Stat. Auth.:ORS456.555 Stats. Implemented:ORS456.375 - 456.390 Hist.: Ohcs 32-2014, F. & Cert. Ef. 6-24-14

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_813/813_360.html
Published: 2015

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

 

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HOUSING AND COMMUNITY SERVICES DEPARTMENT

 

DIVISION 360
HOUSING CHOICE LANDLORD GUARANTEE
PROGRAM
813-360-0000
Purpose and Objectives
The rules in OAR chapter 813, division
360 are promulgated to accomplish the general purpose of implementing ORS 456.375
to ORS 456.390 (the “Act”), which designates the Housing and Community
Services Department, herein after referred to as “the Department” as
the state agency responsible for developing and administering the Housing Choice
Landlord Guarantee Program and set forth the program requirements. The purpose of
the program is to provide certain financial assistance to qualifying landlords to
mitigate damages caused by tenants as a result of occupancy under the Housing Choice
Voucher Program.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS
456.375 to 456.390
Hist.: OHCS 32-2014, f. &
cert. ef. 6-24-14
813-360-0010
Definitions
Words and terms used in OAR chapter
813, division 360 should be construed as defined or used in the Act, in 813-005-0005,
or in this division unless the context clearly requires otherwise. For purposes
of this division:
(1) “Claim” means
a claim in form and substance acceptable to the department filed by a landlord for
program assistance to reimburse the landlord for qualifying damages awarded in a
final judgment as further provided in these rules.
(2) “Housing Choice
Landlord Guarantee Program” or “program” means the program established
in the Act as further set forth in this division.
(3) “Housing Choice
Landlord Guarantee Program Fund” or “fund” means the fund established
pursuant to ORS 456.385 for the reimbursement of qualifying program damages.
(4) “Housing Choice
Voucher Program” means the federal tenant-based assistance program established
under 42 USC 1437(f)(o).
(5) “Landlord”
means an owner of a dwelling unit that has entered into an agreement with a local
housing authority to receive tenant-based assistance payments under the Housing
Choice Voucher Program and that has entered into a rental or lease agreement with
a tenant determined to be eligible to receive assistance under the Housing Choice
Voucher Program. "Landlord" includes a person who is authorized by the owner, lessor
or sublessor to manage the premises or to enter into a rental agreement.
(6) “Local housing
authority” means a housing authority defined in ORS Chapter 456 that has entered
into a contract with the Secretary of Housing and Urban Development of the United
States pursuant to which the housing authority is authorized to make tenant-based
assistance payments to landlords within a designated county or area of operation
under the Housing Choice Voucher Program.
(7) “Program assistance”
means reimbursement funding to a landlord by the department from the Housing Choice
Landlord Guarantee Program Fund pursuant to these rules in response to a claim filed
with the department by a landlord.
(8) “Tenant”
means an individual or a family eligible to receive tenant-based assistance payments
under the Housing Choice Voucher Program who has entered into a rental or lease
agreement with a landlord.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS
456.375 to 456.390
Hist.: OHCS 32-2014, f. &
cert. ef. 6-24-14
813-360-0020
Program Administration
(1) The department, in its sole discretion,
may choose to contract with one or more public or private provider(s) for the administration
of the Housing Choice Landlord Guarantee Program. The department is not subject
to the provisions of ORS chapter 279A or 279B in procuring or effectuating such
a contract.
(2) If the department chooses
to contract for the administration of the program:
(a) The department will do
so in accordance with OAR chapter 813, division 6 as supplemented herein.
(b) The department will publish
solicitations, application requirements, award criteria, and deadlines through the
Oregon Procurement Information Network (ORPIN).
(c) The department will provide
stakeholders, including the Housing Choice Advisory Committee as created by ORS
456.390(4), with the opportunity to provide input regarding the contract award process.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS
456.375 to 456.390
Hist.: OHCS 32-2014, f. &
cert. ef. 6-24-14
813-360-0030
Landlord Eligibility
(1) In order to be eligible for program
assistance, a landlord must first obtain a judgment with a monetary award against
a tenant from a court in the county in which the tenant or the property is located.
(a) The judgment must be
from a circuit court, the small claims department of a circuit court, or a justice
court.

