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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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HOUSING AND COMMUNITY SERVICES DEPARTMENT

 

DIVISION 9

MOBILE HOME PARK PURCHASE PROGRAM

813-009-0001

Purpose and Objective

OAR chapter 813, division 009, is promulgated to accomplish the general purpose of ORS 90.800 through 90.840 and 456.579 to 456.581, which authorize the Housing and Community Services Department to provide certain assistance to qualified tenants' associations, tenants' association supported nonprofit organizations, and Facility Purchase Associations in purchasing their Manufactured Dwelling Park. The Manufactured Dwelling Park Purchase Program, established by these rules, is designed to assist Manufactured Dwelling Park residents in gaining control, through joint ownership of their Park, over rising rents and thereby avoid a declining quality of living.

Stat. Auth.: ORS 90.800-90.840, 90.630, 183, 446, 456.515-456.723 & 458.210-458.650
Stats. Implemented: ORS 456.579-456.581
Hist.: HSG 15-1990, f. & cert. ef. 12-4-90; HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91; OHCS 4-2006(Temp), f. & cert. ef. 2-10-06 thru 8-8-06; Administrative correction 8-23-06; OHCS 16-2006, f. & cert. ef. 8-28-06

813-009-0005

Definitions

The meanings of words and terms used in OAR chapter 813, division 009, are consistent with definitions in the Act, in 813-009-0005 and below. As used in chapter 813, division 009, unless the context indicates otherwise:

(1) "Act" means ORS 456.515 through 456.725, and, where applicable, ORS 90.800 through 90.840.

(2) "Facility Purchase Association" means a group of three or more tenants who reside in a Manufactured Dwelling Park and have organized for the purpose of the eventual purchase of the Park.

(3) "Initial Costs" means costs incurred in the purchase of the Park by the residents. Such costs may include, but are not limited to:

(a) Legal fees;

(b) Appraisal fees;

(c) Engineering fees;

(d) Professional fees associated with Park evaluation and management; and

(e) Other costs or fees approved by the Department.

(4) "Manufactured Dwelling Park" or "Park" means a facility for the location and use of manufactured housing, as the term "manufactured housing" is used in ORS 456.615, whether the facility is characterized as a "Mobile Home Park" or a "Manufactured Dwelling Park".

(5) "Manufactured Dwelling Park Purchase Program" or "Program" means the process by which the Department makes discretionary loans from the Park Purchase Account pursuant to the Act and these rules.

(6) "Park Purchase Account" means the Mobile Home Parks Purchase Account established under ORS 456.579 for the purpose of providing technical assistance related to, and loans to pay Initial Costs for, purchasing Manufactured Dwelling Parks.

(7) "Qualified Facility Purchase Association" means a Facility Purchase Association that:

(a) Is established pursuant to ORS 90.815;

(b) Includes more than 50 percent of the tenants residing in the Park; and

(c) Demonstrates, to the satisfaction of the Department, that the Park purchase by the association is econmically feasible.

Stat. Auth.: ORS 90.800-90.840, 90.630, 183 & 446, 456.515-456.723 & 458.210-458.650
Stats. Implemented: ORS 456.579-456.581
Hist.: HSG 15-1990, f. & cert. ef. 12-4-90; HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91; OHCS 4-2006(Temp), f. & cert. ef. 2-10-06 thru 8-8-06; Administrative correction 8-23-06; OHCS 16-2006, f. & cert. ef. 8-28-06

813-009-0010

Application Procedure and Requirements

(1) A Qualified Facility Purchase Association, a tenants' association, or a tenants' association supported nonprofit organization, may submit to the Department an application for a loan for Initial Costs for purchasing the Manufactured Dwelling Park in which its members reside.

(2) The Department may loan funds from the Park Purchase Account to such qualifying entities to cover Initial Costs in the purchase of a Manufactured Dwelling Park subject to factors including, but not limited to:

(a) Loan limitations established from time to time by the Department;

(b) Feasibility considerations made by the Department with respect to the proposed purchase;

(c) Competing requests for Park Purchase Account funds; and

(d) A maximum aggregate loan limit of $100,000 to any such entity. Furthermore, the Department may from time to time elect to restrict or reduce the availability of Park Purchase Account funds for Program loans in order to conserve such funds in any manner that it seems prudent.

