Or. Admin. Code § 813-120-0010

Current through Register Vol. 63, No. 11, November 1, 2024

Section 813-120-0010 - Definitions

All terms used in OAR chapter 813, division 120, are defined in the Act, in 24 C.F.R. Part 92, in 813-005-0005 and herein. As used in OAR chapter 813, division 120, unless the context indicates otherwise:

(1) "Adjusted Income" means a Family's annual income (as determined pursuant to 24 C.F.R. Sec. 92.203) less specified allowances determined by HUD, including allowances for dependents, elderly family members, handicapped or disabled members and child care expenses.

(2) "Administrative Costs" means allowable costs, as described in OMB Circular A-87, incurred by the Department in carrying out its eligible Program activities in accordance with prescribed regulations 24 CFR Part 58.

(3) "Applicant" means an individual or entity that has applied for HOME funds under the Program.

(4) "Commitment", when used in reference to a specific Project, means a commitment of HOME funds as outlined under 24 C.F.R. Sec. 92.2.

(5) "Community Housing Development Organization" or "CHDO" means a private nonprofit organization registered with the Oregon Secretary of State that meets the requirements as defined in 24 C.F.R. Sec. 92.2, has among its stated purposes the provision of decent and affordable housing for low- and moderate-income persons as evidenced in its charter, articles of incorporation or by-laws, has been designated tax-exempt under Section 501 (c) (3) or (4) of the Internal Revenue Code of 1986, ,as amended, maintains accountability to the low-income community by:

(a) Maintaining at least one-third of its governing board's membership for low-income community residents or elected representatives of low-income neighborhood organizations;

(b) Having not more than one-third of its governing board's membership be public officials and having not more than one-third of its governing board's membership directly or indirectly appointed by the State or a local government;

(c) Having not more than one-third of its governing board's membership directly or indirectly appointed by a for-profit entity;

(d) Providing a formal process for Program beneficiaries to advise the CHDO in design, siting, development, and housing management decisions;

(e) Having a demonstrated capacity to carry out the proposed activities funded by the Program;

(f) Having at least a one-year history of serving the community of the proposed Project or, for newly-created CHDOs formed by local churches, service organizations or neighborhood organizations, a parent organization that can satisfy such requirement; and

(g) After meeting the above requirements, has received official CHDO designation from the Department.

(6) "Consolidated Plan" means the plan for the State of Oregon approved by HUD which describes the needs, resources, priorities and proposed activities to be undertaken with respect to the HUD HOME Program in Oregon.

(7) "Displaced Person" means any person who moves involuntarily from real property or moves his or her personal belongings from the real property as a direct result of an activity undertaken with HOME fund assistance.

(8) "Expenditure of Funds" means the process of requesting the Department draw down HOME funds from the HOME Investment Trust Fund Account for a specific Project.

(9) "Family" is defined in 24 C.F.R. Sec. 5.403.

(10) "First-Time Homebuyer" means an individual and his or her spouse who have not owned a home during the three-year period prior to purchase of a home with assistance under the American Dream Downpayment Initiative (ADDI) as described in 24 CFR 92 Subpart M. The term "First-Time Homebuyer" means an individual who is a displaced homemaker or single parent as defined in 24 CFR 92.

(11) "For-Profit Organization" means an individually- or cooperatively-owned organization for profit, which is not a foreign corporation, incorporated under or subject to the provisions of ORS Chapter 60.

(12) "HOME" means HUD's HOME Investment Partnerships Program established by the HOME Investment Partnerships Act at Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, as amended, 42 U.S.C. § 12701 et seq.

(13) "HOME Agreement" means an agreement between the Department and Recipient setting forth the terms and conditions of the grant, loan or other disbursement of HOME funds by the Department to the Recipient.

(14) "HOME Investment Trust Fund Account" means the account established by the U.S. Treasury and managed through HUD's Integrated Disbursement and Information System for the Program.

(15) "Homeownership" means ownership in fee simple title or 99 year leasehold interest in a one- to four-unit dwelling or in a condominium unit, ownership or membership in a cooperative, or equivalent form of ownership approved by HUD. The ownership interest may be subject only to the restrictions on resale required under 24 C.F.R. Sec. 92.254(a), mortgages, deeds of trust, or other liens or instruments securing debt on the property as approved by the Department, or any other restrictions or encumbrances that do not impair the good and marketable nature of title to the ownership interest.

(16) "Household" means one or more persons occupying a housing unit.

(17) "HUD" means the U.S. Department of Housing and Urban Development.

(18) "Housing"means manufactured housing and manufactured housing lots, permanent housing for disabled homeless persons, transitional housing, single room occupancy housing, and group homes. Housing also includes elder cottage housing opportunity (ECHO) units that are small, free-standing, barrier-free, energy efficient, removable, and designed to be installed adjacent to existing single-family dwellings. Housing does not include emergency shelters (including shelters for disaster victims) or facilities, correctional facilities and student dormitories.

