ORS 456.095
Appointment and qualification of commissioners of housing authorities


(1)

When the governing body of a city or county adopts a resolution pursuant to ORS 456.085 (Adopting resolution declaring need for authority), the governing body may then elect to have the powers of a housing authority under ORS 456.055 (Definitions for ORS 456.055 to 456.235) to 456.235 (Dissolution of housing authorities) exercised in any of the following ways:

(a)

Appointing by resolution, a commission composed of five, seven or nine persons.

(b)

Declaring, by resolution, that the governing body, itself, shall exercise the powers of a housing authority under ORS 456.055 (Definitions for ORS 456.055 to 456.235) to 456.235 (Dissolution of housing authorities). A governing body that exercises the powers of a housing authority may appoint at least one but not more than two additional commissioners for the housing authority. An appointed commissioner has the same authority as other housing authority commissioners, but may not exercise any powers of the governing body. At least one appointed commissioner must be a resident who receives direct assistance from the housing authority. The second appointed commissioner, if any, at a minimum must live within the jurisdiction of the authority. An appointed commissioner serves a term of office equal in length to the terms of office for governing body members, but not more than four years. An appointed commissioner may be removed only for cause as described in ORS 456.110 (Removal of commissioner) or if the commissioner ceases to meet the requirements for being an appointed commissioner. In the event that a housing authority commission consisting of the governing body of a city and one or more appointed commissioners has an even number of members, the mayor must be included as a member of the commission for the housing authority. An act of a governing body exercising the powers of a housing authority is an act of the commission for the housing authority only and not of the governing body.

(2)

When the governing bodies of two or more authorities join and cooperate with one another and create a regional authority to exercise all the powers conferred by the Housing Authorities Law, as authorized by ORS 456.140 (Joinder or cooperation of authorities), the governing bodies of the cooperating cities and counties shall by resolution appoint a commission for the regional authority consisting of nine persons. The cooperating cities and counties shall each appoint an equal number of the nine commissioners. If nine divided by the number of joining or cooperating cities and counties produces a fraction, then the commissioners appointed by such cities and counties shall appoint one commissioner so that nine commissioners in all are appointed. The nine commissioners appointed by or on behalf of cities or counties may appoint at least one but not more than two additional commissioners for the housing authority. At least one additional commissioner must be a resident who receives direct assistance from the housing authority. The second additional commissioner, if any, at a minimum must live within the jurisdiction of the authority. The term of office for an additional commissioner is equal to the term of office for a commissioner appointed by or on behalf of cities or counties. An additional commissioner may be removed only for cause as described under ORS 456.110 (Removal of commissioner) or if the person ceases to meet the requirements for being an additional commissioner.

(3)

A commissioner of an authority may not be an officer or employee of any city or county for which the authority is created, unless the commissioner is a member of the governing body or one of the governing bodies.

(4)

Persons appointed to the commission shall include a variety of occupations. At least one commissioner, but not more than two commissioners, appointed under subsection (1)(a) of this section must be a resident who receives direct assistance from the housing authority.

(5)

A governing body shall adopt a resolution for the appointment or reappointment of a commissioner. A governing body resolution is conclusive evidence that the commissioner was properly appointed. [Amended by 1969 c.630 §3; 1971 c.592 §1; 1973 c.672 §6; 1975 c.335 §1; 2001 c.547 §3; 2007 c.606 §7; 2019 c.625 §69]

Source: Section 456.095 — Appointment and qualification of commissioners of housing authorities, https://www.­oregonlegislature.­gov/bills_laws/ors/ors456.­html.

Notes of Decisions

City council and housing authority were distinct entities with different functions even though their membership was identical, and cooperation agreement between council and authority did not obligate city to grant conditional use permit for any housing project approved by authority. Western Mills v. Housing Authority of Salem, 34 Or App 401, 578 P2d 817 (1978), Sup Ct review denied

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 456.265
456.255
Legislative findings
456.258
Applicability
456.259
Withdrawal notice to tenants
456.260
First withdrawal notice to department and local government
456.262
Second withdrawal notice
456.263
Right of first refusal
456.264
Remedy for failure to give notice
456.265
Sanctions against withdrawing property owner prohibited
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
456.505
Veterans’ housing by local agencies
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
456.547
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 Revolving Account
456.576
Self-Sufficiency Housing 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
456.586
Rent-burdened households 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
456.605
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
Powers of department
456.627
Legislative finding on availability of 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
Payment of advances
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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