[Nfb-or] {Spam?} Update on HB2639
Tina Hansen
th404 at comcast.net
Wed Jan 30 18:32:23 UTC 2013
Many of our members are on Section 8 Housing, and this bill relates to that.
This bill is currently in the Human Services and Housing Committee. The description says:
Relating to housing; appropriating money.
Redefines "source of income" for purposes of prohibiting discrimination in selling, renting or leasing real property. May have fiscal impact, but no statement yet issued
No Revenue impact
The current version is below this message. Thanks.
Relating to housing; creating new provisions; amending ORS 456.561 and 659A.421; and appropriating money.
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2011
House Bill 2639
Sponsored by Representative KOTEK (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Redefines 'source of income' for purposes of prohibiting
discrimination in selling, renting or leasing real property.
Creates exceptions.
Directs Housing and Community Services Department to develop
Housing Choice Landlord Guarantee Program to mitigate damages to
dwelling units of landlords caused by tenants receiving
tenant-based assistance under federal Housing Choice Voucher
Program.
Creates Housing Choice Landlord Guarantee Program Fund and
continuously appropriates moneys in fund to department to carry
out Housing Choice Landlord Guarantee Program.
Directs department to establish and administer Stable Rental
Housing Program to make grants to qualifying organizations to
provide rental and financial assistance to persons at risk of
experiencing homelessness or persons requiring assistance to
maintain housing stability.
Creates Stable Rental Housing Account and continuously
appropriates moneys in account to department to carry out Stable
Rental Housing Program.
Directs department and State Housing Council { + + }to
cooperate with local housing authorities to obtain federal
approval and waivers of requirements under certain federal rent
subsidy assistance programs.
Becomes operative July 1, 2014.
A BILL FOR AN ACT
Relating to housing; creating new provisions; amending ORS
456.561 and 659A.421; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 659A.421 is amended to read:
659A.421. (1) As used in this section:
(a) 'Dwelling' means:
(A) A building or structure, or portion of a building or
structure, that is occupied, or designed or intended for
occupancy, as a residence by one or more families; or
(B) Vacant land offered for sale or lease for the construction
or location of a building or structure, or portion of a building
or structure, that is occupied, or designed or intended for
occupancy, as a residence by one or more families.
(b) 'Purchaser' includes an occupant, prospective occupant,
renter, prospective renter, lessee, prospective lessee, buyer or
prospective buyer.
(c) 'Real property' includes a dwelling.
(d) { + (A) + } 'Source of income' { - does not include - }
{ + includes + } federal rent subsidy payments under 42 U.S.C.
1437f { - , - } { + and any other local, state or federal
housing assistance.
(B) 'Source of income' does not include + } income derived from
a specific occupation or income derived in an illegal manner.
(2) A person may not, because of the race, color, religion,
sex, sexual orientation, national origin, marital status,
familial status or source of income of any person:
(a) Refuse to sell, lease or rent any real property to a
purchaser { + , except that a person may refuse to lease or rent
real property to a prospective renter or prospective lessee:
(A) Based upon the past conduct of a prospective renter or
prospective lessee as a former renter or former lessee that would
make the prospective renter or prospective lessee an unsuitable
renter or lessee; or
(B) When the amount of rent exceeds the income of the
prospective renter or prospective lessee, taking into account the
value of any local, state or federal housing assistance for which
the prospective renter or prospective lessee is eligible + }.
(b) Expel a purchaser from any real property.
(c) Make any distinction, discrimination or restriction against
a purchaser in the price, terms, conditions or privileges
relating to the sale, rental, lease or occupancy of real property
or in the furnishing of any facilities or services in connection
therewith.
(d) Attempt to discourage the sale, rental or lease of any real
property to a purchaser.
(e) Publish, circulate, issue or display, or cause to be
published, circulated, issued or displayed, any communication,
notice, advertisement or sign of any kind relating to the sale,
rental or leasing of real property that indicates any preference,
limitation, specification or unlawful discrimination based on
race, color, religion, sex, sexual orientation, national origin,
marital status, familial status or source of income.
(f) Assist, induce, incite or coerce another person to commit
an act or engage in a practice that violates this section.
(g) Coerce, intimidate, threaten or interfere with any person
in the exercise or enjoyment of, or on account of the person
having exercised or enjoyed or having aided or encouraged any
other person in the exercise or enjoyment of, any right granted
or protected by this section.
(h) Deny access to, or membership or participation in, any
multiple listing service, real estate brokers' organization or
other service, organization or facility relating to the business
of selling or renting dwellings, or discriminate against any
person in the terms or conditions of the access, membership or
participation.
(i) Represent to a person that a dwelling is not available for
inspection, sale or rental when the dwelling in fact is available
for inspection, sale or rental.
(j) Otherwise make unavailable or deny a dwelling to a person.
