Or. Admin. Code § 813-138-0005

Current through Register Vol. 63, No. 12, December 1, 2024

Section 813-138-0005 - Definitions

Terms used in OAR chapter 813, division 138 are defined in Oregon Revised Statute (ORS) or in OAR 813-005-0005 and herein. As used in these rules:

(1) "Applicant" means a person or entity that applies for an allocation of PSH resources from the Department by completing an application provided by the Department.

(2) "Comprehensive Tenancy Support Services" means on-site services provided to Project residents that facilitate housing access, housing retention, and increased wellness and stability. Residents to service staff ratios must meet PSH Program requirements. Baseline services should include:

(a) Assistance with removing housing barriers;

(b) Developing individualized housing support plans with residents that are reviewed and updated annually;

(c) Early identification and intervention for behaviors that may jeopardize housing;

(d) Educating residents on the role, rights, and responsibilities of the resident and landlord, along with support in landlord communication and lease navigation;

(e) Services navigation and linkages to community resources;

(f) Access to culturally responsive and specific services.

(3) "Continuum of Care" means a regional or local planning body that coordinates housing and services funding for families and individuals experiencing homelessness. The group organized to carry out the responsibilities required under 24 CFR part 578 and is composed of representatives of organizations, including nonprofit homeless service providers, victim service providers, faith-based organizations, governments, businesses, advocates, public housing agencies, school districts, social service providers, mental health agencies, hospitals, universities, affordable housing developers, law enforcement, organizations that serve homeless and formerly homeless veterans, and homeless and formally homeless individuals to the extent these groups are represented within the geographic area and are available to participate.

(4) "Coordinated Entry" means a centralized or coordinated process developed to ensure that all people experiencing a housing crisis have fair and equal access and are quickly identified, assessed for, referred to, and connected to housing and assistance based on the person's strengths and needs, operated by a region's Continuum of Care.

(5) "Chronically Homeless Households" means households identified as chronically homeless by a Project's local Continuum of Care. If no definition exists, "chronically homeless households" means:

(a) an individual who:

(A) is homeless and lives in a place not meant for human habitation, a safe haven, or in an emergency shelter;

(B) has been homeless and living or residing in a place not meant for human habitation, a safe haven, or in an emergency shelter continuously for at least one year or on at least four separate occasions in the last three years; and

(C) can be diagnosed with one or more of the following conditions: substance use disorder, serious mental illness, developmental disability (as defined in section 102 of the Developmental Disabilities Assistance Bill of Rights Act of 2000 (42 USC § 15002)), post-traumatic stress disorder, cognitive impairments resulting from brain injury, or chronic physical illness or disability;

(b) an individual who has been residing in an institutional care facility, including a jail, substance abuse or mental health treatment facility, hospital, or other similar facility, for fewer than 90 days and met all of the criteria in paragraph (a) of this definition, before entering that facility; or

(c) a family with an adult head of household, or if there is no adult in the family, a minor head of household, who meets all of the criteria in paragraph (a) of this definition, including a family whose composition has fluctuated while the head of household has been homeless.

(6) "Operated" means to have sufficient direct or indirect control of the Qualified Property that reasonably enables the Department, in its determination, to ensure the Qualified Property's use for the purpose of providing affordable housing under the PSH Program.

(7) "Owned" means to possess one or more interests in a Qualified Property that reasonably enables the Department, in its determination, to ensure the Qualified Property's use for the purpose of providing affordable housing under the PSH Program.

(8) "Permanent Supportive Housing" or "PSH" project means a housing or program type that combines a leased unit with Rental Assistance and Comprehensive Tenancy Support Services for persons experiencing chronic homelessness so that they may live independently.

(9) "Permanent Supportive Housing Frameworks" or "PSH Frameworks" or "Frameworks" means the most recent PSH services program guidelines dated for the Permanent Supportive Housing Program as described in OAR chapter 813. The frameworks may be accessed online at the Department's website.

(10) "Project" means a qualified permanent supportive housing development with rental units specifically set aside for the occupancy of a chronically homeless family or individual as approved by the Department. A Project may include one or more buildings and any associated common area and may be located on scattered sites.

(11) "Qualified Property" means real or personal property, including infrastructure and indebtedness related to the real or personal property.

(12) "Rental Assistance" means a rental subsidy that provides the difference between the monthly rental rate and the tenant's contribution, with contribution rates defined in the Rental Assistance resource.

(13) "Residents" means an approved occupant within a PSH Program.

Or. Admin. Code § 813-138-0005

OHCS 6-2023, adopt filed 04/10/2023, effective 4/12/2023; OHCS 16-2024, temporary amend filed 05/29/2024, effective 5/29/2024 through 11/24/2024; OHCS 26-2024, amend filed 08/27/2024, effective 9/2/2024

Statutory/Other Authority: ORS 456.612, ORS 456.620 & ORS 456.625

Statutes/Other Implemented: SB 5505 (2021), SB 5506 (2021), HB 5005 & HB 5050 (Section 26)