ORS 456.559: Powers and duties of department.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) The Housing and Community Services Department shall: (a) Maintain current housing data and information concerning available programs, status of funding, programs planned or undertaken which might conflict with, overlap, duplicate or supersede other planned or existing programs and call these to the attention of appropriate state agencies, governmental bodies and public or private housing sponsors. (b) Maintain current data on publicly supported housing as provided under ORS 456.824. (c) Provide to appropriate state agencies, governmental bodies and public or private housing sponsors such advisory and educational services as will assist them in the development of housing plans and projects. (d) Subject to the approval of the Oregon Housing Stability Council, make noninterest bearing advances, in accordance with ORS 456.710 and the policies of the department, to qualified nonprofit sponsors for development costs of housing projects until mortgage funds are released to repay the advances as provided in ORS 456.710. (e) Advise and assist appropriate state agencies, governmental bodies and public or private housing sponsors, cities and counties, in all programs and activities which are designed or might tend to fulfill the purposes of ORS 456.548 to 456.828 and ORS chapter 458. (f) Encourage and assist in the planning, development, construction, rehabilitation and conservation of dwelling units for persons and families of lower income. (g) Be the central state department to apply for, receive and distribute, on behalf of appropriate state agencies, governmental bodies and public or private housing sponsors in the state, grants, gifts, contributions, loans, credits or assistance from the federal government or any other source for housing programs except when the donor, grantor, or lender of such funds specifically directs some other agency to administer them. Moneys received under this section shall be deposited with the State Treasurer in an account separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. (h) For the purposes of acquiring moneys, credits or other assistance from any agency or instrumentality of the United States or from any public corporation chartered by the United States, comply with any applicable agreements or restrictions for the receipt of such assistance and become a member of any such association or public corporation chartered by the United States. (i) Assist individuals, appropriate state agencies, governmental bodies and public or private housing sponsors through a program which provides housing information, planning, educational services and technical assistance. (j) Comply with the requirements of ORS 443.225 in assisting in the development of any housing for residential care, training or treatment for persons with intellectual or developmental disabilities or mental or emotional disturbances. (2) Except as otherwise provided in ORS 456.625 (7), 456.766 to 456.828, 458.315 (3) and 458.480 to 458.490, the department may not itself develop, construct, rehabilitate or conserve housing units; and neither the department nor any housing sponsor, including but not limited to any association, corporation, cooperative housing authority or urban renewal agency organized to provide housing and other facilities under ORS 456.548 to 456.828, may own, acquire, construct, purchase, lease, operate or maintain utility facilities, including facilities for the generation of electricity, for the distribution of gas and electricity, and for the conveyance of telephone and telegraph messages. (3) In accordance with the provisions of this section and with the advice of the council, the department shall establish statewide priorities for housing programs. State agencies shall coordinate their housing programs with the department. All state agencies intending to apply for federal funds for use in planning, developing or managing housing, or rendering assistance to governmental bodies or sponsors or individuals involved therein shall submit a description of the proposed activity to the department for review not less than 30 days prior to the intended date of submission of the application to the federal agency. The department shall determine whether the proposal would result in a program that would overlap, duplicate or conflict with any other housing program in the state. If the department finds overlapping or duplication or conflict, it shall recommend modifications in the application. The Oregon Department of Administrative Services shall consider these recommendations in making its decision to approve or disapprove the application. The department shall complete its review and forward its recommendations within 15 working days after receipt of the notification. Failure of the department to complete the review within that time shall constitute approval of the application by the department. (4) The Director of the Housing and Community Services Department may participate in discussions and deliberations of the council. The director may suggest policies to the council, including those necessary to stimulate and increase the supply of housing for persons and families of lower income. [Formerly 456.570; 1987 c.158 §86a; 1987 c.414 §15a; 1987 c.567 §1; 1989 c.307 §3; 1989 c.966 §50; 1991 c.739 §4; 1995 c.79 §246; 2007 c.70 §262; 2015 c.180 §7; 2016 c.61 §6; 2017 c.608 §9; 2017 c.707 §10; 2023 c.193 §4; 2023 c.435 §4; 2025 c.558 §9] Sec. 1. Mixed income housing; reports; rules. (1) As