applied to residential mortgage financing by lending
institutions from the proceeds of such loans.
(f)
Schedules of fees and charges to be made by the department in accepting,
reviewing and acting upon applications for loans under this section.
(4)
The department shall administer the loan program for rehabilitation or
improvement of existing single-family homes for persons and families of lower
income in accordance with the following requirements and loan criteria:
(a)
Eligibility for a loan shall be based on current department income limitations.
(b)
A loan may be assumed only by another person of lower income.
(c)
The single-family home for which a loan is made must be owner-occupied.
(d)
The maximum principal amount of a single loan is $15,000.
(e)
An eligible borrower shall have only one loan outstanding under this program at
any one time.
(f)
An eligible improvement including, but not limited to, a remodeling project
shall be defined by rule and the provisions of the Revenue Adjustments Act of
1980 (Public Law 96-499), as adopted December 5, 1980, shall be recognized in
that definition.
(g)
Loans shall be made in accordance with a distribution of population between
urban and rural areas that takes the availability of alternative resources into
account.
(h)
The department shall work with qualified housing sponsors whenever it is
appropriate to do so.
(5)
All loans made and all rules adopted under this section shall be designed by
the department, with the approval of the council, to expand the supply of funds
available in this state for the financing of residential housing units,
manufactured dwellings, manufactured dwelling parks, manufactured dwelling park
nonprofit cooperatives and housing projects, for persons and families whose
income does not exceed maximum household income limits established by the
department under ORS 456.620 (4), to provide an adequate supply of safe and
sanitary units of such housing, and to promote the effective participation of
conventional lending institutions in the financing of such housing and restrict
the financial return and benefit to such lenders to that which is necessary and
reasonable to induce their participation under this section.
(6)
In making loans under this section, the department, with the approval of the
council, may prescribe such terms, conditions, maturity dates and interest rate
provisions as it considers necessary. [1973 c.828 §20; 1979 c.60 §7; 1979 c.327
§14; 1981 c.691 §4; 1985 c.298 §1; 1989 c.307 §7; 1991 c.739 §8; 2007 c.607 §20]
456.692 Loans financed through bonds secured
by specific properties. (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 powers granted under ORS 456.548 to 456.725, the Housing and Community
Services Department may do any of the following:
(a)
Enter into agreements to finance the costs of an eligible housing project by
lending the proceeds of bonds authorized under ORS 456.645 (1) to any qualified
housing sponsor under such terms and with such security as the department may
approve. However, notwithstanding ORS 456.645 (2), the proceeds of bonds
described in this paragraph need not be placed in the Housing Finance Fund and
bonds described in this paragraph need not be payable as to principal,
redemption premium, if any, and interest from the revenues, assets or funds in
the Housing Finance Fund. In addition, bonds described in this paragraph to
finance eligible housing projects are not subject to ORS 456.655 and 456.661.
(b)
Lease and sublease eligible housing projects to a qualified housing sponsor so
that rents to be charged for the use of such projects are established, and
revised from time to time as necessary, to produce income and revenue
sufficient to provide for the prompt payment when due of principal and interest
on all bonds described in paragraph (a) of this subsection. A lease shall
provide that the lessee be required to pay all expenses of the operation and
maintenance of the project including, but without limitation, adequate
insurance on the project and insurance against all liability for injury to
persons or property arising from the operation of the project. The lease shall
also provide that the lessee pay all taxes and special assessments levied upon
or with respect to the leased premises and payable during the term of the lease
and that during the term of the lease the lessee shall pay ad valorem taxes in
the same amount and to the same extent as though the lessee were the owner of
all real and personal property comprising the project.
(c)
Pledge and assign to the holders of bonds described in paragraph (a) of this
subsection or a trustee therefor all or any part of the revenues of one or more
eligible housing projects owned or to be acquired by the state, and define and
segregate such revenues or provide for the payment thereof to a trustee.
