OAR 813-035-0040: 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 that 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. (c) The project shall conform to the maximum income requirement of ORS 456.620(4). With the approval of the council, establish maximum household income limits for all or a portion of the units in housing projects, housing developments or other residential housing financed in whole or in part by the department. A maximum of one-third of the units in a housing Project, housing development or other residential housing financed by the department may be rented to households with an income level exceeding 120 percent of the median family income level, as determined by the department. If the income level in any unit exceeds 120 percent of the median family income, the department shall, to the extent practicable, require that the Project, development or other housing financed by the department has a percentage of low income units that is higher than the minimum percentages established in 456.120(19) for Projects financed by local housing authorities or income limitations that are lower than the limits described in 455.120(19) or a combination thereof. (d) 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 subsection (c) above in order to reduce the impact of displacement for over-income residents. (2) Rental of units shall not violate the Fair Housing provisions of the 1968 Civil Rights Act or other applicable provision of state or federal law. (3) Lower-income Persons or households residing in the Project shall have equal access to and enjoyment of all common facilities of the Project. (4) 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. (5) The Borrower shall conduct timely annual income certifications of residents to the Department's satisfaction to assure compliance with the income requirements of the Program. [Publications: Publications referenced are available from the agency.]