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Corporation Program


Published: 2015

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The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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HOUSING AND COMMUNITY SERVICES DEPARTMENT

 

DIVISION 47
COMMUNITY DEVELOPMENT
CORPORATION PROGRAM

813-047-0001
Purpose and Objectives
OAR chapter 813, division 47, is promulgated to accomplish the general purpose of ORS 456.515 to 456.725 and 458.210 to 458.240, specifically 458.210 through 458.240, which authorize the Department to establish the Community Development Corporation Program. The objective of this Program is to assist qualified nonprofit Community-Based Organizations (CBOs) to establish Community Development Corporations (CDCs). This objective:
(1) Expands the capacity of Community-Based Organizations to meet the housing and community development needs of their respective service areas by building, rehabilitating, and managing low- and moderate- income housing, and
(2) Provides Community-Based Social Services which provide training or employment for low- and moderate- income residents within targeted areas.
Stat. Auth.: ORS 458.210 - ORS 458.240

Stats. Implemented: ORS 458.210 - ORS 458.240

Hist.: HSG 2-1990, f. & cert. ef. 2-5-90; HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 3-1991, f. & cert. ef. 9-4-91; HSG 2-1992(Temp), f. & cert. ef. 1-9-92; HSG 7-1992, f. & cert. ef. 6-16-92; OHCS 14-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03; OHCS 7-2003, f. & cert. ef. 5-16-03
813-047-0005
Definitions
All words and terms used in OAR chapter 813, division 047 are defined in the Act, in 813-005-0005 and below. As used in OAR chapter 813, division 047, unless the context indicates otherwise:
(1) "Capacity Building Grant" means a grant that is used to increase or broaden a Community Development Corporation's Local Capacity to meet the housing needs of the service area.
(2) "Community-Based Organization" or "CBO" means a nonprofit corporation organized under ORS Chapter 65, a housing authority established under ORS 456.055 to 456.235, a Community Action Agency, a Community Development Corporation, or other nonprofit or governmental entity representing or seeking to serve the housing, human services or Community Economic Revitalization needs of a clearly-defined population and area.
(3) "Community-Based Social Services" means comprehensive client-centered services delivered within a Targeted Area that promotes Community Economic Revitalization. The purpose of these services is to assist individuals and families to become more functional and self-reliant.
(4) "Community Development Corporation" or "CDC" means a nonprofit 501(c)(3) corporation organized (under ORS Chapter 65 which has its purpose, as stated in its articles of incorporation, to serve the needs of low and moderate income people for community development and self-help; is governed by a board of directors that has no fewer than five members, 51 percent of which are from the CDC's Service Area; and which has a clearly defined geographic Service Area.
(5) "Community Economic Revitalization" means community-oriented strategy that targets resources in order to address problems in a Targeted Area, that is controlled by residents of the Targeted Area, and that uses tangible development activities to increase the amount of investments made and retained in the Targeted Area.
(6) " Service Area" means the specific area or region which the nonprofit Community-Based Organization or Community Development Corporation has identified or targeted to receive development activity.
(7) "Human Investment Strategies Grant" means a grant that is used to increase or broaden a Community Development Corporation's Local Capacity to deliver Community-Based Social Services through the training or employment of residents of a Targeted Area.
(8) "Initial Planning Grant" means a grant that is used to incorporate and establish a Community Development Corporation.
(9) "In-Kind Contribution" means a contribution to a project other than cash, including, but not limited to, office equipment, working space, office supplies, staff time, telephone and automobile use, donated project materials or labor, and non-board volunteer time.
(10) "Local Capacity" means the ability or competency of organizations in an identified geographic area to address housing, human services, or Community Economic Revitalization issues or problems.
(11) "Low Income" means an adjusted annual household income, as defined in 24 CFR, Part 91.5, which exceeds 50 percent but does not exceed 80 percent of the median household income for the area, as determined by the U.S. Department of Housing and Urban Development, with allowances for family size.
(12) "Moderate Income" means an adjusted annual household income, as defined in 24 CFR, Part 91.5, which is between 81 and 95 percent of the median household income for the area, as determined by the U.S. Department of Housing and Urban Development, with allowances for family size.
(13) "Program" means the Community Development Corporation Program.
(14) "Targeted Area" means a defined county or multi-county area, a town or city, or neighborhoods that receives public program services.
(15) "Very Low Income" means an adjusted annual household income, as defined in 24 CFR, Part 91.5, which does not exceed 50 percent of the median household income for the area, as determined by the U.S. Department of Housing and Urban Development, with allowances for family size.
Stat. Auth.: ORS 458.210 - ORS 458.240

