ORS 456.548
Definitions for ORS 456.548 to 456.725


As used in ORS 456.548 (Definitions for ORS 456.548 to 456.725) to 456.725 (Discrimination against purchaser with children prohibited), unless the context requires otherwise:

(1)

“Bonds” means any bonds, as defined in ORS 286A.001 (Definitions for ORS chapter 286A), or any other evidence of indebtedness, issued under ORS 456.515 (Definitions for ORS 456.515 to 456.725 and ORS chapter 458) to 456.725 (Discrimination against purchaser with children prohibited) or issued in anticipation of bonds and payable from the proceeds of bonds issued.

(2)

“Capital reserve account” or “capital reserve accounts” means one or more of the special trust accounts that may be established by the Housing and Community Services Department within the Housing Finance Fund.

(3)

“Consumer housing cooperative” means a cooperative corporation formed under ORS chapter 62 and whose articles of incorporation provide, in addition to the other requirements of ORS chapter 62, that:

(a)

The consumer housing cooperative has been organized exclusively to provide housing facilities for persons and families of lower income and such social, recreational, commercial and communal facilities as may be incidental to such housing facilities.

(b)

All income and earnings of the consumer housing cooperative shall be used exclusively for consumer housing cooperative purposes and that no unreasonable part of the net income or net earnings of the cooperative shall inure to the benefit or profit of any private individual, firm, corporation, partnership or association.

(c)

The consumer housing cooperative is in no manner controlled or under the direction of or acting in the substantial interest of any private individual, firm, corporation, partnership or association seeking to derive profit or gain therefrom or seeking to eliminate or minimize losses in any transaction therewith, except that such limitation shall apply to the members of the cooperative only to the extent provided by rules of the department.

(d)

The operations of the consumer housing cooperative may be supervised by the department and that the consumer housing cooperative shall enter into such agreements with the department as the department may require to provide regulation by the department of the planning, development and management of any housing project undertaken by the cooperative and the disposition of the property and other interests of the cooperative.

(4)

“Development costs” means the costs that have been approved by the department as appropriate expenditures and includes, but is not limited to:

(a)

Payments for options to purchase property for the proposed housing project site, deposits on contracts of purchase, payments for the purchase of property as approved by the department, legal, organizational and marketing expenses including payment of attorney fees, managerial and clerical staff salaries, office rent and other incidental expenses, payment of fees for preliminary feasibility studies, advances for planning, engineering and architectural work;

(b)

Expenses for surveys as to need and market analyses; and

(c)

Such other expenses incurred by the qualified housing sponsor as the department may deem necessary under ORS 456.548 (Definitions for ORS 456.548 to 456.725) to 456.725 (Discrimination against purchaser with children prohibited).

(5)

“Federally insured security” means an evidence of indebtedness insured or guaranteed as to repayment of principal and interest by the United States or an agency or instrumentality thereof.

(6)

“Housing development” means a development that contains housing units for persons or families of lower income and such other incidental elements of residential, commercial, recreational, industrial, communal or educational facilities as the department determines improve the quality of the development as it relates to housing for persons or families of lower income and the financial feasibility of the development.

(7)

“Housing finance bond declaration” means a written instrument signed by the Director of the Housing and Community Services Department or the designee of the director and on file with and bearing the certificate of approval of the State Treasurer or the designee of the State Treasurer, and all housing finance bond declarations supplemental to that instrument.

(8)

“Housing Finance Fund” means the Housing Finance Fund established in ORS 456.720 (Housing Finance Fund) (1).

(9)

“Lending institution” means any bank, mortgage banking company, trust company, savings bank, credit union, national banking association, federal savings and loan association or federal credit unit maintaining an office in this state, or any insurance company authorized to do business in this state.

(10)

“Limited dividend housing sponsor” means a corporation, trust, partnership, association or other entity, or an individual that is a mortgagor.

(11)

“Manufactured dwelling park nonprofit cooperative” has the meaning given that term in ORS 62.803 (Definitions for ORS 62.800 to 62.815).

(12)

“Manufactured housing” means a dwelling unit manufactured off-site having a minimum width of 10 feet and a minimum area of 400 square feet built on a permanent chassis and designed to be used for permanent residential occupancy whether or not on a permanent foundation, and that contains permanent eating, cooking, sleeping and sanitary facilities and meets such standards as the department determines, by rule, are reasonable to maintain the quality, safety and durability of the dwelling, the sanitary requirements of the communities in which they are located and the security of the loans that the department may finance for the purchase of the dwellings.

(13)

“Nonprofit housing corporation” means an organization formed under ORS chapter 65 and whose articles of incorporation provide, in addition to the other requirements of ORS chapter 65, that:

(a)

The corporation has been organized exclusively to provide housing facilities for persons and families of lower income and such other social, recreational, commercial and communal facilities as may be incidental to such housing facilities.

