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FAQ: Housing Emergency Executive Orders

Background on the Governor's Executive Orders

On Jan. 9, 2024, Governor Kotek signed Executive Order (EO) 24-02 to maintain the added capacity to the state’s shelter system, rehouse people experiencing homelessness, and prevent homelessness to merge and extend EO 23-02 and EO 23-09. Preliminary data of outcomes for EO 23-02 indicated the fulfillment of all three goals of the initial order, with verified data expected in February 2024. Measurable outcomes for the new order will be developed in collaboration with local communities based on need and capacity and will be announced by the end of February.

The executive order is in alignment with OHCS' vision and goals. The agency is working closely with the Oregon Department of Emergency Management (ODEM) and Oregon Health Authority (OHA). We know the key to achieving positive outcomes for the people we serve requires strengthening coordination and collaboration with our local partners through the lens of humanity.

Governor Kotek also signed EO 24-03 to refresh the state’s Interagency Council on Homelessness and direct them to develop plans for the Governor’s consideration in response to the analysis done through EO 23-03, an order also signed last January that directed state agencies to prioritize reducing both sheltered and unsheltered homelessness in all areas of the state using their existing statutory authorities.

More information including new goals, frequently asked questions about the new orders, and verified outcomes of Oregon’s emergency Homelessness Response (EO 23-02) will be coming soon. You can sign up for news updates from OHCS on our website. You can also visit the Governor's website for important announcements.



Guidance

EO 23-02 Programs Eligible Expenses Guide (March 2024).pdf

EO 24-02 Frequently Asked Questions

Coming soon.

EO 23-02 Frequently Asked Questions

Updated Jan. 10, 2024

What is a state of emergency?
The Governor of Oregon can declare a state of emergency by proclamation at the request of a county governing body or after determining that an emergency has occurred or is imminent, as laid out in ORS 401.165.

On Jan. 10, 2023, Governor Tina Kotek declared a state of emergency (EO 23-02​) and signed two additional executive orders focused on state agencies (EO 23-03) and housing production (EO 23-04).

On March 31, 2023, Governor Kotek issued EO 23-09, which expanded the homelessness state of emergency declared in Executive Order 23-02 to include Clatsop, Linn and Malheur counties.

Where can I read the executive orders?​
View Executive Order No. 23-02 – Declaring state of emergency due to homelessness. 
View Executive Order No. 23-03 – Directing state agencies to prioritize reducing homelessness.
View Executive Order No. 23-04 – Establishing a statewide housing production goal and housing production advisory council.​View Executive Order No. 23-09 – Expanding homelessness state of emergency in EO 23-02 to include Clatsop, Linn and Malheur Counties​.​​

What is a state of emergency as it relates to homelessness?

The emergency declaration states, "There is a state of emergency in the emergency areas due to unsheltered homelessness. I declare this emergency for these areas because they have experienced an increase in unsheltered homelessness of 50% or greater since 2017."

What prompted the state of emergency?
According to the most recent Point-in-Time Count data, the impacted areas experienced an increase in unsheltered homelessness of 50% or greater since 2017.

When will it start, and how long will it last?
The declaration took effect on Jan. 10, 2023, and will remain in effect until Jan. 10, 2024, unless rescinded or renewed by the Governor. The Governor will evaluate the order every two months.

How will the state of emergency help reduce homelessness?

  • Prevent 8,750 households from becoming homeless statewide
  • Add 600 low-barrier shelter beds in emergency areas;
  • Rehouse at least 1,200 unsheltered households in emergency areas.

What areas of the state are included in the emergency order?
The geographic areas included in the emergency correspond with federally designated continuums of care. A Continuum of Care (CoC) is a regional or local planning body that coordinates housing and services funding for families and individuals experiencing homelessness. Please find a map of the continuums of care here.

  • Metro region Continuums of Care1
  • Central Oregon
  • Eugene, Springfield/Lane County
  • Medford, Ashland/Jackson County
  • Salem/Marion, Polk Counties
  • Clatsop, Linn, and Malheur Counties have been added

1 Portland, Gresham/Multnomah, Hillsboro, Beaverton/Washington County, and Clackamas County continuums of care.

My community wasn't included in the state of emergency, but we have a local homelessness crisis, too – can we be added to the designation?
County governing bodies were given the opportunity to submit requests to be included in the emergency declaration. The Governor reviewed and considered requests from Wasco, Clatsop, Linn, Lincoln, and Malheur Counties to determine whether they met the following requirements for inclusion:​

  1. The unsheltered population in 2022 must be greater than 30 households, and
  2. The community has declared a local state of emergency related to homelessness, and
  3. At least one of the following is true:
    1. Unsheltered homelessness increased by 50% or more between 2017-2022;
    2. The rate of unsheltered homelessness in 2022 was 80% or greater. 
Clatsop, Linn, and Malheur Counties received approval to be included in the state of emergency.

