ORS 456.625
Department powers

  • recording terms of use for housing projects
  • procurement
  • fees
  • rules

The Housing and Community Services Department may:

(1)

Undertake and carry out studies and analyses of housing needs within the state and ways of meeting such needs and make the results of such studies and analyses available to the public, qualified housing sponsors and the private housing sector.

(2)

Prepare proposals on measures it considers necessary to address administration, housing programs or community services programs.

(3)

With the approval of the Oregon Housing Stability Council, assess fees, charges or interest in connection with housing programs.

(4)

Encourage community organizations to assist in initiating housing projects for persons and families of lower income.

(5)

Encourage the salvage of usable housing scheduled for demolition or dislocation because of highway, school, urban renewal or other public projects by seeking authority for the public agencies involved in such programs to use the funds provided for the demolition or relocation of such buildings to enable qualified housing sponsors to relocate and rehabilitate such buildings for use by persons and families of lower income.

(6)

Encourage research and demonstration projects to develop techniques and methods for increasing the supply of adequate, decent, safe and sanitary housing for persons and families of lower income.

(7)

Make or participate in the making of residential loans to qualified individuals or housing sponsors to provide for the acquisition, construction, improvement, rehabilitation or permanent financing of residential housing or housing development; undertake commitments to make residential loans; purchase and sell residential loans at public or private sale; modify or alter such mortgages or loans; foreclose on any such mortgage or security interest or commence any action to protect or enforce any right conferred upon the department by any law, mortgage, security, agreement, contract or other agreement and to bid for and purchase property that is subject to such mortgage or security interest at any foreclosure or other sale; acquire or take possession of any such property and complete, administer, conserve, improve and otherwise use the property to accomplish the department’s purposes, pay the principal and interest on any obligations incurred in connection with such property and dispose of such property in such manner as the department determines necessary to protect its interests under ORS 456.515 (Definitions for ORS 456.515 to 456.725 and ORS chapter 458) to 456.725 (Discrimination against purchaser with children prohibited) and ORS chapter 458.

(8)

Unless specifically exempted by the State Treasurer, deposit with the State Treasurer any funds held in reserve or sinking funds under ORS 456.515 (Definitions for ORS 456.515 to 456.725 and ORS chapter 458) to 456.725 (Discrimination against purchaser with children prohibited) and ORS chapter 458 and any other moneys not required for immediate use or disbursement by the department, subject to the provisions of any agreement with holders of bonds entered into prior to October 15, 1983.

(9)

Advise and assist in the creation of any nonprofit housing corporation, consumer housing cooperative or limited dividend housing sponsor and give approval of the articles of incorporation and bylaws of any such organization in carrying out ORS 456.515 (Definitions for ORS 456.515 to 456.725 and ORS chapter 458) to 456.725 (Discrimination against purchaser with children prohibited).

(10)

Cooperate with and exchange services, personnel and information with any federal, state or local governmental agency.

(11)

With the approval of the State Treasurer, contract for the services of and consultation with trustees, investment and financial advisors, paying agents, remarketing agents and other professional persons or organizations in carrying out ORS 456.515 (Definitions for ORS 456.515 to 456.725 and ORS chapter 458) to 456.725 (Discrimination against purchaser with children prohibited) and ORS chapter 458.

(12)

Contract for, act on or perform any other duties that the department considers necessary or appropriate to carry out housing programs and community services programs, including but not limited to contracting to provide compliance monitoring or other administrative functions with respect to housing developments and affordable housing, whether or not the housing developments or affordable housing receives department funding and whether or not the housing developments or affordable housing is located within this state. For purposes of this subsection, “affordable housing” has the meaning given that term in ORS 456.055 (Definitions for ORS 456.055 to 456.235).

(13)

Purchase, service, sell and make commitments to purchase, service and sell residential loans to the extent permitted by ORS 456.635 (Commitments on residential loans) and 456.640 (Purchase of residential loans) (1) to (3).

(14)

Initiate or assist appropriate state agencies, governmental bodies and public or private housing sponsors in the development, construction, acquisition, ownership, leasing, rehabilitation or management of housing to carry out the purposes of ORS 456.515 (Definitions for ORS 456.515 to 456.725 and ORS chapter 458) to 456.725 (Discrimination against purchaser with children prohibited) and ORS chapter 458 where such housing is not otherwise affordable or available in the area.

(15)

Execute and record written instruments that contain terms, including but not limited to restrictive covenants or equitable servitudes, pertaining to the use and enjoyment of housing projects. Notwithstanding any other provision of law, the executed instruments shall constitute and create restrictive covenants affecting and running with the property according to the terms of the instruments when recorded in the records of the county where the property is located. County clerks shall accept the instruments for recording when presented by or on behalf of the department.

(16)

Subject to the provisions of any agreement then existing with bondholders, make available funds by contract, grant, loan or otherwise, including loan guarantees, insurance or other financial leveraging techniques, from moneys made available by the department to carry out the purposes of ORS 456.515 (Definitions for ORS 456.515 to 456.725 and ORS chapter 458) to 456.725 (Discrimination against purchaser with children prohibited), if such moneys are not needed for the operations of the department or otherwise determined by the Director of the Housing and Community Services Department to be a necessary or prudent reserve.

