ORS § 456.250

Current through 2024 Regular Session legislation effective April 17, 2024

Section 456.250 - Definitions for ORS 456.250 to 456.267

As used in this section and ORS 456.255 to 456.267:

(1)

(a) "Affordability restriction" means a limit on rents that a property owner may charge at a participating property or a limitation on the use of a participating property as set forth in a contract.

(b) "Affordability restriction" does not include the requirements under ORS 456.267.

(2) "Contract" means a written agreement entered into by a property owner under which a participating property becomes publicly supported housing that is subject to an affordability restriction. "Contract" includes, but is not limited to, a deed restriction, loan agreement, operating agreement or any other written agreement that results in an affordability restriction being placed on the property.

(3) "Local government" means a city, county, public corporation or metropolitan service district.

(4) "Participating property" means property that is the subject of a contract by which the property becomes publicly supported housing that is subject to an affordability restriction and that is not eligible for withdrawal under ORS 456.262 (4).

(5) "Property owner" or "owner" means the owner or long-term lessee of a participating property, including a third-party purchaser of a property not eligible for withdrawal under ORS 456.262(4).

(6)

(a) "Publicly supported housing" means a multifamily rental housing development of five or more units that receives or benefits from government assistance under:

(A) A contract for rent assistance from the United States Department of Housing and Urban Development, the United States Department of Agriculture or the Housing and Community Services Department that contains an affordability restriction; or

(B) A contract that is for any other type of government assistance or subsidy that includes an affordability restriction and that is identified in rules adopted by the Housing and Community Services Department.

(b) "Publicly supported housing" does not include a multifamily rental housing development:

(A) For which the development or developer receives only a construction excise tax waiver, a system development charge waiver, a fee waiver or a property tax abatement;

(B) That is part of an inclusionary housing program as defined by local government and authorized under ORS 197A.465;

(C) That receives tenant-based federal rent subsidy payments under the Housing Choice Voucher Program authorized by 42 U.S.C. 1437f;

(D) That receives project-based rental assistance vouchers administered by a housing authority under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f (o)(13)); or

(E) That receives tenant vouchers from the United States Department of Agriculture under section 542 of the Housing Act of 1949 (42 U.S.C. 1471).

(7) "Qualified purchaser" means a local government entitled to receive notices under ORS 456.260, the Housing and Community Services Department or a designee appointed by the department under ORS 456.262.

(8) "Termination date" means the date upon which the affordability restrictions expire and the property is withdrawn from publicly supported housing as allowed under ORS 456.255 to 456.267 and the contract or expiration of the contract.

(9) "Third party" means a party that is not a qualified purchaser and that has made an offer to purchase, or has purchased, a participating property from a property owner.

ORS 456.250

Amended by 2023 Ch. 389, § 5, eff. 7/27/2023.

Amended by 2021 Ch. 56, § 1, eff. 1/1/2022.

Amended by 2019 Ch. 571, § 1, eff. 1/1/2020.

Amended by 2017 Ch. 608, § 1, eff. 10/6/2017, op. 1/1/2018.

1999 c.275 §1

Section 10, chapter 56, Oregon Laws 2021, provides:

Sec. 10. (1) The amendments to ORS 456.250, 456.258, 456.260, 456.262, 456.263 and 456.265 by sections 1 to 5 and 9, chapter 56, Oregon Laws 2021, and sections 5 to 9 of this 2023 Act apply to participating properties with a termination date on or after July 1, 2024.

(2) ORS 456.259, sections 2 [456.267] and 3 [456.261] of this 2023 Act and the amendments to ORS 456.264 by section 8, chapter 56, Oregon Laws 2021, and section 10 of this 2023 Act apply to participating properties with a termination date on or after the effective date of this 2023 Act [July 27, 2023], except that if the termination date is earlier than 20 months after the effective date of this 2023 Act:

(a) The notices required under ORS 456.259 (3) and (4) must be given no later than 30 days after the effective date of this 2023 Act.

(b) An owner's failure to comply with ORS 456.259 (3) or (4) by the deadline in paragraph (a) of this subsection may be remedied only by a tenant's recovery of damages, costs and attorney fees as described in ORS 456.264, but does not require an extension of the termination date under ORS 456.259 (5). [2021 c. 56, § 10; 2023 c. 389, § 11]

456.250 to 456.267 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.