CHITIMACHA TRIBE OF LOUISIANA BY ie . (2021)

APPROVED

AUG 05 2021

CHITIMACHA TRIBE OF LOUISIANA BY ie .

RIVERCANE SENIOR CENTER

OCCUPANCY & PROGRAM POLICIES

APPROVED BY THE CHITIMACHA TRIBAL COUNCIL ON:

JANUARY 13, 2011

REVISED:

September 14, 2011

February 08, 2012

May 22, 2014

March 05, 2015

June 21, 2018

August 05, 2021

RIVERCANE CENTER

OCCUPANCY & PROGRAM POLICIES

TABLE OF CONTENTS

SECTION TOPIC PAGE

Record of Changes ........ccsccssscssssssssssessssssssssesesesessessssseneseanenesssasensesnsessssseneees Page i

Mission Statement of the Tribal Council & RiverCane .........ccceeeees Page 1

Tntroduction......cccccscesesessseesesssesscessssssesesesesesessesecessenenseseneeseeansessseceenseasees

Policy Definitions

Part I Occupancy Criteria

HOBO EH OOM Pp yw Pp

Eligibility ....cc.sscscsssssscssssecssssseesssssseessssseeesssssssccessnsceessneceenescessnnesssusessnsesssseseessnesss Page 4

Admission Process and Rental Criteria.......ccsscsssseeeseeseseeenecereetensenereensees Page 5

Basic Services (For Occupants and/or Program Members)

Living Accomodations

Utilities (Occupants)

Maintenance (Occupants)....ccccsssserecseeseesseseeteseesenensesecssssesnsssesscseneeseneesenenents Page 8

COMO Facilities scsccacessecswissaroassacnmanneercessepisssaveresres eer orarieresedevvivenrenes Page 9

Transportation (Tribal)

Emergency Response System (Occupants)....cssseeeeeeesserssseesssensseereasenees Page 10

Fitness/Recreation ACtivities ......:.cccscecssssssscssssssssssesesecsesseesseseesereeteesesesseseessenes Page 10

Other Services....c.c.cssscssessssesesssessssssssssssssssssssesesesssesssesssseasaensasesesssssessneserenes Page 10

Occupancy Discharge/Termination/In-House Moves

Discharge....c.sessssssssssssssessssssesssessesessesesessenensensnsssseenssssessscessseesssseseenenesensenensees Page 11

Eviction Terms & Conditions for Policy Violations... Page 11

Couples .....sscssssssecsessssesssssssssssseesesesessssnssessssseenecnenccneasenessensevenseeesseneneaeeeassees

In-House MOVES.....cccsccsscsseeccescesscsessecsssssessssseeesseseseceseseseeseenseeneenseeessasonseees

Effect of Voluntary Termination

Payments

Rent Rate Structure...c..cccccssescssssssssssssssesesenesesesseseneesenessenenessenessssssasseseeesaenees Page 13

Waiting List 0... ccesessssessssessessssessessessssesnseesssneesneesseensasensssessesensensnsanensseenees Page 13

mom hoo

oo

B

<

vaAw>

Part VI

Part VII

Part VIII

Part IX

ZErnrt toms opaw >

Adjustments to Fee@s...c.sssssssssscsssseessseesssesseeeensensesnenesesesesesssnsnsvsssassseeevenensssenees Page 16

Action to be Taken for Nonpayment ......csscccsssseeseesesessesenetseeeteresseneseeeressoeeneees Page 16

Legal Action

Late Charges

Grievance Procedure/Dispute Resolution

Informal Resolution of Disputes .........ccscscessesereeeeseteenerneneseeeeeeesssssacsessesseneenes

Grievance Hearing ..........ssccsscecssssssssssssssssvsesevssssenessssssesesenseneneneasecsessensesenenes

Escrow Deposits of Rent or Monthly Payments..

Limitation on GrieVances..........sscsssssscssscesessssesscssossesensonssssesessessssnssssnesneese

Records

Rules for Occupancy

Rules for OCCUpAaNCy.....s.sesesesesessesssssssrseneseseeeeesesessesesssenenensacsenseseasenesesesenseeees Page 19

Occupancy Rights

Occupancy Rights... cssessssssssssssssseesesssseeeseeseeeetenenseeersnenesssssnssssacaseeneneaees Page 21

Appendices

Occupant Application Form (Revised: 06/21/2018)

Temporary Residential License Agreement (Revised: 08/05/2021)

Occupant Assessment (Physician/Senior Director)

Pet Authorization Form (Added: 05/22/2014)

Acknowledgement of Receipt of Policies (Added: 05/22/2014)

Acknowledgement of Receipt of Keys (Added: 05/22/2014)

Medical Information Form (Optional) (Added: 05/22/2014)

Pet Policy — RiverCane Residential Center (Revised: 06/21/2018)

Inspection Form (Added: 05/22/2014)

Testimony of Long-term Relationship (Added: 06/21/2018)

Service Order/Work Request Form (Added: 06/21/2018)

RiverCane Drug and Alcohol Policy — Occupants (Revised: 08/05/2021)

Surveillance Policy (Added: 06/21/2018)

Surveillance Complaint Form (Added: 06/21/2018)

RIVERCANE SENIOR CENTER

OCCUPANCY PROGRAM POLICIES

RECORD OF CHANGES

Approved

< Subsection(s) if} Page er by Tribal

Title: H

Section Title: any: Number: Description of Change Council on

Date:

RiverCane Senior Center Occupancy

& Program Policies Approved 1/13/2011

Table of |Changed Title from "Lease Agreement" to Temporary

Addendums Part Nine Contents |License Agreement" 9/14/2011

Changed "Administrator" Title to "Chief

Policy Definitions Page 2 |Administative Officer" 9/14/2011

Policy Definitions Page 3 |Added Definition of "Senior Director" 9/14/2011

Updated terms for Priority for Occupancy: included

A. Priority of to this section, (d.) Non-Tribal maternal/paternal

Occupancy; parents/grandparents or the current legal

Section 1. (d.) & mother/father-in-law of a Tribal Member; and moved

(e.) (New "Non-Tribal members ages fifty five (55) and up to

Part I. Occupancy Criteria Subsection) Page 4 |the new subsection (¢.). 9/14/2011

Updated terms for RiverCane to accommodate those

A. Priority of qualified under Sections (I.)(A.)(a, b, or c) seeking

Occupancy; residency and give a (6mos.) notice first to those

Section 3. (New under Section (e.), and if applicable, those under

Part I. Occupancy Criteria Subsection) Page 4 |Section (d.) to relocate pursuant to CHI-TC #49-05. | 9/14/2011

Part II. Basic Services (For Occupants |G. Transportation Changed the term "The Senior Program staff" to "The

and/or Program Members) (Tribal) Page 10 |RiverCane staff" 9/14/2011

B. Payments, Removed word "RiverCane" from "RiverCane Senior

Subsection D. Director's Office" to phrase "Senior Director's

Part IV. Payments Terms Page 15 |Office". 9/14/2011

A. Informal

Part V. Grievance Procedure/Dispute | Resolution of Reworded the first paragraph and removed the word

Resolution Disputes Page 17 |"Program" from the second paragraph. 9/14/2011

Part V. Grievance Procedure/Dispute |B. Grievance | Pages 17- |Removed the words "Tribal" and "Program" from the