(b) The time frame for
appeal of the judgment must have expired without appeal or the judgment must otherwise
not be subject to further judicial review.
(2) Program assistance is
limited to reimbursement for those amounts covered in a judgment that are related
to property damage, unpaid rent or other damages satisfactorily described and documented
in a claim to the department from a landlord and:
(a) Incurred after July 1,
2014;
(b) Caused as a result of
the tenant’s occupancy pursuant to a rental agreement under the Housing Choice
Voucher Program in effect at the time the damage was incurred;
(c) That exceed normal wear
and tear; and
(d) That are in excess of
$500, but not more than $5,000 per tenancy.
(A) Program assistance for
damages in amounts less than $500 may be provided by the department, when a partial
amount still owes on a judgment in excess of $500. For example, if a landlord has
received a payment of $400 on a $700 judgment for qualifying damages, the landlord
may seek reimbursement for the remaining $300 owing to it under the judgment.
(B) Program assistance for
damages up to $5,000 may be provided by the department on a judgment that is in
excess of $5,000. For example, if a landlord has a judgment for $7,000 of qualifying
damages, the landlord may seek reimbursement for up to $5,000 of the qualifying
damages.
(3) Qualifying damages included
within the meaning of property damage, unpaid rent or other damages may include:
(a) Attorney fees, court
costs, and interest;
(b) Loss of rental income
during the time required for repairs to with respect to qualifying property damage;
(c) Lease-break fees;
(d) Other costs related to
lease violations by a tenant.
(4) A landlord may not seek,
accept or retain program assistance from the department for amounts paid to the
landlord for qualifying damages by the tenant or by a third party.
(5) If, after submitting
a claim for program assistance to the department, a landlord receives payment for
any claimed damages from a tenant or a third party, the landlord must notify the
department within ten (10) days of such payment.
(6) A landlord must provide
restitution to the department for overpaid program assistance within forty-five
(45) days.
(7) The department shall
maintain a record of program assistance provided to a landlord to assist it in determining
if there has been an overpayment of program assistance to that landlord.
(8) The following examples
are illustrative of when restitution may or may not be owed by a landlord to the
department. Any amounts paid to the landlord shall be applied to the sum total of
the qualifying judgment owed the landlord:
(a) Example 1: A qualifying
judgment is $6,000. The landlord receives a $5,000 reimbursement from the fund,
and a $1,000 payment from the tenant. The landlord reports the receipt of $1,000.
There has been no overpayment.
(b) Example 2: A qualifying
judgment is for $6,000. The landlord receives a $5,000 reimbursement from the fund,
and a $2,000 payment from the tenant. The landlord reports the $2,000. There has
been a $1,000 overpayment to the landlord, which must be reimbursed to the department
by the landlord.
(9) A landlord must submit
a claim for program assistance to the department within one year from the date of
the expiration of the right to appeal a qualifying judgment against a tenant or
the date after which the judgment is not subject to further appeal.
(10) A landlord must file
a satisfaction of judgment in the amount of any program assistance received from
the department in the court from which the judgment against the tenant was obtained.
A copy of this filed satisfaction must be delivered to the department within 30
days of the landlord’s receipt of the program assistance.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS
456.375 to 456.390
Hist.: OHCS 32-2014, f. &
cert. ef. 6-24-14
813-360-0040
Claim for Assistance
(1) The department will provide the
required form or information for a claim for program assistance on its website.
A claim must include a signed declaration by the landlord as to the truth of matters
asserted, including but not necessarily limited to:
(a) An attestation regarding
how the damages submitted for reimbursement meet the criteria set out in OAR 813-360-0030
(Landlord Eligibility);
(b) The tenant’s last
known address and the address used to accomplish service of the court pleadings
on the tenant, if different;
(c) The landlord’s
current mailing or contact address;
(d) The specific address
of the property where the tenant resided at the time the damage was incurred;
(e) A list of any payments
the landlord has received towards the judgment, either by the tenant or a third
party.
(2) The claim must be accompanied
by:
(a) A copy of the complaint;
(b) A court-certified copy
of the judgment;
(c) A copy of the final security
deposit accounting containing an itemization of damages;
(d) A copy of the pre- and
post-tenancy inspection reports, if any;
(e) A copy of Part A of the
Housing Choice Voucher Program agreement between the landlord, the tenant, and the
housing authority, for the property where the damage was incurred; and
(f) Such other information
as the department may require.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS
456.375 to 456.390
Hist.: OHCS 32-2014, f. &
cert. ef. 6-24-14
813-360-0050
Awards of Assistance
(1) Prior to approving a claim for program
assistance, the department will:
(a) Determine if the claim
is complete and satisfies the criteria necessary to be a qualifying claim, including
as set out in OAR 813-360-0030 and 813-360-0040;
(b) Verify with the public
housing authority that the tenant was a voucher holder at the time the tenancy was
terminated.
(2) The department will endeavor
to review claims for program assistance and make awards of program assistance for
qualifying applications within 45 days of its receipt of all required information.
The department may choose to require the submittal of additional or clarifying
