RESOLUTION: 2024-7-1
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és Chehalis Tribal
HOUSING AUTHORITY
RESOLUTION: 2024-7-1
Of the Chehalis Tribal Housing Authority
To Approve and Adopt Revisions to the Admissions and Occupancy Policy
WHEREAS, the Chehalis Tribal Housing Authority (CTHA) is duly charted per Tribal
Ordinance Number One of the Confederated Tribes of the Chehalis Indian Reservation (“Tribe”)
as approved by the voting members of the Tribe; and,
WHEREAS, the purposes for which the CTHA was established include: (1) remedying unsafe
and unsanitary housing conditions that are injurious to the public health, safety, and morals; (2)
alleviating the acute shortage of decent, safe, and sanitary dwellings for persons of low income;
and (3) providing employment opportunities through the construction, reconstruction,
improvement, extension, alteration, or repair and operation of low income dwellings; and,
WHEREAS, the Board of Commissioners (“Board”) of the CTHA, pursuant to Article V,
section 3(r) of said Tribal Ordinance Number One, has been granted authority to take such
actions as are commonly engaged in by public bodies of this character as the Board may deem
necessary and desirable to effectuate the purposes of CTHA; and,
WHEREAS, under the has the discretion to utilize any one of three separate definitions for
calculating income, including more than one definition, for programs funded by the Indian
Housing Block Grant (HBG) appropriations pursuant to the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASD); and
WHEREAS, the Board has determined that for purposes of determining program eligibility,
CTHA shall use whichever definition of income is most advantageous to the applicant or
participant; and
WHEREAS, the Board has determined that it is in the best interest of the Tribe that Chehalis
Tribal General Welfare Exclusion (GWE) payments to CTHA program participants shall be
calculated as income for purposes of determining the program participants’ maximum rent and
therefore utilized to pay for housing as the Tribe has intended, and language addressing this use
of GWE payments as income has been incorporated into the Rental Admissions and Occupancy
Policy (“A&O Policy’) attached as Exhibit A hereto; and,
WHEREAS, the CTHA management, in coordination with CTHA legal counsel, has therefore
revised the attached A&O Policy to read as follows:
CHEHALIS TRIBAL HOUSING AUTHORITY
RESOLUTION 2024-7-1
Page 1 of 2
For purposes of determining a family’ s income for monthly rent payments, the Annual
Income of the household will be calculated as follows:
a. CTHA shall use the adjusted gross income as defined for purposes of reporting under
Internal Revenue Service (IRS) Form 1040 series for individual Federal annual .
income tax purposes, using the method that is most beneficial to the Program
_ Participant, except that the IRS method shall not be used where the Program |
Participant or any member of the household receives General Welfare Exclusion
(GWE) payments from the Chehalis Tribe or another tribe that are intended for the
purpose (in whole or in part) of housing, so as to ensure that GWE payments are
calculated as income for purposes of determining the maximum rent and therefore
utilized to pay for housing as intended.
b. If the Program Participant or any member of the household receives General Welfare
Exclusion (GWE) payments from the Chehalis Tribe or another tribe that are intended ©
- for the purpose (in whole or in part) of housing, CTHA shall use the Department of
- Housing and Urban Development’s definition of annual income used for HUD’s
Section 8 programs in 24 CFR part 5, subpart F, as amended (except when
determining the income of a homebuyer for an owner-occupied rehabilitation project,
_ the value of the homeowner's principal residence may be excluded from the
calculation of Net F amily assets). The entire amount of the Program Participant’s
- GWE as well as all other sources of income recognized under the Section 8
procedures will be counted toward the Program Participant’s annual income for
_ the purposes of determining the Program Participant’s maximum rent{;]
and,
- WHEREAS, the CTHA management, in coordination with CTHA legal counsel, has reviewed
and revised the attached A&O Policy (Exhibit A hereto), and has determined that revising the
A&0O Policy is necessary for the effective and efficient operation and management of CTHA
rental programs, and that said A&O Policy should replace and supersede any other policies
addressing this same e subj ect matter; and, |
WHEREAS, the Board has reviewed the A&O Policy, including the language addressing the use
of GWE payments as income as incorporated in the A&O Policy, and has determined that |
adopting the A&O Policy 1 is in the best interest of the CTHA; and,
NOW, THEREFORE, BE IT RESOLVED. that CTHA Board hereby approves and adopts the
Rental Admissions and Occupancy Policy, as attached as Exhibit A to this Resolution, including
the language addressing the use of GWE payments as income as incorporated in the Rental
Admissions and Occupancy Policy; and, — |
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Rental Admissions and
Occupancy Policy, attached as Exhibit A to this Resolution, shall supersede and replace any
other policies addressing this same subject matter, and that this Resolution shall supersede and
| replace any prior resolutions addressing this same Subjer ect matter; and,
CHEHALIS TRIBAL HOUSING AUTHORITY
RESOLUTION 2024-7-1
| Page 2 of 2
BE IT FINALLY RESOLVED, that the Board of Commissioners of the Chehalis Tribal
Housing Authority has hereby authorized and directed Chehalis Tribal Housing Authority
Executive Director to take any and all steps necessary to implement the revised Rental
Admissions and Occupancy Policy.
CERTIFICATION
I, Sh eth 8 {w_, Secretary, certify the above resolution was adopted at a regular
scheduled meeting of the Chehalis Tribal Housing Authority held on the \4day
of uly , 2024 _, at which time a quorum was present, and was passed by a vote of: 2
FOR, @ AGAINST, and @ABSTAINED.
Lut Rtas OC U-Lt
Sy r —— ee
Secretary Chair
CHEHALIS TRIBAL HOUSING AUTHORITY
RESOLUTION 2024-7-1
Page 3 of 2
Chehalis Tribal
HOUSING AUTHORITY
€
RENTAL ADMISSIONS AND
OCCUPANCY POLICY AND
PROCEDURES
These policies and procedures were adopted by the Board of Commissioners
by Resolution #2024-7-1lon July 18,2024
Reviewed on: } /
Admissions and Occupancy Policy Resolution #_2024-7-1
Page 1 of 33
TABLE OF CONTENTS |
II. DEFINITIONS .......ccccccssscscsssssssssscscscscscsssssscscscscsvssscssvesececasscacacecsteasaacasavacacecsasasaavecataesereeseas 3
Ill. ELIGIBILITY........... sessesseeaeeneensensenees esssesesessasscsssuesesescscsssssscscsesssssesssssssevsssscscavacsusscacacasansuasens 8
Iv. SELECTION veseee - secesesseesesees sestestcaseusareassecaees seseusssssssvscvessaeess sesstssassessee secsucsasectaceesecsaseen 17.
V. REQUIREMENTS FOR CTHA HOUSING PROGRAMS 0.0... eseessssseesseecssereeeseessenneenneenees 18,
VL RENTAL AGREEMENTS. ...csecsessee sessesscssssssvscscsessacsosesevaneeas sesevsesseseseaeas deseusssssseeees waves 20,
VIL REASONABLE ACCOMMODATION FOR PERSONS WITH DISABILITIES seseee see 21
VIII. USE OF CTHA UNITS wieseescesssessessssssessssssssseeseecsesusesnecussasesseeeseasesueceeeseceaseaueeaeeatesnstanesneenees 21
IX. RENTAL AND HOMEBUYER PAYMENTS .....cccccccccsscssssssscscscscececscscstacscacacacscecsracaeacacaees 24
X. PROGRAM VIOLATIONS ..eeecsssssssssssssssessssessssecsssecsssucssssesssuvecsusccssusessussesssevessnevenssnecsueserse 27
XI. TERMINATION AND EVICTION. sssssssssssssccecsscescsssssssssssssssssssssesssscssssesesssssssssesssssesasesssssen 28
XIL. ABANDONMENT OF UNIT .ncssccssessoceccssccsuscesuessssesessecesucssssccssscssuessssesssucessuecsssesssacsssecsasees 31
XIL. LEAVING WITH A DELINQUENCY sessecsesssssssssscsesssscscsssesessesssssssscasacsesesasauavasscsesaataceeees 31
Admissions and Occupancy Policy Resolution # _ 2024- 1- L
Page 2 2 of 33 | |
I. PURPOSE
A. This Policy is to set forth the approach for determining eligibility and admission to
housing owned and operated by the Chehalis Tribal Housing Authority (CTHA) and
selection for other CTHA programs.
B. The CTHA was established for the following purposes:
a. Remedying unsafe and unsanitary housing conditions on the Reservation that
are injurious to the public health, safety, and morals. |
b. Alleviating the acute shortage of decent, safe, and sanitary dwellings for
families of low income. | |
c. Managing and maintaining residential properties that are owned by the
Confederated Tribes of the Chehalis Reservation (“Tribes”) and/or the
CTHA for the purpose of providing housing to Tribal members and Indians
living in the Tribes through rentals, lease-to-purchase agreements, or
homeownership or homebuyer agreements. —
d. Providing employment opportunities on the Reservation through the
construction, reconstruction, improvement, extension, alteration, or repair
and operation of low rent.
