US Laws, Codes, Statutes & Cases

Chapter 458 — Housing and Community Services Programs;

Individual Development Accounts

 

2007 EDITION

 

HOUSING AND COMMUNITY SERVICES PROGRAMS

 

PUBLIC HEALTH AND SAFETY

 

COMMUNITY-BASED HOUSING DEVELOPMENT

 

458.210     Community development corporations; description

 

458.215     Local capacity building program

 

458.220     Community development corporation grants and assistance

 

458.225     Preference for certain community development corporations

 

458.235     Rules

 

458.240     Effect of law on other community development corporations

 

HOUSING REVITALIZATION PROGRAM

 

458.305     Legislative findings

 

458.310     Housing revitalization program; criteria; rules

 

LOW INCOME RENTAL HOUSING FUND

 

458.350     Low Income Rental Housing Fund established

 

458.355     Criteria for use of fund

 

458.360     Appropriation

 

458.365     Housing and Community Services Department to administer Low Income Rental Housing Fund law

 

LOW-INCOME HOUSING INVOLVING STATE PROPERTY

 

458.405     Legislative findings

 

458.410     Purposes

 

458.415     Rules

 

458.420     Conveyance of certain state real property for low-income housing

 

458.425     Restriction on conveyance of certain state real property

 

458.430     Authority of state to lease property not owned by state

 

458.440     Authorization to lease; terms and conditions

 

458.445     Authority to relinquish title to property; purpose

 

458.450     Approval required by governing body where property located

 

458.460     Bidding procedure for multiple applicants

 

COMMUNITY SERVICES PROGRAMS

 

458.505     Community action agency network as delivery system for federal antipoverty programs; duties of Housing and Community Services Department

 

458.510     Energy Crisis Trust Fund

 

458.515     Advisory committee

 

458.525     Interagency Council on Hunger and Homelessness; coordination of hunger and homelessness relief efforts

 

458.530     Policy on hunger

 

458.532     Hunger Relief Task Force

 

458.535     Hunger Relief Account

 

458.540     Short title for ORS 458.530 to 458.545

 

458.545     Task force powers and duties

 

458.555     Oregon Volunteers Commission for Voluntary Action and Service

 

458.558     Commission membership

 

458.560     Commission officers; meetings

 

458.563     Director; employees; nonpolicy rules

 

458.565     Advisory and technical committees

 

458.568     Commission duties

 

458.570     Additional duties

 

458.573     Rules establishing standards and guidelines

 

458.575     Solicitation of moneys by commission

 

458.577     Short title for ORS 458.578

 

458.578     Goals for programs, citizen participation and volunteerism; rules

 

458.585     Definitions for ORS 458.590 and 458.595

 

458.590     Recommendations for screening of volunteers

 

458.595     Outreach program regarding organization and entity screening of volunteers

 

OREGON HOUSING FUND

 

458.600     Policy and intent

 

458.605     Findings

 

458.610     Definitions for ORS 458.600 to 458.655

 

458.620     Oregon Housing Fund created; Housing Development and Guarantee Account, Emergency Housing Account, Home Ownership Assistance Account and Farmworker Housing Development Account created

 

458.625     Disbursement of account investment revenues in Housing Development and Guarantee Account; grant and loan preferences; revenue retention

 

458.630     Use of funds in Housing Development and Guarantee Account; preferences; rules

 

458.650     Disbursement of funds in Emergency Housing Account; grant policies

 

458.655     Disbursement of moneys in Home Ownership Assistance Account; grant preferences

 

458.660     Disbursement of moneys in Farmworker Housing Development Account

 

INDIVIDUAL DEVELOPMENT ACCOUNTS

 

458.670     Definitions for ORS 458.670 to 458.700

 

458.675     Legislative findings

 

458.680     Persons qualifying as account holders

 

458.685     Approved purpose of account; emergency withdrawal; removal of account holder from program

 

458.690     Required account features; rules

 