The Governor and Oregon Housing and Community Services (OHCS) are committed to partnering with local communities that want to be a part of the solution. Additional information regarding the state's homelessness services is available here:

How are Oregon Housing and Community Services (OHCS) and Oregon Department of Emergency Management (ODEM) working together?
OHCS and ODEM believe that with collaboration between local communities and the state, we can collectively respond to this emergency. This work demands a whole-community approach. Coordination and support of multiple state agencies are necessary to ensure a successful response to a crisis of this scale. Local governments, community-based organizations, culturally specific organizations, business communities, landlords, people with lived experience, and others are critical partners in ensuring cohesive and swift action.

OHCS and ODEM established an integrated structure and worked with local communities to develop plans that combine emergency management with best practices for housing our neighbors in need.

What is Oregon Housing and Community Services' role?

  • Establish and implement policies, and objectives with input and endorsement from local communities.
  • Administer funding via pass-through agreements but not provide direct services.
  • Organizationally structured to:
    • Create a team focused solely on this work, which will report to Housing Stabilization Director
    • Provide hands-on oversight of geographic regions to ensure state expectations, as outlined in agreements with local communities, are being met and local needs are known
    • Create accountability to outcomes, including data and program evaluation, to ensure progress toward goals
  • ​Elevate when local municipalities are not meeting policy and/or implementation expectations. ​

What is Oregon Department of Emergency Management's role?

  • Establish Multi-Agency Coordination (MAC) groups, locating local physical space in all identified communities, if necessary, to respond/scale up when required.
    • Meet in person within each community to set up an emergency operations center with each local community
    • Set daily and weekly objectives, in coordination with OHCS, to collaborate, support, and implement local plans to achieve the emergency order's outcomes using regional-driven strategies
    • Make necessary pivots in response/recovery to ensure outcome objectives are met
    • Augment local capacity by marshaling other resources as needed
  • In coordination with OHCS, participate in collaborative discussions with MAC groups to assess capacity deficits and collaborate to resolve unmet needs to the greatest extent possible. ​​
Does the emergency order give OHCS new tools to help address unsheltered homelessness?
A state of emergency is one important tool available to facilitate an urgent and strategic approach to responding to unsheltered homelessness. The emergency order also allows OHCS staff, at the direction of the Governor, to take the following actions:
  • Exercise all authority and discretion vested in the state agency by law to expand low-barrier shelter, rehouse people experiencing homelessness, and prevent homelessness.
  • Expedite agency processes. Prioritize and expedite any processes and procedures, including but not limited to rule-making processes, that may be used, consistent with each state agency's authority and other pertinent laws to reduce or prevent homelessness.
  • As consistent with each agency's authorities, prioritize the reduction and prevention of homelessness in their planning, budgets, investments, and policy-making decisions.
Procurement and legal sufficiency exemptions. For purposes of an emergency exemption from competitive procurement requirements, an emergency exists as that term is defined in ORS 279A.0I0(l)(f). For the purposes of an emergency exemption from legal sufficiency review requirements under ORS 291.047(5)(b) and OAR 137-045-0070, an emergency exists. Reliance on such exemptions to address the emergency shall be at the direction of the Governor or her delegee.

What is Oregon Health Authority’s role in this work?
Executive Order 23-03 directs all state agencies, including OHA, to prioritize ending homelessness and take all available action to prevent or end homelessness within their existing authority. Agencies also reported on their plans and progress by March 31, 2023. OHCS and OHA are hard at work planning to implement the 1115 waiver, which is a significant opportunity to provide additional federal funding for ending homelessness in Oregon. 
 
In addition to ODEM and OHCS, other agencies will support the implementation of EO 23-02 if needed. ODEM will ensure coordination with all necessary state agencies to respond to the needs identified in the community plans to the greatest extent possible.​

What is a Multi-Agency Coordination (MAC) Group?
A Multi-Agency Coordination (MAC) Group is a group for interagency management planning, coordination, and operational leadership to provide strategic coordination, identify resources, and manage goals.

The MAC group will lead in the development, completion, and deployment of the community plan. Local communities will work to identify interventions based on the needs of people experiencing unsheltered homelessness within the service region. The MAC groups will work continuously with OHCS and ODEM throughout the year to review data and amend plans as needed to ensure goals are met.

The local MAC group will include:

  • Local jurisdictions (homelessness and emergency management staff)
  • Public housing authority
  • Local homelessness agencies
  • Rapid rehousing service providers
  • Shelter developer/operator
  • Landlord associations
  • Behavioral Health providers

Will there be one MAC group for the entire state or one for each local area?
Each Continuum of Care region identified in EO 23-02 will establish its own MAC group, including the individual counties in tri-county metro region.

Will the Portland metro region have one MAC group, or will each CoC/emergency area within the metro area have its own?
There will be one MAC group for each county, which will report to the larger tri-county MAC group. The larger tri-county MAC group will include the leader(s) of each tri-county MAC group, the Metro regional governments housing director, and the Governor or her designee.

