Oregon Administrative Rules Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT
Oregon Administrative Rules Chapter 813
Oregon Housing and Community Services Department (OHCS)
Overview
OAR Chapter 813 governs the administrative rules for the Oregon Housing and Community Services Department (OHCS). OHCS is the state agency responsible for providing affordable housing, homelessness prevention, community development, and housing assistance programs in Oregon.
The rules under Chapter 813 set the framework for how OHCS administers various housing programs, grants, loan processes, and compliance requirements, ensuring that these programs operate efficiently and equitably to meet the housing needs of Oregon residents.
Statutory Authority
The OHCS operates under authority granted by:
ORS Chapter 456 — Housing authorities and community services
ORS Chapter 456.290 et seq. — Establishment and functions of OHCS
ORS Chapter 458 — Affordable housing programs
Other statutes related to community development, homelessness prevention, and housing finance
OAR Chapter 813 implements these statutes by providing detailed operational and procedural rules.
Purpose of OAR Chapter 813
To establish the procedures by which OHCS administers housing and community service programs
To ensure compliance with federal and state funding requirements
To promote equitable access to affordable housing and supportive services
To provide oversight and accountability for grantees and program participants
To facilitate efficient use of public funds and prevent fraud or misuse
Key Provisions of OAR Chapter 813
Since Chapter 813 encompasses a broad range of OHCS functions, here are some important areas typically covered:
1. Program Administration
Procedures for applying for OHCS housing grants and loans
Eligibility requirements for participants and grantees
Guidelines for the allocation and use of funds
Reporting and documentation requirements
2. Affordable Housing Development
Rules related to the financing, construction, and management of affordable housing projects
Compliance with state building codes and accessibility standards
Monitoring of developer and property owner obligations
3. Tenant and Participant Protections
Fair housing requirements, including nondiscrimination and equal opportunity policies
Tenant rights and responsibilities in OHCS-assisted housing
Eviction procedures and due process protections
4. Homelessness Prevention and Supportive Services
Eligibility and referral procedures for homeless assistance programs
Coordination with local agencies and service providers
Data collection and outcome tracking
5. Compliance and Enforcement
Procedures for investigating violations by grantees or participants
Sanctions and remedies for noncompliance, including repayment, suspension, or termination of funds
Appeals and hearing rights for affected parties
Relevant Case Law Related to OHCS and OAR Chapter 813
There is limited case law specifically interpreting OAR Chapter 813, but several Oregon cases clarify legal principles applicable to housing agencies and their regulatory authority.
1. Deference to Agency Expertise
Courts generally defer to OHCS’s expertise in administering complex housing programs and making funding decisions, provided the agency acts within statutory authority and follows proper procedures.
Case principle: Courts will uphold OHCS’s interpretation of its rules unless arbitrary, capricious, or an abuse of discretion.
2. Fair Housing and Nondiscrimination
Oregon courts have enforced strict compliance with fair housing laws in cases involving OHCS-funded housing, emphasizing the agency’s role in preventing discriminatory practices.
Case example: A landlord in an OHCS-assisted property challenged for violating nondiscrimination rules was held accountable, with courts affirming OHCS’s authority to impose sanctions.
3. Tenant Protections and Due Process
When OHCS participates in eviction or tenant grievance processes, courts have required that tenants receive due process protections consistent with Oregon landlord-tenant laws and OHCS rules.
Case principle: Tenants in subsidized housing programs have a right to notice and hearing before eviction, and OHCS rules supplement state landlord-tenant law.
4. Contract and Funding Disputes
Disputes between OHCS and grantees or contractors over funding terms and compliance have been resolved by courts interpreting the administrative rules and the applicable contracts.
Case principle: Courts often require strict compliance with contract provisions and OAR rules governing fund usage and reporting.
Practical Impact of OAR Chapter 813
For Housing Developers: Clear rules for applying for funding and managing projects, ensuring accountability and compliance.
For Tenants and Participants: Protections and clear expectations about rights in OHCS-assisted housing programs.
For Service Providers: Guidelines for coordinating services and reporting outcomes to OHCS.
For OHCS: Framework to ensure effective oversight, prevent fraud, and promote equitable access to affordable housing.
Summary
OAR Chapter 813 is the regulatory backbone of how the Oregon Housing and Community Services Department administers housing and community service programs in Oregon. It sets forth detailed procedures and standards that govern program administration, funding, compliance, tenant protections, and enforcement.
While Oregon courts tend to defer to OHCS expertise, they ensure agency actions respect due process, fair housing laws, and statutory mandates.
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