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HOUSING AND COMMUNITY SERVICES DEPARTMENT

 

DIVISION 49

LOW INCOME RENTAL HOUSING FUND PROGRAM

813-049-0001

Purpose

The rules of OAR chapter 813, division 49 implement the Low Income Rental Housing Fund Program. This program is established for the purpose of applying funds that may be appropriated by the Legislative Assembly to the department for providing rental housing assistance to very low-income households, according to the legislative intent expressed in section 3(4), chapter 595, Oregon Laws 2011 (Enrolled House Bill 2710).

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 456.561, 456.625, 458.605 & 2011 OL Ch. 595, Sec. 3(4)
Hist.: HSG 13-1990(Temp), f. 10-26-90, cert. ef. 10-29-90; HSG 1-1991, f. & cert. ef. 4-26-91; HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 1-1992, f. & cert. ef. 1-2-92; OHCS 2-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 16-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-049-0005

Definitions

(1) Unless otherwise defined in this rule, any term used in OAR chapter 813, division 49, is used as defined in sections 1 through 10, chapter 716, Oregon Laws 1991, or as provided in OAR 813-005-0005, or elsewhere in OAR chapter 813, respectively.

(2) As used in this division:

(a) “Administrative costs” means all costs that are not directly related to delivery of program services under this division.

(b) “Community action agency” or “CAA” means a private, nonprofit corporation organized under ORS Chapter 65, or an office, division or agency of a political subdivision designated as a community action agency pursuant to the Economic Opportunity Act of 1964 by the U.S. Department of Health and Human Services, which meets the requirements of ORS 458.505(4).

(c) "Department" means the Housing and Community Services Department for the state of Oregon;

(d) "Fund" means the Low Income Rental Housing Fund administered by the department with respect to this program;

(e) “Funding agreement” means that master grant agreement or other written agreement, together with all incorporated documents and references, to be executed by and between the department and community action agencies and other organizations in form and substance satisfactory to the department as a condition precedent for receipt of program funding from the department.

(f) “HMIS” means the Homeless Management Information System.

(g) "Household" means any person or persons who will reside together in a rental dwelling unit as one economic unit (e.g., married couples with or without children, unmarried persons who will share the same unit, a single person, unrelated individuals, etc.);

(h) "Income" means aggregate income from all sources for each member of the household not including income from employment of children under the age of 18;

(i) “Low Income Rental Housing Fund Program” or “program” means the program administered by the department pursuant to, inter alia, this division and financed, inter alia, from the fund.

(j) “Operations manual” means the department’s manual to be used by subgrantees to administer the program in their communities. The manual describes program requirements and procedural instructions.

(k) “Organization” means a nonprofit corporation established under ORS Chapter 65, a housing authority established under 456.055 to 456.235, or local government as defined in 197.015 and described under 458.505.

(l) “Program requirements” means all funding agreement terms and conditions, department directives (including deficiency notices), and applicable state, local, and federal laws and regulations (including these rules, other applicable department rules), executive orders, local ordinances and codes.

(m) "Self-sufficiency" means meeting basic needs and achieving stability in areas including, but not limited to housing, household income, nutrition, health care and accessing needed services.

(n) “Very low-income household” means a household with income that does not exceed 50 percent of the area median income by household size as the Secretary of the United States Department of Housing and Urban Development describes for very low-income families pursuant to the United States Housing Act of 1937.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 456.561, 456.625, 458.605 & 2011 OL Ch. 595, Sec. 3(4)
Hist.: HSG 13-1990(Temp), f. 10-26-90, cert. ef. 10-29-90; HSG 1-1991, f. & cert. ef. 4-26-91; HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 1-1992, f. & cert. ef. 1-2-92; HSG 9-1994, f. & cert. ef. 11-9-94; OHCS 2-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 16-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-049-0007

Funding Application

(1)(a) To receive program funding, community action agencies and other organizations shall submit a funding application satisfactory to the department, which must be approved by the department.

(b) The department also may initiate a program funding proposal to a community action agency or other organization.

(c) In a service area where a community action agency exists, the community action agency has a conditional right of first refusal to serve as the subgrantee agency for the service area. If the community action agency cannot meet the requirements for the form and content of the funding application as determined by the department in its sole discretion, or chooses not to administer the program, the department may allow other eligible organizations to submit a funding application with respect to that service area.