C. The Policy is intended to apply in all cases. However, where warranted in rare and
unique circumstances a special Waiver of a particular requirement can be considered
and approved by the CTHA Board. Such a Waiver may be made only if (1) Board
Members with personal direct or indirect interests abstain from and are not present for
both the Board’s deliberations and decision, (2) full and complete public disclosure of
a Waiver request occurs before, during, and after a vote, (3) a two-thirds (2/3)
favorable vote of all Board Members appointed is obtained, and (4) the waived Policy
requirement is not required by federal or tribal law.
I. DEFINITIONS
1. Annual Income— means the Annual Income of the household for purposes of determining
eligibility, calculated as follows: (1) the Department of Housing and Urban
Development’s definition of annual income used for HUD’s Section 8 programs in 24
CFR part 5, subpart F, as amended (except when determining the income of a homebuyer
for an owner-occupied rehabilitation project, the value of the homeowner's principal
residence may be excluded from the calculation of Net Family assets); (2) annual income
as reported under the Census long-form for the most recent available decennial Census; or
(3) Adjusted gross income as defined for purposes of reporting under Internal Revenue
Service (IRS) Form 1040 series for individual Federal annual income tax purposes,
whichever definition ts most advantageous to the applicant or participant.
a. If CTHA uses the definition of annual income used for HUD’s Section 8
programs, CTHA will follow the procedures laid out in CTHA’s Section 8
Admissions and Occupancy Policy Resolution #_2024-7-1
Page 3 of 33
Income Calculations Procedures and those procedure shall be updated as
necessary to be consistent with regulations at 24 CFR part 5, subpart F, as
amended. CTHA will also review, and to the extent consistent with the
regulations, utilize HUD guidance in calculating annual income based on the
definition of annual income for HUD’s Section 8 programs.
2. Admission—means admission to occupy housing units owned or managed by the CTHA.
. Applicant Family—means an individual or family applying to the CTHA for participation
in one of CTHA’s housing programs.
4. Elderly Families and Near-Elderly Families—means a family whose head (or his or her
spouse), or whose sole member, is an elderly person or a near-elderly person, respectively.
Such terms include two or more elderly or a near-elderly persons living together, and one
or more such persons living with one or more persons determined under the Chehalis
Indian Housing Plan to be essential to their care or well-being.
Elderly Person—means a person who is at least 62 years of age.
6. Eligibility—means being eligible for any program operated by the CTHA. It means only
that an applicant has an opportunity to be awarded a unit and/or participate in a program,
not that a unit will actually be awarded or that program participation will occur.
7. Grievance—means a grievance against a decision of the CTHA. See the CTHA’s
Grievance Policy for when and how such grievances are considered.
8. Homeless Family—means a family who is without safe, sanitary, and affordable housing
even though it may have temporary shelter provided by the community, or a family who is
homeless as determined by the CTHA.
9. HUD—means United States Department of Housing and Urban Development.
10. Indian Area—means the area within which an Indian tribe or a tribally designated housing
entity, as authorized by one or more Indian tribes to provide assistance under NAHASDA
for affordable housing.
11. Indian—means any person who is a member of an Indian Tribe.
12. Indian Family—means a family residing in a single household consisting of one or more
members who is an Indian. A family can be comprised of one or more persons. Provided,
however, if the only member of the household who is Indian is a minor child (or children),
to be considered an “Indian family” one of the following conditions must be met:
a. the child(ren) are the biological child(ren) of at least one of the heads of
household;
b. the child(ren) are the legally adopted child(ren) of at least one > of the heads of
household;
c. at least one of the heads of household has been appointed as the guardian of
the child(ren) by a court of competent jurisdiction; or
d. at least one of the heads of household has been appointed as the foster care
provider of the child(ren) by a court of competent jurisdiction.
13. Indian Tribe—means a tribe that is a federally recognized tribe or a state recognized tribe.
a. The term “federally recognized tribe” means any Indian tribe, band, nation,
or other organized group or community of Indians that is recognized as
eligible for the special programs and services provided by the United States
to Indians because of their status as Indians pursuant to the Indian Self-
Determination and Education Assistance Act of 1975.
oS)
mn
Admissions and Occupancy Policy Resolution #_ 2024-7-1
Page 4 of 33
(14.
15.
— «16.
17.
618.
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27.
28.
b. The term “state recognized tribe” means any tribe, band, nation, pueblo,
village, or community—
c. that has been recognized as an Indian tribe by any state; and
d. for which an Indian Housing Authority had, before October 26, 1996, entered
| into a contract with the Secretary pursuant to the U.S. Housing Act of 1937
for housing for Indian families and had received funding pursuant to such —
contract within the five-year period ending on October 26, 1996.
Low-Income Family—means a family whose income does not exceed 80 percent of the
median income for the area, as determined by the Secretary of Housing and Urban
Development with adjustments for smaller and larger families.
Median Income—means with respect to an area that is an Indian area, the greater of —
a. the median income for the Indian area, which the Secretary of HUD shall
determine; or _ |
| b. the median income for the United States.
CTHA—the Chehalis Tribal Housing Authority. —
Mutual Help and Occupancy Agreement—means a lease with an option to purchase
established through the Mutual Help Program.
NAHASDA—means the Native American Housing Assistance and Self-Determination
Act of 1996, codified at 25 U.S.C. §§ 4101 et seq.
Near-Elderly Persons—means a person who i is at least 55 years of age and less than 62
years of age.
-Operated—means owned or managed.
Program Participant—means the individual or family who i is a homebuyer owner, tenant,
borrower, or other person who participates in a CTHA program. _
Person with Disabilities—means a person who meets the criteria set out in 24 CFR 8.3 for
_ the term “individual with handicaps.”
Qualified Person with Disabilities—means a person who meets the criteria set out in 24
CFR 8.3 for the term “qualified individual with handicaps.”
Program Management—means the management and supervision of a particular program
including such items as staffing, counseling, collection, inspections, property —
management, and general implementation of the program. ©
Rent—means an amount of monies to be paid to the CTHA on a monthly or other periodic
basis by the Program Participant, for residing in a rental unit owned and operated by
_ CTHA.
Tenant—means the individual or family participating in the Low Rent Pro gram.
- Tribe — means the Confederated Tribes of the Chehalis Reservation.
Tribal Member—means a member of the Tribe. _
-_ -CTHA’S REQUIREMENTS Applications | |
. Publicity of Current CTHA Programs—AIll current programs of the CTHA shall .
- be publicized by posting of announcements at the CTHA office. |
B. Contents of Application:
1. The Applicant must submit his or her application in writing to the CTHA, ona
form provided by CTHA, at the CTHA office. The purpose of the application
~ process is to gather the information necessary to allow a full assessment of the
Applicant Family’s eligibility, consistent with Federal and CTHA requirements
that apply at the time of submission. The Applicant is required to provide at
Admissions and Occupancy Policy Resolution Ht 2024- 7-1
Page 5 of 33 ©
least the following information:
a. Date of the Application;
b. Program(s) in which the Applicant Family wishes to participate;
c. Applicant Family’s annual income;
d. Tribal affiliation, if any;
e. The names and ages for all family members living in the Applicant Family’s
household;
f. Social Security Numbers for each Applicant Family member;
g. Documentation of preference eligibility, if any;
h. Verification of U.S. citizenship or eligible immigration status (the CTHA
cannot provide services to non-eligible non-citizens with federal funds);
i. Credit, use, and maintenance history;
j. Current contact information for any prior or current landlords or lenders;
k. Valid Washington State driver’s license or other valid Washington State
identification, or a valid driver’s license or other valid identification from
the United States, another state or an Indian tribe;
I. Ifan applicant is claiming that his or her spouse is not a member of the
household, acceptable documentation demonstrating divorce or legal
separation;
m. If any member of the Applicant Family’s household has a disability for
_ which they wish to request an accommodation for, the Applicant Family
should list the disability and provide supporting documentation to
demonstrate the presence of the disability and the accommodations needed
af any); and |
n. Such additional information as CTHA may, at its sole discretion, deem
necessary. | |
o. Each Applicant Family is required to provide all information requested on
the application and to sign all necessary forms, documents, and
certifications. Information that verifies all information that affects
eligibility, family composition, selection, priority or preferences, annual
income, unit size, determination of homebuyer payments or rent, and
housing need 1s required. Failure to provide such verifying information may
be grounds for a determination that the Applicant Family is ineligible. The
Applicant Family is responsible for contacting the CTHA and making any
corrections or updating the application if any of the information contained in |
the application changes.
p. The Applicant Family must certify that all information contained in the
application is true and accurate. All information provided and/or any.
statements made by the Applicant Family are subject to verification.
Intentionally providing false or misleading information is grounds for
automatically denying eligibility for all CTHA programs, and grounds for
termination from any program the Applicant Family has been admitted to.
q. CTHA will reject and return any incomplete application.
