Current through Register Vol. 63, No. 9, September 1, 2024
As provided in ORS 197.290(2), a city with a population of more
than 10,000 people must develop and adopt a Housing Production Strategy Report
that includes a list of specific actions, including the adoption of measures
and policies that the city shall undertake to promote development within the
city to address a housing need identified under ORS
197.296(3)
or (10) for the most recent 20-year period
described in the city's Housing Capacity Analysis. At a minimum, this Report
must include the following components:
(1) Contextualized Housing Need - A
contextualization and incorporation of information from the most recent Housing
Capacity Analysis that describes current and future housing needs in the
context of population and market trends.
(a)
At a minimum, this must include a discussion of:
(A) Socio-economic and demographic trends of
households living in existing Needed Housing. This must include a
disaggregation of households living in existing Needed Housing by race and
ethnicity;
(B) Measures already
adopted by the city to promote the development of Needed Housing;
(C) Market conditions affecting the provision
of Needed Housing;
(D) Existing and
expected barriers to the development of Needed Housing;
(E) An estimate of the number of people or
households experiencing homelessness. Estimates must include, as available, the
following data sources:
(i) An estimate of
regional housing need for people experiencing homelessness provided by the
state or regional entity;
(ii) The
applicable Housing and Urban Development Point-in-Time count conducted by the
Continuum of Care that the city is located within;
(iii) The applicable Housing and Urban
Development Annual Homelessness Assessment Report; and
(iv) The applicable McKinney-Vento Homeless
Student Data for all school districts that overlap with the city
boundary.
(F) Percentage
of Rent Burdened Households, as determined in the report described in OAR
813-112- 0020(2);
(G) Housing
tenure, including rental and owner households; and
(H) Housing needs for people with
disabilities, including hearing, vision, cognitive, ambulatory, self-care
difficulty, and independent living as provided in the applicable American
Community Survey and other data sets, as available.
(b) A city may use the following types and
sources of data to further contextualize housing need for the purposes of this
section:
(A) The percentage of housing stock
that is market rate compared to the percentage of housing stock that is
subsidized to make it affordable;
(B) Units that the city has permitted but
which have not yet been produced;
(C) Population groups that are not typically
accounted for in a Housing Capacity Analysis, including but not limited to
college and university students or second homeowners;
(D) Redevelopment rates that impact the
preservation of existing affordable market-rate units; and
(E) Other types and sources of data to refine
housing need for those experiencing homelessness, including:
(i) Data collected by local Coordinated Care
Organizations;
(ii) Data collected
by community action agencies;
(iii)
The capacity of existing emergency shelters;
(iv) Rental and homeowner vacancy
rates;
(v) Change in gross or net
property values or rent over time;
(vi) Qualitative data that illustrate
specific needs of people experiencing homelessness; and
(vii) Other local houseless population
datasets
(2) Engagement - A Housing Production
Strategy Report must include a narrative summary of the process by which the
city engaged Consumers of Needed Housing and Producers of Needed Housing,
especially with regard to state and federal protected classes. A city may
conduct engagement for a Housing Production Strategy concurrent with other
housing planning efforts within the city including, but not limited to, a
Housing Capacity Analysis, Consolidated Plans for Community Development Block
Grant Entitlement Communities, and public engagement for Severely Rent Burdened
Households as described in OAR 813-112-0010. The narrative summary must include
the following elements:
(a) A list and
description of stakeholders who will be impacted by potential Housing
Production Strategies, stating who was engaged and why, including Consumers of
Needed Housing and Producers of Needed Housing;
(b) A summary of feedback received from each
stakeholder group;
(c) A
description of how the information from stakeholders influenced implementation
of Housing Production Strategies adopted by the city as provided in section
(3); and
(d) An evaluation of how
to improve engagement practices for future housing engagement efforts conducted
by the city.
(3)
Strategies to Meet Future Housing Need - A Housing Production Strategy Report
must identify a list of specific actions, measures, and policies needed to
address housing needs identified in the most recent Housing Capacity Analysis.
