OAR 813-060-0010. Definitions

As used in these rules, unless otherwise indicated by the context: (1) “Accessible” means that the housing complies with federal accessibility guidelines implementing the Fair Housing Amendments of 1988, 42 U.S.C. 3601 et seq., as amended and in effect on January 1, 2004 (2) “ADA Accessible unit” is a residential space built to comply with the Americans with Disabilities Act (ADA) Standards for Accessible Design, ensuring accessibility for individuals with disabilities. (3) “Agreement documents” means the funding documents, the final form of which is satisfactory to OHCS, in consultation with the Oregon Department of Justice, and executed in connection with the loan and contract. (4) “Allocation” means any OAHP funding allocated under the Oregon Centralized Application (ORCA), an OHCS procurement opportunity, or an ARH Notice of Funding Availability. (5) “Annual rate” means the yearly interest rate specified on the note, and not the annual percentage rate, if any, disclosed to the applicant to comply with the federal Truth in Lending Act. (6) “ANSI Type A unit” is a dwelling unit designed to meet specific ANSI/IBC criteria for mobility-friendly features. (7) “Applicants” means persons or entities submitting an application for OAHP funds. (8) “Bonds” means a bond, as defined in ORS 286A.001, if issued on behalf of the Housing and Community Services Department, or bonds, as defined in ORS 456.055, if issued by a housing authority. (9) “Finance charge” means the total of all interest, loan fees, interest on any loan fees financed by the lending institution, and other charges related to the cost of obtaining credit. (10) “Lending institution” means any insured institution, as that term is defined in ORS 706.008, any mortgage banking company that maintains an office in this state or any community development corporation that is organized under the Oregon Nonprofit Corporation Law. (11) “Local government” means any city, county or metropolitan service district formed under ORS chapter 268 or an association of local governments performing land use planning functions under ORS 195.025 (as defined by ORS 197.015). (12) “Major life activity” includes but is not limited to self-care, ambulation, communication, transportation, education, socialization, employment, and the ability to acquire, rent, or maintain property. (13) “Market study” means a professional analysis of the demand for a proposed housing development within a defined market area which evaluates whether there is a viable market for the project, what price points or rent levels potential tenants would be able to afford, and how the development fits into the surrounding community. (14) “New” means that the housing being constructed did not previously exist in residential or non-residential form. New does not include the acquisition, alteration, renovation or remodeling of an existing structure. (15) “Nonprofit corporation” means a corporation that is exempt from income taxes under section 501(c)(3) or (4) of the Internal Revenue Code as amended and in effect on December 31, 2023. (16) “Older adults” are defined as people aged 55 years and older. (17) “Person with a disability” means a person who has a physical or mental impairment that substantially limits one or more major life activities. (18) “Preservation project” means housing that was previously developed as affordable housing with a contract for rent assistance from the United States Department of Housing and Urban Development or the United States Department of Agriculture and that is being acquired by a sponsoring entity. (19) “Procorem WorkCenter” is a secure portal technology solution by ProLink Solutions™ and is used by OHCS to help facilitate collaboration and communication models for all applicants and future housing partners. The Procorem WorkCenter includes a repository for electronic document submission, a task management and tracking tool, an events calendar, and communication features. (20) “Qualified loan” means a loan that meets the criteria stated in subsection 5 of HB 3589 or that is made to refinance a loan that meets the criteria described in subsection 5 of HB 3589, or the purchase by a lending institution of bonds, the proceeds of which are used to finance or refinance a loan that meets the criteria described in subsection 5 of HB 3589. (21) “Universal design” means designing environments to be usable by everyone to the greatest extent possible, without the need for adaptation or specialized design. (22) “Visitable” means capable of being approached, entered and used by individuals with mobility impairments, including but not limited to individuals using wheelchairs.