2007 ORS § 426.504¹
Authority of department to develop community housing for persons with chronic mental illness
  • sale of community housing
  • conditions

(1) The Department of Human Services may, through contract or otherwise, acquire, purchase, receive, hold, exchange, demolish, construct, lease, maintain, repair, replace, improve and equip community housing for the purpose of housing persons with chronic mental illness.

(2) The department may dispose of community housing acquired under subsection (1) of this section in a public or private sale, upon such terms and conditions as the department considers advisable to increase the quality and quantity of community housing available for persons with chronic mental illness. Except as provided in subsection (3) of this section, in any instrument conveying fee title to community housing, the department shall include language that restricts the use of the community housing to housing for persons with chronic mental illness. Such restriction is not a violation of ORS 93.270 (Certain discriminatory restrictions in conveyancing instruments prohibited).

(3) If the department determines that community housing acquired under subsection (1) of this section is no longer suitable for use as community housing, the department may sell or otherwise dispose of the community housing without including in any instrument conveying fee title to the community housing any language that restricts the use of the community housing. Proceeds from the sale or disposition of community housing under this subsection are considered proceeds described in ORS 426.506 (Community Mental Health Housing Fund) (4)(c).

(4) When exercising the authority granted to the department under this section, the department is not subject to ORS chapter 273 or ORS 270.100 (Notice to department before sale of real property) to 270.190 (Disposition of operating fund revenues), 276.900 (Policy) to 276.915 (Energy design requirements) or 279A.250 (Definitions for ORS 279A.250 to 279A.290) to 279A.290 (Miscellaneous receipts accounts). [1999 c.983 §3; 2003 c.794 §281; 2005 c.11 §2; 2007 c.70 §211]