ORS § 456 § 456.781
Termination date notice to government; extension for failure to give timely notice; waiver.
Operative Text
(1) The owner of a participating property shall deliver notice in a format prescribed by the Housing and Community Services Department, including by electronic delivery or by registered or certified mail, to each local government within which the participating property is located and to the department no sooner than 36 months prior and at least 30 months prior to the termination date when: (a) A contract term will expire, permitting the owner to withdraw the participating property from publicly supported housing or limit affordability restrictions on the property; or (b) The owner intends to withdraw the participating property from publicly supported housing. (2) The property owner shall deliver a second notice to each entity entitled to notice under subsection (1) of this section, no sooner than 30 months prior and at least 24 months prior to the termination date. (3) If a notice is not delivered timely, the property owner shall: (a) Extend the termination date until no earlier than the latter of the date that is 30 months after delivery of the notice under subsection (1) of this section or 24 months after delivery of the notice under subsection (2) of this section; and (b) Provide notice of the extension to the department, each local government that is entitled to notice under this section and each tenant that is entitled to notice under ORS 456.788 (3) or (4). (4) A local government may: (a) Establish and impose any fine, penalty, tax, fee, charge or assessment upon the owner of participating property for failure to comply with local regulations adopted to implement the provisions of subsection (1) or (2) of this section. (b) Make application to the department requesting that a local subsidy program be included in the definition of publicly supported housing, as long as the program otherwise complies with and is not excluded from the definition of publicly supported housing. (5) Any notices delivered under subsection (1) or (2) of this section must specify whether the owner: (a) Intends to withdraw the participating property from publicly supported housing. (b) Intends to convert the participating property to a nonparticipating use. (c) Is involved in negotiations with the United States Department of Housing and Urban Development, the Housing and Community Services Department or any other individual or entity regarding an extension of an expiring contract. (6) The department may, by rule or on an individual basis, waive the notice requirements under subsections (1) and (2) of this section for property owners that are local governments or housing authorities.
ORS § 456.781 establishes a two-stage advance-notice requirement when the owner of a publicly supported housing property plans to let an affordability contract expire or to withdraw the property from publicly supported housing. The first notice must be delivered between 36 and 30 months before the termination date, and a second notice must follow between 30 and 24 months before that date; both go to the Oregon Housing and Community Services Department and to each local government where the property sits. If either notice arrives late, the termination date is automatically pushed out to allow the full notice window to run, and the owner must then inform the department, affected local governments, and tenants of that extension.
Plain English — not legal advice.
Owners of participating properties subject to ORS § 456.781 generally maintain a compliance calendar that triggers the first notice no later than 30 months—and no earlier than 36 months—before any anticipated termination date, using the format prescribed by the Housing and Community Services Department, including electronic or certified-mail delivery. A second notice is then sent in the window between 30 and 24 months out, addressed to the same recipients. Operators also confirm that each notice specifies the owner's intentions—whether to withdraw, convert to a nonparticipating use, or pursue a contract extension with HUD or the department—because missing or incomplete notices can automatically extend the termination date and expose the property to locally imposed fines or penalties under subsection (4).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 456.781 is primarily a government-to-government and owner-to-agency notice rule, but it has direct consequences for tenants: if an owner fails to give timely notice, the termination date must be extended, and tenants entitled to notice under ORS 456.788(3) or (4) must be informed of that extension. Tenants living in participating properties can ask local housing authorities or the Housing and Community Services Department whether the required notices were filed on time and whether any extension applies to their building. Tenant-rights organizations and legal aid offices familiar with Oregon affordable-housing law can help residents understand what these notice timelines mean for 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.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
No inbound references recorded yet for this provision.