Or. Admin. Code § 813-115-0010

Current through Register Vol. 63, No. 11, November 1, 2024

Section 813-115-0010 - Definitions

Terms used throughout this division (OAR 813-115) may be defined in Oregon Revised Statute (ORS 456.250) or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions, except as defined below:

(1) "Affordable rental housing" means dwelling units that are rented with or without government assistance to households that earn 80 percent or less of area median income as determined by OHCS using United States Department of Housing and Urban Development informatoni or that otherwise meet the definitiion of publicly supported housing found in ORS 456.250(6).

(2) "Designee" means a person or entity, appointed by OHCS through a written agreement, who acts as a qualified purchaser of the participating property on OHCS' behalf, except they are not a party to a notice of right of first refusal executed by OHCS under ORS 456.262.

(3) "Property" as used within the definition of "participating property" in ORS 456.250(4) means a multifamily rental housing development, which includes one or more buildings, may have an associated common area, and may be located on a consolidated or scattered site.

(4) "Publicly supported housing contract preservation" means an extension of the term of affordability affecting the participating property as of the contract termination date as approved by the United States Department of Housing and Urban Development, or the United States Department of Agriculture Rural Development, or OHCS through:

(a) an extension of the term of affordability in the contract beyond the termination date, except as extended by OHCS under ORS 456.259; or

(b) a new contract with the same level of affordability restrictions for a minimum term of affordability for an additional 20 years; or

(c) a new contract with a different level of affordability restrictions for a minimum term of affordability for an additional 20 years; or

(d) Approval of a transfer of budget authority of a Section 8 project based contract, under Section 8(bb) of the United States Housing Act of 1937 (42 U.S.C. 1437f(bb), to a recipient property or properties in Oregon.

(5) "Safe harbor" means residential tenancies that existed on the termination date of a contract with OHCS, and beginning on the termination date and lasting for a period of three years, the owner or landlord of formerly publicly supported housing:

(a) May not terminate the tenancy under ORS 90.727(3)(b), (4)(b) or (5).

(b) May not provide a rent increase notice more than once in a calendar year.

(c) Shall comply with ORS 90.323 and with requirements adopted by OHCS and applicable to affordable rental housing managed by OHCS that govern rent increases, including requirements related to rent increase limits, required notices or approval or review by OHCS.

Or. Admin. Code § 813-115-0010

OHCS 12-2018, adopt filed 09/04/2018, effective 9/4/2018; OHCS 6-2020, temporary amend filed 03/25/2020, effective 03/25/2020 through 09/20/2020; OHCS 10-2020, amend filed 05/21/2020, effective 5/21/2020; OHCS 20-2022, amend filed 08/16/2022, effective 8/18/2022; OHCS 1-2024, amend filed 01/05/2024, effective 1/5/2024

Statutory/Other Authority: ORS 456.258

Statutes/Other Implemented: ORS 456.250-456.265