(d)
Mortgage or otherwise encumber eligible housing projects in favor of the
holders of bonds described in paragraph (a) of this subsection or a trustee
therefor.
(e)
Make all contracts, execute and deliver all instruments and do all things
necessary or convenient in the exercise of the powers granted by this section,
or in the performance of its covenants or duties, or in order to secure the
payment of bonds described in paragraph (a) of this subsection. The authority
granted under this paragraph includes a contract entered into prior to the
construction, acquisition and installation of the eligible housing project
authorizing the lessee, subject to such terms and conditions as the state finds
necessary or desirable and proper, to provide for the construction, acquisition
and installation of the buildings, improvements and equipment to be included in
the project by any means available to the lessee and in the manner determined
by the lessee.
(f)
Enter into and perform such contracts and agreements with qualified housing
sponsors as the respective boards of directors may consider proper and feasible
for or concerning the planning, construction, installation, lease or other
acquisition, and the financing of the facilities of an eligible housing
project. The contracts and agreements may establish a body as may be considered
proper for the supervision and general management of the facilities.
(g)
Accept from an authorized agency of the federal government loans or grants for
the planning, construction, acquisition, leasing or other provision of an
eligible housing project and enter into agreements with that agency respecting
the loans or grants.
(h)
Execute and deliver letters of credit, municipal bond insurance or other credit
enhancement agreements supporting and securing bonds described in paragraph (a)
of this subsection. [2001 c.689 §2]
456.695 Housing required to comply with
land use plans, zoning and other ordinances. 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
456.725 and ORS chapter 458 must be in compliance with any interim
comprehensive land use plan or comprehensive land use plan and zoning,
subdivision and other ordinances and regulations and laws of this state
applicable to the lands upon which such projects are to be constructed; or, if
an interim comprehensive land use plan or comprehensive land use plan is not in
effect with respect to such lands, such units or projects must be in compliance
with generally accepted land use planning standards. [1973 c.828 §21; 1995 c.79
§264]
456.697 Restrictions on use of financing
provided by department; regulation of housing sponsor; security interests.
(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 incidental elements shall be
applied to loans due under ORS 456.548 to 456.725.
(2)
A limited dividend housing sponsor shall be restricted as to distribution of
income and shall be regulated as to rents, charges, rate of return and methods
of operation as the department determines necessary to carry out the purposes
of ORS 456.548 to 456.725.
(3)
Not more than 50 percent of the total amount of any financing provided by the
department for a particular residential housing development may be used to
finance nonhousing facilities.
(4)
An insured or guaranteed residential loan need not be secured by a first
mortgage on real property but, unless the loan is to a manufactured dwelling
park nonprofit cooperative, shall be secured by a security interest of first
priority. If the insured or guaranteed loan is to a manufactured dwelling park
nonprofit cooperative, the loan shall be secured by a security interest of
first or second priority. [2007 c.607 §9]
456.700 Pledge and lien.
Any pledge, commitment or reservation of funds made by the Housing and
Community Services Department under ORS 456.515 to 456.725 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 against all parties having any
claims in tort, contract or otherwise against the department whether or not the
parties have notice of the lien. [1973 c.828 §22; 1977 c.32 §2; 1995 c.79 §265;
2007 c.783 §203]
456.705 Servicing loans.
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
456.725 and ORS chapter 458 the department may:
(1)
Provide for servicing of the loan by its own staff.
(2)
Contract with the Director of Veterans’ Affairs for the performance of
servicing functions for the loan.
(3)
For loans purchased by the department under ORS 456.635, contract with the
lending institution selling such loans or any other lending institution for the
servicing of such loans, subject to such terms and conditions as the department
considers necessary to protect the interests of the department in such loans.
