Or. Admin. Code § 813-115-0030 - Required Notices by Owner to OHCS and Other Qualified Purchasers
(1)
First
notice. The owner of a participating property must provide OHCS and any
qualified purchaser of the participating property timely notice of expiration
of affordability restrictions as outlined in ORS
456.260.
(2)
Second notice. In addition
to the notice identified in subsection (1) above, the owner must provide OHCS
and any other qualified purchaser of the participating property timely notice
of the owner's request to withdraw the participating property from publicly
supported housing as outlined in ORS
456.260.
(3) The notices identified in subsections (1)
and (2) above:
(a) Must be on a form as
prescribed and provided by OHCS. The owner must deliver the notice
electronically through an OHCS approved database, by electronic certified
email, or by registered or certified mail. Electronic or regular mail without
certification is not an acceptable delivery format and,
(b) Are deemed effective three days after the
date any such notice is sent by electronic delivery, by registered or certified
mail with return receipt, or in other delivery format prior approved by OHCS.
Electronic or regular mail without certification is not an acceptable format
for submittal.
(4) When
applicable, a pending additional affordability restriction or extension of an
affordability restriction term with OHCS, HUD, or USDA Rural Development may
serve as proof of the owner's intent to preserve the participating property in
lieu of the above notices in subsections (1) and (2) above. In such applicable
cases, OHCS may inform the owner and waive the notice requirements.
(5) OHCS may, at its sole discretion, provide
extensions to deadlines for delivery of the notices identified in subsections
(1) and (2) above.
(6) OHCS may, at
its sole discretion, on a participating-property basis, waive the notice
requirements under subsections (1) and (2) above for property owners that are
local governments or housing authorities.
Notes
Statutory/Other Authority: ORS 456.258
Statutes/Other Implemented: ORS 456.250-456.265
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