# The following applies to ALL_ Programs

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Agrand_traverse%3A29e8654d56af8aaa

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

Occupancy Policy
04/2502

SECTION 11
EMERGENCIES

The following applies to ALL_ Programs

11.1. Emergencies Requiring Housing Department Notification / Response.

A.

Emergency notification, of Housing Department staff, shall be limited to
those Emergencies affecting housing units that are under management of
the Housing Department.

Examples of some of the more common Emergencies, that require
Housing Department Notification and Responses are:

(1) An abandoned unit (that needs to be boarded up to secure the
unit).

(2) | Dog(s) barking incessantly inside the unit with NO response from
anyone inside.

(3) Entry door(s) that have been broken / kicked in (and need to be
boarded up to secure the unit).

(4) Fire / flames are visible coming from the unit.

(6) Smoke is visible coming from the unit.

(7) A water main break (that requires access to the main shut off
valve, inside the house, in order to minimize damage).

(8) | Water coming from the dwelling unit (that requires access to the
main shut off value, inside the house, in order to minimize

damage).

(9) | Window(s) that have been broken out (and need to be boarded up
to secure the unit).

11.2. Emergencies During Normal Business Hours.

A.

When Emergencies occur, during Normal Business Hours, clients shall
contact the Housing Department staff, by calling the Housing
Department Office Manager at (231) 271-4473.

The Office Manager shall ensure that calls are forwarded to the
appropriate Housing Department staff.

Housing Department staff shall respond to Emergencies immediately,
upon notification.

55
Occupancy Policy
04/25/02

11.3. Emergencies After Normal Business Hours.

A.

When Emergencies occur, After Normal Business Hours, clients can
contact the Housing Department staff, by calling the Emergency Beeper

Number: (231) 318-0149

The Police Department maintains an Emergency Contact List of key
Housing Department staff (and their phone numbers) and shall ensure

that they are advised of Emergencies.

Housing Department staff shall respond to Emergencies immediately,
upon notification.

The Housing Department Office Manager shall ensure that the
Emergency Contact List is updated and forwarded to the Police
Department (and Housing Director) at least quarterly.

56
Occupancy Policy
04/25/02

SECTION 12
FENCING

The following applies to ALL Programs

12.1. General.

A.

B.

lf NOT already fenced, clients may fence in their yards.

Clients interested in putting up a fence on the property of their dwelling
unit shall submit a WRITTEN request to the Housing Department

Director, PRIOR to installation.

12.2. Client Request Content. The clients WRITTEN request shall include the
following:

A.
B.
C.

E.

Unit (House / Apartment) Address / Number (as applicable).

Unit Location (project / area).

Narrative description of where the fence will go accompanied by a sketch
or drawing of where the fence will go.

Specifications (i.e., dimensions of the fence and type of materials to be
used).

Projected start date of work on the fence.

12.3. Housing Department Review of Request.

A.

The Housing Department Maintenance Division Supervisor shall review
the information submitted to ensure that the:

(1) Plan is structurally sound.

(2) Proposed fence shall NOT adversely impact existing sewer / water
lines, utility easements, road easements, etc.

(3) Proposed fence shall NOT impair the value of the home, the
surrounding homes, or the project.

(4) Proposed fence shall NOT impair the use of the home for
residential purposes.

57
Occupancy Policy
04/25/02

(5) | Proposed fence shall NOT violate the requirements stipulated in
local building codes / ordinances regarding design and

construction.
B. If it is determined that the proposal does NOT violate any of the issues (as

noted above), the Housing Department’s Maintenance Division
Supervisor shall recommend approval to the Director and the GTB

Advisory Committee.

12.4. Housing Committee Review / Approval. The client shall appear before the
GTB Advisory Committee during their review of his / her request for fencing.

A. This will afford the committee members with an opportunity to ask the
client questions before they make their final determination (for or against)

the request.