The department may provide for the payment of such fees for servicing performed
by a lending institution under this subsection as it considers necessary. [1973
c.828 §23; 1979 c.60 §8; 1979 c.327 §15; 1995 c.79 §266; 2007 c.607 §21]
456.710 Payment of advances; use thereof;
limitations. (1) The Housing and Community Services
Department may use moneys in the revolving account to make noninterest-bearing
advances to qualified nonprofit housing sponsors or interest-bearing advances
to other qualified housing sponsors for use in payment by such sponsors of the
development costs of proposed housing units or projects. The department may not
make any advance under this subsection unless the department may reasonably
anticipate that a residential, manufactured dwelling, manufactured dwelling
park or manufactured dwelling park nonprofit cooperative loan may be obtained
by the qualified housing sponsor for the permanent financing of the proposed
housing unit or project.
(2)
The proceeds of any advance granted by the department under subsection (1) of
this section may be used by the qualified housing sponsor only for the
development costs of a proposed housing unit or project or housing development.
Each advance so granted shall be repaid in full, by the qualified housing
sponsor for which the advance was granted, to the department at the time of the
receipt by the housing sponsor of the portion of the loan paid under the
initial indorsement of the loan, unless the department extends the repayment
period. The department may not extend the repayment period past the date the
qualified housing sponsor receives the portion of the loan paid on final
indorsement of the loan. [1973 c.828 §24; 1979 c.60 §9; 1981 c.691 §5; 2007
c.607 §22]
456.715 Insurance of loans.
(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 housing for persons and
families of lower income and the insured must agree to any restrictions placed
upon such residential housing by the department. The department may establish
dedicated accounts within the Housing Finance Fund to provide reserves against
losses in connection with that insurance.
(2)
All applications for residential loan insurance under subsection (1) of this
section shall be made on such forms and accompanied by such application fee as
the department may prescribe.
(3)
The department shall notify the applicant of its determinations and the
approval or denial of the application.
(4)
Notwithstanding subsection (1) of this section, the department may insure loans
for manufactured dwelling units, manufactured dwelling parks and manufactured
dwelling park nonprofit cooperatives if the department determines that the
unit, park or cooperative has a significant percentage of residents who are
persons of lower income. [1973 c.828 §§25,26; 1979 c.60 §10; 1979 c.327 §16;
2007 c.607 §23]
456.717 Interim construction financing for
multifamily housing. (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 this section, “multifamily housing” means, but is not limited to,
projects which provide four or more living units, which projects may provide
spaces for common use by the occupants in social and recreational activities.
Projects under this section may include such other nonhousing facilities
incidental or appurtenant to the project as the department determines improve
the quality of the housing and the financial feasibility of the project,
provided that not more than 50 percent of the total amount of financing
provided by the department for a particular multifamily housing project shall
be used for such nonhousing facilities. [1979 c.327 §27; 1981 c.504 §10; 1993
c.1 §1; 1997 c.302 §2]
456.720 Housing Finance Fund; Housing
Development Account. (1) The Housing Finance Fund is
established, separate and distinct from the General Fund. The 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
Community Services Department under ORS 456.548 to 456.725, moneys appropriated
by the state for use by the department in carrying out ORS 456.548 to 456.725
and moneys made available from any other source for use by the department under
ORS 456.548 to 456.725.
(2)
Except as otherwise provided in this section, moneys in the fund may be
expended by the department for the purposes authorized in ORS 456.548 to
456.725. Except as otherwise provided in this section for a capital reserve
account, the department may establish one or more accounts within the fund for
use in carrying out ORS 456.548 to 456.725.
(3)
There may be established within the Housing Finance Fund capital reserve
accounts. A capital reserve account shall consist of the aggregate of moneys
retained by the department, pursuant to existing agreements with the
bondholders, as the annual debt service reserve, as described in ORS 456.655
(1), for each bond issue sold by the department under ORS 456.645. All moneys
in the account for an issue which the department has determined a debt service
reserve is required shall be used solely for the payment of the principal and
interest on the bonds as they mature, the purchase of such bonds, the payment
of interest on such bonds and the payment of any redemption premium required to
be paid by the department when any such bonds are redeemed prior to maturity.
