Occupancy Policy
Tribal code
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Text
1.1.
1.2.
1.3.
Occupancy Policy
04/25/02
SECTION 1
ACCESS TO UNITS
The following applies to ALL_ Programs
Client Obligations. Clients are required to allow Housing Department staff into
their dwelling unit for the purposes of conducting “Official Business’.
Examples.
Examples of “Official Business’, which require access to the
dwelling unit, are:
A. Inspections. Performing Inspections (Move-In, Move-Out, Interim,
Annual, Emergency).
B. Home Visits. Conducting individual counseling on a one-to-one basis
(as required).
C. Maintenance. Performing Maintenance (Routine and Preventive).
Inspections. When it becomes necessary for the Housing Department staff to
enter a dwelling unit, the Housing Department shall, to the extent feasible,
furnish the client with advance notice of such Inspection.
A. Inspections (Move-in, Move-Out, Interim, Annual).
(1)
Notification Time Lines: For Move-in, Move-Out, and Annual
Inspections, the Housing Department’s Maintenance Division
Supervisor shall provide the client with a WRITTEN Notice; giving
advance notification of the scheduled inspection date. The
following time-lines shall be utilized as a guide for those
notifications:
(a) Move-in Seventy-two (72) hours
(6) | Move-Out Seventy-two (72) hours
(c) Annual Fourteen (14) Calendar Days
Notification Content: The Inspection Notice shall include the
following:
(3)
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(a) Type of Inspection to be Conducted.
(6) Date of Inspection.
(c) Time of Inspection.
(d) Purpose of the Inspection.
(e) Point of Contact (Name and Phone Number) within the
Housing Department that the client can call in case there
are any questions.
(f) See Appendix 4 for a Sample of the Housing Department’s
“Notification of Scheduled Inspection’ letter.
Reminder Notice: The Housing Department’s Maintenance
Division Supervisor shall make a REMINDER phone call, to the
client, one (1) business day prior to the scheduled inspection.
B. Inspections (Emergency).
(1)
Emergency Criteria. In EMERGENCY situations, it will NOT be
possible for the Housing Department staff to provide the client
with advance notice of the entry / inspection. EMERGENCY
situations which can warrant entry / inspection include, but are NOT
limited to, the following:
(a) | Dog(s) Barking incessantly inside the unit for NO apparent
reason (i.e., possibly indicating distress over an elderly
occupants incapacity to summon help via phone).
(b) Entry Door(s) that have been broken / kicked in and NO
one appears to be home (possibly indicating a break in).
(c) Fire / Flames are visible coming from the dwelling unit.
(d) Law Enforcement Requests (i.e., search warrants).
(e) Smoke is visible coming from the dwelling unit.
(f) Water is visible coming from the dwelling unit.
(g) Window(s) that have been broken out for NO apparent
reason and NO one appears to be home (possibly
indicating a break in).
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(h) Other Situations as determined by Housing Department
Management and approved by the Housing Director.
Advising the Client of Entry. If it is necessary to enter a home,
on an “Unscheduled” basis, under an EMERGENCY situation, and
NO ADULT member of the household is present, the Housing
Department staff that enter the unit shall:
(a) Prepare a “Notification of Emergency Entry’ form
indicating:
1/
2/
3/
4/
5/
6/
a
The nature / circumstances of the EMERGENCY
Situation under which they entered the dwelling unit.
The date and time the dwelling unit was entered.
The name(s) of the Housing Department personnel
who entered the dwelling unit.
Whether or not Police or Fire Department personnel
were called to the unit.
What was done while in the dwelling unit.
The date and time the dwelling unit was vacated and
secured.
Other pertinent comments.
(6) The Housing Department shall maintain an adequate
supply of these forms (made up in triplicate) and distributed
as follows:
1/
2/
3/
A copy of the “Notification of Emergency Entry’
form shall be left at the client’s dwelling unit.
A copy of the “Notification of Emergency Entry’
form shall be forwarded to the Resident Services staff
for filing in the client's permanent Housing
Department file.
The “original “Notification of Emergency Entry’
form shall be filed in the client’s Maintenance File.
See Appendix 5 for a Sample of the Housing
Department’s ‘Notification of Emergency Entry’
G.
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form that is used by the Housing Department staff
following entry of a dwelling unit.
Verification of contents when leaving the unit.
Way for Tenant to change the date of inspection.
Tenant rights for visits. One time to reschedule.
Inspections (Maintenance).
(1)
(2)
Maintenance Inspections (i.e., ANNUAL INSPECTIONS), shall be
conducted in accordance with Section 19 (entitled: /nspections) of
this document and the Housing Department’s MAINTENANCE
Policy.
Clients shall allow Housing Department Maintenance staff access
to their units for the purposes of conducting Maintenance related
Inspections.
1.4. Home Visits. From time-to-time, it may be necessary for the Housing
Department’s Resident Service staff to enter a home to meet with a client.
A.
Purpose. Such visits, are typically called Home Visits, and may be for
the purpose of:
(1)
(2)
Picking up rent.
Checking on the health / welfare of the client.
Ensuring that the unit is being properly maintained.
