Or. Admin. Code § 813-205-0030

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

Section 813-205-0030 - Eligible Applicants

(1) LIWAP services shall be made available to low-income households who meet eligibility requirements as outlined in the USDOE State Plan.

(2) A household is eligible for LIWAP regardless of whether the household rents or owns its dwelling unit. If the dwelling unit is a rental, the dwelling owner must give permission to proceed with LIWAP services (see OAR 813-205-0060). Households in similar circumstances must receive similar benefits.

(3) For multifamily dwellings:

(a) A subgrantee may weatherize a duplex, or a single building with two separate dwelling units, if 50% of the occupying households are eligible for LIWAP services.

(b) A subgrantee may weatherize a triplex, or a single building with three separate dwelling units, if 66% of the occupying households are eligible for LIWAP services.

(c) A subgrantee may weatherize a fourplex, or a single building with four separate dwelling units, if 50% of the occupying households are eligible for LIWAP services.

(d) A subgrantee may weatherize a multiplex, or a single building with five or more separate dwelling units, if 66% of the occupying households are eligible for LIWAP services. A subgrantee may weatherize a multiplex if 50% of the occupying households are eligible only when the subgrantee receives permission from OHCS and provides proof that 10% of the total cost of weatherization is leveraged from landlords, utilities, or other sources.

(4) A subgrantee must provide assurances to OHCS that:

(a) The subgrantee complies with any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973.

(b) No person shall, on the grounds of race, color, religion, national origin, sex, disability, familial status, sexual orientation, gender identiy, marital status, or source of income, be excluded from participation in, be denied the benefits of, or be subjected to discrimination for any activity funded in whole or part with LIWAP funds.

(5) A subgrantee must create and maintain a waiting list for all households applying for LIWAP services. All priorities must be weighted equally and have approval from OHCS. Priorities of households on the waiting list must include, but are not limited to:

(a) Individuals who are 60 years of age or older;

(b) Persons with disabilities, or persons who have at least one physical or mental impairment that substantially limits one or more major life activities;

(c) Households with children of less than 19 years of age;

(d) Households with high residential energy use; or

(e) Households with high energy burden, or the percentage of household income that goes towards energy costs.

(6) Priorities for the waiting list must be applied consistently for all households, except with respect to any OHCS-sanctioned special projects in which the subgrantee is involved. A subgrantee's criteria may include factors that encourage leveraging additional resources or the potential for increased energy savings.

Or. Admin. Code § 813-205-0030

OHCS 9-2002(Temp), f. & cert. ef. 6-19-02 thru 12-15-02; OHCS 19-2002, f. & cert. ef. 12-13-02; OHCS 13-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07; OHCS 6-2007, f. & cert. ef. 1-11-07; OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13; OHCS 20-2013, f. & cert. ef. 12-18-13; OHCS 20-2018, amend filed 12/21/2018, effective 12/21/2018; OHCS 38-2019, amend filed 12/18/2019, effective 12/18/2019

Statutory/Other Authority: ORS 456.555

Statutes/Other Implemented: ORS 458.505, ORS 757.612 & 10 CFR 440