458.695     Selection of fiduciary organizations

 

458.700     Authority of fiduciary organizations; rules

 

COMMUNITY DEVELOPMENT PROJECTS

 

458.705     Legislative findings

 

458.710     Community Development Incentive Advisory Board

 

458.715     Advisory board duties

 

458.720     Community Development Incentive Project Fund; purpose; lottery bond proceeds

 

458.725     Fund appropriation and expenditure guidelines

 

458.730     Department use of financing mechanisms; determination of funding adequacy

 

458.735     Department review of projects; lending criteria

 

458.740     Project facilitation

 

      458.005 [1989 c.1051 §15; 1993 c.696 §17; 1995 c.377 §1; 2003 c.655 §76a; 2005 c.470 §§1,2; renumbered 307.651 in 2005]

 

      458.010 [1989 c.1051 §14; 2005 c.470 §3; renumbered 307.654 in 2005]

 

      458.015 [1989 c.1051 §16; 2005 c.470 §4; renumbered 307.657 in 2005]

 

      458.020 [1989 c.1051 §17; 1991 c.459 §410; 1997 c.541 §436; 2005 c.470 §6; renumbered 307.664 in 2005]

 

      458.025 [1989 c.1051 §18; 1991 c.459 §411; 1997 c.541 §437; 2005 c.470 §7; renumbered 307.667 in 2005]

 

      458.035 [1989 c.1051 §19; 2005 c.470 §8; renumbered 307.671 in 2005]

 

      458.040 [1989 c.1051 §20; 2005 c.470 §9; renumbered 307.674 in 2005]

 

      458.045 [1989 c.1051 §21; 1991 c.459 §412; 1995 c.377 §2; 1997 c.541 §438; 2005 c.470 §11; renumbered 307.681 in 2005]

 

      458.050 [1989 c.1051 §22; 1991 c.459 §413; 2005 c.470 §12; renumbered 307.684 in 2005]

 

      458.060 [1989 c.1051 §23; 1991 c.459 §414; 1997 c.541 §439; 2005 c.470 §13; renumbered 307.687 in 2005]

 

      458.065 [1989 c.1051 §24; 1991 c.459 §415; 1995 c.377 §3; 1997 c.541 §440; 2005 c.470 §14; renumbered 307.677 in 2005]

 

COMMUNITY-BASED HOUSING DEVELOPMENT

 

      458.210 Community development corporations; description. For the purposes of ORS 456.550 and 458.210 to 458.240, a community development corporation is an organization that:

      (1) Is established under the provisions of ORS chapter 65;

      (2) Has qualified for tax exempt status under section 501(c)(3) of the Internal Revenue Code;

      (3) Has a purpose, stated in the articles of incorporation, to serve low and moderate income people’s need for community development and community self-help;

      (4) Has a board of directors, of not fewer than five members, that is locally controlled by including 51 percent of the board members from the service area; and

      (5) Has a defined geographic service area. [1989 c.1030 §1]

 

      458.215 Local capacity building program. The Housing and Community Services Department may establish a program to build local capacity to address any or a combination of the following:

      (1) Housing needs of people, with low or moderate incomes, for homeownership and affordable rental housing;

      (2) The problem of abandoned houses;

      (3) The need for adequate housing for seasonal farm laborers;

      (4) Housing problems for low and moderate income elderly persons and persons with disabilities;

      (5) The need to incorporate social service programs as a component of community economic development;

      (6) The preservation of manufactured dwelling parks that the department determines house a significant percentage of persons and families of lower income; and

      (7) The need to incorporate related jobs for low and moderate income persons as a component of community economic revitalization. [1989 c.1030 §2; 1991 c.907 §1; 1993 c.794 §1; 2007 c.70 §264; 2007 c.607 §24]

 

      458.220 Community development corporation grants and assistance. In carrying out the provisions of ORS 458.215, the Housing and Community Services Department shall provide any or a combination of the following:

