Bill Text: OR HB2639 | 2013 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to housing; and appropriating money.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2013-08-14 - Chapter 740, (2013 Laws): Effective date January 1, 2014. [HB2639 Detail]

Download: Oregon-2013-HB2639-Engrossed.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

HA to A-Eng. HB 2639

LC 2011/HB 2639-A15

                       HOUSE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2639

              By JOINT COMMITTEE ON WAYS AND MEANS

                             July 3

  On page 1 of the printed A-engrossed bill, line 2, delete '
456.561' and insert '659A.139'.
  On page 4, delete lines 34 through 45.
  On page 5, delete lines 1 through 16 and insert:
  '  { +  SECTION 4. + }  { + (1) When a landlord is determined
to be eligible to receive assistance under section 3 of this 2013
Act, 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 section
5 of this 2013 Act.
  ' (2) After the department pays a claim for assistance to a
landlord under section 3 of this 2013 Act, 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
section 3 of this 2013 Act;
  ' (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 section 3 of this 2013 Act;
  ' (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 section 3 of this 2013 Act, 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 section 3 of this 2013 Act. 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 section 3 of this 2013 Act.
  ' (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. + } '
.
  After line 23, insert:
  ' (c) Amounts repaid by tenants under section 4 of this 2013
Act;'.
  In line 24, delete '(c)' and insert '(d)'.
  In line 25, delete '(d)' and insert '(e)'.
  On page 6, line 9, delete 'and' and insert 'or'.
  In line 10, delete the second 'and' and insert 'or'.
  In line 11, delete 'and' and insert 'or'.
  Delete lines 23 through 45 and delete page 7.
  On page 8, delete lines 1 through 3.
  In line 4, delete '11' and insert '7'.
  In line 11, delete '12' and insert '8' and delete '8 and 11'
and insert '7'.
  In line 13, delete '13' and insert '9'.
  In line 15, delete '$___ ' insert '$74,855'.
  Delete lines 17 through 22 and insert:
  '  { +  SECTION 10. + }  { + (1) In addition to and not in lieu
of any other appropriation, there is appropriated to the
Emergency Board, for the biennium beginning July 1, 2013, out of
the General Fund, the amount of $74,855, to be allocated to the
Housing and Community Services Department for the purposes of
implementing the Housing Choice Landlord Guarantee Program and
carrying out the provisions of sections 2 to 6 of this 2013 Act.
  ' (2) If any of the moneys appropriated by subsection (1) of
this section are not allocated by the Emergency Board prior to
December 1, 2014, the moneys remaining on that date become
available for any purpose for which the Emergency Board lawfully
may allocate funds. + }
  '  { +  SECTION 11. + }  { + Sections 2 to 6 of this 2013 Act
and the amendments to ORS 659A.421 by section 1 of this 2013 Act
become operative on July 1, 2014. + }
  '  { +  SECTION 12. + } ORS 659A.139 is amended to read:
  ' 659A.139. (1) ORS 659A.103 to   { - 659A.145 - }  { +
659A.144  + }shall be construed to the extent possible in a
manner that is consistent with any similar provisions of the
federal Americans with Disabilities Act of 1990, as amended by
the federal ADA Amendments Act of 2008 and as otherwise amended.
  ' (2) The determination of whether an individual has a
disability as provided in ORS 659A.104 (1) shall be construed in
favor of broad coverage of individuals under ORS 659A.103 to
659A.145, to the maximum extent permitted by the terms of ORS
659A.103 to 659A.145.'.
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