C. Verification and Documentation of Data— All statements made in the application |
that may affect the determination of eligibility or level of payments are subject to
Admissions and Occupancy Policy Resolution #_2024-7-1
Page 6 of 33
- verification by the CTHA. The CTHA shall assure accurate determinations of eligibility
and payments while at the same time respecting the privacy of applicants. The following ©
_ three (3) types of verification will occur as determined necessary by CTHA:
-b. Declaration by the Family: This is the appropriate means for dealing with those
statements regarding age, family composition, etc., are often adequate for
verifying income.
c. Documentation: Documents furnished by the family such as assistance checks,
pay stubs, etc., are often adequate for verifying income. |
d. Third Party Verification: This entails contacts with Federal (FBI, BIA, INS, FTA,
etc.), State, and Local agencies, employers, credit bureaus, previous landlords and
similar sources to verify the family’s statements. It is often necessary to use this
method when verifying earned income, assistance payments, medical expenses,
and other factors that may be difficult for the family to document itself. Third
party verification may be done, with approval by the applicant, by mail or phone. —
D. — Sporadic Income—In situations of temporary, non-recurring, or sporadic income,
efforts will be made to obtain verification of previous year incomes from income tax
statements, where applicable or other documents which may be available.
__e. Ifno other means of verification of income is possible, the CTHA may accept an
_ affidavit describing sources and estimated amounts of income certified by the
applicant, or in the case of a reexamination, by the Tenant. Applicants must be
able to > prove their ability to pay bills and upkeep of unit.
| E.. 3 Documentation will be maintained with respect to all verifications. For |
' declarations, the appearance of the statement on the application signed by the family is
sufficient. Copies of checks, when permitted by law, or a note by the CTHA employee |
~ who reviewed the document is sufficient when documentation i 1S furnished by the |
applicant family.
Third party verification may be documented by keeping the written verification o or by informal
- notes and recording telephone contacts. In all cases, the verification must be signed by the
responsible CTHA employee. | |
f. There will be no application fee for any CTHA program. |
-g. CTHA will seek to verify Applicant Family information as soon as 1s practicable
_after submission of an application.
-_h. Ifunfavorable information is received about the Applicant Family during the
_assessment, consideration shall be given to the time, nature, and extent of the
Applicant Family’s conduct and to factors which might indicate a reasonable ~
probability of favorable future conduct. Staff shall notify the Applicant Family in
writing of the negative items found. The Applicant Family shall be given an
opportunity to respond to any negative information derived from any source.
i. Applications shall be considered and units shall be assigned on a “first submitted -
_. first served” basis, except as otherwise provided in this Policy.
j. Notification to Applicant Family— | 7 -
1. All Applicant Families who are determined not to be eligible for a program shall
be notified 1 in writing (Form A= - Notice of Ineligibility). The Notice of
Admissions and Occupancy Policy Resolution Ht 2024- 7-1
Page 7 of 33 ©
ay
nr
NO =
7.
Ineligibility shall contain a brief description of the reason(s) the Applicant Family
was determined to be ineligible. A blank Ineligibility Exception Request Form _
(Form B) shall be attached to each Notice.
. All Applicant Families that are initially determined to be eligible for a program
shall be notified in writing. Eligibility means that an applicant has an opportunity
to be awarded a unit and/or participate in a program, not that a unit will actually
be awarded or that program participation will occur.
. All notices to Applicant Families shall be mailed by United States first-class mail
to last known address as reported on their application or the most recent update
thereof (this applies to general delivery addresses as well).
Applicant File. For each Applicant Family, CTHA shall establish a file
containing all information supplied by the Applicant Family, and which must
include at least the following material:
Application.
Verification documents including but not limited to, copies of identification, Birth
Certificates, Tribal I.D. or Enrollment verification, Income Tax Returns, Pay
stubs or work history print out and other income verification, and Social Security
Cards. |
. All other documentation and contact information provided by the Applicant
Family.
Copies of staff's Notification of Eligibility or Ineligibility.
All correspondence and memoranda regarding the application.
Criminal Records Confidentiality. Any criminal record (e.g., criminal conviction
record information received from a law enforcement agency) received 1 in order to
administer this Policy must be —
Maintained confidentially;
Retained separate from all other housing records:
Kept under lock and key and in the custody and control of the CTHA Executive
Director or his or her designee for such records;
Accessed only with the written permission of the CTHA Executive Director or his
or her designee and used only for the purposes allowed under this Policy;
Used by CTHA only for applicant screening, lease enforcement, and eviction
actions;
Disclosed only to any person who has a job-related need for the information and
who is an authorized officer, employee, or representative of the CTHA or the
owner of housing assisted under NAHASDA; and
Destroyed once the purpose for which it was requested is fully accomplished.
IL ELIGIBILITY
A. Requirements—tThe following eligibility requirements must be met prior to an Applicant
Family being placed on a Waiting List for any CTHA program, and the requirements
must again be met at the time the Applicant Family is selected from the Waiting List to
‘participate in a particular program:
a. The applicant must be at least 18 years of age and qualify as an Indian family as
defined by this Policy, which includes a family with or without children, a single
Admissions and Occupancy Policy Resolution #_2024-7-1
— Page 8 of 33
g.
person, and a handicapped or disabled person, provided that a non-Indian family
may be selected under certain limited circumstances subject to the requirements
of this Policy and applicable federal law and regulations;
The applicant must be a member of the Confederated Tribes of the Chehalis
Reservation or another federally recognized Indian tribe.
Applicant must be a “low-income family,” as that term is defined in Section
4(13) of NAHASDA, which reads as follows: “The term ‘low-income family’
means a family whose income does not exceed 80 percent of the median income
for the area, as determined by the Secretary with adjustments for smaller and
larger families, except that the Secretary may, for purposes of this paragraph,
establish income ceilings higher or lower than 80 percent of the median for the
area on the basis of the findings of the Secretary or the agency that such
variations are necessary because of prevailing levels of construction costs or
unusually high or low family incomes.” A copy of the most recent calculation is
posted at the CTHA main office.
The applicant must not own a home, except for a home that has been declared as
uninhabitable by the Chehalis Tribal Building Inspector.
Not have any rental or credit history that, in the determination of CTHA (at its
sole discretion), would indicate that the Applicant family is unlikely to be able to
meet its obligations as a program participant in an CTHA program;
Not have any members of the household who have criminal history that, in the
determination of CTHA (at its sole discretion), would indicate that the Applicant
Family would pose a threat to other CTHA program participants, any other
neighbors, or CTHA staff; and
Demonstrate that they are willing and able to meet the obligations of
participating in the program(s) applied for.
B. Grounds for Ineligibility, An Applicant Family will be deemed ineligible if any of the
following criteria are present:
1. The Applicant Family, or any member of the household, is a current
Program Participant in another homeownership or rental program with
another tribe or housing authority;
i. The Applicant Family is currently housed in a decent, safe, and sanitary
dwelling within the service area of the Tribe with housing payments
within the percentages of income applicable to tribal assisted housing
programs;
ii. The Applicant Family includes one or more family members who. have a
felony conviction or drug record as otherwise determined and defined by
other CTHA rules;
iv. Any member of the Applicant Family is in arrears to the CTHA. If they
are, they must pay off that amount in full before the Applicant Family can
become eligible.
v. The Applicant fails to disclose or pay any previous outstanding debt to the
CTHA, for rent payments, maintenance or repair, painting, cleaning, or
any outstanding housing debt to the Community, for a previously leased
property, any utility district, or any other tribe or tribally designated
housing entity.
Admissions and Occupancy Policy Resolution #_2024-7-1
Page 9 of 33
vi. The Applicant or any member of the Applicant Family has committed
fraud in connection with any CTHA, Community, or HUD program, or
has failed to disclose previously committed fraud in connection with any
CTHA, Community, or HUD program.
vii. The Applicant has provided false information on the application that the
| CTHA determines to be material and important.
viii. The Applicant is not of legal age (18 years or older) or legally
emancipated, or legally competent to enter into an agreement.
ix. For homeownership programs only, the Applicant Family who cannot
provide evidence to the satisfaction of the CTHA of their ability to make
payments for the unit.
x. Any Applicant Family member is currently a registered sex offender in
any jurisdiction. This includes sex offenders who are minors.
x1. Any Applicant Family member has been evicted or removed from housing
for drug-related criminal activity (this would include the manufacture,
sale, use, or possession of an illegal substance) within a period of ten (10)
years prior to the date of the application.
xii. Any Applicant Family member has been evicted from a CTHA unit (for
reasons other than criminal activity) within a period of five (5) years prior
to the date of the application.
xiii. Any Applicant that previously leased from the CTHA or Tribal Housing
that had excess damages, as determined by CTHA to be any dollar amount
over $1,000.00 in repair charges, excluding cleaning and painting, will be
ineligible for CTHA housing programs for a period of not less than five
(5) years after all activity has been charged to the account. |
xiv. CTHA may reduce this five (5) year ineligibility period, at its sole
discretion, for individual applicants who have paid their past owing
balance in full and agree, prior to placement in a CTHA unit, to random
monthly monitoring activities to assure the unit is being maintained.
xv. In any event the applicant must have paid any amounts owed to CTHA,
even after the five (5) year period, to be eligible for a housing unit.
xvi. CTHA in its sole discretion shall have the right to permanently bar an
applicant or extend the time period due to the nature of damages for the
above actions. Applicant will be notified in writing when application 1s
received of any issues or ineligibility. |
xvii. Notice must list reasons for this action and give the applicant an
opportunity for informal hearing with the Executive Director.
xvili. The Executive Director shall have the final determination on this issue.
xix. Any Applicant Family member has engaged in criminal activity that is a
threat to the health, safety, or right to peaceful enjoyment of other
residents or property of others. See subsection V.C below. Applicant
Families will have the opportunity to remove from the application a
member who has engaged in criminal activity in order to determine
eligibility. |
C. Discretionary Denial of Selection—-CTHA may, at its sole discretion, determine that an
Applicant Family is ineligible for one or more of the following reasons:
Admissions and Occupancy Policy Resolution # 2024-7-1
Page 10 of 33
Refusing or failing to complete or supply required forms or other information
by the deadline date.