Stats. Implemented: ORS 458.210 - ORS 458.240

Hist.: HSG 2-1990, f. & cert. ef. 2-5-90; HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 3-1991,m f. & cert. ef. 9-4-91; HSG 2-1992(Temp), f. & cert. ef. 1-9-92; HSG 7-1992, f. & cert. ef. 6-16-92; OHCS 14-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03; OHCS 7-2003, f. & cert. ef. 5-16-03
813-047-0006
Administration
(1) The Department may provide Initial Planning Grants, Capacity Building Grants or Human Investment Strategies Grants. The Department may restrict the availability of Program funds for each grant category at the time it solicits applications.
(a) Initial Planning Grants. The maximum award for an Initial Planning Grant will be $5,000.
(b) Capacity Building Grants. The Department will not award Capacity Building Grants to cover 100 percent of the costs of the activities funded by the grant. The maximum award for a Capacity Building Grant will be $50,000.
(c) Human Investment Strategies Grants. The Department will not award grants to cover 100 percent of the costs of the activities funded by the grant. The maximum award will be $50,000.
(2) The Department may further restrict the use of available funds for specific Local Capacity building activities related to housing needs or for specific Human Investment Strategies Grant activities in the Service Area of a CBO, restrict the amount or type of assistance available, or restrict the type of applicant eligible for assistance.
(3) A CBO may not receive more than one grant per biennium under each category of grant.
Stat. Auth.: ORS 458.210 - ORS 458.240

Stats Implemented: ORS 458.210 - ORS 458.240

Hist.: OHCS 14-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03; OHCS 7-2003, f. & cert. ef. 5-16-03
813-047-0010
Application Procedure and Requirements
(1) The Department will , as Program funds are available, support or solicit applications for Program grants and will consider only applications received in response to such solicitations.
(2) All applications for Program grants shall be submitted in writing to the Department and shall contain at a minimum the following information:
(a) Name, address, and telephone number of the applicant;
(b) Amount and type of assistance requested;
(c) A description of how the assistance will be used including whether the funds are:
(A) For an Initial Planning Grant to start up a Community Development Corporation;
(B) For a Capacity Building Grant to expand an existing Community Development Corporation; or
(C) For a Human Investment Strategies Grant to expand an existing Community Development Corporation's Local Capacity to provide Community-Based Social Services within a Targeted Area; and
(d) A description of the desired outcomes and how the applicant will achieve those outcomes:
(A) In the case of a Capacity Building Grant, a CDC applicant must demonstrate the usefulness and supportive effect such a grant provides to the realization of overall objectives of the anticipated project/activity;
(B) In the case of a Human Investment Strategies Grant, a CDC applicant must demonstrate how the proposed project supports the needs of individuals and families residing in a Targeted Area; how the proposed project will promote Community Economic Revitalization through the delivery of Community-Based Social Services within the Targeted Area; and how the Community-Based Social Services funded by such a grant will provide training or employment programs to Low- and Moderate- Income residents of the Targeted Area;
(e) A description of the Community Development Corporation's present or proposed Service Area or a description of the Targeted Area as it applies to a Human Investment Strategies Grant; and
(f) In the case of an Initial Planning Grant, evidence of matching funds or In-Kind Contributions in a minimum amount (expressed as a percentage of a grant request) that will be specified in the applicable Program solicitation, which minimum amount shall not exceed 50 percent of a grant request. However, a CBO may indicate greater In-Kind Contributions in support of its application.
Stat. Auth.: ORS 458.210 - ORS 458.240