Ensuring that the unit is clean and sanitary.
Other items as deemed necessary by Housing Department
Management.
Frequency of Visits.
(1)
(2)
Minimum.
(a) At a minimum, the Resident Services staff should conduct a
Home Visit, for each client, at lease once a year.
(b) If staffing allows, more frequent Home Visits (i.e., twice a
year) are encouraged.
Maximum.
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(a) While there is NO maximum number of Home Visits
required, common sense shall prevail.
(b) The purpose of the Home Visit is to conduct “official
Housing related “business”. Home Visits are NOT for
“social calls’.
(c) Repeated Home Visits, to the same home, on a weekly or
monthly basis, are NOT allowed unless the need to do so is
adequately documented. For example:
1/ The client is having a problem with housekeeping and
there is a need to check his / her progress in
correcting the problem.
2/ To check on elderly clients, from time-to-time, to
ensure their well-being.
| The client is elderly and can NOT get to the Housing
Department Office in order to make his / her monthly
payments but is willing to pay staff who stop by.
Client Responsibilities. Clients shall allow the Housing Department's
Resident Services staff access to their units for the purposes of
conducting such Home Visits and Inspections.
Advance Notification. The Housing Department’s Resident Service
Staff shall endeavor to give clients at lease a twenty-four (24) hour
advance notice of the “scheduled” Home Visit. This can be accomplished
by either telephone or formal written notification.
Note: Too much advance notice is NOT recommended because it tends
to diminish the purpose of some Home Visits, particularly in the case of
follow-up checks to see if a client is properly maintaining the home without
supervision.
1.5. Entry for “Routine” and “Preventive” maintenance of Rental Units.
A.
“Routine” Maintenance. The Housing Department’s Maintenance staff
need access to a client’s home in order to perform “routine” or
“preventative” maintenance as scheduled by the Housing Department or
to perform “routine” maintenance requested by the client (i.e., via Work
Order).
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Client Responsibilities. Clients, in ALL Rental Programs, shall allow
the Housing Department’s Maintenance staff access to their units for the
purpose of conducting “routine” and “preventive” maintenance.
Advance Notification. The Housing Department Maintenance staff
shall endeavor to give clients at lease twenty-four (24) hours advanced
notice of “scheduled” maintenance (routine and preventive).
If you're taking an agency rep with you, you need to let the tenant know that you
are.
D.
Use of the Master Key. In the event neither the client (or anyone from
his / her family) are home, when the Maintenance personnel arrive, the
Maintenance personnel shall enter the unit by making use of the “master
key’. This allows the Maintenance staff the opportunity to complete the
needed service calls for which they were dispatched.
(1) | The Housing Department shall retain, on file, a “Permission to
Enter’ form, signed by the client. This “Permission to Enter’
form is worded in such a manner so as to give Housing
Department staff the right to enter a unit in the event the client (or
anyone from his / her family) are NOT home when they arrive.
See Appendix 6 for a Sample of the Housing Department’s
“Permission to Enter’ form.
(2) Acopy of the “Permission to Enter’ form shall be forwarded to
the Resident Services staff for filing in the client's permanent
Housing Department file.
(3) | The “origina? “Permission to Enter’ form shall be filed in the
client's Maintenance File.
Z.1.
Occupancy Policy
04/25/02
SECTION 2
BURNING
The following applies to ALL_Programs
Clients are NOT allowed to burn items outside or on the yard around / adjacent to
their dwelling unit. This Ban on Burning includes, but -is NOT limited to, the
following items:
Except ceremonial fires.
2.2.
A. Branches.
B. Brush.
C. Dried Grass.
D. Garbage.
E. Leaves.
FP. Tires.
G. Wood, etc.
H. Other items as identified by Housing Department Management and
which are made known to it’s clients via public service announcements or
letters.
Clients shall properly dispose of the items noted above, at the local landfill or
place them curbside for pick up on the scheduled trash collection days.
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3.1.
3.2.
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SECTION 3
BUSINESSES
WITHIN THE HOME
or
ON DWELLING UNIT PROPERTY
Rental Programs.
A. Clients in the Rental Programs may NOT utilize their dwelling units for any
type of “in home’ business venture.
List of exceptions — artists, mary kay, avon, etc.
B. Clients in the Rental Programs may NOT utilize their dwelling unit property
for any type of “outdoor’ business venture.
Mutual Help Program.
A. General. Clients in the Mutual Help program MAY, under certain
conditions, utilize their dwelling unit for “in home’ business ventures or
their dwelling unit property for “outdoor’ business ventures.
B. Written Request Required. Mutual Help clients, who desire to operate
a “small business, from their dwelling unit, are required to submit a formal
WRITTEN request to the Housing Department Director before the
business venture may be started.
C. Request Content. That request shall include:
(1) A brief description of the proposed business.
(2) Start up date.
(3) Anticipated impact of the business on the dwelling unit (if any).
(4) | Number of employees.
D. Request Review.
(1) | The Director shall forward ALL such requests to the GTB Advisory
Committee.
(2) Following receipt of the request, the GTB Advisory Committee
shall schedule the clients written request for a review, at their next
regularly scheduled meeting.