History of poor payment of rent or utilities.
History of failing to care for a unit and premises in which an Applicant Family
member was a lessee, homebuyer, or an adult occupant.
History of not respecting the rights of other residents to the peaceful enjoyment
of their housing.
History of repeated (one or more) violations of lease agreements or rules of
occupancy within the past five years.
Applicant Families whose habits and practices may reasonably be expected to
have a detrimental effect on other residents or on the housing project will be
determined ineligible to participate in any CTHA Program. The CTHA
Executive Director shall make this determination by considering the following:
a. Criminal records, including but not limited to conviction and arrest
records, which records shall be requested from the Tribal Court and
Tribal Law Enforcement, National Criminal Information Center (NCIC)
and State and Local Law Enforcement (such criminal records shall be |
kept confidential pursuant to the requirements and processes set out in
subsection IV.I above), provided that the only misdemeanor criminal
activity that would be the basis for a determination of ineligibility under
this section would be misdemeanors involving drug-related criminal
activity, violence, domestic violence, dating violence, or stalking (see
Addendum 1);
Judgments against the applicant in civil cases;
Restraining and/or protective orders;
Police reports involving the applicant family;
References from previous landlords;
Any other information that may provide evidence of the detrimental
habits and practices of the Applicant Family.
g. Criminal Background Affecting Eligibility
b)
mhoae
Criminal background checks will be done on all applicants for CTHA housing in support of
TRIBAL Resolution 2000-078 “Zero Tolerance”. Background checks for tenant screening will
include a criminal records background check with a criminal record search and conviction report
from state, federal and/or tribal agencies. CTHA is committed to maintaining safe and secure
housing for its residents and community members, and running criminal records background
checks and establishing related eligibility criteria is an important tool toward that end.
1. Criteria: CTHA establishes the following criteria for determining what criminal
background elements would be grounds for disqualifying an applicant for CTHA housing.
The criteria are based on the severity of the offense and the time that has elapsed since the
conviction. Also set out below, in subsections 7 and 8, are the factors that CTHA is to
balance when considering a request to waive the criteria in a particular instance and at
CTHA’s sole discretion.
2. Disqualifying Offenses—No Time Limit: Any applicant household that contains a
Admissions and Occupancy Policy Resolution #_2024-7-1
Page 11 of 33
member who ever was convicted, was found guilty, or entered a plea of guilty or nolo
contendre (no contest), regardless of the adjudication, for any of the following offenses at
any point in time shall be deemed ineligible for CTHA housing: |
a.
b.
C.
©
f.
g.
h
1.
Sexual assault, rape, indecent exposure, lewd and lascivious behavior, or any
crime involving non-consensual sexual conduct;
Felony domestic violence;
Any crimes against children including but not limited to, child abuse, sexual
exploitation of children, child abduction, child neglect, contributing to the
delinquency or neglect of a child, enticing a child for immoral purposes, exposing
a minor to pornography or other harmful materials, incest, or any other crime
involving children as victims or participants; |
Kidnapping;
Murder, attempted murder, intentional homicide, or attempted intentional
homicide; |
Assault with a deadly weapon;
Felony stalking;
. Terrorism; or
Abuse, exploitation, or neglect of a vulnerable adult (disabled or elderly).
3. Disqualifying Offenses—10 Years: Any applicant household that contains a member who
ever was convicted, was found guilty, or entered a plea of guilty or nolo contendre (no
contest), regardless of the adjudication, for any of the following offenses within the last
ten (10) years shall be deemed ineligible for CTHA housing:
a.
b.
C.
d.
Any crime involving violence against persons or threat of or attempt to commit
violence against a person, other than assault with a deadly weapon or felony
domestic violence;
Any charge related to illegal drugs, such as (but not limited to) possession or ©
trafficking of drugs or drug paraphernalia; 7
Grand theft; or
Interfering with a law enforcement officer.
4. Disqualifying Offenses—5 Years: Any applicant household that contains a member who
ever was convicted, was found guilty or entered a plea of guilty or nolo contendre (no
contest), regardless of the adjudication, for any of the following offenses within the last
five (5) years shall be deemed ineligible for CTHA housing:
ao of
Misdemeanor theft
Fraud |
More than one offense for driving while impaired |
Any other criminal offense or misdemeanor not otherwise covered by any of the
above sections or subsections
5. Reguired Information: The criminal background records check will involve obtaining
information from all databases available to CTHA. Applicants must supply the social
Admissions and Occupancy Policy Resolution #_2024-7-1
Page 12 of 33
security number and all identity verification information for all persons to be residing 1 in
the household. |
6. Notice of Denial: If a determination is made that the Applicant does not qualify, the
Applicant shall be notified in writing of the basis of denial.
7. Exception to Disqualifying Factor: Under certain limited circumstances, the Executive
Director may, in his or her sole discretion, grant an exception to a disqualifying criminal
_ background factor if the household can demonstrate to the satisfaction of the Executive
Director that the member of the household with the disqualifying criminal background is
sufficiently rehabilitated as to no longer pose a threat to the community (but see
exceptions in following subsection 8). CTHA and applicants will follow the Waiver
Request procedures provided in Section V.G below. A request for such waiver must be
made in writing, and must contain supporting documentation. In assessing such a request
the decision will be made by assessing the nature and severity of the offense as well as a
variety of surrounding facts and circumstances including, but not limited to:
The age of the individual at the time of the offense;
The number of offenses for which the individual was convicted:
The time which has elapsed since the last offense;
Whether the circumstances arose out of an employment situation.
Completion of probation:
~ Completion of parole supervision;
In the case of a felony, not subject to parole supervision, if more than 10 years
have elapsed after final discharge or release from any term of imprisonment
_ without any subsequent conviction; or | ,
h. In the case of a misdemeanor more than 5 years have elapsed after final discharge
or release from any term of imprisonment without any subsequent conviction. —
gmoaocaS
8. Factors Outweighing Disqualification: If any one of the following factors exist, it shall
mitigate against granting a waiver oft the disqualifying criminal activity criterion:
a. Lack of compliance with terms of punishment (i. e., failure to pay fines or make ©
restitution, violation of the terms of probation or parole); |
b. Unwillingness to undergo, or lack of cooperation in, medical or psychiatric
treatment/counseling;
c. Falsification of an application with the CTHA; and
d. Failure to furnish to the CTHA with additional information or failure to appear for
a conference with the CTHA in relation to the Applicant’ S application.
9. Executive Director’ S Decision j is Final. The Executive Director’ S decision as to whether
to grant a waiver of disqualifying criteria i is final.
10. Inapplicable Records: The following criminal history records shall not be considered i in
connection with a an application for CTHA housing assistance: |
"Admissions and Occupancy Policy Resolution # _2024- 7- 1
Page 13 of 33
a. Juvenile adjudications which have been completely resolved and carried no
obligation and/or accountability into adulthood;
b. Convictions overturned by a higher court; and
c. Convictions that have been the subject of a pardon or expungement. Please note
that under such circumstances, applicants may respond on application as if the
event(s) had never occurred.
a. Verification of Eligibility
a. The CTHA shall verify information provided by the Applicant Family, including income
to be verified through employers or other appropriate forms of obtaining such
information at the time of application for program and upon any update. |
b. All Applicant Families shall provide a release of information form which will allow the
CTHA to verify any and all information required for an Applicant Family to participate
in the program. Such information to be released may include, but shall not be limited to:
family income, family composition, and doctor’s certificates. Failure to provide the
information verification or allow the CTHA to obtain the verification, may result in the
following:
1. A charge of the maximum amount to be charged to a family for the purposes of
establishing Payments, or
2. Not allowing occupancy until such information is obtained; or
3. Placing the Program Participant back on the Waiting List until the information
can be obtained and another home comes available.
