OAR 813 § 813-115-0060
Recording Notices of Right of First Refusal
Operative Text
(1) After submitting an offer to the property owner as outlined in ORS 456.814, a qualified purchaser may record—in the real property records of the county or counties within which the relevant participating property is located—a notice of right of first refusal, as provided by ORS 456.814, in a form provided by and available from OHCS. (2) If no qualified purchaser has recorded a right of first refusal, OHCS may record the right of first refusal per 456.814(7) without delivering an offer to purchase. (3) A qualified purchaser may assign their interest in a right of first refusal to another qualified purchaser by recording—in the real property records of the county or counties within which the relevant participating property is located—a notice of assignment of the right of first refusal. (4) A qualified purchaser is not required to exercise a right of first refusal and submit a matching offer under ORS 456.819. (5) A qualified purchaser shall provide a release of the recorded right of first refusal to the property owner upon: (a) Transfer of ownership to a third party or qualified purchaser; or (b) Expiration of the term of the right of first refusal if there is no transfer of ownership; or (c) At any time as determined by the qualified purchaser, at their sole discretion prior to (a) or (b) above.
OAR 813 § 813-115-0060 governs how rights of first refusal are recorded and managed in Oregon's affordable housing context. After submitting a purchase offer, a qualified purchaser may record a notice of right of first refusal in the relevant county's real property records using a form provided by the Oregon Housing and Community Services agency (OHCS). If no qualified purchaser records such a notice, OHCS itself may do so. The rule also addresses how these rights can be assigned to another qualified purchaser, when a release must be provided, and clarifies that holding a recorded right does not obligate the holder to actually submit a matching offer.
Plain English — not legal advice.
Property owners with participating properties subject to OAR 813 § 813-115-0060 should be aware that a qualified purchaser or OHCS may record a notice of right of first refusal in the county real property records where the property is located. Compliant operators generally track whether such a notice has been recorded against their property and understand that a release of that recorded right must be provided upon transfer of ownership, expiration of the right's term, or earlier at the qualified purchaser's discretion. Staying informed about the status of any recorded notices helps operators manage title and transaction timelines effectively.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
OAR 813 § 813-115-0060 is primarily directed at qualified purchasers and property owners in Oregon's affordable housing program, but it has indirect relevance to tenants living in participating properties. The rule's right-of-first-refusal framework is designed to support the preservation of affordable housing, which can affect whether a property remains in an affordable program after a sale. Tenants who have questions about how a potential sale of their building might affect their housing situation may find it useful to contact a local tenant-rights organization or reach out to OHCS for information about the status of any recorded rights under this provision.
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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