17.108.050 Exemptions and Waivers.

City Code Section

A.  The Director may exempt a seller from the requirements of this Chapter if the seller submits documentation that the covered building will be sold through of any of the following:

1.  A foreclosure sale,

2.  A trustee’s sale,

3.  A deed-in-lieu of foreclosure sale, or

4.  Any pre-foreclosure sale in which seller has reached an agreement with the mortgage holder to sell the property for an amount less than the amount owed on the mortgage.

B.  The Director may exempt a seller from the requirements of this Chapter after confirming that compliance would cause undue hardship for the seller under the following circumstances:

1.  The covered building qualifies for sale at public auction or acquisition by a public agency due to arrears for property taxes,

2.  A court appointed receiver is in control of the covered building due to financial distress,

3.  The senior mortgage on the covered building is subject to a notice of default,

4.  The covered building has been approved for participation in Oregon Property Tax Deferral for Disabled and Senior Citizens, or equivalent program as determined by the Director, or

5.  The responsible party is otherwise unable to meet the obligations of this Chapter as determined by the Director.

C.  The Director may exempt a seller from the requirements of this Chapter where the Director determines that compliance with the requirements of Section 17.108.040 would cause undue hardship under any of the following circumstances:

1.  The low-income qualified seller demonstrates household income is at or below 60 percent of median household income for the Portland-Vancouver-Hillsboro, OR-WA Metropolitan Statistical Area,

2.  The low-income qualified seller has been approved for participation in Oregon Low-Income Home Energy Assistance Program,

3.  The low-income qualified seller has been approved for participation in Free and Reduced Price Meals through Oregon Department of Education, or

4.  The low-income qualified seller is otherwise unable to meet the obligations of this Chapter as determined by the Director.

D.  The Director may provide a waiver from the requirements of this Chapter for homebuilders or sellers using scoring products that are not compliant with Oregon Administrative Rules adopted by Oregon Department of Energy for Oregon’s Home Energy Performance Score Standard. The waiver will allow homebuilders or sellers currently using Energy Performance Scores (EPS) or Home Energy Rating System (HERS) to temporarily continue the use of these asset rating tools.