OAR 660-008-0045: Housing Capacity Analysis and Housing Production Strategy Deadlines

Cities described in ORS 197A.270, 197A.280, and 197A.335 shall adopt a housing capacity analysis and adopt a housing production strategy as scheduled by the commission. (1) The commission shall adopt, and the department shall publish, the schedule of housing capacity analyses and housing production strategies deadlines for cities identified under ORS 197A.270, 197A.280, and 197A.335 in Attachment A. (2) The deadline for adoption of a housing capacity analysis and a housing production strategy in a given year is December 31st. (3) The department will consider a city to have met its obligation to adopt a housing capacity analysis upon adoption of the housing capacity analysis by ordinance. The department will not consider a subsequent appeal of the city ordinance adopting its housing capacity analysis a failure to comply with the deadline provided in Attachment A provided in section (1). (4) The department will consider a city to have met its obligation to adopt a housing production strategy upon adoption of the housing production strategy. As provided in ORS 197A.100(7), the adoption of a housing production strategy is not a land use decision and is not subject to appeal or review except as provided in ORS 197A.103. (5) Upon adoption of a housing capacity analysis, the deadline for a subsequent housing capacity analysis is as follows: (a) Eight years subsequent for cities that are not within Metro; or (b) Six years subsequent for cities that are within Metro. (6) The housing production strategy is due one year after the city’s deadline for completing a housing capacity analysis, as prescribed in section (1). (7) The applicable allocation of housing need and housing production target, as provided in ORS 184.451 to 184.455, are those that are published in the year of the adoption of the housing capacity analysis, unless a city applies the provisions in section (8). (8) A city may apply the allocation of housing need and the housing production target, as provided in ORS 184.451 to 184.455, that are published in the year prior to the adoption of the housing capacity analysis. To apply the allocation of housing need and the housing production target under this section, by December 1 of the year prior to the Housing Capacity Analysis deadline under section (1), a city must submit written notice to: (a) The department; and (b) Oregon Housing and Community Services. (9) If a population estimate developed under ORS 195.033 and OAR 660-032-0020 and OAR 660-032-0030 results in a city qualifying under ORS197A.270, 197A.280, and 197A.335, the city must adopt a housing capacity analysis within two years of its qualification or the interval provided in section (5), whichever is the longer period. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.]