2021 Oregon Revised Statutes
Chapter 456 - Housing
Section 456.625 - Powers of department; status of terms of housing project use contained in recorded instruments; fees.


(1) Undertake and carry out studies and analyses of housing needs within the state and ways of meeting such needs and make the results of such studies and analyses available to the public, qualified housing sponsors and the private housing sector.
(2) Prepare proposals on measures it considers necessary to address administration, housing programs or community services programs.
(3) With the approval of the Oregon Housing Stability Council, assess fees, charges or interest in connection with housing programs.
(4) Encourage community organizations to assist in initiating housing projects for persons and families of lower income.
(5) Encourage the salvage of usable housing scheduled for demolition or dislocation because of highway, school, urban renewal or other public projects by seeking authority for the public agencies involved in such programs to use the funds provided for the demolition or relocation of such buildings to enable qualified housing sponsors to relocate and rehabilitate such buildings for use by persons and families of lower income.
(6) Encourage research and demonstration projects to develop techniques and methods for increasing the supply of adequate, decent, safe and sanitary housing for persons and families of lower income.
(7) Make or participate in the making of residential loans to qualified individuals or housing sponsors to provide for the acquisition, construction, improvement, rehabilitation or permanent financing of residential housing or housing development; undertake commitments to make residential loans; purchase and sell residential loans at public or private sale; modify or alter such mortgages or loans; foreclose on any such mortgage or security interest or commence any action to protect or enforce any right conferred upon the department by any law, mortgage, security, agreement, contract or other agreement and to bid for and purchase property that is subject to such mortgage or security interest at any foreclosure or other sale; acquire or take possession of any such property and complete, administer, conserve, improve and otherwise use the property to accomplish the department’s purposes, pay the principal and interest on any obligations incurred in connection with such property and dispose of such property in such manner as the department determines necessary to protect its interests under ORS 456.515 to 456.725 and ORS chapter 458.
(8) Unless specifically exempted by the State Treasurer, deposit with the State Treasurer any funds held in reserve or sinking funds under ORS 456.515 to 456.725 and ORS chapter 458 and any other moneys not required for immediate use or disbursement by the department, subject to the provisions of any agreement with holders of bonds entered into prior to October 15, 1983.
(9) Advise and assist in the creation of any nonprofit housing corporation, consumer housing cooperative or limited dividend housing sponsor and give approval of the articles of incorporation and bylaws of any such organization in carrying out ORS 456.515 to 456.725.
(10) Cooperate with and exchange services, personnel and information with any federal, state or local governmental agency.
(11) With the approval of the State Treasurer, contract for the services of and consultation with trustees, investment and financial advisors, paying agents, remarketing agents and other professional persons or organizations in carrying out ORS 456.515 to 456.725 and ORS chapter 458.
(12) Contract for, act on or perform any other duties that the department considers necessary or appropriate to carry out housing programs and community services programs, including but not limited to contracting to provide compliance monitoring or other administrative functions with respect to housing developments and affordable housing, whether or not the housing developments or affordable housing receives department funding and whether or not the housing developments or affordable housing is located within this state. For purposes of this subsection, "affordable housing" has the meaning given that term in ORS 456.055.
(13) Purchase, service, sell and make commitments to purchase, service and sell residential loans to the extent permitted by ORS 456.635 and 456.640 (1) to (3).
(14) Initiate or assist appropriate state agencies, governmental bodies and public or private housing sponsors in the development, construction, acquisition, ownership, leasing, rehabilitation or management of housing to carry out the purposes of ORS 456.515 to 456.725 and ORS chapter 458 where such housing is not otherwise affordable or available in the area.
(15) Execute and record written instruments that contain terms, including but not limited to restrictive covenants or equitable servitudes, pertaining to the use and enjoyment of housing projects. Notwithstanding any other provision of law, the executed instruments shall constitute and create restrictive covenants affecting and running with the property according to the terms of the instruments when recorded in the records of the county where the property is located. County clerks shall accept the instruments for recording when presented by or on behalf of the department.
(16) Subject to the provisions of any agreement then existing with bondholders, make available funds by contract, grant, loan or otherwise, including loan guarantees, insurance or other financial leveraging techniques, from moneys made available by the department to carry out the purposes of ORS 456.515 to 456.725, if such moneys are not needed for the operations of the department or otherwise determined by the Director of the Housing and Community Services Department to be a necessary or prudent reserve.
(17) With the approval of the Oregon Housing Stability Council, award grants to private or public entities to support or develop programs that build on successful strategies that help individuals obtain and retain housing, including through:
(a) Tenant education services for low-income tenants, including Rent Guarantee Program training under ORS 456.608 (3);
(b) Fair housing training for tenants and landlords;
(c) Technological innovations that help low-income individuals find and access available rental housing; and
(d) Other education, services or resources for low-income tenants and prospective tenants and for landlords who serve low-income tenants. [1973 c.828 §6; 1975 c.154 §8; 1979 c.60 §3; 1979 c.327 §6; 1981 c.504 §7; 1981 c.691 §2; 1983 c.519 §2; 1985 c.501 §3; 1987 c.567 §2; 1989 c.307 §6; 1991 c.739 §7; 1995 c.79 §252; 1999 c.1074 §3; 2001 c.738 §4; 2007 c.607 §18; 2007 c.783 §199; 2010 c.4 §1; 2015 c.180 §12; 2019 c.641 §1]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 13 - Housing, Games, Environment

