(1) The Housing and Community Services Department is established.

(2) The department is supervised and controlled by a director who is responsible for the performance of the duties imposed upon the department. The Governor shall appoint the Director of the Housing and Community Services Department. The director shall hold office at the pleasure of the Governor. The person appointed as director must be a person who, by training and experience, is well qualified to perform the duties of the office.

(3) The director shall receive such salary as may be provided by law, or, if not so provided, as may be fixed by the Governor. In addition to the salary of the director, the director shall, subject to the limitations otherwise provided by law, be reimbursed for all expenses actually and necessarily incurred by the director in the performance of official duties.

(4) The director may establish department divisions including but not limited to divisions for administration, housing programs and community services programs.

(5) The department shall consider advice on housing and community service programs from:

(a) Persons who have experienced housing instability;

(b) Tribes;

(c) The Community Action Partnership of Oregon;

(d) Continuums of care, as defined in 24 C.F.R. part 578;

(e) Local governments;

(f) Nonprofit organizations;

(g) Homeless services providers;

(h) Culturally specific organizations;

(i) Housing providers;

(j) Veterans’ services organizations;

(k) Persons with disabilities and disability services or advocacy organizations; and

(L) Other entities identified by the department by rule.

(6) The director shall report regularly to the Oregon Housing Stability Council to keep the council informed on progress made by the department in carrying out the department’s responsibilities for housing programs.

(7) The department shall administer federal programs. Federal funds for housing stabilization must, to the extent consistent with federal law, be allocated statewide in a manner proportionate to a needs-based and geographically based formula.

(8) The department may adopt rules to carry out the programs that the department is charged with administering, including, but not limited to, rules regarding:

(a) Administration and enforcement.

(b) Criteria for the granting of benefits.

(c) The establishment of fees and charges.

(d) The identification of housing programs and community services programs.

(e) The distinguishing of housing programs from community services programs.

(9) When a statute authorizes or requires that the department or the director adopt rules or policies or administer programs, the director may, at any stage in the process, consult with or seek the approval of the council.

(10) The department shall establish by rule one or more threshold property purchase prices above which a housing loan proposed by the department requires council review and approval under ORS § 456.561. In establishing or modifying a threshold property purchase price under this subsection, the department shall consider any maximum acquisition cost set forth in the Internal Revenue Code or federal rules and regulations implementing the code.

(11) The department shall establish by rule one or more threshold amounts above which a housing grant or other housing funding award proposal requires council review and approval under ORS § 456.561. [1991 c.739 § 2 (enacted in lieu of 456.553); 1995 c.79 § 245; 2005 c.74 § 3; 2007 c.607 § 12; 2009 c.61 § 1; 2009 c.64 § 2; 2015 c.180 § 6; 2021 c.448 § 2; 2023 c.193 § 3; 2023 c.540 § 4]