      (1) Initial planning grants to qualified nonprofit community-based organizations, including but not limited to housing authorities and community action agencies, to initiate community development corporations. To qualify under this subsection, an organization shall obtain matching funds or in-kind contributions in an amount determined by rule;

      (2) Grants to community development corporations for projects intended to extend the capacity of the corporation to meet the housing needs of the service area;

      (3) Grants to community development corporations for projects that combine community-based social service programs with related jobs for low and moderate income persons to promote community economic revitalization; and

      (4) Technical assistance to community-based organizations, developing community development corporations and existing community development corporations to carry out the provisions of ORS 456.550 and 458.210 to 458.240. For purposes of ORS 456.550 and 458.210 to 458.240, technical assistance includes but is not limited to training and assisting community development corporations with:

      (a) Conducting needs assessments;

      (b) Training boards of directors;

      (c) Recruiting project development teams;

      (d) Determining and applying for available assistance;

      (e) Conducting feasibility studies;

      (f) Financial planning;

      (g) Preparing project budgets;

      (h) Proposal writing and project packaging;

      (i) Organizational structure and design;

      (j) Generating local support; and

      (k) Obtaining legal and accounting advice. [1989 c.1030 §3; 1991 c.907 §2; 1993 c.794 §2]

 

      458.225 Preference for certain community development corporations. (1) In carrying out the provisions of ORS 456.550 and 458.210 to 458.240, the Housing and Community Services Department shall give preference to a community development corporation that:

      (a) Has a defined geographic service area outside an entitlement community or county;

      (b) Has a defined geographic service area inside an entitlement community or county but does not include more than 50,000 people in the service area;

      (c) Has a defined geographic service area that includes five or fewer nonentitlement counties; and

      (d) Can demonstrate support from the community.

      (2) As used in this section, “entitlement community or county” means any area within the state that is:

      (a) A “metropolitan city” as defined in 42 U.S.C. 5302(4) (1995); or

      (b) An “urban county” as defined in 42 U.S.C. 5302(6) (1995). [1989 c.1030 §4; 1997 c.47 §1]

 

      458.235 Rules. The Housing and Community Services Department shall adopt rules to carry out the provisions of ORS 456.550 and 458.210 to 458.240, including rules to define “persons of low and moderate income.” [1989 c.1030 §6]

 

      458.240 Effect of law on other community development corporations. Nothing in ORS 456.550 and 458.210 to 458.240 shall limit the authority or powers of community development corporations authorized pursuant to ORS 708A.150. [1989 c.1030 §9; 1997 c.631 §475]

 

HOUSING REVITALIZATION PROGRAM

 

      458.305 Legislative findings. The Legislative Assembly finds that:

      (1) A critical shortage exists of suitable, affordable housing for households with an income below the median income. This shortage is particularly acute with respect to rental housing.

      (2) During the past half decade, the supply of rental housing that is affordable to households at or below the median income level has not kept pace with the demand.

      (3) The lack of suitable, affordable housing is a barrier to Oregon’s development.

      (4) It is in the economic and social interest of the state to encourage public agencies and private parties to efficiently expand the supply of housing in Oregon for households at or below the median income level.

      (5) The quantity of public resources available to support the expansion and rehabilitation of low and moderate income housing stock is limited. Consequently, it is the policy of this state to attempt to target the use of these resources so that a maximum amount of usable housing product is delivered to Oregon citizens at the minimum cost required for prudent program administration. [1989 c.1016 §1]

 

      458.310 Housing revitalization program; criteria; rules. (1) The State Housing Council shall adopt rules to develop and administer a housing revitalization program for low and moderate income housing.

      (a) Applicants for revitalization program funds shall be:

      (A) A unit of local government;

      (B) A housing authority;

      (C) A nonprofit corporation; or

      (D) An applicant eligible under subparagraph (A), (B) or (C) of this paragraph, who contracts with another entity, including a private for-profit corporation.