The establishment of a multiagency coordination (MAC) group in the tri-county Metro region will be led by the Governor or her designee (EO 23-02).

What is the community planning template that MAC groups will use, and what is its purpose?
This template guides communities through a short planning process to surface barriers to housing more people experiencing unsheltered homelessness, identify gaps in your local service array and target the state's investment toward the strategies that align most closely with your preexisting priorities. The community planning template is to streamline the state's funding process for homeless services under EO-23-02, balancing the urgency of the crisis with intentionality and care.

How will MAC groups communicate with each other to share knowledge?
ODEM and OHCS will regularly convene all MAC groups to discuss outcomes and problem-solve together.

How can elected officials work with the MAC groups?
It will take all levels of government working together to make the progress Oregonians are demanding. Local elected officials should receive regular updates from the staff in their jurisdiction who are participating in the MAC groups. It’s important to note that the technical experts participating in the MAC groups will be doing intense, detailed, on-the-ground work to connect individuals with specific services and housing opportunities during this emergency period. In the long term, communities across Oregon must establish ongoing structures and investments to maintain housing stability for Oregonians who were recently unsheltered, provide ongoing homelessness prevention support, maintain shelter operations, and create more permanent supportive housing. Elected leaders can be great partners in advocating for and advancing those long-term efforts. 

How will MAC groups work with Tribal Nations?
Preventing and ending homelessness means we also prevent and end Native homelessness. MAC groups may use the funding to support tribal programs in their geographic county region, and in the current iteration of the Governor’s plan, Tribal Nations will also get a separate allocation from the state.​

What is the breakdown of funds for this work?​

Funding Breakdown for EO 23-02 Early Investment 

When will the funding become available to jurisdictions?

EO timeline update_03202023 (7).jpg

EO23-02 Funding Timeline:

  • April 14 – Grant Agreements sent to grantees for signature.
  • April 21– Signed grant agreements and insurance and fiscal information (W9's etc.) returned to OHCS. *
  • April 28 – Funds will be available.​

* Funding availability is based on when signed agreements are returned.

Does each county need to declare an emergency to access the funds and participate in the effort?
If your county was declared under the State of Emergency, you are not required to declare an emergency.​

Is the Governor's early session funding package one-time or ongoing?  
The Governor's early investment package was a one-time request for resources. However, the Governor's Budget expands on these initial investments to provide ongoing resources to address the homelessness crisis statewide.

Is this additional funding or part of our already budgeted dollars? 
The Governor's early investment package included redirected and new resources. The expansion of those resources in her budget is additional funding.

Can the rapid rehousing funds be used to buy down rent in excess of housing vouchers issued by housing authorities?
Although rapid rehousing funds can be used to support voucher holders experiencing unsheltered homelessness, MACs should work with their local public housing authorities to ensure that pre-paid rent assistance which is an eligible use of the rapid rehousing funding does not constitute a duplication of benefits for voucher holders. 

Will funds be allowed to staff case management and resource navigation resources?
Yes, as long as this intervention allows the region to meet their stated goals by January 2024.​

How long can this money stretch into the future?
The Governor's funding package will achieve the following goals by Jan. 10, 2024:

  • Prevent 8,750 households from becoming homeless statewide;
  • Add 600 low-barrier shelter beds in emergency areas;
  • Rehouse at least 1,200 unsheltered households in emergency areas.

The Governor's budget expands upon these resources to continue making progress toward reducing unsheltered homelessness statewide during the entirety of the 23/25 biennium.

This collective effort will require ongoing, coordinated homelessness prevention and rapid rehousing investments, and the Governor reflects this need in her budget. Oregon needs short- and long-term solutions. The early session funding package is a strong starting point, and the Governor's recommended budget will sustain these efforts.

Has the funding allocation been determined, and what is the methodology? 
Funding will be determined through the community plans submitted by local MAC groups in each emergency area, which uses publicly available data to assess local needs and interventions. Community plans must be resubmitted to the state by March 31, 2023. Technical assistance by national experts is available to support local MAC groups in developing and submitting their plans. The state's goal is to be responsive to community plans, while ensuring the state meets the goals of the emergency order by Jan. 10, 2024.

Will funding cover administrative costs? Is there flexible funding?
Yes. Funding can cover reasonable administrative costs and flexible funding to support the capacity of culturally responsive organizations to support the delivery of interventions to meet the stated goals by the set date.

Will funding be available for operational costs of facilities, programs, and services, in addition to the setup that gets us to the measurable target goals for 2024?
Community funding needs and associated requests will be submitted through the Community Plan template.

Will any of the early session funding be available for housing construction?
The goals of the emergency order are to:
  • Prevent 8,750 households from becoming homeless statewide;
  • Add 600 low-barrier shelter beds in emergency areas;
  • Rehouse at least 1,200 unsheltered households in emergency areas.
Given that the stated goals must be achieved by Jan. 10, 2024, housing construction is not an allowable use of any funding associated with the emergency order. 

