2017 ORS 456.260¹
Requirement of property withdrawal notice
  • violations
  • continuation of tenancies
  • rules
  • fee
  • penalty

(1) For the purpose of dealing with expiring and terminating contracts for participating properties, the owner of a participating property shall:

(a) Provide notice by registered or certified mail, return receipt requested, to each local government entitled to notice and the Housing and Community Services Department two years prior to the date when:

(A) The contract for the property to participate in publicly supported housing will expire or terminate; or

(B) The participating property will be withdrawn from publicly supported housing, whether by sale, transfer, nonrenewal of the contract or otherwise, such that the property will no longer be a participating property.

(b) 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, if applicable.

(c) Maintain the contract for property participation in publicly supported housing in good standing during the notice period referred to under this section.

(d) Refrain from taking any action, other than notifying the United States Department of Housing and Urban Development or other party to the contract of the owner’s intention to not renew the contract or to withdraw the participating property from publicly supported housing, that would preclude a qualified purchaser from succeeding to the contract or negotiating with the owner for the purchase of the property.

(2) A local government is entitled to notice under this section if the participating property is located within the boundaries of the local government.

(3) If the property owner does not comply with the notice requirements under subsection (1) of this section, the property owner shall extend the affordability restriction on the participating property by the number of months that the property owner is in noncompliance with the notice requirements under subsection (1) of this section and immediately provide notice to the Housing and Community Services Department and each local government that is entitled to notice of the extension of the affordability restriction pursuant to this section together with the notice required under subsection (1) of this section.

(4) Subsection (1) of this section does not apply when:

(a) A local government or the state takes the participating property by eminent domain or a negotiated purchase in lieu of eminent domain;

(b) There is a forced sale of the participating property under a foreclosure; or

(c) The participating property is subject to a deed in lieu of foreclosure.

(5) A local government may:

(a) 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 to implement the provisions of subsection (1) of this section.

(b) 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 or withdrawal of the participating property from publicly supported housing 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.

(c) Make application to the Housing and Community Services Department requesting that a local subsidy program be included in the definition of publicly supported housing, as long as the program otherwise complies with and is not excluded from the definition of publicly supported housing.

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

(a) Intends to withdraw the participating property from publicly supported housing.

(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, the Housing and Community Services Department or any other individual or entity regarding an extension of an expiring contract.

(7) ORS 456.255 (Legislative findings) to 456.265 (Sanctions against withdrawing property owner prohibited) do not require the Housing and Community Services Department or a local government to purchase, condemn or otherwise acquire participating property.

(8) The Housing and Community Services Department shall adopt rules to implement the provisions of this section with respect to the duties, powers and functions of the department. [1999 c.275 §3; 2017 c.608 §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/­ors456.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.