used in this section, “mixed income housing” means multifamily housing, as defined in ORS 456.717, that includes housing for both families of lower income and moderate income households, as defined in ORS 456.270, and in which all of the units are subject to an affordable housing covenant, as described in ORS 456.270 to 456.295, for a term of no less than 30 years. (2) On or before November 15, 2025, the Housing and Community Services Department shall submit a report to the interim committees of the Legislative Assembly related to housing, in the manner provided by ORS 192.245, that provides recommendations for the manner in which a mixed income housing revolving loan fund may be structured and any necessary statutory authorization needed to create the fund. (3) On or before January 1, 2027, the department shall, by rule, develop and implement lending strategies, within the department’s existing statutory authority to make loans, that can be used to provide permanent long-term financing for residential housing. (4) On or before September 15, 2026, the department shall provide a report to the interim committees of the Legislative Assembly related to housing in the manner provided in ORS 192.245 on the progress of the rulemaking and recommendations for funding the lending strategies described in subsection (3) of this section. [2025 c.537 §1]
Official history and status
History: Note: Section 1, chapter 537, Oregon Laws 2025, provides:
Administrative rules citing this section
- 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 813-005-0005: General Definitions — implements
- OAR 813-005-0005: General Definitions — authority
- OAR 813-005-0025: Protest Process — implements
- OAR 813-010-0021: Form of Loan Assistance — implements
- OAR 813-010-0720: Disposal of Department-Owned Projects — authority
- OAR 813-010-0740: Waiver — authority
- OAR 813-012-0180: Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Waiver — authority
- OAR 813-015-0001: General Purpose — implements
- OAR 813-015-0001: General Purpose — authority
- OAR 813-015-0006: Definitions — implements
- OAR 813-015-0006: Definitions — authority
- OAR 813-015-0011: Eligibility for Funding — implements
- OAR 813-015-0011: Eligibility for Funding — authority
- OAR 813-015-0016: Availability and Source of Funds — implements
- OAR 813-015-0016: Availability and Source of Funds — authority
- OAR 813-015-0021: Program Loan Terms — implements
- OAR 813-015-0021: Program Loan Terms — authority
- OAR 813-015-0026: Loan Security — implements
- OAR 813-015-0026: Loan Security — authority
- OAR 813-015-0031: Application Requirements — implements
- OAR 813-015-0031: Application Requirements — authority
- OAR 813-015-0035: Application Review and Processing Procedures — implements
- OAR 813-015-0035: Application Review and Processing Procedures — authority
- OAR 813-015-0040: Transfer of Ownership — implements
- OAR 813-015-0040: Transfer of Ownership — authority
- OAR 813-015-0045: Equal Opportunity — implements
- OAR 813-015-0045: Equal Opportunity — authority
- OAR 813-015-0050: Waiver — implements
- OAR 813-015-0050: Waiver — authority
- OAR 813-030-0014: Temporary rule language in effect until 01/08/2027. Elderly and Disabled Housing Designation — implements
- OAR 813-030-0020: Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Form of Loan Assistance — implements
- OAR 813-030-0025: Temporary rule language in effect until 01/08/2027. Loan Security — implements
- OAR 813-030-0032: Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Manufactured Dwelling Park Projects — implements
- OAR 813-030-0035: Temporary rule language in effect until 01/08/2027. Approved Housing Borrowers — implements
- OAR 813-030-0040: Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Processing Procedures — implements
- OAR 813-030-0044: Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Loan Closing — implements
- OAR 813-030-0066: Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Transfer of Ownership — implements
- OAR 813-030-0068: Temporary rule language in effect until 01/08/2027. Disposal of Department-Owned Projects — implements
- OAR 813-030-0070: Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Waiver — authority
- OAR 813-035-0018: Investment Grade Bonds — authority
- OAR 813-035-0021: Financing Commitments and Charges — implements
- OAR 813-035-0040: Resident Eligibility and Occupancy — authority
- OAR 813-035-0045: Inspections and Audits — authority
- OAR 813-035-0070: Waiver — authority
- OAR 813-042-0000: Purpose and Objectives — authority
- OAR 813-042-0010: Definitions — authority
- OAR 813-042-0020: Eligibility for Housing Development Grant Program Funds — authority
- OAR 813-042-0030: Distribution of Funds — authority
- OAR 813-042-0040: Application Procedure and Requirements — authority
- OAR 813-042-0050: Criteria for Funding — authority
- OAR 813-042-0060: Application Review — authority
- OAR 813-042-0070: Charges — authority
- OAR 813-042-0080: General Administrative and Monitoring Requirements — authority
- OAR 813-042-0090: Remedies for Noncompliance — authority
- OAR 813-042-0100: Sanctions — authority
- OAR 813-042-0110: Waiver — authority
- OAR 813-045-0005: General Purpose — implements
- OAR 813-045-0010: Definitions — implements
- OAR 813-045-0015: Eligibility for Housing Development Account Funds — implements
- OAR 813-045-0020: Application Procedure — implements
- OAR 813-045-0025: Application Review — implements
- OAR 813-045-0030: Form of Assistance — implements
- OAR 813-045-0035: Waiver for Other Sources — implements
