The Publicly Supported Housing Preservation (PuSH) process is a result of HB 2002 (2017) and amended by HB 2002 (2019).
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 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for preservation of the participating property when the affordability restrictions will expire or the property will be withdrawn from Oregon’s inventory of publicly supported housing. The Owner’s 1st Notice is due no sooner than 36 months and no later than 30 months prior to when the affordability restrictions will expire and the Owner’s 2nd Notice is due no sooner than 30 months and no later than 24 months prior to when the property would be withdrawn from publicly supported housing.
The Owner’s 2nd Notice provides the “Opportunity to Offer to Purchase” of the property for qualified purchasers. 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.