Resolution Hearing 18 entire section. 9/14/2011

Pages 18-|Removed word "RiverCane" & "Program" from the

Part VI. Records 19 term "Senior Director" 9/14/2011

Included the word "ninety" with the (90) days of

Part VII. Rules for Occupancy 9) Page 19 |occupancy. 9/14/2011

Included that after three (3) unsuccessful attempts to

request and schedule routine maintenance and/or

repair, RiverCane is authorized to conduct such

services with or without the presence of the occupant

Part VII. Rules for Occupancy 9) & 10) Page 19 Jand without further request at a reasonable time. 9/14/2011

Included to this section "meeting conditions setforth

Part VII. Rules for Occupancy 11) Page 20 |within this section, subsections 7 & 8. 9/14/2011

RiverCane Temporary Residential Updated by Bob Carroll & Guy Michael to

License Agreement correspond with the updated policies. 9/14/2011

Page 1 of 9

RIVERCANE SENIOR CENTER

OCCUPANCY PROGRAM POLICIES

RECORD OF CHANGES

Approved

Section Title: Suibsection(s) it) Hage Description of Change: by aeibal

any: Number: Council on

Date:

Included the purpose for the meal program and also

stipulations on eligibility for delivery and pick-up

services; and that only the Program Member or

his/her spouse (if applicable) can be the only ones

who can pick up meals on their behalf except for

when they are sick or have no means of

Part II, Basic Services E. Meals Page 9 |transportation. 2/8/2012

Added a new rule regarding occupants with young

15) (New children ages 12 and under shall monitor them at all

Part VII. Rules for Occupancy Section) Page 20 |times and includes liability terms and conditions. 2/8/2012

Table of [Updated & Added New Sections: A-I (Forms for

Addendums Part Nine Contents |RiverCane) 5/22/2014

Added Definition of "Deputy Administrator" and

changed "Chief Administrative Officer" title to

Policy Definitions Page 2 |"Administrator". 5/22/2014

B. Admission

Process;

Subsection 5, Replaced "Program Administrator" with "Deputy

Part I. Occupancy Criteria Observation Page 7 |Administrator." 5/22/2014

Updated stipulations on eligibility for delivery

services to include those who have no means of

transportation and that Program Members may send

someone to pick up meals on their behalf when they

are sick, at a doctor's appointment or have no means

Part II. Basic Services E. Meals Page 9 |of transportation. 5/22/2014

Changed Title from "Occupancy

C. In-House Disharge/Termination" to "Occupancy

Part III. Occupancy/Discharge/ Move (New _ | Pages 11- |Disharge/Termination/In-House Move" Added an In-

Termination/In-House Move Section) 12 House Move Policy. 5/22/2014

Part IV. Payments A. Deposits Page 14 |Changes Amount of Direct Deposit Due. 5/22/2014

16) (New Added new rule regarding Outdoor Appearance

Part VII. Rules for Occupancy Section) Page 20 |Policy. 5/22/2014

Page 2 of 9

RIVERCANE SENIOR CENTER

OCCUPANCY PROGRAM POLICIES

RECORD OF CHANGES

Section Title:

Subsection(s) if

any:

Page

Number:

Description of Change:

Approved

by Tribal

Council on

Date:

Part I. Occupancy Criteria

A. Priority of

Occupancy;

Section 1.

(d.)(New

Subsection)

Page 4

Revised this Section to prioritize eligible occupants in

the following manner:

(a.) Chitimacha Tribal Member ages 55 & up

(including their spouse);

(b.) Disabled Chitimacha Tribal Members under the

age of 55 meeting the conditions setforth in Sections

B(2), and when necessary, the Responsible party

providing required care;

(c.) Non-Tribal Spouses of deceased Tribal

Members, ages 55 & up and whom were legally

married at the time of the Tribal Member's death;

(d.) Long-term Life Partner of a tribal member who is

age 55 & up and has been living together in the same

household for a period of 5 consecutive years and

must sign a testimony form attesting the term of their

relationship;

(e.) Non-Tribal maternal/paternal

parents/grandparents or the current legal

mother/father-in-law of a Tribal member; and

(f.) Non-tribal members ages 55 & up.

3/5/2015

Part II. Basic Services

E. Meals

Page 9

Included to the eligibility criteria for delivery services

will be granted to individuals with other

physical/mental conditions and will be determined by

the Senior Director on a case by case basis.

3/5/2015

Appendices

Part Nine

Table of

Contents

Changed Title from "Addendum" to "Appendices"

6/21/2018

Appendices

Part Nine

Table of

Contents

Updated & Added New Sections: A-N (Forms for

RiverCane)

6/21/2018

Policy Definitions

Page 2

Deputy Administrator - Replaced “Deputy” with

“Program”

Program Member - Inserted “(iii) a long-term life

partner of a tribal member who is age fifty five (55)

and over and has been living together in the same

household for a period of five (5) consecutive years.”

Tribal Administrator - Changed title to “Chief

Administrative Officer”

6/21/2018

Section I. Occupancy Criteria

Section A.

Eligibility

Page 4

Section A. Changed title to “ELIGIBILITY”

Section (A)(3) - Added individuals in Section

(A)(1)(d) to be eligible for occupancy requirement in

this section and removed “any” and “who”.

6/21/2018

Page 3 of 9

RIVERCANE SENIOR CENTER

OCCUPANCY PROGRAM POLICIES

RECORD OF CHANGES

Section Title:

Subsection(s) if

any:

Page

Number:

Description of Change:

Approved

by Tribal

Council on

Date:

Part I. Occupancy Criteria

Section B.

Admission

Process & Rental

Criteria

Pages 5-6

Section B. - title changes to “ADMISSION

PROCESS AND RENTAL CRITERIA”

Rephrased the first paragraph and added 3

subsections.

Subsection 1: Requires applicants to provide income

verification.

Subsection 2: Background check requirement.

Subsection 3: Drug policy.

6/21/2018

Part II. Basic Services (For

Occupants and/or Program Members)

Section B.(a.)

Page 8

Inserted a subsection regarding waste disposal.

6/21/2018

Part III. Occupancy/Discharge/

Termination/In-House Move

Section C.

Page 12

Section (C)(2) removes “as determined by the Senior

Director” and inserts a set amount for the cleaning

fee.

Section (C)(3) - Inserted “and cleaning fee.”

6/21/2018

Part IV. Payments

Sections A.

through I.

Pages 13-

17

Section A. - Inserted Rent Rate Structure.

Section B. - Inserted Waiting list policy and

procedures for accommodating individuals listed in

Section (I)(A)(1)(a, b, ¢, and d.)

Sections C. through I. - No changes were made, just

renumbered and reformatted.

Section G. - Inserted “sixteenth.”

Section I. - Inserted “(15th).”

6/21/2018

Part VII. Rules for Occupancy

Section 3

Page 19

Inserted work request form procedures.

6/21/2018

Part VII. Rules for Occupancy

Section 8

Page 19

Inserted Surveillance policies & procedures.

6/21/2018

Part VII. Rules for Occupancy

Section 16

Page 20

Corrected spelling of the word "barbecue".

6/21/2018

Appendix H. Pet Policy - RiverCane

Residential Center

Appendix H.

Page 2

Removed the terms and conditions regarding

declawing pet cats.

6/21/2018

Appendix L, Drug & Alcohol Policy

Inserted language "illegal use and/or abuse" under the

first section (where occupant has to read & intial);

revised to include testing procedures; inserted terms

that provide consideration for those testing positive

on the first offense, to be able to seek treatment and

an agreement must be made; inserted stipulations for

occupants who are going to be evicted due to a

positive result, that they must complete a treatment

program at an approved facility prior to being

considered for future residency at RiverCane, and

included that all drug screenings are held at the

utmost confidence.

