OAR 813-110-0010

Certain terms used in this division are defined in ORS chapter 317, the Act, OAR 813-005-0005 (General Definitions), and herein. Other terms may be identified in the text of this division (including by incorporation), otherwise in chapter 813, or applicable law.


“Cap” means the maximum amount of tax credits as set by the Legislature in ORS 317.097 (Lending institution loans for housing)(6). The department will calculate tax credit availability based on the actual number of tax credits allocated at any given time.


“Certification” means the written verification by the department to a lender that a project is a qualified project for which the lending institution may claim a tax credit under the provisions of the Act.


“Firm commitment of financing” means an agreement by a lending institution to make a loan to a specific borrower on a specific property and which will contain all of the terms and conditions that the borrower has to satisfy before said loan can be funded. Payment of a commitment charge by the borrower to the lending institution may be required as a condition precedent to issuance of such an agreement.


“Lending institution” means any insured institution, as defined in ORS 706.008 (Additional definitions for Bank Act), any mortgage company that maintains an office in this state, or any community development corporation that is organized under the Oregon Nonprofit Corporation Law.


“Preservation project” means housing that was previously developed as affordable housing with a contract for rental 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. The contract for project-based rental assistance must cover at least 25 percent of all units in the project.


“Project,” except as defined under “manufactured dwelling park” or “preservation project,” means one or more units of housing, that has been acquired, constructed, developed, or rehabilitated, including refinanced housing, which will be rented to or owned by households whose incomes are less than 80 percent of area median income. The use of a project for eligible occupants shall be maintained for the term of the credit, in accordance with the Act, unless terminated at the discretion of the department. If there is a foreclosure, deed-in-lieu, or an involuntary transfer where title transfers to the lending institution, that lending institution may dispose of the property at its sole discretion.


“Rent reduction” means the amount rents are reduced from the rents charged at the market interest rate as a result of the Oregon Affordable Housing Tax Credit (OAHTC) subsidy.


“Rent Pass through” means the value of the tax credits loan rate discount that is extended by the project owner to the tenants in the form of reduced rents.
Last Updated

Jun. 8, 2021

Rule 813-110-0010’s source at or​.us