Section 456.625 - Department powers; recording terms of use for housing projects; procurement; fees; rules The Housing and Community Services Department may:
(1) Undertake and carry out studies and analyses of housing needs within the state and ways of meeting such needs and make the results of such studies and analyses available to the public, qualified housing sponsors and the private housing sector.(2) Prepare proposals on measures it considers necessary to address administration, housing programs or community services programs.(3) With the approval of the Oregon Housing Stability Council, assess fees, charges or interest in connection with housing programs.(4) Encourage community organizations to assist in initiating housing projects for persons and families of lower income.(5) Encourage the salvage of usable housing scheduled for demolition or dislocation because of highway, school, urban renewal or other public projects by seeking authority for the public agencies involved in such programs to use the funds provided for the demolition or relocation of such buildings to enable qualified housing sponsors to relocate and rehabilitate such buildings for use by persons and families of lower income.(6) Encourage research and demonstration projects to develop techniques and methods for increasing the supply of adequate, decent, safe and sanitary housing for persons and families of lower income.(7) Make or participate in the making of residential loans to qualified individuals or housing sponsors to provide for the acquisition, construction, improvement, rehabilitation or permanent financing of residential housing or housing development; undertake commitments to make residential loans; purchase and sell residential loans at public or private sale; modify or alter such mortgages or loans; foreclose on any such mortgage or security interest or commence any action to protect or enforce any right conferred upon the department by any law, mortgage, security, agreement, contract or other agreement and to bid for and purchase property that is subject to such mortgage or security interest at any foreclosure or other sale; acquire or take possession of any such property and complete, administer, conserve, improve and otherwise use the property to accomplish the department's purposes, pay the principal and interest on any obligations incurred in connection with such property and dispose of such property in such manner as the department determines necessary to protect its interests under ORS 456.515 to 456.725 and ORS chapter 458.(8) Unless specifically exempted by the State Treasurer, deposit with the State Treasurer any funds held in reserve or sinking funds under ORS 456.515 to 456.725 and ORS chapter 458 and any other moneys not required for immediate use or disbursement by the department, subject to the provisions of any agreement with holders of bonds entered into prior to October 15, 1983.(9) Advise and assist in the creation of any nonprofit housing corporation, consumer housing cooperative or limited dividend housing sponsor and give approval of the articles of incorporation and bylaws of any such organization in carrying out ORS 456.515 to 456.725.(10) Cooperate with and exchange services, personnel and information with any federal, state or local governmental agency.(11) With the approval of the State Treasurer, contract for the services of and consultation with trustees, investment and financial advisors, paying agents, remarketing agents and other professional persons or organizations in carrying out ORS 456.515 to 456.725 and ORS chapter 458.(12) Contract for, act on or perform any other duties that the department considers necessary or appropriate to carry out housing programs and community services programs, including but not limited to contracting to provide compliance monitoring or other administrative functions with respect to housing developments and affordable housing, whether or not the housing developments or affordable housing receives department funding and whether or not the housing developments or affordable housing is located within this state. For purposes of this subsection, "affordable housing" has the meaning given that term in ORS 456.055.(13) Purchase, service, sell and make commitments to purchase, service and sell residential loans to the extent permitted by ORS 456.635 and 456.640 (1) to (3).(14) Initiate or assist appropriate state agencies, governmental bodies and public or private housing sponsors in the development, construction, acquisition, ownership, leasing, rehabilitation or management of housing to carry out the purposes of ORS 456.515 to 456.725 and ORS chapter 458 where such housing is not otherwise affordable or available in the area.(15) Execute and record written instruments that contain terms, including but not limited to restrictive covenants or equitable servitudes, pertaining to the use and enjoyment of housing projects. Notwithstanding any other provision of law, the executed instruments shall constitute and create restrictive covenants affecting and running with the property according to the terms of the instruments when recorded in the records of the county where the property is located. County clerks shall accept the instruments for recording when presented by or on behalf of the department.(16) Subject to the provisions of any agreement then existing with bondholders, make available funds by contract, grant, loan or otherwise, including loan guarantees, insurance or other financial leveraging techniques, from moneys made available by the department to carry out the purposes of ORS 456.515 to 456.725, if such moneys are not needed for the operations of the department or otherwise determined by the Director of the Housing and Community Services Department to be a necessary or prudent reserve.(17) Notwithstanding ORS 456.561, award grants to private or public entities to support or develop programs and services that build on successful or innovative strategies to prevent and end homelessness, and may adopt rules for implementing such programs and services, including the following: (a) Tenant education services for low-income tenants, including Rent Guarantee Program training under ORS 456.608 (3);(b) Fair housing training and outreach for tenants and landlords;(c) Technological innovations and investments that help low-income individuals find and access available rental housing and services;(d) Acquisition, construction, renovation and operation of emergency shelters and transitional housing, outreach and attendant services, as well as supportive housing services designed to sustain housing, including those that support the diverse needs of those experiencing homelessness;(e) Homelessness system improvements such as capacity building resources, planning resources, implementation and operation of advisory groups, technical assistance resources and investments to improve and obtain qualitative and quantitative data about housing and homelessness, including through direct engagement with people with lived experience of homelessness or housing instability;(f) Services designed to prevent evictions and homelessness, including long term and emergency rental assistance, legal services for those facing eviction, eviction prevention mediation services and case management;(g) Individualized and culturally responsive interventions designed to provide support to specific populations of people experiencing homelessness or housing instability;(h) Delivery of programs and services designed to reduce poverty, including those programs and services that are in alignment with federal resources such as the Community Services Block Grant; and(i) Other education, services or resources for low-income tenants and prospective tenants and for landlords who serve low-income tenants, including landlord incentive programs to encourage greater access to units for low-income tenants.(18) Procure and supervise the procurement of goods, services and personal services that are acquired in connection with the exercise of the department's duties prescribed in this chapter and ORS chapter 458.(19) For goods, services and personal services that are unrelated to the duties prescribed in this chapter and ORS chapter 458, subject to any rule that may be adopted by the department for the administration of such procurements: (a) Procure and supervise the procurement of information technology products and systems and related goods, services and personal services; and(b) Conduct sole-source procurements as provided under ORS 279B.075, and special procurements as provided under ORS 279B.085, except that the Director of the Housing and Community Services Department may take any action that the Director of the Oregon Department of Administrative Services is authorized to take under ORS 279B.075 and 279B.085.Amended by 2023 Ch. 193, § 16, eff. 6/7/2023.Amended by 2023 Ch. 116, § 3, eff. 5/19/2023.Amended by 2019 Ch. 641, § 1, eff. 8/8/2019.Amended by 2015 Ch. 180, § 12, eff. 1/1/2016.1973 c.828 §6; 1975 c.154 §8; 1979 c.60 §3; 1979 c.327 §6; 1981 c.504 §7; 1981 c.691 §2; 1983 c.519 §2; 1985 c.501 §3; 1987 c.567 §2; 1989 c.307 §6; 1991 c.739 §7; 1995 c.79 §252; 1999 c.1074 §3; 2001 c.738 §4; 2007 c. 607, § 18; 2007 c. 783, § 199; 2010 c. 4, § 1