The following applies to ALL Programs.

Tribal code

Ask Donna

What actually matters in this document.

Text

SECTION 38

SIGNS

The following applies to ALL Programs.

38.1. Clients shall NOT display or affix signs of any type to the windows, on the doors, or on

the outside of their dwelling unit.

38.2. Clients shall NOT erect signs, of any size, shape, or type on the property of their dwelling

unit.

SECTION 39

SMOKE DETECTORS

The following applies to ALL Programs.

39.1. One (1) or more smoke detectors have been installed in ALL units that are under the

management of the Housing Department.

39.2. Clients shall NOT tamper with, disconnect, or remove smoke detectors. Tampering with,

disconnecting, or removing smoke detectors from a dwelling unit is grounds for

Termination of the Rental Lease / Homebuyer (MHOA) Agreement and Eviction.

Radon Detectors – CO2’s

39.3. Clients shall ensure that smoke detectors are in proper operating order at ALL times.

Smoke detectors have a RED indicator light on the faceplate.

When the smoke detector is operating correctly, that RED light will be lit.

If the RED light is “flashing” and / or the smoke detector “beeps” every few

seconds, then the battery is low and needs replacement.

If the RED light is NOT lit or flashing, then the battery is dead or the unit has been

disconnected.

39.4. Clients are responsible for the purchase and replacement of smoke detector batteries (as

required).

39.5. If the smoke detector is NOT operating correctly or if the client needs assistance, they

shall notify the Housing Department IMMEDIATELY.

SECTION 40

SUB-LETTING

40.1. Rentals. Low-Income Rental – Single Family Housing Units, Low-Income Tax Credit

Rental – Single Family Housing Units, Low-Income Rental – Elderly and Apartment Units

and Market Based Rental Units.

Clients in the Rental programs are prohibited from assigning, sub-letting, or

transferring possession of the premises to any other individual.

Clients found to be doing so, are subject to Termination of their Rental Lease

Agreement and Eviction.

40.2. Homeownership - Mutual Help Units.

Clients (homebuyers) in the Mutual Help program MAY SUB-LEASE their Mutual

Help home under certain circumstances / conditions.

Those circumstances / conditions are limited to demands on the family for “higher

education pursuits”, “employment advancements”, “temporary medical care” or

“military service” and are only intended to be for a limited period of time – typically

one (1) year.

Clients (homebuyers) who desire to SUB-LEASE their dwelling unit, must submit

a WRITTEN request to the Housing Department.

Please refer to the Housing Department’s MUTUAL HELP SUB-LEASE Policy

for details and procedures on this process.

Clients found to be sub-leasing their Mutual Help home, in violation of the MUTUAL

HELP SUB-LEASE Policy, are subject to Termination of their Homebuyer

Agreement (MHOA) and Eviction.

SECTION 41

STRUCTURAL CHANGES / MODIFICATIONS

41.1. Air Conditioners (ALL Programs).

Window Mounted Models.

(1)

The installation of a window mounted Air Conditioner is NOT considered to

be a structural change or modification to the dwelling unit and therefore may

be installed in either Rental or Homeownership units without prior written

approval from the Housing Department.

Rational: Installation, of window mounted Air Conditioners, is typically

“temporary” and “seasonal” and does NOT require any changes or

modifications to the dwelling structure.

(2)

Installation of such Air Conditioners shall be limited to windows on the side

or back of the dwelling unit – NOT the front of the house.

(3)

If supports are required, they shall be neat in appearance.

(4)

ALL window mounted Air Conditioners shall be removed by October 31st of

each year.

(5)

The cost of installation, and increased utility costs, shall be borne by the

client – NOT the Housing Department.

Central Air Models.

(1)

Clients (of ALL Rental Units) are NOT allowed to install Central Air

Conditioning units.

(2)

Clients (of Homeownership Units) are allowed to install Central Air

Conditioners, in their Mutual Help homes.

(a)

To do so, homebuyers must first request approval from the Housing

Department, in Writing.

(a)

The Housing Director, in cooperation with the Maintenance Division

Manager, shall review / approve ALL such requests.

(b)

Installation shall be limited to the side or back of the home, and it

must be mounted on a cement slab next to the house.

(c)

As with Window Mounted Models, the cost of installation, and

increased utility costs, shall be borne by the Homebuyer – NOT the

Housing Department.

41.2. Rentals. Low-Income Rental – Single Family Housing Units, Low-Income Tax Credit

Rental – Single Family Housing Units, Low-Income Rental – Elderly and Apartment Units

and Market Based Rental Units.

Clients residing in Rental units are NOT allowed to make any type of structural

changes or modifications to their dwelling unit. Doing so is grounds for Termination

of the Rental Lease Agreement and Eviction.

Exception. The only exception to this would be for the installation of a Handicap

Accessible Ramp.

(1)

If such a ramp is required, the client must submit a WRITTEN request to the

Housing Department Director, prior to installation, indicating why the ramp

is needed.

(2)

The Housing Department Director shall review and approve / disapprove

ALL such requests.

(3)

Generally speaking, the funding and installation of such ramps is the

responsibility of the client – NOT the Housing Departments.

(3) If the client is seeking help from the Housing Department to fund / install such

a ramp, they must first demonstrate (in their written request) that NO other

funding source was available. The GTB Advisory Committee must

approval ALL such funding requests. If / when funding / manpower are

available the Housing Department may fund / install such ramps,

41.3. Homeownership - Mutual Help.

General.

(1)

Clients, in the Mutual Help program, MAY make structural changes or

modifications to their dwelling unit, but only with prior WRITTEN approval

of the Housing Department and GTB Advisory Committee.

(2)

Start of construction on the change / modification to the structure may NOT

begin until such time as WRITTEN approval has been obtained.

Acceptable Modifications.

Some examples of “Acceptable” structural

modifications or changes to Mutual Help homes are listed below. This list is NOT

an all-inclusive list, but rather illustrates what can be done.

(1)

Adding an “attached” or “detached” garage / carport.

(2)

Enclosing a carport / garage.

(3)

Installing Energy conservation items (i.e., solar panels, wood burning

stoves, flues and insulation).

(4)

Adding living space (i.e., in a room in the basement).

(5)

Adding a deck / patio / porch.

Clients should also refer to Appendix 47 (Deck Specifications). This

provides the Housing Department’s recommended specifications on the

types of decks allowed, materials, dimensions, etc.

(6)

Adding storage space (either inside or out).

(7)

Installing “permanent” fencing.

Clients should also refer to Appendix 13 (Fence Specifications). This

provides the Housing Department’s recommended specifications on the

types of fencing allowed, materials, dimensions, etc.

Client Request Procedures. Clients interested in making structural changes to

their Mutual Help home shall submit a WRITTEN request to the Housing

Department. That request must include the following:

(1)

House Address / Number (as applicable).

(1) Location (project / area).

(2) Detailed narrative description of the structural change.

(4)

Specifications (i.e., dimensions).

(5)

Projected date of work.

(6)

A sketch or drawing depicting what is to be done and where.

Housing Department Maintenance Division Review.

The Housing

Department Maintenance Division Supervisor shall review the information

submitted to ensure:

(1)

That the plan is structurally sound.

(2)

That the proposed changes shall NOT adversely impact existing sewer /

water lines, utility easements, road easements, etc.

(3)

That the proposed changes shall NOT impair the value of the home, the

surrounding homes, or the project.

(3) That the proposed changes shall NOT impair the use of the home for

“residential” purposes.

(4) That the proposed changes shall NOT violate the requirements stipulated in

local building codes / ordinances regarding design and construction.

(6)

That the proposal does NOT structurally degrade the Mutual Help home (as

noted above). If it does NOT, then the Housing Department Maintenance

Division Supervisor shall recommend approval of the request to the Director

and the GTB Advisory Committee.

Housing Committee Review. The Client shall appear before the GTB Advisory

Committee during their review of the request.

(1)

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.

(1)

The FINAL decision of the GTB Advisory Committee shall be forwarded

to the client within seventy-two (72) hours of their reaching a decision.

That decision shall be in WRITING and forwarded via First Class mail.

(2)

Copies of that decision shall be filed in the client’s permanent Housing

Department files (one to Maintenance and one to Resident Services).