Can we use these resources to bring in temporary staff?
Yes, as long as this intervention allows the region to meet its stated goals by January 2024.

Can the state provide resources for training shelter staff (mental health first aid, trauma-informed care, etc.)?
Yes, please submit an OHCS Training and Technical Assistance request form.

Who makes the decision on spending money?
OHCS and ODEM established clear lines of decision-making, shared accountability, and ownership between the MAC groups in each region and the CoC or other entity that receives and operates the funding. 


If an agency were to rehouse a household and that household did not remain housed, would this still count towards the region’s overall rehousing goal?  
Yes, a household that is successfully rehoused but later becomes unho​used will still be counted towards the rehousing goal.   
 
​If a household were to be rehoused for a second time through the EO, would their second rehousing event be counted towards the region’s overall rehousing goal? 
Due to the Balance of State’s Rehousing period spanning over the 23-25 biennium, we acknowledge that there are households who may become housed and after a period, lose their housing and re-enter homelessness.

If a household no longer receives a rental subsidy and successfully exits the Rapid Rehousing project, then later falls back into homelessness before becoming housed a second time, the second rehousing will count towards the overall rehousing goal.

If a client is still engaged with the Rapid Rehousing program and is at risk of, or loses, housing while being enrolled in the program, it is recommended that attempts are made to locate another acceptable unit for the household to prevent any period of homelessness. If a household loses housing while still being enrolled in an EO Rapid Rehousing program, the relocation of the household into a new unit would not count as a second rehousing because the household did not fall back into homelessness. A household that is rehoused into a different housing placement and who did not enter back into homelessness should have one consistent enrollment in HMIS to maintain an accurate housing history. A household that relocated housing placements will not be counted as a second “rehoused” household because they were not homeless at the time of moving into the new housing placement. OHCS recognizes that despite best efforts, rehousing providers cannot prevent or mitigate every situation that could result in a household falling back into homelessness.

If attempts to locate another acceptable unit are unsuccessful, and the household enters a period of homelessness, they should be exited from the Rapid Rehousing program in HMIS with an exit destination that matches their new living situation. If a household becomes eligible for rehousing through the EO initiative again, a new enrollment into a Rapid Rehousing program with a new housing move-in date is required for the household to be counted a second time towards the overall rehousing goal.

Does OHCS have a template to be used by EO 23-02 regions for restrictive covenants?

When shelter facilities are acquired, converted, renovated, or rehabilitated, agencies must place a Declaration of Restrictive Covenants on the facility restricting use to provide housing and services as described in the agreement. OHCS requires this covenant, which must be filed by agencies in the real property records of each county where the facilities are located.

OHCS will not be providing regions with a restrictive covenant template. Rather, regions are required to align with the information in their agreement. Regions are encouraged to work with their attorneys to craft this language and ensure legal sufficiency. Please make special note of the Restrictive Use Periods per section five of the agreements. ​​


Can EO funds be used for transportation costs to reunite an individual/household with family or support networks that will provide them with housing?
 
Yes. OHCS acknowledges that some individuals and households may prefer housing placement within communities of support, rather than engaging with more traditional service provision. Client choice should be centered in these instances and paying for transportation costs (such as bus tickets for rehousing in another county or state) is an available street outreach tool, and an eligible use of EO street outreach funds. This is not an eligible cost under EO components other than street outreach.
 
While an allowable use of EO funds, these households would not be counted towards the community’s rehousing goal. Long-term success of reunification can be difficult to track, and supportive services may not be available, as are standard with traditional rehousing efforts. Reunification should be used as tool that is deployed as part of a comprehensive housing problem solving conversation that aligns with client choice, and not as a stand-alone program offering.

Can EO RRH funds be used to support an unsheltered individual moving to a neighboring county?​​​
If a client household prefers to be rehoused in a different geographic area, the RRH provider should use all options available to accommodate whenever possible. Unit selection in RRH should be centered around client choice. Centering client choice is an important element in successful housing placement and sustaining that housing.  
 
Equally important is that the supportive services that work concurrently with rehousing are available and accessible by the client. It is possible that a provider may have budgetary, staffing capacity, or other limitations that restrict adequate provision of services and may limit where the household may be rehoused.
 
If a household wants to be relocated to a location where the current provider cannot serve them, the provider must make reasonable effort to connect the household with another provider in the area where they are wanting to relocate.
 
