OAR 813-360-0030
Landlord Eligibility

(1) In order to be eligible for HCLGP assistance, a landlord must first obtain a judgment with a monetary award against tenant(s) from a court in the county in which the tenant(s) or the property is located, and:
(a) The judgment must be from a circuit court, the small claims department of a circuit court, or a justice court;
(b) The period for appeal of the judgment must have expired without appeal or the judgment must otherwise not be subject to further judicial review; and
(c) HCLGP assistance is limited to reimbursement for those items and amounts covered in the judgment.
(2) HLGP assistance may be provided for reimbursement of qualifying damages, including, but not limited to the following:
(a) Property damage;
(b) Unpaid rent;
(c) Attorney fees, court costs, and interest, but does not include eviction costs or fees;
(d) Loss of rental income during the time required for repairs with respect to qualifying property damage;
(e) Lease-break fees; and
(f) Other costs related to lease violations by a tenant.
(3) In addition, for a claim of damages to qualify:
(a) The damage amounts must be incurred from an eligible tenant occupancy that began after July 1, 2014;
(b) The damage amounts must be caused by the tenant’s occupancy, pursuant to a rental agreement under the Housing Choice Voucher Program, in effect at the time the damage was incurred;
(c) Property damage amounts must exceed normal wear and tear; and
(d) The total damage amounts must be in excess of $500, but not more than $5,000 per tenancy.
(4) A landlord may not seek, accept or retain HCLGP assistance from OHCS for amounts paid to the landlord for qualifying damages by the tenant or by a third party.
(5) If, after submitting an application for HCLGP assistance to OHCS, a landlord receives payment from a tenant or a third party for any damages identified in the application for assistance, the landlord must notify OHCS within 10 days of such payment.
(6) A landlord must provide restitution to OHCS for overpaid HCLGP assistance within 45 days.
(7) OHCS shall maintain a record of HCLGP assistance provided to a landlord to assist it in determining if there has been an overpayment of HCLGP assistance to that landlord.
(8) To receive HCLGP assistance, the landlord must submit an application, satisfactory to OHCS, along with supporting documentation as requested in the application. The HCLGP application shall be available on the OHCS website.
(9) A landlord must submit to OHCS an application for HCLGP assistance within one year from the date of the expiration of the right to appeal a qualifying judgment against a tenant or the date after which the judgment is not subject to further appeal.
(10) OHCS will review applications and make awards of HCLGP assistance for qualifying applications within 45 days of its receipt of all required information. OHCS may choose to require the submittal of additional or clarifying information.
(11) A landlord must file a satisfaction of judgment in the amount of any HCLGP assistance received from OHCS in the court from which the judgment against the tenant was obtained. A copy of this filed satisfaction must be delivered to OHCS within 30 days of the claimant’s receipt of HCLGP assistance.

Source: Rule 813-360-0030 — Landlord Eligibility, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=813-360-0030.

Last Updated

Jun. 8, 2021

Rule 813-360-0030’s source at or​.us