Use of Licensed Contractors. After the modification of a home has been

approved, clients are encouraged to utilize ONLY Licensed and Ensured / Bonded

Contractors to do the work. This ensures that work will done correctly and in

accordance with established building codes.

Housing Department Liability. The Housing Department is NOT responsible

for any damages to the client’s home, structure, or occupants that are caused by

work done in conjunction with any such modification.

Funding for Structural Changes / Modifications.

(1)

ALL costs associated with making “client requested” structural changes /

modifications to the dwelling unit, shall be at the client’s expense – NOT the

Housing Departments.

(2)

Clients are PROHIBITED from obtaining financing for such structural

changes / modification, 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.

(3)

Clients may NOT use their MEPA accounts for making structural changes /

modifications to their dwelling units.

Compensation after Termination of the MHOA and Move-Out.

(1)

In the event of Termination of the MHOA and Move-Out (either at the client’s

doing or as mandated by the Housing Department), the Homebuyer shall

NOT be entitled to any compensation for such changes or additions he / she

made to the home.

(2)

If the Homebuyer has any outstanding liability for the costs of the

improvements, that liability may NOT be assigned to the Housing

Department following a voluntary or involuntary termination.

SECTION 42

SUCCESSION

UPON

SEPARATION, DIVORCE, DEATH, MENTAL INCAPACITY

42.1. General. While one does NOT like to think about the possibility of losing a loved one, for

any reason, it does happen. Often times, Tribal Enrollment status and the tribes desire

to provide enrolled tribal members with PRIORITY in housing also becomes an issue in

these situations. Additionally, we have found that all too often, minor children are caught

in the middle. In order to ensure tribal members continue to receive priority for available

housing units, and to keep disruption to the family at a minimum, the following guidelines

shall be followed:

42.2. Rentals. Low-Income Rental – Single Family Housing Units, Low-Income Tax Credit

Rental – Single Family Housing Units, Low-Income Rental – Elderly and Apartment Units

and Market Based Rental Units.

Separation / Divorce / Death – Involving two (2) Enrolled Tribal

Members.

(1)

Review of Need. If two (2) unmarried or two (2) married Enrolled Tribal

Members have been leasing a dwelling unit, and one (1) dies or they

separate / divorce, the Housing Department shall review their future

housing needs and to the extent feasible, provide housing that meets that

need.

(2)

Re-determining Bedroom Size for Family. The Housing Department

shall match the family’s future housing need to the appropriate bedroom

size. The Bedroom Size / Occupancy Standards table, located in the

Housing Department’s ADMISSIONS Policy, shall be used as the basis

for making this determination. Several options then come into play.

(a)

One or both individuals might have to move to another unit.

(b)

One might be allowed to remain in the current dwelling unit while the

other must move.

(c)

If so, the Housing Department would provide the next available unit,

of appropriate size, to the other.

(3)

Custody Issue. The decision of Housing Department management may

also be influenced by a court order that affects “custody” of minor children.

Housing Department staff shall try to ascertain if such court orders exist

and obtain copies prior to making their recommendations for housing

alternatives.

Separation / Divorce / Death – Involving one (1) Enrolled Tribal

Member and one (1) NON Tribal Individual.

(1)

General. Under the circumstances noted below (Para 42.2.B. (1) (a) and

(b)), the Housing Department shall review their future housing needs and

to the extent feasible, provide them with housing that meets that need.

(a)

Scenario One: Two (2) individuals were leasing a dwelling unit from

the Housing Department and they later separate / divorce. One (1)

of them was an Enrolled Tribal Member and the other was a NONTribal individual.

(b)

Scenario Two: Two (2) individuals (married or otherwise) were

leasing a dwelling unit from the Housing Department and one (1) of

them dies. The one (1) who died was the Enrolled Tribal Member.

The other was a NON-Tribal individual.

(2)

Enrolled Member. In most cases, and if still eligible, the Enrolled Tribal

Member shall continue to receive housing (based on continued eligibility

and demonstrated need – i.e., remaining family size).

(3)

Non-Tribal Individuals. In most cases, the NON Tribal individual (with or

without children) would be required to vacate the dwelling unit and would

NOT be eligible for future housing assistance.

(a)

If the NON Tribal individual is directed to vacate the premises, the

Housing Department shall provide him / her with a WRITTEN

Notice of their need to vacate and allow adequate time to relocate.

(4)

(b)

“Adequate time” is considered to be thirty (30) calendar days,

however, if circumstances warrant, this can be extended to a

maximum of sixty (60) calendar days.

(c)

See Appendix 48 for a Sample of the Housing Department’s

“Notice to Vacate” form letter. This shall be used when it is

necessary for the Housing Department to notify the NON-Tribal

individual of his / her need to vacate.

Rights of Non Tribal Individuals for Continued Occupancy. Under

certain circumstances, the NON Tribal Individual could continue to receive

housing (based on demonstrated need – i.e., remaining family size).

(a)

In order for this to happen, minor children (those under the age of

18) have to be part of the equation.

More specifically, those minor children would have to be

Enrolled Tribal Members.

and / or

(5)

The NON-Tribal parent would have to have been awarded

“legal” custody of those minor Enrolled Tribal Members.

(b)

If a NON Tribal Individual is allowed to stay in the existing dwelling

unit (or is awarded one that better meets his / her current housing

needs), they shall only be allowed continued residency until such

time as the youngest Enrolled Tribal Member reaches the age of

eighteen (18).

(c)

At that time, the NON Tribal Individual shall be given WRITTEN

Notice that he / she has thirty (30) calendar days in which to vacate

the dwelling unit.

(d)

The now adult Enrolled Tribal Member may:

Apply for housing under the Housing Department’s

ADMISSIONS Policy, or

Seek permission from the Housing Department / GTB

Advisory Committee, to assume the lease of the dwelling

unit formerly held by their NON-Tribal parent.

In either case, the teen Tribal member would have to meet the

eligibility criteria, as outlined in the Housing Department’s

ADMISSIONS Policy.

Re-determining Bedroom Size for Family. As noted above, the Housing

Department shall match the Enrolled Tribal Members family and the Non

Tribal Individual (with custody of Enrolled Tribal Members – Minor Children)

future housing need to the appropriate bedroom size. The Bedroom Size /

Occupancy Standards table, located in the Housing Department’s

ADMISSIONS Policy, shall be used as the basis for making this

determination. Several options then come into play.

(a)

One or both individuals might have to move to another unit.

(b)

One might be allowed to remain in the current dwelling unit while the

other would have to move.

(c)

If so, the Housing Department would provide the next available unit,

of appropriate size, to the other.

(6)

Custody Issue. The decision of Housing Department management may

also be influenced by a court order that affects “custody” of minor children.

Housing Department staff shall try to ascertain if such court orders exist

and obtain copies prior to making their recommendations for housing

alternatives.

(7)

Waivers. The GTB Advisory Committee can recommend that this Policy

be waived, for humanitarian reasons, if circumstances warrant. Such

waivers shall be considered, on a case-by-case basis, if the affected NON

Tribal Individuals ask for such a waiver to said Policy.

42.3. Homeownership - Mutual Help.

General.

(1)

In order to protect the continued occupancy of the Homebuyer's family, the

Housing Department shall, to the greatest extent feasible, ensure that

successorship of a Mutual Help unit is within the Homebuyer's family.

(2)

The identification of a successor, is the responsibility of the Mutual Help

client, and is done at the time the MHOA is executed.

(3)

The client shall designate a successor who, at the time of the designation,

is a member of the client’s immediate “family”, and is an authorized

occupant of the home in accordance with the MHOA.

Changing the Named Successor.

(1)

The client may, at any time during the term of the MHOA, change the

designation of the successor.

(2)

To do so, however, the client must provide WRITTEN Notice of his / her

desire to change the successor (by use of an MHOA amendment), to the

Housing Department Director.

(3)

The person designated as the new successor, must meet the qualification

standards set forth under the Mutual Help Program.

Succession, by the person designated by the client: Upon occurrence of

separation, divorce, death, or being adjudged to be mentally incompetent, the

person designated as the successor shall succeed to the Homebuyer Rights and

Responsibilities under the MHOA. This is, however, contingent upon the

successor meeting the following conditions:

(1)

The successor meets

requirements.