(3)(a) A person whose business includes engaging in residential
real estate related transactions may not discriminate against any
person in making a transaction available, or in the terms or
conditions of the transaction, because of race, color, religion,
sex, sexual orientation, national origin, marital status,
familial status or source of income.
(b) As used in this subsection, 'residential real estate
related transaction' means any of the following:
(A) The making or purchasing of loans or providing other
financial assistance:
(i) For purchasing, constructing, improving, repairing or
maintaining a dwelling; or
(ii) Secured by residential real estate; or
(B) The selling, brokering or appraising of residential real
property.
(4) A real estate licensee may not accept or retain a listing
of real property for sale, lease or rental with an understanding
that a purchaser may be discriminated against with respect to the
sale, rental or lease thereof because of race, color, religion,
sex, sexual orientation, national origin, marital status,
familial status or source of income.
(5) A person may not, for profit, induce or attempt to induce
any other person to sell or rent any dwelling by representations
regarding the entry or prospective entry into the neighborhood of
a person or persons of a particular race, color, religion, sex,
sexual orientation, national origin, marital status, familial
status or source of income.
(6) This section does not apply with respect to sex
distinction, discrimination or restriction if the real property
involved is such that the application of this section would
necessarily result in common use of bath or bedroom facilities by
unrelated persons of opposite sex.
(7)(a) This section does not apply to familial status
distinction, discrimination or restriction with respect to
housing for older persons.
(b) As used in this subsection, 'housing for older persons '
means housing:
(A) Provided under any state or federal program that is
specifically designed and operated to assist elderly persons, as
defined by the state or federal program;
(B) Intended for, and solely occupied by, persons 62 years of
age or older; or
(C) Intended and operated for occupancy by at least one person
55 years of age or older per unit. Housing qualifies as housing
for older persons under this subparagraph if:
(i) At least 80 percent of the dwellings are occupied by at
least one person 55 years of age or older per unit; and
(ii) Policies and procedures that demonstrate an intent by the
owner or manager to provide housing for persons 55 years of age
or older are published and adhered to.
(c) Housing does not fail to meet the requirements for housing
for older persons if:
(A) Persons residing in the housing as of September 13, 1988,
do not meet the requirements of paragraph (b)(B) or (C) of this
subsection. However, new occupants of the housing shall meet the
age requirements of paragraph (b)(B) or (C) of this subsection;
or
(B) The housing includes unoccupied units that are reserved for
occupancy by persons who meet the age requirements of paragraph
(b)(B) or (C) of this subsection.
(d) Nothing in this section limits the applicability of any
reasonable local, state or federal restrictions regarding the
maximum number of occupants permitted to occupy a dwelling.
(8) The provisions of subsection (2)(a) to (d) and (f) of this
section that prohibit actions based upon sex, sexual orientation
or familial status do not apply to the renting of space within a
single-family residence if the owner actually maintains and
occupies the residence as the owner's primary residence and all
occupants share some common space within the residence.
(9) Any violation of this section is an unlawful practice.
SECTION 2. { + As used in sections 2 to 6 of this 2013 Act:
(1) 'Housing Choice Voucher Program' means the federal
tenant-based assistance program established under 42 U.S.C.
1437f(o).
(2) 'Landlord' means an owner of a dwelling unit that has
entered into an agreement with a local housing authority to
receive tenant-based assistance payments under the Housing Choice
Voucher Program and that has entered into a rental or lease
agreement with a tenant determined to be eligible to receive
assistance under the Housing Choice Voucher Program.
(3) 'Local housing authority' means a housing authority as
defined in ORS 456.005 that has entered into a contract with the
Secretary of Housing and Urban Development of the United States
pursuant to which the housing authority is authorized to make
tenant-based assistance payments to landlords within a designated
county or area of operation under the Housing Choice Voucher
Program.
(4) 'Tenant' means an individual or a family who is determined
to be eligible to receive tenant-based assistance payments under
the Housing Choice Voucher Program and who has entered into a
rental or lease agreement with a landlord. + }
SECTION 3. { + (1) The Housing and Community Services
Department shall develop and implement the Housing Choice
Landlord Guarantee Program for the purpose of providing financial
assistance to landlords to mitigate damages caused by tenants as
a result of occupancy under the Housing Choice Voucher Program.
(2) Landlords that are eligible for assistance under the
Housing Choice Landlord Guarantee Program must obtain a judgment
against the tenant in the small claims department of a circuit
court for the county in which the property is located. Assistance
is limited to reimbursement for only those amounts in the
judgment that are related to damages:
(a) Caused as a result of the tenant's occupancy under the
Housing Choice Voucher Program;
(b) That exceed normal wear and tear; and
(c) That are in excess of $500 but not more than twice the
monthly rent.
