Oregon Revised Statutes Chapter 307 § 307.558 — Termination of exemption for noncompliance; additional taxes

Termination of exemption for noncompliance; additional taxes. (1) This section applies if the county assessor determines that: (a) An eligible covenant holder whose land has been granted exemption under ORS 307.555 (2) has failed to take reasonable, timely measures to enforce, against the owner of the improvements that make the land eligible for the exemption: (A) The affordable housing covenant by which the land is burdened; or (B) Under the lease agreement between the eligible covenant holder and the owner of the improvements, the requirements of ORS 307.555; or (b) An owner-occupied condominium unit granted partial property tax exemption under ORS 307.555 (3) is used in a way that does not comply with the affordable housing covenant by which the unit is burdened or the requirements of ORS 307.555. (2)(a) A determination under subsection (1) of this section has the effect of: (A) In the case of land, immediately terminating the property tax exemption. (B) In the case of an owner-occupied condominium unit, immediately terminating the partial property tax exemption. (b) Upon termination of exemption: (A) The land or unit shall be assessed and taxed as other property similarly situated is assessed and taxed; and (B) Notwithstanding ORS 311.235, there shall be added to the general property tax roll for the property tax year next following the termination, to be collected and distributed in the same manner as other ad valorem property taxes: (i) With respect to the land, an amount equal to the amount of property taxes that would have been due on the land had it not been exempt from property taxes for each of the preceding consecutive property tax years during which it was exempt, not to exceed five years. (ii) With respect to the condominium unit, an amount equal to the difference between the property taxes assessed against the condominium unit and the property taxes that would otherwise have been assessed against the condominium unit had it not been granted partial exemption from property taxes for each of the preceding consecutive property tax years during which it was partially exempt, not to exceed five years. (3) Additional taxes collected under this section shall be deemed to have been imposed in the year to which the additional taxes relate. [2021 c.466 §2] Note: See note under 307.555. (Temporary provisions relating to exemption of property used in local home share program) Note: Sections 1 to 7, chapter 566, Oregon Laws 2019, provide: Sec. 1. As used in sections 1 to 5 of this 2019 Act: (1) “Adopting jurisdiction” means the governing body of a city or county that has adopted an ordinance or resolution pursuant to section 2 of this 2019 Act. (2) “Consumer Price Index for All Urban Consumers, West Region” means the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor. (3) “Eligible property” means a home that is used pursuant to a home share agreement facilitated by a home share program and, if the land is owned by the home share provider, the land upon which the home is situated. (4) “Family member” means an individual related, by blood, marriage, domestic partnership, adoption, fosterage or otherwise as specified below, to another individual in any of the following ways: (a) A spouse, former spouse, domestic partner or former domestic partner; (b) A parent or grandparent of any generation; (c) A child or grandchild of any generation; (d) An individual who acts or has acted in loco parentis; (e) An aunt, uncle, niece or nephew of any generation; or (f) A cousin of any degree. (5) “Home” means the principal place of residence of a home share provider. (6) “Home share agreement” means a rental agreement for living space entered into by a home share provider with one or more home share seekers in return for money or other property or services. (7) “Home share program” means a program for the purpose of addressing homelessness, due to any cause, by facilitating home share agreements, subject to all applicable federal, state and local laws and the rules of the home share program, that is operated by: (a) A nonprofit corporation organized under ORS chapter 65; (b) A corporation described in section 501(c)(3) of the Internal Revenue Code that is exempt from income taxation under section 501(a) of the Internal Revenue Code; (c) A housing authority as defined in ORS 456.005; or (d) An adopting jurisdiction. (8) “Home share provider” means an individual homeowner who rents or offers to rent space in the individual’s home to one or more home share seekers through a home share program. (9) “Home share seeker” means an individual who seeks or obtains housing in the home of a home share provider through a home share program. (10) “Qualified property” means eligible property for which an exemption application has been approved under section