What do property owners have to do?
You must send two official notices to OHCS, tenants (and applicants), and your local government when your affordability restrictions are nearing their end.
Notices to OHCS:
- First notice – must be sent no sooner than 36 months (3 years) and not later than 30 months (2.5 years) before the restrictions end.
- Second notice – Must be sent no sooner than 30 months (2.5 years) and no later than 24 months (2 years) before the restrictions end.
Use the
PuSH Notice Form to provide notice to OHCS.
Notices to tenants and notice templates
The notice to residents must be completed using the form prescribed by OHCS. We have provided resident notice templates below in English and other languages. OHCS is committed to ensuring that everyone has access to our information and programs. If you would like this information in a language other than English, please email
Language.Access@hcs.oregon.gov.
Notice templates to existing tenants:
Notice templates to prospective tenants and applicants:
If your property expires before July 1, 2028, there is a shorter notice timeline:
You must send official notices to OHCS, tenants, and your local government when your affordability restrictions are nearing their end. This notice must be sent no sooner than 24 (2 years) months and not later than 20 months before the restrictions end. If the owner fails to provide the required notices, the owner must:
- Extend your property’s affordability period until at least 20 months after you send all the required notices.
- Notify OHCS and each tenant that the end date has been extended.
What happens if you don’t provide notices?
If you miss the notice deadlines, you must:
- Extend your property’s affordability period until at least 30 months after you send all the required notices.
- Notify OHCS and each tenant that the end date has been extended.
Selling or exiting your affordable rental housing property? Here’s what you need to know.
If you plan to sell your property or end its affordability restrictions, OHCS will work with local government to explore options to preserve affordability. This includes identifying a qualified purchaser – like OHCS, the local government, or a designated partner (designee) – who may be interested in buying the property.
- You don’t have to sell to a qualified purchaser, but if you get a similar offer from someone else, the qualified purchaser has the right of first refusal (they can match that offer and you must accept it).
- A qualified purchaser can make an offer up to 30 months before the affordability restrictions end and can file a right of first refusal that extends up to 36 months after the contract ends.
If the seller sells the property to someone who agrees to keep rents affordable for at least 30 years, the seller can receive a PuSH Seller’s Tax Credit. This credit helps buyers negotiate with sellers, making it easier for them to win the bid against other buyers who might not keep the property affordable.
Learn more about
the PuSH Seller’s Tax Credit.
When can OHCS file a right of first refusal without making an offer?
OHCS can record its right of first refusal if:
- No other qualified purchaser has filed one within 60 days before your affordability contract ends,
- OHCS gives you a written notice 14 days in advance, and
- The filing is recorded before the affordability restrictions expire.
Safe harbor period
When a property’s affordability restrictions expire, the property enters a safe harbor period for three years. During these three years, current tenants are protected from:
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No-cause evictions: Landlords cannot evict tenants without a valid reason.
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Limited rent increase: Landlords can only raise rent once per calendar year. They must follow the OHCS Rent Policy and ORS 90.323.
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Follow OHCS rules: Landlords must comply with OHCS rent increase limits, notice requirements, and get approval or review from OHCS before raising rent.
Property owners are required to submit the Safe Harbor Monitoring report with their annual Certification of Continuing Program Compliance which is due at the end of February each year. You can access these reports through your Procorem account.
Questions? Email ARH Portfolio