—c¢. Failure of an Applicant Family to provide or allow the CTHA to obtain the necessary
information will prevent the Applicant Family from participating in a program until such
time as the necessary documentation is provided and may cause the Applicant Family to
be disqualified.
d. The CTHA shall request information from Applicant Families regarding any felony or
drug conviction and independently check the criminal records of all Applicant Family
members who are applying to reside in CTHA housing prior to admission, and request
updated reviews each year the Applicant Family(s) remain on Waiting List(s).
d. Non-Low-Income Families
a. In cases when a CTHA program is limited to low-income families but that program
permits certain exceptions to the rule, the following exception shall apply:
1. The CTHA may provide housing or housing assistance to a non-low-income
family if it determines that there is a need for housing for the family which
cannot reasonably be met without such assistance;
2. The determination described in part (a) shall be made by written resolution of
the Board before the family may be determined to be eligible;
3. Under certain circumstances set out in 24 CFR §1000.110(c), CTHA may
provide assistance to a non-low-income family with HUD approval-in all other
circumstances, CTHA is required to obtain HUD approval before providing
services to a non-low-income family (unless the assistance is being provided
with funds other than those appropriated under NAHASDA); and
4. The amount of assistance that a non-low-income Indian family may receive will
be determined as follows:
a. the rent or homebuyer payment to be paid cannot be less than (the Income
of the non-low-income family divided by the income of the same size
Admissions and Occupancy Policy Resolution #_2024-7-1
Page 14 of 33
_ family at 80 percent of median income) multiplied by (the rental or |
homebuyer payment of the same size family at 80 percent of median
income); [As an example, assume that the median income is $1000, and
that the income of the non-low-income family is $1000/month. The
income of the same size family at 80% of median income would be $800
(80% of $1000). You would divide the non-low-income family’s income
~ ($1000) by the income of the same family at 80% ($800) which would
~ give you 1.25. Then, you multiply that figure by 30% of the low-income
family’s income ($800 x 30% = $240), which gives you the figure of _
$300. The rental payment of the non-low-income family under this
scenario may not be less than $300.]
b. inno case shall the rent or homebuyer payment exceed the fair market rent
or value of the dwelling;
c. other assistance, including down-payment assistance cannot exceed (the
income of the same size family at 80 percent of median income divided by
the income of the non-low-income family) multiplied by (present value of
the assistance provided to the same size family at 80 percent of the median
income); [As an example, assume a down-payment assistance program
that provides $10,000 in such assistance to low-income families. Assume _
again that the median income is $1000, and that the income of the non-
_ .low-income family is $1000/month. The income of the same size family
at 80% of median income would be $800 (80% of $1000). You would
divide $800 by $1000, which equals 0.8. You would then multiply that
figure (0.8) by the amount of assistance being provided to the low-income
family ($10,000) to give you the figure of $8000. The down payment _
assistance to the non-low-income family cannot exceed $8000.
d. these assistance limitations do not apply to non-low-income non-Indian
families obtaining housing or housing assistance pursuant to the applicable
provisions of this Policy. _ | | |
e. Non-Indian Families—In cases when a CTHA pro gram is limited to Indian
families but that program permits certain exceptions to the rule, the following
exception shall apply:
a. Consistent with the CTHA Essential Family Policy, the CTHA may provide housing or
housing assistance to a non-Indian family within the reservation/Indian area if it
determines that the presence of the family on the reservation/Indian area is essential to ©
_ the well-being of Indian families (such as, but not limited to, health care personnel,
teachers, and law enforcement personnel) and the need for housing for the family cannot
reasonably be met without such assistance; or
b. The determination described in part (a) shall be made by written resolution of the CTHA
_ Board before the family may be determined to be eligible; however, the determination
described in part (b) shall be made based on all other normal eligibility criteria for
_ placement in the low-income rental housing for elderly.
ff. Eligibility Waiver Process.
a. Under certain limited circumstances, the Executive Director may, in his or her sole
discretion, provide an exception to a disqualifying eligibility criteria if the household
can demonstrate to the satisfaction of the Executive Director that the household meets
Admissions and Occupancy Policy Resolution # _2024- 7-1
Page 15 0f33
one of the following exceptions:
1. The household is a Non-Low-Income Family or Non-Indian Family and meets —
an exception provided in Sections V.E and V.F above;
2. The household includes a member with a disqualifying criminal backround and
the household meets the exception requirements provided j in Sections V.C.7 and
- V.C.8 above. | |
3. The household does not meet one of the other eli sibility requirements provided
in Section V of this Policy and the Executive Director, at their sole discretion,
determines that other circumstances exist that support an exception.
b. The following process applies to any exception to of an eligibility criteria:
1. Step 1: Applicants shall fill out and submit to CTHA an Ineligibility Exception
Request Form (Form B) and provide documentation to verity the reason(s) for
the Ineligibility Exception request. |
2. Step 2: CTHA will consider the Applicant's Ineligibility Exception Request
Form and supporting documentation and decide whether to provide an
exception to a disqualifying eligibility criteria. CTHA will not consider any
_ Ineligibility Exception Request Form that is not supported by documentation
verifying the reason(s) for the ineligibility exception request. For an
Ineligibility Exception based on criminal activity, CTHA will follow the
procedures provided in Sections V.C.7 and V.C.8 above. |
a. HUD approval and CTHA Board approval is required for the provision of
_ federally funded housing assistance to Non-Low-Income Families. See
Sections V.E.1.c and V.F. above.
b. CTHA Board approval is required for the provision of federally funded
housing assistance to Non-Indian Families. See Section V.F. above.
c. CTHA will determine whether to approve the Ineligibility Exception
Request for CTHA federally funded housing. If CTHA approves the
Request, CTHA will send the Applicant a Letter of Approval of _
Ineligibility Exception Request (Form C1-Federally Funded Housing)
(see Section V.G.2.c below).
d. If CTHA makes a determination to deny the Ineligibility Exception
- Request for CTHA's federally funded housing, CTHA will immediately
consider whether to approve the Ineligibility Exception Request for
CTHA's Tribally funded housing. If CTHA approves the Request, CTHA
will send the Applicant a Letter of Approval of Ineligibility Exception
Request (Form C2-Tribally Funded Housing) (see Section V. G. 2.C
below). |
e. IfCTHA makes a determination to deny the Ineligibility Exception
_ Request for both CTHA's Federally funded and Tribally funded housing,
_CTHA will send the Applicant a Letter of Denial of Ineligibility Exception
Request, which will contain a brief summary of the reason(s) for the
denial of Federally and Tribally funded housing. (Form D) (see Section
_ V.G.2.c below).
3. Step 3: CTHA will mail the Applicant either a (1) Letter of Approval of
Ineligibility Exception Request (Form C1—Federally Funded Housing or
Form C2-Tribally Funded Housing); or a (2) Letter of Denial of Ineligibility
Admissions and Occupancy Policy Resolution # 2024-7-1_
Page 160f33
IV.
Exception Request (Form D).
a. All Letters to Applicant Families shall be mailed by United States firstclass mail to the last known address of the Applicant Families as reported
on their application or the most recent update thereof.
4. The Executive Director’s decision as to whether to grant or deny a Ineligibility
Exception Request is final.
SELECTION
g. Written Waiting List—When demand for a particular program or for units is
anticipated to exceed anticipated availability, eligible Applicant Families shall be
placed on a written Waiting List for that program in the order based on the date
that each such family was deemed to be eligible by CTHA. When there is a
vacancy for that program, an Applicant Family shall then be selected for program
participation from the Waiting List, with the Applicant Family of the suitable
household size (Gf applicable) with the earliest application being selected, subject
to the preferences and point system selection set out below.
h. Conflicts of Interes:—CTHA, its employees, and its Board members are bound by
and shall follow the standards and procedures for avoiding or mitigating conflicts
of interests as set out in 24 CFR 1000.30-32.
1. Preference and Point System Selection—
1. In selecting eligible applicants to fill vacancies, the CTHA will use a point
system for placement on the Waiting List. Points will be awarded to each
Applicant household according to the Admissions Point System attached as
Appendix B:
b. For Applicant Families ranked according to the point system, the date of application is a
secondary consideration on the approved Waiting List ranking. Consequently,
households with children under the age of 18 will be ranked above families/individuals
without children irrespective of the application date.
j. Victims of Domestic Violence, Family Violence, Dating Violence, Sexual
Assault, or Stalking who are in an Emergency Situation, as defined by the
Domestic Violence Policy Addendum, attached as Appendix A to this Policy, will
be given first, immediate priority for the next available house, over those already
on the Waiting List, regardless of the points that the Victim has under the point
system and no matter what length of time they have been on the Waiting List.
Victims must still meet the other eligibility requirements of this Policy. To the
extent any provision the Domestic Violence Policy Addendum is inconsistent
with any provision of this Rental Admissions and Continued Occupancy Policy,
the Domestic Violence Policy Addendum provision shall apply.
k. Except as provided in paragraph D regarding Victims of Domestic Violence,
Victims of Fire and/or Flood will be given second, immediate priority for the next
available house, over those already on the Waiting List, regardless of the points
that the Victim has under the Point System and no matter what length of time they
have been on the Waiting List. Families have to be eligible according to the
program requirements, be tribal members and a 90-day limit for those families
who may be from 80-100 percent of the national median income.