B. The FINAL decision of the GTB Advisory Committee shall be forwarded
to the client, within seventy-two (72) hours of the Housing Committee
reaching a decision. That decision shall be in WRITING and forwarded to

the client via First Class mail.

C. Copies of that decision shall be filed in the client's permanent Housing
Department files (one to Maintenance and one to Resident Services).

12.5. Funding for Fencing.

A ALL costs associated with installing “client requested’ fencing shall be
borne by the client - NOT the Housing Department.

B. Mutual Help Only.

(1) Clients in the Mutual Help program are PROHIBITED from
obtaining financing for fencing, if that financing involves a LIEN
being placed on the dwelling unit. The dwelling unit and property
MUST remain unencumbered until conveyed to the client.

(2) Clients in the Mutual Help program may NOT use their MEPA
accounts to pay for the installation of fencing.

12.6. Fence Agreement. [If installation of fencing is approved, the client shall be
required to execute a Fence Agreement that binds him / her to abide by the

following:

A. Client agrees that fencing shall be within the boundaries of the lot being
fenced. In other words, along the lot line.

58
12.7.

12.8.

Occupancy Policy
04/25/02

B. Client agrees to check with the Tribal Land Use Office, to schedule an
appointment to get the property staked out, PRIOR to installing any type of
fencing. This will ensure that fencing is installed on the property lot lines.

C. Client agrees to contact DIGGERS HOTLINE and have them check the
property for buried utilities (i.e., phone lines, electric lines, natural gas
lines, T.V. Cables, etc.). This will be done PRIOR to installing any type of
fencing to ensure there are NO obstructions when digging fence post
holes thus helping to prevent personal injury and property damage.

D. Client agrees that fencing shall NOT extend any further, toward the road /
street, than the point of the residence closest to the street. See illustration

below:
i ae
E ‘
N ;
Cc :
E HOUSE :
Road / Street
E. Client agrees to pay for ALL costs related to the installation of the fencing.
F. Client agrees to properly maintain the fence once installed.

G. Client agrees to remove the fencing at time of MOVE-OUT and restore the
property to its original state.

H. | See Appendix 13 for a Sample of the Housing Department’s “Fence
Agreement’ form.

Fence Maintenance. Once fencing is installed, clients shall properly maintain it
so as NOT to create an eye sore in the community.

Disposition at Time of Move-Out. At time of MOVE-OUT, clients shall return
the property to its original state. In other words, remove the fencing (at their
expense) and properly dispose of ALL materials.

59
12.3.

12.10.

Occupancy Policy
04/25/02

lf the client fails to remove the fencing and return the property to its
original state, the Housing Department shall take care of it. The client

however, shall be billed for any expenses incurred.

See Section 50 (entitled: Vacating Units) of this document for details on
billing, collecting, and the consequences of NOT paying for rightful

obligations.

Compensation after Move-Out.

A.

After Move-Out (either at the client’s doing or as mandated by the Housing
Department), the client shall NOT be entitled to any monetary
compensation for expenses incurred while installing the fence.

If the client has any outstanding liability (i.e., a loan or other financing) for the
cost of the fence, that liability may NOT be assigned to the Housing

Department following a voluntary or involuntary Lease Termination.

Fence Specifications Guide. See Appendix 14 for a Sample of the Housing
Department’s “Fence Specifications’ Guide. This provides additional
information on the types of fences allowed, recommended materials, limits on

dimensions, etc.

60
13.1.

13.2.

13.3.

Occupancy Policy
04/25/02

SECTION 13
FIREARMS

The following applies to ALL Programs

General. Firearms, as defined in this document (See Section 10 entitled:
Definitions), are prohibited from being used (discharged) or stored in any
dwelling unit under management of the. Housing Department.

Rational. Housing Department management is concerned for the safety and
well being of ALL our clients and in particular the children in our community. It is
our hope that by abiding by such a policy, the accidental discharge of firearms

can be eliminated or greatly reduced.

