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

 

DIVISION 39

FARMWORKER HOUSING DEVELOPMENT ACCOUNT

813-039-0005

General Purpose

OAR chapter 813, division 039, is promulgated to accomplish the general purposes of ORS 458.600 to 458.660, and more specifically, ORS 458.620(1), (2), and (3)(d) and 458.660. ORS 458.620(1), among other things, establishes the Farmworker Housing Development Account as part of the Oregon Housing Fund. ORS 458.660 authorizes the Department to disburse moneys in the Farmworker Housing Development Account to expand the state's supply of housing for low and very low income Farmworkers.

Stat. Auth.: ORS 456.515, ORS 456.547, ORS 456.550, ORS 456.555, ORS 456.559, ORS 456.571, ORS 456.625, ORS 458.620, ORS 458.660
Stats. Implemented: ORS 456.555, ORS 456.625, ORS 458.620, ORS 458.660
Hist.: OHCS 13-2002, f. & cert. ef. 10-10-02

813-039-0010

Definitions

As used in these rules, unless the context indicates otherwise:

(1) "Account" means the Farmworker Housing Development Account established in ORS 458.620(1).

(2) "Application" means the application form(s) and other information required by the Department to initiate a request for moneys from the Account by a Sponsor to finance a specific Project.

(3) "Approve" or "Approval" means the Department, having considered the information provided in a particular Application, together with such other information as the Department considered necessary or appropriate, has reached a preliminary decision that the Application is adequate for review and that the Project described therein is appropriate for funding from the Account and, having obtained Council consent as necessary, has communicated a written offer to the Sponsor to fund the Project as conditioned by the Department, the Council, these rules, ORS 458.600 through 458.660, and other applicable law.

(4) "Council" means the State Housing Council established in ORS 456.567.

(5) "Department" means the Housing and Community Services Department established in ORS 456.555.

(6) "Farmworker" means any person working in connection with cultivating the soil, raising or harvesting any agricultural or aquacultural commodity; or in catching, netting, handling, planting, drying, grading, storing, or preserving in its unmanufactured state any agriculture or aquaculture commodity; or delivering to storage, market, or a carrier for transportation to market or to processing any agriculture or aquaculture commodity; or in the forestation or reforestation of land, including but not limited to, the planting, transportation, tubing, precommercial thinning of trees and seedlings, the clearing, pulling and disposal of brush and slash and other related activities; or as otherwise determined by the Department in the exercise of its authority.

(7) "Project" means a particular development of Farmworker housing, including but not limited to the construction, acquisition or rehabilitation of such housing, or other efforts that facilitate the expansion of the supply of Farmworker housing, in whole or in part, as further detailed in these rules.

(8) "Sponsor" means nonprofit and for-profit corporations or other business entities or individuals authorized to conduct business in the State of Oregon, state and local government entities and housing authorities in Oregon who make Application to finance a Project, in whole or in part, from the Account.

Stat. Auth.: ORS 456.515, ORS 456.547, ORS 456.550, ORS 456.555, ORS 456.559, ORS 456.571, ORS 456.625, ORS 458.620, ORS 458.660
Stats. Implemented: ORS 456.555, ORS 456.625, ORS 458.620, ORS 458.660
Hist.: OHCS 13-2002, f. & cert. ef. 10-10-02

813-039-0015

Eligibility

(1) Sponsors must demonstrate to the Department's satisfaction that a proposed Project will expand the state's supply of housing for low and/or very low income Farmworkers. To expand the state's supply of such housing means increasing the amount of qualifying residential housing or extending the use as qualifying residential housing of units or structures that otherwise would be lost for that purpose because of deteriorating habitability or other circumstances. The Department, in ascertaining the efficacy of a proposed Project to expand the state's supply of such housing, may consider factors including, but not limited to the following:

(a) The likelihood of the Project resulting in expanded housing for low or very low income Farmworkers;

(b) The likelihood of the Project developing increased capacity in Oregon communities to create and operate additional qualifying housing;

(c) The immediacy between funding of assistance from the Account and the expansion of housing;

(d) The quality of the intended housing;

(e) The duration of such housing and any assurances of same;

(f) The quantity of the intended housing;

(g) The amount of requested Account assistance; and

(h) The location and demand for the intended housing.

