ORS 458.352
Manufactured dwelling park preservation loan program
- eligibility
- reporting
Amended by HB 4064
Effective since March 23, 2022
Relating to manufactured structures; creating new provisions; amending ORS 62.803, 90.230, 174.101, 197.286, 197.307, 197.312, 197.314, 197.485, 197.492, 215.010, 307.651, 446.003, 458.352, 458.356 and 458.358 and section 18, chapter 401, Oregon Laws 2019; repealing ORS 446.007; and declaring an emergency.
(1)
As used in this section:(a)
“Average income” means an income that complies with income restrictions determined at the advice and consent of the Oregon Housing Stability Council, but not to exceed the greater of 100 percent of the statewide or local area median income adjusted for household size as determined annually by the Housing and Community Services Department using United States Department of Housing and Urban Development information.(b)
“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, 2016.(2)
The Housing and Community Services Department shall provide one or more loans to nonprofit corporations to create manufactured dwelling park preservation programs that invest in, and provide loans for, the preservation and affordability of manufactured dwelling parks in this state, including through:(a)
The repair or reconstruction of parks destroyed by natural disasters; or(b)
The acquisition and development of land for parks or for the expansion of parks in areas that have been affected by a natural disaster.(3)
To be eligible for a loan under this section, a nonprofit corporation shall demonstrate to the satisfaction of the department that the nonprofit corporation:(a)
Is a community development financial institution operating statewide to support investment in, and acquisition, renovation and construction of, affordable housing;(b)
Has the ability and capacity to provide the services and reporting required of the program described in subsections (4) and (6) of this section; and(c)
Meets other requirements established by the department regarding financial risk and availability or accessibility of additional resources.(4)
An eligible nonprofit corporation, with input from the department, shall develop a manufactured dwelling park preservation program that:(a)
Invests in, and loans funds to, other nonprofit corporations, housing authorities, manufactured dwelling park nonprofit cooperatives as defined in ORS 62.803 (Definitions for ORS 62.800 to 62.815), local units of government as defined in ORS 466.706 (Definitions for ORS 466.706 to 466.882 and 466.994), agencies as defined in ORS 183.310 (Definitions for chapter), or any entity in which a nonprofit corporation has a controlling share, to:(A)
Purchase or refinance manufactured dwelling parks that will maintain the parks as parks long term; or(B)
Develop, expand, repair or reconstruct parks destroyed by natural disasters;(b)
Emphasizes, when providing loans under paragraph (a) of this subsection, the financing of parks whose residents are predominantly members of households with income less than average income; and(c)
Preserves the affordability of the park space rent to park tenants who are members of households with income less than average income.(5)
An eligible nonprofit corporation shall create a park preservation account to be used by the nonprofit corporation for the manufactured dwelling park preservation program and shall deposit the moneys loaned by the department into the account.(6)
An eligible nonprofit corporation shall ensure that all financial activities of the program are paid from and into the park preservation account created under subsection (5) of this section. Each nonprofit corporation shall report to the department no less than semiannually, showing the expenses and incomes of the park preservation account and the results of the manufactured dwelling park preservation program.(7)
A loan made by the department under this section:(a)
May require the nonprofit corporation to pay interest.(b)
May not require the nonprofit corporation to make any loan payments before the maturity date of the loan.(c)
Must have a maturity date of no later than September 15, 2036.(d)
May have its maturity date extended by the department.(e)
Shall have all or part of the unpaid balance forgiven by the department in an amount not to exceed the losses incurred on investments or loans made by the nonprofit corporation under subsection (4)(a) of this section.(f)
May include such agreements by the nonprofit corporation practical to secure the loan made by the department and to accomplish the purposes of the program described in subsection (4) of this section.(8)
The department or the State Treasurer shall deposit moneys received in servicing the loan into the General Housing Account of the Oregon Housing Fund created under ORS 458.620 (Oregon Housing Fund). [2019 c.595 §2; 2021 c.31 §1]
Source:
Section 458.352 — Manufactured dwelling park preservation loan program; eligibility; reporting, https://www.oregonlegislature.gov/bills_laws/ors/ors458.html
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