Or. Rev. Stat. § 197A.805
Office responses to violations of housing laws
197A.805 Office responses to violations of housing laws. (1) The Housing Accountability and Production Office shall establish a form or format through which the office receives allegations of local governments’ violations of housing laws that impact housing production. For complaints that relate to a specific development project, the office may receive complaints only from the project applicant. For complaints not related to a specific development project, the office may receive complaints from any person within the local government’s jurisdiction or the Department of Land Conservation and Development or the Department of Consumer and Business Services.
(2)(a) Except as provided in paragraph (c) of this subsection, the office shall investigate suspected violations of housing laws or violations credibly alleged under subsection (1) of this section.
(b) The office shall develop consistent procedures to evaluate and determine the credibility of alleged violations of housing laws.
(c) If a complainant has filed a notice of appeal with the Land Use Board of Appeals or has initiated private litigation regarding any aspect of the application decision that was alleged to have been the subject of the housing law violation, the office may not further participate in the specific complaint or its appeal, except for:
(A) Providing agency briefs, including briefs under ORS 197.830 (8), to the board or the court;
(B) Providing technical assistance to the local government unrelated to the resolution of the specific complaint; or
(C) Mediation at the request of the local government and complainant, including mediation under ORS 197.860.
(3)(a) If the office has a reasonable basis to conclude that a violation was or is being committed, the office shall deliver written warning notice to the local government specifying the violation and any authority under this section that the office intends to invoke if the violation continues or is not remedied. The notice must include an invitation to address or remedy the suspected violation through mediation, the execution of a compliance agreement to voluntarily remedy the situation, the adoption of suitable model codes developed by the office under ORS 197A.800 (3)(b) or other remedies suitable to the specific violation.
(b) The office shall prioritize technical assistance funding to local governments that agree to comply with housing laws under this subsection.
(c) A determination by the office is not a legislative, judicial or quasi-judicial decision.
(4) No earlier than 60 days after a warning notice is delivered under subsection (3) of this section, the office may:
(a) Initiate a request for an enforcement order of the Land Conservation and Development Commission by delivering a notice of request under ORS 197A.810 (3).
(b) Seek a court order against a local government as described under ORS 455.160 (3) without being adversely affected or serving the demand as described in ORS 455.160 (2).
(c) Notwithstanding ORS 197.090 (2)(b) to (e), participate in and seek review of a matter under ORS 197.090 (2)(a) that pertains to housing laws without the notice or consent of the commission. No less than once every two years, the office shall report to the commission on the matters in which the office participated under this paragraph.
(d) Except regarding matters under the exclusive jurisdiction of the Land Use Board of Appeals, apply to a circuit court for an order compelling compliance with any housing law. If the court finds that the defendant is not complying with a housing law, the court may grant an injunction requiring compliance.
(5) The office may not, in the name of the office, exercise the authority of the Department of Land Conservation and Development under ORS 197A.130.
(6) The office shall send notice to each complainant under subsection (1) of this section at the time that the office:
(a) Takes any action under subsection (3) or (4) of this section; or
(b) Has determined that it will not take further actions or make further investigations.
(7) The actions authorized of the office under this section are in addition to and may be exercised in conjunction with any other investigative or enforcement authority that may be exercised by the Department of Land Conservation and Development, the Land Conservation and Development Commission or the Department of Consumer and Business Services.
(8) Nothing in this section:
(a) Amends the jurisdiction of the Land Use Board of Appeals or of a circuit court;
(b) Creates a new cause of action; or
(c) Tolls or extends:
(A) The statute of limitations for any claim; or
(B) The deadline for any appeal or other action. [2024 c.110 §2]
Note: See first note under 197A.800.