# Occupancy Policy > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Agrand_traverse%3A1eecbe61ee94c46f ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## 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) Occupancy Policy 04/25/02 (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). Occupancy Policy 04/25/02 (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. Occupancy Policy 04/2502 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. Occupancy Policy 04/25/02 (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). Occupancy Policy 04/25/02 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. 10 3.1. 3.2. Occupancy Policy 04/25/02 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. 11 Occupancy Policy 04/25/02 (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. 2 Occupancy Policy 04/25/02 (2) See Appendix 7 for a Sample of the Housing Department’s “Notification of Review - Home Based Business Request. 13 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. 14 Occupancy Policy 04/25/02 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. 15 4.5. Occupancy Policy 04/25/02 (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. 16 5.1. 5.2. 5. Occupancy Policy 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. 17 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. 18 Occupancy Policy 04/25/02 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. 19 Occupancy Policy 04/25/02 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. 20 __CLIENT’s, FAMILY and GUESTS. ss — (c)— Laws enforcement agencies have had an on-going Occupancy Policy 04/25/02 (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. 21 Occupancy Policy 04/25/02 (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. 22 Occupancy Policy 04/25/02 (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. 23 Occupancy Policy 04/25/02 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. 24 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. 25 Occupancy Policy 04/25/02 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. 26 Occupancy Policy 04/25/02 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. 2t Occupancy Policy 04/25/02 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. 28 Occupancy Policy 04/25/02 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. 29 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. 30 Occupancy Policy 04/25/02 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). 31 (4) Occupancy Policy 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 32 Occupancy Policy 04/25/02 accordance with NAHASDA, to recoup unauthorized subsidy payments on conveyed Mutual Help units. June — September to correct formula. 33 [OCR skipped on page(s) 31-51] [Read from a scan; the first 30 pages.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Agrand_traverse%3A1eecbe61ee94c46f. Public record. Not legal advice.