Oregon Statutes 308.709 – Application procedure; due dates; late filing; fee; assessor determination; appeals
(1) An owner of multiunit rental housing seeking to have the property assessed under ORS § 308.707 must file a written application under this section.
Terms Used In Oregon Statutes 308.709
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Deed: The legal instrument used to transfer title in real property from one person to another.
(2) Except as provided in subsection (3) of this section, an application, and an election form as described in ORS § 308.712, must be filed with the county assessor on or before April 1 preceding the first tax year for which special assessment under ORS § 308.707 is sought.
(3) An application and election form may be filed after April 1 and on or before December 31 of the first tax year for which special assessment under ORS § 308.707 is sought, if the application and election form are accompanied by a late filing fee equal to the greater of $200 or one-tenth of one percent of the real market value of the property to which the application relates, as of the assessment date for that tax year.
(4) The application must be in the form and contain the information prescribed by the Department of Revenue, including:
(a) The name and address of the property owner;
(b) The address and tax lot or account number of the multiunit rental housing;
(c) A description and documentation of the government restriction on use to which the multiunit rental housing is subject, including but not limited to a deed declaration, restrictive covenant, contractual agreement or other legally binding government restriction on use; and
(d) The anticipated duration of the government restriction on use.
(5) A completed election form under ORS § 308.712, and an accompanying income and expense statement (if available), must be submitted simultaneously with an application filed under this section and is considered to be a part of the application. The election shall apply to each tax year for which the property is subject to special assessment under ORS § 308.707, unless the owner changes the election as described in ORS § 308.712 (2).
(6) The county assessor shall review the application. If the assessor determines that the property consists of multiunit rental housing that is subject to a government restriction on use, the assessor shall approve the application. Approval of the application shall result in the property to which the application relates being qualified to be assessed under ORS § 308.707.
(7) The county assessor shall notify the applicant in writing of the assessor’s determination within 120 days following the date the application was filed with the assessor.
(8) An applicant may appeal the determination of the county assessor as provided in ORS § 305.275. [2001 c.605 § 5]
[1957 c.628 3,5; repealed by 1997 c.154 § 25]