Moneys in the account may not be withdrawn therefrom at any time in such amount
as would reduce the amount of moneys in the account below the maximum amount of
principal and interest maturing and becoming due in the succeeding fiscal year
on all such bonds then outstanding, except for the purpose of paying principal
of and interest and premium, if any, on the bonds of the department maturing
and becoming due and for the payment of which other moneys in the Housing
Finance Fund are not available.
(4)
Except as otherwise provided in existing agreements with bondholders, any
income or interest earned by or accruing to the capital reserve account because
of the investment by the department of moneys within the account may be
retained by the department in the fund to apply to any future deficiency that
may occur or may be used by the department for the repayment of moneys in the
revolving account that were expended by the department pursuant to ORS 456.574
(2)(b).
(5)
In order to assure the continual operation and maintenance of the capital
reserve account in the Housing Finance Fund and to carry out ORS 456.548 to
456.725, if the amount of money on deposit in the capital reserve account in
any year is less than the debt service reserves described in ORS 456.655 (1),
the Director of the Housing and Community Services Department shall certify to
the Governor and the Legislative Assembly or, during the interim, to the
Emergency Board the amount needed to restore the account to its required debt
service reserves. The amount so certified by the director may be appropriated
by the Legislative Assembly or, during the interim, allocated by the Emergency
Board and paid to the department during the then current fiscal year for
deposit in the capital reserve account.
(6)
For the purposes of this section, the department shall annually value
investments in the capital reserve account at the amortized cost of the
investments.
(7)
There is established within the Housing Finance Fund a Housing Development
Account. Moneys in this account are hereby continuously appropriated to carry
out the purposes of ORS 456.515 to 456.725 by contract, grant, loan or as
otherwise determined necessary by the department.
(8)(a)
The Housing Development Account shall consist of moneys deposited or received
by the department for the purposes of this account from whatever source. Of the
moneys deposited into the account:
(A)
The department shall not use moneys from its own resources for administrative
expenses; and
(B)
The department may use moneys from other sources for administrative expenses
only to the extent provided by those sources.
(b)
The department may return moneys received or deposited in the account to the
original source of the moneys, as the director determines necessary.
(9)
Except as otherwise stipulated by the source of funds, any income or interest
earned by or accruing to the Housing Development Account because of the
investment by the department of moneys in the account may be retained by the
department for the uses of the account.
(10)
The department may enter into agreements regarding use of moneys received for
the Housing Development Account with the source of the moneys, and may comply
with the provisions of such agreements. [1973 c.828 §27; 1975 c.97 §1; 1975
c.154 §6; 1987 c.567 §3; 1989 c.966 §51; 1995 c.79 §267; 2007 c.783 §203a]
456.722 Preferences in funding grants to
low-income housing providers; rules. (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.
(b)
As used in this section, “public funds” includes all low-income rental housing
grants, loans or tax credits administered or awarded by the department, whether
state, federal or otherwise, but does not include funds derived from the sale
of bonds by the department.
(c)
Enforcement of the preference following an award of funds shall be by complaint
to the department.
(2)
The department shall adopt any rules necessary to implement this section. [1997
c.577 §41]
Note:
456.722 was added to and made a part of 456.515 to 456.725 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
(Bonding)
456.723 Legislative finding on bonding
authority of department. 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 is
an adequate supply of housing for people of all income levels, particularly
low-income people, in order to reduce:
(a)
The number of people who are homeless or who live in inadequate housing in this
state; and
(b)
Dependence on various state services that exist because of the needs created by
homelessness and inadequate housing.
