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Oregon Housing and Community Services

MIRL Stakeholder Responsibilities

Explore the key responsibilities and tasks of each stakeholder in the Moderate-Income Revolving Loan (MIRL) Program including:

  • Sponsoring jurisdictions
  • County tax officer
  • Project Applicants/ Developers

These checklists summarize the tasks and responsibilities MIRL stakeholders fulfill to support facilitation of development projects funded by MIRL. Please note that these lists are not exhaustive. Consult the MIRL program manual and relevant guidelines for detailed information about each item below. If anything in this checklist conflicts with applicable statutes, rules, or the program manual, those sources take precedence. Additionally, there may be further requirements based on the specific implementation of the local MIRL program.

Role of Sponsoring Jurisdictions (SJ)

Overall responsibilities:

  • Implement MIRL program
  • Administer MIRL program
  • Ensure project(s) comply with MIRL program requirements

Tasks:

  • Determine the need for, and aims of, the local MIRL program in your jurisdiction
  • Coordinate with county tax officer (assessor, tax collector, and/or treasurer) to perform tax-related functions for your MIRL program
  • Document consultation with other municipalities within your jurisdiction about your intention to implement a local MIRL program
  • Define how you will administer the main aspects of your MIRL program, including but not limited to:
    • Project application and evaluation process
    • Monitoring
    • Compliance
    • Additional program requirements and specifications
  • Adopt MIRL program
    • Draft a compliance plan
    • Draft, execute, and send the Originating Ordinance/Resolution (including compliance plan) to Oregon Housing and Community Services (OHCS)
    • Submit Initiate Master Agreement form to OHCS
    • Enter into Intergovernmental Master Agreement with OHCS (If the sponsoring jurisdiction is a city, the county enters into a County Intergovernmental Agreement with OHCS
    • Access the SJ Procorem WorkCenter to start using program materials and templates provided by OHCS.
  • Open local MIRL program for project applications
  • Process MIRL project applications within 90 days of submission
    • Provide notice of determination to project applicants indicating whether the application is provisionally approved, approved on different terms, or rejected
    • Collaborate with project applicants throughout your application period
    • If applicable, determine alternative funding source(s)
    • Prepare submittal for the Intergovernmental Agency Loan Request
    • Submit Intent to Apply form to request the agency loan from OHCS
  • Collaborate with OHCS through the Intergovernmental Agency Loan Request review process
    • Coordinate with county tax officer to determine future property taxes for the eligible housing project which will determine the project funding amount
    • Submit all documentation using the SJ Procorem WorkCenter
    • Facilitate requests from OHCS through Intergovernmental Agency Loan Request review
  • Communicate with project applicant about OHCS’ funding determination
    • Confirm project applicant’s continued interest in MIRL project funding
  • Enter into Intergovernmental Agency Loan Agreement with OHCS
  • Draft and execute Project Funding Agreement with project applicant
    • Attach applicable OHCS-provided rider to Project Funding Agreement
    • Provide copy of executed Intergovernmental Agency Loan Agreement to OHCS and county tax officer
    • Within three (3) days after execution, record the Project Funding Agreement (including rider) in real property records for the county and provide evidence of recording to OHCS
  • Draft and execute Project-Specific Ordinance or Resolution, if appliable
    • Provide copy to OHCS and county tax officer
  • Submit ACH and W-9 documents to OHCS
  • Submit request to draw funds from OHCS through Procorem which initiates fund disbursement
  • Notify county tax officer about project fund usage
    • Provide any other necessary documents to the county tax officer
    • Request tax exemption and county tax officer report, if appliable
  • Disburse MIRL project funding allocation to project applicant and, if stipulated by the Intergovernmental Agency Loan, distribute the administrative cost allocation (1% to county tax officer and retain 5% for jurisdiction)
  • Report any project changes or updates to OHCS
  • Collect annual developer reports
  • Prepare and submit annual sponsoring jurisdiction reports to OHCS, in the SJ Procorem WorkCenter
  • Notify county tax officer of completed project construction or conversion to initiate tax exemption and program fee payment process, if appliable.
  • Notify OHCS and county tax officer of completed project construction or conversion and occupancy
  • If you choose the tax exemption repayment option to sponsor the project and repay the loan:
    • Program fee collection will begin within the first property tax year in which the completed eligible housing project is reflected in the property tax assessment roll.
  • If you choose the alternative funding source repayment option to sponsor the project:
    • Repayment of the Intergovernmental Agency Loan will commence typically within one year after completing the eligible housing project, unless specified otherwise in the Intergovernmental Agency Loan Agreement between you and OHCS
  • Maintain program and project compliance and manage noncompliance
  • Collaborate with county tax officer and OHCS in the collections process in the event of delinquency or default and ensure repayment of Intergovernmental Agency Loan