ALL Mutual Help eligibility and program

(2)

The successor is willing and able to assume ALL rights and obligations of

the former client (homebuyer), INCLUDING ALL outstanding amounts

owed and any amounts in the MEPA.

(3)

The successor is willing and able to utilize the dwelling unit as his / her

“principle” residence.

(4)

The successor is willing and able to pay the administration charge, utility

costs, and maintenance expenses associated with living in a Mutual Help

home.

(5)

The successor is willing and able to perform ALL other obligations of a

Homebuyer under the MHOA. This includes the obligation to provide ALL

maintenance and utilities to the unit.

(6)

The successor must be eligible to obtain the land lease (i.e., for Tribal Trust

or Restricted Land). As such, the Housing Department staff shall review

applicable statutes and requirements (with regards to land status eligibility)

prior to approving a successor, or designating a subsequent homebuyer.

Successors who are MINOR (under the age of 18) children. In the event

the client (homebuyer) designates a MINOR child (under the age of 18) as

successor, the following shall apply:

(1)

If, after the occurrence of a death (or physical / mental incapacity

designation), there is NO qualified and eligible ADULT successor, the

Housing Department may approve an adult who has been appointed

LEGAL GUARDIAN of the successor child, as an occupant of the dwelling

unit.

(2)

The GUARDIAN shall be responsible for performing the duties and

obligations of the MHOA on behalf of the MINOR successor child.

(3)

Such arrangements shall remain in tact until the child reaches the age of

eighteen (18) years, at which time the now ADULT successor can become

the HEAD OF HOUSEHOLD, and is so qualified.

(4)

If, at any time, prior to the minor successor child reaching the age of

eighteen (18) years, the guardian is NO longer willing or able to perform the

obligations and duties of the MHOA, and NO other guardian is appointed,

possession of the dwelling unit shall revert back to the Housing

Department.

Impact on Amortization Schedule. If a designated successor (or adult guardian)

is approved, there shall be NO interruption or change in the amortization schedule

due to succession of the dwelling unit. ALL rights and obligations, including equity

accounts, shall be transferred to the successor.

Successor is NOT Eligible. If the designated successor is NOT eligible or does

NOT meet ADMISSION criteria / standards, the successor shall be offered the

opportunity to Buyout the unit or Decline the unit.

(1)

Successor Buyout. In the event a successor does NOT meet the eligibility

criteria for the Mutual Help program, he / she MAY request permission to

purchase the unit outright from the Housing Department. If this option is

exercised:

(a)

The successor must submit a request to purchase the unit, in

WRITING, to the Housing Department Director.

(b)

The Director shall ensure that an appraisal is done on the dwelling

unit and property to determine the “Fair Market Value” of the unit.

(c)

The Director shall then forward the recommended sale price to the

successor. If the successor agrees to the sale price, the Director

shall forward ALL related correspondence to the GTB Advisory

Committee.

(d)

The GTB Advisory Committee shall review the request, appraisal,

and either approve or disapprove the successors request.

Denial.

If the GTB Advisory Committee denies the request

they shall state, in WRITING, the reason(s) for denial.

That denial letter shall be forwarded to the successor

within seventy-two (72) hours of the GTB Advisory

Committee reaching a decision.

Approval.

If the GTB Advisory Committee approves the request

they shall advise the successor of such, in WRITING.

(2)

That approval letter shall be forwarded to the

successor within seventy-two (72) hours of the GTB

Advisory Committee reaching a decision.

Successor Declines Buyout. In the event a successor does NOT meet

the eligibility criteria for the Mutual Help program, and does NOT want to

Buyout the unit, he / she MAY decline ALL rights to unit. If this option is

exercised:

(a)

The Housing Department’s Resident Services staff shall forward a

copy of the “Declination Declaration Statement” to the successor.

(b)

Within five (5) business days of receipt, the successor must complete

and sign the “Declination Declaration Statement” and return it to

the Housing Department.

See Appendix 49 for a Sample of the Housing Department’s

“Declination Declaration Statement” form letter.

(c)

(3)

Failure of the successor to respond within those five (5) business

days shall result in an automatic “declination”. The Housing

Department staff shall then proceed with reclaiming the unit and

finding a new Mutual Help participant.

Drawing from the Waiting List. In the event the “ineligible” designated

successor Declines Buyout or fails to respond – as noted above, the

Housing Department shall offer the unit to the next “eligible” family, from

the TOP of the written MUTUAL HELP waiting list, the unit.

NO Successor Named. If a client has failed to designate a successor in the

MHOA, and then dies, or the successor does NOT meet eligibility requirements,

the authority to name a successor or new client (homebuyer) rests with the

Housing Department.

(1)

Appointing New Successor. If it is feasible to appoint a new “program

eligible” successor (from the former Head of Households remaining family

members, who are still residing in the Mutual Help home or from the Head

of Households immediate family) then the Housing Department shall

endeavor to do so. This shall be done, in consultation with, the Housing

Departments Attorney and per the terms / conditions noted in this Section

of the Policy.

(2)

Drawing from the Waiting List. In the event the designated “ineligible”

successor Declines Buyout, and there are NO “eligible” remaining family

members who are willing to accept the unit (execute a new MHOA and be

legally / financially responsible for it), then the Housing Department shall

offer the unit to the next eligible family, from the TOP of the written MUTUAL

HELP waiting list.

Impact on Successors when the MHOA has been Terminated. Successorship

shall NOT be recognized when the MHOA is terminated for any reason OTHER

than death, physical or mental incapacity. As an example, if the client repeatedly

fails to pay his / her monthly payment and the Housing Department terminates

their MHOA, the named successor (in the MHOA) shall have NO legal standing

with regards to acquiring the home.

42.4. Impact of Divorce and / or Separation on the MHOA.

If the Homebuyer's Household Composition changes due to a divorce or separation

of the head / spouse, the Housing Department shall require documentation of the

legal divorce / separation proceeding for file reference. The legal documents from

the court should detail who shall vacate the unit, who shall remain in the unit and who

shall continue to assume the obligations under the Homebuyer Agreement (MHOA).

The Housing Department staff shall avoid involvement in such proceedings. In

other words, the Housing Department staff shall NOT get involved in trying to

determine who shall assume the right to the unit under the Homebuyers Agreement

(MHOA). That determination shall be made by the court.

The parties to the divorce must address the Homebuyer's accounts and must reach

an agreement that shall NOT violate the MHOA, which states the account CANNOT

be assigned NOR pledged for distribution unless the Homebuyer terminates the

Homebuyer Agreement (MHOA). The distribution shall be in line with this Policy.

If an agreement between both parties CANNOT be reached, the Housing

Department shall terminate the Homebuyer Agreement (MHOA) and distribute the

account as stated under the Homebuyer Agreement (MHOA). This account shall

NOT be distributed until, the costs associated with bringing the unit up to a

satisfactory condition for the next Homebuyer, have been taken care of.

If an agreement between both parties has been reached and a court ruling issued,

the Homebuyer who is to remain in the unit shall sign a new Homebuyer Agreement

(MHOA). This shall NOT be done, however, until proper documentation, from the

court, has been provided to the Housing Department.

SECTION 43

TEMPORARY ABSENCES

The following applies to ALL Programs.

43.1. General.

A. At times, single parent clients may have a need to be gone from their units (Rental

and Homeownership) to attend to “short term” needs. Most typically this if for

participation in “Drug / Alcohol” Rehabilitation / Treatment programs and / or

“Incarceration”.

B. For purposes of this Policy, “short -term” shall mean - a period of time NOT to

exceed ninety (90) calendar days.

43.2. Short Periods of Absence. If a single parent client is going to be in a “Drug / Alcohol”

Rehabilitation / Treatment program for a “short” period of time or is to be “Incarcerated”

for a “short” period of time, they can retain their unit under certain circumstances. Their

options are:

Designate a Responsible Adult.

(1)

The single parent client can designate a “responsible” adult to look after the

unit during his / her absence.

(2)

In so doing, the client is still responsible for monthly payments, utilities, and

upkeep of the unit.