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(3) |The GTB Advisory Committee shall be responsible for reviewing
such requests and approving / denying them.
Request Approval Criteria. The GTB Advisory Committee may grant
this privilege when the client provides the following assurances and meets
the following conditions:
(1) | The unit shall remain the client’s PRINCIPLE place of residence.
(2) | The business activity shall NOT disrupt or negatively impact the
basic residential nature of the housing site, neighborhood,
community, or disturb the clients neighbors. This includes
excessive numbers of people coming and going from the premises
(to include pedestrians and vehicle traffic) that would disrupt public
access to area.
(3) | The business shall NOT require any permanent structural changes
to the unit that would adversely affect a future client's use of the
unit.
(4) | The client has a current business license and liability insurance (as
applicable) and has provided Housing with a copy of such
documentation.
(5) The business activity will NOT violate any zoning codes.
(6) After the first six (6) months of operation, whether the business is
profitable or NOT, the client shall provide the Housing Department
with an “/nterim Re-certification’". The purpose of the “/nterim Recertification” is to determine if the clients business is profitable or
NOT, and where necessary, the Housing Department staff shall
make necessary adjustments to the amount of their monthly
payment.
See Section 33 (entitled: Re-Determination of Rent and
Homebuyer Payments) of this document for details on “/nterim Re-
Certifications’.
Request Approval Notification. After the GTB Advisory Committee
has reviewed the request, and rendered a decision (for or against) they
shall notify the client of their decision (approval / disapproval), in
WRITING.
(1) | That decision shall be transmitted, via First Class Mail, to the client
within seventy-two (72) hours of the GTB Advisory Committee
reaching a decision.
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(2) See Appendix 7 for a Sample of the Housing Department’s
“Notification of Review - Home Based Business Request.
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4.1.
4.2.
4.3.
4.4.
Occupancy Policy
04/25/02
SECTION 4
CHANGES
TO
WRITTEN AGREEMENTS
The following applies to ALL Programs
General. The Rental Lease / Homebuyer (MHOA) Agreement (as applicable)
evidence the entire written agreement between the Housing Department and
the client.
Review Requirements. At a minimum, the Housing Department shall review
the Rental Lease / Homebuyer (MHOA) Agreement annually to determine if any
changes are necessary. Changes could become necessary due to changes in
Federal, State, or Tribal Laws / Regulations that affect housing.
Change Review / Approval Process. In the event the Housing Department
determines that changes to the Rental Lease / Homebuyer (MHOA) Agreement
are necessary, they shall be done through a formal review / approval process.
A. The Housing Department Director shall work with the Housing
Department’s attorney to draft the recommended changes.
B. Those changes shall then be submitted to the GTB Advisory Committee,
as an agenda item, at one of their regularly scheduled meetings.
C. The GTB Advisory Committee shall review said changes and
recommend approval / disapproval.
D. The decision of the GTB Advisory Committee, to either approve /
disapprove, shall be duly noted in the minutes of the meeting at which the
decision was made.
E. The recommendation of the GTB Advisory Committee shall then be
forwarded to the Tribal Council for final review and approval (or denial as
the case may be).
Methods of Change. Changes to the Rental Lease / Homebuyer (MHOA)
Agreement can be published as an ADDENDUM or by completely REISSUING a
corrected / updated version of the Rental Lease / Homebuyer (MHOA)
Agreement.
A. Addendum’s.
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While executing a ‘new’ Rental Lease / Homebuyer (MHOA)
Agreement is desired, the Housing Department staff can NOT
demand that the client execute a new Rental Lease / Homebuyer
(MHOA) Agreement.
For legal purposes, the original Rental Lease / Homebuyer (MHOA)
Agreement, remain legally binding documents until they are
terminated by either party.
The terms and conditions of the Rental Lease / Homebuyer
(MHOA) Agreement do, however, allow for ADDENDUM'’s to be
legally binding instruments.
To ensure that clients are aware of published ADDENDUM's, the
Housing Department shall:
(a) Advise clients of any change(s) to the Rental Lease /
Homebuyer (MHOA) Agreement and the effective date of
said change(s) by mailing them a copy of the ADDENDUM.
(b) | The Resident Services staff shall place a copy of the “dated?
ADDENDUM and “dated” Transmittal Letter in the client's
permanent Housing Department file.
Re-Published Agreements.
(1)
The Housing Department shall advise clients of any change(s) to
the Rental Lease / Homebuyer (MHOA) Agreement and the
effective date of said change(s) by mailing them (via First Class
Mail) a copy of the “republished Rental Lease / Homebuyer
(MHOA) Agreement along with the change(s) highlighted.
The Resident Services staff The Resident Services staff a copy of
the “dated” and “republished” Rental Lease / Homebuyer (MHOA)
Agreement, as well as the “dated” transmittal letter, in the client's
permanent Housing Department file.
The Housing Department’s Resident Services staff shall endeavor
to get clients to come in an execute the “republished” Rental Lease
/ Homebuyer (MHOA) Agreement as soon as possible.
