Or. Admin. Code § 813-041-0015

Current through Register Vol. 63, No. 11, November 1, 2024

Section 813-041-0015 - [Effective 11/26/2024] Evaluation of Applications

(1) OHCS's evaluation and approval of an application is subject to the terms of the applicable solicitation, the provisions of this rule, other applicable law, and the biennial limitation on the total of estimated eligible costs for all approved projects for the calendar year established under ORS 315.171.

(2) For Community-Based projects, the application review process will be through the ORCA.

(3) For On-Farm Set-Aside projects, the application review process will be on a First-Come, First-Reviewed process.

(4) Applications are subject to evaluation by OHCS according to criteria that include the following minimum requirements:

(a) Completeness, level of detail, and accuracy of the information included in the application;

(b) The qualifying status of the taxpayer/contributor and of the proposed project;

(c) The viability of the project, including as reflected in the estimated eligible costs and other support funding as appropriately documented;

(d) The number of units reserved for Agricultural workers and their families, and

(e) Such other criteria established by OHCS, including but not limited to those described in the applicable solicitation.

(5) Community-based applications will also be evaluated for their plans to affirmatively further fair housing laws.

(6) An application is subject to one or more of the following actions by OHCS:

(a) An application determined by OHCS in the evaluation process not to include specific or substantial information about the project or to be incomplete or inaccurate in any respect may be declined by OHCS and returned to the taxpayer as not qualifying for further evaluation;

(b) OHCS may issue a request to the applicant to provide or correct any information OCHS deems missing, inaccurate, or inadequate in the application.

(i) On-Farm applicants will have 15 days to answer OHCS's request for information. If the supplemental information is submitted after this deadline or deemed inadequate by OHCS, the application will be declined by OHCS and will not be eligible for a reservation of AWHTC Program credits;

(ii) Community-Based applicants will follow the procedures laid out in the ORCA process for correcting or updating any information OHCS deems missing, inaccurate, or inadequate.

(c) Acceptance of the application and resulting issuance of a reservation of AWHTC Program credits pending further action by applicant as laid out in the reservation letter. The reservation amount cannot exceed fifty percent of eligible costs as indicated in the application; or

(d) Acceptance of the application and resulting issuance of a standby notice per OAR 813-041-0020.

(7) Factors that OHCS may consider in prioritizing one application over others may include, but are not limited to:

(a) The quality of the application when compared to the other applications submitted and received by OHCS;

(b) The location of the project;

(c) The market demand for and financial feasibility of the project;

(d) The particulars of the appraisal of the project;

(e) Whether or not the project meets all applicable state and local land use and zoning requirements, housing codes and similar requirements;

(f) The quality of the housing over and above the factors listed in OAR 813-041-0015 (7) (e);

(g) Whether or not the project meets all other applicable laws and program requirements;

(h) The target population to be served;

(i) The availability and sustainability of related tenant services;

(j) The extent and duration of affordability to be provided;

(k) the quality of their fair housing plan if Community-based, and

(l) OHCS's experience with the project sponsor and its agents, representatives, employees, and contractors.

(8) Applicants who have received a LOCA in a previous year's allotment may not apply for AWHTC Program credits for the same project for a period of ten (10) years unless they apply for and are granted a waiver in writing by OHCS.

(9) Applicants who received a partial award in the latest allotment of AWHTC Program credits may apply for full funding in the next year's allotment without seeking a waiver.

Or. Admin. Code § 813-041-0015

OHCS 7-2001(Temp), f. & cert. ef. 12-13-01 thru 6-10-02; OHCS 1-2002(Temp), f. & cert. ef. 3-15-02 thru 6-10-02; OHCS 8-2002, f. & cert. ef. 6-6-02; OHCS 3-2009(Temp), f. & cert. ef. 12-15-09 thru 6-12-10; OHCS 6-2010, f. & cert. ef. 6-10-10; OHCS 33-2014, f. & cert. ef. 10-9-14; OHCS 23-2020, amend filed 12/18/2020, effective 12/18/2020; OHCS 19-2024, temporary amend filed 05/31/2024, effective 5/31/2024 through 11/26/2024; OHCS 28-2024, amend filed 08/27/2024, effective 9/2/2024

Statutory/Other Authority: ORS 315.167315.171 & 458.650

Statutes/Other Implemented: ORS 315.167