Or. Admin. Code § 813-115-0030

Current through Register Vol. 63, No. 12, December 1, 2024

Section 813-115-0030 - Required Notices by Owner to OHCS and Other Qualified Purchasers

(1)First notice. The owner of a participating property must provide OHCS and any qualified purchaser of the participating property timely notice of expiration of affordability restrictions as outlined in ORS 456.260.

(2)Second notice. In addition to the notice identified in subsection (1) above, the owner must provide OHCS and any other qualified purchaser of the participating property timely notice of the owner's request to withdraw the participating property from publicly supported housing as outlined in ORS 456.260.

(3) The notices identified in subsections (1) and (2) above:

(a) Must be on a form as prescribed and provided by OHCS. The owner must deliver the notice electronically through an OHCS approved database, by electronic certified email, or by registered or certified mail. Electronic or regular mail without certification is not an acceptable delivery format and,

(b) Are deemed effective three days after the date any such notice is sent by electronic delivery, by registered or certified mail with return receipt, or in other delivery format prior approved by OHCS. Electronic or regular mail without certification is not an acceptable format for submittal.

(4) When applicable, a pending additional affordability restriction or extension of an affordability restriction term with OHCS, HUD, or USDA Rural Development may serve as proof of the owner's intent to preserve the participating property in lieu of the above notices in subsections (1) and (2) above. In such applicable cases, OHCS may inform the owner and waive the notice requirements.

(5) OHCS may, at its sole discretion, provide extensions to deadlines for delivery of the notices identified in subsections (1) and (2) above.

(6) OHCS may, at its sole discretion, on a participating-property basis, waive the notice requirements under subsections (1) and (2) above for property owners that are local governments or housing authorities.

Or. Admin. Code § 813-115-0030

OHCS 12-2018, adopt filed 09/04/2018, effective 9/4/2018; OHCS 6-2020, temporary amend filed 03/25/2020, effective 03/25/2020 through 09/20/2020; OHCS 10-2020, amend filed 05/21/2020, effective 5/21/2020; OHCS 20-2022, amend filed 08/16/2022, effective 8/18/2022; OHCS 1-2024, amend filed 01/05/2024, effective 1/5/2024

Statutory/Other Authority: ORS 456.258

Statutes/Other Implemented: ORS 456.250-456.265