OAR 813-115-0030: Required Notices by Owner to OHCS and Other Qualified Purchasers

(1) The owner of a participating property must provide OHCS and any qualified purchaser of the participating property timely notices of expiration of affordability restrictions or of the owner’s request to withdraw the participating property from publicly supported housing as outlined in ORS 456.781. (2) The notices identified in subsection (1) above: (a) Must be on a form as prescribed and provided by OHCS. The owner must deliver the notice electronically through an OHCS approved database, by electronic certified email, or by registered or certified mail. Electronic or regular mail without certification is not an acceptable delivery format, and, (b) Are deemed effective three days after the date any such notice is sent by electronic delivery, by registered or certified mail with return receipt, or electronically through an OHCS approved database, by electronic certified email, or by registered or certified mail. Electronic or regular mail without certification is not an acceptable format for submittal, and (c) Must be promptly updated if the information provided, including the owner’s intentions with respect to the participating property, changes between the time the notice is submitted and the termination date. If, after the time any required notice is submitted, the owner decides to sell or consider selling the property, updated notice must be provided no later than the date on which a Purchase and Sale Agreement is executed. (3) When applicable, a pending additional affordability restriction or extension of an affordability restriction term with OHCS, HUD, or USDA Rural Development may serve as proof of the owner's intent to preserve the participating property in lieu of the above notices in subsections (1) above. In such applicable cases, OHCS may inform the owner and waive the notice requirements. (4) OHCS may, at its sole discretion, provide extensions to deadlines for delivery of the notices identified in subsection (1) above. Any delays in the timely delivery of notices may result in an extension of the affordability period. (5) OHCS may, at its sole discretion, on a participating-property basis, waive the notice requirements under subsection (1) above for property owners that are local governments or housing authorities. (6) If an owner does not comply with the notice requirements of subsections (1) and (2), including the requirements of subsection (2)(c), OHCS may record an extension of the affordability restrictions as provided in ORS 456.804 or seek any other relief available at law or in equity.