(3)

If a designated person causes or allows another person to cause damage

to the unit during the client’s absence, the client shall still be held liable for

damages caused to the unit.

Board Up the Unit.

(1)

If the single parent can NOT find a “responsible” adult to look after the unit

during his / her absence, the client may ask the Housing Department to

“temporarily” board up the unit.

(2)

This ensures that the unit will NOT be vandalized during the client’s

absence.

43.3. Client Request Procedures. To be considered for either option, the client must first

request permission from the Housing Department Director.

The request, from the client, shall be in WRITING.

(1)

In order to evaluate the client’s request certain documentation is required.

(2)

The client shall provide the Housing Department with documentation, from

the Rehabilitation / Treatment Center, Courts, or Law Enforcement Agency

indicating the length of the program / incarceration and the start / end dates

of the program / incarceration.

The Housing Department Director shall review and approve ALL such requests.

(1)

In making that decision, the Director shall weigh the clients housing record

(i.e., payment history, arrears balance (if any), complaints, problems with

Lease enforcement, etc.) against the current demand for housing and the

welfare of the client’s family who may remain in the unit.

(2)

Clients who are determined to be “problem clients” or have an “arrears”

balance, shall NOT be approved for such requests.

Once the review is completed, the Director shall notify the client, in WRITING, of

his / her decision. That decision shall be conveyed to the client within five (5)

business days of receipt of the clients request.

See Appendix 50 for a Sample of the Housing Department’s “Request For

Temporary Absence” form letter.

43.4. Absences Beyond 90 Days.

A. Rehabilitation / Treatment Programs or periods of Incarceration that are beyond ninety

(90) calendar days shall NOT be considered for “temporary” care takers or

“boarding up” options.

B. Client absences, beyond ninety (90) calendar days, require the client to give up his /

her unit.

C. Client’s who must vacate can, however, re-apply for housing and be considered for

another unit (based upon eligibility and availability at time of re-application) upon

completion of their Rehabilitation / Treatment Program or Incarceration.

SECTION 44

TERMINATION

RENTAL LEASE AGREEMENT / MHOA

The following applies to ALL Programs.

44.1. Client Initiated Termination Procedures.

Time Lines. If a client (in ANY Program) decides that he / she NO longer desires

assistance from the Housing Department, he / she MAY Terminate his / her

Rental Lease / Homebuyer (MHOA) Agreement by providing the Housing

Department with at least a fifteen (15) calendar day advance notice.

01 02

Planned Move OUT Date

03 04 05 06 07 08 09

10 11 12 13 14 15 16

17 18 19 20 21 22 23

24 25 26 27 28 29 30

Date Termination Notice

Must be Mailed

Notification. The notification to the Housing Department, by the client, that he /

she is going to Terminate his / her Rental Lease / Homebuyer (MHOA)

Agreement, shall be in WRITING and include the following:

(1)

Name of Client.

(2)

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

(3)

Date Rental Lease / Homebuyer (MHOA) Agreement is to be terminated.

(4)

Current Mailing Address and Phone Number of Client.

(5)

Forwarding Address (after Move-Out) of Client.

(6)

See Appendix 51 for a Sample of the Housing Department’s “Intent to

Vacate” form Letter. This may be used by client’s, to assist them with the

Move-Out and Lease Termination process.

Pre-Move-Out Inspection. Upon receipt of the WRITTEN Notice, regarding the

client’s intent to vacate, and if the client so requests it, the Housing Department

Maintenance Division Inspector shall schedule a Pre-Move-Out Inspection. The

purpose of this inspection is to let the client know what he / she can do with regards

to cleaning, painting, and needed repairs or replacements (if any) prior to vacating

the dwelling unit.

Vacating WITHOUT Proper Notice. Even if a client vacates the dwelling unit,

without proper notice to the Housing Department, the client shall remain subject

to the obligations of the Rental Lease / Homebuyer (MHOA) Agreement. This

includes the obligation to make monthly payments until the Housing

Department’s Resident Services Staff can “officially” terminate the Rental Lease

/ Homebuyer (MHOA) Agreement in WRITING.

(1)

The “official” Termination Notice shall be communicated to the client, to the

extent feasible.

(2)

That means to the “last known address” that the client had on file with the

Housing Department.

NOTE: Sometimes it is impossible for the Housing Department staff to

locate or contact a client who has abandoned a unit or vacated without

proper notice. This typically results when NO forwarding address is left with

the Post Office.

44.2. Housing Department Initiated Termination Procedures.

General. In the event the client (Renter / Homebuyer) fails to comply with any of the

obligations in the Rental Lease / Homebuyer (MHOA) Agreement and / or any

obligation under this Policy, the Housing Department MAY terminate the Rental

Lease / Homebuyer (MHOA) agreement.

Notification. If it becomes necessary for the Housing Department to terminate

the Rental Lease / Homebuyer (MHOA) Agreement of a client, the Housing

Department staff shall do so by giving the client a WRITTEN Termination Notice.

(1)

The Housing Department’s Resident Service shall prepare the

Termination Notice.

(2)

The Housing Department Director shall review, approve, and sign the

Termination Notice based on the information provided.

(3)

The Termination Notice shall include the following:

(a)

Reason for the Termination.

(b)

The date the client shall be OUT of the unit.

(c)

The right of the client to file a GRIEVANCE.

(d)

The actions, on the part of the client, that are needed to correct the

breach (if any).

(4)

The Termination Notice shall be mailed to the clients last known address

via CERTIFIED Mail.

(5)

A copy of the Termination Notice and CERTIFIED Mail receipt shall be

filed in the clients permanent Housing Department Customer Care

Specialist file.

(6)

See Appendix 52 for a Sample of the Housing Department’s

“Termination of Lease Notice” form letter.

Timing. The Termination Notice shall provide “ample time” for the client to

vacate the unit.

(1)

“Ample time” is deemed to be thirty (30) calendar days from the date of the

Notice Termination.

(2)

The client shall vacate the unit by that date, as illustrated below.

01 02

03 04 05 06 07 08 09

10 11 12 13 14 15 16

17 18 19 20 21 22 23

24 25 26 27 28 29 30

01 02 03 04 05 06 07

08 09 10 11 12 13 14

15 16 17 18 19 20 21

Date Termination Notice Mailed

Effective date of Termination

22 23 24 25 26 27 28

29 30 31

Criteria for Termination. The Housing Department may only issue a

Termination Notice if the terms and conditions of the Rental Lease / Homebuyer

(MHOA) Agreement have been violated. Some of the common reasons for

Termination include, but are NOT limited to, the following:

(1)

Abandonment of the dwelling unit.

(2)

Admitting unauthorized persons to live in the dwelling unit.

(3)

Creation of physical hazards.

(4)

Criminal Activity. A client, any member of the client's household, or a guest

or other persons under the client's control engaging in criminal activity,

including drug related criminal activity, on or near the client's unit.

Note: For purposes of this section, the term "drug-related criminal activity"

means the illegal manufacture, sale, distribution, use or possession with intent

to manufacture, sell, distribute, or use of a controlled substance (as defined in

Section 102 of the Controlled Substance Act (21 U.S.C. 802)).

(5)

Damaging the dwelling unit, premises, or Housing Department property.

(6)

Failure to comply with ANY provision of this policy.

(7)

Failure to complete Annual re-examinations.

(a)

Committing fraud on the initial or ANY subsequent re-examinations.

(b)

Withholding or misrepresenting information relative to the initial or ANY

subsequent re-examinations.

(8)

Failure to allow Housing Department staff to conduct inspections.

(9)

Failure to attend counseling sessions, when directed to do so, by the Housing

Department.

(10)

Failure to maintain the unit in accordance with the Rental Lease / Homebuyer

(MHOA) Agreement.

(11)

Failure to make required monthly Rent / Homebuyer Payments.

(12)

(13)

Failure to make required monthly Utility Payments.

Failure to use the unit as the clients principal residence.

(14)

Nuisance. Serious and repeated interference with the rights of other

Housing Department clients (i.e., the clients Neighbors). In other words,

being a nuisance to the community in which the client resides. Nuisances

include, but are NOT limited to, the following:

(a)

Failing to contain a pet that runs loose, barks excessively, etc.

