Or. Admin. Code § 660-008-0200 - Housing Production Strategy Structure

As provided in ORS 197A.100, a city must develop and adopt a housing production strategy. The housing production strategy is a comprehensive city-wide action plan encompassing all domains in a city's control to promote housing production, affordability, and choice. A city must work interdepartmentally to the extent possible in developing and implementing the housing production strategy and the associated engagement work, including but not limited to collaboration across the planning, permitting, and community development departments. At a minimum, the housing production strategy must include the contextualized housing need as directed by OAR 660-008-0075 and the following components:

(1) Equitable Engagement - In addition to, or as part of, the equitable engagement undertaken for the contextualized housing need under OAR 660-008-0075(5), a housing production strategy must include equitable engagement specific to developing the housing production strategy and in particular the selection of the actions as provided in section (2) and the assessment of benefits and burdens as provided in subsection (2)(b)(K).

(a) A city must solicit feedback from producers of needed housing, and particularly those who represent or serve communities of color, low-income communities, individuals with disabilities, and tribal communities, including tribal governments to ensure these perspectives are meaningfully incorporated. A city may refer to the department's Equitable Engagement Toolkit to employ best practices regarding equitable engagement.

(b) A city must utilize any relevant engagement feedback from the contextualized housing need under OAR 660-008-0075(5).

(c) A city must provide an equitable engagement summary as part of the housing production strategy. The equitable engagement summary must include:

(A) A list and description of the types of interested parties and communities who comprise producers of needed housing who represent or serve protected classes and named communities in needed housing as provided in ORS 197A.018, especially with regard to those to represent and serve communities of color, low-income communities, individuals with disabilities, and tribal communities.

(B) The list of tribes as provided in OAR 660-008-0075(5)(c)(B). A city satisfies the engagement requirement to center tribal communities in this rule when:

(i) Notice has been made to all tribes as identified in paragraph (B) by inviting government-to-government consultation and staff coordination in the development of the city's housing production strategy, and

(ii) Follow up communication, consultation, and coordination as requested by the tribes regarding the housing production strategy is complete.

(C) A summary of how the city engaged interested parties, communities, and tribes identified in paragraphs (A) and (B), including why they were engaged, engagement methods used, a list of each engagement effort or event being used to select the actions in the housing production strategy and assess the benefits and burdens analysis as provided in subsection (2)(b)(K), and the interested parties, communities, or tribes identified in paragraphs (A) and (B) who the city believes may still be underrepresented in this process;

(D) A summary of feedback received from each engagement effort or event, as well as a description of the major feedback themes attributed to the likely impacted interested parties, communities, and tribes identified in paragraphs (A) and (B). A city must determine whether each major feedback theme influenced the selection of actions in the housing production strategy in alignment with program principles or not. If a feedback theme influenced the selection of action or actions, it must be documented. If a theme did not influence the selection of action or actions, the city must provide a rationale explaining why.

(E) An evaluation of how to improve equitable engagement practices for future housing engagement efforts conducted by the city, including but not limited to improvements in affirmatively furthering fair housing and tribal coordination and consultation.

(2) Actions to Meet Current and Future Housing Need - A housing production strategy must include a list of specific actions that ensure the opportunity for and promote the provision of needed housing to meet the housing production target, by affordability bracket, with net new units for the city's six- or eight-year housing production strategy cycle. The provision of needed housing includes its development, preservation, rehabilitation, adaptation, and maintenance while also affirmatively furthering fair housing by maximizing benefits and minimizing burdens for protected classes and named communities in needed housing as provided in ORS 197A.018, with particular focus on communities of color, low-income communities, individuals with disabilities, and tribal communities. The housing production strategy must demonstrate that the identified actions collectively support the city's needed housing types, characteristics, and locations as identified through the contextualized housing need as provided in OAR 660-008-0075. A housing production strategy may identify actions including, but not limited to, those described in ORS 197A.100(3), actions listed in the Housing Production Strategy Guidance for Cities published by the commission under Attachment B. The housing production strategy must include:

(a) A review of actions already implemented that includes:

(A) The city's most recently completed survey to meet the requirements of ORS 197A.115; and

(B) A reflection on each action in the survey in paragraph (A) and its efficacy in producing net new needed housing types, characteristics, and locations and in remedying or mitigating the fair housing issue or issues the action was intended to respond to. This reflection must include a review of:

(i) The housing production dashboard,

(ii) The housing equity indicators, and

(iii) For cities subject to OAR 660-012-0315(1) or cities within Metro Region 2040 Centers as defined in OAR 660-012-0005(24), housing developed in compact, mixed-use areas as provided in OAR 660-012-0905 or included in an approved land use and transportation scenario plan as provided in OAR 660-044-0050 or OAR 660-044-0120.

(b) A report outlining each action in the housing production strategy. For each action, this report must include:

(A) A title and description of the action chosen;

(B) A title and description of the alternate action chosen, if any;

(C) The identification number from the Housing Production Strategy Guidance for Cities. For any action not listed in the Housing Production Strategy Guidance for Cities under Attachment B, the city must provide an explanation as to how the action will address the identified housing needs and fair housing issues as effectively as or more effectively than relevant actions from the Housing Production Strategy Guidance for Cities under Attachment B;

(D) An adoption year for the action, if applicable;

(E) A year for when the action will be implemented;

(i) Cities must consider the sequencing of actions when establishing implementation timelines. Actions shall be scheduled to maximize benefits and minimize burdens, ensuring that their timing aligns with and complements other actions for the most beneficial overall impact.

(ii) Sequencing decisions shall consider in particular the benefits and burdens of communities of color, low-income communities, individuals with disabilities, and tribal communities.

(F) A time frame over which the action is expected to begin meeting housing need;

(G) The action's expected magnitude of impact on the development of needed housing over the six- or eight-year housing production target horizon;

(H) A description of critical steps that all relevant staff and departments of the city and other interested parties and partners must take to implement the action;

(I) A description of how the city will assess and track the results of the action;

(J) The housing need met in terms of:

(i) Any fair housing issues the action is expected to mitigate or resolve;

(ii) The needed housing types the city expects the action to produce,

(iii) The needed housing characteristics the city expects the action to produce, including at a minimum tenure and affordability per the income brackets provided in ORS 184.453(4),

(iv) The needed housing locations the city expects the action to produce, and

(v) The major feedback theme the action is responsive to;

(K) An analysis of the income and demographic populations that the city anticipates to receive benefit or burden from the action, including but not limited to:

(i) Low-income communities,

(ii) Communities of color;

(iii) Individuals with disabilities; and

(iv) Tribal communities; and

(L) The names of any complementary actions in the housing production strategy or other implementation details specifically intended to pair with this action in order to strengthen needed benefits or mitigate burdens.

(c) Delinquent Actions - The city must include any actions from the most recently adopted or amended housing production strategy which were not completed during the previous housing production strategy cycle in the current housing production strategy along with an implementation year prior to the city's midpoint report due date. Delinquent actions from the previous housing production strategy cycle are ineligible for requests for timeline extensions and replacement actions in the midpoint report and review.

Notes

Or. Admin. Code § 660-008-0200

LCDD 15-2024, adopt filed 12/20/2024, effective 1/1/2025

Statutory/Other Authority: ORS 197.040

Statutes/Other Implemented: ORS 197.012 & ORS 197A.015 - 197A.470