Oregon Statutes 197.843 – Attorney fees for applicant developing affordable housing
(1) The Land Use Board of Appeals shall award attorney fees to an applicant whose application is only for the development of affordable housing, as defined in ORS § 197A.445, or publicly supported housing, as defined in ORS § 456.250, if the board affirms a quasi-judicial land use decision approving the application or reverses a quasi-judicial land use decision denying the application.
Terms Used In Oregon Statutes 197.843
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- local government: means all cities, counties and local service districts located in this state, and all administrative subdivisions of those cities, counties and local service districts. See Oregon Statutes 174.116
(2) A party who was awarded attorney fees under this section or ORS § 197.850 shall repay the fees plus any interest from the time of the judgment if the property upon which the fees are based is developed for a use other than affordable housing.
(3) As used in this section:
(a) ‘Applicant’ includes:
(A) An applicant with a funding reservation agreement with a public funder for the purpose of developing publicly supported housing;
(B) A housing authority, as defined in ORS § 456.005;
(C) A qualified housing sponsor, as defined in ORS § 456.548;
(D) A religious nonprofit corporation;
(E) A public benefit nonprofit corporation whose primary purpose is the development of affordable housing; and
(F) A local government that approved the application of an applicant described in this paragraph.
(b) ‘Attorney fees’ includes prelitigation legal expenses, including preparing the application and supporting the application in local land use hearings or proceedings. [2021 c.385 § 2]