(b)

Failing to maintain the exterior grounds to the community standards.

(c)

Failing to remove, or have removed, inoperable vehicles, appliances,

furniture, etc. from the yard.

(d)

Failing to remove, or have removed, refuse or allowing excess debris

to build up between garbage removals.

(e)

Failing to allow other residents in the community the peaceful

enjoyment of their accommodations; etc.

Note: The Housing Department shall investigate complaints that are

received on these issues (as noted above) and shall inform the client that

these complaints / concerns have been received by the Housing

Department. That notification shall be in WRITTEN form and followed up by

personal contact (i.e., a Home Visit) with the client. Based on the nature of

the complaint, Housing Department staff may issue a Notice of

Termination to the client if the issue has NOT been resolved to Housing

Department management’s satisfaction.

(15)

Violations.

(a)

Program Violations. Client "violations" may include, but are NOT

limited to:

Failing to submit Housing Department requested verifications.

Failing to provide Social Security Numbers.

Failing to complete re-certifications.

Failing to keep utilities in service.

Failing to report changes in income and / or assets of household

members in a timely manner.

(b)

Vacating the unit in violation of the Rental Lease / Homebuyer

(MHOA) Agreement.

Criminal “Violations”. Criminal "violations" may include, but are

NOT limited to:

Knowingly omitting income or assets of self or household

members.

Knowingly under reporting income / assets of self or household

members.

Transferring income or assets to obtain / retain false eligibility.

Overstating deductions / allowances / expenses.

Using a false identity or Social Security Number.

Using false documents.

Falsifying the number of household members.

Program / Criminal Violations. If a client commits a Program or Criminal

Violation, the Housing Department shall notify the client, in WRITING, of the

violation, and provide the client with an opportunity to appeal using the procedures

in the Housing Department’s GRIEVANCE Policy.

Referral for Criminal Prosecution. In the case of Fraud, the Housing Department

has several options, including Criminal Prosecution. The Housing Department

shall first notify the client and give them an opportunity to resolve the discrepancy or

problem. The Housing Department shall determine appropriate action of each case

based on facts, available information provided by the client, and ANY other pertinent

information.

44.3. Abandonment. In the event the Housing Department determines that the dwelling unit

has been ABANDONED, the Housing Department shall still send the client a

Termination Notice.

The Notice shall cite the reason for Termination of the Rental Lease / Homebuyer

(MHOA) Agreement as “abandonment”.

By sending the Termination Notice to the client, the Housing Department has met

its legal requirement to “officially” notify the client that his / her Rental Lease /

Homebuyer (MHOA) Agreement shall be Terminated in thirty (30) calendar days.

This action does NOT preclude the Housing Department’s Maintenance Division

staff from Boarding up the unit to protect it against unlawful entry and vandalism.

44.4. Disposition of Homebuyer Account.

If the Homebuyer (MHOA) Agreement is terminated by the Homebuyer or the

Housing Department, the balance in the Homebuyer's Monthly Equity Payment

Account (MEPA) shall be disposed of / charged with the following:

(1)

ANY maintenance and replacement costs incurred by Housing Department

to put the unit back in satisfactory condition for the next occupant.

(2)

ANY amounts the Homebuyer owes the Housing Department including:

(a)

Required Monthly Payments.

(b)

Required Monthly Payment for the period the home is vacant, NOT to

exceed sixty (60) calendar days from the date of receipt of the Notice

of Termination, or if the homebuyer vacates the home without notice to

the Housing Department, for the period ending with the effective date

of the Notice of Termination issued by the Housing Department.

(c)

The cost of securing a vacant unit.

(d)

The cost of notification and associated termination tasks.

(e)

The cost of storage and / or disposition of personal property.

Additional Information. Additional information on the MEPA can be found in

Section 23 (Entitled: MEPA) of this document.

44.5. Prorating monthly (Rent / Homebuyer) Payments.

A. When a Rental Lease / Homebuyer (MHOA) Agreement is terminated, the Housing

Department shall “prorate” the final months payment.

B. The “prorated” amount shall be based on the number of days in the month divided by

the amount of the monthly payment. For example:

(1) The monthly payment was $200 and the client vacated on the 15th of June.

(2) There are 31 days in June, so the $200 payment shall be divided by 31 to yield

a daily rate (rounded) of $6.45.

(3) The daily rate is then multiplied times the number of days the unit was occupied

that month. In this example - 15. The daily rate ($6.45) multiplied times the

number of days (15) yields a “prorated” payment for June of $96.75

44.6. Evictions.

Housing Department Staff Actions.

(1)

In the event a client fails to Move-Out, following receipt of a “Termination

of Lease” notification, the Housing Department shall initiate EVICTION

proceedings against the client.

(2)

The Housing Department Customer Care Specialist staff shall notify the

client that the Housing Department’s Attorney will be filing a civil complaint

for EVICTION with the Grand Traverse Band Tribal Court.

(3)

The Housing Department Customer Care Specialist staff shall notify the

Housing Department’s Attorney of the client’s failure to vacate and request

that he / she file a civil complaint for EVICTION with the Grand Traverse

Band Tribal Court.

Housing Attorney Actions. The complaint, prepared by the Attorney, shall be in

WRITING, under oath, and contain a statement of fact (or charges) which include:

(1)

The name and address of the client (Renter / Homebuyer) and a request to

the Court for Eviction of the client.

(2)

The Housing Department Project Number, Unit Number, Location of the

Housing Unit, and the Legal Description of the Property.

(3)

A copy of one (1) of the following documents, whichever is applicable:

(a)

Rental Lease Agreement between the client and the Housing

Department.

(b)

Homebuyer (MHOA) Agreement between the client and the Housing

Department.

(4) The reason(s) Housing has requested an Eviction.

(5) A copy of ALL Notices of Delinquency and the Notice of Termination served on

the client.

Payment of Legal Fees. In the event the Housing Department’s EVICTION is

upheld by a court order, the client shall be held responsible for ALL attorney fees,

legal costs (i.e., servicing fees) and court costs incurred by the Housing

Department in the eviction process.

Failure to Vacate Following Court Order.

(1)

In the event the client refuses to vacate the unit, after an Eviction Order has

been issued by the court, then the Housing Department Customer Care

Specialist staff shall contact the Tribal Police Department.

(2)

The Tribal Police Department shall be provided with a copy of the Eviction

Order (from the Court) and be asked to physically remove the family.

(3)

The date / time of forced removal shall be coordinated with the Housing

Department’s Maintenance Division Supervisor so that the unit can be

boarded up and secured immediately following the forced removal.

(4)

The evicted family is responsible for their belongings.

SECTION 45

TRANSFER POLICY

The following applies to ALL Programs

45.1

REASONS FOR TRANSFER

The reasons for transfer vary widely and can be initiated by management or individual

leaseholders. To the extent possible, the GTB Housing Department staff will try to ensure that

families have a home or apartment that meets the needs of their family. The U.S. Department

of Housing and Urban Development (HUD) has established a national standard for the

assignment of homes based on the number of individuals residing in the home and their ages.

Those standards are also reiterated in Section 6 of the GTB Housing Department Admissions

Policy.

The GTB Housing Department staff uses the FAMILY COMPOSITION data, provided by the HEAD OF

HOUSEHOLD, as the basis for bedroom size determinations.

A. HOUSING DEPARTMENT DIRECTED TRANSFERS. The GTB Housing Department can impose

Mandatory unit transfers based on the following:

Annual Re-Exams

Fire/Natural Disaster

Overcrowding

Renovations

Special Circumstances

Under Utilization

B. TENANT INITIATED TRANSFERS. The GTB Housing Department also recognizes that tenants may

request unit transfers for the following reasons.

Gang violence

Emergency situation

Increase/decrease in family size

Medical reason(s)

One-for-One Swap

C. NOTE: Unit transfers WILL NOT be considered or approved by the Housing Department when

such a transfer is determined to be solely for the convenience of the tenant or for the purpose

of obtaining a more desirable unit location.

45.2

PRIORITIES

At times, the number of transfers (mandatory or tenant initiated) may exceed the capacity of

the GTB Housing Department's available inventory. As such, priorities have to be set for

effective management.