Exception for Hunters. The Housing Department recognizes the rights of

hunters to use firearms during hunting season(s). If firearms are to be
“temporarily” stored in the housing unit, during hunting season, then they must be
stored out of reach of children, they must have ALL ammunition removed, and

they must have a trigger lock in place.

Violations.

A. Should a client, a clients family member, or a clients guest get caught
bringing a firearm into a Housing Department managed dwelling unit,
the client shall be subject to IMMEDIATE Termination of his / her Rental
Lease / Homebuyer (MHOA) Agreement and Eviction.

B. Should a client, a clients family member, or a clients guest get caught
discharging a firearm in a Housing Department managed dwelling unit
(or on the dwelling unit property), the client shall be subject to
IMMEDIATE Termination of his / her Rental Lease / Homebuyer (MHOA)

Agreement and Eviction.

C. Before Termination of the Rental Lease / Homebuyer (MHOA) Agreement
and Eviction proceedings can go forward, there must be third party
verification that a Firearm offense (as described above) actually took
place. Typically, this will come from the Police Department via a Police
Incident Report. Such reports specify the date, time, location and parties

61
14.1.
14.2.

14.3.

14.4.

14.5.

14.6.

Occupancy Policy
04/25/02

SECTION 14
FIRE EXTINGUISHERS

The following applies to ALL Programs

General. One (1) or more fire extinguishers have been placed in ALL units
under management of the Housing Department as a first defense against fires

in the home.

Location of Extinguishers. Because fires most often start in the kitchen, fire
extinguishers have been mounted somewhere in the kitchen area of each
dwelling unit and as close to the stove as possible.

Demonstrations on Extinguisher Use. Clients shall be given a demonstration,
on how the fire extinguisher works, during the Move-In Inspection. If, for some
reason it is NOT done at that time, clients may request a demonstration from
Housing Department staff at any time by calling the Housing Department

Maintenance Division and making an appointment.

Tampering with Extinguishers. Clients shall NOT tamper with or remove fire
extinguishers from the dwelling unit.

A. Tampering with or removing fire extinguishers from a dwelling unit is
grounds for Termination of the Rental Lease / Homebuyer (MHOA)

Agreement and Eviction.

B. If a fire extinguisher is NOT in the unit, at time of MOVE-IN, clients should
make this fact known to Housing Department staff IMMEDIATELY so

that one can be placed in the unit.

Periodic Inspection of Extinguishers. Housing Department Maintenance
Division staff shall ensure that fire extinguishers are in proper operating order at
ALL times. To do that, certified checks shall be conducted at least “annually”
and more frequently as time and resources permit. Each Fire Extinguisher has a
“certification tag” attached to it. These are used, by the maintenance staff, for

documenting those Inspections.

Reporting Fire Extinguisher Failures. If a client has to use a fire extinguisher,
and finds that it is NOT operating correctly, they shall notify the Housing
Department IMMEDIATELY so that a replacement can be provided.

62
Occupancy Policy

SECTION 15
FIRES
The following applies to ALL Programs
15.1. Who to Call.
A. In the event of a fire, in a dwelling unit that is under management by the

Housing Department on the Reservation, clients should IMMEDIATELY
notify local law enforcement authorities.

B. This is necessary because ALL fire departments, on the Reservation, are
“Volunteer’ in nature and are NOT manned on a 24-hour a day basis.

15.2. The Number to Dial.

A. Toreport a fire, clients should call the Grand Traverse Band Housing Staff

Phone List
Office: 4473 Admin: 3538
Fax: 2025 Fax: 7568
Bonnie Inman: 7941 Carol Foster: 4473
Cell: 342-0933 Office Cell: 357-4561
DatleDePetro: 7170 Deborah—Bennett: 7449
Cell: 342-0937 Office Cell: 357-4186

Pager: 318-0149

E-mail 0 HYPERLINK mailto:gtbhousing@GTBIndians.com
Ogtbhousing@GTBIndians.comO

Housing Emergency Beeper: 318-0149
Tribal Police Department by dialing 911.