HMIS Reporting when rehousing in a different geographical area:
  • For reporting purposes in HMIS, if rehousing an individual/household into a different county, follow your normal HMIS workflow.
  • Enter them into your PH – Rapid Re-Housing, Street Outreach, or Services Only program and select your CoC for client location.
  • Although the actual housing is not in your county, this unsheltered to housed person will count towards your CoC/MAC goal.
Is paying for renters insurance expenses an eligible use of Rapid Rehousing funds?
Yes, Rapid Rehousing funds can be used to cover renters insurance expenses as a landlord incentive. Coverage of renters insurance for a tenant housed through the EO is an effective tool to incentivize landlord engagement and recruitment. A successful rapid rehousing project has low, or no barriers to entry, and renters insurance coverage may encourage landlords to feel more secure when renting to a tenant who may otherwise face barriers based on rental history or other factors. ​

What is OHCS’s stance on Coordinated Entry with the Executive Order work?
OHCS is deferring to the local Continuums of Care (CoC) to determine if Coordinated Entry will be used for EO programs in the CoC’s geographic area. The OHCS EO programs do not require the use of Coordinated Entry, and they do not prohibit its use either. If you are unsure of your COC’s stance on Coordinated Entry for these funds, please reach out to your CoC for further clarification. We encourage CoCs to recognize that the EO funding is designed to address unsheltered homelessness in an extremely short period of time and is not subject to the same requirements that exist for HUD-funded programs. CoCs that opt to use Coordinated Entry for EO-funded projects must determine if the local Coordinated Entry process is capable of delivering assistance pursuant to EO goals and requirements and make appropriate adjustments to Coordinated Entry standards, as necessary. Please reach out if you would like to discuss this more. 

When entering homelessness from an institutional care facility (i.e. hospitals, jails, substance abuse or mental health treatment facilities, or other similar facility), are individuals or households eligible to be served through the EO rapid rehousing program?
Yes, so long as the individual or household was experiencing unsheltered homeless prior to entering an institutional care facility. In an effort to reduce barriers, there is no maximum time limit for days spent in institutional care that would cause ineligibility for EO rapid rehousing. This differs from HUD's definition of homelessness, which stipulates that time spent in an institution must not exceed 90 days in order to not constitute a break in homelessness. OHCS acknowledges the importance of recognizing where the point of entry may be for communities and is expanding our definition of eligibility for rapid rehousing as a result. ​

Can rehousing funds be used to incentivize developers to create units by paying for needed renovations?
Yes, utilization of funds for renovations is permitted use of rehousing funding, so long as the renovated units will be made available specifically for rehousing households who are eligible for rehousing under the terms of the program. It is required to obtain a written agreement with the property owner documenting the predetermined use of said units, including outlining the compliance with the housing-focused services provision within the Grant Agreement and how client referrals to those units will be administered by the homelessness response system and accepted by the property owner or their designee. 

A Restrictive Use Period for Facilities that are placed in service following rehabilitation or conversion is required. Please refer to the Rehabilitation and Conversion Minimum Period of Use standards designated for shelter facilities (section 5 of the grant agreement) for requirements. OHCS is applying the same requirements listed in that section of the Agreement for activities carried out that involve paying for renovations for unit access purposes. The CoC is responsible for exercising due diligence when negotiating with property owners and is advised to think critically about the following considerations: Will all units be at market rate? What, if any, barriers to entry are present? Does the property owner eliminate barriers for clients to not only obtain housing but stay housed (such as understanding that sobriety, compliance in treatment, or even criminal histories does not necessarily determine success in housing)? How long will these modified units be set aside for the purposes of rapid rehousing?
 
Before the use of any funds to rehabilitate or convert a facility to be located on leased property, CoCs must request prior written approval from OHCS. OHCS may approve or disapprove of such use of funds in its sole discretion, and any such approval may include modifications to the Restrictive Use Period as determined by OHCS in its sole discretion.​​​
 
Can rapid rehousing funds be used to acquire buildings for use as permanent housing?
No, acquiring buildings for use as permanent housing is not an eligible expense for rapid rehousing funds.
 
Acquisition of buildings that increase the shelter bed capacity is a permitted use of shelter funds, and this type of project would be eligible only under the shelter fund grant category. 

What types of shelters can be funded using emergency funds?
Congregate or non-congregate shelters must meet habitability requirements that include minimum safety, sanitation, and privacy standards as outlined in 24 CFR § 576.403, regardless of whether 24 CFR § 576.403 independently applies to such shelters apart from this Agreement. Shelters must be structurally sound. Tents and other structures without hardened surfaces that do not meet these minimum standards are unallowable. ​​Shelter units may be in the form of Non-Congregate Free-Standing Units if they provide the following amenities:
  • Heat​
  • Electricity
  • The ability to close and lock a door
  • Showers and restrooms onsite
  • Hard-surface walls and roofing 
  • Food preparation facilities available onsite or with an action plan to provide meals to shelter residents​
Are there sub-populations within the goal of 1200 people experiencing unsheltered homelessness that we must focus on?
Point-in-Time data, while imperfect, is a universal measuring tool that reveals trends in our data that must drive local interventions in order to effectively meet the needs of those we serve. Within this surge effort, it is incumbent on us all to remain in shared accountability to our commitment of centering racial justice. Faltering on this commitment means repeating mistakes of the past that we are seeking to rectify.​

How will we measure success?
As stated in the executive order, the success of this 12-month surge effort is defined by meeting the following goals:
  • Rapidly rehouse 1,200 households experiencing unsheltered homelessness in emergency areas;
  • Create 600 new shelter beds in emergency areas;
  • Prevent 8,750 households from becoming homeless statewide.
What’s the accountability, and how will the state be monitoring this work?
The people of Oregon deserve an efficient, accountable, and equitable state government. OHCS, ODEM, and the Governor are committed to tracking the work outcomes and ensuring the funding explicitly supports the local interventions identified within the community plan. OHCS will require frequent reports on the number of people being re-housed, the number of beds being created, and the number of people served with prevention resources. OHCS will also set clear expectations for providers to ensure the emergency funding is going toward services that align with the best available practices for ending homelessness.