(19) "HUD Section 8 Housing Quality Standards" or "HQS" means those occupancy standards as contained in 24 C.F.R Sec. 982.401.

(20) "Integrated Disbursement and Information System" or "IDIS" means HUD's computerized disbursement and information system which disburses funds and collects and reports information on the use of HOME funds in the U.S. Treasury account and which shall apply to fiscal management in accordance with 24 C.F.R. § 92.502.

(21) "Layering" means the use of HOME funds with other federal funds which would result in excessive subsidy to a specific Project.

(22) "Local Partnership Program" means a local agency, approved for participation in the Program through the Department's Low Income Rental Housing Fund Program, to provide Tenant-Based Rental Assistance within aspecific geographical service area.

(23) "Low-Income " means annual Family income which does not exceed 80 percent of the median income for the area, as determined by HUD, with allowances for Family size.

(24) "Low-Income Neighborhood" means a Neighborhood in which at least 51 percent of its Households are Low-Income.

(25) "Match" means the mandatory use of non-federal sources pursuant to 24 C.F.R. Sec. 92.218 - 92.222.

(26) "Neighborhood" means a geographic location designated in comprehensive plans, ordinances, or other local documents as neighborhood, village, or similar geographical designation that is within the boundary but does not encompass the entire area of a unit of general local government. If the unit of general local government has a population under 25,000, the neighborhood may, but need not, encompass the entire area of a unit of general local government.

(27) "Nonprofit Organization" means an organization which is established under the provisions of ORS Chapter 65; a community development corporation as defined in 458.210; a housing authority as defined in 456.005(2); a community action agency as established by the Economic Opportunity Act of 1964 and 458.505(4); or other nonprofit entity (including an office, division or agency of a political subdivision) representing or seeking to serve the housing, human services and community economic revitalization needs of a clearly-defined population and area.

(28) "Program" means the Oregon HOME Investment Partnerships Program established under OAR chapter 813, division 120.

(29) "Project" means a site or sites together with any building (including a manufactured housing unit), or buildings located on the site(s) that are under common ownership, financing and management and are to be assisted with HOME funds as a single undertaking under the Program.

(30) "Project Completion" means all necessary construction, reconstruction and title transfer have been accomplished and in the Department's judgment complies with the requirements of OAR chapter 813, division 120, and applicable federal requirements, and the final drawdown for the Project has been disbursed and the Project completion report has been entered into HUD's IDIS.

(31) "Public Agency" means a state, county, municipality or other governmental entity. Nonprofit Organizations which are organized as public nonprofit corporations may also be considered Public Agencies.

(32) "Public Housing Agency" or "PHA" means any Public Agency that is authorized to engage in or assist in the development or operation of Low-Income housing.

(33) "Recipient" means any entity under contract with the Department to undertake activities funded by the Department's HOME Program. For the purposes of HOME Tenant-Based Rental Assistance, homebuyer assistance, and homeowner rehabilitation, a Recipient may include the tenant or homeowner receiving assistance.

(34) "Reconstruction" means the rebuilding, on the same lot, of housing standing on a site at the time of Project Commitment. The number of units may not decrease or increase but the number of rooms per unit may decrease or increase. Reconstruction also includes replacing an existing substandard unit of manufactured housing.

(35) "State Recipient" means a unit of general local government designated by the Department to administer HOME funds.

(36) "Subrecipient" means a Public Agency or Nonprofit Organization selected by the Department to administer or implement all or a portion of its HOME Program. Such an organization is not considered a Subrecipient if it receives HOME funds solely as a developer or owner of housing.

(37) "Tenant-Based Rental Assistance" is a form of assistance awarded to a Household to defray the costs of renting a housing unit. Assistance may include, but is not limited to, rent and security deposits. Assistance provided to a Household may be transferred to another housing unit as approved by the Local Partnership Program, or other agency providing Tenant-Based Rental Assistance, and the Department.

(38) "Transitional Housing" means housing that is designed to provide housing and appropriate supportive services to persons including, but not limited to, deinstitutionalized individuals with disabilities, homeless individuals with disabilities, and homeless families with children, and has as its purpose facilitating the movement of individuals and families to independent living within a time period that is set by the Department or Project owner before occupancy.

(39) "Very Low-Income" means annual income which does not exceed 50 percent of the median Family income for the area, as determined by HUD with allowances for Family size.

Or. Admin. Code § 813-120-0010

HSG 6-1992(Temp), f. & cert. ef. 6-15-92; HSG 10-1992, f. & cert. ef. 11-20-92; HSG 1-1993(Temp), f. & cert. ef. 2-19-93; HSG 3-1993, f. & cert. ef. 8-18-93; HSG 8-1994, f. & cert. ef. 9-9-94; HSG 3-1995, f. & cert. ef. 9-25-95; HSG 1-1997, f. & cert. ef. 4-15-97; OHCS 1-2008, f. & cert. ef. 1-28-08

Publications: Publications referenced are available from the agency.

Stat. Auth.: ORS 456.620

Stats. Implemented: ORS 456.559(1)(f)