63
Occupancy Policy
04/25/02

The Police Department dispatcher shall, in turn, notify the appropriate
volunteer fire department in that area so that they can be dispatched to

the affected unit.

Additionally, after the Fire Department has been notified, the Police
dispatcher shall notify the Housing Department Security Officer and

Maintenance Division Manager of the fire.

15.3. After the Fire.

A.

Following a fire, and Police / Fire Department investigations, the Housing
Department Maintenance Division Manager shall ensure that the unit is
boarded up (if necessary — based on the extent of damage).

The Housing Department Maintenance Division Manager shall contact
the Tribes Insurance Department to report the fire.

The Maintenance Division Manager shall also accompany the Insurance
Adjuster during his / her site visit.

D. Following the Insurance Adjusters formal “estimate” of damages, and amount

allowed under the claim, the Maintenance Division Manager shall schedule
repairs as needed being mindful of what we have to work with (dollar wise).

64
Occupancy Policy
04/25/02

SECTION 16
FLAMMABLES

The following applies to ALL Programs

General. Clients shall take every precaution to prevent fires from occurring
within their dwelling units.

Preventative Measures:

A. Clients shall NOT store flammables (such as gasoline, kerosene, solvents,
etc.) inside their dwelling unit. These types of flammable materials shall
be kept, in proper and authorized storage containers, and stored outside

the dwelling unit.

B. Clients shall make every effort to keep children from playing with matches.

65
17.1.

17.2.

17.3.

17.4.

Occupancy Policy
04/25/02

SECTION 17
GRIEVANCES

The following applies to ALL Programs

General. Clients are entitled to submit formal GRIEVANCES to the Housing
Department if they feel they have valid grounds for such a GRIEVANCE.

When to File. Some of the circumstances, under which a client may file a
GRIEVANCE, are:

A. The client feels he / she has NOT been getting the level of service they
deserve from the Housing Department.

B. The client feels he / she is having problems with Housing Department
Staff.

C. The client feels he / she is having problems with other Housing
Department clients.

D. Disputes (between the client and Housing Department) arising from the
Terms and / or Conditions of the Rental Lease / Homebuyer (MHOA)

Agreement (as applicable).

Grievance / Compliant Form. See Appendix 15 for a Sample of the Housing
Department’s “Grievance / Complaint’ form. This shall be used by clients
when filing a GRIEVANCE / COMPLAINT.

Additional Information. Additional information, regarding the procedures for
lodging and resolving formal GRIEVANCES, can be found in the Housing

Department’s GRIEVANCE Policy.

66
18.1.

18.2.

18.3.

18.4.

Occupancy Policy
04/25/02

SECTION 18
ILLEGAL OCCUPANTS

The following applies to ALL Programs

General. From time-to-time, clients allow individuals to occupy their units, for
extended periods of time, WITHOUT first obtaining the prior WRITTEN approval
of the Housing Department. Typically, those individuals are referred to as the
“ohantom boyfriend” or the “phantom girlfriend’. In other words, people who are
there, but they aren't. At least, NOT legally or on paper. This is often done to
avoid increases in monthly rental payments and / or homebuyer payments.

Accommodations. Clients are NOT allowed to give accommodations to
individuals (other than those identified in the Lease Agreement) without the
PRIOR written consent of the Housing Department.

A. Failure, of the client, to notify the Housing Department of changes in
Household Composition is a violation of the Rental Lease / Homebuyer

(MHOA) Agreement (as applicable).

B. Clients found to be giving accommodations to individuals, without
Housing Department approval, are subject to Termination of their Rental

Lease / Homebuyer (MHOA) Agreement (as applicable) and Eviction.

Discovery. In the event the Housing Department becomes aware of ILLEGAL
OCCUPANTS residing in a unit, the following actions shall take place.