Chapter 456 - Housing

Section 456.005 - Definitions for ORS chapters 456 and 458.

Section 456.055 - Definitions for ORS 456.055 to 456.235.

Section 456.060 - Definition of "area of operation"; intergovernmental agreements.

Section 456.065 - Definition of "housing project."

Section 456.070 - Declaration of necessity for establishment of housing authorities.

Section 456.080 - Determination of need for housing authority.

Section 456.090 - Sufficiency of resolution; copy as evidence.

Section 456.095 - Appointment and qualification of commissioners of housing authorities.

Section 456.100 - Terms and compensation of commissioners.

Section 456.105 - Organization; officers; quorum; employees; legal services.

Section 456.115 - Commissioners and employees may not have interest in project other than as tenant; disclosure of interest; duty to act as prudent person.

Section 456.120 - Powers of housing authority as public corporation.

Section 456.125 - Research, planning, construction and operation of housing projects.

Section 456.128 - Housing authority intellectual property.

Section 456.130 - Investigations, hearings and recommendations of authority.

Section 456.145 - Eminent domain.

Section 456.150 - Housing projects subject to local laws; consideration of other programs.

Section 456.153 - Involvement in mixed income housing project.

Section 456.155 - Policy regarding profit from projects; reserves.

Section 456.160 - Limitations as to rentals.

Section 456.180 - Liability on bonds; debt limitation.

Section 456.200 - Powers of authority in securing payment of bonds or lease obligations.

Section 456.202 - Short-term bond anticipation notes.

Section 456.205 - Enforcing rights of obligee of an authority.

Section 456.210 - Power of authority to confer additional rights upon obligee.

Section 456.215 - Financial aid and cooperation of federal government.

Section 456.235 - Dissolution of housing authorities.

Section 456.250 - Definitions for ORS 456.250 to 456.265.

Section 456.255 - Legislative findings.

Section 456.258 - Applicability; interpretation; rules.

Section 456.259 - Withdrawal notice to tenants.

Section 456.260 - First withdrawal notice to department and local government.

Section 456.262 - Second withdrawal notice; designation of qualified purchaser; right of first refusal.

Section 456.263 - Right of first refusal; matching offer; third-party sale.

Section 456.264 - Remedy for failure to give notice.

Section 456.265 - Sanctions against withdrawing property owner prohibited.

Section 456.270 - Definitions for ORS 456.270 to 456.295.

Section 456.275 - Legislative findings.

Section 456.280 - Covenant creation, effect, conveyance, duration and termination.

Section 456.285 - Permissible provisions.

Section 456.290 - Validity of covenant.

Section 456.295 - Action affecting covenant.

Section 456.305 - Definitions for ORS 456.305 to 456.325.

Section 456.310 - Purpose; additional powers.

Section 456.315 - Powers of state public bodies in aiding or cooperating on housing projects.

Section 456.320 - Donations and loans to housing authority.

Section 456.355 - Definitions for ORS 456.355 to 456.370.

Section 456.360 - Purpose; additional powers.

Section 456.365 - Powers of city or county in aiding or cooperating on housing projects.

Section 456.375 - Definitions for ORS 456.375 to 456.390.

Section 456.378 - Housing Choice Landlord Guarantee Program; application; deadlines; rules.

Section 456.385 - Housing Choice Landlord Guarantee Program Fund.

Section 456.390 - Annual report regarding participation of housing authorities in Housing Choice Voucher Program; annual review; Statewide Housing Choice Advisory Committee.

Section 456.403 - Housing and Community Services Department support for manufactured dwelling parks and marinas.

Section 456.407 - Policy encouraging settlement of disputes.

