Oregon Statutes 458.528 – Policy on homelessness
(1) As used in this section, ‘homelessness’ means the lack of a decent, safe, stable and permanent place to live that is fit for human habitation.
Terms Used In Oregon Statutes 458.528
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Quorum: The number of legislators that must be present to do business.
- state government: means the executive department, the judicial department and the legislative department. See Oregon Statutes 174.111
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) The Legislative Assembly finds and declares that:
(a) Homelessness is a detriment to individuals, families and communities. The effects of homelessness impact quality of life, productivity and self-sufficiency, career and educational opportunities, health and wellness. Those effects may also extend to future generations.
(b) Preventing and ending homelessness is important for all levels of government, business and the community.
(3) The Housing and Community Services Department and the Department of Human Services shall serve as the lead agencies in administering the state policy regarding homelessness.
(4) It is the policy of this state that the Housing and Community Services Department, the Department of Human Services, the Oregon Housing Stability Council and the Community Action Partnership of Oregon work to encourage innovation by state, regional and local agencies that will create the comprehensive and collaborative support system and housing resources vital for a successful campaign to end and prevent homelessness. The comprehensive and collaborative support system should include, but not be limited to:
(a) The redesign of existing response systems to homelessness to include a realignment of services with permanent housing.
(b) The inclusion of community-based treatment, outreach services, early intervention strategies, housing and service management and an interagency system that can address individuals with compound needs.
(c) The coordination of multiagency services provided to people with chronic needs, older adults and homeless and runaway youths, including but not limited to criminal justice, housing, public welfare, health, mental health and youth and family services, to create integrated and cost-effective programs that deliver housing and service needs of homeless persons in a seamless and timely manner.
(d) Programs of care for the homeless that have an accompanying set of outcomes to increase accountability and further development of more effective methods in reaching client outcome goals and cost effectiveness. Outcomes for increasing the accountability of programs of care for the homeless include shortening the length of stay in emergency housing, eliminating repeated periods of homelessness and addressing the issue of homelessness in all areas of the state.
(e) An individualized approach to the homeless person that includes an assessment of individual needs, identification of appropriate solutions that may include services, coordination and cost-effective use of support across agencies and appropriate monitoring and evaluation of the homeless person’s individual progress. [2009 c.407 § 1; 2015 c.180 § 20]
458.528 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 458 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Sections 7 and 8, chapter 448, Oregon Laws 2021, provide:
(1) The Task Force on Homelessness and Racial Disparities is established.
(2) The task force consists of 19 members appointed as follows:
(a) The President of the Senate shall appoint two members from among members of the Senate;
(b) The Speaker of the House of Representatives shall appoint two members from among members of the House of Representatives;
(c) The Governor shall appoint one member from the Racial Justice Council;
(d) The Director of the Housing and Community Services Department shall appoint two members to represent the Housing and Community Services Department or Oregon Housing Stability Council; and
(e) The President of the Senate and the Speaker of the House of Representatives shall jointly appoint 12 members that represent organizations with diverse perspectives and experiences, including organizations that focus on street outreach and unsheltered homelessness, shelter, rapid rehousing, homelessness prevention or domestic and sexual violence, organizations that address the needs of various people experiencing housing instability, including youth, children and families, adults or seniors, and organizations representing different communities and geographies across Oregon as follows:
(A) Two members from local governments or representing the interests of local governments;
(B) Two members from community action agencies;
(C) Two members from culturally specific organizations as defined in ORS § 456.005;
(D) Two members from homeless service providers in urban areas;
(E) Two members from homeless service providers in rural areas; and
(F) Two members who have experienced housing instability.
(3) The task force shall:
(a) Identify and investigate methods by which the state may decrease rates of racial disparity among people experiencing homelessness and receiving services.
(b) Identify and investigate potential changes in this state’s funding structure to address racial disparities among people experiencing homelessness and housing insecurity, including consideration of how housing transition of services delivery could be implemented to avoid service disruptions among people experiencing homelessness or housing insecurity.
(c) Consider existing methods and recommend additional methods by which the Housing and Community Services Department and Oregon Housing Stability Council may receive advice and information about needed services for individuals experiencing homelessness and housing insecurity.
