OAR 813 § 813-310-0070
Application for Exemptions from Visitability Requirements
Operative Text
(1) To request an exemption from any rule under chapter 813-310, the applicant must complete an OHCS Exemption Request Form. Exemption Request Forms may be obtained by contacting the OHCS Housing Resources Section. They are also available on the OHCS website at: http://www.hcs.state.or.us/. (2) In requesting an exemption, an applicant must list the category of each visitability exemption as described in OAR 813-310-0080 and must submit a written statement providing thorough justification about why each exemption is needed. An applicant may seek exemption pursuant to more than one exemption category. Consistent with the category of the requested exemption or exemptions, the written statement should include information regarding topographic conditions, community and design standards, construction costs, constraints, sources of funding or other matters as necessary to adequately describe the circumstances relating to the exemption request. If the exemption request is based upon design standards, the written statement shall address whether it would be reasonably possible to obtain from the local government an exemption from the local design standard. In addition, the statement shall indicate whether the applicant is seeking a full or partial exemption. [ED. NOTE: Forms referenced are available from the agency.]
OAR 813 § 813-310-0070 establishes the process by which applicants may seek an exemption from Oregon's visitability requirements for housing. To pursue an exemption, a party must complete an official OHCS Exemption Request Form and submit a detailed written justification that identifies the specific exemption category or categories from OAR 813-310-0080 and explains the circumstances—such as topographic conditions, construction costs, or design standards—that make the exemption necessary. The written statement must also specify whether the applicant is seeking a full or partial exemption, and if the request is design-standards-based, must address whether a local government exemption from that standard could reasonably be obtained.
Plain English — not legal advice.
Property owners and developers subject to Oregon's visitability requirements who believe an exemption may apply should be aware that OAR 813 § 813-310-0070 sets out a formal application process through OHCS. Compliant operators typically obtain the OHCS Exemption Request Form from the Housing Resources Section or the OHCS website, identify each applicable exemption category under OAR 813-310-0080, and prepare a thorough written statement covering relevant factors such as site topography, funding constraints, or community design standards. Operators seeking design-standard-based exemptions generally address in their statement whether a local government exemption from the relevant design standard could reasonably be pursued, and they clearly indicate whether a full or partial exemption is being requested.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
OAR 813 § 813-310-0070 governs how exemptions from visitability requirements—features designed to make housing accessible to people with mobility limitations—can be formally requested by developers or property owners. Tenants and housing advocates can review exemption requests and the applicable categories under OAR 813-310-0080 to understand whether a project's departure from visitability standards was properly justified and approved through OHCS. Those with concerns about whether an exemption was appropriately granted may consider contacting the OHCS Housing Resources Section directly or reaching out to a tenant-rights or disability-rights organization for general information about available options.
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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