(a) | While getting ‘new’ Rental Lease / Homebuyer (MHOA)
Agreement executed is desired, the Housing Department
staff can NOT demand that the client execute a new Rental
Lease / Homebuyer (MHOA) Agreement.
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4.5.
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(b) For legal purposes, the original Rental Lease / Homebuyer
(MHOA) Agreement remain legally binding documents until
they are terminated by either party.
Notifying Clients of Changes. See Appendix 8 for a Sample of the Housing
Department’s “Notification of Change to the Lease Agreement’. This is
mailed to clients (via Regular First Class Mail) to alert them to the fact that there
have been change’s / addendum’s issued to the Rental Lease / Homebuyer
(MHOA) Agreement.
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5.1.
5.2.
5.
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04/25/02
SECTION 5
CLEANLINESS
and
SANITATION ISSUES
The following applies to ALL_ Programs
Cleanliness. Clients shall keep the premises of their dwelling unit, both inside
and out, in a clean and sanitary condition at ALL times.
Garbage.
A. Clients shall NOT deposit garbage, refuse, rubbish or cuttings on any
street, road, or common properties, except on scheduled trash collection
days.
B. Clients shall deposit ALL garbage, refuse, rubbish and cuttings in suitable
metal or plastic containers, as approved by the Housing Department.
Housekeeping.
A. Clients shall ensure proper housekeeping standards are employed in the
upkeep of their unit.
B. Housekeeping responsibilities include, but are NOT limited to the
following:
(1)
Keep common areas (i.e., stairs, hallways, etc.) clean and free of
litter.
Keep ALL rooms in the home / apartment, to include the basement,
clean and sanitary.
Properly dispose of trash and garbage.
Keep appliances and equipment clean and sanitary.
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5.4.
5.5,
5.6.
Occupancy Policy
04/25/02
Weekly (Curb Side) Garbage Pick up.
A.
The Housing Department contracts with the Tribe for curb side garbage
pick-up, within ALL Housing Areas, on a weekly basis. This service is
provided, at NO cost to the clients.
Garbage Pick up will take place on Monday of each week.
Enter time and place for GTB
Garbage should be at the curbside pick up point by 8 a.m. on Monday.
It is the client’s responsibility to take their garbage out to the curbside pick
up point.
It is the client's responsibility to place garbage in approved (metal or
plastic) containers prior to placing it curbside. This is required to ensure
that animals do NOT disrupt it and make a mess. As such, it should be
noted that paper bags and paper boxes, are NOT approved containers.
It is also the client’s responsibility to separate out recyclable materials
from their garbage prior to placing it curbside.
Spring and Fall Clean-up Campaign.
A.
During the Spring (May) and Fall (October) Clean Up Campaigns, the
Housing Department shall place extra dumpsters in ALL of the housing
areas for the convenience of its clients.
These dumpsters are NOT intended for the disposal of “oversized” items.
If clients have “oversized” items (such as furniture, car parts, appliances or
brush for any kind) they should contact the Housing Department so that
special arrangements can be made for pick up / disposal of those items.
Sanitation.
A.
The storage of boxes, bottles, cans, equipment or objects that constitute a
rodent hazard, in and around the dwelling unit, are NOT permitted.
Clients shall refrain from moving furniture, furnishings, and other personal
belongings into the dwelling unit, that are NOT in a clean / sanitary
condition. For example, knowingly moving in roach invested belongings.
Clients shall keep their dwelling units clean and free of garbage so as to
prevent the infestation of cockroaches, vermin and other pests.
For additional information on PEST Control, see Section 29 (entitled:
Pest Control) of this document.
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5.7. Applicable Tribal Ordinance. Grand Traverse Band (Ordinance 87-19, entitled
“Junk Yard Ordinance’) is also applicable and should be referred to for
additional information on keeping the premises clean.
Write ordinance with Mathew for trash.
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SECTION 6
CONDUCT
of
6.1.
6.2.
The following applies to ALL Programs
Criminal Activity.
A.
Clients, any member of the client's household, guest, or other person
under the client’s control, shall NOT engage in criminal activity, including
drug-related criminal activity, on or near the premises.
Additional information, on “Drug Related Criminal Activity’, can be found in
Section 10 (entitled: Definitions) of this document.
Drug Use.
A.
Clients are NOT allowed to use or possess illegal drugs within their
dwelling units or on the premises of their dwelling unit.
Clients found to be using or possessing illegal drugs, within Housing
Department managed dwelling units, or on the grounds of Housing
Department managed units, are subject to IMMEDIATE Termination of
their Rental Lease / Homebuyer (MHOA) Agreement and Eviction
proceedings.
It is NOT the policy of the Housing Department to wait for Criminal
Convictions related to drug use / possession before Termination / Eviction
actions are started. “Reasonable proof’ that illegal drugs / drug
paraphernalia were found in the dwelling unit or on the property is
sufficient to move forward with IMMEDIATE Termination of the Rental
Lease / Homebuyer (MHOA) Agreement and Eviction proceedings. For
the purposes of this policy, Reasonable Proof can be established when
one or more of the following can be established:
(1) Alaw enforcement agency enters a dwelling unit, because:
(a) They received an anonymous tip about drugs being in the
unit and proof of that fact was later borne out by a police
search.