Can the state work with HUD to get more vouchers?
An effective homeless response and prevention system requires coordination and partners across all levels of government. OHCS is actively working with HUD, among other key federal partners, to identify where Oregon needs resources to be layered.  

How can we plan for helping people experiencing homelessness who refuse low-barrier services?
Technical assistance by national experts is available now and throughout this process to support local MAC groups in addressing challenges like this. One strategy is doing community development within encampments to find creative solutions to meet people where they are. Creating leadership from the encampments can bring about change. Other strategies include street outreach, adding capacity for encampment strategies, peer supports, and encampment decommissioning – the number of people that become family and want to cohabitate. 

How do we access available state lands to support this work?
Oregon Department of Emergency Management is working with the Department of Administrative Services to identify suitable properties for potential investment under EO 23-02. Properties in natural hazard-prone areas will not be considered. 

Will shelter beds added after January 2022 be considered “new” since the funding allocation is based on the 2022 Point-In-Time count?
No.

Do individuals already in shelter who are permanently housed during the emergency operation count toward housing goals?
In order to determine if someone is eligible for rapid-rehousing services under the grant funds, CoCs are required to conduct an evaluation to determine their housing status at the time of initial engagement. When that initial engagement period occurs, it is able to be determined and created per local CoC policies. An individual in shelter who has a history of unsheltered homelessness may be served and counted toward rehousing goals if the local CoC creates a policy that describes when that initial engagement must take place. 

Will clients currently in shelter programs be eligible for the rapid rehousing strategies established by these funds?
OHCS is allowing each CoC to define CoC requirements and processes to determine when initial engagement occurs. This policy must be reasonable and carried out consistently to ensure the intent of the EO is carried out by focusing on those who have experienced unsheltered homelessness. We recognize that this will be different in each community. It will be up to your CoC to determine when the point of initial engagement occurs for the housing status determination. We recognize that this would usually occur for someone when they initially enroll in this program; however, we are allowing for CoCs to set policies that ensure that someone who entered services, like, for instance, staying in a shelter, and has a history of unsheltered homelessness would be able to be served under Category 6, Unsheltered Homelessness.
 
Moreover, we are allowing someone to receive other services, such as shelter stays, while they pursue housing placement under the Rehousing services portion of the grant. This needs to be done in a manner that is client-centered because we expect that the system is orienting toward a Housing Focused system, and that is outlined in the Grant Agreement in Exhibit A. In other words, a Grantee would not be able to require a shelter stay before receiving rehousing services – this is in direct opposition to a Housing Focused system and the principles that Executive Order 23-02 is working to proliferate. 

If a household was unsheltered homeless when they went into shelter, but the placement in the shelter was before the EO was put in place, can we serve them with the EO rapid rehousing program?
 
The CoC would need to determine and implement a policy that outlines the point of initial engagement and apply that policy consistently throughout the period of performance. The policy must be reasonable to ensure the intent of the EO 23-02 is carried out by focusing rehousing efforts on those that have experienced unsheltered homelessness. 

Does extending programs initiated after the January 2022 Point-In-Time count and operated using one-time federal dollars (ARPA) set to expire in the next biennium violate the “supplant” clause?
No, this does not violate “supplant” as long as the program would be ending “but for” these funds.

How is “homelessness prevention” defined? How do we effectively measure prevention and determine if that prevention of homelessness is sustained?
The homelessness prevention resources in the Governor’s early investment package (HB 5019[DO1] ) will be distributed through existing programs with program requirements related to the definition of prevention. ​

How is successful Rapid Rehousing for those experiencing unsheltered homelessness defined?
A successful rapid rehousing project has low or no barriers to entry, length of participation is short to medium, housing placements are high, rates of return to the homeless system are low, and employment and income gains are modest. Rapid rehousing is a permanent housing intervention that means an individual or family has a lease or sublease agreement in their own name. 

Do Conestoga Huts meet the emergency shelter requirements?
Conestoga Huts can be used as emergency shelters if they meet the habitability standards and other requirements for emergency shelter outlined in the OHCS agreement. The services that would be available in a traditional emergency shelter (housing navigation, supportive services, trash pickup, 24/7 security, etc.) must also be available to those staying in the Conestoga Huts. Use Conestoga Huts for emergency shelter must increase bed capacity for the local shelter system and be part of an overall housing-focused program.

