# CHITIMACHA TRIBE OF LOUISIANA BY ie . (2021) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Achitimacha%3A045b9b447e6f8968 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 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.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Achitimacha%3A045b9b447e6f8968. Public record. Not legal advice.