(2) Assistance from the Account normally is available to Sponsors only for the following purposes:

(a) To acquire or lease land;

(b) To construct new or to acquire and/or rehabilitate existing structures for housing low and/or very low income Farmworkers;

(c) To match public or private moneys available from other sources for the purposes of developing appropriate Farmworker housing;

(d) To provide training and technical assistance that in the Department's judgment will promote the development of appropriate Farmworker housing; and

(e) To assist with operational costs or with the provision of services as a last resort to prevent the loss of existing housing for low and very low income Farmworkers.

(3) The Department may further restrict or expand the purposes for which Account assistance may be used with respect to a particular Project.

(4) Sponsors must demonstrate to the Department's satisfaction that they have the capacity, experience and dedication to utilize properly any assistance from the Account for its intended purposes. The Department, in ascertaining whether or not a particular Sponsor has such capacity, experience and dedication, may consider factors including, but not limited to the following:

(a) The number of personnel and depth of other resources available to the Sponsor for the Project;

(b) The training and other qualifications of such personnel and the quality and relevance of other resources;

(c) The organizational structure and effectiveness of the Sponsor, including its cost accounting procedures;

(d) The reputation and standing of the Sponsor, and any of its personnel, among knowledgeable parties;

(e) The experience of the Sponsor in developing or operating similar Projects;

(f) The experience of the Sponsor in developing or operating low-income housing generally;

(g) The Department's past experience with the Sponsor or any of its personnel;

(h) The Sponsor's involvement in other housing and community services projects or programs; and

(i) The Sponsor's cooperation with the Department in the Application process or otherwise.

Stat. Auth.: ORS 456.515, ORS 456.547, ORS 456.550, ORS 456.555, ORS 456.559, ORS 456.571, ORS 456.625, ORS 458.620, ORS 458.660
Stats. Implemented: ORS 456.555, ORS 456.625, ORS 458.620, ORS 458.660
Hist.: OHCS 13-2002, f. & cert. ef. 10-10-02

813-039-0020

Application Process

(1) The Department may from time to time solicit Applications and may, in its sole discretion, consider for funding only Projects identified in Applications received in response to such solicitations. The Department, in its sole discretion, also may fund Projects on its own initiate or consider for funding Projects identified in Applications not received in response to a Department solicitation.

(2) All Applications for assistance from the Account shall be in writing to the Department, and shall contain at a minimum the following information:

(a) The name, address, and telephone number of the Sponsor, together with a contact person;

(b) The amount and type of Account assistance requested;

(c) A description of the Project for which Account assistance is requested, including the purpose of the Project, its location, its owner(s) and ownership structure, its total cost, its funding sources, the type of housing or program involved, the number of low and very low income Farmworker housing units to be provided, the number of Farmworkers to be housed, the duration of such housing, the management plan for such housing, and the willingness to execute and record restrictive covenants to ensure continued availability of such housing;

(d) A description of how the Account assistance will be used with respect to the Project, including how such assistance will be leveraged and secured, if applicable; and

(e) An estimate of the time period from start to completion of the Project.

(3) The Department will not Approve Project requests in excess of Account funds then currently available. The Department, in its sole discretion, may determine the amount of available Account funds to be disbursed at any particular time. Notwithstanding any such determination, the Department shall not be obligated to Approve Projects sufficient to disburse fully such available funds. Within such discretion, and its discretion to consider or to initiate Applications, the Department will Approve those eligible Projects from eligible Sponsors requesting eligible assistance that, in its judgment, best achieve the purposes of ORS 458.660, these rules, and other applicable law, including orders of the Department.

(4) An Application may be obtained by contacting the Department at: Oregon Housing and Community Services, Farmworker Housing Development Account, PO Box 14508, Salem, OR 97309-0409.

