A city is required to undertake actions in a housing production strategy by the deadline under ORS 197A.100(4). The department is required to annually refer each city to the housing acceleration program at its midpoint that has not taken actions adopted in its housing production strategy under ORS 197A.130(3)(c).

1. (1) The department will not refer a city to the housing acceleration program under this provision if the city has received either or both:

   1. (a) An extension for good cause under OAR 660-008-0230(4)(a);
   2. (b) Department approval to undertake a replacement action or actions in the housing production strategy under OAR 660-008-0230(4)(b).

2. (2) The department must refer a city that has not undertaken the action by the revised deadline under OAR 660-008-0230(4) and is not exempt from referral under section (1) to the housing acceleration program pursuant to ORS 197A.130(3)(c).

   1. (a) Referral under this section may only occur after the submittal and department evaluation of a midpoint report.
   2. (b) The department will evaluate implementation of and progress on all actions included in an adopted housing production strategy since the previous midpoint report.

3. (3) For cities referred under section (2), the department must conduct an audit under OAR 660-008-0325 focused only on:

   1. (a) The action or actions that the city has failed to undertake;
   2. (b) The housing needs addressed by the action or actions;
   3. (c) Other actions taken by the city to address the needs; and
   4. (d) Any additional proportionate actions that may be necessary to address the needs, in lieu of the action or actions in subsection (a).
4. (4) A housing acceleration agreement developed under OAR 660-008-0330 to address failure of a city to undertake an action shall only include needed proportionate actions necessary to address an outstanding housing need resulting from the failure to undertake an action or actions under this rule.

5. (5) A city submitting materials to the department under OAR 660-008-0325(2), may provide the department the following materials for consideration in the audit:

   1. (a) Any specific actions the city has taken to address the need in lieu of the action or actions proposed in the housing production strategy; and
   2. (b) Any alternative actions the city could take to proportionately address the need.
6. (6) If a city is also referred to the housing acceleration program under OAR 660-008-0320, the department must consolidate the audit under section (3) and agreement under section (4) into a single process, consistent with the deadlines under ORS 197A.130.

Statutory/Other Authority

ORS 197.040

Statutes/Other Implemented

ORS 197A.130

History

LCDD 8-2025, amend filed 12/23/2025, effective 01/01/2026
LCDD 15-2024, adopt filed 12/20/2024, effective 01/01/2025