2/28/2019

Page 4 of 9

RIVERCANE SENIOR CENTER

OCCUPANCY PROGRAM POLICIES

RECORD OF CHANGES

Section Title:

Subsection(s) if

any:

Page

Number:

Description of Change:

Approved

by Tribal

Council on

Date:

Grammar & Punctuation Corrections

Pages 1-

20

Unless otherwise highlighted in other sections below,

minor punctuation, word replacement (for

uniformity), subsection reference numbers have been

changed to reflect the proper section being referenced

(Pg. 7, Pg. 10, Pg.11, & Pg. 13), and typos have been

revised within these pages. Also replaced the word

"elder" with "senior" for uniformity.

8/5/2021

Policy Definitions

Page 2

Changes were made to the following definitions:

1.) Deposits - Added definitions of the different types

of deposits to this section.

2.) Program Administrator - This definition was

removed from the policies due to it being mentioned

once within the document [Page 7: 1§(B)(7)(5)] of

which is currently conducted by the Senior Director.

8/5/2021

Part I. Occupancy Criteria

Section A.

Eligibility (2.)

Page 4

Provides conditions that in the event there are no

single apartment units available, single Occupants

may be given the option to rent a two (2) bedroom

unit; however, once a single unit becomes available,

RiverCane Residential Center may, upon written

notice, require the single Occupant to relocate into a

one (1) bedroom unit should the need arise. The

single Occupant must relocate to the one (1) bedroom

unit within sixty (60) days of receiving said notice or

within a longer timeframe provide in writing by the

RiverCane Residential Center.

8/5/2021

Part I. Occupancy Criteria

Section B.

Admission

Process & Rental

Criteria; (2),

(2c.), (4), (7§5-

Observation)

Pages

5-7

Section B(2) - Changed the Background Check Fee

from $49.95 to $50.00.

Section B(2c) - Included RiverCane Occupants as

stated on page 11, Section III.(B.).

Section B(4) - Added additional month to month lease

agreements to be considered on a case by case basis.

Section B(7)(5) replaces "Program Administrator"

with "Senior Director" to conduct observation of

occupant(s).

8/5/2021

Part II. Basic Services (For

Occupants and/or Program Members)

Section A. Living

Accomodations

Page 8

Inserted a clause with a policy regarding the facility

grounds regarding parking anywhere on the property

and added in this policy to include that the parking lot

at RiverCane will only be limited to one (1)

vehicle/golf cart per occupant with a maximum of two

(2) vehicle(s)/golf cart(s) per apartment unit. Boats,

trailers, and/or large objects are not permitted on the

parking lot.

8/5/2021

Page 5 of 9

RIVERCANE SENIOR CENTER

OCCUPANCY PROGRAM POLICIES

RECORD OF CHANGES

Section Title:

Subsection(s) if

any:

Page

Number:

Description of Change:

Approved

by Tribal

Council on

Date:

Part II. Basic Services (For

Occupants and/or Program Members)

Section B.

Utilities

(Occupants):

First Paragraph &

Section B.(a.)

Page 8

Section B. - Inserted in the first paragraph that

internet services are not included in the monthly

rental fee.

Section B.(a.) — Inserted that non-RiverCane residents

are not allowed to dispose of their personal waste in

the community dumpster.

8/5/2021

Part II. Basic Services (For

Occupants and/or Program Members)

Section E. Meals

Page 9

Under Pick Up: Removed “at the close of the business

day” to “of the scheduled serving times.”

8/5/2021

Part II. Basic Services (For

Occupants and/or Program Members)

Section F.

Planned

Activities

Pages 9-

10

Included a policy where in order for program

members to participate in the program activities at no

cost (or when required the small fee/financial

participation), the Chitimacha Tribal program

member must be age fifty-five (55) years and up.

Tribal Members and their spouses who are eligible for

the program due to their Non-tribal Spouses meeting

the age requirements may participate; however, it will

be at their own expense. This rule will only apply to

dinner outings, overnight trips, bingo events, and

other activity events hosted by the RiverCane

program.

This rule does not apply to the meal service.

Members will be able to receive the daily meals

because their Non-Tribal Spouse who is age 55

years/up is counted in the AOA participation numbers

to the Institute for Indian Development for grant

purposes.

Also, replaced the word “tribal” with “program.” in

reference to non-tribal members participating in

activities at their own expense; it will still also be

based upon availability, and approved by the Senior

Director.

8/5/2021

Part III. Occupancy/Discharge/

Termination/In-House Move

Section A.

Discharge §(5.)

Page 11

Added a clause for additional terms and conditions

that can be found in the next section.

8/5/2021

Page 6 of 9

RIVERCANE SENIOR CENTER

OCCUPANCY PROGRAM POLICIES

RECORD OF CHANGES

Section Title:

Subsection(s) if

any:

Page

Number:

Description of Change:

Approved

by Tribal

Council on

Date:

Part III. Occupancy/Discharge/

Termination/In-House Move

Section B.

Eviction Terms

& Conditions for

Policy Violations

(New Section)

Pages 11-

12

Included procedures in the event an Occupant has been

arrested for illegal action resulting in a misdemeanor arrest

charge, violation of the RiverCane Drug & Alcohol

Policies, or has conducted behavior that interrupts the

health, safety, or peaceful lodging of the occupants of

RiverCane resulting in an eviction, the following terms and

conditions shall apply:

a. First Offense Violation: Occupant will not be eligible to

reside at RiverCane for a period of one (1) consecutive year

after the eviction.

b. Second Offense Violation: Occupant will not be eligible

to reside at RiverCane for a period of ten (10) consecutive

years after the eviction.

c. Third Offense Violation: Occupant will be permanently

prohibited from residing at RiverCane Senior Center.

Then, there are more stringent consequences in the event an

occupant has violated more than one (1) of the terms and

conditions set forth within all RiverCane policies and/or

has conducted detrimental behavior that resulted in the

personal injury and/or crime against any other occupant(s)

of RiverCane, the following terms and conditions shall

apply:

a. First Offense Violation: Occupant shall not be eligible to

reside at RiverCane for a period of seven (7) consecutive

years effective from the date of eviction. (I chose 7 years

due to my research on background investigations on

apartment rentals, any eviction within 7 years will show up

ona tenant application in a background check.)

b. Second Offense Violation: Occupant will be

permanently prohibited from residing at RiverCane Senior

Center.

8/5/2021

Part III. Occupancy/Discharge/

Termination/In-House Move

Section E. Effect

of Voluntary

Termination

(New Section)

Page 13

Adds effect of voluntary termination for a Tribal

member who voluntarily terminate his/her Occupancy

Agreement prior to its natural term expiring to lose

priority otherwise afforded to Tribal Members under

Section I(A)(1)(a)-(b) for the purposes of placement

on the waiting list. Such persons shall be treated as

those listed under Section I(A)(1)(f).

8/5/2021

Part IV. Payments

Section A. Rent

Rate Structure

Page 13

Added further stipulations to the rent rate structure

and set occupancy limitations and additional fees for

additional occupants exceeding the max occupancy in

both the one- and two-bedroom units.

8/5/2021

Part IV. Payments

Section B.

Waiting List

Pages 13-

14

Section B.(2.) Inserted revised implementation to 6

months’ notice for non-tribal occupants to relocate in

the event we have to provide housing for occupants

qualified under Section(I)(A)(1)(a)(b)(©) or (d).