Do RVs in good repair that meet the emergency shelter requirements qualify as emergency shelter?
RVs can be used as emergency shelters if they meet the habitability standards and other requirements for emergency shelter outlined in the OHCS agreement. The services that would be available in a traditional emergency shelter (housing navigation, supportive services, trash pick up, 24/7 security, etc.) must also be available to those staying in the emergency shelter RVs. Use of RVs as emergency shelter must increase bed capacity for the local shelter system and be part of an overall housing-focused program.

To qualify under this funding, RVs must be owned by the local jurisdiction or partner agency delivering services to people experiencing homelessness. RVs owned by the clients do not qualify as emergency shelters. Safe parking for RVs owned by the clients also does not meet the criteria for emergency shelter.

Do RVs in good repair, hooked up to sewer and water and on at least month-to-month leased or owned land qualify as permanent housing?
If the household is not seeking traditional permanent housing, and their housing preference is an RV, it can be counted as permanent housing. Permanent housing for an RV should include being in livable good condition, hooked up to sewer, water and electricity, and on at least a month-to-month leased or owned land. Please be sure to check on any local habitable structure codes, and safety and sanitation codes for RVs. The RV would need to comply with any local codes as well.

​Are prevailing wage rates (PWR) mandatory per EO funding agreements with OHCS? 
OHCS does not explicitly require PWR per our EO funding agreements. However, since the projects utilize public funds, they’re not specifically exempt from PWR, and agencies should consult with the Bureau of Labor and Industries (BOLI) for guidance. OHCS requires grantees and subgrantees to abide by all applicable laws, including those relating to PWR.

This link may be helpful in determining whether your project meets the requirements: oregon.gov/boli/employers/Pages/coverage-determinations.aspx​. Agencies may also reach out to PWREmail@boli.oregon.gov​ for additional assistance.

<<NEW 3/8/2024>> What is the maximum amount of rental assistance that can be provided to a household through HB 5019 rapid rehousing funds?
Per the 5019 agreements for both MAC and LPG grantees, rental assistance commitments, when utilized under rapid rehousing services, may be issued for a maximum of 24 months per household. However, when issued in an upfront payment to the landlord, payments may not exceed a 12-month period of time. Upfront rental assistance commitments may be used as a tool to encourage landlord participation but are not required. OHCS encourages grantees to utilize a progressive engagement* approach to determine the appropriate level and duration of rental assistance for each household rehoused through the program. 

*Progressive engagement is an approach to helping households end their homelessness as rapidly as possible, despite barriers, with individually tailored financial and support resources. Through progressive engagement, assistance may be provided to any household entering the homelessness system at a level needed by that household. In many cases, a household may need a small amount of assistance to stabilize, while others may need more resources and tailored assistance.

<<NEW 03/19/2024>> Can EO funds be used to develop a loss mitigation program?

Yes; however, EO funds must be expended by the end of the grant period as specified in agreements, and regions must coordinate programs with OHCS' Housing Choice Landlord Guarantee Program to ensure that there is no duplication of benefits. Please contact landlord.guarantee@hcs.oregon.gov for more information on coordinating to ensure no duplication of benefits.


What is the process for recipients seeking 21-23 budget revisions?

For 21-23 funding, budget revisions must be reported only if the recipient has moved funding allocations from one budget category to another. This information can be reported in the Expenditure Reporting Form, which is due no later than July 30, 2023, and once again at the end of the project by January 30, 2024. The form will ask for the budgeted amount for each category available, and recipients are required to report their budgeted totals, even if that is different from their original NOA from the 2021-2023 budget. Simply report on what your expenditures are and adapt the budget in the form to match what you are actually spending the funding on. 

What is the process for grantees seeking 23-25 budget revisions?
All budget changes for 23-25 funding require OHCS approval by submitting a BCR form. A Budget Change Request form is required when there is a shift in program delivery and/or the scope of work or funds are being adjusted. ​

​Please email the completed form to MGA.Fiscal@hcs.oregon.gov and cc EO2302.questions@HCS.oregon.gov.  Until the recipient receives official approval, they cannot move forward with the new scope. If there is a delay in getting this approval, please escalate to EO2302.questions@HCS.oregon.gov to ensure we prioritize the process within the other budget requests. 

Why was only $79.2 million made available?
The funding appropriated in House Bill 5019 is $85.2 million for Shelter and Rehousing efforts. HB 5019 requires that OHCS set aside $3 million for the Housing Choice Landlord Guarantee Program to ensure participants of the Rehousing goals can benefit from the Landlord Guarantee Program. OHCS also set aside an additional $3 million for a flexible funding pool to ensure that the overall goals of the emergency order are met. These two set-asides bring the total amount available to EO regions to $79.2 million.

