In 2021, the Oregon Legislature passed House Bill 2006, which was intended to respond to the current statewide housing crisis by requiring local governments to approve applications for emergency shelter regardless of state and local land use laws. Originally, House Bill 2006 was scheduled to sunset on July 1, 2022; however, House Bill 4051 extended the sunset date to July 1, 2023.

On June 25, 2023, the Oregon Legislature passed House Bill 3395, which repealed the expiration date of June 30, 2023 and made emergency shelter siting permanent. Additionally, HB 3395 set guidance that only requires local governments to approve emergency shelter siting applications if, at the time the application is filed, the most recent point-in-time count indicates that the total sheltered and unsheltered population [of Oregon] is more than or equal to 0.18 percent of the state population, based on the latest estimate from the PSU Population Research Center.

To qualify for emergency shelter siting, an organization must be:

• A local government
• An organization with at least two years of experience operating an emergency shelter using best practices AND is:
  • A housing authority
  • A religious corporation
  • A public benefit corporation whose charitable purpose includes the support of homeless individuals that is recognized as exempt from income tax under section 501(a) of the internal Revenue Code on or before January 1, 2018.

• A nonprofit corporation partnering with any of the above entities AND has been recognized as tax exempt under the Internal Revenue Code for at least 3 years before the date of application for a shelter.

  Additionally, to meet the criteria for emergency shelter siting, the property must:

• Include sleeping and restroom facilities
• Comply with applicable building codes
• Be located within an urban growth boundary or in a rural residential zone
• Not result in a new building that is sited within an area designated under a statewide land use planning goal relating to natural disasters and hazards
• Have adequate transportation access to commercial and medical services; and
• Not pose any unreasonable risk to public health and safety.

To apply for Emergency Shelter Siting, complete this application and email it to afraley@bendoregon.gov or bokeefe@bendoregon.gov.

City of Bend Emergency Shelter Siting Applications

The City of Bend has received the following applications for emergency shelters under HB 2006:

Resources:

House Bill 2006
House Bill 4051
House Bill 3395

In 2021, the Oregon Legislature passed House Bill 3261, which requires cities to unconditionally allow the conversion of motels and hotels to emergency shelter and affordable housing if the certain criteria are met, including the following:

• The property is not in an area designated for heavy industrial uses, or in an area designated under land use planning goals relating to natural disasters or hazards, unless the converted use will comply with regulations related to the disasters or hazards.

HB 3261 applies to all conversions or applications for conversion on or after January 1, 2021 and does not have a sunset date. 

In the Spring of 2022, Bend City Council adopted amendments to the Bend Comprehensive Plan and Bend Development Code to expand the types of shelter that can be developed in most zoning districts.

Amendments included the following:

• Updates to shelter-related definitions in Chapter 1.2 of the Bend Development Code.
• Updates to sections one, two, four, six, and seven of Title 2 and sections three and six of Title 3 of the Bend Development Code.
• Amendments to Chapter 5 and Chapter 6 of the Bend Comprehensive Plan.

Resources:

City Ordinance 2443
Bend Development Code
Bend Comprehensive Plan

On April 7, 2021, City Council adopted Safe Parking Programs into the municipal code. The Safe Parking Program creates additional opportunities for shelter by allowing businesses, non-profits, or religious or public entities to utilize their parking lots or other paved or gravel surfaces to provide space for those experiencing houselessness to safely camp.

More information about the Safe Parking program can be found in Chapter 4.10 of the Bend Municipal Code