A. The GTB Housing Department will give tenants in the Rental Programs, who are displaced by

fire or natural disaster, priority above all others on the waiting list.

B. All other transfer requests will be placed on the Waiting List in the date/time order that the

transfer request is approved by GTB Housing staff.

C. Special circumstances to be determined by GTB Housing staff.

In the event the GTB Housing Department is faced with more than ten (10) vacancies, management

may, at its discretion postpone or delay otherwise valid transfers (mandatory or those initiated by

tenants). This will enable the GTB Housing Department some leeway in meeting the needs of the large

number of people waiting for housing. Under these circumstances, the urgency or need to move

someone who already has a home will be weighed against the need of those who are without and in

need of housing

45.3

MANDATORY TRANSFERS

The GTB Housing Department can impose Mandatory unit Transfers on tenants under the

following circumstances:

A. ANNUAL RE-EXAMS. The annual re-examination provides the GTB Housing Department staff an

opportunity to review any changes in family composition that may require a transfer to a larger

or smaller dwelling unit.

B. FIRE/NATURAL DISASTER TRANSFER. Should a tenant's home (under management by the GTB

Housing Department) be damaged by fire or natural disaster, the following will apply.

(1) The tenant will have the option to find alternative housing (on their own and without

cost to the GTB Housing Department) while repairs to their rental unit are being

completed. No rent will be charged for the vacated unit during the period they are

displaced.

(2) If so desired, the GTB Housing Department will make the next vacant unit (meeting their

bedroom requirement) available to the family.

(3) Failure (on the part of the displaced family) to accept a unit provided by the GTB

Housing Department, for whatever reason (i.e., personal preference, location, etc.) will

automatically relieve the GTB Housing Department of any further obligation to provide

another alternative home.

(4) Once a new unit is accepted (following a fire or natural disaster), subsequent transfer

requests are subject to the guidelines and criteria outlined in this policy.

C. OVERCROWDING. Over-crowding of dwelling units often is the cause of serious problems

including crime, vandalism, excessive maintenance costs, and low tenant satisfaction. The GTB

Housing Department staff will, to the extent possible, strive to avoid overcrowding in units

under its management. If the GTB Housing Department determines that the size of the

dwelling unit is no longer appropriate to the tenants needs (as outlined in the GTB Housing

Department Admissions Policy and HUD regulations which equate the number of family

members to number of bedrooms), the tenant and his family will be required to transfer to

another unit so designated by GTB Housing Department management.

To the extent possible, the GTB Housing Department staff will try and relocate the family to the

appropriate size home, within the same project or area.

If there are no immediate openings, or none projected within the same project or area, the

family will be required to move to the unit so designated by the GTB Housing Department.

D. RENOVATIONS. To the extent feasible, GTB Housing Department management will endeavor to

do "major" renovation work when units have been vacated (i.e. tenant terminates lease and

moves out).

If the GTB Housing Department determines that an occupied dwelling unit is in need of

renovation and that funds are available to make the required renovations, the tenant and his/

her family will be required to transfer to another available unit of comparable size within the

same project (if a unit is available) or to any other project (where a vacancy exists) which the

GTB Housing Department operates.

Under such circumstances, the affected family has the option to return to the renovated unit

once work is completed.

The GTB Housing Department will assist families, affected by this, relocate their belongings to

the new unit. This will be done by either providing Housing staff/vehicles to help with the move

or pay for the "reasonable costs" of hiring a professional mover.

E. SPECIAL CIRCUMSTANCES. From time-to-time, it may be necessary for GTB Housing

Department management to move a family for reasons other than those identified above. For

example:

(1) An illness or accident may necessitate that a family member be afforded handicap

accessibility and the current home does not have it. If I when a handicap accessible unit

is open, the family would be asked to move.

(2) Structural, mechanical, or maintenance problems with a unit that require an extended

period of time to correct may dictate that a family be moved to another unit. In such

cases, safety of the family would be the driving factor.

F. UNDER UTILIZATION. This is best depicted by example.

(1) If, for example, a family was originally assigned a four (4) bedroom unit based on six (6)

member household. Over time, their children grow and move on thus leaving the

husband and spouse alone in the unit.

(2) Since they no longer have a need for a large four (4) bedroom house, they would be

required to move to a smaller two (2) bedroom unit. This action frees up the larger four

(4) bedroom unit for a family that needs the extra bedrooms.

(3) The GTB Housing Department will notify tenants of MANDATORY UNIT TRANSFERS in

writing (See Appendix 47).

i. Following formal written notification of such transfer, the tenant and his/her

family will be given thirty (30) calendar days’ time in which to move, provided

that a unit of the required size is available.

ii. Tenants are required to complete the DECLARATION OF ACCEPTANCE/REFUSAL

form (See Appendix 47) and return it to the GTB Housing Department

immediately.

iii. Tenant Options when faced with a MANDATORY TRANSFER.

1. The tenant will be informed of the pending MANDATORY TRANSFER,

counseled on the necessity for it, and allowed to comment on it.

2. If the tenant refuses to move voluntarily, the GTB Housing Department

Manager will advise his/her Occupancy staff to initiate the NTQ process.

iv. If the transfer is found to be in compliance with the TRANSFER POLICY, the

TRANSFER will go forward.

v. Additionally, the GTB Housing Department recognizes the fact that a transfer

during the middle of the school year could mean a tenant's children have to

switch schools. Under such circumstances, the GTB Housing Department will

permit the tenant to postpone the transfer from one unit to another or from one

project to another, until the end of the school year if the tenant so requests it in

writing.

G. ARREARS BALANCES.

Tenants with arrears balances, who are directed to make a MANDATORY UNIT TRANSFER, will

have the arrears balance from their former unit carried forward with them (for accounting

purposes) to the new unit.

(1) The GTB Housing Departments HDS (Housing Data Systems) file for the new unit, will be

annotated to reflect the arrears balance from the old unit.

H. PERSONAL BELONGINGS.

(1) Tenants are responsible for removing their personal belongings and all debris from the

unit at time of transfer.

(2) If the dwelling unit is not clear of personal belongings and/or debris after the 30-day

time limit, the GTB Housing staff shall inform the Tenant that they will have twenty-four

(24) hours to remove all items in the unit.

(3) If, after the 24 hours, the items and debris are still in the unit, the GTB Housing

Department staff will remove all belongings and debris, and dispose of them at tenants

cost.

45.4

TRANSFERS INITIATED BY TENANTS. Tenants can request unit transfers based on the following

criteria:

A. GANG VIOLENCE. In recent years, gang violence has been escalating, and impacts on the lives of

our tenants throughout the reservation. In certain instances, some families seem to get

targeted by gangs and are more subject to gang violence than others in the community.

(1) If a head of household is seeking a unit transfer because of gang violence, he/she must

be able to prove that they are in fact victims. Uncorroborated statements from the head

of household ARE NOT sufficient grounds for a transfer under this criteria.

(2) The head of household must be able to substantiate, through GTB Tribal Police

Department reports that such gang related incidents occurred.

(3) "Isolated' incidents ARE NOT grounds for a transfer. The head of household must be

able to document a pattern of gang activity directed against his/her family. This would

include AT LEAST THREE (3) documented incidents within a six-month time frame.

NOTE: Tenants granted a transfer under this criteria are reminded that said transfer WILL NOT

necessarily alleviate the problem because gang violence is not isolated to any one area of the

reservation.

B. EMERGENCY SITUATIONS. For the purpose of this policy, an emergency is defined as "the need

for urgent action in order to safeguard the life, health and safety of a tenant and/or his/her

family".

C. INCREASE / DECREASE IN FAMILY SIZE. Should the tenant’s family have an increase in family size

(i.e., birth of child, approved custody for children, adoption of a child, marriage) or a decrease

in family size (i.e., loss of custody of children, older children move out, death in the family) they

can request a transfer to a more appropriate size unit.

(1) If a tenant's family size decreases, and there is no longer a need for a larger home, the

tenant can request a transfer to a smaller unit.

(2) If a tenant's family size increases, and there is a need for a larger unit. The tenant can

request to transfer.

