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HOUSING AND COMMUNITY SERVICES DEPARTMENT
HOUSING AND COMMUNITY SERVICES DEPARTMENT
DIVISION 5
GENERAL RULES
813-005-0001
General Purpose
OAR chapter 813, division 005, is promulgated to accomplish the general purpose of describing common terms and procedures with respect to the administration of the Housing and Community Services Department of its statutory duties.
Stat. Auth.: ORS 90.630, 90.771 - 90.775, 90.800 - 90.840, 183, 315.271, 317.097, 446.525 - 446.543, 456.515 - 456.725, 458.210 - 458.365, 458.405 - 458.460, 458.505 - 458.740, 566.310 - 566.350 & 757.612 - 757.617
Stats. Implemented: ORS 90.630, 90.771 - 90.775, 90.800 - 90.840, 183, 315.271, 317.097, 446.525 - 446.543, 456.515 - 456.725, 458.210 - 458.365, 458.405 - 458.460, 458.505 - 458.740, 566.310 - 566.350 & 757.612 - 757.617
Hist.: OHCS 1-2005(Temp), f. & cert. ef. 8-4-05 thru 1-31-06; OHCS 3-2006, f. & cert. ef. 1-31-06
813-005-0005
Definitions
(1) All Terms used in OAR chapter 813 have the meanings given them in the Act, in this section or otherwise in OAR chapter 813 unless the context indicates to the contrary. Undefined terms are intended to be read consistently with their normal usage unless the context indicates otherwise:
(2) Pursuant to ORS 456.555(5)(b) the Housing and Community Services Department by administrative rule, must identify and distinguish between housing programs and community services programs. Any program administered by the Department that is not listed in this subsection or otherwise defined in statute or in this chapter as a housing program is a "community service program." Accordingly, the following programs administered by the department are housing programs:
(a) Multi-Unit Housing Program (OAR 813-010);
(b) Rental Housing Program (OAR 813-012);
(c) Oregon Rural Rehabilitation Program (OAR 813-015);
(d) Single-Family Mortgage Program (OAR 813-020);
(e) Elderly Housing Program (OAR 813-030);
(f) Pass-Through Revenue Bond Financing (OAR 813-035);
(g) Pre-Development Program (OAR 813-038);
(h) Farmworker Housing Development Account (OAR 813-039);
(i) Seed Money Advance Program (OAR 813-040);
(j) Farmworker Houisng Tax Credit Program (OAR 813-041);
(k) Housing Development Program (OAR 813-042);
(l) Housing Loan Guarantee (OAR 813-043);
(m) Homeownership Assistance (OAR 813-044);
(n) Housing Development Account Program (813-045);
(o) Emergency Housing Program (OAR 813-046);
(p) Housing Revitalization Program (OAR 813-048);
(q) Disabled Housing Program (OAR 813-060);
(r) Home Improvement Loan Program (OAR 813-070);
(s) Mortgage Credit Certificate Program (OAR 813-080);
(t) Low-Income Housing Tax Credit (OAR 813-090);
(u) Oregon Lender's Tax Credit: Low-Income Housing Project Certification (OAR 813-110);
(v) Home Investment Partnerships (OAR 813-120);
(w) HELP Program (OAR 813-130);
(x) Incentive Fund (OAR 813-140);
(y) Subsidized Development Visitability Program (OAR 813-310);
(z) General Guarantee Program (OAR 813-350).
(3) Pursuant to ORS 456.555(9), the Housing and Community Services Department is to establish from time to time, by Administrative Rule, the threshold property purchase price at which a single-family home ownership loan on property must be submitted by the Department to the State Housing Council for approval or disapproval. Presently, the threshold property purchase price for single-family home ownership that obligates the Department to obtain State Housing Council review and approval of a proposed single-family loan is that purchase price which, when reduced by costs of purchase other than the Department loan, is equal to or greater than $190,000.
(4) "Acquisition Loan" means a Loan for the purpose of financing the purchase of an existing Project.
(5) "Act" means ORS 456.515 through 456.725 and, given the context, also may include 458.005 through 458.740, 90.800 through 90.840, and 91.886.
(6) "Approved Lender" means any person authorized to engage in the business of making loans of the general character of Program Loans, who meets the qualifications for an Approved Lender set forth in the applicable Program rules and who contracts with the Department to make Program Loans.
(7) "Approved Servicer" means any person authorized to engage in the business of servicing loans of the general character of Program Loans, who meets the qualifications for an Approved Servicer set forth in the applicable Program rules and who contracts with the Department to service Program Loans.
(8) "Bond" means any bond, note or other evidence of indebtedness issued to obtain funds to provide financing for a Program of the Department as provided in the Act or as further defined by statute.
(9) "Borrower" means an Eligible Borrower who has received a Program Loan.
(10) "Break-Even Occupancy" means the point in time when a Project's monthly rental income meets its monthly operating expenses and debt service.
(11) "Commitment" means the written conditional obligation of the Department to make, purchase, service or sell a Program Loan.
(12) "Community Service Programs" are defined in subsection (2) of this section.
(13) "Contingency Escrow Account" means an account not to exceed 3% of the initial principal amount of the Program Loan, established by the Sponsor in the form of a savings account, time certificate of deposit, or irrevocable letter of credit assigned to the Department.
(14) "Cooperative" is a consumer housing entity formed according to the provisions of ORS Chapter 62, as amended.
(15) "Department" means the Housing and Community Services Department of the State of Oregon established pursuant to ORS 456.555 originally enacted by Enrolled House Bill 3377, Chapter 739, Oregon Laws 1991.