information.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS
456.375 to 456.390
Hist.: OHCS 32-2014, f. &
cert. ef. 6-24-14
813-360-0060
Tenant Repayment Plans
(1) When a payment of program assistance
is made to a landlord, the department will require the responsible tenant to repay
the full or a partial amount of any program assistance paid to the landlord and
shall offer the responsible tenant a reasonable repayment agreement that provides
for repayment by the tenant to the department of the full or a partial amount of
the program assistance paid to the landlord.
(2) Repayment plans from
the department shall take into account factors the department deems relevant as
to capacity for repayment, including but not limited to the tenant’s family
size, monthly income, debt obligations, and the family’s ability to meet the
basic needs of the household.
(3) After the department
pays a claim for program assistance to a landlord, the department will serve a notice
upon the responsible tenant that informs the tenant of the following:
(a) That the tenant must
repay to the department the amount of any program assistance paid to a landlord
on the tenant’s behalf;
(b) That the tenant may enter
into a reasonable repayment agreement with the department to repay the full or a
partial amount of any program assistance paid to a landlord on the tenant’s
behalf. The tenant may request a repayment plan by contacting the department;
(c) That the tenant may request
a waiver of the repayment requirement for good cause by contacting the department;
(d) That if the tenant does
not enter into a repayment agreement or make good faith efforts to comply with the
terms of a repayment agreement, or otherwise fails to repay the full or an agreed-upon
partial amount of assistance paid to the landlord on the tenant’s behalf,
the department may seek to collect any amount remaining unpaid by the tenant;
(e) That the department will
make available upon request by local housing authorities and landlords information
regarding a tenant’s compliance with the provisions of this section, including
records of repayments made by the tenant, where applicable;
(f) That the tenant may seek
a waiver of repayment requirements under this section for good cause shown and may
contest the department’s determination that the tenant has an obligation to
repay any amounts of assistance paid to a landlord on the tenant’s behalf,
in accordance with ORS Chapter 183; and
(g) The means by which a
tenant may contest the department’s determination that the tenant has an obligation
to repay any program assistance, its determination as to a tenant’s failure
to comply in good faith with a repayment agreement, or the department’s determination
with respect to any requested waiver of repayment.
(4) The department will waive
program assistance repayment requirements upon its determination of good cause for
such waiver. The department may waive other requirements of the Act and this division
upon its determination of good cause for such waiver. Factors that the department
may consider if there is good cause for waiver include, but are not limited to the
following:
(a) The landlord has already
been paid, either by the tenant or a third party;
(b) The damages resulting
in the judgment were the result of domestic violence, sexual assault, stalking,
or other crime of which the tenant or someone in the tenant's household was the
victim;
(c) The tenant and family
have insufficient income, including all financial assistance and subsidies, to meet
the basic minimum needs of the household; and
(d) Other extenuating circumstances
as further defined in the guidelines.
(5) Amounts repaid by tenants
under this section will be deposited by the department into the fund.
(6) The department may pursue
any rights, remedies or processes provided at law or otherwise for the collection
of unpaid amounts due from a tenant for program assistance paid to a landlord on
the tenant’s behalf.
(7) The department will,
in accordance with ORS chapter 183, provide an opportunity for the tenant to contest
the following:
(a) The department’s
determination that the tenant has an obligation to repay the department,
(b) That the tenant has failed
to repay amounts due under a repayment agreement,
(c) That the tenant has not
made or is not making a good faith effort to comply with the repayment agreement;
(d) That the tenant has not
paid to the department the full or a partial amount of the assistance paid to a
landlord on the tenant’s behalf; or
(e) That the department properly
failed to waive a repayment obligation.
(8) The department will serve
a notice of noncompliance upon a tenant in accordance with ORS 183.415 that states
the amount of program assistance remaining unpaid by the tenant. If the notice is
served by mail, it will be sent to the tenant’s last known address, and the
address used to accomplish service of the court pleadings on the tenant, if different.
(9) The department will note
whether or not a tenant is in compliance with applicable repayment obligations and
make that information available to local housing authorities and landlords at no
cost. A tenant will be considered in compliance if the tenant has been granted a
relevant waiver, or the department determines that the tenant has made or is making
good faith efforts at repayment. The department will note if the full amount of
program assistance has been repaid.
(a) The contact number or
email address that a landlord may use to request compliance information will be
made available on the department's website.
(b) The department will respond
promptly to requests for compliance information.
(c) The department will update
compliance information on a timely basis, not less frequently than every 30 days.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 456.375
- 456.390
Hist.: OHCS 32-2014, f. &
cert. ef. 6-24-14


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