2015 Oregon Revised Statutes
Volume : 11 - Public Health, Housing, Environment
Chapter 456 - Housing
Section 456.380 - Repayment of claim by tenant; notice; rights and remedies; availability of compliance information; rules.

(1) When a landlord is determined to be eligible to receive assistance under ORS 456.378, the Housing and Community Services Department shall require the responsible tenant to repay the full or a partial amount of any assistance paid to the landlord and shall offer the responsible tenant a reasonable repayment agreement that provides for repayment by the tenant to the department of the full or a partial amount of the assistance paid to the landlord. Amounts repaid by tenants under this section must be deposited into the Housing Choice Landlord Guarantee Program Fund created in ORS 456.385.

(2) After the department pays a claim for assistance to a landlord under ORS 456.378, the department shall serve a notice upon the responsible tenant stating the following:

(a) The tenant must repay to the department the amount of any assistance paid to a landlord on the tenant’s behalf pursuant to ORS 456.378;

(b) The tenant may enter into a reasonable repayment agreement with the department to repay the full or a partial amount of any assistance paid to a landlord on the tenant’s behalf pursuant to ORS 456.378;

(c) If the tenant does not enter into a repayment agreement or make good faith efforts to comply with the terms of a repayment agreement that the tenant has entered into, or otherwise fails to repay the full or a partial amount of assistance paid to the landlord on the tenant’s behalf pursuant to ORS 456.378, the department may seek to collect any amount remaining unpaid by the tenant;

(d) The department shall make available upon request by local housing authorities and landlords information regarding a tenant’s compliance with the provisions of this section, including records of repayments made by the tenant, where applicable; and

(e) The tenant may seek a waiver of repayment requirements under this section for good cause shown and may contest the department’s determination that the tenant has an obligation to repay any amounts of assistance paid to a landlord on the tenant’s behalf, in accordance with ORS chapter 183.

(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, that the tenant has not made or is not making a good faith effort to comply with the repayment agreement or that the tenant has not paid to the department the full or a partial amount of the assistance paid to a landlord on the tenant’s behalf pursuant to ORS 456.378. The department shall serve a notice of noncompliance upon the tenant in accordance with ORS 183.415 that states the amount remaining unpaid by the tenant.

(4) The department may pursue any rights, remedies or processes provided by law for the collection of unpaid amounts due from a tenant for assistance paid to a landlord on the tenant’s behalf pursuant to ORS 456.378.

(5) The department shall waive the requirements of this section for good cause as set forth in rules adopted by the department.

(6) The department shall make available upon request by, and in a timely manner to, local housing authorities and landlords information regarding a tenant’s compliance with the provisions of this section, including records of repayments made by the tenant, where applicable.

(7) The department shall adopt rules to implement the provisions of this section, including but not limited to the contents of the notice required under subsection (2) of this section and the procedure for providing information to local housing authorities and landlords regarding a tenant’s record of repayment as required under subsection (6) of this section.

[2013 c.740 §4]