OAR 813-115-0030
Required Notices by Owner to OHCS and Other Qualified Purchasers
(1)
First notice. The owner of a participating property must provide OHCS and any qualified purchaser of the participating property timely notice of:(a)
Upcoming contract expiration that will permit the owner to withdraw the property from publicly supported housing or limit affordability restrictions on the property; or(b)
The owner’s intention to withdraw the property from publicly supported housing.(2)
The notice identified in subsection (1) above must be on a form as prescribed and provided by OHCS. The owner must deliver the notice electronically through an OHCS-approved database, by electronic certified email, or by registered or certified mail. Electronic or regular mail without certification is not an acceptable delivery format.(3)
Second notice. In addition to the notice identified in subsection (1)(b) above, the owner must provide OHCS and any other qualified purchaser of the participating property timely notice of the owner’s request to withdraw the participating property from publicly supported housing.(4)
Specific notice content for the foregoing notice(s), identified in subsections (1) and (3) above, is outlined in ORS 456.260 (First withdrawal notice)(5) and 456.262 (Second withdrawal notice).(5)
Any time after the notice is filed as per subsection (3) above, a qualified purchaser may deliver, by certified mail with return receipt, an offer to the property owner to purchase the participating property. Specific requirements are outlined in ORS 456.262 (Second withdrawal notice)(3) and OAR 813-115-0060 (Recording Notices of Right of First Refusal).(6)
Notices provided are deemed effective three days after the date any such notice is sent by electronic delivery, by registered or certified mail with return receipt, or in other delivery format prior approved by OHCS. Electronic or regular mail without certification is not an acceptable format for submittal.(7)
When applicable, a pending additional affordability restriction with OHCS may serve as proof of intent to preserve the participating property in lieu of the above notices in subsections (1) and (3) above. In such applicable cases, OHCS may inform the owner and waive the notice requirements.(8)
OHCS may, at its discretion, provide extensions to deadlines for delivery of the notices identified in subsections (1) and (3) above.
Source:
Rule 813-115-0030 — Required Notices by Owner to OHCS and Other Qualified Purchasers, https://secure.sos.state.or.us/oard/view.action?ruleNumber=813-115-0030.