(2) The applicant shall adhere to the department's requirements and deadlines for filing and obtaining approval of its application for program funding.

(3) An applicant’s funding application must meet all requirements established by the department for the form and content of the funding application.

(4) A funding application is subject to approval, including as modified by the department or disapproval by the department.

(5) Funding applications will be evaluated by the department for sufficiency with respect to application and other program requirements including, but not limited to criteria for program assistance as described hereinafter.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 456.561, 456.625, 458.605 & 2011 OL Ch. 595, Sec. 3(4)
Hist.: OHCS 2-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 16-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-049-0010

Criteria for Program Assistance

(1) In the manner established by the department, a community action agency described under ORS 458.505 or other organization and approved by the department, may apply to the department for program funding to finance eligible services that, inter alia, defray the cost of rent of qualified dwelling units for very low-income households. Whether or not a household meets the standard as a very low-income household will be determined in accordance with the standards for determining annual income in 24 CFR 5.609.

(2) An application for program funding is subject to the department’s approval based on criteria that may include, but are not limited to:

(a) The availability of program funds and the department’s authority to disburse same.

(b) Restricting the use of funds to those proposed services that truly and best defray the cost of rent, including refundable security deposits and utility deposits, of qualified dwelling units for very low income households.

(c) Ensuring that a housing authority, as defined in ORS 456.005(2) will not direct or steer its program clients to rental units owned or managed by the housing authority.

(d) Maximizing coordination of services at the local level.

(e) Directing funds to very low-income households not eligible for other public assistance with housing.

(f) Meeting program priorities, federal standards for other housing assistance and state and local government policies.

(g) Ensuring that all households receiving program assistance have an opportunity to participate in services that will increase household self-sufficiency and that such participation by a household will occur by mutual agreement of the community action agency or other provider organization and the client household.

(h) Ensuring that the community action agency or other provider organization executes a written agreement with the department, satisfactory to the department that specifies, inter alia, appropriate performance with respect to program requirements.

(3) Any qualified household paying a subsidized rent is eligible for program funding only if the client’s contribution to rent and utilities exceeds 30 percent of the client’s adjusted household income.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 456.561, 456.625, 458.605 & 2011 OL Ch. 595, Sec. 3(4)
Hist.: HSG 13-1990(Temp), f. 10-26-90, cert. ef. 10-29-90; HSG 1-1991, f. & cert. ef. 4-26-91; HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 1-1992, f. & cert. ef. 1-2-92; HSG 9-1994, f. & cert. ef. 11-9-94; OHCS 2-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 16-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-049-0020

Participation in the Low Income Rental Housing Fund Program

(1) A community action agency or other organization approved for program funding shall place and maintain program funding in an account satisfactory to the department for use consistent with the terms of the department’s award of funding, the funding agreement, and other program requirements.

(2) The portion of the cost of rent for dwelling units that a community action agency or other provider organization may provide from program funding to any household may not exceed the maximum household assistance amount established from time to time by the department.

(3) A community action agency or other provider organization may only use program funds in a manner consistent with program requirements.

(4) A community action agency or other program provider organization may only expend an amount for administrative costs that does not exceed the portion of the program award established by the department for that purpose. To qualify for funding, administrative costs must be appropriate and reasonably related to actual administration of the program as determined by the department in its sole discretion.

(5)(a) The department may take such remedial action as it deems appropriate including, but not limited to terminating its funding agreement with a CAA or other program provider organization and requiring repayment of all program funding, if it determines (in its sole discretion) that the performance of the CAA or organization or any of its subcontractors is deficient in any manner, including with respect to program requirements.

(b) The department may, but is not required to issue deficiency notices and require the CAA or organization to correct such deficiencies in a manner satisfactory to the department within a period of time designated by the department. If any such deficiency notices are issued, the CAA or other organization shall fully correct such deficiencies to the department’s satisfaction within the time specified.