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__CLIENT’s, FAMILY and GUESTS. ss
— (c)— Laws enforcement agencies have had an on-going
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(b) Areferral from the Housing Department staff (i.e., Security
Officer) to a law enforcement agency that they observed
drugs in a unit and proof of that was later borne out by/
during the police search.
surveillance operation and confirmed that the unit was being
used for illegal drug activity (i.e., buying, selling, use) and a
Search Warrant was executed and the unit searched by
police.
(2) A law enforcement agency has conducted a “field test’ on the
suspected drugs, at the dwelling unit, and they determined that
drugs were present in the unit.
(3) A search of the dwelling unit, by a law enforcement agency,
revealed that “drugs” or “drug paraphernalia” were discovered in
the unit and that such “drugs” or “drug paraphernalia’ were
removed as evidence.
(4) | A law enforcement agency has provided the Housing Department
with copies of ALL Incident Reports / Arrest Records / Drug Test
Results that implicate a Housing Department client / unit.
6.3. Termination of Lease / Eviction Proceedings.
A.
Boarding Up the Unit. Armed with the above noted evidence on Drug
Use, Possession, Paraphernalia, the Housing Department Director has
the authority to advise the Resident Services and Maintenance Division
staff to move forward with boarding up the unit. (This, however, shall NOT
be done until the law enforcement agency has finished their investigation
and released the unit back to Housing).
Notification. Once the decision to Terminate / Evict has been made, the
Housing Department Director shall advise the Resident Services staff to
draw up the necessary paperwork required to notify the client of the
Housing Department’s intentions to move forward with IMMEDIATE
Termination of their Rental Lease / Homebuyer (MHOA) Agreement and
Eviction proceedings.
(1) See Appendix 52 for a Sample of the Housing Department's
“Termination of Lease Notice’ form letter.
(2) See Section 25 (entitled: Notices - Housing Department) of this
document for details on Notification Procedures and Section 44
(entitled: Termination of the Rental Lease / Homebuyer (MHAO
Agreement)) for details on Termination.
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(2) See Section 25 (entitled: Notices - Housing Department) of this
document for details on Notification Procedures and Section 44
(entitled: Termination of the Rental Lease / Homebuyer (MHAO
Agreement)) for details on Termination.
(3) Time Lines. The above noted actions shall be initiated, by the
Housing Department, within twenty-four (24) hours of receipt of
“formal notification from Law Enforcement that such a drug related
6.4.
6.5.
6.6.
event took place and involved a Housing Department client / unit.
(4) Supporting Documentation. Supporting documentation for Drug
Use / Possession (as noted in Section 6, Para 6.2.C. above) must
be in place before the Housing Director can direct the staff to
initiate Termination of Rental Lease / Homebuyer (MHOA)
Agreement / Eviction proceedings.
Guests / Visitors.
A. If guests / visitors are going to be in the clients dwelling unit for more than
seventy-two (72) hours, the client must notify the Housing Department.
B. See Section 18 (entitled: {legal Occupants), Section 40 (entitled:
Sub-Letting) and Section 52 (entitled: Visitor Accommodations) of this
document for additional information.
Laws (Federal, State, Tribal). Clients, their family members, and visitors shall
comply with ALL LAWS (Federal, State, Tribal) dealing with Housing and
affecting the use and / or occupancy of the dwelling unit.
Noise.
A. Clients shall exercise extreme care NOT to disturb other residents with
Excessive Noise, including, but NOT limited to that coming from:
(1) | Amplifiers and Speakers (in the car or home).
(2) | Barking Dogs and other Animal Noises.
(3) | Fire and Burglar Alarm systems.
(4) | Motor Vehicle Engines.
(5) Motors (i.e., on Snow Mobiles, Motor Cycles, Four Wheelers, etc.).
(6) Musical Instruments.
(7) — Radios.
(8) Stereo Systems.
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(9) Televisions.
B. Clients cited three (3) or more times for Noise Violations, within a twelve
(12) month period, are subject to Termination of their Rental Lease /
Homebuyer (MHOA) Agreement and Eviction.
6.7. Public Disturbances.
A. Clients shall NOT, engage in or permit their family, friends or guests to
engage in any type of Unlawful Activities, or activities which cause a
Public Disturbance (i.e., in their yards, on the streets in front of their
dwelling unit or in public areas) affecting the rights and comforts of their
neighbors and / or surrounding community. The following list constitutes
some, but NOT ALL, disturbances:
(1) Disturbing the Peace.
(2) Discharging Firearms.
(3) — Fighting.
(4) Public Drunkenness.
(5) Using Profanity or Vulgar Language.
(6) | Roughhousing.
B. Clients cited three (3) or more times for Public Disturbances within a
twelve (12) month period, are subject to Termination of their Rental Lease
IHOA) Agreement and Eviction.
6.8. Supervision of Children.
A. Clients shall properly supervise their dependent children (under the age of
18) at ALL times or ensure that either a babysitter (14 years of age or
older) is supervising them at ALL times.