      (b) Housing revitalization projects shall bring into use vacant and abandoned property or rehabilitate substandard property, or both. Eligible project activities include, but are not limited to:

      (A) Purchase of property;

      (B) Rehabilitation of housing units;

      (C) New construction to replace units for which rehabilitation is infeasible;

      (D) Mortgage interest subsidies or reduction of principal loan amounts; or

      (E) Other activities that have the effect of making properties available to and occupied by persons of lower income, such as loan guarantees.

      (c) Projects funded by the housing revitalization program shall be rental or owner-occupied single or multifamily housing.

      (d) The housing rehabilitation program shall create affordable housing in which rent levels are no higher than 30 percent of 80 percent of median income levels.

      (2) Priority shall be given to projects applied for under subsection (1) of this section that provide opportunities for low and moderate income persons to own their housing units.

      (3) Priority among rental housing projects shall be given to projects applied for under subsection (1) of this section that:

      (a) Have rent levels no higher than 30 percent of 50 percent of the median income level, or less;

      (b) Are owned and operated by a nonprofit or a governmental unit; and

      (c) Demonstrate a coordinated local effort to integrate housing, job placement and social services.

      (4) In implementing this section and ORS 458.305, the State Housing Council shall work to assure a reasonable geographic distribution of funds among different regions of the state and shall place special emphasis on assuring that funds are available to projects in rural areas. [1989 c.1016 §2; 1995 c.79 §269]

 

LOW INCOME RENTAL HOUSING FUND

 

      458.350 Low Income Rental Housing Fund established. (1) The Housing and Community Services Department Low Income Rental Housing Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned on the Housing and Community Services Department Low Income Rental Housing Fund shall be credited to the fund.

      (2) The Housing and Community Services Department Low Income Rental Housing Fund shall consist of all moneys paid into the fund under the provisions of ORS 105.130, any voluntary contributions made to the fund and any interest thereon.

      (3) Costs of administering the program described in ORS 458.350 and 458.360 shall be paid from the fund. [1989 c.916 §4; 1997 c.801 §35a]

 

      458.355 Criteria for use of fund. The Housing and Community Services Department shall adopt criteria for the use of the Housing and Community Services Department Low Income Rental Housing Fund by the department including criteria that:

      (1) Restrict the payment of funds to only those programs that defray the cost of rent for dwelling units for very low income households.

      (2) Exclude a housing authority established under the provisions of ORS 456.055 to 456.235 from receiving such funds for the purpose of defraying the cost of rents on property owned or actively managed by the housing authority.

      (3) Maximize coordination of services at the local level to carry out the provisions of ORS 458.365 and this section. [1989 c.916 §6; 1991 c.716 §3; 1997 c.801 §35b]

 

      458.360 Appropriation. Moneys in the Housing and Community Services Department Low Income Rental Housing Fund are continuously appropriated to the Housing and Community Services Department to administer for the purposes of providing housing for persons and families of lower income. [1989 c.916 §5]

 

      458.365 Housing and Community Services Department to administer Low Income Rental Housing Fund law. The Housing and Community Services Department shall administer the provisions of ORS 458.350 to 458.365. [1989 c.916 §8; 1991 c.716 §5; 1997 c.801 §36]

 

LOW-INCOME HOUSING INVOLVING STATE PROPERTY

 

      458.405 Legislative findings. The Legislative Assembly finds that:

      (1) Safe, affordable and readily available housing options for low-income individuals and families do not match the increasing need for such housing in this state.

      (2) Much state-owned property is unused and could be made available to increase housing options for low-income individuals and families.

      (3) Unused property kept for long periods of time generally decreases in value.

      (4) A method to dispose of or transfer such property and have it utilized for a public purpose is in the interests of the people of this state.

