Oregon Statutes 456.260 – Termination date notice to government; extension for failure to give timely notices; waiver
(1) The owner of a participating property shall deliver notice in a format prescribed by the Housing and Community Services Department, including by electronic delivery or by registered or certified mail, to each local government within which the participating property is located and to the department no sooner than 36 months prior and at least 30 months prior to the termination date when:
Terms Used In Oregon Statutes 456.260
- Contract: A legal written agreement that becomes binding when signed.
- 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
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(a) A contract term will expire, permitting the owner to withdraw the participating property from publicly supported housing or limit affordability restrictions on the property; or
(b) The owner intends to withdraw the participating property from publicly supported housing.
(2) The property owner shall deliver a second notice to each entity entitled to notice under subsection (1) of this section, no sooner than 30 months prior and at least 24 months prior to the termination date.
(3) If a notice is not delivered timely, the property owner shall:
(a) Extend the termination date until no earlier than the latter of the date that is 30 months after delivery of the notice under subsection (1) of this section or 24 months after delivery of the notice under subsection (2) of this section; and
(b) Provide notice of the extension to the department, each local government that is entitled to notice under this section and each tenant that is entitled to notice under ORS § 456.259 (3) or (4).
(4) A local government may:
(a) Establish and impose any fine, penalty, tax, fee, charge or assessment upon the owner of participating property for failure to comply with local regulations adopted to implement the provisions of subsection (1) or (2) of this section.
(b) Make application to the department requesting that a local subsidy program be included in the definition of publicly supported housing, as long as the program otherwise complies with and is not excluded from the definition of publicly supported housing.
(5) Any notices delivered under subsection (1) or (2) of this section must specify whether the owner:
(a) Intends to withdraw the participating property from publicly supported housing.
(b) Intends to convert the participating property to a nonparticipating use.
(c) Is involved in negotiations with the United States Department of Housing and Urban Development, the Housing and Community Services Department or any other individual or entity regarding an extension of an expiring contract.
(6) The department may, by rule or on an individual basis, waive the notice requirements under subsections (1) and (2) of this section for property owners that are local governments or housing authorities. [1999 c.275 § 3; 2017 c.608 § 3; 2019 c.571 § 4; 2021 c.56 § 3; 2023 c.389 § 7]
See notes under 456.250.