OAR 813 § 813-009-0035
Waiver
Operative Text
The Director, with the concurrence of the Council, may waive or modify any requirements of OAR 813, division 009, unless such waiver or modification would violate applicable state or federal law.
Under OAR 813 § 813-009-0035, the Director of the Oregon Housing and Community Services Department, acting with the approval of the Council, holds authority to waive or modify any requirement found within OAR 813, division 009. This flexibility is not unlimited — any waiver or modification that would conflict with applicable state or federal law is prohibited. The provision essentially builds a structured exception mechanism into the division's regulatory framework.
Plain English — not legal advice.
OAR 813 § 813-009-0035 means that the rules governing division 009 are not entirely rigid; a compliant operator who faces an unusual circumstance may find that the Director and Council have the authority to adjust applicable requirements. Property owners and managers generally document their situations thoroughly when seeking any administrative accommodation under this division. Because waivers must still comply with state and federal law, operators typically verify that any modification granted does not conflict with broader legal obligations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
OAR 813 § 813-009-0035 establishes that tenants and other parties are subject to a regulatory framework that can be officially adjusted by the Director and Council, meaning the specific requirements of division 009 may not always apply in their standard form. Tenants who believe a waiver or modification has affected their rights under this division can inquire with the Oregon Housing and Community Services Department to understand what, if any, changes are in effect. Tenant-rights organizations can also help individuals understand how an approved waiver might interact with other state or federal protections that remain in force regardless of any modification.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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