ORS § 456 § 456.766
Definitions for ORS 456.766 to 456.828.
Operative Text
As used in ORS 456.766 to 456.828: (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 456.792. (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 456.814 (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 456.814 (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 456.781, the Housing and Community Services Department or a designee appointed by the department under ORS 456.814. (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 456.766 to 456.828 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 § 456.766 establishes the foundational vocabulary for Oregon's publicly supported housing preservation statutes (ORS 456.766 to 456.828). It defines key terms such as 'affordability restriction,' 'participating property,' 'publicly supported housing,' and 'qualified purchaser,' which govern how rent limits and use restrictions are applied to multifamily rental properties receiving government assistance. The definitions also clarify which types of properties and assistance programs fall outside the scope of these rules, such as properties receiving only tax waivers or those participating in the Housing Choice Voucher Program.
Plain English — not legal advice.
Property owners whose multifamily rental developments (five or more units) receive government rent assistance or subsidies subject to an affordability restriction should understand that ORS § 456.766 defines the terms that determine whether their property qualifies as 'publicly supported housing' under ORS 456.766 to 456.828. Compliant operators typically review their written contracts—including deed restrictions, loan agreements, and operating agreements—to determine whether an affordability restriction applies and whether their property meets the definition of a 'participating property.' Understanding these definitions helps owners anticipate obligations related to notice requirements, sale procedures, and termination dates under the broader statutory framework.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in multifamily rental housing that receives government assistance may be protected by the affordability and use restrictions defined in ORS § 456.766, which anchors the protections found throughout ORS 456.766 to 456.828. These definitions help determine whether a property qualifies as 'publicly supported housing' and is therefore subject to rent limits and other contractual obligations that can affect tenant stability. Tenants who want to understand whether their building falls under these protections can consult a local tenant-rights organization or contact the Oregon Housing and Community Services Department for guidance on how these definitions apply to their housing situation.
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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