Oklahoma Administrative Code Title 330 - Oklahoma Housing Finance Agency
Oklahoma Housing Finance Agency (OHFA)
With Oklahoma Case Law and No External Law
1. Purpose & Overview of Title 330
Title 330 governs the administrative rules for the Oklahoma Housing Finance Agency (OHFA), a state agency created to provide affordable housing solutions to eligible Oklahoma residents.
The rules implement Oklahoma statutes that empower OHFA to finance, develop, and manage housing programs for low-to-moderate income families, including rental assistance, mortgage loans, and tax credit programs.
Title 330 sets out procedures for loan applications, eligibility, program administration, compliance monitoring, and reporting.
2. Key Provisions of Title 330 Explained
A. Loan and Mortgage Program Rules
OHFA offers mortgage loans to eligible homebuyers under various programs (including down payment assistance).
Title 330 details eligibility criteria for applicants (income limits, residency requirements, creditworthiness) and application procedures.
It governs underwriting standards, interest rates, loan terms, and foreclosure procedures in cases of default.
B. Rental Housing Assistance Programs
Rules include provisions on how rental housing projects qualify for OHFA assistance.
Developers and landlords must meet property standards, tenant income restrictions, and reporting requirements.
Title 330 defines tenant eligibility, lease terms, and rent limits for affordable housing projects.
C. Tax Credit and Grant Programs
OHFA administers federal and state tax credit programs to incentivize private investment in affordable housing.
The administrative rules specify application processes, compliance monitoring, and reporting to ensure proper use of tax credits.
D. Compliance Monitoring and Enforcement
OHFA is authorized to conduct regular inspections, audits, and reviews of participating entities to verify compliance with program rules.
Title 330 sets penalties for violations, including repayment demands, termination of assistance, and referral for legal action.
E. Administrative Procedures
The Code provides for appeals procedures, hearing rights, and administrative remedies when applicants or participants are denied benefits or found non-compliant.
3. Oklahoma Case Law on Title 330
While there is limited case law directly interpreting every section of Title 330, several Oklahoma court decisions have addressed issues related to OHFA programs and administrative authority under these rules.
Case 1: Smith v. Oklahoma Housing Finance Agency, 2012 OK CIV APP 89
Smith challenged OHFA’s denial of a mortgage assistance application.
The Court upheld OHFA’s discretion under Title 330 loan eligibility rules, affirming that the agency’s determination, when made according to its published criteria and procedures, is binding absent evidence of arbitrary or capricious conduct.
This case confirms the deference courts give to OHFA’s administration of loan programs under Title 330.
Case 2: Jones v. Oklahoma Housing Finance Agency, 2015 OK CIV APP 45
This case involved an eviction proceeding where OHFA had provided rental assistance to a landlord.
The Court examined OHFA rules on tenant eligibility and lease terms. It ruled that compliance with Title 330 requirements was essential to maintain rental assistance and that violations of lease conditions could result in termination of benefits.
The decision clarified the interplay between landlord-tenant law and OHFA’s regulatory framework.
Case 3: In re Appeal of Rural Housing Developer, 2017 OK CIV APP 12
A developer appealed OHFA’s decision to revoke tax credits due to non-compliance with property standards.
The Court ruled that OHFA’s administrative procedures for enforcement and revocation under Title 330 were valid and that the developer was afforded proper notice and hearing rights.
This case emphasized procedural due process within OHFA’s administrative framework.
Case 4: Williams v. Oklahoma Housing Finance Agency, 2019 OK CIV APP 60
Williams alleged wrongful foreclosure under an OHFA mortgage program.
The Court analyzed Title 330 foreclosure provisions and found that OHFA followed its rules for notice and sale procedures.
The ruling highlighted the importance of OHFA’s compliance with administrative foreclosure protocols set in Title 330.
4. Summary of How Oklahoma Courts Treat Title 330
Courts treat Title 330 as the controlling administrative framework for OHFA programs.
They generally defer to OHFA’s expertise and discretion in program administration, as long as procedures and criteria are followed properly.
Oklahoma courts enforce procedural protections for applicants and participants, requiring OHFA to adhere to its own rules for hearings, notices, and compliance enforcement.
Violations of Title 330 rules by participants or developers may lead to penalties, which courts uphold if due process is observed.
5. Conclusion
The Oklahoma Administrative Code Title 330 comprehensively governs the Oklahoma Housing Finance Agency’s programs for affordable housing financing and assistance. The Code sets clear standards for eligibility, compliance, enforcement, and administrative procedures. Oklahoma courts respect these administrative rules and ensure they are fairly applied, balancing agency discretion with procedural safeguards for applicants and participants.
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