(3) The department may contract with a public or private
provider for the administration of the Housing Choice Landlord
Guarantee Program. The department is not subject to the
provisions of ORS chapter 279A or 279B in awarding a contract
under the provisions of this subsection. The department shall
establish by rule procedures for inviting proposals and awarding
contracts under this subsection.
(4) The department shall adopt rules to implement the
provisions of this section, including but not limited to
prescribing additional qualifications and requirements that must
be met by landlords and the form of application that must be
submitted to the department to receive assistance under the
program. + }
SECTION 4. { + (1) When a landlord is determined to be
eligible to receive assistance under sections 2 to 6 of this 2013
Act, the Housing and Community Services Department shall enter
into a repayment agreement with the responsible tenant that
provides for repayment by the tenant to the department of the
full amount of the assistance paid to the landlord.
(2)(a) Consistent with the requirements of federal law, all
local housing authorities that participate in the Housing Choice
Voucher Program shall, upon written notice from the department
that a tenant has failed to repay the full amount required under
subsection (1) of this section, be prohibited from approving a
dwelling unit for the responsible tenant, and may not enter into
a contract with a landlord that provides for occupancy of the
landlord's dwelling unit by that tenant at any future time,
regardless of the area of operation of the local housing
authority wherein the dwelling unit that sustained the damages
was located.
(b) Notwithstanding paragraph (a) of this subsection, this
subsection does not apply when the tenant has made or is making a
good faith effort to comply with the repayment agreement.
(3) The department shall, in accordance with ORS chapter 183,
provide an opportunity for the tenant to contest the department's
determination that the tenant has failed to repay amounts due
under a repayment agreement or that the tenant has not made or is
not making a good faith effort to comply with the repayment
agreement. The department shall serve a notice of noncompliance
upon the tenant in accordance with ORS 183.415 that states:
(a) The amount remaining unpaid by the tenant under the
repayment agreement; and
(b) That the department may prohibit all local housing
authorities, regardless of the area of operation of the local
housing authority wherein the dwelling unit that sustained the
damages was located, from approving a dwelling unit for the
tenant in the future and from entering into a contract with a
landlord that provides for the tenant's occupancy of the
landlord's dwelling unit by that tenant at any future time.
(4) The department may waive the requirements of this section
for good cause as set forth in rules adopted by the
department. + }
SECTION 5. { + (1) There is created within the State Treasury,
separate and distinct from the General Fund, the Housing Choice
Landlord Guarantee Program Fund. Interest earned by the Housing
Choice Landlord Guarantee Program Fund shall be credited to the
fund.
(2) Moneys in the Housing Choice Landlord Guarantee Program
Fund shall consist of:
(a) Amounts donated to the fund;
(b) Amounts appropriated or otherwise transferred to the fund
by the Legislative Assembly;
(c) Investment earnings received on moneys in the fund; and
(d) Other amounts deposited in the fund from any source.
(3) Moneys in the fund are continuously appropriated to the
Housing and Community Services Department to carry out the
provisions of sections 2 to 6 of this 2013 Act.
(4) The department may use moneys in the fund to pay the
administrative costs associated with the fund and with processing
applications, making payments to landlords and administering
repayment agreements under sections 2 to 6 of this 2013 Act. + }
SECTION 6. { + (1) Local housing authorities shall report
annually to the Housing and Community Services Department
regarding information required to be provided to the Secretary of
Housing and Urban Development regarding each local housing
authority's participation in the Housing Choice Voucher Program
and any additional information, data or outcomes prescribed by
the department by rule.
(2) Local housing authorities shall annually review internal
procedures and processes, particularly with respect to the length
of initial rental and lease terms so as to coordinate the length
of the terms with market standards, for the purpose of achieving
the maximum use and benefit in the best interests of tenants and
landlords from tenant-based assistance payments under the Housing
Choice Voucher Program.
(3) The department shall prepare and submit a report to the
committees of the Legislative Assembly that have authority over
the subject area of housing on the date of the convening of each
regular session of the Legislative Assembly regarding the reports
submitted to the department by local housing authorities under
subsection (1) of this section and how the department has
integrated information from these reports into the comprehensive
state plan required under ORS 456.572. + }
SECTION 7. { + (1) The Housing and Community Services
Department shall establish and administer the Stable Rental
Housing Program to provide rental assistance to persons requiring
assistance to achieve or maintain housing stability.
(2) Subject to the approval of the State Housing Council, the
department shall make grants from the Stable Rental Housing
Account created in section 8 of this 2013 Act to organizations as
defined in ORS 458.610 for purposes of providing:
(a) Rental assistance to persons of low income and very low
income, as those terms are defined in ORS 458.610, who are also
identified as being at risk of experiencing homelessness or who
require rental assistance to maintain housing stability.
