OAR 813 § 813-310-0065
Exemptions
Operative Text
The Department shall exempt new rental housing that is a subsidized development from compliance with the requirements of OAR 813-310 if the Department determines that the exemption is warranted by: (1) The topography at the construction site. An exemption or partial exemption from these rules may be considered where topography or other considerations (flood plains, conservation areas) are determined by the Department to make compliance impracticable. Undue expense resulting from adjustments to accepted construction methods arising from specific site conditions might also qualify for an exemption. For example, providing both an exterior visitable route and adequate drainage at the building perimeter on a flat site may require unusual foundation design that unreasonably adds to project cost. (2) Community and design standards. Community and design standards, refer to local government development codes or to previously adopted and binding CCRs (covenants, conditions and restrictions). They do not refer to neighborhood or project management design preferences. Where possible, projects should adapt to meet the community and design standards and all visitability requirements. If new community and design standards are imposed after a project has already been submitted for funding by the Department and the Department determines that the new standards conflict with the visitability requirements of this division, an exemption may be granted for the project. (3) Undue costs or constraints (see the definitions at OAR 813-310-0020(19) and (20)); or (4) Conflicting funding requirements of another government agency if the agency contributes a significant amount of financial aid for the housing (see the definition at OAR 813-310-0020(16)).
OAR 813 § 813-310-0065 establishes the conditions under which Oregon's Department of Housing and Community Services may release a subsidized new rental housing development from the visitability requirements otherwise imposed by OAR 813-310. Four grounds can support an exemption: site topography or physical constraints that make compliance impractical, binding community or design standards (such as local codes or pre-existing CCRs) that conflict with visitability rules, undue costs or constraints as defined in the division, or conflicting requirements imposed by another government agency that contributes significant funding. The exemption is not automatic—the Department must affirmatively determine that one of these grounds is warranted before compliance is waived. Partial exemptions are also possible where only some requirements are impracticable to meet.
Plain English — not legal advice.
Developers and property managers overseeing subsidized new rental housing in Oregon should be aware that OAR 813 § 813-310-0065 provides a formal pathway to seek relief from visitability requirements when specific, documented circumstances apply. Compliant operators typically gather objective evidence—such as engineering assessments of site topography, copies of binding CCRs, cost analyses demonstrating undue expense, or written requirements from co-funding agencies—before submitting an exemption request to the Department. Because the exemption applies only to subsidized developments and requires a Department determination, operators generally initiate the request early in the project timeline, before funding submissions are finalized, to avoid delays.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants and prospective tenants of subsidized rental housing in Oregon should know that OAR 813 § 813-310-0065 allows the Department to waive visitability requirements only under specific, limited circumstances—not simply because a landlord or developer finds compliance inconvenient. If a development has been granted an exemption and you believe the grounds were not properly established, you may contact the Oregon Department of Housing and Community Services to inquire about the basis for the exemption determination. Tenant-rights organizations and legal aid providers familiar with Oregon housing law can help you understand whether an exemption was appropriately applied and what options may be available to you.
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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