A. The Housing Department’s Resident Services staff shall issue an “Illegal
Boarders Inquiry’ to the affected client.

See Appendix 16 for a Sample of the Housing Department's “Illegal
Boarders Inquiry’ form letter.

B. The Client shall have ten (10) calendar days, from the issue date of the
Illegal Boarders Inquiry form letter, within which to respond.

Client Options.

A. ‘When confronted with an Illegal Boarders Inquiry, clients shall be offered
the opportunity to:

67
Occupancy Policy
04/25/02

(1) Deny (in writing) that someone (NOT previously listed on the
Family Composition form, Rental Lease / Homebuyer (MHOA)

Agreement) now resides in the unit,

or

(2) Acknowledge (in writing) that someone (NOT previously listed on
the Household Composition form, Rental Lease / Homebuyer

(MHOA) Agreement) now resides in the unit.

Clients shall also be offered the opportunity to have those individuals
(NOT previously listed on the Household Composition form, Rental Lease
/ Homebuyer (MHOA) Agreement) added to the Family Composition.

if a client desires to add someone to the Household Composition, after
move-in,-and submits a WRITTEN Request to that effect, the request shall
be reviewed by the Housing Department Staff and Director.

The review / approval provisions, outlined in the Housing Department’s
ADMISSIONS Policy, shall be applied here. This includes, but is NOT

limited to:
(1) The client completing a new Household Composition form.

See Appendix 17 for a Sample of the Housing Department's
“Household Composition’ form.

(2) The client completing a new Household Income form.

See Appendix 18 for a Sample of the Housing Department's
“Household Income’ form.

(3) The proposed new Family Member (over 18 years of age)
completing a Criminal History Record Check form.

See Appendix 19 for a Sample of the State of Michigan’s
“Criminal History Record Request’ form.
Prospective tenant should pay for the background check

(4) The proposed new Family Member (over 18 years of age)
completing the Authorization for the Release of Information

forms.

See Appendix 20 for Sample of the Housing Department's
“Authorization for the Release of Information” form.

See Appendix 21 for Sample of HUD’s “Authorization for the
Release of Information / Privacy Act Notice’ form.

68
Occupancy Policy
04/25/02

These requirements shall be conveyed to the client, in WRITING, by the
Housing Director.

See Appendix 22 for Sample of the Housing Department Director's
response to client - “Request to Add Individuals to the Household

Composition’ form letter.

Proposed new Family Member (over 18 years of age) being subject to the
provisions of Section 5 of the Housing Department’s ADMISSIONS
Policy. If he / she if found to be “ineligible” for housing, based on the
criteria in Section 5 of the ADMISSSIONS Policy, then permission to move
in shall be denied.

18.5. Housing Department Actions.

A.

The Resident Services Staff shall complete the verifications and other
paperwork necessary to properly evaluate the clients request. The results
shall then be forwarded to the Housing Director for final review and

approval / denial.

The Housing Department Director shall advise the client, in WRITING,
that his / her request to add a new individual(s) to the Household has

either been approved or denied.

(1) If denied, the Director shall indicate the reason(s) for denial in his /
her response to the client.

(2) Copies of ALL related correspondence shall be filed in the client's
permanent Housing Department Resident Services file.

69
Occupancy Policy
04/2502

SECTION 19
INSPECTIONS

The following applies to ALL Programs

19.1. General.

A.

C.

The Housing Department shall conduct inspections of each unit in
accordance with the Inspection Standards outlined in the Housing

Department’s MAINTENANCE Policy.

The client (Renter / Homebuyer) is obligated under the Rental Lease /
Homebuyer (MHOA) Agreement to participate in Move-In, Annual, and

Move-Out Inspections.

The Housing Department has the right to make inspections of the unit, with
prior notification to the client (Renter / Homebuyer), to ensure that the
interior and exterior of the unit are being maintained in a decent, safe, and /

or sanitary condition.