Role of County Tax Officers

Overall responsibilities:

  • Assist the SJ in determining the tax increment differential and maximum project funding amount which inform the project funding awarded for MIRL eligible housing projects.
  • Record MIRL eligible housing projects in local property records and provide required notices to OHCS and the SJ
  • Under the tax exemption repayment option:
    • Process tax exemption and collect annual program fee
    • Distribute appropriate amounts of program fee to fire district (if applicable) and OHCS

Tasks:

  • Collaborate with the sponsoring jurisdiction intending to implement a local MIRL program
    • Set up or modify processes that will enable you to perform tasks related to the SJ’s MIRL program.
  • Upon request by the SJ, calculate the appropriate property tax amounts for a project application in accordance with Oregon Revised Statute (ORS) 307.213-307.237
  • Once the SJ provides a copy of the Project Funding Agreement and the Project-Specific Ordinance or Resolution (if appliable):
  • Under the tax exemption repayment option:
    • Exempt the eligible housing project property from ad valorem property taxation in accordance with ORS 307.213-307.237
    • Assess and tax the nonexempt property as other similar property is assessed and taxed
  • Stay informed about the status of MIRL projects by receiving updates from the SJ
  • Under the tax exemption repayment option:
    • Program fee amount on the assessment and tax rolls of the county and include it in tax statement of each tax account that includes exempt eligible housing project property
    • Collect annual property taxes (on nonexempt property) and program fees (on eligible housing project property).
    • Distribute the appropriate amount out of program fee, if any, that is due to the fire district
    • Remit the net program fee to repay OHCS for the MIRL agency loan
    • Inform SJ and OHCS if payment of property taxes (on nonexempt property) or program fee (on eligible housing project property) is delinquent
    • Assist in collections process in event of developer or fee payer default for any reason, including but not limited to delinquent payment of property taxes or program fees.
    • Disqualify the eligible housing project property from tax exemption in accordance with ORS 307.213-307.237.

Role of Project Applicants (Developers)

Overall responsibilities:

  • Propose and develop eligible housing project for MIRL funding
  • Pay program fee or other determined repayment, if applicable
  • Meet the expectations and requirements set forth in the Project Funding Agreement

Tasks:

  • Confirm project eligibility for MIRL funding
  • Connect with the SJ and begin their project application process
    • Prepare all project application materials
    • Submit project application
    • Provide any additional materials requested by the SJ
  • Upon receiving SJ provisional approval of your application:
    • Affirm your interest in pursuing MIRL project funding
    • Assist SJ with assembling materials for the Intergovernmental Agency Loan Request to OHCS
  • Provide updates and additional materials as requested during OHCS review of the Intergovernmental Agency Loan Request
  • Affirm your continued interest in pursuing MIRL funding upon OHCS full or partial funding approval
  • Enter into Project Funding Agreement with the SJ
  • Receive project funding through a grant or a loan and use funds toward eligible expenses as stated in your approved application
  • Develop the project
  • Notify SJ of all significant project updates and changes
  • Notify SJ of completed project construction or conversion
  • Provide annual reports to SJ
  • Under whichever repayment option the SJ chooses, while you own the property you will either pay the program fee through property tax collection until the MIRL Intergovernmental Agency Loan is completely repaid or repay the loan issued to you by the SJ.
  • Maintain project compliance as outlined in your compliance narrative and as required by the Project Funding Agreement