OAR 813 § 813-027-0080
Noncompliance
Operative Text
(1) At any time before the expiration of the affordability period, if the Department determines that a recipient of the moneys from the Manufactured Dwelling Parks Preservation Fund is not in compliance with applicable requirements, the recipient shall take corrective actions required by the Department. Examples of noncompliance include, but are not limited to, the use of fund moneys for activities not approved in the funding agreement, the failure to complete activities in a timely manner, the failure to comply with applicable rules or regulations or the lack of a continued capacity by the recipient to carry out the approved activities. The Department may take any of the actions described in section (3) of this rule against a recipient who does not take the required corrective actions to the satisfaction of the Department. (2) In addition to, or in lieu of a requirement of corrective action under section (1) of this rule, the Department may take one or more of the actions described in section (3) of this rule against a recipient who is not in compliance with applicable requirements if the Department determines that one or more of the following circumstances exist: (a) The Department or recipient has not disbursed moneys within one year of award by the Department. (b) A public or private party funding agreement that is related to the project is not executed within six months of the award of moneys from the fund. (c) A material breach of the funding agreement occurs, such as a failure to use the funds for eligible costs or a failure of the recipient to serve the population stated in the funding agreement. (d) The funding agreement is not recorded on the property as required by OAR 813-027-0050(6) or pursuant to agreement. (e) The Department finds that significant corrective actions are necessary to protect the integrity of the award money and that the corrective actions are not or will not be made within a reasonable time. (3) The Department may take one or more of the following actions under this rule: (a) Prohibit a recipient from applying for future moneys from the fund or for other Department assistance; (b) Revoke an existing award. (c) Withhold unexpended moneys. (d) Require return of moneys disbursed to the recipient but not yet expended by the recipient. (e) Require repayment of expended moneys. (f) Payment of any legal costs associated with a review of non-compliance. (g) Invoke other remedies that may be incorporated into the funding agreement. (4) Actions that the Department may take under this rule are cumulative and not exclusive and are in addition to any other rights and remedies provided by law or under a funding agreement.
OAR 813 § 813-027-0080 establishes what happens when a recipient of Manufactured Dwelling Parks Preservation Fund money fails to meet program requirements during the affordability period. Noncompliance can include misuse of funds, failure to complete activities on time, or loss of capacity to carry out approved work. When the Oregon Housing and Community Services Department identifies noncompliance, it may require corrective action and, if that action is unsatisfactory or certain triggering circumstances exist, may impose one or more remedies ranging from withholding future funds to demanding repayment of money already spent. These remedies are cumulative and do not replace any other legal rights the Department holds.
Plain English — not legal advice.
Operators and organizations that receive Manufactured Dwelling Parks Preservation Fund awards should understand that OAR 813 § 813-027-0080 gives the Department broad authority to monitor compliance throughout the entire affordability period. Compliant recipients generally ensure that funds are used only for activities approved in the funding agreement, that all related public or private funding agreements are executed within six months of award, and that the funding agreement is recorded on the property as required. Recipients also typically maintain the organizational capacity to carry out approved activities and disburse awarded funds within one year, since failure on any of these points can trigger corrective-action requirements or more serious remedies such as award revocation or repayment demands.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For residents of manufactured dwelling parks, OAR 813 § 813-027-0080 is relevant because it governs how the state holds fund recipients accountable for preserving affordable housing throughout the affordability period. If a park owner or nonprofit that received preservation funds appears to be misusing those funds or failing to serve the population described in the funding agreement, tenants may have grounds to raise concerns with the Oregon Housing and Community Services Department, which administers the fund and has authority to investigate and act. Tenant-rights organizations can help residents understand whether a potential violation exists and what avenues—such as contacting the Department directly—may be available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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