8/5/2021

Page 7 of 9

RIVERCANE SENIOR CENTER

OCCUPANCY PROGRAM POLICIES

RECORD OF CHANGES

Section Title:

Subsection(s) if

any:

Page

Number:

Description of Change:

Approved

by Tribal

Council on

Date:

Part IV. Payments

Section C.

Deposits

Page 15

Provides reference to the “Definitions” section for

more information on the different types of deposits.

8/5/2021

Part [V. Payments

Section D. Terms

Page 15

Inserted a clause for NSF Fees

8/5/2021

Part IV. Payments

Section E.

Refunds

Page 15

Inserted a clause to deduct any expenses incurred in

tar removal from nicotine damage and repairing

damages due to excess holes in the walls due to

picture frames.

8/5/2021

Part IV. Payments

Section F.

Adjustment to

Fees

Page 16

Inserted a clause that the thirty (30) day notice does

not apply to adjustments to monthly rental fees for

eligible recipients of the Chitimacha Tribal Housing

Authority subsidy. Fee adjustments for said

Occupants are subject to change at any time, but not

to exceed the monthly amount stated on the Lease

Agreement.

8/5/2021

Part IV. Payments

Section H.

Page 16

Removed Legal Action in bold. Further clarifies that

while Occupants are entitled to an opportunity to cure

a breach based on non-payment, RiverCane enjoys the|

discretion to determine, based on the nature and

severity of the breach, whether or not an Occupant

can cure other breaches of the Occupancy Agreement;

further, nothing in this section prevents or prohibits

RiverCane from immediately terminating an

Occupancy Agreement based on serious breaches that

have nothing to do with non-payment.

8/5/2021

Part V. Grievance Procedure/Dispute

Resolution

Section A.

Informal

Resolution of

Disputes

Page 17

Except as provided in Section V(D), all Occupants, as

well as a person whose application has been denied

under Section I(B)(2) (commission of a Disqualifying

Crime) or Section III(B) (temporary loss of eligibility

based on violations), are allowed the opportunity to

dispute actions performed by RiverCane or failure to

act and to receive within a reasonable period of time a

response to the dispute.

8/5/2021

Part V. Grievance Procedure/Dispute

Resolution

Section B.

Grievance

Hearings

Pages 17-

18

Throughout this section it states that grievance

hearings may be disputed and addressed to the Chief

Administrative Officer (CAO) and/or his/her

designee.

in Subsection B.(1.) there is a cut-off period for

Occupants requesting a Grievance Hearing and such

request will now have to be submitted within fifteen

(15) days from the date of the action or inaction

giving rise to the grievance.

Also

8/5/2021

Page 8 of 9

RIVERCANE SENIOR CENTER

OCCUPANCY PROGRAM POLICIES

RECORD OF CHANGES

Section Title:

Subsection(s) if

any:

Page

Number:

Description of Change:

Approved

by Tribal

Council on

Date:

Part V. Grievance Procedure/Dispute

Resolution

Section D.

Limitation on

Grievances.

(New Section)

Page 18

This section provides terms addressing that requesting,

or filing a Grievance shall not suspend, negate, delay,

or disrupt the implementation of any RiverCane

decision or action, including RiverCane’s decision to

terminate an Occupancy Agreement. The Grievance

Procedures shall not apply to RiverCane’s decision

pursue an eviction in the Chitimacha Tribal Court.

8/5/2021

Part VII. Rules for Occupancy

Section 1.)

Page 19

THSCTTED a CIAUSE TO This Section stating Mat cach

eligible Occupant residing in the unit must be listed

on the Lease Agreement. Occupants who are not

listed in said agreement are not allowed to occupy the

unit for more than (10) days. If such occurs, the

Occupant may be subject to paying additional

monthly rental fees. In the event family and/or

friends plan to visit for more than ten (10) days, then

the Occupant must obtain approval from the Senior

Director.

8/5/2021

RiverCane Temporary Residential

License Agreement

Appendix B.

Updated & Revised by Michael Murphy (JLG) to

correspond with the updated policies and forms.

8/5/2021

RiverCane Residential Center Drug

& Alcohol Policy

Appendix L.

Pages 1-2

Updated & Revised by Michael Murphy (JLG) to

correspond with the updated terms & conditions in

the RiverCane Occupancy & Program Policies.

8/5/2021

Notice of Immediate Termination of

Occupancy Agreement Notice And

Notice to Quit Document

Document

This document was created to serve fo occupant(s)

who have breached the terms of the Temporary

Residential License Agreement and is being served

for immediate eviction due to the severity of the

violation.

8/5/2021

Notice of Termination of Occupancy

Agreement, Opportunity to Cure,

And Notice to Quit Document

Document

This document was created to serve to occupant(s)

who have breached the terms of the Temporary

Residential License Agreement and is given the

opportunity to cure the breach or quit.

8/5/2021

Page 9 of 9

Mission Statement of the Chitimacha Tribe of Louisiana:

The Mission Statement of the Chitimacha Tribal Council is:

“We the people of the Sovereign Nation of the Chitimacha, in order to proclaim and perpetuate

our vision, hereby embrace these beliefs, now and always — Waxt me cun nucmidinaka (we will

work for tomorrow)

> We must preserve and protect our natural resources, our people and all Native

Americans;

> We must promote a harmonious and prosperous existence among ourselves and within our

community;

> We must maintain the highest level of integrity, honor and authenticity in all our endeavors;

and

> We must always exist as a Nation by preserving our cultural heritage.”

RiverCane’s Mission Statement:

“In addition to upholding the mission statement of the Chitimacha Tribal Council, the staff at

RiverCane strives to provide housing for community seniors ages fifty-five (55) and up in a safe,

supportive and caring environment, utilizing the available support services to assure independence

while maintaining a high quality of life in an efficient and cost-effective manner.”

Introduction:

The facility and program described herein was created pursuant to TC Resolution No. CHI-TC #49-

99 and designed to serve community seniors by providing housing for “independent” persons desiring

safe and efficient housing without the maintenance and upkeep worries that accompany owning your

home (“Occupant”). Available tribal support services will be provided and coordinated so as to

maximize the occupants’ independence for as long as possible. RiverCane is not intended for those

with problems which necessitate care (medical or otherwise) which is more than is currently being

provided by tribal staff and tribal programs. Occupants or their families are permitted to arrange

and pay privately for services that are not provided or arranged by RiverCane.

Page | 1

POLICY DEFINITIONS

CHIEF ADMINISTRATIVE OFFICER - The official responsible for the overall

administrative activities and functions of the Tribal programs.

DEPOSITS (Revised: 08/05/2021

PET DEPOSIT - The additional one-time charge an occupant pays upfront for having a

pet(s) live in the apartment unit. This deposit is refundable within

thirty (30) days upon termination of the Occupancy Agreement except

when there are damages caused by the pet. Any expenses incurred

due to repair and/or cleaning of damages caused by the pet will be

deducted from this deposit and the occupant is also responsible to

reimburse the Tribe for all excess costs incurred for the repairs.

RESERVATION DEPOSIT - In the event there is a need for housing for individuals

listed under Section I.(A.)(1.)(a.)(b.)(c.), or (d.) and

there are no vacant apartment units available at the time,

this is the deposit that is required to be paid upfront prior

to the Senior Director submitting “a six (6) month notice

to relocate’ to Occupant(s) listed under Section

1.(A.)(1.)(e.) and/or (f).