Admissions and Occupancy Policy Resolution # 2024-7-1
Page 17 of 33
| List of Special Program Requirements (If Any)}—The CTHA has made one or
more Special Program Requirements for certain CTHA programs. These Special
_ Program Requirements are identified below and are part of this Policy.
Failure to Act on an Offer— If, after an applicant is notified that they have been
selected for a unit, the applicant fails to contact the office within a given deadline
1
2)
_ date or refuses a unit, their name will be moved to the bottom of the e Waiting List
A notation will be made on the Waiting List of the date the applicant
failed to contact or refused the unit.
The applicant’ s name will remain on the regular wait list for a six x (6)
month period following the date they were moved before consideration —
~ for preference will be accepted.
3)
4)
5)
6)
The applicant will be required to submit an updated application at the
six (6) month period. After the six (6) month period and a _
determination to move the applicant from the Regular Wait List to the —
Preference List, as long as the criteria a for preference exists.
The applicant will be listed in order of the date they are eligible again
for preference with a notation on the wait list. —
The original date of certification will remain the same.
An applicant whose name is moved to the bottom of the regular wait.
— list will not be allowed to voluntarily remove their name and make re-
application so as to receive consideration for preference during this S1X
(6) month period.
I. Notice of Ineligibility— Bach applicant determined to be ineligible shall be notified in
writing with the reasons and of their right to an informal conference within ten (10) days with —
the CTHA Executive Director and the CTHA staff person determining the ineligibility. The |
decision of the CTHA Executive Director shall be final.
V. REQUIREMENTS FOR CTHA _ HOUSING PROGRAMS
A. General Requirements for All Programs —
1. Utilities—Prior to move in, Program Participants must provide the CTHA with written
proof that the utilities have been unit transferred to the Program Participant’s name. It
shall be the responsibility of the Program Participant to provide any and all utilities to
the unit. The CTHA may establish utility allowances for its Program Participants. If any
monies accrue due to the negative rents, such accrual in monies shall be that of the
CTHA and not the Tenant. The CTHA may set off other funds owed to the CTHA
against any utility allowance. |
(2. Recertification—At any time when the Program Participant's income or family
~ Admissions and Occupancy Policy Resolution # _ 2024-7-1
Page 18 of 33
composition changes during occupancy, the Program Participant is to notify the CTHA
within ten (10) days of the change so that the rents may be recalculated, if necessary. In
any event all Program Participants shall recertify periodically with the CTHA when
_ requested by CTHA. Such recertification shall include filing income adjustment
statements and change in family composition.
3. Rules—The rules for occupancy shall be those required by law. The Tribal Residential
Landlord Tenant Code, leases, and CTHA Rules of Occupancy may also set out rules
that Program Participants must comply with.
4. Controlled Substances and Other Criminal Activity—No controlled substances (as that
term is defined by federal law) or criminal activity (including drug-related criminal
activity) shall be allowed in, on, or around the premises by the Program Participant,
member of Program Participant’s household, or any guest or other person under the
control of the Program Participant. Furthermore, as long as it is prohibited by Tribal
Law, no sale of alcohol shall be allowed. Violation of the requirements of this
paragraph shall be grounds for termination whether or not a criminal conviction occurs.
5. Disturbances or Threats—No disturbances or threats to other CTHA program
participants, other neighbors, or CTHA staff shall be allowed in, on, or around the
premises by the Program Participant, member of Program Participant’s household, or
any guest or other person under the control of the Program Participant.
6. Move-In Inspections—Prior to occupancy, repairs and scheduled renovation work will
be completed to ensure a safe and sanitary environment. The CTHA will conduct movein inspections with the Program Participant to determine the condition of the unit. The
inspection report will be signed by the Program Participant and the CTHA Inspector.
The Program Participant will be given a copy of the report for his/her files. A video
inspection may be conducted by the CTHA. If such inspection occurs, the video is to be
kept in a safe place at the CTHA.
7.. Scheduled Inspections—The scheduled inspections shall take place as follows:
8. Inspections will begin at 90 days, then 180 days after the lease signed, thereafter will be
conducted annually.
9. Move-Out Inspections—The CTHA will notify the Program Participant of the date and
time of the move-out inspection. The Program Participant may be present. The CTHA
shall submit to the Program Participant a written statement of the costs of any and all
damage or maintenance required by the Program Participant to put the home back in a
satisfactory condition. Such costs may be deducted from the Program Participant’s
security deposit.
10. Annual Inspections—The CTHA may conduct a complete interior and exterior
examination of the premises once a year. The CTHA shall notify the Program
Participant to establish a date and time for such inspection. Re-inspection shall be
conducted per notification from CTHA, if Annual inspection failed. If re-inspection
failed, then tenant will enter into a Plan of Action to include other inspections and
follow-up action as agreed upon.
11. Decent, Safe, and Sanitary Conditions—Notwithstanding any other provision of this or
any other CTHA Policy, the CTHA has the right and obligation to make inspections of a
unit at any time, with prior notification to the Program Participant, if the CTHA has
reason to believe that part of the interior or exterior of the unit is not maintained in a
decent, safe, clean, and sanitary condition. Notification will be in writing giving the
Admissions and Occupancy Policy Resolution #_2024-7-1
Page 19 of 33
Program Participant at least 48 hours prior to the time of the inspection.
12. Emergency— CTHA shall have the right to enter the unit without prior notice to
Program Participant if the CTHA reasonably believes that an emergency exists which ©
requires immediate entrance.
-B. Chehalis Tribal Rental Program
I.
2.
3.
VI.
The CTHA Rental Program involves the rental of affordable housing units to qualified
program participants. The units are owned and managed by CTHA.
A security deposit of $400.00 or one month’s periodic rent, whichever is greater, must
be paid by all tenants at the time of signing the lease agreement.
Security deposits shall be kept in a separate account by the CTHA. The security deposit
shall not be used except in the situation where a tenant has moved out and owes the
CTHA past rents or where the tenant has moved out and there is damage to the property
which must be repaired | or where the tenant has other outstanding charges owed by the
tenant.
Security deposits shall be returned to the tenant where the tenant has moved ¢ out and all
past rents are paid and where the tenant has moved out and the premises is left in a
reasonably clean standard with no damage other than ordinary wear and tear.
. After the tenant returns the keys to the CTHA, the CTHA shall forward to the vacating
tenant a written accounting of the use of the security deposit plus a check for the unused
~ amount.
Abandoned or inoperable vehicles are not permitted on CTHA property. Such will be
towed away at the renter expense after a ten day notice is given.
; RENTAL AGREEMENTS
A Rental Agreement will be entered into between the CTHA and each qualified tenant family.
The agreements are to be kept current at all times in accordance with reexamination requirements
found in each Rental Agreement and in this Policy.
1
. Upon qualification to rent from the CTHA a responsible member or both adult members,
if applicable, of each family accepted as a tenant is required to sign the Rental Agreement
in duplicate prior to actual admission. The Rental Agreement shall be reviewed with the —
tenant by the appropriate CTHA staff to explain the terms and conditions of the Rental
Agreement, and such copy kept on file in the tenant’s file in the CTHA office.
Within seven (7) working days of tenant signing the Rental Agreement the tenant
information shall be entered into the automated tenant file system.
. In the event the signatories of the Rental Agreement cease to be members of the tenant
family, the remaining adult family member shall notify the CTHA and, if possible,
procure a Tenancy Release Form signed by the adult member no longer living in the unit.
The remaining adult member in the household shall provide a forwarding mail address of
_ the adult that vacated the unit for notification of the date that they were removed from the
a
household composition.
Cancellation or termination of Rental Agreements will be in accordance with the
provisions contained in such Rental Agreements. —
Subletting of CTHA Rental units by tenants is not allowed.
Successive Remaining Adult Members to Rental Agreements.
a. In the case all signers of the Rental Agreement no longer continue to reside in the
Admissions and Occupancy Policy Resolution # - 2024- 7-1
Page 20 of 33
housing unit, any remaining adult member, eighteen years old or older, shall notify
CTHA as soon as possible. If there is no original signatory of the Rental Agreement
remaining in the unit, the Rental Agreement may be terminated by CTHA, and the
other remaining members of the household shall be in unlawful detainer unless
CTHA decides, at its sole discretion, to execute a new Rental Agreement with the
remaining members of the household.
8. Caregiver Ineligibility to Assume Unit
a. In the event the original lessee(s) vacate the unit, a caregiver that is not a family
member, is not eligible for continued occupancy.
b. A caregiver is defined as a person who resides in the home and who:
(i) is determined to be essential to the care and well-being of the tenant(s)
(11) is not obligated for the support of the tenant(s)
(111)would not be living in the unit except to provide the necessary supportive
Services.
