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HOUSING AND COMMUNITY SERVICES DEPARTMENT

 

DIVISION 12

RENTAL HOUSING PROGRAM

813-012-0010

Purpose and Objectives

The rules of OAR chapter 813, division 12, is promulgated to carry out the provisions of ORS 456.515 through 456.720, and specifically ORS 456.550 through 456.720, as they pertain to the administration by the Housing and Community Services Department (Department) of the Rental Housing Program. These rules and the related determinations and order of the Department constitute the Department's Rental Housing Program. The purpose of the program is to provide funds to finance the construction, rehabilitation and/or acquisition of multi-unit rental housing for persons of lower income in the State of Oregon, while providing sufficient safeguards to protect the financial interests of the state.

Stat. Auth.: ORS 90.800 - 90.840, 90.630, 183, 456.515 - 456.723 & 458.210 - 458.650
Stats. Implemented: ORS 456.625
Hist.: HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91; OHCS 4-2007, f. & cert. ef. 1-11-07

813-012-0020

Definitions

(1) All terms are used in OAR chapter 813, division 012, as defined in the Act, and as provided in 813-005-0005 and herein.

(2) As used in OAR chapter 813, division 012, unless the context indicates otherwise:

(a) "Code" means the Internal Revenue Code of 1986, as amended.

(b) "HUD" means U.S. Department of Housing and Urban Development.

(c) "Rental Housing Project" or "Project" means a structure or facility described in OAR 813-012-0030.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 90.800 - 90.840, 90.630, 183, 456.515 - 456.723 & 458.210 - 458.650
Stats. Implemented: ORS 456.625
Hist.: HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91; OHCS 4-2007, f. & cert. ef. 1-11-07

813-012-0030

Eligible Rental Housing Projects

In order to qualify for a Program Loan, a Project shall:

(1) Be constructed and operated by the Borrower in accordance with the restrictions set forth in these rules, the Commitment and the Department's Rental Housing Program Loan Documents. The Program documents will require the Borrower to operate the Project so that all residents are persons of lower income pursuant to ORS 456.615, and so that the Project qualifies for tax-exempt financing under Section 103 of the Code;

(2) Be a structure or facility which provides five or more living units for lower income Persons or households, and may provide spaces for common use by the occupants in social, recreational and daycare activities:

(a) Projects may include, but are not limited to: disabled, elderly, congregate, and manufactured dwelling parks in which the manufactured dwellings are rental units;

(b) Projects do not include:

(A) Group care homes, nursing homes or hospitals;

(B) Structure primarily for recreational or social activities; and

(C) Single-family detached dwellings except as provided for in tax law.

(3) Be approved by the Department with respect to site; location; market demand; financial feasibility; qualifications of general contractor, management agent and developer; appraisal; financial strength and credit worthiness of the Eligible Borrower; management and resident support service plans; final architectural package; Eligible Borrower's organizational documents; title report; and any other information the Department shall prescribe;

(4) Comply with all applicable state and local land use and zoning requirements, housing codes, and similar requirements;

(5) Qualify for and receive insurance under HUD/FHA programs such as Risk Sharing, 221(d)(4) or 221(d)(3), or obtain other insurance or guarantees which are acceptable to the Department;

(6) Be located in the State of Oregon; and

(7) Qualify for tax-exempt financing under Section 103 of the Code.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 90.800 - 90.840, 90.630, 183, 456.515 - 456.723 & 458.210 - 458.650
Stats. Implemented: ORS 456.625
Hist.: HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91; OHCS 4-2007, f. & cert. ef. 1-11-07

813-012-0040

Resident Eligibility and Occupancy

(1) To be eligible to occupy a Project, a Person or household shall:

(a) Be a resident of the state;

(b) Have an annualized gross household income which does not exceed the limit established by the Department from time to time in compliance with the Act, and the limits of Section 142(d)(1) of the Code, if applicable.

(c) The project shall conform to the maximum income requirement of ORS 456.620(4). A maximum of one-third of the units in a housing project, housing development or other residential housing financed by the Department may be rented to households with an income level exceeding 120 percent of the median family income level, as determined by the Department.

