Oregon Statutes 456.280 – Covenant creation, effect, conveyance, duration and termination
(1) A person may create an affordable housing covenant as a condition of giving or receiving a subsidy during ownership or upon conveying real property, in the form of a covenant, servitude, easement, condition or restriction in a deed, declaration, land sale contract, trust deed, mortgage, security agreement, assignment, will, trust, rental agreement, lease or other written instrument that is:
Terms Used In Oregon Statutes 456.280
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Trustee: A person or institution holding and administering property in trust.
(a) Executed by the owner of the real property and the covenant holder; and
(b) Recorded in the deed and mortgage records of the county in which the real property is located.
(2) The affordable housing covenant creates a real property right in an eligible covenant holder to:
(a) Limit the use of real property to occupancy by low or moderate income households in rental or owner-occupied housing;
(b) Restrict the rental rate or sale price of real property to ensure affordability by future low and moderate income households;
(c) Limit, restrict or condition the use and enjoyment of real property to create or retain rental or owner-occupied affordable housing for occupancy by low or moderate income households; or
(d) Purchase real property at a trustee‘s sale under terms set forth in ORS § 86.782.
(3) The affordable housing covenant may be conveyed, assigned, modified or terminated by a written instrument recorded in the deed and mortgage records of the county in which the real property is located. The affordable housing covenant may be:
(a) Conveyed or assigned by a written instrument executed by the conveying or assigning covenant holder and the accepting covenant holder;
(b) Modified by a written instrument executed by the covenant holder and the owner of the real property; or
(c) Terminated by a written instrument executed by the covenant holder and a third party with the right to enforce the covenant.
(4) An affordable housing covenant is not invalid because a holder of the covenant is not an eligible covenant holder. A covenant holder who is not an eligible covenant holder may not modify, terminate or commence an action to enforce the covenant. However, the covenant holder may convey or assign the covenant to an eligible covenant holder who may modify or terminate the covenant or commence an action to enforce the covenant.
(5) An affordable housing covenant is unlimited in duration unless:
(a) The instrument creating the covenant provides otherwise;
(b) The duration of the covenant is modified before the stated term of the covenant expires; or
(c) The covenant is terminated.
(6) Upon termination of an affordable housing covenant for any reason before the stated term of the covenant expires, the covenant holder is entitled to receive the difference between the fair market value of the real property immediately before termination and the fair market value of the real property immediately after termination.
(7) An affordable housing covenant does not impair an interest in real property that exists at the time the affordable housing covenant is created unless the owner of the interest is a party to the affordable housing covenant, subordinates the interest to the affordable housing covenant or otherwise agrees to be bound by the affordable housing covenant.
(8) An instrument that creates an affordable housing covenant may grant the eligible covenant holder, or a designee of the eligible covenant holder, a right to enter the real property to ensure compliance with the covenant and, if the right is granted, the instrument shall designate the time and manner in which the eligible covenant holder or designee may enter the real property.
(9) An affordable housing covenant holder may assign a third-party right of enforcement, by a written instrument executed by the covenant holder and recorded in the deed and mortgage records of the county in which the real property is located, to a person that qualifies as an eligible covenant holder but that is not the holder of that covenant.
(10) An affordable housing covenant is automatically terminated if:
(a) The only holder of the covenant is a corporation, as defined in ORS § 65.001, that is dissolved without conveying or assigning the covenant; and
(b) No person is entitled to exercise a third-party right of enforcement pursuant to subsection (9) of this section. [2007 c.691 § 3; 2011 c.712 § 4]
See note under 456.270.