(3) All applications for assistance from the Park Purchase Account will be in writing, delivered to the Department, and will contain at a minimum the following information:

(a) A copy of the relevant articles of incorporation for the applicant;

(b) The name, address, and telephone number of all officers of the applicant;

(c) Documentation satisfactory to the Department that any applicant of theQualified Facility Purchase Association represents at least fifty percent of all facility residents; and

(d) A detailed projection, satisfactory to the Department, of anticipated expenditures related to the proposed purchase of the facility.

Stat. Auth.: ORS 90.800-90.840, 90.630, 183, 446, 456.515-456.723 & 458.210-458.650
Stats. Implemented: ORS 456.579-456.581
Hist.: HSG 15-1990, f. & cert. ef. 12-4-90; HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91; OHCS 4-2006(Temp), f. & cert. ef. 2-10-06 thru 8-8-06; Administrative correction 8-23-06; OHCS 16-2006, f. & cert. ef. 8-28-06

813-009-0015

Application Review

(1) The Department will reasonably act to acknowledge receipt of the application and to request any additional information concerning the application within 30 calendar days of its receipt of the application.

(2) The Department will reasonably act to advise the applicant in writing of the action taken by the Department with respect to the application within 60 calendar days of the Department's receipt of the application and any additional information requested by the Department.

(3) In reviewing an application for a loan, the Department may consider factors including, but not limited to the following:

(a) Factors related to the availability of Park Purchase Account funds and the timing or amount of any loan as referenced in OAR 813-009-0010;

(b) The accuracy and responsiveness of the application;

(c) The validity and organizational integrity of the applying entity;

(d) Whether or not the applying entity is a Qualified Facility Purchase Association and, if so, the percentage of residents in the Park that it represents.

(e) The availability of other sources of funds or assistance for the purchase of the Park and associated costs. Preference in the evaluation of applications may be given by the Department to Qualified Facility Purchase Associations and, among such associations, to those with the higher level of resident representation.

Stat. Auth.: ORS 90.800-90.840, 90.630, 183, 446, 456.515-456.723 & 458.210-458.650
Stats. Implemented: ORS 456.579-456.581
Hist.: HSG 15-1990, f. & cert. ef. 12-4-90; HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91; OHCS 4-2006(Temp), f. & cert. ef. 2-10-06 thru 8-8-06; Administrative correction 8-23-06; OHCS 16-2006, f. & cert. ef. 8-28-06

813-009-0020

Type of Loan Assistance

(1) The Department will confirm in writing to an applicant the amount of assistance, if any, to be provided from the Park Purchase Account. Any assistance will be in the form of a loan made pursuant to a controlling written instrument.

(2) The Department will establish the terms of the loan, including (without limitation) its duration, interest rate and repayment schedule at or prior to its issuance. Without the written approval of the Director, the following loan limitations will apply:

(a) The initial duration of the loan shall not exceed three years;

(b) The initial interest rate on the loan shall not exceed the short-term money-market rate at the time of loan funding; and

(c) The loan installment payment due dates shall not be less than every three months.

(3) Successful applicants will submit vouchers, billings or paid receipts for Initial Costs to the Department, in form and content satisfactory to the Department, for the Department's approval, prior to loan funds disbursement. Approval will be at the sole discretion of the Department. Upon approval by the Department, proceeds of the loan will be disbursed to vendors and/or to the successful applicant as determined by the Department.

(4) In addition to any other rights or remedies available under law, the Department may revoke any approval of the use of Park Purchase Account Funds, terminate all or part of any loan, accelerate all or part of the balance due on any loan and require immediate repayment of any or all of the funds advanced pursuant to a loan if any of the terms or conditions of the loan are not timely and completely satisfied.

Stat. Auth.: ORS 90.800-90.840, 90.630, 183 & 446. 456.515-456.723 & 458.210-458.650
Stats. Implemented: ORS 456.579-456.581
Hist.: HSG 15-1990, f. & cert. ef. 12-4-90; HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & 12-23-91; OHCS 4-2006(Temp), f. & cert. ef. 2-10-06 thru 8-8-06; Administrative correction 8-23-06; OHCS 16-2006, f. & cert. ef. 8-28-06

813-009-0035

Waiver

The Director, with the concurrence of the Council, may waive or modify any requirements of OAR 813, division 009, unless such waiver or modification would violate applicable state or federal law.

Stat. Auth.: ORS 90.800-90.840, 90.630, 813, 446, 456.515-456.723 & 458.210-458.650
Stats. Implemented: ORS 456.579-456.581
Hist.: OHCS 16-2006, f. & cert. ef. 8-28-06

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