Current through Register Vol. 63, No. 9, September 1, 2024
(1) OHCS's
evaluation and approval of an application is subject to the terms of the
applicable solicitation, the provisions of this rule, other applicable law, and
the biennial limitation on the total of estimated eligible costs for all
approved projects for the calendar year established under ORS
315.171.
(2) For Community-Based projects, the
application review process will be through the ORCA.
(3) For On-Farm Set-Aside projects, the
application review process will be on a First-Come, First-Reviewed
process.
(4) Applications are
subject to evaluation by OHCS according to criteria that include the following
minimum requirements:
(a) Completeness, level
of detail, and accuracy of the information included in the
application;
(b) The qualifying
status of the taxpayer/contributor and of the proposed project;
(c) The viability of the project, including
as reflected in the estimated eligible costs and other support funding as
appropriately documented;
(d) The
number of units reserved for Agricultural workers and their families,
and
(e) Such other criteria
established by OHCS, including but not limited to those described in the
applicable solicitation.
(5) Community-based applications will also be
evaluated for their plans to affirmatively further fair housing laws.
(6) An application is subject to one or more
of the following actions by OHCS:
(a) An
application determined by OHCS in the evaluation process not to include
specific or substantial information about the project or to be incomplete or
inaccurate in any respect may be declined by OHCS and returned to the taxpayer
as not qualifying for further evaluation;
(b) OHCS may issue a request to the applicant
to provide or correct any information OCHS deems missing, inaccurate, or
inadequate in the application.
(i) On-Farm
applicants will have 15 days to answer OHCS's request for information. If the
supplemental information is submitted after this deadline or deemed inadequate
by OHCS, the application will be declined by OHCS and will not be eligible for
a reservation of AWHTC Program credits;
(ii) Community-Based applicants will follow
the procedures laid out in the ORCA process for correcting or updating any
information OHCS deems missing, inaccurate, or inadequate.
(c) Acceptance of the application and
resulting issuance of a reservation of AWHTC Program credits pending further
action by applicant as laid out in the reservation letter. The reservation
amount cannot exceed fifty percent of eligible costs as indicated in the
application; or
(d) Acceptance of
the application and resulting issuance of a standby notice per OAR
813-041-0020.
(7) Factors that OHCS may consider
in prioritizing one application over others may include, but are not limited
to:
(a) The quality of the application when
compared to the other applications submitted and received by OHCS;
(b) The location of the project;
(c) The market demand for and financial
feasibility of the project;
(d) The
particulars of the appraisal of the project;
(e) Whether or not the project meets all
applicable state and local land use and zoning requirements, housing codes and
similar requirements;
(f) The
quality of the housing over and above the factors listed in OAR
813-041-0015 (7)
(e);
(g) Whether or not the project meets all
other applicable laws and program requirements;
(h) The target population to be
served;
(i) The availability and
sustainability of related tenant services;
(j) The extent and duration of affordability
to be provided;
(k) the quality of
their fair housing plan if Community-based, and
(l) OHCS's experience with the project
sponsor and its agents, representatives, employees, and contractors.
(8) Applicants who have received a
LOCA in a previous year's allotment may not apply for AWHTC Program credits for
the same project for a period of ten (10) years unless they apply for and are
granted a waiver in writing by OHCS.
(9) Applicants who received a partial award
in the latest allotment of AWHTC Program credits may apply for full funding in
the next year's allotment without seeking a waiver.
Statutory/Other Authority: ORS 315.167315.171 &
458.650
Statutes/Other Implemented: ORS
315.167