(3)
The Housing and Community Services Department’s authority to issue bonds is an
effective tool that will increase funds available to provide safe, affordable
housing and reduce homelessness in this state. [1989 c.719 §1]
DISCRIMINATION
456.725 Discrimination against purchaser
with children prohibited; exceptions; rules. (1)
Unless the qualified housing sponsor, as defined in ORS 456.548, 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 the
construction, substantial rehabilitation or permanent financing of multiple
unit residential housing or owner occupied dwelling units in condominiums or
cooperatives from any of the following:
(a)
Any state financed or sponsored housing program.
(b)
Any tax exemption or limited assessment under ORS 307.600 to 307.637 or 308.450
to 308.481.
(2)
Subsection (1) of this section does not apply where the dwelling units are
occupied exclusively by households, the heads of which are 58 years or older.
(3)
The Housing and Community Services Department shall adopt rules to establish
and implement a grievance procedure for any unit purchaser or tenant who alleges
violation of subsection (1) of this section whereby the grievance can be
resolved by means of conciliation. Nothing in this section limits the right of
the Housing and Community Services Department to enforce subsection (1) of this
section by other appropriate remedies.
(4)
The city shall terminate the exemption under ORS 307.600 to 307.637 upon a
finding that the qualified housing sponsor which has the exemption has violated
subsection (1) of this section.
(5)
The governing body shall terminate the limited assessment under ORS 308.450 to
308.481 upon a finding that the qualified housing sponsor which has the limited
assessment has violated subsection (1) of this section.
(6)
Nothing in this section prevents the qualified housing sponsor from limiting
the number of occupants in a unit depending on the number of rooms in
compliance with a schedule adopted by rule by the Housing and Community
Services Department or by local ordinance adopted by the governing body.
(7)
Nothing in this section requires or prohibits a qualified housing sponsor from
providing facilities to accommodate the children of tenants. [1981 c.451 §1;
1987 c.414 §20]
456.727 [1987
c.414 §11; repealed by 1993 c.744 §4]
456.730 [1975
c.676 §1; renumbered 455.510 in 1987]
456.732 [1987
c.414 §12; repealed by 1993 c.744 §4]
456.735 [1975
c.676 §2; 1983 c.764 §1; renumbered 455.520 in 1987]
456.737 [1987
c.414 §13; repealed by 1993 c.744 §4]
456.740 [1975
c.676 §4; 1981 c.495 §1; renumbered 455.525 in 1987]
456.741 [1987
c.414 §13a; repealed by 1993 c.744 §4]
456.742
[Formerly 456.745; renumbered 455.530 in 1987]
456.744 [1977
c.354 §3; renumbered 455.565 in 1987]
456.745 [1975
c.676 §5; renumbered 456.742 and then 455.530]
456.746 [1977
c.354 §2; renumbered 455.560 in 1987]
456.747 [1977
c.354 §4; renumbered 455.570 in 1987]
456.748 [1977
c.354 §5; renumbered 455.575 in 1987]
456.749 [1977
c.354 §6; renumbered 455.580 in 1987]
456.750 [1973
c.834 §1; renumbered 455.010 in 1987]
456.752 [1987
c.414 §13b; 1993 c.744 §250a; renumbered 701.285 in 1993]
456.753 [1977
c.816 §2; renumbered 456.915 and then 455.310]