(A) Relating specifically to acquisition/rehabilitation projects only, where tenants already reside in the project, the Department, at its sole discretion, may allow up to a one (1) year grace period for implementation of the standards identified in subsection (c) above in order to reduce the impact of displacement for over-income residents.

(2) No preference shall be given to any particular class or group in renting the residential units in the Project, except to the extent that residential units are required to be leased or rented to lower-income persons or households as outlined in this rule and as required to preserve the tax-exemption on Bonds issued to finance the Project. Rental of units shall not violate the Fair Housing provisions of the 1968 Civil Rights Act.

(3) Lower-income Persons or households residing in the Project shall have equal access and enjoyment to all common facilities of the Project.

(4) The Borrower shall accept as residents in compliance with Section 8 programs, lower-income Persons or households who are holders of certificates for federal housing assistance payments pursuant to Section 8 of the United States Housing Act of 1937 or a successor federal program, on the same basis as all other prospective residents. The Borrower shall not apply resident selection criteria to such Section 8 certificate holders which are more burdensome than the criteria applied to any other prospective resident.

(5) The Borrower shall conduct annual income certifications of residents to assure compliance with the income requirements of the Program.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 90.800 - 90.840, 90.630, 183, 456.515 - 456.723, 458.210 - 458.650
Stats. Implemented: ORS 456.620, 456.645 & 456.675
Hist.: HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91; OHCS 2-2000(Temp), f. & cert. ef. 9-15-00 thru 3-13-01; OHCS 1-2001, f. & cert. ef. 2-15-01; OHCS 4-2007, f. & cert. ef. 1-11-07

813-012-0050

Restrictions Associated with Tax-Exempt Financing

All projects will be required to comply with the applicable restrictions of Section 103 and Sections 141 to 149 of the Code. The Department expects to provide financing for Projects under the Rental Housing Program by issuing Bonds, the interest on which is excludable from gross income under the Code. The exclusion is available under Section 103 of the Code, and is detailed in Sections 141 through 149 of the Code. These Code provisions impose substantial restrictions on the Projects which receive financing, the amount of financing, and the residents who occupy the Projects. The restrictions may vary depending on the type of entity which owns and operates the Project; projects owned or operated by private, for-profit entities are subject to the greatest restrictions, as detailed in Section 142(d) of the Code and the applicable regulations.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 90.800 - 90.840, 91.886, 456.515 - 456.723 & 458.210 - 458.650
Stats. Implemented: ORS 456.625
Hist.: HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91; OHCS 4-2007, f. & cert. ef. 1-11-07

813-012-0060

Borrower Reporting and Record Keeping

(1) The Borrower shall determine at least annually whether a resident of a unit is a lower-income Person or household on the basis of the current income of the resident in a manner satisfactory to the Department.

(2) The Borrower shall make periodic reports to the Department regarding the occupants of the Project in the manner and with the frequency required by the Department.

(3) The Borrower shall permit at any time during the original term of the Program Loan, any duly authorized representative of the Department to inspect the books and records of the Borrower pertaining to the incomes of Persons or households residing in the Project.

Stat. Auth.: ORS 90.800 - 90.840, 90.630, 183, 456.515 - 456.723, 458.210 - 458.650
Stats. Implemented: ORS 456.625
Hist.: HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91; OHCS 4-2007, f. & cert. ef. 1-11-07

813-012-0070

Insurance and Guarantees

The Borrower shall be responsible for obtaining HUD/FHA insurance or other guarantee satisfactory to the Department.

Stat. Auth.: ORS 90.800 - 90.840, 90.630, 183, 456.515 - 456.723, 458.210 - 458.650
Stats. Implemented: ORS 456.625
Hist.: HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91; OHCS 4-2007, f. & cert. ef. 1-11-07

813-012-0080

Criteria for Selecting Projects

The Department may select Project applications which, in the judgment of the Department best achieve the purposes of the Program and the Act. Preference will be given to Projects which:

(1) Have the lowest rents possible in comparison with local market rents (as determined by the Department) in the community where the Project is to be located;

(2) Have the greatest level of support services appropriate to the needs of the expected resident population (e.g. child care, job training); and

(3) Because of their characteristics, would have the most difficulty obtaining other financing.

