(1) With prior written approval from the Authority, a CCO may invest up to twenty-five (25) percent of its Primary Reserve and Secondary Reserve with one or more public housing authorities created under ORS 456.055 to 456.235 and governed by a county in the CCO’s service area.
- (a) The housing authority(ies) must address a documented social determinant of health and equity need, as outlined in OAR 410-141-3735, for that community;
- (b) The CCO shall complete and file with the Authority a Form D as described and required under OAR 410-141-5320 for each housing authority that the CCO contracts with under this section;
- (c) The CCO shall complete and file with the Authority the Model Depository Agreement specific to any obligation described in this section that shall not be held with a third-party financial institution.
(2) The obligation shall be supported by an agreement between the CCO and the housing authority.
- (a) The agreement shall describe the use of the funds provided (e.g. newly constructed vs. purchased; public housing vs. affordable housing vs. mixed income housing; owned vs. operated; type of housing unit such as single-family dwellings, multifamily dwellings, emergency shelters, dwelling accommodations, living accommodations, manufactured dwelling parks, residential units) and how the funds shall address a documented social determinant of health need for that community;
- (b) The agreement shall require and describe financial reporting requirements including but not limited to audited financial statements;
- (c) A draft copy of the agreement shall be included with the Form D submission.
(3) The obligation shall be secured through written guarantees by a regulated guarantor who is adequately capitalized. The guarantor’s adequate capitalization is demonstrated through financial reports submitted at least annually to, and evaluated by, either the Authority or a state or federal insurance or bank regulatory agency.
- (a) The guarantee shall be unconditional and absolute for the full and prompt payment and performance of all obligations under the promissory note;
- (b) The guarantee shall remain in full force and effect and be binding upon guarantors until the promissory note is paid and performed in full;
- (c) A draft copy of the guarantee, together with the most recent audited financial statement and regulatory examination of the guarantor, shall be included with the Form D submission.
(4) The obligation shall be supported by a promissory note between the housing authority and the CCO.
- (a) The promissory note shall mature no later than the date of the end of the current CCO Contract;
- (b) The promissory note may be extended in the event that the CCO Contract is extended;
- (c) A draft copy of the promissory note shall be included with the Form D submission.
Statutory/Other Authority
ORS 413.042, 414.572, 414.591 & 414.605
Statutes/Other Implemented
ORS 414.570-414.686 & 415.001-415.430
History
DMAP 143-2024, amend filed 12/29/2024, effective 01/01/2025
DMAP 56-2021, adopt filed 12/30/2021, effective 01/01/2022