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

 

DIVISION 49

LOW INCOME RENTAL HOUSING FUND PROGRAM

813-049-0001

Purpose and Objectives

The rules of OAR 813, division 49 administer the provisions of Sections 1 through 10, Chapter 716, Oregon Laws 1991. These rules implement the Low Income Rental Housing Fund Program, which shall provide rental housing assistance for very low income households.

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; Administrative correction, 5-2-14

813-049-0005

Definitions

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

(2) As used in this Division:

(a) “Department” means the Oregon agency;

(b) “Fund” means the Low Income Rental Housing Fund;

(c) “Fund Participant” or “Participant” means a Licensee who deposits Refundable Deposits or a Non-Licensee who deposits into a Low Income Housing Account;

(d) “Household” means any person or persons who will reside together in a rental dwelling unit (e.g., married couples with or without children, unmarried persons who will share the same unit, a single person, etc.);

(e) “Income” means income from all sources of each member of the Household not including income from employment of children under the age of 18;

(f) “Interest-Bearing Client Trust Account” (“CTA”) means an interest-bearing client trust account into which a Licensee deposits Refundable Deposits;

(g) “Interest-Bearing Trust Account” (“TA”) means an interest-bearing account into which a Non-Licensee deposits Tenant Deposits;

(h) “Lease” means a lease or other rental or occupancy agreement relating to a specific rental unit;

(i) “Licensee” means any person licensed under ORS 696.020;

(j) “Low Income Housing Account” (“LIHA”) means a CTA, TA or other account that accrues interest to be paid to the Fund;

(k) “Net Interest” means the interest payable upon funds deposited in an account, less any fees imposed with respect to such account;

(l) “Non-Licensee” means an owner or other person exempted under ORS 696.030 from licensing requirements otherwise imposed under 696.020;

(m) “Program” or “Fund Program” in the singular only means the process by which:

(A) Fund Participants establish and maintain LIHAs; and

(B) The Department or its delegates provide rental housing assistance to Very Low Income Households from the Net Interest earned on the LIHAs. “To Participate in the Program” means to establish and maintain a LIHA.

(n) “Refundable Deposit” means any sum of money relating to residential rental property, but not including earnest money or escrow funds held in conjunction with the sale of real property, which is:

(A) Paid to a Licensee;

(B) Required to be deposited in the Licensee’s Client Trust Account under ORS 696.241; and

(C) Conditionally or unconditionally refundable to the payer at some future time.

(o) “Self-sufficiency” means meeting basic needs and achieving stability in such areas as, but not limited to, housing, household income, nutrition and health care and accessing needed services.

(p) “Tenant Deposit” means any sum of money which is conditionally or unconditionally refundable to the payer at some future time paid by or on behalf of a tenant to a Fund Participant;

(q) “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; Administrative correction, 5-2-14

813-049-0010

Criteria for Use of the Fund

(1) The Department or its delegates shall review and may approve requests to make payments to defray the cost of rent for dwelling units for Very Low Income Households based on the criteria established herein. In considering such requests, the Department or its delegates shall:

(a) Restrict the payment of funds to programs that defray the cost of rent for dwelling units for Very Low Income Households; and

(b) Exclude a housing authority as described and established under ORS 456.055 to 456.235 from receiving such funds for the purpose of defraying the cost of rents on property owned or actively managed by a housing authority;

(c) Maximize coordination of services at the local level to carry out the provisions of Sections 1 through 10, Oregon Laws 1991.

(2) In reviewing requests to make payment to defray the cost of rent for dwelling units for Very Low Income Households, the Department or its delegates may provide a preference in directing such payments to households not eligible for other public housing assistance.

(3) Ensure that all households receiving assistance through the Fund participate in programs or activities that will increase household self-sufficiency.

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; Administrative correction, 5-2-14

813-049-0020

Participation in the Program

(1) Any person may establish a LIHA.

(2) Any TA a Non-Licensee establishes under these rules must be a LIHA.

(3) A Non-Licensee may deposit into a LIHA any Tenant Deposits but may not deposit into a LIHA any sums constituting operating expenses or other non-tenant deposits.

(4) Nothing in these rules shall be construed to require a Non-Licensee to establish a LIHA.

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; Administrative correction, 5-2-14

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