Stat. Auth.: ORS 90.800 - 90.840, 90.630, 183, 456.515 - 456.723, 458.210 - 458.650
Stats. Implemented: ORS 456.625
Hist.: HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91; OHCS 4-2007, f. & cert. ef. 1-11-07

813-012-0090

Processing Procedures

(1) The Department shall provide a list of Program Loan application contents, and shall provide the prospective Borrower a reasonable opportunity to discuss the application and the Department's criteria for financing.

(2) After receiving a completed Program Loan application package from the prospective Borrower, the Department shall evaluate each Project for consistency with the Department's underwriting and policy standards.

(3) Program Loans under $100,000 may be approved by the Department. Any Program Loan for an amount over $100,000 must be approved by the State Housing Council:

(a) The Department shall review each application for a Program Loan over $100,000 and prepare a recommendation to the Council for approval or disapproval. The Department will send a copy of its recommendation to the prospective Borrower with a notice of the Council meeting at which the application will be considered. Upon receipt of the notice, the prospective Borrower may request an opportunity to present testimony at the meeting;

(b) After considering the Department's proposal, as well as any other testimony presented, the Council shall approve or disapprove the application or take other appropriate action;

(c) The prospective Borrower shall promptly be advised in writing of the Council's decision.

(4) If an application is approved, the Department shall issue a Commitment. The Commitment shall be conditioned upon the subsequent sale and delivery of Bonds at a rate acceptable to the Department, and shall state:

(a) The amount of the Program Loan;

(b) The rate of interest to be charged on such Program Loan expressed as a function of the Bond interest rate;

(c) The term of the Program Loan;

(d) The amounts of any Commitment fees, reserves and escrow accounts, payments of issuance costs and other amounts which are required by the Department;

(e) The dates when the Eligible Borrower is required to pay the Commitment fees, charges, reserves and escrow accounts, payments of issuance costs and other amounts which are required by the Department;

(f) All other conditions and requirements of the Commitment.

(5) If the Eligible Borrower does not complete the requirements by the dates specified in the Commitment, the Commitment shall expire, unless the Department grants an extension in writing. The Department may require payment of an additional charge upon approval of an extension of the dates upon which Commitment conditions shall be met.

(6) If the Department fails to sell Bonds at an interest rate which would allow the Department to pay Bond debt service and Program costs, and make Program Loans at or below the maximum rate stated in the Commitment, the Commitment shall terminate.

Stat. Auth.: ORS 90.800 - 90.840, 90.630, 183, 456.515 - 456.723, 458.210 - 458.650
Stats. Implemented: ORS 456.625
Hist.: HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91; OHCS 4-2007, f. & cert. ef. 1-11-07

813-012-0100

Fees, Charges and Loan Interest Rate

(1) The Department may charge a nonrefundable commitment fee up to two percent of the committed Program Loan amount. The Eligible Borrower shall include the fee, if any, with the Eligible Borrower's signed acceptance of the Commitment when it is returned to the Department.

(2) The Department may require from the Borrower additional charges to cover the costs and reduce the financial risk to the Department of issuing Bonds.

(3) The Department shall establish loan rates which are at least sufficient to permit the Department to pay debt service on its Bonds, and costs of issuing the Bonds and administering the Rental Housing Program.

Stat. Auth.: ORS 90.800 - 90.840, 90.630, 183, 456.515 - 456.723, 458.210 - 458.650
Stats. Implemented: ORS 456.625
Hist.: HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91; OHCS 4-2007, f. & cert. ef. 1-11-07

813-012-0110

Program Loans

(1) To be eligible to receive a Program Loan for financing, an Eligible Borrower shall comply with the terms contained in the Commitment issued by the Department and those conditions of eligibility set forth in these Program rules.

