House Bill 2001 Frequently Asked Questions

The Oregon State Legislature passed House Bill (HB) 2001 during the 2019 regular session. The following summarizes the new law and outlines the anticipated changes for property within the City of Corvallis.

Q: How does HB 2001 affect the types of housing allowed in my community?
A: Cities with a population of 25,000 or more must allow duplexes on any lot zoned to allow single-family detached dwellings by June 30, 2022. Additional housing types (triplex, fourplex and cottage cluster) must be allowed in "areas" zone for residential use.

Q: What are middle housing types?
A: Middle housing types are defined as duplexes, triplexes, quadplexes, townhomes, and cottage clusters.

Q: What is a cottage cluster?
A: HB 2001 defines a cottage cluster as a grouping of 4 or more detached housing units around a courtyard with a footprint of less than 900 square feet per unit and a density of at least 4 units per acre. Corvallis already allows cottage clusters with more variety than required by the bill in the RS-5 and RS-6 zones.

Q: Why was HB 2001 created?
A: Oregon remains one of the fastest growing states in the country, but state and local growth management policies, as well as community opposition, have made it challenging to accommodate the state’s population growth through traditional methods. This has resulted in increasing housing affordability problems across the state. During a public hearing on the bill in the Oregon legislature, the bill’s chief sponsor, Representative Tina Kotek, noted, “This is about allowing for different opportunities in neighborhoods that are currently extremely limited." The principles underlying HB 2001 are generally in alignment with the national movement frequently referred to as “Yes in My Back Yard (YIMBY),” which calls for increasing housing of all types to alleviate shortages in markets throughout the country.

Q: Is middle housing allowed in low-density residential zones in Corvallis?
A: It depends. Corvallis currently has three low-density residential zone designations.

• RS-6 is Corvallis’s primary low-density zone and allows all the required middle housing types.
• RS-5 currently allows all the middle housing types except quadplexes.
• RS-3.5 currently allows no middle housing types. This residential zone is the most likely to require changes to comply with HB 2001.

Q: Does HB 2001 ban single family dwellings?
A: No. Single-family detached dwellings are still allowed in all of these residential zones. HB 2001 allows more building types to be constructed in low-density residential zones, but does not interfere with development of more single-family detached dwellings.

Q: What is an Accessory Dwelling Unit (ADU)?
A: Accessory Dwelling Units, commonly referred to as a “mother-in-law unit," are small secondary housing units constructed on the same property as an existing house. ADUs can be attached to the main dwelling unit or freestanding.

Q: How does HB 2001 affect Accessory Dwelling Units (ADUs)?
A: HB 2001 prevents local governments from requiring owner occupancy or parking for ADUs as of January 1, 2020. The Corvallis Land Development Code has been amended to comply with this requirement.

Q: Will the City’s infrastructure be able to accommodate this increased development?
A: Increasing density in residential neighborhoods puts stress on existing infrastructure, such as sewer, water and street capacities. Cities and developers are expected to fund, design, and install or upgrade infrastructure as necessary to accommodate the increased development from HB 2001. HB 2001 does not allow insufficient infrastructure to be the reason to deny development of middle housing.

Q: What if the City already has areas with insufficient infrastructure?
A: HB 2001 gives cities until June 30, 2021 to identify areas that are significantly deficient. Once identified, cities can seek an extension for those areas from the Oregon Department of Land Conservation and Development (DLCD). Any extension request must include the city’s plan to quickly remedy the infrastructure deficiency, and it is up to the DLCD to determine if that plan is adequate or not.

Q: Are historic districts impacted by HB 2001?
A: Yes. HB 2001 will apply in historic districts. Historic preservation regulations will also apply to properties in historic districts. State rule making may clarify how to implement HB 2001 in historic districts, as well as other areas that are subject to Goal 5 and other statewide planning goals. More information on the State's rule making process is here: https://www.oregon.gov/lcd/LAR/Pages/Housing.aspx

Q: Will HB 2001 result in demolition of existing houses?
A: The extent to which HB 2001 will result in demolitions is impacted by the amount of housing demand that can be satisfied in other areas that do not need demolition. Cities that do not find other areas and ways to satisfy new housing demand can create an economic environment that encourages teardown activity.

Corvallis has experienced teardown activity on a regular basis in recent years and is rated the most unaffordable city over 50,000 population in state rankings. If these economic conditions remain in effect on June 30, 2022, when HB 2001 goes into full effect, it would not be surprising to see increased housing demolition activity occurring in new areas across the city.

Q: What if the city chooses not to amend its ordinances to allow middle housing?
A: If a city does not adopt the standards in HB 2001 by the required dates, the city will be required to apply the state’s model code standards, rather than its own. Model code is currently being developed: https://www.oregon.gov/lcd/LAR/Pages/Housing.aspx

Q: Can the city, private individuals, or homeowners associations pass new regulations or rules to prevent middle housing in other ways?
A: No. HB 2001 prevents the restriction of middle housing through other means, including documents recorded against the property and other governing documents that occur after the effective date of the act. This means that homeowners associations and related groups can’t create new rules to prohibit middle housing after HB 2001 goes into effect.

Q: Where can I find the HB 2001 bill to read for myself?
A: HB 2001 can be found on the state legislature’s legislative information portal.

Q: How can I find out what zone my house is in?
A: Visit www.corvallisoregon.gov/planningmap to explore an interactive zoning map of the City of Corvallis.