OAR 813 § 813-310-0075
Approval or Disapproval of Requested Visitability Exemptions
Operative Text
(1) The Department may grant exemptions to the visitability requirement of this division in a manner and to a degree consistent with these rules, acting on its own initiative or at the request of an applicant for a development subsidy. (2) The final approval of an exemption or partial exemption request may be given for more or less than requested. Partial exemptions may be granted as follows: (a) Partial exemption from meeting all of the visitability requirements. The Department may grant an exemption for one aspect of the visitability requirements without granting exemption from other visitability requirements. For example, an exemption from exterior visitability requirements may be granted for topographical reasons, without exempting interior visitability requirements. (b) Partial exemption from full compliance with visitability requirements — The Department may grant a partial exemption from full compliance with any visitability requirement. For example, a ramp that cannot meet the visitability standard may be given a partial exemption that still requires the ramp to meet a certain standard which in the determination of the Department is the best that can be achieved under the circumstances. (c) Partial exemption for one or more units. The Department may grant an exemption or partial exemption for one or more of the units in a development. For example, it may be that one unit in a development requires an exemption while others do not merit such an exemption.
Oregon Administrative Rule OAR 813 § 813-310-0075 establishes how the Oregon Housing and Community Services Department may approve or deny requests to waive visitability requirements for subsidized housing developments. Exemptions can be full or partial, and the Department retains discretion to grant less relief than requested. Partial exemptions may apply to specific visitability elements, to the degree of compliance required, or to only certain units within a development.
Plain English — not legal advice.
Under OAR 813 § 813-310-0075, operators seeking a subsidy for a development project who believe full visitability compliance is infeasible may submit an exemption request to the Department. Compliant applicants typically document the specific physical, topographical, or structural constraints that prevent meeting each visitability standard they seek relief from, since the Department may grant narrower relief than requested. Operators generally prepare to demonstrate that any partially exempted element—such as a ramp—still meets the highest achievable standard under the circumstances.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
OAR 813 § 813-310-0075 governs how the Department evaluates visitability exemptions in subsidized housing, which directly affects accessibility for residents with mobility-related needs. Tenants in developments where an exemption has been granted retain the right to understand which visitability features were exempted and why, since the rule requires the Department to act within defined limits. Tenants who believe an exemption was improperly granted or that accessibility features fall short of what the exemption required may consider contacting a tenant-rights organization or the Oregon Housing and Community Services Department for information about the applicable standards.
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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