OAR 660-008-0310: Referral for Non-Compliance in Adoption of Housing Capacity Analysis and Housing Production Strategy

A city is required to adopt a housing capacity analysis and housing production strategy under OAR 660-008-0045. The department is required to annually refer to the housing acceleration program each city that has failed to adopt a housing production strategy under ORS 197A.130(3)(b). To minimize and remedy delinquency in completing these requirements by the prescribed deadlines, the department must refer a city for non-compliance in the adoption of a housing capacity analysis or housing production strategy via the following provisions: (1) A city that determines it will be unable to adopt a housing capacity analysis, housing production strategy report, or midpoint report by the prescribed deadline may request that the department provide a time extension for good cause. The city must notify the department of the expected delinquency at least 60 days before the applicable deadline for a housing capacity analysis or housing production strategy. In response, the department may take any of the following actions: (a) For a housing capacity analysis, provide written authorization for the city to adopt concurrently with a housing production strategy by the deadline provided in ORS 197A.100(1); (b) Recommend an amended deadline to the commission for a housing capacity analysis or housing production strategy under OAR 660-008-0045; (c) Review components of a housing capacity analysis, response to an identified deficiency, or housing production strategy under OAR 660-025-0185; or (d) Within 90 days, enter into a voluntary agreement to remedy the delinquency outlining specific actions, timelines, and resources necessary to adopt a housing capacity analysis or housing production strategy. (2) The department must refer a city that has: (a) Not adopted a housing capacity analysis or housing production strategy by the prescribed deadline and not received a time extension for good cause under section (1), (b) Not fulfilled the actions and deadlines of a work plan or agreement under section (1) to the housing acceleration program, (c) Failed to enter into or fulfill the terms of a time extension or voluntary agreement under section (1); or (d) Not made a good faith effort to adopt a housing capacity analysis or housing production strategy, such as missed deadlines and incomplete or non-responsive materials. (3) For cities referred to the housing acceleration program under section (2), the department must conduct an audit under OAR 660-008-0325 and enter into a housing acceleration agreement under OAR 660-008-0330 focused only on the local barriers to the adoption of a housing production strategy and all supporting documents.