Entry, for Inspections (less emergency), shall be made only during
reasonable hours, and after advance notice. That advance notice shall be in
written form to notify the client (Renter / Homebuyer) of the pending
inspection. See Section 1 (entitled: Access to Units) of this document for
details on “Unit Access Notification Procedures’.

In the event the inspection indicates the need for repairs or upkeep, it shall
be duly noted on the Inspection Report.

19.2. Move-In Inspection.

A.

Purpose. Prior to initial occupancy, the client (or his / her designated
representative) and Housing Department personnel (Resident Services
& Maintenance) shall jointly inspect the dwelling unit. The purpose of the
Move-in Inspection is to document the condition of the Dwelling Unit. The
results of that inspection shall be documented on the Housing
Department’s standard Inspection Report form. That report shall be
retained by the Housing Department, and used for future reference, should
there be disputes following Termination of the Rental Lease / Homebuyer

(MHOA) Agreement.

See Appendix 23 for a Sample of the Housing Department's
“Inspection Report’.

70
Occupancy Policy
04/25/02

Video Taping Inspections. In addition to the Move-In Inspection
Report, the Move-In Inspection shall be video taped (per the Housing
Department MAINTENANCE Policy).

Client Rights. The client (or his / her designated representative) is
encouraged to inspect the dwelling unit carefully and note any deficiencies
or concerns on the Inspection Report.

(1) | The Housing Department Inspector shall ensure that the client is
advised of his / her right to make comments about the Inspection.
This action shall be documented on the “Tenant Rights During

Inspections” form.

See Appendix 24 for a Sample of the Housing Department's
“Tenant Rights During Inspections’ form.

(2) This is the clients opportunity to draw attention to things that are
missing / broken, were overlooked by maintenance, or were NOT

fixed.

(3) Clients should make sure such items get noted on the Inspection
Report so that follow-up action, by the Maintenance Division, can

be initiated.

Signatures on the Inspection Report. At the conclusion of the
Inspection, both the client (or his / her designated representative) and the
Housing Department staff member(s) conducing the Move-In Inspection,
are required to sign off on the Inspection Report.

Distribution of Inspection Reports. One (1) copy of the completed
Inspection Report shall be placed in the clients Resident Services File
and one (1) copy in the clients Maintenance File. That report shall be
retained by the Housing Department, and used for future reference, should
there be disputes following termination of the Rental Lease / Homebuyer

(MHOA) Agreement.

19.3. Post Occupancy Inspections.

A.

When. Within fourteen (14) calendar days of occupancy, the Housing
Department shall have one of its Maintenance staff inspect the dwelling

unit, along with the client (Renter / Homebuyer).
Purpose. The purpose of the Post Occupancy Inspection is to:

(1) Identify the location of the water shut off valve to the client.

71
Occupancy Policy
04/25/02

(2) Identify the location of the gas shut off valve to the client.

(3) Inspect the furnace to ensure that the pilot light is lit and that the
furnace is in working order.

(4) Inspect the hot water heater to ensure that the pilot light is lit and
that the furnace is in working order.

(5) Identity the location of the gas meter to the client.

(6) Identify the location of the electrical breaker box to the client.

What’s Covered. The Post Occupancy Inspection is also used as a "how
to" session. This is done to identify and provide counseling on when and

how:
(1) To shut off valves should that become necessary.

(2) To ignite the furnace and water heater pilot lights should they go
out.

(3) To reset breaker switches located in the circuit breaker box should
power go out.

Counseling When Needed. Additional counseling on the unit shall be
provided, as requested by the client (Renter / Homebuyer), on the proper
operation and maintenance of appliances such as the refrigerator, cook

stove, dishwasher, etc.

19.4. Annual Inspection.

A.

Purpose. The purpose of the Annual Inspection is to ensure that ALL
dwelling units are being properly utilized, maintained, and remain safe

(structurally) and sanitary.

Frequency. This inspection shall be done at least ANNUALLY, on each
unit (Rental and Homeownership) and more often if Housing Department

resources allow.

