30.01.030 Definitions.

City Code Section

(Amended by Ordinance Nos. 186028, 187380, 188163, 189323 and 190381, effective April 30, 2021.)

A.  “Administrative Rules” means the program administrative rules developed by the Portland Housing Bureau and approved through City Council which set forth program requirements, processes, and procedures, and are filed through the City’s publically available Portland Policy Documents (PPD).

B.  “Affordable housing.”  The term “affordable housing”, “affordable rental housing” or “housing affordable to rental households” means that the rent is structured so that the targeted tenant population pays no more than 30 percent of their gross household income for rent and utilities.  The targeted tenant populations referred to in this section include households up to 80 percent of MFI.

C.  "Associated Housing Costs." include, but are not limited to, fees or utility or service charges, means the compensation or fees paid or charged, usually periodically, for the use of any property, land, buildings, or equipment. For purposes of this Chapter, housing costs include the basic rent charge and any periodic or monthly fees for other services paid to the Landlord by the Tenant, but do not include utility charges that are based on usage and that the Tenant has agreed in the Rental Agreement to pay, unless the obligation to pay those charges is itself a change in the terms of the Rental Agreement.

D.  “City Subsidy.”  Locally controlled public funds administered by PDC, PHB, or other City bureau or agency, allocated for the purpose of creating or preserving affordable rental housing to households below 80 percent of MFI.  City subsidies may be provided to developers through direct financial assistance such as low interest or deferred loans, grants, equity gap investments, credit enhancements or loan guarantees, or other mechanisms.

E.  “City Subsidy Projects.”  Privately owned properties of five or more units which receive a City Subsidy after the effective date of Title 30.01 through programs designed to create or preserve rental housing affordable at or below 80 percent of MFI.

F.  “Commercial Market Compatible Offer.”  A Fair Market Value purchase offer made by the City or its designee which is consistent with the terms and conditions which would be made by a buyer on the open market such that a seller negotiating with the City on such terms would not experience any significant disadvantage as compared to a market rate transaction with a private party.

G.  “Fair Market Value.”  The amount of money in cash that real property would bring in the open market if it were offered for sale by one who desired, but was not obligated to sell, and was bought by one willing but not obliged to buy.  It is the actual value of the property on the date when a City offer pursuant to Title 30.01.050 is made.  As may be further refined by PHB through its Administrative Procedures developed in reference to the Uniform Standards of Professional Appraisal Practice, the Oregon Uniform Trial Instructions, and relevant case law, Fair Market Value is based on the best and highest use of the property, which may be greater than the use being made of the property by the current owner.  However, Fair Market Value does not include speculative value, or possible value based on future expenditures and improvements, or potential changes in applicable zoning regulations or laws, which are not reasonably probable.  Fair Market Value includes assessment of environmental, structural or mechanical information derived from inspections or other due diligence activities.

H.  “Federal Preservation Projects.”  Properties having project-based rental assistance contracts for some or all of the units (such as Section 8 and Project Rental Assistance Contracts) including those developed under a variety of HUD mortgage assistance and interest rate reduction programs.  Federal preservation projects include properties with loans, contracts, or insurance under the following federal subsidy programs: section 221(d)(4) with project-based Section 8; Section 202; Section 236(J)(1); Section 221(D)(3) BMIR; Section 221(D)(3) MIR; Section 811; Project based Section 8 contracts administered through HUD, Oregon Housing and Community Services, or the Housing Authority of Portland; Project Rental Assistance Contracts (PRAC); LIHPRHA capital grant program; and Section 241(f) preservation grant.  An updated list of all known Federal Preservation Projects will be maintained and available upon request to the public.

I.  “HUD.”  The United States Department of Housing and Urban Development

J.  “Involuntary Displacement.”  Tenants of Federal Preservation Projects are considered to be involuntarily displaced if:

1.  They are served a notice to vacate the property for reasons other than just cause as defined herein; or

2.  They are not offered a one year lease under their tenant based voucher by the property owner; or

3.  They are offered a one year lease under their tenant based voucher, but are required to pay as rent and utilities an amount greater than the tenant contribution to rent (and utilities) in effect under the project-based Section 8 contract, and they then choose to move from the property rather than enter into a lease under the voucher.  This form of displacement is referred to as “economic displacement.”

K.  “Just Cause Eviction.”  Evictions for serious or repeated violations of the terms and conditions of the lease or occupancy agreement, violation of applicable Federal, State or local law, or other good cause.

