OAR 813-041-0027: Charges, Annual Certification, and Compliance Monitoring

(1) OHCS may assess, and the assessed applicant or other applicable party will pay, such charges as OHCS determines appropriate for reviewing an application and for issuance of a LOCA. (2) OHCS may assess, and the applicant, owner, operator, or other applicable party will pay, such charges as OHCS determines appropriate from time to time for its monitoring of the project for compliance with program requirements and/or enforcement of appropriate program compliance, including but not limited to: (a) Meeting appropriate construction and maintenance standards, and (b) Satisfying and documenting applicable affordability compliance. (3) All recipients of AWHTC are required to fill out and submit an annual certification form provided by OHCS to certify that all units set aside for the exclusive use of agricultural workers continue to be inhabited by agricultural workers. (4) If, after OHCS has issued the Letter of Credit Approval (LOCA) and during the 10-year compliance term, OHCS finds the project is out of compliance with any of the program requirements, OHCS may take one or more of the following actions: (a) Notify Oregon Department of Revenue, (b) Notify Oregon Occupational Safety and Health Administration, (c) Allow the project to address the issue to come back into compliance, (d) Suspend any remaining tax credits, or (e) Revoke any remaining tax credits. (5) All projects will need to further certify their continued compliance with state fair housing laws. (6) The direct recipient of the tax credit may apply to OHCS for a waiver of the remaining compliance period after five years. Among the factors OHCS may consider in granting or denying a waiver are: (a) They provide documentation, confirmed by OHCS, showing consistent compliance with program requirements for the preceding five-year period, (b) They provide further documentation of a declining trend in the demand for agriculture workforce housing within a relevant area and evidence of the taxpayer or contributor’s inability to fill the agriculture workforce units despite reasonable efforts to do so, (c) There is documented loss of financial feasibility of the agriculture workforce housing that cannot be corrected, or (d) The condition of the agriculture workforce housing has degraded through no fault of the taxpayer or contributor.