Publicly Supported Housing Contract Preservation (PuSH-CP) Process

The Publicly Supported Housing- Contract Preservation (PuSH-CP) process is a state law that helps ensure affordable housing stays affordable. It applies to multifamily rental properties with affordability restrictions – such as those funded through HUD, USDA Rural Development, OHCS (like tax credits, loans, or grants), or even some local government subsidies.

This process was created by the Oregon Legislatures (HB 2002 and others) to preserve affordable housing. The legislation and process were designed to preserve affordability provisions affecting publicly supported housing through an opportunity to purchase by OHCS through a designee or local government (qualified purchasers).

Preservation safeguards the original public investments in these properties and extends the stream of government subsidy dollars for an additional 20 to 30 years. When affordable housing properties are preserved, residents can stay in their homes and communities. With market rents out of reach and long waitlists for most affordable housing properties, preservation is critical to keeping thousands of vulnerable Oregonians in their homes.

Full guidelines for this program are available in the PuSH-CP Instruction Guide.

The Publicly Supported Housing Contract Preservation (PuSH-CP) process is a result of Oregon House Bills, including HB 2002 (2017) and subsequently amended by HB 2002 (2019), HB 2095 (2021), and HB 3042 (2023).

Properties subject to this process are multifamily rental housing developments with affordability restrictions. Restrictions can be from project-based rental assistance from HUD or RD, or from OHCS (tax credits, grants, loans). Local government can also apply to OHCS to include their local subsidy programs in the PuSH-CP process.

Owners must provide notices to local government (affecting the property) and OHCS (jointly known as “qualified purchasers”), regarding their intent for preservation of the participating property when the affordability restrictions will end, or the property will be withdrawn from Oregon’s inventory of publicly supported housing. The owner’s first notice is due no sooner than 36 months and no later than 30 months prior to when the affordability restrictions will end and the owner’s second notice is due no sooner than 30 months and no later than 24 months prior to when the property would be withdrawn from publicly supported housing.

During the PuSH-CP notice process, OHCS may consult with the local government for the purposes of determining the best pathway to preservation when the owner’s notice(s) show intent to withdraw the property from publicly supported housing upon expiration of the affordability restrictions. This consultation will determine which qualified purchaser (OHCS or local government) will pursue an opportunity to offer to purchase the property, with priority towards local government ownership. If it is determined that OHCS should pursue preservation, OHCS may assign a "designee" (non-profit and/or for-profit) to make an offer after entering into a written agreement with OHCS.

Owners are not required to accept any of the qualified purchaser initial offers, but are required to accept the first received subsequent matching offer from qualified purchasers under a right of first refusal process when the owner intends to sell to a third-party. The right of first refusal period begins upon an offer made by a qualified purchaser and extends 24-months beyond the anticipated withdrawal of the property from publicly supported housing.

The state’s inventory of affordable housing, known as "Oregon Affordable Housing Inventory (OAHI)", is a vital part of the preservation program for compliance monitoring purposes and informing the public of a property’s status of potential withdrawal from publicly supported housing based on expiration/termination dates.

PuSH-CP fact sheet

If your property has affordability restrictions, and those restrictions are ending soon, you are required to follow the PuSH-CP process to notify OHCS, tenants (and applicants), and your local government about your plans.

You can access notice templates and more information on the PuSH-CP Process for Owners web page.

PuSH-CP Preservation Tracking (Updated 12/29/2023)

This PuSH-CP Portfolio “At Risk” list includes participating properties that are of the greatest concern to “qualified purchasers” (OHCS and local government), which may ultimately result in preservation through new government ownership as outlined by the PuSH regulations. The Owners of these properties are in the process of notifying qualified purchasers of their intent regarding preservation of the affordability of the property. These properties are either not yet subject to the applicable PuSH Owner notice requirements; or the Owner has expressed in writing that their intent is to not preserve the property upon withdrawal (expiration of the affordability restrictions).

For OHCS and RD, these are the properties that are not currently pursuing a plan for preservation, such as applying for new long-term affordability restrictions, negotiating with OHCS, HUD or RD regarding extension of existing affordability restrictions, pending offer/sale by a preservation entity or qualified purchaser, non-profit or local government Owner’s commitment to affordability after withdrawal, etc. For HUD, this data is tracking the HUD Contract renewal during the PuSH timeframe and Owners have either notified qualified purchasers of their intent to renew the HUD contact, or the PuSH-CP Notice is not yet due. The list is updated periodically as preservation status changes and annually to add more participating properties to the list as time goes by. For more detailed project information, review the Oregon Affordable Housing Inventory (OAHI) below.