(b) Financial assistance with expenses found to support housing
stability, including but not limited to application fees,
security deposits, move-in expenses, past-due rent, utility
payments, transportation expenses, essential furnishings and any
other expenses as prescribed by the department by rule.
(c) Support services to assist persons of low income and very
low income who are at risk of experiencing homelessness or who
require rental assistance to maintain housing stability, and the
administrative costs of providing the services, to access housing
for the purpose of achieving or maintaining housing stability.
(3) The department shall, in consultation with and subject to
the approval of the State Housing Council, adopt rules for
determining the eligibility of organizations to receive grants
under this section that must, at a minimum, include the
requirement that the organization demonstrate it has the capacity
to deliver the assistance and services proposed by the
organization and to measure and report on outcomes related to
homelessness and housing stability.
(4) The department may contract with a public or private
provider for the administration of the Stable Rental Housing
Program under this section. The department is not subject to the
provisions of ORS chapter 279A or 279B in awarding a contract
under the provisions of this subsection. The department shall
establish by rule procedures for inviting proposals and awarding
contracts under this subsection.
(5) The department shall adopt rules to implement the
provisions of this section. + }
SECTION 8. { + (1) There is created within the State Treasury,
separate and distinct from the General Fund, the Stable Rental
Housing Account. Interest earned by the Stable Rental Housing
Account shall be credited to the account.
(2) Moneys in the Stable Rental Housing Account shall consist
of:
(a) Amounts donated to the account;
(b) Amounts appropriated or otherwise transferred to the
account by the Legislative Assembly;
(c) Investment earnings received on moneys in the account; and
(d) Other amounts deposited in the account from any source.
(3) Moneys in the account are continuously appropriated to the
Housing and Community Services Department to develop and
implement the Stable Rental Housing Program under section 7 of
this 2013 Act.
(4) The department may use moneys in the account to pay the
administrative costs associated with the account and with making
grants under section 7 of this 2013 Act. + }
SECTION 9. { + The Housing and Community Services Department
shall prepare and submit a report, after review and approval by
the State Housing Council, regarding the status and outcomes of
the Stable Rental Housing Program established under section 7 of
this 2013 Act to the committees of the Legislative Assembly that
have authority over the subject area of housing on the date of
the convening of the 2015 regular session of the Legislative
Assembly. + }
SECTION 10. ORS 456.561 is amended to read:
456.561. (1) The Housing and Community Services Department may
effect loans, grants and other funding awards to accomplish
department housing programs, subject to any requirement under
this section for review and approval by the State Housing Council
of proposals for loans, grants or other funding awards.
(2) The department shall submit a loan, grant or other funding
award proposal arising under ORS 456.515 to 456.725
{ - programs - } { + and section 7 of this 2013 Act + } to
the council for review if the proposal is for:
(a) A housing loan on property that has a purchase price in
excess of an applicable threshold property purchase price
established by rule under ORS 456.555 (9); { - or - }
(b) A housing grant or other housing funding award in excess of
an applicable threshold amount established by rule under ORS
456.555 (10) { + ; or
(c) A grant made pursuant to the Stable Rental Housing Program
established under section 7 of this 2013 Act + }.
(3) The council shall review each loan, grant or other funding
award proposal submitted by the department under this section and
approve or disapprove the loan, grant or other funding award
proposal.
(4) Council review of loan, grant or other funding award
proposals under this section shall be held at a public hearing of
the council. The council meeting notice required by ORS 192.640
shall include notice of the loan, grant or other funding award
proposal review, the names of the applicants and the subject of
the loan, grant or funding award proposal. The council shall
provide notice of a loan, grant or other funding award proposal
review to the loan, grant or other funding award applicant not
less than five days before the review hearing.
SECTION 11. { + The Housing and Community Services Department
and State Housing Council shall cooperate with and assist local
housing authorities as defined in section 2 of this 2013 Act to
obtain federal approval, renewal of an existing waiver of federal
requirements or a new waiver of federal requirements, as
necessary to make the use and distribution of federal rent
subsidy and assistance payments under 42 U.S.C. 1437f as
efficient and beneficial as possible to increase the supply of
decent, safe, sanitary and affordable housing for persons of low
income and very low income in this state. + }
SECTION 12. { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Housing and Community
Services Department, for the biennium beginning July 1, 2013, out
of the General Fund, the amount of $___, which may be expended
for purposes of carrying out the provisions of sections 2 to 6 of
this 2013 Act. + }
SECTION 13. { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Housing and Community
Services Department, for the biennium beginning July 1, 2013, out
of the General Fund, the amount of $___, which may be expended
for purposes of carrying out the provisions of sections 7 and 8
of this 2013 Act. + }
SECTION 14. { + Sections 2 to 9 and 11 of this 2013 Act and
the amendments to ORS 456.561 and 659A.421 by sections 1 and 10
of this 2013 Act become operative on July 1, 2014. + }
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