(17)

Notwithstanding ORS 456.561 (Loans, grants and funding awards), award grants to private or public entities to support or develop programs and services that build on successful or innovative strategies to prevent and end homelessness, and may adopt rules for implementing such programs and services, including the following:

(a)

Tenant education services for low-income tenants, including Rent Guarantee Program training under ORS 456.608 (Rent Guarantee Program) (3);

(b)

Fair housing training and outreach for tenants and landlords;

(c)

Technological innovations and investments that help low-income individuals find and access available rental housing and services;

(d)

Acquisition, construction, renovation and operation of emergency shelters and transitional housing, outreach and attendant services, as well as supportive housing services designed to sustain housing, including those that support the diverse needs of those experiencing homelessness;

(e)

Homelessness system improvements such as capacity building resources, planning resources, implementation and operation of advisory groups, technical assistance resources and investments to improve and obtain qualitative and quantitative data about housing and homelessness, including through direct engagement with people with lived experience of homelessness or housing instability;

(f)

Services designed to prevent evictions and homelessness, including long term and emergency rental assistance, legal services for those facing eviction, eviction prevention mediation services and case management;

(g)

Individualized and culturally responsive interventions designed to provide support to specific populations of people experiencing homelessness or housing instability;

(h)

Delivery of programs and services designed to reduce poverty, including those programs and services that are in alignment with federal resources such as the Community Services Block Grant; and

(i)

Other education, services or resources for low-income tenants and prospective tenants and for landlords who serve low-income tenants, including landlord incentive programs to encourage greater access to units for low-income tenants.

(18)

Procure and supervise the procurement of goods, services and personal services that are acquired in connection with the exercise of the department’s duties prescribed in this chapter and ORS chapter 458.

(19)

For goods, services and personal services that are unrelated to the duties prescribed in this chapter and ORS chapter 458, subject to any rule that may be adopted by the department for the administration of such procurements:

(a)

Procure and supervise the procurement of information technology products and systems and related goods, services and personal services; and

(b)

Conduct sole-source procurements as provided under ORS 279B.075 (Sole-source procurements), and special procurements as provided under ORS 279B.085 (Special procurements), except that the Director of the Housing and Community Services Department may take any action that the Director of the Oregon Department of Administrative Services is authorized to take under ORS 279B.075 (Sole-source procurements) and 279B.085 (Special procurements). [1973 c.828 §6; 1975 c.154 §8; 1979 c.60 §3; 1979 c.327 §6; 1981 c.504 §7; 1981 c.691 §2; 1983 c.519 §2; 1985 c.501 §3; 1987 c.567 §2; 1989 c.307 §6; 1991 c.739 §7; 1995 c.79 §252; 1999 c.1074 §3; 2001 c.738 §4; 2007 c.607 §18; 2007 c.783 §199; 2010 c.4 §1; 2015 c.180 §12; 2019 c.641 §1; 2023 c.116 §3; 2023 c.193 §16]

Source: Section 456.625 — Department powers; recording terms of use for housing projects; procurement; fees; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors456.­html.