(c) Issuance of a deficiency notice shall not constitute a waiver of other remedies available to the department or preclude the department from exercising such other remedies available to it under the funding agreement or other program requirements, at law or otherwise.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 456.561, 456.625, 458.605 & 2011 OL Ch. 595, Sec. 3(4)
Hist.: HSG 13-1990(Temp), f. 10-26-90, cert. ef. 10-29-90; HSG 1-1991, f. & cert. ef. 4-26-91; HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 1-1992, f. & cert. ef. 1-2-92; OHCS 2-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 16-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-049-0035

Recordkeeping and Reporting; Subcontractor Obligations

(1) Community action agencies and other program provider organizations shall maintain accurate financial records satisfactory to the department, which document, inter alia, the receipt and disbursement of all funds provided through the program by the department, and have an accounting system in place satisfactory to the department, which meets, inter alia, generally accepted accounting principles.

(2) Community action agencies and other program provider organizations shall maintain all other records constituting or related to program administration. Such records shall be in substance and format satisfactory to the department.

(3) Community action agencies and other program provider organizations shall timely and accurately collect and report client household data to the department through the use of a department approved HMIS. Such data collection and reporting must be in a manner satisfactory to the department.

(4)(a) Community action agencies and other program provider organizations shall retain and keep accessible all such program records for a minimum of 5 years, or such longer period as may be required by applicable law, following final payment and termination of program involvement, or until the conclusion of any audit, controversy or litigation arising out of or related to the program, whichever date is later.

(b) Community action agencies and other program provider organizations shall make all program records available to the department, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives for inspection and copying.

(5) Community action agencies and other program provider organizations shall cause, and require by contract, that their subcontractors (if any) shall comply with all program requirements, including but not limited to these record keeping and reporting requirements.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: OHCS 2-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 16-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-049-0040

Compliance Monitoring; Cooperation

(1) The department may from time to time audit, inspect, or otherwise review the program activities and records of community action agencies and other program provider organizations as the department determines to be appropriate, inter alia, to verify compliance with program requirements. The Oregon Secretary of State, applicable federal agencies, and representatives of same and of the department also may audit, inspect or otherwise review program activities and records.

(2) Community action agencies and other program provider organizations also are subject to any specific audit requirement applicable to the program.

(3) Community action agencies and other program provider organizations shall cooperate fully with all compliance monitoring

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: OHCS 2-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 16-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-049-0050

Review by Community Action Agency or Other Program Provider Organization

(1) Community action agencies and other program provider organizations shall establish in writing a process satisfactory to the department that, in a timely manner, enables beneficiaries of and applicants for program benefits to contest a determination by the CAA or organization that:

(a) Denies or limits the eligibility of a beneficiary or applicant for the benefits or other assistance; or

(b) Terminates or modifies benefits or other assistance awarded by the CAA or organization to a beneficiary.

(2) Households or other persons aggrieved by the action (or inaction) of a CAA or other program provider organization as described in subsection (1) may request administrative review of such action or inaction within the time frame and pursuant to the process established by the CAA or other program provider organization consistent with program requirements. At all times, the CAA or other organization must allow a minimum of thirty (30) days within which an aggrieved person may request review from the time of the contested action or inaction or from the aggrieved person’s reasonable discovery of such action or inaction, whichever is longer.

(3) The CAA or organization must inform the department in writing of any request by an aggrieved party for administrative review within ten (10) days of such request.

(4) The CAA or organization must inform the department and the aggrieved party in writing of any final administrative review determination made by it, and the basis for same, within ten (10) days of such final determination.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: OHCS 2-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 16-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-049-0060

Challenge of Provider Action

(1) Households or other persons aggrieved by an action taken or not taken by a community action agency or other program provider organization with respect to its program obligations may submit a written request to the department for its review of such contested action, but only after first exhausting the applicable administrative review process furnished by the relevant CAA or other provider organization and within thirty (30) days of that administrative review determination.

(2) The department may accept or deny a request for its review in whole or in part, at its sole discretion. Any department review will be in the manner determined appropriate by the department and may include, but shall not necessarily be limited to review of provided information.

(3) If the department accepts the review request, the requester of the review, the CAA or other program provider organization, and relevant subcontractors shall produce all information required by the department, including requested affidavits or testimony.

(4) The department may make a determination on a review request and require such remedial action as the department determines, in its sole discretion, to be appropriate.

(5) Department review shall not constitute a contested case review under ORS Chapter 183 unless specifically so stated by the director in writing.

(6) Timely request for department review by an aggrieved household or other person and its completion to final order by the department are requirements for exhaustion of administrative remedies by such aggrieved household or person.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: OHCS 2-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 16-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

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