SECURITY DEPOSIT -— The one-time charge that an occupant pays upon signing of the

Occupancy Agreement and it is retained for the duration of the

Occupancy Agreement. This non-interest bearing deposit may

not be considered as an advance to the license fee. This

deposit is refundable within thirty (30) days upon termination

of the Occupancy Agreement except to cover expenses

including, but not limited to, any damages to the licensed

premises and/or equipment (other than normal wear and tear),

it may also be deducted to cover any unpaid license fee

amounts and late fees upon termination of the Occupancy

Agreement. Full terms and conditions regarding security

deposit expenses are stated on the Occupancy Agreement.

OCCUPANCY AGREEMENT - The written agreement between the Occupant(s) and

RiverCane that establishes the terms and conditions concerning the use and occupancy of

an apartment unit at RiverCane. The Occupancy Agreement is the document named the

“RiverCane Temporary Residential License Agreement”.

OCCUPANT — A person who has an Occupancy Agreement with the RiverCane

Residential Center.

Page | 2

PROGRAM MEMBER - (i) a member of the Chitimacha Tribe of Louisiana who is age

55 and up and/or the person to whom they are legally married; (ii) A non-tribal spouse of

a deceased tribal member who is age fifty five (55) and up; or (iii) a long-term life partner

of a tribal member who is age fifty five (55) and over and has been living together in the

same household for a period of five (5) consecutive years.

RESPONSIBLE PARTY -— A person acting on behalf of the licensed occupant and is also

responsible for the occupant should the need arise.

SENIOR DIRECTOR -— The official responsible for direction and supervision of

RiverCane Senior Center. (Added: 09/14/2011)

Page | 3

|

I.

OCCUPANCY CRITERIA:

A. ELIGIBILITY (Revised: 06/21/2018):

1s

Occupancy will be granted in the following order of priority:

(a.) Chitimacha Tribal Members ages fifty-five (55) years and up (including

spouse).

(b.) Disabled Chitimacha Tribal Members under the age of fifty-five (55)

years, and when necessary, the responsible party providing required care.

For purposes of this provision, “Disabled” shall mean any condition that

prevents an Occupant from performing the activities listed in Section B(2)

below.

(c.) Non-Tribal spouses of deceased tribal members, ages fifty-five (55) and

up whom were legally married at the time of the tribal member’s death.

(d.) Long-term life partner of a tribal member who is age fifty-five (55) and

up who have been living together in the same household with the tribal

member for a period of five (5) consecutive years. This individual must

sign a testimony form attesting the term of their relationship (Added

03/05/2015).

(e.) Non-Tribal maternal/paternal parents/grandparents or the current legal

mother/father-in-law of a Tribal Member (Added 09/14/2011) who are

ages fifty-five (55) years and up (Revised 08/05/2021).

(f.) Non-tribal members ages fifty-five (55) years and up.

Two (2) bedroom apartments will be granted to married couples and residents

with live-in caretakers meeting eligibility criteria above and hereafter. One (1)

bedroom apartments are reserved for single occupants meeting the eligibility

criteria.

In the event there are no single apartment units available, single Occupants

may be given the option to rent a two (2) bedroom unit; however, once a single

unit becomes available, RiverCane Residential Center may, upon written

notice, require the single Occupant to relocate into a one (1) bedroom unit

should the need arise. The single Occupant must relocate to the one (1)

bedroom unit within sixty (60) days of receiving said notice or within a longer

timeframe provide in writing by the RiverCane Residential Center. (Revised:

08/05/2021)

Pursuant to TC Resolution No. CHI-TC Resolution #49-05; whereas Non-

Indians ages fifty five (55) years and older are permitted to temporarily reside

at RiverCane Residential Center; and as approved by the Chitimacha Tribal

Council, in the event an individual qualified for occupancy under Section

(D(A)(a, b, ¢, or d) above is pursuing occupancy/housing at RiverCane

Residential Center and has met the eligibility requirements set forth in Section

(D(A) above; occupants qualified under Section ()(A)(1)(e) or (f) shall be

Page | 4

notified by the Senior Director that a vacancy is needed and said occupant

shall be given a period of six months to relocate and vacate residency at the

RiverCane Residential Center. The first occupants to be given notice shall be

those qualified under Section (1(A)(f) followed then, if necessary by

occupants who are qualified under Section (I)(A)(e). If there is more than one

(1) occupant in either such category, the occupant who has been a resident for

the shortest period of time shall be the first notified (Added: 09/14/2011).

B. ADMISSION PROCESS AND RENTAL CRITERIA (Revised: 06/21/2018):

Any eligible applicant seeking to rent an apartment unit at RiverCane must:

1.

Have a steady source of income and be able to provide income verification of

ability to afford monthly rent if needed (Added: 06/21/2018).

Authorize RiverCane Residential Center to perform a credit and/or criminal

background check and submit a non-refundable processing fee in the amount

of $50.00 (Revised: 08/05/2021) for the following reasons:

(a.) Credit History. Applicants must not have had bankruptcies or

foreclosures within the last thirty six (36) months. If an eviction

and/or previous negative landlord debt reflects within the last sixty

(60) months, the applicant may be declined. Applicant must not

have any unpaid balances to electric, gas, or water utility company.

(b.) Past Residency. Up to three (3) years of past occupancy history

will be reviewed and must exhibit no derogatory references.

Rents/Mortgages paid on time, NSF Checks, Occupancy terms

completed, sufficient notice given, and verification of premises

condition.

(c.) Criminal History. A person who holds a conviction, including a

conviction with a deferred adjudication, for any of the following

types of crimes is not eligible for a unit at the RiverCane

Residential Center and their application will be denied: crimes of

violence; crimes involving a firearm; crimes involving illegal

drugs; crimes involving the destruction of property; sexual crimes;

crimes involving minors or vulnerable adults; or of any nature that

could reasonably be perceived, in the judgment of the Senior

Director, to threaten the safety or well-being of other Occupants,

visitors, or employees of the RiverCane Residential Center

(collectively referred to as a “Disqualifying Crime”). RiverCane

also has the discretion to deny the application of a person who has

been charged or arraigned for a Disqualifying Crime. A person

may appeal a denial under this Section by utilizing the Grievance

Procedure in Section V. During the Grievance Hearing,

Page | 5

3.

6.

ts

consideration may be given to the length of time that has passed

since the conduct at issue, or to evidence presented by the applicant

of mitigating factors, efforts at rehabilitation, and the nature and

severity of the offense. (Added Entire Section (2): 06/21/2018;

Revised:08/05/2021)

RiverCane Residential Center has an established drug free policy (Appendix

L.). An applicant must agree to and sign that policy prior to occupancy (Added:

06/21/2018).

Complete and submit an application for occupancy. Occupancy and services

are limited to parties who are eligible and have signed the Occupancy

Agreement. At the time of signing the Occupancy Agreement, each occupant

shall designate a person who will be responsible and act on behalf of the

occupant should the need arise (“Responsible Party”). The Responsible Party

shall sign the Occupancy Agreement agreeing to accept this designation.

Subject to the plenary cancellation right as set forth in the Occupancy

Agreement unless otherwise provided in the Occupancy Agreements shall be

renewed annually. Month to Month Occupancy Agreements may also be

considered on a case by case basis (Revised: 08/05/2021).

Must have a pre-admission physical and obtain a physician’s certification that

they are capable of performing the following activities of daily living:

(a.) Must be self-sufficient in:

(i) ~~ Mobility

Gi) Dining

(iii) Dressing

(iv) Hygiene and Grooming (neatly dressed, well-groomed

and free of odors.)

(v) Bathing

(vi) Toileting (all needs)

(vii) Operating a telephone

(viii) Shopping

(ix) Meal preparation

(x) Housekeeping (maintains house along with occasional

assistance for heavy work.)

