OAR 813-010-0042: Resident Eligibility and Occupancy

(1) To be eligible to occupy a Project, a person or household shall: (a) Be a Resident of the State; (b) Have an annualized gross household income which does not exceed the limit established by the Department from time to time in compliance with the Act, and the limits of Section 142(d)(1) of the Code, if applicable. (2) The project shall conform to the maximum income requirement of ORS 456.620(4). At no time shall the maximum income limits exceed 120 percent of the median family income level, as determined by the Department. No more than 20 percent of the units of a housing project shall have an income level of between 100 and 120 percent. (3) Relating specifically to acquisition/rehabilitation projects only, where tenants already reside in the project, the Department, at its sole discretion, may allow up to a one (1) year grace period for implementation of the standards identified in section (2) above in order to reduce the impact of displacement for over-income residents. (4) No preference shall be given to any particular class or group in renting the residential units in the Project, except to the extent that residential units are required to be leased or rented to lower-income persons or households to comply with Program guidelines and as required to preserve the tax-exemption on Bonds issued to finance the Project. Rental of units shall not violate the Fair Housing provisions of the 1968 Civil Rights Act. (5) Lower-income persons or households residing in the Project shall have equal access and enjoyment to all common facilities of the Project. (6) The Borrower shall accept as residents in compliance with Section 8 programs, lower-income persons or households who are holders of certificates for federal housing assistance payments pursuant to Section 8 of the United States Housing Act of 1937 or a successor federal program, on the same basis as all other prospective residents. The Borrower shall not apply resident selection criteria to such Section 8 certificate holders which are more burdensome than the criteria applied to any other prospective resident. (7) The Borrower shall conduct annual income certifications of residents to assure compliance with the income requirements of the Program. [Publications: Publications referenced are available from the agency.]