Or. Admin. Code § 813-206-0030 - Eligible Projects
(1) To be a
project eligible for Multifamily Energy Program funding, the project must
satisfy applicable program requirements, including the requirements of all
other department financial assistance programs applicable to the project,
including, but not limited to, use for its development or ongoing financing.
(2) Existing or new construction
affordable multifamily properties with five (5) or more dwelling units per
building are eligible to be qualifying projects for program funding, whether
low-rise, mid-rise or high-rise multifamily buildings. Campuses of duplexes,
triplexes, and quadplexes will be considered on a case-by-case basis.
(3) Successful applicants for program funding
must satisfy applicable program requirements, including relevant procurement
and application requirements, as well as requirements of all other department
financial assistance programs from which funding will be used for development
or financing of the project.
(4)
Program funding sourced from the SB 1149 Electricity Public Purpose Charge
account is reserved for projects located in the PacifiCorp or Portland General
Electric service areas. Such projects, to be eligible for program funding, also
must use a hard-wired electrical system to qualify for program
funding.
(5) Applications for
program funding for projects located outside PacifiCorp and Portland General
Electric service areas are subject to acceptance by the department only when
funds from sources other than SB 1149 Electricity Public Purpose Charge account
resources are available.
(6) The
following project costs are eligible for reimbursement under the program:
(a) New construction costs related to
higher-than-code minimums on insulation, windows, appliances, lighting,
ventilation, domestic hot water, and electric heating systems; and
(b) Acquisition/rehabilitation costs related
to upgrades from original levels of insulation, windows, appliances, lighting,
ventilation, domestic hot water, and electric heating systems.
(7) Program funding is primarily
intended to benefit dwelling units ("Qualified Units") within eligible projects
that are or will be reserved for occupancy by qualifying low-income households
("Qualified Tenants") in accordance with program requirements, but may be used
to reimburse eligible reimbursement costs throughout the project as authorized
by the department.
(8) To be a
qualified tenant, household income at the time of occupancy, at a minimum, must
not exceed 80 percent of the area median income, adjusted for family size, as
determined by the department based upon information from the U.S. Department of
Housing and Urban Development ("HUD"). Notwithstanding the foregoing, the
department may establish area median income requirements for some or all
qualified units in a project as it chooses in its sole discretion, including in
consideration of the amount of program funding provided for the project.
(9) To be an eligible project for
program funding, at least one-half of the dwelling units in the project
normally must be qualified units. Notwithstanding the foregoing, the department
may establish such other ratio or number of qualified units in a project as it
chooses in its sole discretion, particularly in consideration of the amount of
program funding provided for the project.
(10) Qualified units must remain
rent-restricted throughout the affordability period in accordance with program
requirements, including the terms and conditions of the project financial
assistance agreement, to ensure the affordability of qualified units.
Acceptable affordability of rents typically means rents that a person or family
with an income, adjusted for family size, at the maximum level to be deemed a
qualified tenant, does not equal more than 30 percent of the gross income of
such qualified tenant or as otherwise allowed by the department.
(11) Restrictions on rents will be determined
by the department on the basis of gross rents, i.e., inclusive of utilities and
other costs determined by the department as appropriate for inclusion in the
calculation of rents so as to preserve the affordability of and access to
qualified units. The department may require its prior written approval of
initial rents for qualified units and for any subsequent adjustments of such
rents. It also may require such information from the project owner with respect
to project rents and tenant incomes as it deems appropriate in evaluating
appropriate rent levels.
(12) The
project must remain affordable, i.e., with the identified number of
appropriately rent-restricted qualified units occupied or held available for
occupancy by qualified tenants, for a minimum of 10 years or such longer period
identified by the department in the application or award process or otherwise
(the "Affordability Period"), unless superseded by other department resource
requirements.
(13) In developing
projects or otherwise in satisfying applicable program requirements, including
the use of program or other funds, applicants and others, including project
owners, may be subject to Oregon's Prevailing Wage Law ("OPWL"). Applicants and
others, including project owners, must provide documentation acceptable to the
department as to whether or not their project is subject to OPWL and, if
applicable, their compliance with same before, and as a condition of the,
receipt of program funds.
(14)
Unless otherwise approved in writing by the department:
(a) Owners of projects must be single-asset
entities (with the asset being the project).
(b) The applicant and the owner of the
project must be registered with and authorized to do business in the State of
Oregon by the Office of the Secretary of State.
(c) The project may not have any liens or
encumbrances prior to or that impair the liens and encumbrances associated with
the program and other department funding.
(d) The project and owner may not have debts,
liens, or encumbrances not approved in writing by the department.
(e) The project must include fee simple
ownership by the owner of the project site real property.
Notes
Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505 & ORS 757.612
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