Or. Admin. Code § 660-008-0055 - Review of Housing Production Strategy Reports

(1) No later than 20 days after a city's adoption or amendment of a Housing Production Strategy Report, a city must submit the adopted Report or amended Report to the Department.

(2) On the same day the city submits notice of the Housing Production Strategy Report or amended Report to the Department, the city must provide a notice to persons who participated in the proceedings that led to the adoption of the Housing Production Strategy Report and requested notice in writing.

(3) Within ten days of receipt of the submission under section (1), the Department must provide notice to persons described under ORS 197.615(3).

(4) Notices given under sections (2) and (3) must state:

(a) How and where materials described under section (5) may be freely obtained;

(b) That comments on the Housing Production Strategy Report may be submitted to the Department within 45 days after the Department has received the submission under section (1); and

(c) That there is no further right of appeal of the Department's decision under section (7).

(5) The submission under section (1) must include copies of:

(a) The signed decision adopting the Housing Production Strategy Report or amended Report;

(b) The text of the Housing Production Strategy Report as provided in OAR 660-008-0050 and any amendments to the most recent Report submitted under section (1);

(c) A brief narrative summary of the Housing Production Strategy Report; and

(d) The information that the city reviewed and considered under section (6).

(6) The Department shall review the accuracy and sufficiency of the Housing Production Strategy Report based upon the following:

(a) Unmet housing need as described in ORS 197.296(6);

(b) Unmet housing need in proportion to the city's population;

(c) Percentage of households identified as severely rent burdened;

(d) Recent housing development;

(e) Recent adoption of a Housing Production Strategy or implementation of actions therein;

(f) The city's response to address the housing needs of those experiencing homelessness;

(g) Increased access to housing opportunity including the elimination of barriers to fair and equitable housing options;

(h) Other attributes that the Commission considers relevant; and

(i) Recent or frequent failure to address the metrics listed in the criteria in this subsection.

(7) The Department shall, within 120 days after receiving the submission under section (1):

(a) Approve the Housing Production Strategy Report;

(b) Approve the Housing Production Strategy Report, subject to further review and actions recommended by the Department based on its review under section (6); or

(c) Remand the Housing Production Strategy Report for further modification as identified by the Department.

(8) A determination by the Department under section (7) is not a land use decision and is final and not subject to appeal.

(9) The Department will maintain an annual summary of proposed Housing Production Strategies included in Reports submitted under section (1) and reports submitted under OAR 660-008-0060.

Notes

Or. Admin. Code § 660-008-0055

LCDD 17-2020, adopt filed 12/22/2020, effective 1/1/2021

Statutory/Other Authority: ORS 197.040

Statutes/Other Implemented: ORS 197.290, ORS 197.291, ORS 197.293, ORS 197.296 & ORS 197.303