B. Clients shall NOT allow their children to play on roofs, in parking spaces,
in trees, or other areas where their health and safety are at risk.
6.9 Tribal Ordinances. Clients, their family members, and visitors shall comply
with ALL Tribal Ordinances dealing with Housing and affecting the use and / or
occupancy of the dwelling unit.
6.10. Tribal Housing Policies. Clients, their family members, and visitors shall
comply with ALL Tribal HOUSING DEPARTMENT Policies dealing with Housing
and affecting the use and / or occupancy of the dwelling unit.
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6.11. Violence.
A.
Clients, any member of the client's household, guest, or other person
under the client’s control shall NOT engage in acts of violence or make
threats of violence.
This includes the unlawful discharge of a firearm in the dwelling unit or on
/ near the dwelling unit premises.
6.12. Reporting Problems.
A.
Clients, who want to report a noise complaint, or pass on knowledge of
something illegal in nature, should contact the Grand Traverse Band
Tribal Police Department FIRST. After the proper law enforcement
agency has been notified, then clients should contact the Housing
Department.
It is the hope of Housing Department Management that clients will get
along with one another. However, when a problem arises between
neighbors, Housing Department Management encourages clients to first
discuss the matter with their neighbor(s) in an attempt to resolve the issue.
Clients who are unsuccessful in resolving problems should feel free to turn
in a formal Complaint to the Housing Department Office. Such
complaints must be in writing and signed. Upon receipt, they shall be
processed in accordance with the Housing Department’s Grievance
Policy.
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7.1.
7.2.
7.3.
7.4.
Occupancy Policy
04/25/02
SECTION 7
CONVEYANCE
OF
OWNERSHIP
(Mutual Help Program Only)
General. Conveyance of ownership applies ONLY to the Mutual Help Program.
Opportunity to Buy. The Mutual Help Homebuyer Program provides the client
(homebuyer) with the opportunity to purchase his / her dwelling unit under the
terms and conditions of the Mutual Help and Occupancy Agreement (MHOA).
Lease to Purchase Agreement. The MHOA is a Jease with_an option to
purchase, under which the purchase price declines over the period of occupancy.
A.
Typically, the MHOA is set up under a fifteen (15) or twenty-five (25) year
amortization schedule.
Once that term has been met, conveyance of the home, from the Housing
Department, to the client can take place.
Tracking Payment History. The process to help Mutual Help clients understand
where they are, from year-to-year, begins at time of MOVE-IN.
A.
At time of MOVE-IN, the Housing Department’s Resident Services staff
shall furnish each client (homebuyer) with a statement indicating the initial
purchase price for his / her dwelling unit, and a purchase price schedule or
amortization schedule.
Thereafter, the Housing Department’s Resident Services Staff shall
provide the client with an Annual Statement showing the following:
(1) Total Payments made during the previous year.
(2) Balance in the MEPA.
(3) Balance on the purchase / amortization schedule.
(4) See Appendix 9 for a Sample of the Housing Department’s
“Mutual Help Annual Statement’.
(5) Clients are encouraged to monitor their Annual Statement
So that they know when they are getting close to having the
dwelling unit paid off and ready to be conveyed to them.
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7.5. Eligibility Requirements for Conveyance. A Mutual Help dwelling unit shall
be eligible for conveyance when the client (homebuyer) has met ALL of the
obligations of the MHOA. This includes, but is NOT limited to, the following:
A. Arrears. The homebuyers account must be current. In other words, there
is NO arrears balance.
(1) Homebuyers with Delinquencies
(a) If a Homebuyer has a delinquency at the end of the
amortization period, the unit shall NO longer be eligible for
assistance from HUD or the Housing Department, even
though the unit has NOT been conveyed.
(b) | Under such circumstances, the Housing Department shall
take action to:
1/ Terminate the Homebuyer (MHOA) agreement.
or
2/ Develop a Repayment Schedule for the remaining
balance to be completed in a reasonable period of time,
but NOT longer than three (3) years.
al The payment shall be equal to a monthly prorated share of the remaining balance owed by
the Homebuyer.
plus
b/ The established Housing Department
Administrative Fee. This is used to cover the
cost of Property Insurance and the Housing
Department's administrative costs for running
the Housing Program.
(c) If the Homebuyer fails to meet the requirements of the
Repayment Schedule, the Housing Department shall
proceed immediately with Termination of the MHOA and
eviction.
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Occupancy Policy
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B. Paid in Full. The purchase price has been paid in full. The purchase
price shall be the amount shown on the purchase price / amortization
schedule for the month in which the settlement date falls.
(1) This can be achieved when the FULL term of the MHOA has been
met.
or
(2) Earlier when the amount of the MEPA meets the purchase price /
amortization schedule balance.
(3) Additionally, homebuyers may supplement the amount in the MEPA
to achieve an “earlier payoff.
C. Closing Costs. Payment for Settlement and Closing Costs (as
applicable) has been made by the client.
D. Attorney’s Fees. Payment for Attorney's Fees (as applicable) have been
made by the client.
E. Insurance. Payment of first years Homeowners Insurance has been
made by the client.
