There are a limited number of circumstances in which the home energy score policy does not apply. These exemptions are listed below. Note that if a sale is transacted without ever going on the market publicly, the home energy score requirement is not triggered.
- A foreclosure sale.
- A trustee’s sale.
- A deed-in-lieu of foreclosure sale.
- Pre-foreclosure sale in which seller has reached an agreement with the mortgage holder to sell the property for an amount less than the amount owed on the mortgage.
- The property qualifies for sale at public auction or acquisition by a public agency due to arrears for property taxes.
- A court appointed receiver is in control of the asset due to financial distress.
- The senior mortgage is subject to a notice of default.
- The covered building has been approved for participation in Oregon Property Tax Deferral for Disabled and Senior Citizens.
- Equivalent program as determined by the Director.
Low-income sellers may be exempt from compliance with the home energy score policy. Sellers may qualify for an exemption if any one of the following apply:
- Demonstrated household income is at or below 60 percent of median household income for the Portland-Vancouver-Hillsboro, OR-WA Metropolitan Statistical Area.
- Low income seller is approved for participation in Oregon Low-Income Home Energy Assistance Program.
- Low income seller is approved for participation in Free and Reduced Price Meals through Oregon Department of Education.
- The responsible party is otherwise unable to meet the obligations as determined by the Director.
As the implementation date for the policy gets closer, BPS will post further information here about the steps for obtaining an exemption. BPS intends to make this a quick and easy notification process that will not delay homes from being listed on the market.
Waiver for New Construction
While there are no exemptions proposed for newly-constructed homes, home builders that are currently using Energy Performance Score (EPS) or Home Energy Rating Systems (HERS) will be allowed to continue using them. The City waives temporarily the requirement to use only State-compliant software and scoring products. The exact length of time for the waiver to stay in effect will be determined during administrative rule making in 2017.