(3) If a tenant is requesting a transfer to a larger unit, based on an increase in family size

due to more children residing in the unit, the head of household must submit the "legal'

documentation necessary to support "custody''. That statement must be on the court or

child welfare agencies official stationery and it must identify who the children are (by

Name, Date of Birth, and Social Security Number), who has been awarded custody, and

the duration of said custody:

(4) If a tenant is requesting a transfer to a larger unit, based on an increase in family size

due to a marriage, the head of household must first submit the "legal' documentation

necessary (marriage certificate) to support the claim.

D. MEDICAL NEED. For the purpose of this policy, medical need is defined as "when an individual

has a physical impairment of such a nature that it could be improved by a more suitable house

and/or location". Those requests must be supported by a doctor's written certification that

such a medical condition exists and that the move is in the best interests "medically'' for the

individual.

E. ONE-FOR-ONE SWAP. From time-to-time, tenants may find themselves in a situation whereby

they were assigned units in one area and later felt compelled to move to a different area. If a

tenant (head of household) knows of a tenant (head of household) in his/her desired area and

that tenant is willing to move (swap units), the GTB Housing Department will help facilitate the

transfers.

(1) The GTB Housing Department will consider unit transfers initiated by two (2) tenants,

provided there is a mutual agreement between the two (2) tenants. The dwelling units

involved must be of comparable size and both tenants must be willing to exchange

units.

(2) A written agreement must be signed before-hand, by each tenant (head of household),

stating that they are agreeable to such a swap and that they are willing to accept the

unit "AS IS' when the move-in inspections are conducted.

F. Responsibility for taking care of notifications to the Utility and L P. gas companies rests with the

tenants involved (NOT THE HOUSING DEPARTMENT). Tenants will promptly notify the GTB

Housing Department when such notifications have been made.

G. Any outstanding obligations (and/or final bills) for each affected unit must be worked out

between the two (2) tenants prior to transfer. Examples are (but not limited to): LP gas,

electricity, cable T.V., etc. Tenants will make the GTB Housing Department aware of such

actions prior to the transfer.

H. It is the responsibility of the tenants to coordinate the actual date the unit transfers will take

place. The GTB Housing Department requires at least 48 hours’ notice so that move-out/movein inspections can be arranged.

I. All Tenant Initiated Unit Transfer Requests shall be submitted to the GTB Housing Department

on an approved REQUEST FOR UNIT TRANSFER form (See Appendix 48).

(1) These forms can be obtained from the receptionist at the GTB Housing Department

office.

These forms must be:

Dated

Include reason(s) for requesting the transfer

Signed by the lease holder(s)

J. REVIEW AND APPROVAL/DISAPPROVAL OF TRANSFER REQUESTS.

(1) GTB staff will review the transfer request then forward it to the GTB Housing

Department Manager. This action will be completed within three (3) business days of

receipt of the request.

(2) GTB staff will provide the Department Manager with pertinent information on the

tenant, with regards to type of tenant he/she is, payment history, problems, etc. Insight

on how the requested move would impact tenants in the new area should also be made

known to the Department Manager.

(3) The Department Manager will review the tenants file, weigh all the facts, and ensure

compliance with the Transfer Policy prior to rendering a decision. This action will be

completed within ten (10) workdays of receipt of the request.

(4) The tenant must be in good standing and current on all obligations due the GTB Housing

Department and the Utility Company(s) before a unit transfer will be considered or

granted. This means that they should have a good record regarding the maintenance of

their home, a good relationship with their neighbors, and a good rental and utility

payment history.

i. Tenants who have an arrears balance with the GTB Housing Department or

Utility Companies WILL NOT be eligible for a unit transfer until such obligations

are PAID IN FULL.

ii. Tenants who are known to, or have a history of, causing damage to units WILL

NOT be eligible for a unit transfer.

iii. Tenants who are known to, or have a history of, causing problems with their

neighbors WILL NOT be eligible for a unit transfer.

K. PRELIMINARY APPROVAL.

(1) The Department Manager will notify tenants, in writing, of the PRELIMINARY

approval/disapproval of their transfer request. This action will be completed within ten

(10) business days of receipt of the request. (See Appendix 49)

(2) Once a preliminary approval has been granted, inspections and repairs must be made in

accordance with Section 5 of this document. The Department Manager will notify the

GTB Housing Department staff of the need to schedule such an inspection. (See

Appendix 50)

(3) For management purposes, the Occupancy Specialist will add approved transfer

requests to the applicable waiting list(s) based on the bedroom size authorized.

L. FINAL APPROVAL.

(1) The Department Manager will notify tenants, in writing, of FINAL approval/disapproval

of their transfer request following the results of cleaning/repair work required (as

identified by GTB Housing Department staff) and accomplished by the vacating tenant.

(2) This notification will be done within five (5) business days of receipt of the Maintenance

Division Release Statement.

(3) Once FINAL approval has been granted, GTB staff will work with the tenant to schedule

a move-in date and move-in inspection.

M. PERSONAL BELONGINGS.

(1) Tenants are responsible for removing their personal belongings and all debris from the

unit at time of transfer.

(2) If the dwelling unit is not clear of personal belongings and/or debris, the Occupancy

Specialists shall inform the Tenant that they will have twenty-four (24) hours to remove

all items in the unit. If, after the 24 hours, the items and debris are still in the unit, the

GTB Housing Department staff will remove all belongings and debris and dispose of

them at the tenant’s expense.

44.5

INSPECTIONS & NEEDED REPAIRS

A. While the GTB Housing Department recognizes the need to accommodate valid transfer

requests, they must be weighed along with the high demand for housing and a limited

inventory to meet that demand. As such, tenants will be held accountable for the condition of

the unit to be vacated.

B. Upon PRELIMINARY approval of a transfer request, GTB Housing Department staff will inspect

the unit and advise the tenant of what cleaning and repairs (less painting) are required. (See

Appendix 51)

C. Once the tenant has completed the required cleaning and repairs, they must notify the GTB

Housing Department.

D. The GTB Housing Department Maintenance Division will then do a follow-up inspection to verify

that such work has been completed and forward a release statement to the Department

Manager. (See Appendix 52)

E. Prior to FINAL approval of any transfer request, the tenant requesting the transfer must agree

(in writing) to take financial responsibility for all needed cleaning (home, appliances, etc.) and

repairs (less painting) to the unit being vacated. Painting (as required) will be taken care of by

the GTB Housing Department and where circumstances dictate, the vacating tenant may be

billed for labor and materials.

F. If for some reason the transferring tenant fails to pay for the cost of any maintenance (less

normal wear and tear) required to bring the unit up to acceptable standards for the next

occupant family, then the transferring family will be billed for those repairs and held

accountable for payment.

G. Once the provisions of Section 4 and 5 of this policy have been met, the unit transfer can then

take place. These safeguards help ensure that tenants are given the opportunity to move. At

the same time, they help speed up turnaround time on vacated homes. Thus, unnecessary

down time is eliminated, and the home can be made available to another family on the waiting

list much quicker

SECTION 46

T.V. RECEPTION OPTONS

The following applies to ALL Programs

46.1. Direct T.V. Dish.

Clients are NOT allowed to install a Direct T.V. Satellite Dish (for T.V.

reception) on the roof of their dwelling unit because drilling holes to secure

it can causes problems with water leaking into the home when it rains /

snows.

Clients wishing to install a Direct T.V. Satellite Dish must first request

permission from the Housing Department.

(1)

The request, from the client, shall be in WRITING.

(2)

The Housing Department Director shall review and approve ALL

such requests.

(3)

The Director shall notify the client, in WRITING, of his / her decision

within five (5) business days of receipt of the clients request.

(4)

See Appendix 54 for a Sample of the Housing Department’s

“Direct T.V. Satellite Dish Installation” request form letter.

Direct T.V. Satellite Dish’s may be installed on a metal pole and anchored

in the ground next to the dwelling unit. The dish support pole may also be

anchored to the roof fascia with anchor bolts.

(1)

The Direct T.V. Satellite Dish shall be grounded to prevent electrical

fires that could be caused by lighting hits.

(2)

Installation shall be at the client’s expense – NOT housings.