      (5) It will further the public interest to put unused state-owned real property at the disposal of nonprofit housing providers and housing authorities to address the housing needs of low-income individuals and families in this state. [1989 c.440 §1]

 

      458.410 Purposes. The purposes of ORS 458.405 to 458.460 are to provide low-income housing options including but not limited to:

      (1) Transitional and emergency housing for low-income individuals and families as long as this type of housing is accompanied by adequate supporting social services; and

      (2) Permanent low-income housing units. [1989 c.440 §2]

 

      458.415 Rules. In carrying out ORS 458.405 to 458.460, the state shall act by and through its duly constituted board, commission or agency. The state by statute or through its respective board, commission or agency, may provide rules necessary to carry out ORS 458.405 to 458.460. [1989 c.440 §3; 1995 c.79 §270]

 

      458.420 Conveyance of certain state real property for low-income housing. Whenever the state or any state agency possesses or controls real property that might be used to further the public use of providing housing options for low-income individuals and families that is unused for any other public purpose and in which no long-term policy exists to use it for another public purpose, then the state or its agency may sell, convey or lease for a period not to exceed 99 years, all or any part of its interest in the property to a nonprofit organization involved with providing low-income housing options or to a housing authority. The consideration for the transfer may be cash or real property, or both. [1989 c.440 §4]

 

      458.425 Restriction on conveyance of certain state real property. Real property needed for a public use other than low-income housing shall not be sold, exchanged, leased or conveyed under the authority of ORS 458.405 to 458.460. [1989 c.440 §5]

 

      458.430 Authority of state to lease property not owned by state. (1) The authority to lease property granted by ORS 458.420 includes authority to lease property not owned or controlled by the state at the time of entering the lease. Such lease shall be conditioned upon the subsequent acquisition of the interest covered by the lease.

      (2) Any lease of state real property to be used for the purposes of ORS 458.405 to 458.460 exceeding five years shall be approved in advance by the Oregon Department of Administrative Services. [1989 c.440 §6]

 

      458.440 Authorization to lease; terms and conditions. Every lease entered into pursuant to ORS 458.405 to 458.460 shall be authorized by order of the state agency executing the lease and shall provide such terms and conditions as may be fixed by the government body executing the lease. [1989 c.440 §7]

 

      458.445 Authority to relinquish title to property; purpose. The state is hereby granted express power to relinquish the title to any of its property not needed for another public purpose to the United States Government or any other governmental body, political subdivision, housing authority or nonprofit organization involved with providing low-income housing, in order to promote the public purpose of increasing housing options for low-income individuals and families in this state. [1989 c.440 §8]

 

      458.450 Approval required by governing body where property located. Before the transfer of any state-owned real property under the provisions of ORS 458.405 to 458.460 to a housing authority or a nonprofit organization involved with providing low-income housing to individuals and families in this state, the state or its agency, board or commission shall obtain approval of the governing body in which such property is located. [1989 c.440 §9]

 

      458.460 Bidding procedure for multiple applicants. In the event that more than one housing authority or appropriate nonprofit organization is interested in a building available for transfer under ORS 458.405 to 458.460, the state or its agency shall conduct a bidding process that takes into account:

      (1) The entity most capable of delivering services and housing options to conform with the purpose of ORS 458.405 to 458.460;

      (2) The fiduciary obligation of the state and its agencies to bondholders; and

      (3) Financial prudence. [1989 c.440 §10]

 

COMMUNITY SERVICES PROGRAMS

 

      458.505 Community action agency network as delivery system for federal antipoverty programs; duties of Housing and Community Services Department. (1) The community action agency network, established initially under the federal Economic Opportunity Act of 1964, shall be the delivery system for federal antipoverty programs in Oregon, including the Community Services Block Grant, Low Income Energy Assistance Program, State Department of Energy Weatherization Program and such others as may become available.

      (2) Funds for such programs shall be distributed to the community action agencies by the Housing and Community Services Department with the advice of the Community Action Directors of Oregon.

      (3) In areas not served by a community action agency, funds other than federal community services funds may be distributed to and administered by organizations that are found by the Housing and Community Services Department to serve the antipoverty purpose of the community action agency network.