Stat. Auth.: ORS 456.515, ORS 456.547, ORS 456.550, ORS 456.555, ORS 456.559, ORS 456.571, ORS 456.625, ORS 458.620, ORS 458.660
Stats. Implemented: ORS 456.555, ORS 456.625, ORS 458.620, ORS 458.660
Hist.: OHCS 13-2002, f. & cert. ef. 10-10-02

813-039-0025

Application Review

(1) In reviewing Applications for Approval, the Department and the Council, as appropriate, may consider factors including, but not limited to, the following:

(a) The Eligibility of Project, Sponsor and requested assistance;

(b) The amount, type, source, timing of and restrictions on any leverage funding or other assistance available for the Project;

(c) The nature of requested assistance;

(d) The willingness of Sponsor to execute and record restrictive covenants and other instruments ensuring ongoing availability of the low and/or very low income Farmworker housing;

(e) The amount of available funds in the Account;

(f) The involvement of federal, state or local government agencies, nonprofit housing or social service agencies, or other beneficial parties;

(g) The geographic area and need affected;

(h) The number, type and duration of housing units to be provided or preserved and number of Farmworkers to be housed;

(i) The social services to be provided or needed with respect to the housing, if appropriate; and

(j) The impacts of the Project on the local community;

(k) Local opinion regarding the Project;

(l) The feasibility of the Project; and

(m) The Administrative costs and/or responsibilities imposed on the Department in connection with the assistance provided.

(2) For Project assistance from the Account less than $100,000, the Department may initiate or consider Applications and Approve or not such Projects as it, in its sole discretion deems appropriate. The Department may alter proposed Projects and place such conditions upon its Approval as it deems appropriate or as required by these rules or applicable law. The Department also may stay consideration of any Application pending further investigation or return any Application to its Sponsor for additional information or for required corrections or changes.

(3) For Project assistance from the Account equal to or greater than $100,000, the Department will initiate or consider Applications and Approve or not such Projects as it deems appropriate with the consent of the Council. The Department or Council may alter proposed Projects or place such conditions upon the Department's Approval as either deems appropriate or as required by these rules or applicable law. The Department or Council also may stay consideration of any Application pending further investigation or return any Application to its Sponsor for additional information or for required corrections or changes.

Stat. Auth.: ORS 456.515, ORS 456.547, ORS 456.550, ORS 456.555, ORS 456.559, ORS 456.571, ORS 456.625, ORS 458.620, ORS 458.660
Stats. Implemented: ORS 456.555, ORS 456.625, ORS 458.620, ORS 458.660
Hist.: OHCS 13-2002, f. & cert. ef. 10-10-02

813-039-0030

Form of Assistance

(1) The Department will confirm in its Approval to the Sponsor the type of assistance, if any, to be provided from the Account for the Project. Assistance may be provided as a loan, a grant, a combination of a loan and grant, or in such other form as determined by the Department.

(2) The Department, inter alia, may require the Sponsor to execute such documents as the Department considers appropriate or necessary, in its sole discretion, to evidence the type and amount of assistance provided, and any terms and conditions required by the Department or Council in connection with such assistance.

(3) If any term or condition in the Approval of Account assistance, or in the documents related thereto, is not timely performed by Sponsor -- or upon the discovery by the Department of any misrepresentation or omission of a material fact by the Sponsor -- the Department may immediately revoke its Approval, require repayment of all or any portion of Account assistance previously advanced, if any, and effect any other remedy available to it at law or otherwise.

Stat. Auth.: ORS 456.515, ORS 456.547, ORS 456.550, ORS 456.555, ORS 456.559, ORS 456.571, ORS 456.625, ORS 458.620, ORS 458.660
Stats. Implemented: ORS 456.555, ORS 456.625, ORS 458.620, ORS 458.660
Hist.: OHCS 13-2002, f. & cert. ef. 10-10-02

813-039-0040

Waiver

The Department may waive or modify any requirements of OAR chapter 813, division 039, unless such waiver or modification would violate applicable federal or state statutes or regulations.

Stat. Auth.: ORS 456.515, ORS 456.547, ORS 456.550, ORS 456.555, ORS 456.559, ORS 456.571, ORS 456.625, ORS 458.620, ORS 458.660
Stats. Implemented: ORS 456.555, ORS 456.625, ORS 458.620, ORS 458.660
Hist.: OHCS 13-2002, f. & cert. ef. 10-10-02

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