(2) Loan Documents shall be on forms approved by the Department.

(3) Notwithstanding any other provision contained in the Program rules, the Department shall not disburse funds for a Program Loan until:

(a) The Project has been completed to the satisfaction of the Department;

(b) The Eligible Borrower executes a loan agreement, trust deed note and first lien trust deed or other evidence of security, and other program documentation satisfactory to the Department;

(c) The Eligible Borrower has satisfied all conditions contained in the Commitment; and

(d) If the Project is subject to requirements which may continue after payment of the Department's loan, a regulatory agreement is recorded which details those requirements.

(4) Each Program Loan shall provide for the monthly collection of Escrow Payments for taxes, if applicable, and insurance plus any other required accounts to the extent permitted by law together with the monthly installment of principal and interest. All such payments shall be held for the benefit of the Department in an account in a financial institution acceptable to the Department and subject to the rules which apply to the deposit of public funds of the State of Oregon, pursuant to ORS Chapter 295.

Stat. Auth.: ORS 90.800 - 90.840, 90.630, 183, 456.515 - 456.723, 458.210 - 458.650
Stats. Implemented: ORS 456.625
Hist.: HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91; OHCS 4-2007, f. & cert. ef. 1-11-07

813-012-0120

Construction and Completion

(1) During the construction of the Project, the Department may conduct random inspections for Borrower's compliance with the plans and specifications previously approved by the Department. The Borrower's supervising architect shall submit regular inspection reports to the Department. Change orders must be signed by the contractor, supervising architect, the Borrower and HUD, if applicable, before being submitted to the Department for its approval.

(2) Upon completion of construction of a Project, the Department and other contractual or regulatory entities, as applicable, may perform an inspection to assure the Borrower's compliance with the approved plans and specifications. If some items of construction remain to be completed due to circumstances beyond the control of the Borrower (provided the incomplete items do not detract from livability or safety of the Project), the Department may require the Borrower to place in an escrow account, approved by the Department and under Department control, an amount equal to one and one-half times the estimated cost of completion, until the construction item is completed.

(3) Upon substantial completion of acquisition, construction and equipping of the Project, the Borrower shall submit to the Department a certificate containing the following:

(a) The Borrower's statement that the Project has been substantially completed and is ready and available for occupancy as of a specified date (which shall be the completion date);

(b) The Borrower's statement of the aggregate amount, if any, advanced against the Program Loan prior to and upon the completion date; and

(c) The Borrower's certification that as of the completion date, there has been full compliance with the provisions of the Regulatory Agreement and Declaration of Restrictive Covenants.

(4) An architect with an ownership interest in the Project shall not act as a supervising architect.

Stat. Auth.: ORS 90.800 - 90.840, 90.630, 183, 456.515 - 456.723, 458.210 - 458.650
Stats. Implemented: ORS 456.625
Hist.: HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91; OHCS 4-2007, f. & cert. ef. 1-11-07

813-012-0130

Loan Servicing

(1) The servicing of loans shall be performed by servicer(s) selected by the Department. Servicing, unless performed by the Department, shall be conducted under the terms and conditions contained in a servicing agreement entered into between the Department and the Approved Servicer. The Department shall prescribe the form of the servicing agreement. The Approved Servicer shall:

(a) Promptly collect all payments due under the Loan Agreement and Regulatory Agreement and Declaration of Restrictive Covenants;

(b) Provide the Department with a monthly accounting of Program Loan payments and disbursements;

(c) Ensure that escrow account balances are maintained at a level sufficient for the payment of the Project's property taxes, insurance premiums and costs of replacement as they become due and payable;

(d) Forward payments to the Department according to the provisions of the servicing agreement;

(e) Forward payments for insurance premiums to the insurance company when due;

(f) Forward payments for property taxes to the county assessor when due;

(g) Assure that all improvements on the mortgaged premises are kept insured against fire and extended coverage, casualty, liability and business income loss in accordance with the Loan Agreement and Regulatory Agreement and Declaration of Restrictive Convents;

(h) Provide the Borrower with regular analyses of servicing accounts; and

(i) Perform such other responsibilities as the Department may prescribe.