Stats. Implemented: ORS 458.210 - ORS 458.240

Hist.: HSG 2-1990, f. & cert. ef. 2-5-90; HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 3-1991, f. & cert. ef. 9-4-91; HSG 2-1992(Temp), f. & cert. ef. 1-9-92; HSG 7-1992, f. & cert. ef. 6-16-92; OHCS 14-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03; OHCS 7-2003, f. & cert. ef. 5-16-03
813-047-0015
Application Review
(1) The Department may, within 30 calendar days of receipt of an application, approve the application or request additional information from the applicant. If within this 30-day period, the Department takes no formal action on the application or has not requested additional information, the application will be deemed denied.
(2) In reviewing applications, the Department may consider, in addition to any special evaluation criteria described in the applicable solicitation, the following (as appropriate or required):
(a) Amount of available funds in the Program;
(b) Availability of other sources of assistance, including In-Kind Contributions, in excess of the minimum required;
(c) An applicant's ability to leverage public or private funds;
(d) Compliance with any statutorily-required geographic preferences;
(e) In the case of the Human Investment Strategies Grants, the appropriateness and effectiveness of the proposed activities for the Targeted Area;
(f) Appropriateness of the organizational develop proposed;
(g) Appropriateness of the proposed activities to meet the housing, human services, or Community Economic Revitalization needs of residents within the Service Area;
(h) The number of Low and Moderate Income persons to be assisted;
(i) Documentation of local coordination efforts focused at avoiding duplication of existing services and meeting the unmet needs; and
(j) In the case of the Human Investment Strategies Grants, documentation of coordination with local housing interests including, but not limited to, Community Action Agencies, Community Development Corporations, housing development corporations, and the local governing jurisdiction or jurisdictions.
(3) The Department will select those applications which, in the judgment of the Department, comply with the requirements and best achieve the purposes of the Program, the Act, OAR chapter 813, division 047, and any evaluation criteria outlined in the applicable program solicitation.
(4) The Department will give preference to a Community Development Corporation that:
(a) Has a defined geographic service area in Multnomah, Washington, Clackamas, Lane, Linn, Douglas, Jackson or Marion counties that does not include more than 50,000 people; or
(b) Has a defined geographic service area in any other county that does not include more than 75,000 people; and
(c) Can demonstrate support from the community. Acceptable demonstrations of support must be in writing and may include, but are not limited to, organizational letters, personal statements, or written commitments of project contributions.
Stat. Auth.: ORS 458.210 - ORS 458.240

Stats. Implemented: ORS 458.210 - ORS 458.240

Hist.: HSG 2-1990, f. & cert. ef. 2-5-90; HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 3-1991, f. & cert. ef. 9-4-91; HSG 2-1992(Temp), f. & cert. ef. 1-9-92; HSG 7-1992, f. & cert. ef. 6-16-92; OHCS 14-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03; OHCS 14-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03; OHCS 7-2003, f. & cert. ef. 5-16-03
813-047-0020
Grant
(1) The Department will confirm to the applicant in writing the amount of assistance, if any, to be provided from the Program. In the grant award letter, the Department will inform grant recipients of their eligibility to apply for additional grant funding from the Program within the same biennium. A grant is awarded subject to execution by the grant recipient and the Department of a grant award contract in form and substance satisfactory to the Department and such other documents as the Department considers appropriate or necessary to evidence the type and amount of assistance provided.
(2) Grant funds will be used:
(a) In the case of Initial Planning Grants, to provide funds for the purpose of payment of rent, staff salaries and benefits, office supplies and expenses, legal fees, filing fees, and other such expenses incurred by or on behalf of a CBO during its initial planning phase;
(b) In the case of Capacity Building Grants, to provide funds for the purpose of payment of expenses incurred by or on behalf of a CBO for development or expansion of projects or programs, or expanding the organizational capacity of a CBO, such as expenses for additional staff, training, or capital outlay; and
(c) In the case of Human Investment Strategies Grants, to provide funds for training and employment programs directly involved with the delivery of Community-Based Social Services (including, but not limited to, early childhood development, health care, services for the elderly, services for youth, services for substances abuse, and services for the developmentally disabled) to residents of a Targeted Area; additional staff for the development of a Human Investment Strategies Grant project; expanding a CBO's organizational capacity to administer a Human Investment Strategies Grant; and overhead, training, or capital outlay costs associated with the development of a Human Investment Strategies Grant project.
(3) The Department may establish such performance criteria, reporting requirements, termination provisions, remedies, including but not limited to suspension or termination of funding, and any other terms and conditions as the Department considers appropriate or necessary for the type and use of assistance provided.
Stat. Auth.: ORS 458.210 - ORS 458.240

Stats. Implemented: ORS 458.210 - ORS 458.240

Hist.: HSG 2-1990, f. & cert. ef. 2-5-90; HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 3-1991, f. & cert. ef. 9-24-91; HSG 2-1992(Temp), f. & cert. ef. 1-9-92; HSG 7-1992, f. & cert. ef. 6-16-92; OHCS 14-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03; OHCS 7-2003, f. & cert. ef. 5-16-03
813-047-0025
Waiver
The Director may waive or modify any requirements of OAR chapter 813, division 047, including any waiver or modification as may be necessary or convenient to comply with the rules, regulations or procedures prescribed by any source of funds for the Program, unless such waiver or modification would violate applicable federal or state statutes or regulations.
Stat. Auth.: ORS 458.210 - ORS 458.240

Stats. Implemented: ORS 458.210 - ORS 458.240

Hist.: HSG 2-1990, f. & cert. ef. 2-5-90; HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 3-1991, f. & cert. ef. 9-24-91; HSG 2-1992(Temp), f. & cert. ef. 1-9-92; OHCS 14-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03; OHCS 7-2003, f. & cert. ef. 5-16-03

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