(16) "Director" means the chief administrative officer of the Housing and Community Services Department established pursuant to ORS 456.555(3).
(17) "Elderly Household" means a household residing in the State of Oregon whose head is over the age of 58.
(18) "Eligible Borrower" means a person who satisfies the criteria to receive a Program Loan as set forth in the applicable Program rules, statutesor Department orders.
(19) "Escrow Payments" means the monthly payments made by the Sponsor or Borrower and placed in an escrow reserve account for the payment of property taxes, insurance premiums and reserve for replacements and other identified costs as required by the Department in accordance with the Program Loan.
(20) "Housing Council" or "State Housing Council" means that seven-member body established by ORS 456.567 which, with the advice of the Director, develops policies and approves or disapproves Department rules with respect to housing programs.
(21) "Housing Programs" are defined in subsection (2) of this section.
(22) "Lending Department" means a commercial bank, savings and loan association, savings bank, mortgage banker Federal Housing Adminis-tration, Farmers Home Administration or other department which provides permanent or construction mortgage loans.
(23) "Loan Agreement" means a written agreement, typically executed at Loan Closing, between the Department and a Sponsor establishing the terms of any Department Loan.
(24) "Loan Closing" means the disbursement by the Department of the Program Loan proceeds after recording of the Loan Documents.
(25) "Loan Documents" means the written agreements by and between the Sponsor and the Department or in favor of the Department, typically executed at Loan Closing, and generally including, but not necessarily limited to the Promissory Note, the Loan Agreement, the Trust Deed and the Regulatory Agreement.
(26) "Mobile Home Park" means a Project consisting of individual lots and mobile homes located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, and which complies with all ordinances, plans and codes in the area.
(27) "Operating Agreement and Declaration of Restrictive Covenants and Equitable Servitudes" or "Operating Agreement" means a written agreement typically executed at Loan Closing between the Department and the Sponsor of a Project under the Department's Pass-Through Revenue Bond Program and regulating the use of revenues and operation of the Project, particularly with respect to tenant income and unit rent compliance by the Sponsor.
(28) "Person" means any natural or legal person.
(29) "Procedural Guide" means a manual of written procedures adopted by the Department to carry out a Program.
(30) "Program" means a statutorily authorized plan or order of business conducted by the Department.
(31) "Program Loan" means a loan made pursuant to a Program of the Department.
(32) "Qualified Insurer" means the Federal Housing Administration, the Veterans' Administration, or any other person who is authorized to insure or guarantee payment of loans and who is approved by the Department.
(33) "Regulatory Agreement and Declaration of Restrictive Covenants and Equitable Servitudes" or "Regulatory Agreement" means a written agreement typically executed at Loan Closing between the Department and a Sponsor regulating the use of revenues and operation of the Project for which a Department Loan is issued, particularly pertinent with respect to compliance by the Sponsor with maintaining the status of any involved bond issue.
(34) "Rent-Up Reserve Account" means an account set up by the Sponsor and under the control of the Department to assure sufficient funds to pay operating expenses and debt service of the Project before Break-Even Occupancy.
(35) "Replacement Cost Reserve Account" means an account established to aid in extraordinary maintenance, repair and replacement of capital items of a Project.
(36) "Seed Money Advance" means an advance given to a Qualified Housing Sponsor to pay Preconstruction Costs.
(37) "Single-Family Residence" means a housing unit intended and used for occupancy by one household and the property on which it is located. This shall be real property located in the State of Oregon. A Single-Family Residence may include a single-family residence, condominium unit, a dwelling in a Planned Unit Development (PUD), or a mobile or manufactured home which has a minimum of 400 square feet of living space and a minimum width in excess of 102 inches and is of a kind customarily used at a fixed location.
(38) "Sponsor" means any Person meeting the legal, financial, credit and other qualifications to be the borrower on a Department Loan and to own and operate a Project as set forth in the applicable Program rules, statutes and Department orders.
(39) "Targeted Area" means an area in the state designated by the Department in compliance with the requirements of Section 143(j) of the Internal Revenue Code of 1986, as amended, and approved by the United States Departments of Treasury and Housing and Urban Development.
(40) "Trustee" means the State Treasurer or, with the approval of the Department, a private financial institution in Oregon acting pursuant to an indenture of trust or other appropriate instrument.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 90.630, 90.771 - 90.775, 90.800 - 90.840, 183, 315.271, 317.097, 446.525 - 446.543, 456.515 - 456.725, 458.210 - 458.365, 458.405 - 458.460, 458.505 - 458.740, 566.310 - 566.350 & 757.612 - 757.617
Stats. Implemented: ORS 456.515 - 456.720
Hist.: 1HD 7-1984, f. & ef. 9-4-84; HSG 1-1987(Temp), f. & ef. 2-5-87; HSG 5-1987, f. & ef. 3-10-87; Renumbered from 813-001-0006; HSG 3-1989(Temp), f. & cert. ef. 6-8-89; HSG 5-1989, f. & cert. ef. 11-3-89; HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91; OHCS 1-2005(Temp), f. & cert. ef. 8-4-05 thru 1-31-06; OHCS 3-2006, f. & cert. ef. 1-31-06
813-005-0016
Waiver
The Director may waive or modify any requiremens of OAR 813, division 005, unless such waiver or modification would violate applicable federal or state statutes or regulations.
Stat. Auth.: ORS 91.886, 183 & 456.555
Stats. Implemented: ORS 90.800 - 90.840, 91.886, 456.515, 456.725 & 458.005 - 458.740
Hist.: OHCS 1-2005(Temp), f. & cert. ef. 8-4-05 thru 1-31-06; OHCS 3-2006, f. & cert. ef. 1-31-06
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