(xi) Laundry

(xii) Transportation (travel independently, drive own car and

arranges own travel)

(xiii) Medication Intake (responsible for administering own

medication at the correct time and correct dosage)

(xiv) Ability to handle finances.

Must complete an annual physical or as deemed necessary.

The requirements of paragraph 5 herein shall not apply to applicants

Page | 6

designated as “Disabled” under Section A (1)(b) above. In these cases,

a Responsible Party shall be designated to provide necessary

assistance.

Notwithstanding the foregoing, RiverCane is not intended to serve persons with a condition

(physical, cognitive, or behavioral) that creates a danger to themselves or others or that

significantly infringes upon the rights of other occupants and under no circumstances can

applicants with these conditions be accepted.

Additionally, the following conditions may prevent occupancy or precipitate

discharge (unless proper care is provided at occupant’s expense) and will be

evaluated on their own merits:

1)

2)

3)

4)

Incontinence, if the occupant cannot or will not participate in management

of the problem.

Immobility

Skilled nursing interventions needed 24 hours per day.

Symptoms of dementia that exceed manageability.

The Facility may allow for an exception to these conditions if other occupant or family resources

are available to ensure 24-hour support.

5)

Observation:

The staff shall regularly observe the occupants for changes in functioning

that require attention and notify the family/responsible party as such. The

family members/Responsible Party and the occupant (if applicable) will be

required to meet with the Senior Director and/or their personal doctor/social

services case worker to determine whether the occupant can remain in the

facility or if additional care can and will be provided by occupant or his/her

family. (Revised: 08/05/2021)

If it is determined that the Occupant no longer meets the occupancy criteria

and is unable or unwilling to obtain the needed assistance, the Occupant

and/or Responsible Party shall arrange for a change in residency for the

Occupant. This shall take place as soon as possible but no longer than 30

days from the notice of the decision. In the interim between notice and

transfer, care for the Occupant shall be the sole responsibility of the

Responsible Party.

Page | 7

I.

BASIC SERVICES (For Occupants and/or Program Members):

A.

Living accommodations:

RiverCane contains one (1) and two (2) bedroom apartments having outside access

as well as access from interior hallways. Main hallways lead to the common room.

Each apartment has a kitchen and laundry area. All utilities are fully electric. The

occupant shall provide appliances and other furnishings. Each unit is provided with

central air and heating. Entryways and hallways are wheelchair accessible.

The facility grounds at RiverCane are property of the Chitimacha Tribe of

Louisiana. Parking on the grass or anywhere on the premises is not permitted unless

the Occupant receives approval from the Senior Director. Violation to this policy

will result in legal action to seek restitution for damages to the property. The

parking lot at RiverCane will only be limited to one (1) vehicle/golf cart per

occupant with a maximum of two (2) vehicle(s)/golf cart(s) per apartment unit.

Boats, trailers, and/or large objects are not permitted on the parking lot (Added:

08/05/2021).

Utilities (Occupants): The monthly rental fee will include the following utilities:

electricity, water, pest control, building insurance, dumpster collection and sewer

service. NOT included in the monthly fee are cable TV, telephone service, internet

services (Added: 08/05/2021), and content insurance.

(a.) A facility dumpster is provided for proper food and waste disposal.

Any waste disposal on the premises is not permitted. RiverCane

does not provide trash collection services, each Occupant and/or

their Responsible Party is responsible for disposing his/her personal

waste in said dumpster. If disposing perishable food items, the

contents of the waste must be completely sealed in a bag to ensure

pest control of the area (Added: 06/21/2018). Non-RiverCane

residents are not permitted to dispose their personal waste in this

dumpster (Added: 08/05/2021).

Maintenance (Occupants): Maintenance of apartments and common areas will

be provided by a full-time maintenance worker. Maintenance (as opposed to

housekeeping duties) include plumbing repairs, A/C repairs, changing light bulbs

and air filters, grounds maintenance, etc.

Page | 8

Common Facilities; Located in the center of the facility are the dining room,

laundry room, and parlor. The dining room is designed as a gathering place for

dining, activities, speakers, and other social functions. Occupants are free to utilize

the common areas and facility grounds for activities such as family activities,

barbeques, and picnics. These activities must be arranged with and approved by

the Senior Director prior to occupant’s use of the dining room.

Meals: The purpose of the meal program is to allow program members to come

together in fellowship and dine-in with one another. Lunch will be provided by the

RiverCane staff five days per week, excluding holidays and will be available in the

dining area. Of course, special circumstances may hinder members from coming

to dine in, however lunch may still be provided via delivery or pick up.

Delivery: Meals will be delivered to RiverCane occupants and program members

on the reservation based on need i.e. clients who are non-ambulatory, are physically

unable to drive, have no means of transportation, or are terminally ill. Delivery

may be approved by the Senior Director for individuals with other physical/mental

conditions and will be determined on a case by case basis (Added: 03/15/2015).

Pick Up: Should any program member request RiverCane to prepare and package

their meals for pick up, the program member (or if applicable, their spouse) must

be the ones to pick up their meals (Added: 02/08/2012). Exceptions will be made

to members who are sick or at a doctor’s appointment; they may then send someone

to pick up their dinner(s) (Added: 05/22/2014) before the end of the scheduled

serving times. (Revised: 08/05/2021)

Meals may be provided for non-Indians and guests for a fee, and after program

members have been served, to be determined by the Senior Director.

Planned Activities (Revised: 08/05/2021): Social and educational activities will

be coordinated by the Senior Director for tribal occupants and seniors. Such

activities may include, but are not limited to bingo, day and overnight field trips,

dances, cultural activities, crafts, etc. (Certain events may require a small

fee/financial participation by the participant.)

In order for program members to participate in said activities at no cost or when

required, a small fee/financial participation, the Chitimacha Tribal program

member must be age fifty-five (55) years and up (Added: 08/05/2021).

Page | 9

The non-tribal program member spouse who is age of fifty-five (55) may

participate, however, it will be at his/her own expense until their tribal spouse has

reached the age of fifty-five (55). This rule does not apply to the meal service

(Added: 08/05/2021).

Tribal spouses under the age of (55) and their spouse may participate in the Bingo

activities and other senior events, however, they will be required to pay a fee for

Bingo participation and all of their expenses in other activities such as dinner

outings and overnight trips (Added: 08/05/2021).

Non-program members (i.e. guests/grandchildren) may participate in activities at

their own expense, based on availability and approved by the Senior Director

(Revised 08/05/2021).

G. Transportation (Tribal): The RiverCane staff will provide transportation services

for such things as shopping (at Wal-Mart & Raintree Market), banking (within close

proximity), hair appointments (within close proximity), etc. Specific days and/or

times will be determined by the Senior Director. (Revised: 09/14/2011)

H. Emergency Response System (Occupants): Located in each apartment are

emergency call buttons and cords. These call buttons and cords are available for

use only during normal operating business hours of the RiverCane Center. Should

an emergency occur during business hours, the Occupant or Responsible Party

should contact 9-1-1 immediately and then activate the system by pulling the cord

or pressing the button. Once activated, the Senior Director is alerted and will

respond and will notify the proper authorities. Should an emergency occur after

RiverCane business hours, call 9-1-1 immediately.

I. Fitness/Recreation Activities: Occupants may be allowed to utilize the

Recreation Center on the approved hours set by the Recreation Director or

Coordinator.

ALL SERVICES TO BE PROVIDED ONLY DURING THE NORMAL BUSINESS

WEEK UNLESS OTHERWISE NOTED.