- OAR 813-055-0040: Application Procedure and Requirements — implements
- OAR 813-055-0065: Form of Assistance; Documentation — implements
- OAR 813-055-0075: Distribution and Expenditure of Funds — implements
- OAR 813-055-0085: Charges — implements
- OAR 813-060-0036: Temporarily suspended until 01/08/2027. This rule language is not currently in effect. Interim Loans — implements
- OAR 813-060-0070: Waiver — authority
- OAR 813-080-0005: Purpose and Objectives — authority
- OAR 813-080-0030: Allocation of Mortgage Credit Certificates — authority
- OAR 813-090-0005: Purpose — implements
- OAR 813-090-0010: Definitions — implements
- OAR 813-090-0015: Qualified Allocation Plan; Allocation of Credit Authority — authority
- OAR 813-090-0031: Application Requests and Charges — implements
- OAR 813-090-0031: Application Requests and Charges — authority
- OAR 813-090-0036: Procedures for Allocation of Low-Income Housing Tax Credit (the “Carryover Allocation”) — implements
- OAR 813-090-0036: Procedures for Allocation of Low-Income Housing Tax Credit (the “Carryover Allocation”) — authority
- OAR 813-090-0039: Reservation and Extended Use Agreement; Low-Income Commitment — implements
- OAR 813-090-0039: Reservation and Extended Use Agreement; Low-Income Commitment — authority
- OAR 813-090-0065: Representations — implements
- OAR 813-090-0065: Representations — authority
- OAR 813-090-0080: Revocation or Reduction of Housing Credit — implements
- OAR 813-110-0011: Oregon Affordable Housing Tax Credit Manual — authority
- OAR 813-110-0013: Loan Requirements — authority
- OAR 813-110-0015: Application Requirements — authority
- OAR 813-110-0020: Application Review — authority
- OAR 813-110-0021: Reservation in Lieu of Certification — authority
- OAR 813-110-0022: Set-Aside — authority
- OAR 813-110-0025: Certification of Eligible Projects — authority
- OAR 813-110-0026: Reservations, Certifications and Other Commitments Subject to Housing Stability Council Approval — authority
- OAR 813-110-0027: Certification Request by Lending Institution — authority
- OAR 813-110-0029: Supplemental Application Charge — authority
- OAR 813-110-0030: Monitoring and Reporting Requirements — authority
- OAR 813-110-0031: Charges — authority
- OAR 813-110-0035: Community Rehabilitation Project Certification — authority
- OAR 813-110-0037: Use of Project; Transfer of Title — authority
- OAR 813-110-0050: Waiver — authority
- OAR 813-120-0001: Purpose and Objectives — implements
- OAR 813-120-0010: Definitions — implements
- OAR 813-120-0025: Application Procedure and Requirements — implements
- OAR 813-120-0032: Application Review — implements
- OAR 813-120-0035: Form of Assistance — implements
- OAR 813-120-0040: Eligible Costs for HOME Activities — implements
- OAR 813-120-0045: Eligible Activities — implements
- OAR 813-120-0047: Distribution and Expenditure of Funds — implements
- OAR 813-120-0050: HOME Affordability Requirements — implements
- OAR 813-120-0060: Program Information — implements
- OAR 813-120-0110: General Administrative and Monitoring Requirements — implements
- OAR 813-120-0120: Remedies for Noncompliance — implements
- OAR 813-120-0130: Sanctions — implements
- OAR 813-120-0140: Request for Reconsideration; Waiver — implements
- OAR 813-135-0010: Purpose — implements
- OAR 813-135-0010: Purpose — authority
- OAR 813-135-0020: Definitions — implements
- OAR 813-135-0020: Definitions — authority
- OAR 813-135-0025: Local Innovation and Fast Track Homeownership Program Manual — authority
- OAR 813-135-0026: Local Innovation and Fast Track Rental Program Manual — authority
- OAR 813-135-0030: Eligibility — implements
- OAR 813-135-0030: Eligibility — authority
- OAR 813-135-0040: Allocation of Bond Proceeds — authority
- OAR 813-135-0050: Application Requests and Charges — authority
- OAR 813-135-0060: Strategies for Serving Underserved Communities — implements
- OAR 813-138-0030: Project Development - Allocation of Bond Proceeds — authority
- OAR 813-206-0050: Fund Uses — authority
- OAR 813-206-0060: General Administrative and Monitoring Requirements — authority
- OAR 813-261-0000: Purpose and Objectives — implements
- OAR 813-261-0010: Definitions — implements
- OAR 813-261-0020: Program Guidance — implements
- OAR 813-261-0030: Administration — implements
- OAR 813-261-0040: Use of Funds — implements
- OAR 813-350-0010: Definitions — implements
- OAR 813-350-0020: Source of Guarantee Funding — implements
- OAR 813-350-0030: Eligibility for Guarantees — implements
- OAR 813-350-0040: Application Procedure and Requirements — implements
- OAR 813-350-0050: Criteria for Guarantees — implements
- OAR 813-350-0060: Fees — implements
- OAR 813-350-0070: Waiver — implements
This rule cites
- ORS 456.824 — resolved
- ORS 456.710 — resolved
- ORS 456.548 — resolved
- 456.828 — resolved
- ORS chapter 458 — target_record_not_published
- ORS 443.225 — resolved
- ORS 456.625 — resolved
- ORS 456.717 — resolved
- ORS 456.270 — resolved
- 456.295 — resolved
- ORS 192.245 — resolved
Cited by
- ORS 456.508: Definitions for ORS 456.510 and 456.513.
- ORS 456.574: Housing and Community Services Department Fund.
- ORS 458.315: Supporting residential units damaged or destroyed by disaster; contracting.
- OAR 813-005-0005: General Definitions
- OAR 813-090-0031: Application Requests and Charges
- OAR 813-135-0040: Allocation of Bond Proceeds
- OAR 813-138-0030: Project Development - Allocation of Bond Proceeds
- OAR 813-310-0020: Definitions
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors456.html