Note: This annual inspection is in addition to the standard Move-In and
Move-Out Inspections.

Who Attends. During the Annual Inspection, the client (or his / her
designated representative) and Housing Department personnel shall
jointly inspect the dwelling unit. The results of that inspection shall be

72
Occupancy Policy
04/25/02

documented on the Housing Departments standard Inspection Report
form.

See Appendix 23 for a Sample of the Housing Department’s
“Inspection Report’. .

D. Video Taping Inspections. In addition to the Annual Inspection Report,
the Annual Inspection shall be videotaped (per the Housing Department

MAINTENANCE Policy).

E. Client Rights. The client (or his / her designated representative) is
encouraged to inspect the dwelling unit carefully and note any deficiencies
or concerns on the Inspection Report.

(1) The Housing Department Inspector shall ensure that the client is
advised of his / her right to make comments about the Inspection.
This action shall be documented on the “Tenant Rights During

Inspections’ form.

See Appendix 24 for a Sample of the Housing Department’s
“Tenant Rights During Inspections’ form.

(2) This is the clients opportunity to draw attention to things that are
missing / broken, were overlooked by maintenance on previous

visits, or need to be fixed.

(3) Clients should make sure such items get noted on the Inspection
Report so that follow-up action, by the Maintenance Division, can
be initiated.

Disclaimer in writing that no discretionary discrimination will be used on the HD
staff's part to prevent Tribal Members from receiving a home.

F. Signatures on the Inspection Report. At the conclusion of the
Inspection, both the client (or his / her designated representative) and the
Housing Department staff member(s) conducing the Annual Inspection,
are required to sign off on the Inspection Report.

G. Distribution of Inspection Reports. One (1) copy of the completed
Inspection Report shall be placed in the clients Resident Services File
and one (1) copy in the clients Maintenance File. That report shall be
retained by the Housing Department, and used for future reference, should
there be disputes following termination of the Rental Lease / Homebuyer

(MHOA) Agreement.

H. Access to the Unit. Failure of clients to allow Housing Department
personnel into the dwelling unit, for the purposes of conducting an Annual
Inspection, or failure of the client to cooperate with the Housing

73
Occupancy Policy
04/25/02

Department on the Annual Inspection, is grounds for Termination of the
Rental Lease / Homebuyer (MHOA) Agreement and Eviction.

Needed Repairs.

(1) If deficiencies are noted during an Annual Inspection, the Housing
Department shall request that a “plan of action” for repair /
replacement of items be executed between the client (Renter /

Homebuyer) and the Housing Department.

(2) The “plan of action’ shall indicate a reasonable time frame for the
completion of the repair / replacement of items as notated on the

Inspection Report.

(3) This “plan of action’ shall also be coordinated with the client to
assist them in correcting any deficiencies noted.

(4) Based on the established timeline, the Housing Department shall
complete follow-up monitoring within thirty (30) calendar days of the
initial inspection and may elect to conduct additional inspections to

ensure that the client is in compliance with the plan.

(5) Failure by the client to agree to a “plan of action” shall result in a
Notice of Termination being issued to the client for breach of the

Rental Lease / Homebuyer (MHOA) Agreement.

19.5. Pre-Move Out Inspection.

A.

When. Pre-Move-Out Inspections shall be done only when requested by
the vacating client.

Scheduling. The Pre-Move Out Inspection shall be scheduled after the
client (Renter / Homebuyer) provides the Housing Department with his /
her fifteen (15) day notice of Intent to Vacate (Terminate the Rental Lease /

Homeownership (MHOA) Agreement).

Associated Forms. Upon receipt of the clients notification, the Housing
Department’s Maintenance Division Inspector shall send him / her a copy of
the Inspection Report Form. The purpose of this is to provide the client with
a “heads up” and identifies those items that shall be checked and may
require repair / replacement or cleaning prior to the Housing Department

regaining possession of the unit.

74
Occupancy Policy
0/25/02

19.6. Move-Out Inspection.

A.

