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

 

DIVISION 45

HOUSING DEVELOPMENT ACCOUNT PROGRAM

813-045-0005

General Purpose

The rules of OAR Chapter 813, Division 45 are established to accomplish the general purpose of ORS 456.515 to 456.720, specifically ORS 456.720(7), which authorizes the Department to establish a Housing Development Account to carry out the purposes of the Act by contract, grant, loan, or as otherwise determined necessary by the Department.

Stat. Auth.: ORS 90.800 - ORS 90.840, ORS 91.886, ORS 183, ORS 456.515 - ORS 456.723 & ORS 458.210 - ORS 458.650
Stats. Implemented: ORS 456.515 - ORS 456.720
Hist.: HSG 2-1988(Temp), f. & cert. ef. 4-5-88; HSG 3-1988, f. & cert. ef. 9-2-88; HSG 3-1989(Temp), f. & cert. ef. 6-8-89; HSG 13-1989, 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

813-045-0010

Definitions

All words and terms are used in OAR Chapter 813, Division 45 as defined in the Act, and as provided by 813-005-0005.

Stat. Auth.: ORS 90.800 - ORS 90.840, ORS 91.886, ORS 183, ORS 456.515 - ORS 456.723 & ORS 458.210 - ORS 458.650
Stats. Implemented: ORS 456.515 - ORS 456.720
Hist.: HSG 2-1988(Temp), f. & cert. ef. 4-5-88; HSG 3-1988, f. & cert. ef. 9-2-88; HSG 3-1989(Temp), f. & cert. ef. 6-8-89; HSG 13-1989, 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

813-045-0015

Eligibility for Housing Development Account Funds

(1) The Department may provide funds from the Housing Development Account subject to the availability of funds in the Account and limitations otherwise prescribed by law, and only for the purposes specified or allowed in the Act.

(2) The Department may from time to time restrict use of available funds for specific housing projects or purposes, restrict the type of assistance available, or restrict the type of applicant eligible for assistance.

Stat. Auth.: ORS 90.800 - ORS 90.840, ORS 91.886, ORS 183, ORS 456.515 - ORS 456.723 & ORS 458.210 - ORS 458.650
Stats. Implemented: ORS 456.515 - ORS 456.720
Hist.: HSG 2-1988(Temp), f. & cert. ef. 4-5-88; HSG 3-1988, f. & cert. ef. 9-2-88; HSG 3-1989(Temp), f. & cert. ef. 6-8-89; HSG 13-1989, 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

813-045-0020

Application Procedure

(1) The Department may from time to time solicit applications for Housing Development Account funds, and may, in its discretion, consider for funding only applications received as a response to such solicitation.

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

(a) Name, address, and telephone number of the applicant;

(b) Amount and type of assistance requested; and

(c) A description of how the assistance will be used, including the type of housing project or program involved; number of housing units to be provided or the number of persons to be housed; the estimated time period from start to completion of the project or program; the geographic area where the assistance will be used; and the federal, state, or local agencies or organizations involved.

(3) If the Department receives applications in an amount greater than the amount of funds available, the Department shall select those applications which, in the judgment of the Depart-ment, best achieve the purposes of the Housing Development Account Program rules and the Act.

Stat. Auth.: ORS 90.800 - ORS 90.840, ORS 91.886, ORS 183, ORS 456.515 - ORS 456.723 & ORS 458.210 - ORS 458.650
Stats. Implemented: ORS 456.515 - ORS 456.720
Hist.: HSG 2-1988(Temp), f. & cert. ef. 4-5-88; HSG 3-1988, f. & cert. ef. 9-2-88; HSG 3-1989(Temp), f. & cert. ef. 6-8-89; HSG 13-1989, 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

813-045-0025

Application Review

(1) For loans or grants where the amount requested from the Housing Development Account does not exceed $100,000, or any other form of assistance, the Department shall consider the application and approve, disapprove, or request additional information on the application within 30 calendar days of receipt of the application.

