ORS 197.303
“Needed housing” defined

Text
Annotations 2

(1)

As used in ORS 197.286 (Definitions for ORS 197.286 to 197.314 and 197.475 to 197.490) to 197.314 (Required siting of manufactured homes), “needed housing” means all housing on land zoned for residential use or mixed residential and commercial use that is determined to meet the need shown for housing within an urban growth boundary at price ranges and rent levels that are affordable to households within the county with a variety of incomes, including but not limited to households with low incomes, very low incomes and extremely low incomes, as those terms are defined by the United States Department of Housing and Urban Development under 42 U.S.C. 1437a. “Needed housing” includes the following housing types:

(a)

Attached and detached single-family housing and multiple family housing for both owner and renter occupancy;

(b)

Government assisted housing;

(c)

Mobile home or manufactured dwelling parks as provided in ORS 197.475 (Policy) to 197.490 (Restriction on establishment of park);

(d)

Manufactured homes on individual lots planned and zoned for single-family residential use that are in addition to lots within designated manufactured dwelling subdivisions; and

(e)

Housing for farmworkers.

(2)

For the purpose of estimating housing needs, as described in ORS 197.296 (Analysis of housing capacity and needed housing by Metro, cities outside of Metro and smaller cities) (3)(b), a local government shall use the population projections prescribed by ORS 195.033 (Area population forecasts) or 195.036 (Metro area population forecast) and shall consider and adopt findings related to changes in each of the following factors since the last review under ORS 197.296 (Analysis of housing capacity and needed housing by Metro, cities outside of Metro and smaller cities) (2)(a)(B) and the projected future changes in these factors over a 20-year planning period:

(a)

Household sizes;

(b)

Household demographics;

(c)

Household incomes;

(d)

Vacancy rates; and

(e)

Housing costs.

(3)

A local government shall make the estimate described in subsection (2) of this section using a shorter time period than since the last review under ORS 197.296 (Analysis of housing capacity and needed housing by Metro, cities outside of Metro and smaller cities) (2)(a)(B) if the local government finds that the shorter time period will provide more accurate and reliable data related to housing need. The shorter time period may not be less than three years.

(4)

A local government shall use data from a wider geographic area or use a time period longer than the time period described in subsection (2) of this section if the analysis of a wider geographic area or the use of a longer time period will provide more accurate, complete and reliable data relating to trends affecting housing need than an analysis performed pursuant to subsection (2) of this section. The local government must clearly describe the geographic area, time frame and source of data used in an estimate performed under this subsection.

(5)

Subsection (1)(a) and (d) of this section does not apply to:

(a)

A city with a population of less than 2,500.

(b)

A county with a population of less than 15,000.

(6)

A local government may take an exception under ORS 197.732 (Goal exceptions) to the definition of “needed housing” in subsection (1) of this section in the same manner that an exception may be taken under the goals. [1981 c.884 §6; 1983 c.795 §2; 1989 c.380 §1; 2011 c.354 §2; 2017 c.745 §4; 2019 c.639 §6; 2019 c.640 §10a]

Source: Section 197.303 — “Needed housing” defined, https://www.oregonlegislature.gov/bills_laws/ors/ors197.html.

Notes of Decisions

LCDC may not require Happy Valley, city with population of less than 2,500, to provide specific housing mix by types. City of Happy Valley v. LCDC, 66 Or App 795, 677 P2d 43 (1984)

Exception from part of definition for cities with population of less than 2,500 and counties with population of less than 15,000 does not excuse such cities and counties from having clear and objective standards that do not discourage needed housing in city or county comprehensive plan. Montgomery v. City of Dunes City, 236 Or App 194, 236 P3d 750 (2010)

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 197.303 “Needed housing” defined

(1)

(a)

(b)

(c)

(d)

(e)

(2)

(a)

(b)

(c)

(d)

(e)

(3)

(4)

(5)

(a)

(b)

(6)

Notes of Decisions

ORS 197.303
“Needed housing” defined