2015 ORS 456.270¹
Definitions for ORS 456.270 to 456.295

As used in ORS 456.270 (Definitions for ORS 456.270 to 456.295) to 456.295 (Action affecting covenant):

(1) "Affordable housing covenant" means a nonpossessory interest in real property imposing limitations, restrictions or affirmative obligations that encourage development or that ensure continued availability of affordable rental and owner-occupied housing for low or moderate income individuals.

(2) "Area median income" means the median income for the metropolitan statistical area in which the affordable housing is located, as determined by the Housing and Community Services Department, adjusted for household size.

(3) "Eligible covenant holder" means:

(a) A public body, as defined in ORS 174.109 ("Public body" defined);

(b) An agency of the United States government;

(c) A public benefit corporation or religious corporation, as those terms are defined in ORS 65.001 (Definitions), one purpose of which is to provide affordable housing for low or moderate income households;

(d) A consumer housing cooperative, as defined in ORS 456.548 (Definitions for ORS 456.548 to 456.725);

(e) A manufactured dwelling park nonprofit cooperative corporation; or

(f) A federally recognized Indian tribe.

(4) "Low income household" means a household with income less than or equal to 80 percent of the area median income.

(5) "Moderate income household" means a household with income less than or equal to 120 percent and greater than 80 percent of the area median income.

(6) "Subsidy" includes, but is not limited to:

(a) A grant, loan or contract made by a federal agency, a federally recognized Indian tribe or a public body, as defined in ORS 174.109 ("Public body" defined);

(b) A grant, loan or contract made by a nonprofit corporation or a limited liability company the sole member of which is a nonprofit corporation;

(c) A subsidized loan from a lending institution that makes loans for residential housing; or

(d) A subsidized private transaction.

(7) "Third-party right of enforcement" means a right provided in an affordable housing covenant to a third party to enforce the terms of the covenant. [2007 c.691 §2; 2009 c.11 §63]

Note: 456.270 (Definitions for ORS 456.270 to 456.295) to 456.295 (Action affecting covenant) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 456 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.


1 Legislative Counsel Committee, CHAPTER 456—Housing, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors456.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.