J. Other Services: Occupants or their families are permitted to arrange and pay

privately for services that are not provided or arranged by RiverCane.

Page | 10

Ii.

OCCUPANCY DISCHARGE/TERMINATION/IN-HOUSE MOVE (Revised:

05/22/2014):

A. Discharge from the facility may occur because the occupant:

1, Pursuant to provision set forth in Part I.(A)(3).

2. No longer desires to live at RiverCane.

3: Has service needs that exceed the ability of the program to meet them and

is unable or unwilling to arrange for the provision of services.

4. Has failed to make proper payment as set forth in Section IV D.

Has engaged in illegal activities or in behavior that is deemed detrimental

to the health, safety, or peaceful lodging of the occupants of RiverCane,

including as identified in Section III.(B.), below. (Revised 08/05/2021)

6. Has failed to comply with the RiverCane Occupancy Policies, The

RiverCane Drug & Alcohol Policies, and/or the Occupancy Agreement.

Tk Upon death.

Eviction Terms & Conditions for Policy Violations (Added: 08/05/2021):

In the event an Occupant has been arrested or convicted for illegal action resulting

in a misdemeanor or greater arrest charge, violated the RiverCane Drug & Alcohol

Policies, engaged in behavior that interrupts the health, safety, or peaceful lodging

of the occupants of RiverCane, or otherwise violated the terms and conditions of

their Occupancy Agreement, in each case resulting in an eviction, the Occupant

shall lose eligibility for future residence for the following specified time periods:

1.

First Offense Violation: Occupant will not be eligible to reside at

RiverCane for a period of one (1) consecutive year after the eviction.

An Occupant who violates the Terms and Conditions for Violation of

the RiverCane Drug & Alcohol Policy is also subject to the additional

requirements imposed therein (completion of an approved substance

abuse program and consent to pay for random drug screening for one

(1) year).

Second Offense Violation: Occupant will not be eligible to reside at

RiverCane for a period of ten (10) consecutive years after the eviction.

An Occupant who violates the Terms and Conditions for Violation of

the RiverCane Drug & Alcohol Policy is also subject to the additional

requirements imposed therein (completion of a an approved substance

abuse program and consent to pay for random drug screening for one

(1) year).

Page | 11

3. Third Offense Violation: Occupant will be permanently prohibited

from residing at RiverCane Senior Center.

For combined violations where an Occupant has violated more than (1) of the terms

and conditions set forth within all RiverCane policies and/or has conducted

detrimental behavior that resulted in the personal injury and/or crime against any

other Occupant(s), visitors, or employees of RiverCane, the following terms and

conditions shall apply:

1. First Habitual Offense Violation: Occupant shall not be eligible to

reside at RiverCane for a period of seven (7) consecutive years effective

from the date of eviction.

2. Second Habitual Offense Violation: Occupant will be permanently

prohibited from residing at RiverCane Senior Center.

Couples:

Should one party of a married couple become deceased, the remaining spouse may

continue to live at RiverCane provided that they meet the occupancy criteria set

forth in these policies.

If the couple was residing in a two (2) bedroom unit, the remaining spouse may be

asked to move to a one (1) bedroom unit, if available. If a one bedroom unit is

requested by the remaining occupant but one is not available, they will be placed

on a list and moved as soon as possible.

In-House Move (Added: 05/22/2014): Occupants requesting to move from one

apartment to another will be allowed to do so under the following terms and

conditions:

1. Priority for In-house moves will follow the criteria set forth in Part I(A)(1).

Occupancy Criteria, of the RiverCane Occupancy & Program Policies.

2. Occupant will be required to pay a cleaning fee in the amount of $75.00.

(Revised: 06/21/2018)

3. First month’s rent and cleaning fee will be required prior to the in-house

move.

4. If applicable, Occupant will be required to pay for any damages stated in

the final inspection report prior to the in-house move. Occupant’s current

Security Deposit will be transferred to the new apartment and any damages

in prior apartment will not be applied to the Security Deposit.

Page | 12

E. Effect of Voluntary Termination: A Chitimacha Tribal Member Occupant who

voluntarily terminates their Occupancy Agreement before its natural term expires

shall lose the priority otherwise afforded to Chitimacha Tribal Members under

Section I(A)(1)(a)-(b). For the purposes of placement on the waiting list, such

persons shall be treated as a non-tribal members under Section I(A)(1)(f. (Added:

08/05/2021)

IV. PAYMENTS:

A. Rent Rate Structure (Added: 06/21/2018):

One Bedroom: $500.00 per month

Occupant(s) living in the unit must be listed on the Occupancy Agreement. Max

occupancy for the one (1) bedroom unit is two (2).

Two Bedroom: $550.00 per month

Occupant(s) living in the unit must be listed on the Occupancy Agreement. The

monthly fee provides The monthly license fee for the two (2) bedroom unit includes

coverage for the first two (2) occupants listed on the Occupancy Agreement. An

additional $50.00 per month/per additional occupant shall be applied to those listed

on the Occupancy Agreement and the max occupancy for the two (2) bedroom units

is four (4). (Revised Entire Section: 08/05/2021)

B. Waiting List (Added: 06/21/2018; Revised: 08/05/2021):

The following procedures shall take place in the event there are no vacancies

available.

1) Eligible applicants will placed on a waiting list in accordance to the order of priority

set forth in Section (I)(A)(1).

2) Should a need for housing arise for those qualified under Section (1)(A)(1)(a)(b)(c)

or (d), and there is no vacancy, the procedure set forth in Section(1)(A)(3) will be

conducted in the following manner:

a. The individual seeking residency will be required to submit a completed

application along with the non-refundable $50.00 processing fee for his/her

background check.

b. Once the individual has been deemed eligible to reside at RiverCane, the

individual will have thirty (30) days to submit a reservation deposit in the

amount of $300.00 prior to the Senior Director proceeding with the

Page | 13

procedures set forth in Section(1)(A)(3). Refer to the “Definitions” page for

more information on the different types of deposits.

c. Once the Occupant who was given the six (6) month notice to relocate has

vacated the apartment unit, the individual will be required to submit the first

month’s rent payment prior to relocating into the apartment. The individual

is encouraged to submit this payment prior to the six (6) month waiting

period in the event the apartment becomes available sooner.

d. Once the individual moves into the recently vacated apartment, the

reservation deposit will then be applied toward the individual’s security

deposit.

e. Ifthe individual does not submit the first month’s payment and occupy the

recently vacated apartment thirty (30) days after the six (6) month waiting

period, the $300.00 reservation deposit then becomes non-refundable and

the individual will be placed on the bottom of the waiting list.

f. The reservation deposit will not be refunded in the event actions set forth in

Section (1)(A)(3) has been conducted and the individual withdraws his/her

request to reside at RiverCane.

g. Individual(s) who withdraw his/her request twice and after the six (6) month

notice has been given to an Occupant(s), that individual will be placed on

the bottom of the waiting list and will be required to wait until a vacant unit

is available.

C. Deposits:

A deposit of $300.00 will be collected upon signing the Occupancy Agreement

(Revised: 05/22/2014), An additional deposit of $100.00 will be collected if the

occupant has a pet. Refer to the “Definitions” page for more information on the

different types of deposits (Revised: 08/05/2021).