(d) Identify and investigate methods by which the Housing and Community Services Department and Oregon Housing Stability Council may modify contracting process and eligibility for providers of services for individuals experiencing homelessness and housing insecurity.
(e) Recommend solutions regarding the funding of services for individuals experiencing homelessness or housing insecurity, including legislation or rulemaking and modifications to:
(A) The delivery and eligibility requirements for federal and state funds;
(B) The receipt and distribution of information about homelessness and homelessness services by the state; and
(C) Methods for addressing racial disparities.
(4) The task force may consult experts, form subcommittees or advisory committees, conduct field investigations, hearings and other meetings, receive testimony in any form or format, request or require production of documents and other evidence and otherwise take any lawful action to carry out the purposes set forth in subsection (3) of this section.
(5) A majority of the members of the task force constitutes a quorum for the transaction of business.
(6) Official action by the task force requires the approval of a majority of the members of the task force.
(7) The task force shall elect one or more task force members to serve as a chairperson or cochairs.
(8) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.
(9) The task force shall meet in a regular location no less than monthly until January 31, 2022, and at other times and places specified by the call of the chairperson or cochairs or by a majority of the members of the task force.
(10) The task force may adopt rules necessary for the operation of the task force.
(11) The Housing and Community Services Department shall provide staff support to the task force and shall provide a third-party facilitator to assist the chairperson or cochairs with the facilitation of meetings and the operations of the task force. Notwithstanding ORS § 279A.025, ORS Chapter 279B does not apply to the department’s procurement of a facilitator under this section.
(12) A member of the task force is not entitled to compensation, but in the discretion of the department may be reimbursed for actual and necessary travel and other expenses incurred by the member in the performance of the member’s duties or provided a stipend.
(13) All agencies of state government, as defined in ORS § 174.111, are directed to assist the task force in the performance of the task force’s duties and, to the extent permitted by laws relating to confidentiality, to furnish information and advice the members of the task force consider necessary to perform their duties.
(14) No later than January 15, 2022, the task force shall provide a report to an appropriate committee of the Legislative Assembly in the manner provided in ORS § 192.245 on the findings and recommendations made under subsection (3) of this section. A copy of the report shall be delivered to the Oregon Housing Stability Council. [2021 c.448 § 7]
Section 7, chapter 448, Oregon Laws 2021, and section 1 of this 2022 Act are repealed on January 2, 2026. [2021 c.448 § 8; 2022 c.47 § 2]
Sections 1 and 2, chapter 70, Oregon Laws 2022, provide:
(1) The Oregon Department of Administrative Services shall provide grants to local governments and nonprofit corporations that agree to, within 90 days of receipt of grant funding, enter into an agreement among the member governments and nonprofit corporations, if any, to create a coordinated homeless response system that consists of, at a minimum:
(a) The establishment of a coordinated homeless response office;
(b) An advisory board with representation from the governing body of each member government;
(c) Specific roles of each member to support the advisory board and office;
(d) Plans for coordination with any local continuum of care receiving funding under 24 C.F.R. part 578; and
(e) The establishment of a centralized point of contact for the office.
(2) Grants provided under this section shall be used by the coordinated homeless response system to:
(a) Hire necessary staff for the office;
(b) Support coordinated communications and public engagement;
(c) Support community outreach and policy development, including stipends for people with current or recent lived experience of homelessness;
(d) Acquire technical assistance and capacity building, including contracting with consultants; and
(e) Pay for other expenses reasonably necessary to meet the requirements under this section.
(3) Within one year of receiving a grant under this section, a coordinated homeless response system, through the advisory board or each member government to the agreement, shall adopt a five-year strategic plan that will identify and set goals for addressing:
(a) Funding to support the ongoing operations of the coordinated homeless response system;
(b) Increasing or streamlining resources and services to people at risk of or experiencing homelessness within the participating cities and counties;
(c) Incorporating national best practices for ending homelessness;
(d) Eliminating racial disparities within homeless services within the service area; and
(e) Creating pathways to permanent and supportive housing that is affordable to local populations experiencing or at risk of homelessness.
