ORS § 307.233 — Accelerated fee repayment; penalty for fraud in obtaining project grant; lien on project property; assignment to Department of Revenue for collection

# (1)

(a) A developer that received a project grant award under ORS 307.225 shall become liable for immediate payment of outstanding annual fee payments, if any, imposed under ORS 307.231 for the entire term of the fee if:

(A) The developer has not completed the eligible housing project within three years following the date on which the project grant moneys were distributed to the developer;

(B) The eligible housing project changes substantially from the project for which the developer’s application was approved such that the project would not have been eligible for the project grant; or

(C) The developer has not complied with a requirement specified in the project grant agreement.

(b) The sponsoring jurisdiction may, in its sole discretion, extend the date on which the eligible housing project must be completed.

# (2)

If the sponsoring jurisdiction discovers that a developer willfully made a false statement or misrepresentation or willfully failed to report a material fact to obtain a project grant with respect to an eligible housing project, the sponsoring jurisdiction may impose on the developer a penalty not to exceed 20 percent of the amount of the project grant so obtained, plus any applicable interest and fees associated with the costs of collection.

# (3)

Any amounts imposed under subsection (1) or (2) of this section shall be a lien on the eligible housing project property and the nonexempt property in the tax account.

# (4)

The sponsoring jurisdiction shall provide written notice of any amounts that become due under subsections (1) and (2) of this section to the county tax officers and the Housing and Community Services Department.

# (5)

(a) Any and all amounts required to be paid under this section shall be considered to be liquidated and delinquent, and the Housing and Community Services Department shall assign such amounts to the Department of Revenue for collection as provided in ORS 293.250.

(b) Amounts collected under this subsection shall be deposited, net of any collection charges, in the Housing Project Revolving Loan Fund established under ORS 307.237. [2024 c.110 §33; 2025 c.530 §20]

Note: See note under 307.213.