Oregon Affordable Housing Inventory (OAHI)

Affordable Housing 10-Year Expiration Forecast

The Affordable Housing 10-Year Expiration Forecasts lists expiration dates of affordability restrictions coming up in the next ten years. It includes:

The number of affordable units at each property
The type and source of rental assistance provided (e.g., Section 8, LIHTC, etc.)
The income eligibility requirements for tenants
The status of preservation efforts, if any, to keep the property affordable

Oregon Affordable Housing Inventory (OAHI)

Preservation Dashboard 

The Preservation Dashboard is a tool to help OHCS and its partners better understand how we can preserve affordable rental homes throughout the state. This means making sure current rent cap or rent-assisted properties can continue to operate and provide homes to individuals and families who would not otherwise be able to afford a home in their area at market rate rents. 

Tenants in residency at OHCS restricted properties as of the termination date have safe harbor protection per House Bill 3042 (2023), Section 2:

(1) Beginning on the termination date and lasting for a period of three years, the owner or landlord of formerly publicly supported housing: (a) May not terminate the tenancy under ORS 90.427 (3)(b), (4)(b) or (5). (b) May not provide a rent increase notice more than once in any calendar year. (c) Shall comply with ORS 90.323 and with requirements adopted by the Housing and Community Services Department and applicable to affordable rental housing managed by the department that govern rent increases, including requirements related to rent increase limits, required notices or approval or review by the department.

(2) Subsection (1) of this section applies only to residential tenancy that: (a) Existed on the termination date; and (b) Do not include any tenants who receive tenant-based federal rent subsidy payments under the Housing Choice Voucher Program authorized by 42 U.S.C. 1437f.

(3) (a) The department may assess a civil penalty against an owner that does not comply with this section. The penalty may not exceed $5,000. In assessing a penalty under this section, the department shall take into consideration the good faith efforts of an owner or landlord to comply with this section. (b) The department shall deposit any moneys collected under this subsection into the Housing Finance Fund under ORS 456.720. (c) If a civil penalty assessed under this subsection is not paid on or before 90 days after the order assessing the civil penalty becomes final by operation of law, the department may file the order with the county clerk of the county where the property is located as a lien against the property. In addition to any other available remedy, recording the order in the County Clerk Lien Record has the effect provided for in ORS 205.125 and 205.126 and the order may be enforced as provided in ORS 205.125 and 205.126.

Development resources for preservation

It’s important to note, PuSH-CP is not a funding source but rather a process to help preserve access to affordable housing. The state has some funding resources that property owners can apply to through the Oregon Centralized Application process. This includes funding to rehabilitate properties, address operational funding gaps, renewing federal rent assistance contracts, and supporting the preservation of manufactured home communities as long-term affordable housing options. 

Learn more about development resources for preservation.

Becoming a PuSH-CP Designee

If you are interested in preserving affordable housing, consider becoming a designee with OHCS. Specifically, mission-aligned organizations with experience in multifamily rental housing are encouraged to become potential “designees” under the PuSH-CP process.

Learn more about how to become a PuSH-CP designee.

PuSH Seller’s Tax Credit

The PuSH Seller’s Tax Credit is a benefit for people selling affordable housing. If the seller sells the property to someone who agrees to keep the rents affordable for at least 30 years, the seller can receive this tax credit. This credit helps buyers negotiate with sellers, making it easier for them to win the bid against other buyers who might not keep the property affordable. 

Learn more about the PuSH Seller’s Tax Credit.

If you are a tenant of an affordable housing property and concerned about the affordability period of your property expiring, you have certain protections. You can find out the affordability expiration date by asking your property manager or owner. In addition, property owners are obligated to notify you before a property’s affordability restrictions expire.

When a property’s affordability expires, it enters a three-year Safe Harbor period. During this time, tenants are protected from no-cause evictions and rent increases are subject to OHCS rent increase policy and state law (OAR/ORS Chapter 90).

Oregon Revised Statutes