How were funding decisions made?
The final funding recommendations for each community were made by a team of subject matter experts, many of whom have experience implementing and leading homeless services projects in Oregon and throughout the country. The review panel provided recommendations to leaders at OHCS and the Governor’s office for final review and endorsement. The final funding amounts are based on many factors, including the appropriation available for EO 23-02, funding requests, details laid out in the Community Plans, an assessment of readiness to achieve the goals, and a detailed funding formula that took unsheltered homelessness, poverty, and severe rent burden of low-income households into account. 

Who is receiving these funds?   
This program either funded the county or continuum of care lead in the regions identified in EO 23-02. 

How much funding will each region receive?
The final allocation amounts, along with the final requested amounts from each EO Region are shown in Table 1: 
EO RegionFinal Amounts
OR-500 - Eugene/Springfield/Lane County CoC$15,514,697
OR-501 - Portland/Gresham/Multnomah County CoC$15,488,728
OR-502 - Medford, Ashland/Jackson County CoC$8,802,686
OR-503 - Central Oregon CoC$14,724,56
OR-504 - Salem/Marion, Polk Counties CoC$11,260,01 
$11,260,01OR-506 - Hillsboro/Beaverton/Washington County CoC$7,994,011
OR-507 - Clackamas County CoC$5,415,294 

What goals must each region accomplish with these funds?
The final goals are shown in Table 2:
EO RegionFinal Rehousing GoalFinal Shelter Bed Goal
OR-500 - Eugene/Springfield/Lane County CoC247230
OR-501 - Portland/Gresham/Multnomah County CoC170
140
OR-502 - Medford, Ashland/Jackson County CoC13367
OR-503 - Central Oregon CoC186
111
OR-504 - Salem/Marion, Polk Counties CoC182
79
OR-506 - Hillsboro/Beaverton/Washington County CoC12161
OR-507 - Clackamas County CoC1700

How will this work be monitored?
OHCS has a variety of monitoring and reporting tools available to ensure the communities are on track and getting the support they need to meet the outcomes of the EO. The grant agreements with local communities require data collection and reporting. Data on outcomes and accomplishments will be delivered to OHCS and reported on a frequent basis through a public-facing dashboard to ensure OHCS can provide additional support if needed in a timely manner. Monitoring the implementation of the projects closely will ensure that the state is collectively accomplishing our goals.

How confident are you that each area/county will be able to reach their outcomes/goals?
MAC groups have worked hard with local and national experts over the last few months to develop well-thought-out plans. We are confident that with the right support, each community will be able to accomplish its objectives and serve those experiencing homelessness with dignity and care. We are also committed to providing Technical Assistance wherever needed, ensuring that support is provided to local communities as soon as possible, and building a working partnership to solve problems together. 

What happens to the funding that is not used? Will the counties/areas keep it or will it be recaptured?
OHCS expects all funding requested to be used to achieve the outcomes outlined in each agreement with local communities. However, OHCS may recapture funding that is not used or from communities that are unable to accomplish their goals to ensure we are collectively achieving the executive order’s objectives. If a community accomplishes its objectives before Jan. 10, 2024, they may request an extension through the end of the biennium to use any additional funding already allocated to them to go above and beyond the goals stated in their agreements with OHCS. However, any use of EO funding after Jan. 10, 2024, must be consistent with HB 5019 allowable costs and result in outcomes above the community’s final goals.

​How much funding is available to the Balance of State?

OHCS received $26.135 million through HB 5019 for funding the Balance of State during the 2023-2025 biennium. 

How will these funds help reduce homelessness?
This funding needs to accomplish two specific outcomes by June 30, 2025:
  • Create 100 shelter beds 
  • Rehouse 450 households, including through block leasing strategies to create more access to units

Who can apply for these funds?
OHCS distributed these funds to Multi-Agency Coordination (MAC) Groups or Local Planning Groups throughout all geographic regions of the Balance of State. This approach is very similar to the House Bill 4123 Pilot Communities created in 2022, which required communities to create coordinated local offices to respond to homelessness at the local level. Local government, Community Action Agencies, Community Based Organizations, and other service provider stakeholders must decide on the geographic boundaries of their Local Planning Group. Each Local Planning Group must complete a Community Plan/application template that includes goals for addressing unsheltered homelessness.

What is a Local Planning Group?
Local Planning Groups developed and submitted a local community plan that includes measurable shelter and/or rehousing goals to help create 100 shelter beds or rehouse 450 households by June 30, 2025. Local Planning Groups include representatives from:
  • Community Action Agencies
  • Culturally specific and responsive organizations
  • Cities and counties
  • Coordinated care organizations
  • Community mental health providers
  • Other critical partners​

What is the Housing Production Advisory Council and how do I learn more? 
There are 25 members on the Housing Production Advisory Council (HPAC) that bring a broad set of disciplines and represent Oregon’s diverse demographics and geography. This includes OHCS Director, Andrea Bell, as an agency member of the council. This council will direct and guide the state to reach the annual housing production goal of 36,000 additional housing units at all levels of affordability. You can learn more about HPAC on Governor Kotek’s website. ​