(2) In order to qualify as an Approved Servicer and continue as such, an entity shall demonstrate to the satisfaction of the Department that:

(a) One of its principal functions is the servicing of multi-unit or commercial loans secured by real estate;

(b) Such servicing is a customary and regular business activity of the applicant;

(c) It can demonstrate qualifications to engage in the servicing of mortgage loans for specified government agencies or private institutions engaged in the secondary market for mortgage investments and have errors and omissions insurance acceptable to the Department;

(d) It deposits funds to accounts in depositories which comply with the requirements of ORS 295.005, 295.015-295.018 and 295.025 and which are insured to the full extent legally possible by the Federal Deposit Insurance Corporation, or other federal insuring department; and

(e) It shall maintain servicing facilities adequately staffed with personnel familiar with all regulations and requirements pertaining to or affecting Program Loans serviced for the Department.

Stat. Auth.: ORS 90.800 - 90.840, 90.630, 183, 456.515 - 456.723, 458.210 - 458.650
Stats. Implemented: ORS 456.625
Hist.: HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91; OHCS 4-2007, f. & cert. ef. 1-11-07

813-012-0140

Change of Approved Servicers

(1) The servicing agreement may be terminated or amended as provided in the servicing agreement or these rules.

(2) The Department may direct a change of Approved Servicers at any time consistent with the terms of the servicing agreement and these rules.

Stat. Auth.: ORS 90.800 - 90.840, 90.630, 183, 456.515 - 456.723, 458.210 - 458.650
Stats. Implemented: ORS 456.625
Hist.: HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91; OHCS 4-2007, f. & cert. ef. 1-11-07

813-012-0150

Transfer of Ownership

(1) A Borrower or Eligible Borrower who has received a Program Loan or Commitment from the Department shall not transfer ownership, lease or otherwise encumber any property which serves or will serve as security for a Program Loan without prior written approval from the Department. Approval will not be unreasonably withheld.

(2) A transfer of ownership means a sale, conveyance or other transfer of:

(a) Any interest of a general partner;

(b) Any interest in a joint venture;

(c) More than 25 percent of the limited partner's interest;

(d) More than 10 percent of a corporate owner's interest; or

(e) Any individual interest when the ownership is not a limited partnership, general partnership, joint venture or corporation.

(3) The Department may require a transfer application charge from owners of Projects that receive loans through the Department, who request the Department's approval of a change in Project ownership. The Department may require a transfer review charge to Project owners and transferees who effect a change in project ownership without prior written approval from the Department.

(4) A 100 percent transfer of ownership means a sale, conveyance or other transfer of:

(a) All interest of a general partnership;

(b) All interest of a joint venture;

(c) All interest of a corporation;

(d) All general partners' interest in a limited partnership; or

(e) All individual interest of an ownership entity when the ownership entity is not a limited partnership, general partnership, joint venture or corporation.

Stat. Auth.: ORS 90.800 - 90.840, 90.630, 183, 456.515 - 456.723, 458.210 - 458.650
Stats. Implemented: ORS 456.625
Hist.: HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91; OHCS 4-2007, f. & cert. ef. 1-11-07

813-012-0160

Loan Prepayments

(1) It is the general policy of the Department not to accept prepayments. The Department may, however, permit a prepayment if, in its sole discretion, the Department determines that the prepayment is consistent with the best interests of the Department, including its public purpose as defined in ORS 456.550.

(a) The Borrower must submit to the Department a written request for prepayment at least 90 days prior to the Borrower's estimated prepayment date;

(b) The Department may charge the Borrower a prepayment review charge to cover the Department's cost of review and processing the prepayment request.

