Or. Admin. Code § 813-038-0010

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

Section 813-038-0010 - [Effective until 1/27/2025] Definitions

All words and terms used in OAR chapter 813, division 038, except as the context specifically requires, are defined in ORS 456.515 to 456.725, in 813-005-0005, or herein. As used in these rules, the following words and terms have the following meaning unless the context clearly indicates otherwise:

(1) "Application" means a Loan request provided by the Eligible Borrower to the Department in a form and format as prescribed by the Department and modified from time to time reflecting current Program criteria.

(2) "Commitment Letter" or "Commitment" means the written conditional obligation of the Department to provide a Loan issued to the Borrower after the Department has received, reviewed and determined to approve a Loan request. The Department has no obligation to approve. The Commitment Letter may be for an amount different than the applicant request, and may include, but is not necessarily limited to stating the approved loan amount, interest rate, costs of borrowing, repayment terms, performance criteria, monthly reporting requirements and other conditions of the Loan.

(3) Communities of Color: identity-based communities that hold a primary racial identity that describes shared racial characteristics among community members. The term aims to define a characteristic of the community that its members share (such as being African American) that supports self-definition by community members, and that typically denotes a shared history and current/historic experiences of racism. An older term for Communities of Color is that of "minority communities" which is increasingly inaccurate given that people of color are majority identities on a global level. That term has also been rejected for its potential to infer any inferior characteristics. The community may or may not also be a geographic community. Given that race is a socially defined construct, the definitions of these communities are dynamic and evolve across time. The Coalition of Communities of Color defines Communities of Color to include Native Americans, Latinos, Asian and Pacific Islanders (further disaggregated according to local preferences), African Americans, African Immigrants and Refugees, Middle Eastern, and Slavic communities.

(4) Culturally Specific Organization (CSO): an entity that provides services to a cultural community and the entity has the following characteristics:

(a) Majority of members and/or clients must be from a particular Community of Color;

(b) Organizational environment is culturally focused and the community being served recognizes it as a culturally-specific entity that provides culturally and linguistically responsive services;

(c) Majority of staff must be from the community being served, and the majority of the leadership (defined to collectively include board members and management positions) must be from the community being served;

(d) The entity has a track record of successful community engagement and involvement with the community being served; and

(e) The community being served recognizes the entity as advancing the best interests of the community and engaging in policy advocacy on behalf of the community being served.

(5) "Eligible Borrower" or "Borrower" means a non-profit, housing authority or tribal entity who satisfies the legal, financial, and other criteria of the Department for receipt of a Loan and who has or will make a Loan request that will qualify for approval by the Department.

(6) "Eligible Predevelopment Costs" means costs associated with predevelopment activities as allowable by the Department.

(7) "Eligible Project" means the new construction of affordable multi-family rental housing with a minimum of five (5) units that comply with Program requirements as determined by the Department.

(8) "Funds" means the financial resources the Department makes available for predevelopment activities through this Predevelopment Loan Program.

(9) "Predevelopment Loan" or "Loan" means a loan made by the Department to a Eligible Borrower in order to finance Eligible Predevelopment Costs for an Eligible Project.

(10) Rural Communities: The OHCS Rural - Urban definition first evaluates housing density by census tract. Those tracts with 640 or more housing units per square mile are tentatively considered urban, below 640 housing units is rural. Next, OHCS uses the National Center for Health Statistics County Schema to better understand what the economic and geographic environment (probably a better word for this) the tract is part of. About 3.5% or 35 of 1,002 tracts were affected by the county code matrix. Rural tracts in an urban core county (e.g. Multnomah) shift to urban, urban tracts in rural or noncore counties flip to rural (e.g. downtown Klamath Falls).

(11) Small Organization: An organization is defined as "small" for the PFLP if its average annual budget is less than $5,000,000 over the last 3 years, as confirmed by audited financial statements, form 990s, or any other method of confirmation approved by OHCS staff.

(12) Tribe or Tribal: A federally recognized Native American Tribe or Indian Tribe in Oregon, as defined in ORS 182.162, or related to the same.

(13) Tribal-led Project: A Project that is sponsored by a Tribe, a Tribally Designated Housing Entity, or an organization owned by a Tribe.

Or. Admin. Code § 813-038-0010

OHCS 12-2007, f. & cert. ef. 5-10-07; OHCS 24-2024, temporary amend filed 07/31/2024, effective 8/1/2024 through 1/27/2025

Statutory/Other Authority: ORS Ch. 183, 456.555(2) & 456.625(12)

Statutes/Other Implemented: ORS 456.561, 456.574, 456.620 & 456.625