Or. Admin. R. 813-110-0020

Current through Register Vol. 63, No. 8, August 1, 2024

Section 813-110-0020 - [Effective until 11/26/2024] Application Review

(1)

(a) Applications for a reservation of OAHTC, or for an OAHTC certification of award if conditions are met as required under OAR 813-110-0020, are subject to OHCS review:

(b) Any resulting reservation or certification of award may include modifications to the application and may be rescinded if conditions are not satisfied.

(c) OHCS will not issue a reservation of OAHTC program tax credits to an applicant who has not identified a qualified lender who has provided a Letter of Intent to the applicant.

(2) When a reservation or certification of award is made through a solicitation process, the reservation or certification of award will be subject to conditions identified in the solicitation documents that may differ from or supplement OAR 813-110-0030.

(3) When a reservation or certification of award is made outside of a solicitation process, OHCS may specify additional conditions that may differ from or supplement OAR 813-110-0030.

(4) Criteria that OHCS may apply in considering an application include but are not limited to the following:

(a) The experience of the sponsoring entity, property management agent and other involved person in providing low-income housing;

(b) Estimated rents that would have to be charged or the purchase price that would be required in order to make the project financially feasible, for the type and location of housing to be provided;

(c) The dollar amount of estimated savings from the reduction in rents from the estimated rents under paragraph (b) of this subsection, or the reduction in purchase price, owing to the OAHTC subsidy;

(d) The estimated rent, housing payment reduction, affordable or purchase price reduction under paragraph (c) of this subsection;

(e) How long the OAHTC program tax credits are needed to meet the sponsoring entity's goals of long-term safe, sanitary and affordable housing;

(f) Except for projects falling under OAR 813-110-0013 (2), (3), and (4), the sponsoring entity's statement that the proposed rent reduction or housing payment reduction will be maintained for or offered to households whose annual incomes are 80 percent or less of area median income;

(g) Restrictive covenants that provide for, but are not limited to, appropriate habitability, income and rent restrictions;

(h) The target population to be served;

(i) The need for such affordable housing in the area to be served;

(j) Consistency with the comprehensive housing plan for the state or community;

(k) The location of the project site, including its proximity to transportation, shopping, social, commercial and recreational facilities, medical services and such other facilities and services that best serve the residents;

(l) Availability of street, sewer, water, utilities and other public services;

(m) Architectural design, including aesthetic quality, soundness of construction, energy efficiency, and suitability to the needs of the residents to be served;

(n) Compliance with applicable local comprehensive plan and land use regulations, housing codes and other applicable standards;

(o) The experience of the developer, contractors, architects, consultants, and management agents in developing, constructing, and operating housing projects; and

(p) OHCS's experience with and the reputation, experience and capacity of the sponsoring entity, project owner and developer and their representatives, employees, and contractors.

(5) Applications are subject to review by OHCS under this rule according to a process that may include, but need not be limited to an invitation only, a first-come first-reviewed or a competitive review process.

(6) The amount of a reservation or certification of award made pursuant to an application under this division, together with the total outstanding OAHTC program tax credits, may not exceed the maximum allowable amount of OAHTC program tax credits for a project established under program requirements including, but not limited to those established in ORS 317.097(8).

Or. Admin. R. 813-110-0020

HSG 1-1990(Temp), f. & cert. ef. 1-5-90; HSG 3-1990(Temp), f. & cert. ef. 3-1-90; HSG 9-1990, f. & cert. ef. 5-11-90; HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 6-1991(Temp), f. & cert. ef. 11-5-91; HSG 3-1992, f. & cert. ef. 2-4-92; HSG 7-1994, f. & cert. ef. 9-9-94; HSG 2-1995, f. & cert. ef. 9-25-95; OHCS 7-2006, f. & cert. ef. 5-17-06; OHCS 14-2007(Temp), f. & cert. ef. 10-16-07 thru 4-12-08; OHCS 5-2008, f. & cert. ef. 4-11-08; OHCS 9-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13; OHCS 22-2013, f. & cert. ef. 12-18-13; OHCS 36-2014, f. & cert. ef. 12/2/2014; OHCS 21-2022, amend filed 08/30/2022, effective 9/9/2022; OHCS 20-2024, temporary amend filed 05/31/2024, effective 5/31/2024 through 11/26/2024

Statutory/Other Authority: ORS 317.097 & ORS 456.515-456.725

Statutes/Other Implemented: ORS 317.097