OAR 813-030-0010: Temporary rule language in effect until 01/08/2027. Definitions

(1) All terms are used in OAR chapter 813, division 030, as defined in the act and as provided in OAR 813-005-0005 and herein. (2) As used in these rules, unless otherwise indicated by the context: (a) "Borrower" means a person who satisfies the criteria to receive a Program Loan as set forth in the applicable program rules, statutes, or OHCS orders, and has received program funding in the form of a program loan. (b) “Disabled housing project” means a housing project in which no less than 20% of the units are occupied by, or continuously offered to persons with a disability, or in which 20% of the units meet “fully accessible” standards as designated by the 2010 ADA Standards for Accessible Design, as deemed equivalent to UFAS by HUD in 24 CFR Part 8, and are subject to the exceptions identified by HUD where UFAS requirements remain controlling. The project, including living units intended to house disabled persons, must be designed to meet the target population’s needs. Technical design requirements and guidance for qualifying disabled housing projects are provided in the Older Adults Housing program (OAHP) manual (July 13, 2026 version) which are incorporated into these rules by reference. All references to these OAR 813, division 030 rules shall be deemed to include the OAHP Manual. Developments providing continuous nursing care are not eligible for program funding. (c) “Elderly and disabled housing program” or “program” means the program established under ORS 456.539 and implemented by the Department in accordance with the rules and requirements set forth in this OAR chapter 813, division 030. (d) “Elderly household” means a household whose head is over the age of 55, residing in this state. (e) "Elderly housing project" means a housing project meeting one of the Fair Housing Act exemptions for “Housing for Older Persons,” as further described in regulations issued by the Secretary for Housing and Urban Development. The exemptions are for the following projects: A. Projects provided under any state or federal program the Secretary of Housing and Urban Development has determined to be specifically designed and operated to assist elderly persons (as defined in the state or federal program); B. Projects intended for, and solely occupied by persons 62 years of age or older; or C. A facility or community intended and operated for occupancy by persons 55 years of age or older satisfying each of the following requirements: i. At least 80 percent of the units must have at least one occupant who is 55 years of age or older; and ii. The facility or community must publish and adhere to policies and procedures that demonstrate the intent to operate as housing for persons 55 years of age or older; and iii. The facility or community must comply with the U.S. Department of Housing and Urban Development’s regulatory requirements for age verification of residents. (f) "Gross household income" means the anticipated total income from all sources received by the head of household and by each additional member of the household 18 years of age and over, including all net income derived from assets for the twelve-month period following the date of certification of income, in accordance with regulations promulgated by the U.S. Department of Housing and Urban Development (HUD) at 24 CFR 813, or successor regulation; (g) “Major life activity” includes but is not limited to self-care, ambulation, communication, transportation, education, socialization, employment, and the ability to acquire, rent, or maintain property. (h) “Multifamily housing” means a structure or facility (i) established primarily to provide housing, (ii) that provides more than one living unit. Multifamily housing may also provide facilities functionally related and subordinate to the living units for use by the occupants in social, health, educational or recreational activities. The living units may include, but are not limited to, individual living units within such structures, mobile home and manufactured dwelling parks and residential facilities licensed under ORS 443.400 to 443.455 and other congregate care facilities with or without domiciliary care. (i) “Person with a disability” means a person who has a physical or mental impairment that substantially limits one or more major life activities. (j) “Program beneficiary” means a borrower or any entity who satisfies the criteria to receive a program contribution as set forth in the applicable program rules, statutes, or OHCS orders, and has received program funding in the form of a program contribution. (k) “Program contribution” means program funding provided to a project in a form other than a program loan, including a subordinate loan or other contribution of funds to a project. (l) “Program loan” means a senior secured loan to a borrower made in compliance with applicable program rules, statutes, OHCS orders and federal tax requirements, as applicable. (m) “Project” means an elderly housing project or a disabled housing project that applies for or receives funding under the program.