Engagement Summary
OHCS engaged internal teams and external stakeholders to design a program framework for HB 3589 to ensure alignment with legislative intent and stakeholder vision.
Contributors included but were not limited to:
- OHCS staff
- Oregon Department of Justice (DOJ) representatives
- Fair Housing Council of Oregon
- Corporation for Supportive Housing
- Disability Rights Oregon
- Older adult affordable housing developers
- Members of the Senior Housing Workgroup, including bill sponsor Representative Marsh and organizations like AARP, Leading Age, and Bridge Meadows
- Advocates from groups such as Community Vision and Portland State University’s Institute on Aging
Summary of key determinations and considerations:
- Resources for new development set as overall priority
- Support for aligning to age-based Fair Housing exemptions
- Critical importance of clarity and alignment across definitions, program requirements, and design standards
- Priority for supporting lower-income older adults with units that are affordable over maximizing the number of units/projects
- Accessibility standards needed to allow for aging in place at properties
- OHCS will establish a baseline whereby 20% of units should be fully accessible, and the remaining 80% of units adaptable with OHCS allowing for flexibility to these standards based on the needs of older adults.
Eligibility and Terms
To be eligible for OAHP, a project must meet the definition of an Older Adult Project and align with the other requirements set forth in the ORCA and project manual. Additionally, to receive funding, at least half of a project’s units must be restricted to incomes and rents at no more than 50% of the Area Median Income (AMI), with the remainder at or below 120% AMI.
To ensure tenants are able to age in place and that older adult tenants with disabilities are being served, OHCS proposes a flexible standard with the baseline establishing that all units that do not otherwise meet the Americans with Disability Act (ADA) requirements will meet the American National Standards Institute (ANSI) Type A building requirements (i.e., they can be easily adapted to be fully accessible). OHCS understands the need for flexibility and will establish a waiver process allowing for changes to all non-statutory design standards provided they are in alignment with older adult needs.
Requirements and Priorities
Serving older adults means adopting one of the following property restrictions:
- 62+ projects – Every resident must be at least 62 years old
- 55+ projects – At least 80% of the occupied units must have at least one resident who is 55 or older. To qualify as a 55+ projects, written policies and rules that state the property is intended for use by older adults aged 55+ must be in place. Most adult-only communities fall into the 55+ category. To qualify for the 55+ exemption under the Housing for Older Persons Act (HOPA), a community must meet the following requirements:
- Occupancy rule: At least 80% of the occupied units must have at least one resident aged 55 or older.
- Intent to operate as 55+: The project must have written policies and rules that clearly state it is intended for older adults.
- Verification: The ages of residents must be verified with reliable documentation (like a government-issued ID) at least once every two years to ensure that the project continually complies with the HOPA age requirements.
Design standards: OHCS will establish flexible baseline elevated design standards to ensure this population can age in place and that people with disabilities are served. Baseline standards include:
- 80% adaptable units (Type A); remaining 20% fully accessible units (ADA requirements)
- 5% (total units) hearing/visual impaired
- Baseline design standards are more robust than general ORCA standards to ensure projects are properly designed for older adults with disabilities and for them to age in place. OHCS expects all projects to consider additional elevated project design enhancements such as:
- Considerations for mobility and height for individuals who have limited use of their limbs, limited range of motion, or dexterity, or who use mobility supports
- Considerations for individuals who use support services
- Hearing and acoustic considerations for individuals who are hard of hearing and use hearing supports and devices, and/or who have auditory sensory sensitivities (in addition to the 5% accessibility standards)
- Vision considerations for those who are blind or who have low vision and/or who use visual supports and devices, in addition to the 5% accessibility standards
- Cognitive access considerations for individuals who process information differently, including wayfinding support for memory or orientation
- Health and wellness considerations for individuals who have chronic health conditions, allergies, and chemical sensitivities, are immunocompromised, and/or regularly use medical and/or therapeutic services
- Considerations for aging in place
- Considerations for fall prevention
Program Delivery
Resources are offered through ORCA on a first-come first-reviewed basis, following ORCA standards for submission and application remediation. If, after six months, no viable project has applied for resources, OHCS will revise the program design standards to broaden the pool of viable projects.
Resources to be invested as zero-interest loans for 30 years. All projects must submit information for evaluation under the Elderly and Disabled bond funds as a debt source. Debt must be taken if analysis demonstrates the ability to support debt.