The strategies proposed by a city must collectively address the next 20-year
housing need identified within the most recent Housing Capacity Analysis and
contextualized within the Report as provided in section (1). A Housing
Production Strategy Report may identify strategies including, but not limited
to, those listed in the Housing Production Strategy Guidance for Cities
published by the Commission under Exhibit B. For each identified Housing
Production Strategy, the Housing Production Strategy Report must include:
(a) A description of the Housing Production
Strategy chosen;
(b) A timeline for
adoption of the Housing Production Strategy;
(c) A timeline for implementation of the
Housing Production Strategy; and
(d) An estimated magnitude of impact of the
Housing Production Strategy, including:
(A)
Housing need addressed by the identified Housing Production Strategy by tenure
and income;
(B) An estimate of the
number of housing units that are anticipated to be created through
implementation of the identified Housing Production Strategy;
(C) An analysis of the income and demographic
populations that are anticipated to receive benefit or burden from the Housing
Production Strategy, including:
(i) Low-income
communities;
(ii) Communities of
color;
(iii) People with
disabilities; and
(iv) Other state
and federal protected classes; and
(D) A time frame over which the Housing
Production Strategy is expected to impact Needed Housing.
(4) Achieving Fair and Equitable
Housing Outcomes - A Housing Production Strategy Report must include a
narrative summarizing how the selected Housing Production Strategies, in
combination with other city actions, will achieve equitable outcomes with
regard to the following factors:
(a) Location
of Housing - How the city is striving to meet statewide greenhouse gas emission
reduction goals, established under Executive Order No. 20-04, by creating
compact, mixed-use neighborhoods available to people who are members of state
and federal protected classes. Within Metro, cities subject to this rule shall
describe actions taken by the city to promote the production of regulated
affordable units, as defined in ORS 456.586(1)(b); to promote the production of
accessible dwelling units; to mitigate or avoid the displacement of members of
state and federal protected classes; and to remove barriers and increase
housing choice for members of state and federal protected classes within Region
2040 centers. Cities subject to this rule and OAR 660-012-0310(2) shall
describe actions taken by the city to promote the production of regulated
affordable units, as defined in ORS 456.586(1)(b); to promote the production of
accessible dwelling units; to mitigate or avoid the displacement of members of
state and federal protected classes; and to remove barriers and increase
housing choice for members of state and federal protected classes within
climate-friendly areas. An accessible dwelling unit is a dwelling unit
constructed to accommodate persons with disabilities, in compliance with the
Americans with Disabilities Act and applicable construction requirements in
adopted building codes;
(b) Fair
Housing - How the city is affirmatively furthering fair housing for all state
and federal protected classes. Affirmatively furthering fair housing means
addressing disproportionate housing needs, patterns of integration and
segregation, racially or ethnically concentrated areas of poverty, and
disparities in access to housing opportunity;
(c) Housing Choice - How the city is
facilitating access to housing choice for communities of color, low- income
communities, people with disabilities, and other state and federal protected
classes. Housing choice includes access to existing or new housing that is
located in neighborhoods with high-quality community amenities, schooling,
employment and business opportunities, and a healthy and safe
environment.
(d) Housing options
for residents experiencing homelessness - How the city is advocating for and
enabling the provision of housing options for residents experiencing
homelessness and how the city is partnering with other organizations to promote
services that are needed to create permanent supportive housing and other
housing options for residents experiencing homelessness;
(e) Affordable Homeownership and Affordable
Rental Housing - How the city is supporting and creating opportunities to
encourage the production of affordable rental housing and the opportunity for
wealth creation via homeownership, primarily for state and federal protected
classes that have been disproportionately impacted by past housing policies;
and
(f) Gentrification,
Displacement, and Housing stability - How the city is increasing housing
stability for residents and mitigating the impacts of gentrification, as well
as the economic and physical displacement of existing residents resulting from
investment or redevelopment.
(5) A Housing Production Strategy Report must
include the following additional elements:
(a)
A description of any opportunities, constraints, or negative externalities
associated with adoption of the elements of proposed Housing Production
Strategies;
(b) A description of
actions that the city and other stakeholders must take to implement the
proposed Housing Production Strategies;
(c) If the Housing Production Strategy Report
is the first produced under this division, a description of how the city will
measure strategy implementation and progress;
(d) If the Housing Production Strategy Report
is not the first produced under this section, a summary of strategies that the
city has previously adopted and implemented, and a reflection on the efficacy
of each implemented strategy; and
(e) A copy of the city's most recently
completed survey to meet the requirements of ORS 456.586.
To view attachments referenced in rule text,
click here to view
rule.
Statutory/Other Authority: ORS
197.040
Statutes/Other Implemented: ORS 197.290, ORS 197.291, ORS
197.293, ORS
197.296,
ORS
197.303 & ORS
197.012