Section 456.418 - Special assessment; lien; collection.

Section 456.426 - Functions of manufactured dwelling site information clearinghouse.

Section 456.429 - Scope of information collected.

Section 456.433 - Funding of clearinghouse.

Section 456.500 - Legislative findings; required notice of loan maturity; mailing; consequences of failure to provide notice.

Section 456.502 - Affordable Housing Land Acquisition Revolving Loan Program; rules.

Section 456.506 - Findings.

Section 456.508 - Definitions for ORS 456.510 and 456.513.

Section 456.510 - Visitability requirements.

Section 456.513 - Exemption from visitability requirements.

Section 456.514 - Rules.

Section 456.515 - Definitions for ORS 456.515 to 456.725 and ORS chapter 458.

Section 456.539 - Administration of Elderly and Disabled Housing Fund; rules.

Section 456.540 - Requirements for elderly housing project upon retirement of bond obligations.

Section 456.541 - Project applications for housing serving persons with disabilities.

Section 456.543 - Elderly and Disabled Housing Sinking Fund.

Section 456.548 - Definitions for ORS 456.548 to 456.725.

Section 456.550 - Policy.

Section 456.555 - Housing and Community Services Department established; appointment of director; duties of Oregon Housing Stability Council and community action partnership; rules; fees.

Section 456.559 - Powers and duties of department.

Section 456.561 - Loans, grants and funding awards; review.

Section 456.562 - Department intellectual property; fees.

Section 456.567 - Oregon Housing Stability Council; appointment; term; officers; compensation; staff; budget duties.

Section 456.569 - Authority of Housing and Community Services Department to require fingerprints.

Section 456.571 - Powers and duties of council.

Section 456.572 - State housing plan; contents; annual update.

Section 456.574 - Housing and Community Services Department Revolving Account; use of moneys; appropriation.

Section 456.576 - Self-Sufficiency Housing Fund.

Section 456.578 - Use of funds; petty cash fund.

Section 456.579 - Manufactured Dwelling Parks Account; restrictions; other moneys.

Section 456.581 - Uses of Manufactured Dwelling Parks Account; rules.

Section 456.582 - Prohibited acts; civil penalty.

Section 456.585 - Agriculture workforce housing information.

Section 456.586 - Rent-burdened households information; city housing affordability survey; public meeting; rules.

Section 456.587 - Electricity Public Purpose Charge Fund; Low-Income Electric Bill Payment Assistance Fund.

Section 456.593 - Use of bonds for single-family home loans in Portland; amount; income and area limits; fees and charges.

Section 456.594 - Definitions.

Section 456.595 - Petroleum supplier assessment; computation; effect of failure to pay; interest.

Section 456.597 - Oil-Heated Dwellings Energy Account.

Section 456.599 - Rules.

Section 456.605 - Mortgage credit certificate program.

Section 456.607 - Definitions.

Section 456.608 - Rent Guarantee Program; rules.

Section 456.609 - Rent Guarantee Program Fund.

Section 456.612 - Declaration of financing purpose.

Section 456.620 - Duties of department in carrying out housing programs.

Section 456.623 - Project funding notification registry.

Section 456.625 - Powers of department; status of terms of housing project use contained in recorded instruments; fees.

Section 456.630 - Services to qualified sponsors and institutions.

Section 456.635 - Commitments on residential loans.

Section 456.640 - Purchase of residential loans.

Section 456.645 - Revenue bonds.

Section 456.655 - When bonds not to be issued; debt service reserve; bond declaration.

Section 456.661 - Limitation on revenue bond amount; legislative findings; designation of areas for issuance of qualified mortgage bonds.

Section 456.665 - Status of revenue bonds; negotiability; interest tax-exempt.

Section 456.675 - Bond provisions and limits; security for payment.

Section 456.685 - Bondholders’ remedies.

Section 456.690 - Loan authority of department; rules.

Section 456.692 - Loans financed through bonds secured by specific properties.

Section 456.697 - Restrictions on use of financing provided by department; regulation of housing sponsor; security interests.

Section 456.705 - Servicing loans.

Section 456.710 - Payment of advances; use thereof; limitations.

Section 456.715 - Insurance of loans.

Section 456.717 - Interim construction financing for multifamily housing.

Section 456.720 - Housing Finance Fund; Housing Development Account.

Section 456.722 - Preferences in funding grants to low-income housing providers; rules.

Section 456.723 - Legislative finding on bonding authority of department.

Section 456.725 - Discrimination against purchaser with children prohibited; exceptions; rules.