      (4) In addition to complying with all applicable requirements of federal law, a community action agency shall:

      (a) Be an office, division or agency of the designating political subdivision or a not for profit organization in compliance with ORS chapter 65.

      (b) Have a community action board of at least nine but no more than 33 members, constituted so that:

      (A) One-third of the members of the board are elected public officials currently serving or their designees. If the number of elected officials reasonably available and willing to serve is less than one-third of the membership, membership of appointed public officials may be counted as meeting the one-third requirement;

      (B) At least one-third of the members are persons chosen through democratic selection procedures adequate to assure that they are representatives of the poor in the area served; and

      (C) The remainder of the members are officials or members of business, industry, labor, religious, welfare, education or other major groups and interests in the community.

      (c) If the agency is a private not for profit organization, be governed by the Community Action Board. The board shall have all duties, responsibilities and powers normally associated with such boards, including, but not limited to:

      (A) Selection, appointment and dismissal of the executive director of the agency;

      (B) Approval of all contracts, grant applications and budgets and operational policies of the agency;

      (C) Evaluation of programs; and

      (D) Securing an annual audit of the agency.

      (d) If the organization is an office, division or agency of a political subdivision, be administered by the board which shall provide for the operation of the agency and be directly responsible to the governing board of the political subdivision. The administering board at a minimum, shall:

      (A) Review and approve program policy;

      (B) Be involved in and consulted on the hiring and firing of the agency director;

      (C) Monitor and evaluate program effectiveness;

      (D) Ensure the effectiveness of community involvement in the planning process; and

      (E) Assume all duties delegated to it by the governing board.

      (e) Have a clearly defined, specified service area. Community action service areas shall not overlap.

      (f) Have an accounting system which meets generally accepted accounting principles and be so certified by an independent certified accountant.

      (g) Provide assurances against the use of government funds for political activity by the community action agency.

      (h) Provide assurances that no person shall, on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with funds made available through the community action program.

      (i) Provide assurances the community action agency shall comply with any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified individual with disabilities as provided in section 504 of the Rehabilitation Act of 1973.

      (5) For the purposes of this section, the Oregon Human Development Corporation is eligible to receive federal community service funds and low-income energy assistance funds.

      (6) The Housing and Community Services Department shall:

      (a) Administer federal and state antipoverty programs.

      (b) Apply for all available antipoverty funds on behalf of eligible entities as defined in this section.

      (c) In conjunction with the Community Action Directors of Oregon, develop a collaborative role in advocating for, and addressing the needs of, all low income Oregonians.

      (d) Biennially produce and make available to the public a status report on efforts by it and state agencies to reduce the incidence of poverty in Oregon. This report shall contain figures regarding the numbers and types of persons living in poverty in Oregon.

      (e) On a regular basis provide information to the Community Action Directors of Oregon on the activities and expenditures of the Housing and Community Services Department.

      (f) As resources are available, provide resources for technical assistance, training and program assistance to eligible entities.

      (g) As resources are available, provide resources for the training and technical assistance needs of the Community Action Directors of Oregon.

      (h) Conduct a planning process to meet the needs of low income people in Oregon. That process shall fully integrate the Oregon Human Development Corporation into the antipoverty delivery system. The planning process shall include development of a plan for minimum level of services and funding for low income migrant and seasonal farmworkers from the antipoverty programs administered by the agency.