(b)

All the income and earnings of the corporation shall be used exclusively for corporation purposes and that no part of the net income or net earnings of the corporation may inure to the benefit of any private individual, firm, corporation, partnership or association.

(c)

The corporation is in no manner controlled or under the direction or acting in the substantial interest of any private individual, firm, partnership or association seeking to derive profit or gain therefrom or seeking to eliminate or minimize losses in transactions therewith.

(d)

The operations of the corporation may be supervised by the department and that the corporation shall enter into such agreements with the department as the department may require to regulate the planning, development and management of any housing project undertaken by the corporation and the disposition of the property and other interests of the corporation.

(14)

“Person of lower income” or “family of lower income” means:

(a)

A person or family residing in this state whose income is not more than 80 percent of area median income, adjusted for family size, as determined by the Oregon Housing Stability Council based upon information from the United States Department of Housing and Urban Development;

(b)

A person or family residing in this state whose income, adjusted for family size, is below the level the Housing and Community Services Department has determined to be necessary in order to obtain in the open market decent, safe and sanitary housing, including the cost of utilities and taxes, for not more than 25 percent of the gross income of the person or family; or

(c)

Any person or family the department determines is appropriate to treat as a person of lower income or a family of lower income incidental to the accomplishment of department programs for persons and families of lower income described in paragraphs (a) and (b) of this subsection.

(15)

“Project cost” or “costs of the project” means the sum of all reasonable expenses incurred by a qualified housing sponsor in undertaking and completing a housing project approved by the department. “Project costs” or “costs of the project” include but are not limited to the expenses incurred by a qualified housing sponsor for:

(a)

Studies and surveys;

(b)

Plans, specifications, architectural and engineering services;

(c)

Legal, organizational and other special services;

(d)

Financing, acquisition, demolition, construction, equipment and site development of new and rehabilitated housing units;

(e)

Movement of existing buildings to new sites; the cost of acquisition, or estimated fair market value, of land and other interests in real estate;

(f)

Rehabilitation, reconstruction, repair or remodeling of existing buildings;

(g)

Estimated carrying charges during construction and for a reasonable period thereafter;

(h)

Placement of tenants or occupants and relocation services in connection with the housing project;

(i)

Reasonable builder’s or sponsor’s profit and risk allowance; and

(j)

Development costs not otherwise included in this subsection.

(16)

“Qualified housing sponsor” means, subject to the approval of the department under ORS 456.620 (Duties of department in carrying out housing programs) (2):

(a)

A consumer housing cooperative;

(b)

A limited dividend housing sponsor;

(c)

A nonprofit housing corporation;

(d)

A for-profit housing sponsor;

(e)

A housing authority;

(f)

An urban renewal agency created by ORS 457.035 (Urban renewal agencies); and

(g)

Any city or county governing body or agency or department designated by the governing body.

(17)

“Residential housing” means a specific work or improvement within this state undertaken primarily to provide dwelling accommodations, including land development and acquisition, construction or rehabilitation of buildings and improvements thereto, for residential housing, and such other nonhousing facilities as may be incidental or appurtenant thereto and as the department determines improve the quality of the development as it relates to housing for persons or families of lower income and the financial feasibility of the development. “Residential housing” includes, but is not limited to, a specific work or improvement within this state undertaken to provide mobile home or manufactured dwelling parks as defined in ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227). As used in this subsection, “land development” includes, but is not limited to, the improvement of streets and alleys and the construction of surface drains, sewers, curbing and sidewalks.

(18)

“Residential loan” means any of the following:

(a)

A loan that is for the acquisition, construction, improvement or rehabilitation of residential housing and, if the loan is for acquisition or construction of residential housing, that is secured by a first lien on real property located in the state and:

(A)

Improved by a newly constructed, existing or rehabilitated residential structure for persons or families of lower income; or

(B)

Unimproved if the proceeds of such loan shall be used for the erection of a residential structure thereon, whether or not such loan is insured or guaranteed by the United States or any instrumentality or agency thereof.

(b)

An insured or guaranteed loan for the acquisition of manufactured housing or for the acquisition of a lot described in ORS 92.840 (Sale of subdivision lots) by a manufactured dwelling park tenant.

(c)

A loan for the purchase of a proprietary lease and related cooperative shares in a housing cooperative formed under ORS chapter 62 secured by a security interest of first priority and a pledge or an assignment of proprietary leases and related cooperative shares.

(19)

“Revolving account” means the Housing and Community Services Department Revolving Account created in ORS 456.574 (Housing and Community Services Department Revolving Account). [Formerly 456.615; 2009 c.541 §21; 2015 c.180 §5; 2021 c.55 §2]

Source: Section 456.548 — Definitions for ORS 456.548 to 456.725, https://www.­oregonlegislature.­gov/bills_laws/ors/ors456.­html.

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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