L.  “Local Preservation Projects.”  Properties with 10 or more rental units which received financial assistance (from the programs listed below), to create or preserve housing serving households below 80 percent of MFI since January 1, 1988 and through the effective date of Title 30.01, which have affordability restrictions that are still in force as of the effective date of Title 30.01.  Financial assistance programs include subsidies from the City of Portland through the Portland Development Commission (Rental Housing Development Loan Program, Investor Rehabilitation Loan Program, Rental Rehabilitation Loan Program, or Downtown Housing Preservation Program), and/or from the State of Oregon Housing and Community Services Department (Housing Development Grant Program, Oregon Affordable Housing Tax Credit Program, and the former Oregon Lenders Tax Credit Program, Risk Sharing Bond program, Elderly and Disabled Bond Program), and/or which have received bond financing issued by the Housing Authority of Portland or the Portland Development Commission. An updated list of all known Local Preservation Projects will be maintained and available upon request to the public.

M.  “Low Income.”  Low income individuals, households or tenants are those with a gross household income below 50 percent of MFI.

N.  “Mass shelter.”  A building that contains one or more open sleeping areas or is divided only by non-permanent partitions and is furnished with beds, cots, floor mats, or bunks. Individual bedrooms are not provided. The shelter may or may not have food preparation or shower facilities. The shelter is managed by a public or non-profit agency to provide shelter, with or without a fee.  Where individual bedrooms are provided, the facility is a short term shelter. See also Outdoor Shelter and Short Term Shelter.

O.  “MFI.”  Median family income for the Portland Metropolitan Statistical Area as defined by HUD as adjusted for inflation and published periodically.

P.  “Moderate Income.”  Moderate income individuals, households or tenants are those with a gross household income below 80 percent of MFI.

Q.  “Outdoor Shelter.” Individual shelters grouped together in an outdoor setting. Examples of individual shelters include tents, yurts, huts, cabins, vehicles or other similar accommodation that do not contain sanitary or cooking facilities, and recreational vehicles with or without cooking and sanitary facilities. The shelter is managed by a public agency or a non-profit agency, with or without a fee, and with no minimum length of stay. An outdoor shelter may or may not include buildings that have food preparation or sanitary facilities. See also Mass Shelter and Short Term Shelter.

R.  “Opt Out.”  An owner’s non-renewal of an available project-based Section 8 contract in a Federal Preservation Project.  Owners may consider “opting out” when they contemplate conversion to open market rental housing, other housing or commercial uses, or a sale of the property.

S.   "PHB."  The Portland Housing Bureau.

T.   “PDC.”  ThePortland Development Commission

U.  “Preservation Process.”  The requirements contained in 30.01.050 - 30.01.070 for Federal Preservation Projects and in 30.01.080 for Local Preservation Projects respectively.

V.  “Qualifying Household.”  A household legally residing in a Federal Preservation Project with a gross household income at or below 50 percent of MFI.

W.  “Receiving Site” means a new or existing housing development with transferred Inclusionary Housing requirements from a Sending Site.

X.  “Regulatory Agreement” means a recorded agreement between the owner and PHB stating the approval and compliance criteria of a PHB program.

Y.  "Residential Landlord and Tenant Act" or "Act."  ORS Chapter 90.

Z.  “Sending Site” means a new development project which is subject to Inclusionary Housing requirements and is opting to provide affordable units off-site.

AA.  “Short-term shelter.”  One or more buildings that each contains one or more individual bedrooms and for which occupancy of all rooms may be arranged with no minimum length of stay. A short-term shelter facility may or may not have food preparation facilities, and shower or bath facilities may or may not be shared. The facility is managed by a public or non-profit agency that may or may not charge a fee. Examples include transitional housing and emergency shelters in which individual rooms are provided. Where individual bedrooms are not provided, the facility is a mass shelter. See also Mass Shelter and Outdoor Shelter.

Upcoming and Recent Changes

Ordinance No. 190381

Effective Date

Ordinance No. 190381 has two effective dates:

Directive b is effective April 30, 2021:  Amend Titles 8, 15, 17, 21, and 30 of the Portland City Code, as shown in Exhibit B, Shelter to Housing Continuum Recommended Draft Volume Three—As-Amended, dated April 2021, but excluding the amendments to Subsection 17.14.070 H. Note:  Directive b changes updated online May 4, 2021.

Directive c is effective August 1, 2021:  Amend Title 29 and Subsection 17.14.070 H. of the Portland City Code as shown in Exhibit B, Shelter to Housing Continuum Recommended Draft Volume Three—As-Amended, dated April 2021. Note:  Directive c changes will be posted online around August 1, 2021.