456.755 [1973
c.834 §2; 1979 c.838 §4; 1983 c.740 §179; renumbered 455.020 in 1987]
456.756 [1975
c.571 §2; renumbered 455.410 in 1987]
456.757 [Formerly
670.330; repealed by 1993 c.744 §252]
456.758 [1975
c.646 §2; renumbered 456.917 and then 455.315]
456.760 [1973
c.834 §3; 1975 c.607 §35; 1977 c.283 §3; 1979 c.875 §1; 1981 c.421 §3; 1987
c.58 §14; renumbered 455.210 (1) to (5) in 1987]
456.762
[Formerly 670.340; repealed by 1993 c.744 §252]
456.763 [1977
c.546 §§2,3; renumbered 455.420 in 1987]
456.765 [1973
c.834 §4; repealed by 1977 c.283 §6]
456.770 [1973
c.834 §5; renumbered 455.110 in 1987]
456.772 [1977
c.422 §§2,3; renumbered 455.425 in 1987]
456.775 [1973
c.834 §6; 1977 c.283 §5; 1979 c.838 §5; renumbered 455.040 in 1987]
456.780 [1973
c.834 §7; renumbered 455.130 in 1987]
456.785 [1973
c.834 §9; 1977 c.494 §1; renumbered 455.030 in 1987]
456.787 [1979
c.838 §2; renumbered 455.635 in 1987]
456.790 [1973
c.834 §10; renumbered 455.100 in 1987]
456.795 [1973
c.834 §11; repealed by 1987 c.414 §172]
456.800 [1973
c.834 §12; 1987 c.414 §30d; 1987 c.604 §10; renumbered 455.150 in 1987]
456.802 [1977
c.396 §1; renumbered 455.080 in 1987]
456.803 [1981
c.421 §2; renumbered 455.160 in 1987]
456.805 [1973
c.834 §13; renumbered 455.715 in 1987]
456.810 [1973
c.834 §14; 1981 c.343 §3; renumbered 455.720 in 1987]
456.815 [1973
c.834 §15; renumbered 455.725 in 1987]
456.820 [1973
c.834 §16; 1977 c.748 §2; renumbered 455.730 in 1987]
456.825 [1973
c.834 §18; renumbered 455.735 in 1987]
456.830 [1973
c.834 §17; repealed by 1977 c.283 §6]
456.835 [1973
c.834 §19; renumbered 455.740 in 1987]
456.837
[Formerly 446.337; renumbered 455.680 in 1987]
456.840 [1973
c.834 §20; renumbered 455.685 in 1987]
456.842 [1977
c.283 §2; renumbered 455.070 in 1987]
456.845 [1973
c.834 §21; renumbered 455.060 in 1987]
456.850 [1973
c.834 §22; renumbered 455.690 in 1987]
456.855 [1973
c.834 §23; renumbered 455.700 in 1987]
456.860 [1973
c.834 §25; 1977 c.283 §4; renumbered 455.220 in 1987]
456.865 [1973
c.834 §26; repealed by 1977 c.283 §6]
456.870 [1973
c.834 §27; repealed by 1977 c.283 §6]
456.875 [1973
c.834 §28; renumbered 455.675 in 1987]
456.880 [1973
c.834 §29; renumbered 455.430 in 1987]
456.885 [1973
c.834 §24; 1975 c.418 §1; 1979 c.838 §6; subsection (1) renumbered 455.450 in
1987; subsection (2) renumbered 455.990 in 1987]
456.887 [1975
c.466 §24; renumbered 455.050 in 1987]
456.890 [1973
c.834 §38; 1975 c.721 §11; 1983 c.676 §30; renumbered 455.230 in 1987]
456.910 [1974
s.s. c.24 §2; renumbered 455.240 in 1987]
456.915
[Formerly 456.753; renumbered 455.310 in 1987]
456.917
[Formerly 456.758; renumbered 455.315 in 1987]
456.920 [1979
c.838 §3; renumbered 455.320 in 1987]
456.925 [1979
c.860 §2; renumbered 455.325 in 1987]
456.930 [1979
c.860 §3; renumbered 455.330 in 1987]
456.935 [1979
c.860 §4; renumbered 455.335 in 1987]
456.940 [1979
c.860 §5; renumbered 455.340 in 1987]
456.945 [1979
c.838 §6; 1979 c.860 §6; renumbered 455.345 in 1987]
456.950 [1979
c.838 §7; 1979 c.860 §7; renumbered 455.350 in 1987]
456.965
[Formerly 460.210; renumbered 455.640 in 1997]
456.970
[Formerly 460.220; renumbered 455.642 in 1997]
456.975
[Formerly 460.230; renumbered 455.645 in 1997]
_______________