Publicly Supported Housing Contract Preservation (PuSH-CP)

Preserving existing affordable housing is an important supplement to new developments. Preservation prevents displacement, is generally cheaper than building new housing, and conforms to existing land-use patterns.

Publicly Supported Housing Contract Preservation ("PuSH-CP") is a multifamily rental housing preservation process with a clear regulatory framework. This program is specifically for preserving the contract that qualifies a property as publicly supported housing.

The Publicly Supported Housing Contract Preservation (PuSH-CP) process is a result of Oregon House Bills, including HB 2002 (2017) and subsequently amended by HB 2002 (2019), HB 2095 (2021), and HB 3042 (2023).

Properties subject to this process are multifamily rental housing developments with affordability restrictions. Restrictions can be from project-based rental assistance from HUD or RD, or from OHCS (tax credits, grants, loans). Local government can also apply to OHCS to include their local subsidy programs in the PuSH-CP process.

Owners must provide notices to local government (affecting the property) and OHCS (jointly known as “qualified purchasers”), regarding their intent for preservation of the participating property when the affordability restrictions will end, or the property will be withdrawn from Oregon’s inventory of publicly supported housing. The owner’s first notice is due no sooner than 36 months and no later than 30 months prior to when the affordability restrictions will end and the owner’s second notice is due no sooner than 30 months and no later than 24 months prior to when the property would be withdrawn from publicly supported housing.

During the PuSH-CP notice process, OHCS may consult with the local government for the purposes of determining the best pathway to preservation when the owner’s notice(s) show intent to withdraw the property from publicly supported housing upon expiration of the affordability restrictions. This consultation will determine which qualified purchaser (OHCS or local government) will pursue an opportunity to offer to purchase the property, with priority towards local government ownership. If it is determined that OHCS should pursue preservation, OHCS may assign a "designee" (non-profit and/or for-profit) to make an offer after entering into a written agreement with OHCS.

Owners are not required to accept any of the qualified purchaser initial offers, but are required to accept the first received subsequent matching offer from qualified purchasers under a right of first refusal process when the owner intends to sell to a third-party. The right of first refusal period begins upon an offer made by a qualified purchaser and extends 24-months beyond the anticipated withdrawal of the property from publicly supported housing.

The state’s inventory of affordable housing, known as "Oregon Affordable Housing Inventory (OAHI)", is a vital part of the preservation program for compliance monitoring purposes and informing the public of a property’s status of potential withdrawal from publicly supported housing based on expiration/termination dates.

PuSH-CP fact sheet

PuSH-CP Preservation Tracking (Updated 12/29/2023)

This PuSH-CP Portfolio “At Risk” list includes participating properties that are of the greatest concern to “qualified purchasers” (OHCS and local government), which may ultimately result in preservation through new government ownership as outlined by the PuSH regulations. The Owners of these properties are in the process of notifying qualified purchasers of their intent regarding preservation of the affordability of the property. These properties are either not yet subject to the applicable PuSH Owner notice requirements; or the Owner has expressed in writing that their intent is to not preserve the property upon withdrawal (expiration of the affordability restrictions).

For OHCS and RD, these are the properties that are not currently pursuing a plan for preservation, such as applying for new long-term affordability restrictions, negotiating with OHCS, HUD or RD regarding extension of existing affordability restrictions, pending offer/sale by a preservation entity or qualified purchaser, non-profit or local government Owner’s commitment to affordability after withdrawal, etc. For HUD, this data is tracking the HUD Contract renewal during the PuSH timeframe and Owners have either notified qualified purchasers of their intent to renew the HUD contact, or the PuSH-CP Notice is not yet due. The list is updated periodically as preservation status changes and annually to add more participating properties to the list as time goes by. For more detailed project information, review the Oregon Affordable Housing Inventory (OAHI) below.

Oregon Affordable Housing Inventory (OAHI)

Tenants in residency at OHCS restricted properties as of the termination date have safe harbor protection per House Bill 3042 (2023), Section 2:

(1) Beginning on the termination date and lasting for a period of three years, the owner or landlord of formerly publicly supported housing: (a) May not terminate the tenancy under ORS 90.427 (3)(b), (4)(b) or (5). (b) May not provide a rent increase notice more than once in any calendar year. (c) Shall comply with ORS 90.323 and with requirements adopted by the Housing and Community Services Department and applicable to affordable rental housing managed by the department that govern rent increases, including requirements related to rent increase limits, required notices or approval or review by the department.

(2) Subsection (1) of this section applies only to residential tenancy that: (a) Existed on the termination date; and (b) Do not include any tenants who receive tenant-based federal rent subsidy payments under the Housing Choice Voucher Program authorized by 42 U.S.C. 1437f.

(3) (a) The department may assess a civil penalty against an owner that does not comply with this section. The penalty may not exceed $5,000. In assessing a penalty under this section, the department shall take into consideration the good faith efforts of an owner or landlord to comply with this section. (b) The department shall deposit any moneys collected under this subsection into the Housing Finance Fund under ORS 456.720. (c) If a civil penalty assessed under this subsection is not paid on or before 90 days after the order assessing the civil penalty becomes final by operation of law, the department may file the order with the county clerk of the county where the property is located as a lien against the property. In addition to any other available remedy, recording the order in the County Clerk Lien Record has the effect provided for in ORS 205.125 and 205.126 and the order may be enforced as provided in ORS 205.125 and 205.126.

Oregon Revised Statutes