All payments are due and payable on or before the fifteenth (15th) day of every

month. Payments are considered delinquent after the fifteenth (15th) day of each

month and a late charge of fifty dollars ($50) shall be assessed. This late charge

must then be made with the payment. Payments are accepted at the Senior

Director’s Office from 7:00 a.m. until 2:00 p.m. Monday through Thursday

excluding holidays (Revised: 09/14/2011). Payments may be mailed to the

Page | 14

Chitimacha RiverCane Department, P.O. Box 661, Charenton, LA 70523. Cash,

checks and money orders for payment are acceptable, but RiverCane WILL NOT

assume responsibility for cash sent through the mail. Please make checks payable

to the Chitimacha Tribe of Louisiana or RiverCane. Payments will be accepted on

an annual basis when requested by the occupant. Should the occupant vacate the

facility for any reason prior to utilizing the full annual payment, a refund will be

made in accordance with Section IV(E), of this policy and the Occupancy

Agreement.

Non-Sufficient Funds (NSF) Fee: In the event a check payment is returned due to

insufficient funds, the Occupant will be required to correct the payment by

submitting the original payment due, plus a $25.00 NSF fee within ten (10) days of

receipt of the NSF Notice (Revised: 08/05/2021). Further, all future payments must

be made in the form of cash and/or money order.

EK. Refunds:

1. Vacating Unit. Upon any termination of the agreement described in this

Section, Occupant, Occupant’s estate, or Responsible Party shall vacate and

remove all property from the Unit. Occupant or Occupant’s estate/Responsible

Party will remain liable for the monthly fee until the unit is vacated, all property

is removed from it, and it is restored to its original clean condition (except for

normal wear and tear).

2. Amount of Refund. Within thirty (30) business days after the Unit has been

vacated, the property has been removed from it, and it has been restored to its

original clean condition, RiverCane shall pay the Occupant or the Occupant’s

estate a refund equal to any unused portion of the final monthly fee, minus (i)

the amount of any unpaid monthly fees or other charges that Occupant owes

to RiverCane under the Occupancy Agreement; (ii) the costs of any repairs to

the unit not caused by normal wear and tear (including tar removal as a result

of Nicotine damage and excess picture frame holes in the walls) (Added:

08/05/2021), (iii) any expense incurred to remove and dispose of any of

Occupant’s property that was not removed when Occupant vacated the unit.

If Occupant paid a pet deposit under the Occupancy Agreement, RiverCane

shall refund the deposit to the Occupant, minus any deductions for damage

caused by the pet. If the amount Occupant owes exceeds the sum of

Page | 15

Occupant’s final monthly fee and the pet deposit (if any), the Occupant or

Occupant’s Estate will be billed for the difference.

F. Adjustments to Fees:

RiverCane shall give the Occupant thirty (30) days written notice of any change in

the monthly fee. (Adjustments to the monthly fee will be made no more than once

per year.) This does not apply to eligible recipients of the Chitimacha Tribal

Housing Authority subsidy. Fee adjustments for said Occupants are subject to

change at any time, but not to exceed the monthly amount stated on the Occupancy

Agreement (Added: 08/05/2021).

. Action to be Taken for Nonpayment:

In the event payment is not received by the sixteenth (16") day of the month, a

Notice of Termination of the Occupancy Agreement shall be sent to the Occupant

by Certified Mail — Return Receipt requested, or by personal delivery to the

Occupant. Nonpayment of the required monthly payment, plus any late charges

shall constitute a breach of contract and shall be addressed in the following manner:

1) The Notice of Termination shall contain the specific breach which has occurred,

and shall give the Occupant thirty (30) days to cure the breach by rendering

payment in full and presenting assurance of continued compliance with all

contractual obligations, where applicable.

2) Notice of Termination shall also inform the Occupant of their rights to a

Grievance Hearing (see Section V).

3) No legal action or further correspondence during the thirty-day period shall

occur,

. While the Occupant is entitled to an opportunity to cure a breach that is based on

nonpayment, as provided in this Section IV G., RiverCane enjoys the discretion to

determine, based on the nature and severity of the breach, whether or not an

Occupant can cure other breaches of the Occupancy Agreement. Nothing in this

Section IV G prevents or prohibits RiverCane from immediately terminating an

Occupancy Agreement based on serious breaches of the Occupancy Agreement

that have nothing to do with nonpayment. (Revised: 08/05/2021)

Failure on the part of an Occupant to cure the breach and/or provide assurance of

continued compliance shall result in legal action being brought against the

Page | 16

Occupant to collect all money owed to RiverCane and evicts the occupant from the

dwelling unit.

Late Charges

The Senior Director shall, at the close of business on the fifteenth (15") day of the

month, or the next working day thereafter, assess late charges in the following

manner:

When an Occupant is late with a payment, a late charge of $50 shall be

assessed. Should an Occupant be repeatedly late with payments, The Senior

Director shall consider the ability of the occupant to meet the financial

obligations in a timely manner, and may take steps to terminate the

Occupancy Agreement for breach of contract.

V. GRIEVANCE PROCEDURE/DISPUTE RESOLUTION:

A.

Informal Resolution of Disputes:

Except as provided in Section V(D), all Occupants, as well as a person whose

application has been denied under Section I(B)(2) (commission of a Disqualifying

Crime) or Section III(B) (temporary loss of eligibility based on violations), are

allowed the opportunity to dispute actions performed by RiverCane or failure to act

and to receive within a reasonable period of time a response to the dispute.

(Revised: 08/05/2021)

The Senior Director shall make every effort to respond to Occupant problems,

requests for assistance, requests for action, or requests to reconsider decisions so as

to avoid the necessity for formal Grievance Hearings before the Chief

Administrative Officer.

Grievance Hearing (Revised 08/05/2021):

1) A complainant must request a Grievance Hearing in writing to the Chief

Administrative Officer or his/her designee. To receive a Grievance Hearing,

the written request must be submitted within fifteen (15) days from the date of

the action or inaction giving rise to the grievance (Added: 08/05/2021).

2) When a request for a Grievance Hearing is received, a Hearing will be

scheduled at the earliest convenience of the Chief Administrative Officer or

his/her designee, the Senior Director, and the complainant.

Page | 17

Is

3) Ifthe complainant requesting the Hearing does not appear or is not excused

from appearing, for reasons deemed valid by the Chief Administrative Officer

or his/her designee at a scheduled Grievance Hearing, the matter in dispute will

not be considered further. The complainant will be required to adhere to the

action specified in the original response to his/her request.

4) At a formal Grievance Hearing before the Chief Administrative Officer or

his/her designee:

a) There will be an opportunity for both the Senior Director and the

complainant to present their case.

b) The Chief Administrative Officer or his/her designee will make a decision

in writing on the grievance within ten (10) business days of the Hearing.

The decision shall be binding upon the Senior Director and the

complainant.

C. Escrow Deposits of Rent or Monthly Payments:

Where a grievance involves payment of rent or monthly payments, the complainant

may not withhold payment pending a grievance hearing by the Chief

Administrative Officer or his/her designee. The complainant must make monthly

payments and payments for other charges when due; the Senior Director shall place

these payments in an escrow account and shall not use them for any purpose until

a grievance hearing is held and a decision is rendered.

D. Limitation on Grievances (Added: 08/05/2021):

Requesting or filing a Grievance shall not suspend, negate, delay, or disrupt the

implementation of any RiverCane decision or action, including RiverCane’s

decision to terminate an Occupancy Agreement. The Grievance Procedures shall

not apply to RiverCane’s decision pursue an eviction in the Chitimacha Tribal

Court.

RECORDS:

All documentation relating to occupancy will be maintained by the Senior Director and

shall be kept confidential. This information will be updated regularly and will remain

confidential.

Page | 18

[OCR skipped on page(s) 31-66]

[Read from a scan; the first 30 pages.]