(1) Clients are required to obtain and pay for this insurance on their
own.
(2) Clients shall provide the Housing Department with a copy of their
Homeowners Insurance Policy / Binder PRIOR to the scheduled
closing date. _
F. Taxes. Proof of payment by the client, of his / her first year’s taxes (if
applicable).
7.6. Early Payoff. The client (homebuyer) may speed up the purchase process for
the unit if he / she so desires.
A. The client may pay the balance owed, at any time during his / her
occupancy to achieve early pay off.
(1) | This can be done by providing the Housing Department with
“personal funds” or by obtaining a “private sector mortgage
loan’.
(2) If the client is able to obtain outside financing and pays off the
balance owed, the Housing Department agrees to release the
client from the MHOA and convey title for the dwelling unit to the
client.
B. In addition to early pay off, ALL current obligations, under the MHOA,
must be have satisfied by the client.
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7.7. Conveyance Procedures. Conveyance procedures are as follows:
A.
Re-verifying Information. Before the Housing Department notifies the
client of the “anticipated” payoff date / conveyance, the Housing
Department’s Resident Services staff shall reconcile ALL of the clients
accounts and financial documents to ensure accuracy.
Notification Content. Following that reconciliation, the Housing
Department’s Resident Services staff shall provide the client with
WRITTEN notification of the “anticipated” payoff date, approximately thirty
(30) calendar days in advance of the payoff date. That notification shall
include the following:
(1) Balance. A statement showing the balance owed.
(2) Date. The approximate date of payoff.
(3) Associated Costs. An estimate of ALL anticipated “settlement”
costs that are to be paid by the Homebuyer. Settlement costs are
the costs incidental to acquiring ownership. While each conveyance
is different, the following list represents common “settlement” costs,
charges and fees that may come into play.
(a) Attorney (other than the Housing Departments).
(b) Closing.
(c) Credit Report.
(d) Field Survey.
(e) Financing Fees. —
(f) Inspections.
(g) | Mortgage Loan Discount.
(h) Recording.
(i) Title Examination.
(J) Title Insurance.
(k) Transfer Taxes.
(4) Counseling. That pre-closing counseling is available to the client.
(5) Homeowners Insurance. Proof (i.¢., a copy of the Policy or the
Binder) showing that the client has secured one years worth of paid
Homeowners Insurance is required. Clients shall provide this to the
Housing Department at least one (1) week prior to the scheduled
conveyance date.
(6) See Appendix 10 for a Sample of the Housing Department’s
“Notification of Pending Conveyance’ form letter.
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Lease Requirements. It shall be the responsibility of the Homebuyer to
apply for and obtain a land lease for the tribal trust land upon what his /
her home is located on. This shall be done in accordance with the tribes
Policies and Procedures for this process. Clients shall be referred to the
Tribal Land Use office for assistance on this matter.
Preparation of Documents.
(1) In anticipation of the Conveyance, the Housing Department’s
Resident Services staff shall prepare ALL of the necessary
documents and perform ALL required transactions to enable the
Housing Department to convey its “right’, “title’, and “interest” in
the home to the homebuyer.
(2) At the closing, the Housing Department’s Resident Services staff
shall provide ALL of the necessary documents to complete the
transaction.
Pay Off. Once the client has paid off the balance due on his / her Mutual
Help home and other necessary settlement costs, the Housing
Department’s Resident Services staff shall notify the homebuyer of the
“actual closing date.
Executing the Documents.
(1) The client shall execute ALL of the required documents and legal
__ instruments associated with the conveyance process.
(2) |The Housing Department Director (or his / her designate) shall
execute ALL of the required documents and legal instruments
associated with the conveyance process, on behalf of the Housing
Department
(3) Both the Programs Manager and the Finance Officer can
“notarize’ documents on behalf of the Housing Department.
Those documents associated with conveyance / transfer of title
(that require notarization as specified in local law) shall be
notarized by one of the above noted staff members.
Distribution of Signed Documents.
(1) The client shall receive a copy of the Settlement Statement
detailing ALL charges and a copy of the warranty deed (or other
instrument conveying the home, i.e., lease agreement).
(2) A copy of ALL executed conveyance documents shall be filed in
the client’s permanent Housing Department file to show that the
(3) transaction has been completed.
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7.8.
7.9.
7.10.
7.11.
Occupancy Policy
04/25/02
Transfer of Title.
A.
Once the transaction (conveyance) is completed, the Housing
Department’s Resident Services staff shall file and record ALL of the
necessary legal instruments.
The original (recorded copy) of the deed or other legal instrument shall be
mailed (via Certified mail) to the client within thirty (30) calendar days of
closing.
Proceeds from Sale.
A.
ALL Proceeds from Sale (i.¢., the balance in the MEPA), of Mutual Help
homes, goes to the Housing Department.
The Housing Department, is charged by law, to utilize those Proceeds
from Sale for future “affordable housing” activities in accordance with
NAHASDA.
Withdrawal from the Program - Prior to Conveyance. If a client voluntary
withdraws from the Mutual Help program prior to conveyance, the following shall
apply:
A..