      (i) Limit its administrative budget in an effort to maximize the availability of antipoverty federal and state funds for expenditures by local eligible entities. [Formerly 184.802; 1997 c.249 §156; 2003 c.14 §289; 2003 c.186 §15]

 

      Note: The amendments to 458.505 by section 28, chapter 100, Oregon Laws 2007, are the subject of a referendum petition that may be filed with the Secretary of State not later than September 26, 2007. If the referendum petition is filed with the required number of signatures of electors, chapter 100, Oregon Laws 2007, will be submitted to the people for their approval or rejection at the regular general election held on November 4, 2008. If approved by the people at the general election, chapter 100, Oregon Laws 2007, takes effect December 4, 2008. If the referendum petition is not filed with the Secretary of State or does not contain the required number of signatures of electors, the amendments to 458.505 by section 28, chapter 100, Oregon Laws 2007, take effect January 1, 2008. 458.505, as amended by section 28, chapter 100, Oregon Laws 2007, is set forth for the user’s convenience.

      458.505. (1) The community action agency network, established initially under the federal Economic Opportunity Act of 1964, shall be the delivery system for federal antipoverty programs in Oregon, including the Community Services Block Grant, Low Income Energy Assistance Program, State Department of Energy Weatherization Program and such others as may become available.

      (2) Funds for such programs shall be distributed to the community action agencies by the Housing and Community Services Department with the advice of the Community Action Directors of Oregon.

      (3) In areas not served by a community action agency, funds other than federal community services funds may be distributed to and administered by organizations that are found by the Housing and Community Services Department to serve the antipoverty purpose of the community action agency network.

      (4) In addition to complying with all applicable requirements of federal law, a community action agency shall:

      (a) Be an office, division or agency of the designating political subdivision or a not for profit organization in compliance with ORS chapter 65.

      (b) Have a community action board of at least nine but no more than 33 members, constituted so that:

      (A) One-third of the members of the board are elected public officials currently serving or their designees. If the number of elected officials reasonably available and willing to serve is less than one-third of the membership, membership of appointed public officials may be counted as meeting the one-third requirement;

      (B) At least one-third of the members are persons chosen through democratic selection procedures adequate to assure that they are representatives of the poor in the area served; and

      (C) The remainder of the members are officials or members of business, industry, labor, religious, welfare, education or other major groups and interests in the community.

      (c) If the agency is a private not for profit organization, be governed by the Community Action Board. The board shall have all duties, responsibilities and powers normally associated with such boards, including, but not limited to:

      (A) Selection, appointment and dismissal of the executive director of the agency;

      (B) Approval of all contracts, grant applications and budgets and operational policies of the agency;

      (C) Evaluation of programs; and

      (D) Securing an annual audit of the agency.

      (d) If the organization is an office, division or agency of a political subdivision, be administered by the board that shall provide for the operation of the agency and be directly responsible to the governing board of the political subdivision. The administering board at a minimum, shall:

      (A) Review and approve program policy;

      (B) Be involved in and consulted on the hiring and firing of the agency director;

      (C) Monitor and evaluate program effectiveness;

      (D) Ensure the effectiveness of community involvement in the planning process; and

      (E) Assume all duties delegated to it by the governing board.

      (e) Have a clearly defined, specified service area. Community action service areas may not overlap.

      (f) Have an accounting system that meets generally accepted accounting principles and be so certified by an independent certified accountant.

      (g) Provide assurances against the use of government funds for political activity by the community action agency.

      (h) Provide assurances that no person shall, on the grounds of race, color, sex, sexual orientation or national origin be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with funds made available through the community action program.

      (i) Provide assurances the community action agency shall comply with any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified individual with disabilities as provided in section 504 of the Rehabilitation Act of 1973.

      (5) For the purposes of this section, the Oregon Human Development Corporation is eligible to receive federal community service funds and low-income energy assistance funds.

      (6) The Housing and Community Services Department shall:

      (a) Administer federal and state antipoverty programs.

      (b) Apply for all available antipoverty funds on behalf of eligible entities as defined in this section.

      (c) In conjunction with the Community Action Directors of Oregon, develop a collaborative role in advocating for, and addressing the needs of, all low income Oregonians.

      (d) Biennially produce and make available to the public a status report on efforts by it and state agencies to reduce the incidence of poverty in Oregon. This report shall contain figures regarding the numbers and types of persons living in poverty in