2007 ORS 456.260¹
Local requirement of property withdrawal notice
  • contents
  • violations
  • condemnation alternatives
  • continuation of tenancies

(1) In establishing a procedure to deal with expiring contracts for participating properties, a local government may:

(a) Require the owner of a participating property to:

(A) Provide notice of the pending contract expiration to each local government that has requested notice and each affected tenant one year prior to the date when the contract for the property to participate in a federal housing program will expire.

(B) Provide notice that the owner intends to withdraw the property from participation in a federal housing program to each local government that has requested notice and each affected tenant up to:

(i) 210 days prior to the expiration of the contract; or

(ii) 150 days prior to the expiration of a one-year extension of the contract, if any.

(C) Consent to reasonable inspection of the property and inspection of the owner reports on file with the Housing and Community Services Department or the United States Department of Housing and Urban Development.

(D) Maintain the contract for property participation in a federal housing program in good standing, if the United States Department of Housing and Urban Development allows that maintenance, during:

(i) The notice periods referred to under this paragraph;

(ii) Any condemnation proceeding commenced; or

(iii) Any alternative procedure agreed to under paragraph (c) of this subsection.

(E) Refrain from taking any action, other than notifying the United States Department of Housing and Urban Development of the owner’s intention to not renew the contract, that would preclude the affected local government or its designee from succeeding to the contract or negotiating with the owner for the purchase of the property.

(b) Establish and impose any fine, penalty, tax, fee, charge or assessment upon the owner of participating property for failure to comply with local regulations adopted pursuant to paragraph (a) of this subsection.

(c) Establish an alternative procedure to condemnation, including but not limited to arbitration, mediation or facilitated negotiation. However, an alternative procedure may not be used unless mutually agreed to by the property owner and the local government.

(d) Require an owner to refrain from disturbing tenancies, other than for cause as defined in the contract, for a period of not more than 180 days after expiration of the contract if the local government pays, or arranges for payment, to the owner on the first day of each month, the monthly subsidy that the owner was receiving under the contract.

(2) Any notices provided under subsection (1)(a) of this section shall specify whether the owner:

(a) Intends to withdraw the property from a federal housing program.

(b) Intends to convert the participating property to a nonparticipating use.

(c) Is involved in negotiations with the United States Department of Housing and Urban Development or the Housing and Community Services Department regarding an extension of an expiring participation contract.

(3) ORS 456.255 (Legislative findings) to 456.265 (Sanctions against withdrawing property owner prohibited) do not require a local government to purchase, condemn or otherwise acquire participating property. [1999 c.275 §3]

Note: See note under 456.250 (Definitions for ORS 456.250 to 456.265).

1 Legislative Counsel Committee, CHAPTER 456—Housing, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­456.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.