(2) The Department must give prior written approval of any loan prepayment. In order to be valid, a written approval of prepayment must be signed by an authorized representative of the Department. In making a decision whether or not to allow prepayment of a loan, the Department may consider criteria that include, but are not limited to, the following:

(a) The financial impact of the prepayment on the Department's programs or on an individual program or Bond indenture;

(b) Economic factors, including, but not limited to, portfolio diversification and relative cost of capital;

(c) The cash flow and other relevant financial considerations of the Project loan for which prepayment is requested;

(d) The ability of the Department to use proceeds of the loan prepayment to increase the availability of affordable housing stock to low-income Oregonians;

(e) The willingness of the Borrower to execute a written agreement or give other assurances that the Project will continue to be used for the purpose(s) originally intended, as specified in the Loan Documents, or for an alternate use consistent with the best interests of the Department, including its public purpose as defined in ORS 456.550. Such continued use will be for a period of time mutually agreed on by the Department and the Borrower;

(f) Tax law consequences; and

(g) Other factors the Department considers appropriate to insure the security for and the ability of the State to repay the Bonds, and to insure the ongoing financial viability and stability of the Department's programs.

(3) If the Department determines that a loan prepayment is consistent with the best interests of the Department, it only shall authorize the prepayment provided that the sum to be prepaid, computed as of the date of prepayment, shall equal the unpaid principal balance of the loan plus accrued interest and all other obligations plus, at the Department's discretion, a penalty or premium for the privilege of prepayment. Such prepayment penalty shall be determined based on terms of the original Loan Documents, and amendments thereto which have been mutually agreed on by the Department and the Borrower. The Department may waive all or a portion of such prepayment penalty if it determines in its sole discretion that such waiver is in the best interests of the Department. In making a decision whether or not to waive any or all of a prepayment penalty, the Department may consider, but is not limited to, the criteria identified in OAR 813-12-160(2)(a) through (g).

(4) Where Section 8 Housing Assistance contracts or other rent subsidies are in place, the Department may approve a loan prepayment request only if such rent subsidies are not unduly impaired, determined at the sole discretion of the Department.

(5) Failure to make timely submission of a prepayment penalty will cause additional interest to accrue at loan rate or statutory rate, whichever is higher.

Stat. Auth.: ORS 90.800 - 90.840, 90.630, 183, 456.515 - 456.723, 458.210 - 458.650
Stats. Implemented: ORS 456.555 & 456.625
Hist.: HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91; OHCS 1-1998(Temp), f. & cert. ef. 9-1-98 thru 2-27-99; OHCS 1-1999, f. & cert. ef. 6-1-99; OHCS 4-2007, f. & cert. ef. 1-11-07

813-012-0170

Disposal of Department-Owned Projects

(1) The Department may transfer ownership of a Department-owned Project through sale, gift or other lawful manner to a Person or Persons whom the Department determines best meets the requirements of this Program. The Department shall establish procedures for selling a Project prior to any offering of such Project.

(2) The method of transfer of ownership, timing, price, terms and any other factors pertinent to the transfer of ownership shall be effected by the Department in a manner which, in the opinion of the Department, best preserves the integrity and continuity of the Department's rental programs. Factors the Department may consider include, but are not limited to:

(a) The financial investment of the Department in the Project;

(b) Preservation of existing rental housing;

(c) Proposed owner's ability to manage, market, maintain and protect property used as security for the loan made by the Department, if applicable;

(d) Proposed owner's capacity to preserve or improve upon the property's safety, sanitation, durability and livability;

(e) Proposed owner's ability to preserve units which are affordable and suitable to the needs of the residents; and

(f) Continued compliance state or federal laws, rules or regulations, as applicable to the financing or use of the Project.

Stat. Auth.: ORS 90.800 - 90.840, 90.630, 183, 456.515 - 456.723, 458.210 - 458.650
Stats. Implemented: ORS 456.625
Hist.: HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91; OHCS 4-2007, f. & cert. ef. 1-11-07

813-012-0180

Waiver

The Department may waive or modify any requirements of OAR 813, division 012, unless such waiver or modification would violate applicable federal or state statutes or regulations.

Stat. Auth.: ORS 456.515 - 456.720
Stats. Implemented: ORS 456.555
Hist.: OHCS 4-2007, f. & cert. ef. 1-11-07

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