Purpose. Upon termination of the Rental Lease / Homebuyer (MHOA)
Agreement, a Move-Out Inspection shall be required. The purpose of the
Move-Out Inspection is to document the condition of the dwelling unit at the
time the client (Renter / Homebuyer) vacates and the Housing Department

regains possession of the unit.

Who Attends. During the Move-Out Inspection, the client (or his / her
designated representative) and Housing Department personnel shall
jointly inspect the dwelling unit. The results of that inspection shall be
documented on the Housing Departments standard Inspection Report

form.

See Appendix 23 for a Sample of the Housing Department's
“Inspection Report’.

Video Taping Inspections. In addition to the Move-Out Inspection
Report, the Move-Out Inspection shall be video taped (per the Housing
Department MAINTENANCE Policy).

Client Rights. The client (or his / her designated representative) are
encouraged to inspect the dwelling unit carefully and note any deficiencies
that they do NOT agree with or concerns about the inspection / condition
of the dwelling unit, on the Move-Out Inspection Report.

(1) | The Housing Department Inspector shall ensure that the client is
advised of his / her right to make comments about the Inspection.
This action shall be documented on the “Tenant Rights During

Inspections’ form.

See Appendix 24 for a Sample of the Housing Department's
“Tenant Rights During Inspections’ form.

(2) This is the clients opportunity to draw attention to things that are of
concern to him / her.

Signatures on the Inspection Report. At the conclusion of the
Inspection, both the client (or his / her designated representative) and
Housing Department staff member(s) conducing the Move-Out
Inspection, are required to sign off on the Inspection Report.

Abandonment. In the event that a client vacates WITHOUT prior notice,
or in the case of ABANDOMENT, the Housing Department shall conduct

the Move-Out Inspection (less the client).

75
Occupancy Policy
04/25/02

(1) Videotaping and proper documentation of the inspection shall be
completed as noted above.

(2) | The Inspection Report shall be annotated to denote that the unit
was ABANDONED and that the client was unavailable for the

inspection.

G. Distribution of Inspection Reports. One (1) copy of the completed
Inspection Report shall be placed in the clients Resident Services File
and one (1) copy in the clients Maintenance File. That report shall be
retained by the Housing Department, and used for future reference, should
there be disputes following termination of the Rental Lease / Homebuyer

(MHOA) Agreement.

19.7. More Information. Details on scheduling, client notification of inspections, the
purpose of each type of inspection, what is to be inspected, the procedures for
conducting ALL types of INSPECTIONS, and how the client and Housing
Department deal with deficiencies, can be found in the Housing Department’s

MAINTENANCE Policy.

76 |
Occupancy Policy
04/25/02

SECTION 20
INSURANCE

The following applies to ALL_Programs

20.1. Housing Department Responsibilities. The Housing Department is required,
by law (NAHASDA), to maintain adequate insurance (i.e., fire and extended
coverage) on ALL units, under management. It is important for clients to note
that that coverage is for repair / replacement of the “structure” and NOT the

“personal contents” of the leaseholder.

20.2. Client Responsibilities.

A. It is the responsibility of the client to obtain their own personal property /
contents insurance. This is commonly known as “renters insurance’.

B. While the Housing Department shall NOT take out renters insurance
policies for its clients, the staff can and will provide information on
insurance companies in the area who do provide such insurance.

(1) The most common insurance carrier in Indian Country being
“AMERIND’. This is a member owned and operated insurance
company specializing in Native American Housing Insurance

needs.

(2) This information shall be disclosed and / or made available to
clients during the ORIENTATION process, however, handouts are
available from the Resident Services staff at any time.

20.3. Liability Disclaimer. The Grand Traverse Band Housing Department shall

NOT be held legally responsible for any injuries or damages, resulting from the
client’s or the dwelling units occupant’s acts, actions or failure to act.

77

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Agrand_traverse%3A29e8654d56af8aaa. Public record. Not legal advice.
