Oregon Administrative Rules
Chapter 150 - DEPARTMENT OF REVENUE
Division 308 - ASSESSMENT OF PROPERTY FOR TAXATION
Section 150-308-0700 - Qualification of Property for Special Assessment as Government Restricted Multiunit Rental Housing
Universal Citation: OR Admin Rules 150-308-0700
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Definitions:
(a) "Qualified income rental
housing" means property subject to the occupancy by tenants who meet restricted
incomes and rents as described in the government incentive program in which the
owner of the property is participating.
(b) "Dwelling unit" means a structure or the
part of a structure that is used as a home or residence.
(c) "Contiguous" means having a common
boundary to some extent greater than a point. Tax lots are contiguous if
separated by public or county roads, state highways, or non-navigable streams
or rivers. Tax lots are not contiguous if they are separated by interstate
freeways or navigable streams or rivers, except where there is direct
connecting access, such as an underpass, for property separated by an
interstate freeway.
(d) "Assisted
Living Facility" means a building, complex or distinct part thereof, consisting
of fully self-contained individual living units where six or more seniors and
adult persons with disabilities may reside in homelike surroundings. The
facility offers and coordinates a range of supportive services available on a
24-hour basis to meet the activities of daily living, health, and social needs
of the residents. A program approach is used to promote resident self-direction
and participation in decisions that emphasize choice, dignity, privacy,
individuality, and independence.
(e) "Residential Care Facility" means a
building, complex or distinct part thereof, consisting of shared or individual
living units in a homelike surrounding where six or more seniors and adult
persons with disabilities may reside. The facility offers and coordinates a
range of supportive services available on a 24-hour basis to meet the
activities of daily living, health, and social needs of the residents. A
program approach is used to promote resident self-direction and participation
in decisions that emphasize choice, dignity, individuality, and independence.
(f) "Services" means supervision
or assistance provided in support of a resident's needs, preferences and
comfort, including health care and activities of daily living, that help
develop, increase, maintain, or maximize the resident's level of independent,
psychosocial and physical functioning.
(2) To qualify for special assessment as government restricted multiunit rental housing, all of the following criteria must be met:
(a) The owner must file an
application with the assessor in the county where the property is located;
(b) The property must be subject
to a government restriction, which limits the use of the housing to qualified
income rental housing, as of January 1 of the assessment year.
(c) The property owner must receive a
government incentive for agreeing to limit the use of the property to qualified
income rental housing. These incentives may include, but are not limited to:
(A) A low-income housing tax credit under
section 42 of the Internal Revenue Code;
(B) Financing derived from exempt
facility bonds for qualified residential rental projects under section
142 of the Internal Revenue Code;
(C) Financing derived from
non-hospital bonds issued by entities that are tax-exempt pursuant to section
501(c)(3) of the
Internal Revenue Code;
(D) A low
interest loan under section 235 or section 236 of the National Housing Act
(12
U.S.C. 1715Z or 1715Z-1) or under
42
U.S.C. 1485;
(E) A government rent subsidy;
(F) A government guaranteed loan; or
(G) A rural development 515 low
interest multifamily loan.
(d) The property must be residential rental
housing consisting of four or more dwelling units situated on the same or
contiguous tax lots. If there are multiple residential structures, at least 50
percent of the structures must contain two or more dwelling units; and
(e) The property must not be an
assisted living or residential care facility, or provide a program of assisted
living or residential care services.
(3) Examples of properties that may qualify for special assessment as having four or more dwelling units include:
(a) Two duplexes on the same tax lot.
(b) Two tax lots, each having one
duplex and separated by a local street.
(c) Two duplexes plus two single family
units, one of which may be a manager's unit, with each structure on a separate
but contiguous tax lot.
(4) Examples of properties that do not qualify for special assessment as having four or more dwelling units include:
(a) A triplex.
(b) Scattered, non-contiguous sites with no
more than three units per site.
(c) One duplex plus two single family units.
(d) Single family homes,
regardless of how many, whether on a single or contiguous tax lots.
(e) Group homes.
(5) If a single housing project consists of some units that qualify under this rule, such as two duplexes on the same tax lot, plus some units that do not qualify, such as two more duplexes on non-contiguous tax lots, only those units that qualify under this rule may be subject to special assessment.
Stat. Auth.: ORS 305.100
Stats. Implemented: ORS 205.320, 308.027, 308.156, 308.205, 308.234, 308.704, 308.709, 308.712, 308.714, 309.200, 311.806, 309.200 & 457.450
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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