(4) No later than November 15, 2023, and September 15, 2024, each coordinated homeless response system shall provide a report to the Housing and Community Services Department, Oregon Housing Stability Council and one or more appropriate interim committees of the Legislative Assembly in the manner provided in ORS § 192.245 on:
(a) The goals adopted in the five-year strategic plan and the progress made in implementing the plan;
(b) Other changes in homelessness services, ordinances of member governments relating to homelessness and partnerships or programs established that are specifically related to member government actions arising out of the agreement; and
(c) Identified challenges and opportunities relating to:
(A) Regional coordination of homelessness services and planning;
(B) Needs for technical assistance regarding program development or other programs from the Housing and Community Services Department; and
(C) Addressing racial disparities through partnerships with culturally specific and responsive organizations serving populations overrepresented in experiencing homelessness, including Black, Indigenous, People of Color, federally recognized tribes and tribal members and outreach and engagement with these populations.
(5) In performing tasks under this section, a coordinated homeless response system shall coordinate with and develop partnerships with local and regional stakeholders, including, but not limited to:
(a) Advocates for people experiencing homelessness and for people with lived experience of homelessness;
(b) Community action agencies;
(c) Housing authorities;
(d) Affordable housing providers;
(e) Behavioral health providers;
(f) Law enforcement;
(g) Educational agency liaisons for homeless children as described in 42 U.S.C. § 11432;
(h) Local Department of Human Services offices;
(i) Courts;
(j) Legal aid;
(k) Coordinated care organizations, as described in ORS § 414.572;
(L) Emergency shelter providers;
(m) Homeless service providers;
(n) Organizations serving and advocating for veterans, homeless youth, youth exiting the foster care system, individuals exiting the criminal justice system, people with disabilities and aging adults, health care systems, domestic violence and sexual assault survivors, members of lesbian, gay, bisexual, transgender, queer or questioning (LGBTQ) communities, people experiencing behavioral health and substance use disorders, faith communities and business communities; and
(o) The Housing and Community Services Department.
(6) In performing its duties under this section, a coordinated homeless response system shall coordinate with law enforcement, service providers and governing bodies to implement safe and humane processes to maintain public and environmental health and safety, balancing important individual and community rights.
(7) A coordinated homeless response system may use grant funds in excess of those funds needed by the system to accomplish the requirements of the system under subsections (1) to (6) of this section to support the delivery of homeless services and shelter consistent with the five-year strategic plan, including through contracts with service providers. [2022 c.70 § 1]
Section 1 of this 2022 Act is repealed on January 2, 2025. [2022 c.70 § 2]
Sections 1 and 2, chapter 116, Oregon Laws 2023, provide:
(1) The Housing and Community Services Department shall engage in efforts under this section to modify the state’s funding structure, based on the recommendations from the Task Force on Homelessness and Racial Disparities under section 7, chapter 448, Oregon Laws 2021.
(2) To implement the recommendations from the Task Force on Homelessness and Racial Disparities, the department may create committees and advisory committees for consideration of rules, as provided under ORS § 183.333, to help ensure stakeholder engagement and input, and to assist in designing policy frameworks, including funding mechanisms, allocations or formulas for developing allocations, for programs by:
(a) The nine federally recognized Indian tribes within Oregon, as determined in partnership with each tribe;
(b) Community action agencies, including antipoverty initiatives that intersect with homelessness priorities;
(c) Continuums of care, as defined in 24 C.F.R. part 578, and local planning groups, including coordinated homeless response offices established under section 1 (1), chapter 70, Oregon Laws 2022; and
(d) Organizations that are culturally specific, culturally responsive and culturally based, and other organizations that are focused on reducing disparities where there is a demonstrated overrepresentation in homelessness.
(3) On or before March 15, 2024, the department shall provide a report to a committee of the Legislative Assembly related to housing, in the manner provided in ORS § 192.245, on:
(a) Implementing the statutory policy frameworks for changes in the state’s investments for implementation of the recommendations described in this section for the biennium beginning July 1, 2025; and
(b) Recommendations for statutorily modifying other homeless service programs that the department operates as a result of the changes described in paragraph (a) of this subsection.
(4) In implementing the recommendations described in subsection (1) of this section, the department shall utilize outcome-oriented contracting processes or evidence-based and emerging practices for the programs and policies developed under subsection (2) of this section, including evidence-based and emerging practices for serving rural communities. [2023 c.116 § 1]
Section 1 of this 2023 Act is repealed on January 2, 2026. [2023 c.116 § 2]