9. Caregiver Ability to Assume Continued Occupancy
a. A caregiver who is a family member may be eligible for continued occupancy, at
CTHA’s sole discretion, provided the following terms are met:
(1) The tenant has notified the CTHA of the addition of the caregiver to their
household and states the familial relationship.
(11) The caregiver maintained full-time occupancy of the unit at the time that original
lessee vacated the unit. |
(111) The caregiver must meet all the same eligibility requirements per NAHASDA
regulations and this policy for rental housing.
VII. REASONABLE ACCOMMODATION FOR PERSONS WITH DISABILITIES
1. The CTHA’s mission is to provide safe, sanitary, and affordable housing to low-income
Tribal members and other American Indians. The CTHA is a housing provider and not a
provider of health care or other social or supportive services. Program Participants are
expected to be able to meet their requirements under their lease or homebuyer
agreements, and a failure to do so may result in termination and eviction.
2. There are occasions, however, where a change in a Program Participant’s circumstances
may render the Program Participant a person with disabilities who is unable to meet his
or her requirements to remain in the unit, particularly in circumstances where the
Program Participant resides in the unit by him or herself.
3. Asacondition of accepting funding pursuant to NAHASDA, the CTHA is prohibited
from excluding qualified persons with disabilities from participating in the CTHA’s
housing programs and from discriminating against qualified persons with disabilities. In
this context, this prohibition means that the CTHA is required to provide qualified
persons with disabilities with a “reasonable accommodation,” if available, to allow them
to continue to reside in their unit.
4. CTHA has adopted a Reasonable Accommodation Policy and Procedures, which shall
be followed in the circumstances described in this section.
VII. USE OF CTHA UNITS
A. Program Participants and the CTHA are jointly responsible to the Community and future
Admissions and Occupancy Policy Resolution #_2024-7-1
Page 21 of 33
generations for ensuring that the CTHA assisted units are used properly and are well
maintained, consistent with applicable program regulations.
B. CTHA rental units are leased in accordance with the occupancy standards set forth below per
number of persons per bedroom size unit: |
a. 1 bedroom: lminimum 2 maximum
b. 2 bedroom: lminmum 4maximum
c. 3 bedroom: 3mininum 6 maximum
d. 4 bedroom: 4minmum 8 maximum
e. 5 bedroom: 6minmum 10 maximum
These minimum and maximum limits may be waived when necessary to make temporary
use of available vacant units; or to house families during cases of emergencies.
C. When it is found that the size of the rental unit is no longer suitable for the family, i.e.;
composition of family increases or decreases, the family may be directed to move to a dwelling
of appropriate size when a unit of such size becomes available.
l.
An inspection and a cost damage assessment shall be prepared and will become the
responsibility of the tenant upon vacating the unit upon transfer to the next assigned
unit.
Rental units will, to the extent units of appropriate size are available, be assigned so it
will not be necessary for children of opposite sex to share the same bedroom.
Except that if necessary, two children of opposite sex under four years of age may share
the same bedroom, one child under two years of age may be permitted to occupy the
parents’ bedroom and if necessary, during continued occupancy one child under four
years of age may be permitted to share the parent’s bedroom.
During the time the applicant or applicant’s family is on the wait list and in the event of
a pregnancy with appropriate information received verifying the pregnancy, the
bedroom size listed for the family will automatically increase by one. This will address
the issue of transferring families in overcrowded situations.
It shall be the responsibility of each Program Participant to show respect for the units
provided by the CTHA and appreciation for the low housing cost by keeping the unit
and grounds in a decent, safe and sanitary condition at all times. Program Participants
shall keep the unit continually occupied and shall keep it neat, clean and in good
condition. The Rental Agreement shall detail the terms and conditions of maintenance
requirements. Failure to maintain the unit and grounds in a safe and sanitary condition
may result in termination of the rental agreement, and tenant will be charged the costs
for clean-up if CTHA carries out the clean-up.
When the need for maintenance arises, Program Participants shall inform the CTHA as
provided in applicable program regulations and the lease or lease/purchase agreements.
Instances of serious abuse or misuse of the unit (including but not limited to damaging,
defacing, vandalizing, destroying, or removing part of the unit), or failure to provide
basic routine or non-routine maintenance as provided in the specific program policy,
lease or lease/ purchase agreements shall be sufficient cause for termination from the
CTHA program.
Program participants in CTHA programs shall use their unit as their principal
residences during the term of the lease or lease/purchase agreement for at least nine
months out of the year. A Program Participant may own or use a residence other than
Admissions and Occupancy Policy Resolution # 2024-7-1
Page 22 of 33
the CTHA unit, but only if permitted under the applicable program policy. Failure to |
use the unit as the primary residence may disqualify a Pro gram Participant from the
program.
9. Pets: No pets are allowed in rental units unless written permission is. granted by the
_CTHA. Written permission may only be provided to rental tenants who are 62 years of
age or older, for a pet that does not weigh more than 25 pounds and that is up-to-date
on its vaccinations (with written confirmation of same to be provided to the CTHA).
Any Program Participant who ‘is authorized by the CTHA to keep a pet on his or her —
- premises must submit a non-refundable pet deposit, the amount of which will be — |
assessed based on a sliding scale based on the income of the Program Participant. This
amount is not.transferable if the Program Participant moves to another unit; a new pet
deposit will be required for the new unit. Any Program Participant who is found to be
in violation of this requirement will be assessed in an amount of $150.00 for each
violation. No dog commonly referred to as a “dangerous breed” dog as defined by the
Chehalis Tribal Code (11.25.040) shall be permitted in any units (whether rental or
_ homebuyer) owned or managed by the CTHA. Nothing in this paragraph shall apply to
“assistance animals” for persons with disabilities, which shall be evaluated under the
-. “reasonable accommodation” criteria set out in Section VIII, above. ;
~ 10. Smoking. Smoking is prohibited inside any CTHA unit, and in the common areas.
_ 11. Program participants may not make any modifications or alterations to the unit. If
Program Participants make modifications without the CTHA’s written approval, such
modifications must be removed at the Program Participant’s expense. If the CTHA
removes the modifications, the cost of such removal will be immediately due and
owing by Program Participant to the CTHA. _ oo |
12. Program Participants shall not erect any aerial, antenna, or TV dishes on the exterior of
the unit without written permission of the CTHA. Program Participants will not install
or have installed any additional wiring on the exterior or interior of the unit for
telephones, televisions, or any other electrical appliances without the express |
permission of the CTHA. Electrical or communications equipment of any kind that |
interferes with neighboring residents are not allowed. | :
13. Program Participants may not install any window brackets or rods, additional locks on
any of the interior or exterior doors or install cameras. Program Participant may not re- —
key any of the locks. Program Participants may have keys provided by the CTHA
duplicated by a licensed locksmith, but all keys must be given to the CTHA if the
Program Participant vacates the unit For Mutual Help Program Participants, if they |
install a new lock they must be fitted to an CTHA master key so that CTHA can access _
the unit if needed.
14. Program Participants must also abide by any other use restrictions specific to the CTHA
program in which Program Participant is participating. So
15. Sublease/Assignment/Transfer Generally Prohibited. Program Participants may not
sublease, assign, or otherwise transfer their interest in any unit, except where —
specifically permitted under the policies for the specific program in which they are
participating.
16. Guests. Program Participants are permitted to have overnight guests stayintheir —
premises with the written permission of the CTHA. Program Participants must provide ©
information regarding the potential overnight guests to the CTHA, who, at the
Admissions and Occupancy Policy Resolution #_2024- is L
Page 23 of 33
discretion of the CTHA Management, may carry out a background check to determine
whether the person is suitable to be on CTHA grounds. No overnight guest may stay in
a Program Participant’s premises for more than fourteen (14) days cumulatively over —
the course of a calendar year. - 7 :
IX. RENTAL AND HOMEBUYER PAYMENTS
A. This section and the procedures set out herein are intended to be implemented in concert with
the applicable program agreement. The purpose of this section is to inform Program
Participants of the CTHA guidelines for the collection of rent, homebuyer, and other _
payments. The objective of these procedures is to collect the amounts owed to the CTHA
and to ensure the continuation of adequate housing services while providing for the safety
and well-being of all Program Participants.
B. Rental/Homebuyer Payments—Program Participants will make monthly rental payments or
homebuyer payments to the CTHA as follows:
1. Monthly rental payments shall be an amount equal to 30% of the monthly adjusted
_ gross family income less a utility allowance if permitted. For purposes of determining
a family’s income for monthly rent payments, the Annual Income of the household
will be calculated as follows:
a. CTHA shall use the adjusted gross income as ‘defined for purposes of reporting
under Internal Revenue Service (IRS) Form 1040 series for individual Federal
annual income tax purposes, using the method that is most beneficial to the
Program Participant, except that the IRS method shall not be used where the
Program Participant or any member of the household receives General Welfare
Exclusion (GWE) payments from the Chehalis Tribe or another tribe that are
intended for the purpose (in whole or in part) of housing, so as to ensure that
GWE payments are calculated as income for purposes of determining the
maximum rent and therefore utilized to pay for housing as intended.
