Or. Admin. Code § 813-043-0040

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

Section 813-043-0040 - Application Procedure and Requirements

(1) OHCS may provide guarantees, subject to the availability of program funds, through a process which may include a first come, first reviewed application or a competitive review process. OHCS shall detail eligible uses of the Loan Guarantee Program and its parameters annually in program materials and application, as developed in consultation with Housing Stability Council.

(2) The applicant(s) shall submit an application form that may include, but are not limited to the following:

(a) A written description of the project including, but not limited to, the number of units, unit mix, proposed rents, site location, the proposed program of services to occupants and the availability of these services in the future, project amenities, and any other information pertinent to the project;

(b) A statement of project purpose indicating the housing type and tenants to be housed, and the length of time the units will be committed to be available for Moderate, Low, or Very Low income households;

(c) A proforma of project expenses and income. Projects including commercial space may be required to provide additional information;

(d) The loan guarantee amount requested and total project development costs, including a description of all additional project funding and funding sources;

(e) A description of the sponsor/developer/owner/manager experience in developing and operating housing projects;

(f) A non-refundable application fee; and

(g) Such other documentation as OHCS may require.

(3) The application will be evaluated through a process prescribed by OHCS in the Loan Guarantee Program Manual. The application will be subject to evaluation by OHCS according to criteria that may include, but are not limited to the following:

(a) Completeness, level of detail and accuracy of the information included in the application;

(b) The eligibility of the applicant and of the proposed project for the Loan Guarantee Program;

(c) The viability of the project, including as reflected in the estimated eligible costs and other support funding as appropriately documented;

(d) Such other criteria established by OHCS, including but not limited to those described in the applicable solicitation.

(4) In the event that OHCS adopts a competitive application process, a loan guarantee may be given preference based on:

(a) Providing the greatest number of Moderate, Low and Very Low Income housing units for the least amount of account funds;

(b) Ensuring the longest possible use as Moderate, Low or Very Low Income housing units;

(c) If the housing proposed is multi-family rental housing, including a program of services for occupants of proposed housing including, but not limited to, programs that address home health care, mental health services, alcohol and drug treatment and post-treatment care, child care or case management;

(d) Other criteria as determined by OHCS including, but not limited to:

(A) Providing housing for a workforce, where a critical need for housing such a workforce exists in the community;

(B) Providing housing for specific populations which have historically faced barriers in finding housing.

(5) Any application that fails to meet the standards established by OHCS in the Loan Guarantee Program requirements or the Loan Guarantee Program NOFA, may, at OHCS' discretion, be denied a loan guarantee. Any project denied a loan guarantee may not apply for a loan guarantee again for 365 days from their denial notice. Reasons for application denial may include, but are not limited to:

(a) The structure contains a commercial component that is excessive in scope or that is of a type incompatible with residential housing;

(b) The project's budget sources and uses do not balance with the income affordability levels necessary to meet the Loan Guarantee Program requirements; or

(c) The project's sponsor/developer/owner/manager is unable to demonstrate an ability to develop, own, operate, maintain, and/or manage the proposed project.

Or. Admin. Code § 813-043-0040

HSG 4-1991(Temp), f. & cert. ef. 10-10-91; HSG 4-1992, f. & cert. ef. 4-28-92; HSG 6-1994, f. & cert. ef. 9-9-94; OHCS 33-2024, amend filed 09/11/2024, effective 9/16/2024

Statutory/Other Authority: ORS 458.600 - 458.650

Statutes/Other Implemented: ORS 458.600 - 458.650 & Ch. 740 & OL 1991