Becoming a PuSH Designee

OHCS is looking for partners who want to help preserve affordable housing across the state. Specifically, mission-aligned organizations with experience in multifamily rental housing to become potential designees under the Publicly Supported Housing – Contract Preservation (PuSH-CP) process. Full details are in the PuSH-CP Instruction Guide.

When a property with publicly supported affordability restrictions is nearing the end of its affordability period, state law requires the property owner to notify OHCS at least 30 months in advance of their intent to sell or not renew the affordability restrictions. In response, OHCS may pursue an opportunity to preserve the property by appointing a designee to make an offer to purchase.

Local government and housing authorities do not need to apply to be a designee – they are already considered qualified purchasers.

The role of a designee involves partnering with OHCS to acquire the property and maintain its affordability through long-term compliance. This includes:

• Coordinating a competitive and timely offer
• Conducting due diligence
• Securing financing
• Ensuring property continues to serve households with low incomes

Entities interested in becoming a PuSH designee should complete the PuSH Designee Interest Form to indicate their qualifications and readiness to participate in this preservation process. Once the form is submitted, OHCS will follow up with the next steps and provide more information about the PuSH-CP framework and designee responsibilities.

PuSH-CP Designee Prequalification Form

OHCS PuSH-CP Designee Responsibilities

If you are filling out the PuSH-CP Designee Prequalification Form, it will ask you to acknowledge designee responsibilities. Designee obligations include:

• Perform due diligence necessary to prepare an offer to purchase that property.
• Develop a Preservation Plan for the property.
• Make an offer to purchase that must be submitted to the owner of the property within 60 days of execution of the Designee Agreement. The offer/purchase and sale agreement (PSA) must include a 14-day Notice of the Designee’s intent to record a Right of First Refusal (ROFR).
• Record, at designee’s expense, a ROFR immediately after 30 days from the date of the offer. The ROFR applies to any third-party purchase offer considered by the owner from the date of filing until 36 months beyond the property’s affordability expiration date.
• Upon acquiring the property, enter into an agreement to preserve the property as affordable, as determined by OHCS.
• Match any third-party offer considered by the owner within 45 days of receiving notice of such offer.
  
• Notify OHCS in writing within five days of receiving notice of a third-party purchase offer, should the designee decline to match such offer.

Designees are entitled to receive, within 30-days of a request to the owner (ORS 456.814(5)), information from the owner of a PuSH-CP property for which the designee is appointed, including: