ORS 456.270: Definitions for ORS 456.270 to 456.295.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
As used in ORS 456.270 to 456.295: (1) “Affordable housing covenant” means a nonpossessory interest in real property imposing limitations, restrictions or affirmative obligations that encourage development or that ensure continued availability of affordable rental and owner-occupied housing for low or moderate income households. (2) “Area median income” means the median income for the metropolitan statistical area in which the affordable housing is located, as determined by the Housing and Community Services Department, adjusted for household size. (3) “Eligible covenant holder” means: (a) A public body, as defined in ORS 174.109; (b) An agency of the United States government; (c) A public benefit corporation or religious corporation, as those terms are defined in ORS 65.001, one purpose of which is to provide affordable housing for low or moderate income households; (d) A consumer housing cooperative, as defined in ORS 456.548; (e) A manufactured dwelling park nonprofit cooperative corporation; or (f) A federally recognized Indian tribe. (4) “Low income household” means a household with income less than or equal to 80 percent of the area median income. (5) “Moderate income household” means a household with income less than or equal to 120 percent and greater than 80 percent of the area median income. (6) “Subsidy” includes, but is not limited to: (a) A grant, loan or contract made by a federal agency, a federally recognized Indian tribe or a public body, as defined in ORS 174.109; (b) A grant, loan or contract made by a nonprofit corporation or a limited liability company the sole member of which is a nonprofit corporation; (c) A subsidized loan from a lending institution that makes loans for residential housing; or (d) A subsidized private transaction. (7) “Third-party right of enforcement” means a right provided in an affordable housing covenant to a third party to enforce the terms of the covenant. [2007 c.691 §2; 2009 c.11 §63; 2023 c.193 §26]
Official history and status
History: Note: 456.270 to 456.295 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 456 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Administrative rules citing this section
- OAR 813-002-0005: Temporary rule language in effect until 01/08/2027. Purpose and Objectives — implements
- OAR 813-002-0005: Temporary rule language in effect until 01/08/2027. Purpose and Objectives — authority
- OAR 813-002-0010: Definitions — implements
- OAR 813-002-0010: Definitions — authority
- OAR 813-002-0025: Funding Applications — implements
- OAR 813-002-0025: Funding Applications — authority
- OAR 813-002-0030: Technical Advisory — implements
- OAR 813-002-0030: Technical Advisory — authority
- OAR 813-002-0045: Protests and Judicial Review of Funding Decisions — implements
- OAR 813-002-0045: Protests and Judicial Review of Funding Decisions — authority
- OAR 813-002-0055: Fees and Charges — implements
- OAR 813-002-0055: Fees and Charges — authority
- OAR 813-037-0010: Definitions — implements
- OAR 813-405-0005: Purpose and Objectives — implements
- OAR 813-405-0010: Definitions — implements
- OAR 813-405-0015: Availability and Source — implements
- OAR 813-405-0020: Eligibility, Program Guidelines, and Priorities — implements
- OAR 813-405-0025: Program Administrator Selection Criteria — implements
- OAR 813-405-0030: Program Continuation — implements
- OAR 813-405-0035: Program Oversight — implements
- OAR 813-405-0040: Fees and Changes — implements
This rule cites
- ORS 456.270 — resolved
- 456.295 — resolved
- ORS 174.109 — resolved
- ORS 65.001 — resolved
- ORS 456.548 — resolved
Cited by
- ORS 86.705: Definitions for ORS 86.705 to 86.815.
- ORS 92.090: Approval of subdivision plat names; requisites for approval of tentative subdivision or partition plan or plat.
- ORS 93.269: Declaration or covenant related to future fees, commissions or payments to declarant; recording; exceptions.
- ORS 94.504: Development agreements; contents; duration; effect on affordable housing covenants.
- ORS 94.550: Definitions for ORS 94.550 to 94.783.
- ORS 221.729: Sale of city-owned real property to develop affordable housing; proposal process; covenant required.
- ORS 307.555: Property burdened by affordable housing covenant used for owner-occupied housing.
- ORS 454.650: Inspection in ground water quality management area.
- ORS 456.502: Affordable Housing Land Acquisition Revolving Loan Program; rules.
- ORS 456.548: Definitions for ORS 456.548 to 456.828.
- ORS 456.559: Powers and duties of department.
- ORS 456.585: Agriculture workforce housing information.
- ORS 458.312: Loans for affordable housing.
- ORS 458.463: Designation of lands nominated by local government.
- ORS 458.467: Disposition of lands; covenants attached to lands.
- ORS 757.482: Approval to sell or convey real property below market price for development of affordable housing.
- OAR 123-053-0021: Definitions
- OAR 123-053-0081: Contracts and Disbursements of Funds
- OAR 813-037-0010: Definitions
- OAR 813-405-0005: Purpose and Objectives
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors456.html