2017 ORS 458.630¹
Use of funds in Housing Development and Guarantee Account
  • preferences
  • rules

This section is amended
Effective January 1, 2020
Relating to the Housing Development and Guarantee Account; amending ORS 458.610, 458.620, 458.625, 458.630 and 458.650.

(1)(a) The Housing and Community Services Department may hold and use the principal that is credited to the Housing Development and Guarantee Account as the Guarantee Fund. The department may use the fund to guarantee repayment of loans made to finance the construction, development, acquisition or rehabilitation of:

(A) Housing for persons with a low or very low income; or

(B) The commercial component of a structure that contains both commercial property and housing for persons with a low or very low income.

(b) The department, by rule, shall specify the grounds on which it may deny loan guarantees for a structure that contains both housing for persons with a low or very low income and a commercial component. The grounds for denial specified by the department must include, but need not be limited to, a commercial component that is excessive in scope or that is designed for commercial activity of a type incompatible with residential housing.

(c) The Oregon Housing Stability Council shall review loans that are guaranteed by the fund to ensure that the loans meet prudent underwriting standards.

(d) A guarantee may not be prepared or construed in such a manner as to violate the provisions of Article XI, section 7, of the Oregon Constitution.

(2) The department may not issue any loan guarantee under this section that guarantees the repayment of more than 50 percent of the original principal balance of any loan.

(3) The department may not issue a loan guarantee if the guarantee would cause the aggregate dollar amount of all loan guarantees issued by the department under this section to exceed two times the total amount then in the Guarantee Fund established under subsection (1) of this section. Notwithstanding ORS 458.625 (Use of account moneys and investment revenue), whenever payouts on loan guarantees cause the fund principal to decrease by five percent or more, the interest on the fund shall be deposited only to the principal account until the amount of the fund principal lost due to payouts on loan guarantees is restored.

(4) Subject to council review under subsection (1) of this section, the department shall give preference for loan guarantees under this section to loans described in subsection (1)(a) of this section that the department determines will:

(a) Provide the greatest number of housing units for persons with a low or very low income constructed, acquired, developed or rehabilitated for the amount of guarantee allowed;

(b) Ensure the longest possible use for the units as housing units for persons with a low or very low income; or

(c) Include a program of services for the occupants of the proposed housing including, but not limited to, programs that address home health care, mental health services, alcohol and drug treatment and post-treatment care, child care and case management.

(5) The council may adopt a policy that gives loan guarantee preference to loans for housing or structures described in subsection (1)(a) of this section for which the department has provided a grant, loan, tax credit or other investment. [1991 c.740 §6; 1993 c.2 §1; 1997 c.329 §1; 2003 c.20 §1; 2003 c.743 §6; 2007 c.607 §25; 2015 c.180 §26; 2015 c.608 §3]

1 Legislative Counsel Committee, CHAPTER 458—Housing and Community Services Programs; Individual Development Accounts, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors458.­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.