456.005
Definitions for ORS chapters 456 and 458
456.055
Definitions for ORS 456.055 to 456.235
456.060
Definition of “area of operation”
456.065
Definition of “housing project.”
456.070
Declaration of necessity for establishment of housing authorities
456.075
Housing authorities created
456.080
Determination of need for housing authority
456.085
Adopting resolution declaring need for authority
456.090
Sufficiency of resolution
456.095
Appointment and qualification of commissioners of housing authorities
456.100
Terms and compensation of commissioners
456.105
Organization
456.110
Removal of commissioner
456.115
Commissioners and employees may not have interest in project other than as tenant
456.118
Prohibition against using term
456.120
Powers of housing authority as public corporation
456.122
Inapplicability of laws relating to other public bodies
456.125
Research, planning, construction and operation of housing projects
456.128
Housing authority intellectual property
456.130
Investigations, hearings and recommendations of authority
456.135
Delegation of powers or duties
456.140
Joinder or cooperation of authorities
456.145
Eminent domain
456.150
Housing projects subject to local laws
456.153
Involvement in mixed income housing project
456.155
Policy regarding profit from projects
456.160
Limitations as to rentals
456.165
Vested rights of creditors not affected by restrictions of ORS 456.155 and 456.160
456.171
Independent audit of authority
456.175
Issuance of bonds
456.180
Liability on bonds
456.185
Issuance of bonds
456.190
Presumption of validity of bond
456.200
Powers of authority in securing payment of bonds or lease obligations
456.202
Short-term bond anticipation notes
456.205
Enforcing rights of obligee of an authority
456.210
Power of authority to confer additional rights upon obligee
456.215
Financial aid and cooperation of federal government
456.220
Exemption of property from process or judgment lien
456.230
Bonds and income therefrom exempt from personal income taxes
456.233
Transfer of housing authority from governing body to separate board
456.235
Dissolution of housing authorities
456.250
Definitions for ORS 456.250 to 456.267
456.255
Legislative findings
456.258
Applicability
456.259
Termination date notice to tenants
456.260
Termination date notice to government
456.261
Department notice of extension of affordability restrictions
456.262
Offers by qualified purchasers
456.263
Right of first refusal
456.264
Remedy for failure to give notice
456.265
Sanctions against withdrawing property owner prohibited
456.267
Duties of landlord and owner to tenants after termination date
456.270
Definitions for ORS 456.270 to 456.295
456.275
Legislative findings
456.280
Covenant creation, effect, conveyance, duration and termination
456.285
Permissible provisions
456.290
Validity of covenant
456.295
Action affecting covenant
456.305
Definitions for ORS 456.305 to 456.325
456.310
Purpose
456.315
Powers of state public bodies in aiding or cooperating on housing projects
456.320
Donations and loans to housing authority
456.325
Resolution to exercise powers
456.355
Definitions for ORS 456.355 to 456.370
456.360
Purpose
456.365
Powers of city or county in aiding or cooperating on housing projects
456.370
Exercise of powers
456.375
Definitions for ORS 456.375 to 456.390
456.378
Housing Choice Landlord Guarantee Program
456.385
Housing Choice Landlord Guarantee Program Fund
456.390
Annual report regarding participation of housing authorities in Housing Choice Voucher Program
456.395
Department and council assistance to housing authorities
456.400
Definitions for ORS 456.400 to 456.433
456.403
Housing and Community Services Department support for manufactured dwelling parks and marinas
456.407
Policy encouraging settlement of disputes
456.414
Manufactured and Marina Communities Account
456.418
Special assessment
456.422
Information concerning available manufactured dwelling park rental spaces
456.426
Functions of manufactured dwelling site information clearinghouse
456.429
Scope of information collected
456.433
Funding of clearinghouse
456.500
Legislative findings
456.502
Affordable Housing Land Acquisition Revolving Loan Program
456.506
Findings
456.508
Definitions for ORS 456.510 and 456.513
456.510
Visitability requirements
456.513
Exemption from visitability requirements
456.514
Rules
456.515
Definitions for ORS 456.515 to 456.725 and ORS chapter 458
456.519
General obligation bonds authorized
456.530
Willingness to make residential loans factor in selecting depositaries
456.535
Elderly and Disabled Housing Fund
456.539
Administration of Elderly and Disabled Housing Fund
456.540
Requirements for elderly housing project upon retirement of bond obligations
456.541
Project applications for housing serving persons with disabilities
456.543
Elderly and Disabled Housing Sinking Fund
456.545
Report to Legislative Assembly on accessibility of housing funded by department
456.547
Assistance, grants and gifts to department for housing purposes
456.548
Definitions for ORS 456.548 to 456.725
456.550
Policy
456.555
Housing and Community Services Department established
456.559
Powers and duties of department
456.561
Loans, grants and funding awards
456.562
Department intellectual property
456.565
Powers of director
456.567
Oregon Housing Stability Council
456.569
Authority of Housing and Community Services Department to require fingerprints
456.571
Powers and duties of council
456.572
State housing plan
456.574
Housing and Community Services Department Fund
456.578
Use of funds
456.579
Manufactured Dwelling Parks Account
456.581
Uses of Manufactured Dwelling Parks Account
456.582
Prohibited acts
456.585
Agriculture workforce housing information
456.587
Electricity Public Purpose Charge Fund
456.589
Legislative findings
456.593
Use of bonds for single-family home loans in Portland
456.594
Definitions
456.595
Petroleum supplier assessment
456.597
Oil-Heated Dwellings Energy Account
456.599
Rules
456.601
Statewide housing production dashboard
456.602
Statewide housing equity indicators
456.603
Public meeting for severely rent-burdened cities
456.605
Mortgage credit certificate program
456.607
Definitions
456.608
Rent Guarantee Program
456.609
Rent Guarantee Program Fund
456.612
Declaration of financing purpose
456.620
Duties of department in carrying out housing programs
456.623
Project funding notification registry
456.625
Department powers
456.627
Limitations on department to make single-family residential loans
456.630
Services to qualified sponsors and institutions
456.635
Commitments on residential loans
456.640
Purchase of residential loans
456.645
Revenue bonds
456.655
When bonds not to be issued
456.661
Limitation on revenue bond amount
456.665
Status of revenue bonds
456.670
Bond maturity
456.675
Bond provisions and limits
456.680
Purchase of bonds by department
456.685
Bondholders’ remedies
456.690
Loan authority of department
456.692
Loans financed through bonds secured by specific properties
456.695
Housing required to comply with land use plans, zoning and other ordinances
456.697
Restrictions on use of financing provided by department
456.700
Pledge and lien
456.705
Servicing loans
456.710
Department advances to qualified housing sponsors
456.715
Insurance of loans
456.717
Interim construction financing for multifamily housing
456.720
Housing Finance Fund
456.722
Preferences in funding grants to low-income housing providers
456.723
Legislative finding on bonding authority of department
456.725
Discrimination against purchaser with children prohibited
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