(2) For loans or grants where the amount requested from the Housing Development Account is in excess of $100,000, the Department shall consider the application and approve, disapprove or request additional information on the application within 30 calendar days of receipt of the application. If the Department proposes to make the loan or grant, it shall submit the loan or grant it proposes to make to the State Housing Council for review. The State Housing Council shall approve or disapprove the loan or grant at a public hearing of the Council, pursuant to ORS 456.571 (2). The Department shall advise the applicant in writing of the action taken by the State Housing Council within 15 calendar days of such meeting.

(3) In reviewing applications for assistance, the Department and the State Housing Council, as appropriate, may consider, but are not limited to, the following:

(a) Amount of available funds in the Housing Development Account;

(b) Availability of other sources of assistance;

(c) Ability to leverage public or private funds;

(d) Involvement of federal, state or local government agencies, nonprofit housing or social service agencies;

(e) Geographic area affected;

(f) Number and type of housing units to be provided or number of persons to be housed;

(g) Administrative costs and/or responsibilities imposed on the Department in connection with the assistance provided; and

(h) Type and number of households to be assisted.

Stat. Auth.: ORS 90.800 - ORS 90.840, ORS 91.886, ORS 183, ORS 456.515 - ORS 456.723 & ORS 458.210 - ORS 458.650
Stats. Implemented: ORS 456.515 - ORS 456.720
Hist.: HSG 2-1988(Temp), f. & cert. ef. 4-5-88; HSG 3-1988, f. & cert. ef. 9-2-88; HSG 3-1989(Temp), f. & cert. ef. 6-8-89; HSG 13-1989, 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

813-045-0030

Form of Assistance

(1) The Department shall confirm to the applicant in writing the type of assistance, if any, to be provided from the Housing Development Account. Assistance may be in the form of, but is not limited to, loans, grants, contract agreements, or insurance.

(2) The Department may establish fees, premiums, interest rates, repayment terms, performance criteria and reporting requirements as the Department considers appropriate or necessary for the type and use of assistance provided. The Department shall specify such terms and conditions to the applicant in writing before funds are advanced or contractual agreements signed.

(3) The Department may require the applicant to execute such documents as the Department considers appropriate or necessary to evidence the type and amount of assistance provided, and any terms and conditions agreed to in connection with such assistance.

(4) If the terms and conditions upon which the assistance was approved or provided are not met, the Department may, upon written notice, immediately revoke approval of the use of the Housing Development Account funds, and/or require repayment of all or a portion of the funds advanced, if any.

Stat. Auth.: ORS 90.800 - ORS 90.840, ORS 91.886, ORS 183, ORS 456.515 - ORS 456.723 & ORS 458.210 - ORS 458.650
Stats. Implemented: ORS 456.515 - ORS 456.720
Hist.: HSG 2-1988(Temp), f. & cert. ef. 4-5-88; HSG 3-1988, f. & cert. ef. 9-2-88; HSG 3-1989(Temp), f. & cert. ef. 6-8-89; HSG 13-1989, 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

813-045-0035

Waiver for Other Sources

If the Department has applied for and received funds on deposit in the Housing Development Account from other sources or on behalf of another person, the provisions of Chapter 813, Division 45 may be waived by the Director as necessary or convenient to comply with the rules, regulations or procedures prescribed by the source of funds, unless such waiver would violate applicable statutes.

Stat. Auth.: ORS 90.800 - ORS 90.840, ORS 91.886, ORS 183, ORS 456.515 - ORS 456.723 & ORS 458.210 - ORS 458.650
Stats. Implemented: ORS 456.515 - ORS 456.720
Hist.: HSG 2-1988(Temp), f. & cert. ef. 4-5-88; HSG 3-1988, f. & cert. ef. 9-2-88; HSG 3-1989(Temp), f. & cert. ef. 6-8-89; HSG 13-1989, 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

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