OAR 813 § 813-115-0010

Terms used throughout this Division (OAR 813-115) may be defined in Oregon Revised Statute (ORS 456.766) or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions, except as defined below:

(1) “Affordable rental housing” means dwelling units that are rented with or without government assistance to households that earn 80 percent or less of area median income as determined by OHCS using United States Department of Housing and Urban Development information or that otherwise meet the definition of publicly supported housing found in ORS 456.766(6).

(2) “Designee” means a person or entity, appointed by OHCS through a written agreement, who acts as a qualified purchaser of the participating property on OHCS’ behalf, they are a party to a notice of right of first refusal executed by OHCS under ORS 456.814.

(3) “Property” as used within the definition of “participating property” in ORS 456.766 means a multifamily rental housing development, which includes one or more buildings, may have an associated common area, and may be located on a consolidated or scattered site.

(4) "Prospective tenant" means any person that has expressed interest in renting or leasing a property and is being considered by the landlord or property manager, but has not yet signed a lease or rental agreement.

(5) “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 any direct development subsidy or General Housing Account Program (GHAP) subsidy program that has affordability restrictions required by it by the Housing and Community Services Department.

(6) “Safe harbor” as used in ORS 456.788(2)(b) means that for residential tenancies that existed on the termination date of a contract with OHCS, and beginning on the termination date and lasting for a period of three years, the owner or landlord of formerly publicly supported housing:

(a) May not terminate the tenancy under ORS 90.427(3)(b), (4)(b) or (5).

(b) May not provide a rent increase notice more than once in a calendar year.

(c) Shall comply with ORS 90.323 and with requirements adopted by OHCS and applicable to affordable rental housing managed by OHCS that govern rent increases, including requirements related to rent increase limits, required notices or approval or review by OHCS.