_ b. Ifthe Program Participant or any member of the household receives General
Welfare Exclusion (GWE) payments from the Chehalis Tribe or another tribe that
are intended for the purpose (in whole or in part) of housing, CTHA shall use the
Department of Housing and Urban Development’s definition of annual income
~ used for HUD’s Section 8 programs in 24 CFR part 5, subpart F, as amended —
(except when determining the income of a homebuyer for an owner-occupied
rehabilitation project, the value of the homeowner's principal residence may be
excluded from the calculation of Net Family assets). The entire amount of the
Program Participant’s GWE as well as all other sources of income recognized —
under the Section 8 procedures will be counted toward the Program
Participant’s annual income for the purposes of determining the Program
Participant’s maximum rent. |
c. If CTHA uses the definition of annual income used for HUD’ s Section 8
‘programs, CTHA will follow the procedures laid out in CTHA’s Section 8
Income Calculations Procedures. CTHA will also review, and to the extent
- consistent with the regulations at 24 CFR part 5, subpart F, as amended, utilize
HUD guidance in calculating annual income based on the definition of annual
income for HUD’s Section 8 programs.
2. CTHA will also establish a maximum monthly rents for each type and size of unit it
Admissions and Occupancy Policy Resolution A 2024- 7-1
- Page 2+ 24 of 33
manages. The maximum monthly rents will be based on the fair market rents for such
units in the vicinity. The maximum monthly rents are subject to periodic revision. No
tenant will be charged more than the maximum monthly rent established for the unit
they are renting.
3. Decreases in rent resulting from rent reviews are to be effective the first of the month
following report and verification of the changes. Increases in rents shall become
effective the first of the second month following the changes resulting from rent
reviews. oe | |
4. Ifthe tenant intentionally misrepresents any required information at the time of
admission, annual reexamination, and a rent review caused a family to pay a lower
rent than called for by calculation of rents because of the intentional -
misrepresentations by the tenant, such tenant will be required to pay the difference
between the rent they paid and what they should have paid. If an applicant or resident
knowingly misrepresents their income they are committing fraud, which makes them
— subject to federal penalty under the law.
5. Monthly rental payment for Senior Citizens (65 years of age and older) shall be an
- amount equal to 15% of their monthly adjusted gross family income less a utility
allowance if permitted. |
6. Mutual Help Program Participants who entered the program prior to the enactment of
NAHASDA or otherwise became the recipient of a Mutual Help Program through
transfer of rights or participation and occupancy of the home without NAHASDA
funds being expended on the home in the transition, transfer, and/or initial occupancy
of the home will have their payments calculated to be an amount equal to 15% of the
monthly adjusted gross income less a utility allowance of $400.00, or the minimum —
administrative payment of $350.00 (or $200.00 if in projects 2-5 & 2-7) - whichever is
greater. Maximum monthly payments, based on the fair market rents for such units in
the vicinity, are: $650 for a three bedroom home; $750 for a four bedroom home; and,
$850 for a five bedroom home.
7. Mutual Help Program Participants who entered the program after the enactment of
NAHASDA will have their payments calculated to be 15% of the monthly adjusted
gross family income less a utility allowance of $400.00 unless that amount falls below
the minimum administrative charge of $350.00 per month ($200.00 per month for
projects 2-5 & 2-7). If that occurs, the payment will be based on 30% of their monthly
adjusted gross family income, without the utility deduction, or the administrative
charge - whichever 1s less.
8. Program Participant payments will undergo an interim adjustment in the month that —
the Permanent Fund Dividend(s) is received. This may result in tenants paying the
maximum established rent for that one month but the rent will be re-adyusted in the
following month to the previously determined rental payment. But in no circumstance
shall this interim adjustment exceed 30% of the adjusted gross income for that specific
month. :
9. The minimum income at the time of initial occupancy and participation in the Mutual
_ Help Program shall be at least 50% of the area median income. |
C. Utilities—In addition to monthly rental or homebuyer payments, Program Participants are
expected to pay the cost of utilities to their premises, including water, electric, garbage
pickup, and wastewater sewage. Where a multi-family dwelling unit has a single meter for
Admissions and Occupancy Policy Resolution # 2024-7-1
Page 25 of 33
any or all utilities, the CTHA shall assess each Program Participant a pro-rated utility charge
based on the number of people in each household in the multi-family dwelling unit and the -
overall cost of usage, subtracting out the cost of utilities usage that is for the CTHA common
areas or facilities. Enforcement of this utility charge is subject to the CTHA Board approval
of the methodology and matrix for allocating such charges.
1) Due Date— |
1. Rent and homebuyer payments are due on or before the first day of each month, |
2. Fees for utilities and fees from work orders and/or maintenance are due on the first
day of the month following the date the Program Participant i is invoiced for such
charges.
3. A late fee will be charged if any balance remains on the Program Participant’ S
account after the 10th day of the month, for rent, utility fees, work order fees, and/or
maintenance fees. Failure to make payment by the 10th day after such payments are
| due may also be grounds for termination and eviction.
2) Where and How to Make Payments—
1. All payments and fees due to the CTHA must be made to the CTHA administrative
offices as follows:
(i) By delivering said payment to CTHA staff at the CTHA offices located at 10.
Petoie Dr., Oakville, WA 98568; © 7
or
(11) By mailing said payment to CTHA at:
Chehalis Tribe Housing Authority
10 Petoie Dr. —
Oakville, WA 98568
2. Payments may be made by money orders, cash, or personal checks.
Where a Program Participant takes possession and occupancy of a unit after the first
day of the month, that Program Participant shall make a pro-rated rent or homebuyer
payment (whichever is appropriate) to the CTHA for that first month’s possession and
occupancy based on the number of days they will actually possess and occupy the
unit for that first month. |
Partial Payments—When a Program Participant presents credible evidence clearly
- demonstrating an inability to make full payment beyond the control of the Program
Participant, the CTHA, in its sole discretion, may accept partial payment. Program
Participants are responsible for notifying the CTHA prior to the first day of the month
if they will be unable to make the full monthly payment when due and for requesting
an informal resolution with the CTHA to make partial payments. Late fees will be
applied to any remaining balance due after the due date.
5. Late Payment Fees
| 1. Program Participants are expected to pay monthly rent or homebuyer
payments by the first of every month.
ii. Program Participants are expected to pay fees for utilities and fees from
work orders and/or maintenance on the first day of the month following
| the date the Program Participant is invoiced for such charges. __
— 1. The CTHA will assess a late fee in the amount of $50.00 on any Program
G2
Admissions and Occupancy Policy. Resolution Hf 2024- Tol
Page 26 of 33
Participant who makes only a partial payment, or who fails to make any
payment by the date due.
iv. CTHA will also assess this same late fee on any Program Participant who
fails to make a required payment by the due date under a stipulated
agreement, contract rider, payback agreement, or other agreement or
contract with the CTHA requiring a payment to the CTHA by a specific
date. There will be no grace period. The CTHA will assess a late payment
fee of $50.00 if payment is not made by the due date. The late payment
fee will be due immediately. .
v. The Executive Director shall have the ability to waive any assessed late ©
fee on a case-by-case basis.
X. PROGRAM VIOLATIONS
~ A. Program Violation—Program Participants commit a Program violation by committing any of
the following, or when any member of the Program Participant’s household, guest, or other
person under Program Participant’ s control commits any of the porowing (whether or not
_ Program Participant is aware of the activity):
a. Failing to submit requested verification in a timely manner.
b. Failing to provide verification of social security numbers by providing. a copy of their
social security card.
c. Failing to complete recertification.
d. Failing to report changes 1 in income and/or assets of houschold members 1 in a timely
manner |
e. Vacating the unit in violation of the applicable program agreement and Policy.
f. Failing to use or maintain the unit as required under the applicable program
agreement and Policy. |
g. Conducting themselves personally or permitting members of the household or any
guests or any other persons under their control to conduct themselves 1 in a manner
that:
1. Is ctiminal activity, including drug-related criminal activity;
2. Is disruptive of their neighbors’ right to “quiet enjoyment” of their
units (the CTHA will maintain a record of all complaints);
3. Is activity that threatens the health and safety of, or right to
peaceful enjoyment by, other residents or employees of the CTHA
(the CTHA will maintain a record of all complaints); or
4. Is activity that threatens the health and safety of, or right to
| peaceful enjoyment by, persons residing i in the immediate vicinity
of the Premises.
h. Failing to make payments. Tequired under the applicable pro gram agreement and
Policy. | |
1. Failing to abide by the terms and conditions of the applicable program agreement and
Policy.
j. Failing to abide by all applicable legal requirements for possession of any firearms,
and failing to register any firearms present in the premises with CTHA. |
k. Knowingly allowing a registered sex offender into their premises no matter what the
duration of time such person is on the premises.
- Admissions and Occupancy Policy Resolution # 2024-7-1
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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.