NO Compensation for Improvements. Clients (Homebuyers) shall NOT
be compensated for any improvements they made to the home during
their term of occupancy.
Stove / Refrigerator. Clients may, however, take the stove and
refrigerator with them. These items were new when the client moved in
and are replaced prior to the new client moving in (costs coming out of the
clients MEPA).
Impact on MEPA. When a client (Homebuyer) voluntary withdraws from
the Mutual Help program, any money that remains in the clients MEPA
shall be disposed of in accordance with the Homebuyer (MHOA)
Agreement and the procedures laid out in Section 44 (entitled:
Termination of the Rental Lease Agreement / MHOA) of this document.
Disposition of Vacated Mutual Help Houses.
A.
Repair / Rehabilitation of the Unit. After the client vacates the unit, the
Housing Department shall repair and or rehabilitate the unit in order to
bring it up to a clean, healthy, and sanitary standard for the new client. In
addition to the above noted repairs/rehab work, the carpet, stove and
refrigerator shall be replaced. The furnace and hot water heater shall
NOT be replaced if they are still serviceable. All costs incurred in this
process shall be billed to the vacating client.
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Occupancy Policy
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Selecting a New Homebuyer. The Housing Department shall select
another qualified family from the TOP of the Mutual Help waiting list to
occupy the vacated Mutual Help home.
Establishing a New Purchase Price. The Housing Department shall
establish a NEW purchase price for the vacated Mutual Help home.
(1) To help determine that NEW purchase price, the Housing
Department’s Resident Services Manager shall hire a professional
appraiser do to an appraisal on the unit. The appraiser shall
ensure that the land costs (associated with trust land) are backed
out of or compensated for in the appraisal.
(2) | That appraisal shall become part of the NEW client’s permanent file
that is maintained by the Housing Department’s Resident
Services staff.
New Amortization Schedule. A NEW amortization schedule shall be
established.
New MHOA. A NEW MHOA shall be executed.
See Appendix 29 for a Sample of the Housing Department’s “MHOA’.
7.12. Post-Conveyance Modernization or Other Housing Assistance.
After homes are conveyed, many clients feel they are still entitled to
services from the Housing Department with regards to their home.
The purpose of this paragraph is to clarify that once a Mutual Help
~ dwelling unit has been conveyed, it is NO LONGER ELIGIBLGE for
housing assistance under the Mutual Help program.
Former Mutual Help clients may, however, be eligible for other Housing
Assistance, rehabilitation loans / grants, loan programs, etc.
(1) As with ALL housing related programs, funding is usually limited
and restricted to fixed eligibility criteria.
(2) | The sponsor, of the program being applied for, typically establishes
funding levels on a yearly basis.
(4) Some of the common sources for other Housing Assistance
include, but are NOT limited to, the following:
(a) | HUD (NAHASDA).
(6) | HUD Section 184 Loan Guarantee.
(c) The Bureau of Indian Affairs (BIA) Home Improvement
Program (HIP).
(d) Indian Health Service (IHS).
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(4)
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04/25/02
(e) U.S.D.A., Rural Development (Section 502 and 504 Loan
programs).
(f) The State of Michigan.
(g) | The Grand Traverse Band of Ottawa and Chippewa Indians
(Tribal Loan Fund).
(n) The Grand Traverse Band Housing Department
(Emergency Home Repair — Revolving Loan Fund).
Clients interested in the above noted programs are encouraged to
check with representatives of those programs for further details.
7.13. Housing Department Obligations following Conveyance.
A.
Notify Insurance Carrier.
(1)
(2)
The Housing Department Resident Services staff shall notify the
Housing Department’s insurance carrier (i.e., AMERIND) that the
Mutual Help home has been conveyed.
This is necessary to obtain reduced (or pro-rated) premium rates
for the Housing Department’s Insurance coverage of these
homes.
Advise HUD / ONAP of the Reduction in CAS.
(1)
It shall be the responsibility of the Housing Department Director to
inform HUD / ONAP of the number of conveyed Mutual Help unit(s) —
so that the Current Assisted Stock (CAS) numbers used for
NAHASDA IHBG Formula funding purposes can be adjusted
accordingly.
This action will typically be done during the summer months,
following receipt of a formal letter from the HUD / ONAP office. In
that letter, HUD / ONAP will advise the Tribe / TDHE of their
“anticipated” IHBG allocation for the upcoming FFY. HUD / ONAP
will also ask the Tribe / TDHE to verify their IHBG formula data.
Part of that entails confirming the “correct? number of CAS units
remaining under management. This process normally occurs about
sixty (60) calendar days prior to the start of the new FFY (or the
June / July time frame of each year).
It is critical that the Housing Director report these changes to HUD /
ONAP and that he / she keep the CAS numbers current. Failure,
on the part of the Director to do so, can result in HUD withholding
future year IHBG funds to compensate for the overpayment in
Mutual Help subsidies (approximately $528 per unit) for units NO
longer under management. This is done by HUD / ONAP, in
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Occupancy Policy
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accordance with NAHASDA, to recoup unauthorized subsidy
payments on conveyed Mutual Help units.
June — September to correct formula.
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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.