(3)

Upon Move-Out, the client shall be responsible for removal and

disposal of the Direct T.V. Satellite Dish and ALL cabling.

(a)

Clients are NOT eligible for any type of reimbursement for

expenses (from the Housing Department) that they might

have incurred during the installation of a Direct T.V. Dish.

(b)

If items are NOT removed, at time of Move-Out, the Housing

Department shall remove them, however, the client shall be

billed for the cost of removing and disposing of those items.

(d)

See the Housing Department’s RENT and COLLECTION

Policy for details on billing and collection procedures.

46.2. Satellite Dish.

Clients are NOT allowed to install a Satellite Dish (for T.V. reception) on the

roof of their dwelling unit because drilling holes to secure it can causes

problems with water leaking into the home when it rains / snows.

Clients wishing to install a Satellite Dish must first request permission from

the Housing Department.

(1)

The request, from the client, shall be in WRITING.

(2)

The Housing Department Director shall review and approve ALL

such requests.

(3)

The Director shall notify the client, in WRITING, of his / her decision

within five (5) business days of receipt of the clients request.

(4)

See Appendix 55 for a Sample of the Housing Department’s

“Satellite Dish Installation” request form letter.

Satellite Dish’s may be installed on a metal pole that is securely anchored

in the ground (i.e., in a cement base / pad) and at lease twenty (20) feet

away from the dwelling unit.

(1)

The Dish shall be grounded to prevent electrical fires that could be

caused by lighting hits.

(2)

Installation shall be at the client’s expense – NOT housings.

(3)

Upon Move-Out, the client shall be responsible for removal and

disposal of the dish, pad, and ALL cabling.

(a)

Clients are NOT eligible for any type of reimbursement for

expenses (from the Housing Department) that they might

have incurred during the installation of a Satellite Dish

(b)

If items are NOT removed, at time of Move-Out, the Housing

Department shall remove them, however, the client shall be

billed for the cost of removing and disposing of these items.

(c)

See the Housing Department’s RENT and COLLECTION

Policy for details on billing and collection procedures.

46.3. T.V. Antennas.

Clients are NOT allowed to install exterior T.V. antennas on the roof of their

dwelling unit because drilling holes to secure it can causes problems with

water leaking into the home when it rains / snows.

Clients wishing to install a T.V. Antenna must first request permission from

the Housing Department.

(1)

The request, from the client, shall be in WRITING.

(2)

The Housing Department Director shall review and approve ALL

such requests.

(3)

The Director shall notify the client, in WRITING, of his / her decision

within five (5) business days of receipt of the clients request.

(4)

See Appendix 56 for a Sample of the Housing Department’s “T.V.

Antenna Installation” request form letter.

Antennas may be installed on a metal pole, and anchored in the ground

next to the dwelling unit. The antenna support pole may be anchored to the

roof fascia with anchor bolts.

(1)

The Antenna shall be grounded to prevent electrical fires that could

be caused by lighting hits.

(2)

Installation shall be at the client’s expense – NOT housings.

(3)

Upon Move-Out, the client shall be responsible for removal and

disposal of the Antenna, support pole, and ALL cabling.

(a)

Clients are NOT eligible for any type of reimbursement for

expenses (from the Housing Department) that they might

have incurred during the installation of a T.V. Antenna.

(b)

If items are NOT removed, at time of Move-Out, the Housing

Department shall remove them, however, the client shall be

billed for the cost of removing and disposing of these items.

(c)

See the Housing Department’s RENT and COLLECTION

Policy for details on billing and collection procedures.

SECTION 47

UPKEEP

DWELLING UNIT

PROPERTY / GROUNDS

The following applies to ALL Programs.

47.1. Landscaping.

Trees, bushes, shrubs, flowerbeds, etc. have been planted / installed on the

property of most dwelling units to enhance the beauty of the neighborhood.

(1)

Clients are encouraged to further enhance the beauty of their

neighborhood by planting and caring for additional trees, bushes,

shrubs, flowerbeds, etc.

(2)

Clients may, at their discretion and expense, buy and plant additional

trees, bushes, shrubs, flowers on / around their dwelling unit.

Clients shall properly care for such vegetation (i.e., pruning, watering, etc.)

to ensure the continued beauty of the housing area.

ALL trees, bushes, shrubs, flowerbeds remain the property of the Housing

Department.

(1)

Clients are prohibited from removing any existing trees, bushes,

shrubs, flower beds, etc. without first contacting and obtaining

WRITTEN approval from the Housing Department Director.

(2)

Clients are prohibited from removing any trees, bushes, shrubs,

flower beds, etc., at time of Move-Out, even those which they paid

for and planted.

47.2. Watering.

A. Watering the lawn shall be done, by the client, as necessary to prevent brown

or burned lawns.

B. Clients shall be considerate of their neighbors by supervising / monitoring the

watering of lawns, gardens, etc. so as NOT to damage their lawns, gardens,

and property because of flooding.

Garden hoses or sprinklers are NOT to be left on when NOT in use. This

wastes resources and can lead to flooding.

47.3. Outside Storage.

Generally speaking, clients shall NOT store household or other property /

belongings (i.e., sofa, couch, kitchen table, etc.) outside the dwelling unit.

Exceptions include such things as:

(1)

Bicycles

(2)

Barbecue Grills

(3)

Lawn Chairs

(4)

Lawn Tables

(5)

Lawn Mowers

The Housing Department is NOT responsible for personal items; left

unsecured (or otherwise) outside of the dwelling unit, that are stolen or

damaged. In other words, if things are stolen from the yard or damaged by

vandals, clients are to report the theft / vandalism to the Tribal Police

Department - NOT the Housing Department. Financial claims, for such

losses, should be filed with the Clients Insurance Company (i.e., under the

clients Renters Insurance Policy or Homeowners Insurance Policy).

47.4. Sheds. Sheds are allowed for storing such items as noted above in Section 47,

Para 47.3. See Section 37 (entitled: Sheds) of this document for additional

details.

47.5. Snow Removal.

Clients are required to keep snow removed from their driveways and

common areas (i.e., sidewalks) of their dwelling units.

Generally, speaking, snow removal should be completed within forty-eight

(48) hours of snowfall.

The only exception to the conditions noted above, is for those clients in the

“Elderly Apartments” which under management by the Housing

Department.

(1)

The Housing Department Maintenance Division staff shall be

responsible for snow removal in the common areas (sidewalks /

driveways / parking areas) of the “Elderly Apartments”.

(2)

It is the goal of the Housing Department Maintenance Division to get

snow removed from the “Elderly Apartment” common areas and

driveways as soon as possible (time, staff, and workload permitting),

but NO later than twenty-four (24) hours after the snowfall.

(3)

If snow has NOT been removed twenty-four (24) hours after the

snowfall, elderly clients are encouraged to call the Housing

Department Maintenance Division (at 231-271-4473) to check on

the status.

47.6. Vegetable Gardens.

A. Clients may engage in gardening on their leased property, with PRIOR

WRITTEN approval, from the Housing Department Director.

B. Garden Plots must be “modest” in size.

At time of Move-Out, clients shall return the premises (lawn) to its original

state. In other words, reseeded with grass). This shall be done at the

client’s expense – NOT Housings.

(1)

If the client fails to return the premises (lawn) to its original state, the

Housing Department shall take care of it. The client however, shall

be billed for the expenses (labor / materials) incurred by the Housing

Department in doing so.

(1) See Section 50 (entitled: Vacating Units) of this document, for details

on billing, collecting, and the consequences of NOT paying for rightful

obligations.

47.7. Parking Area Upkeep.

Parking areas shall be swept and kept free from grease, oil, etc.

Any vehicle that is found or observed to be leaking fluid of any kind shall be

removed from the street or driveway IMMEDIATELY.

(1)

If the client does NOT remove the vehicle, the Housing Department

shall take those actions necessary to get the vehicle removed.

(2)

The client shall be held responsible for ANY / ALL costs associated

with the removal of the vehicle.

(3)

The client shall be held responsible for the clean up of any grease,

oil, gas spills from the vehicle.

47.8. Yard Upkeep.

Clients shall be responsible for the basic upkeep of their yards and keeping

them in an acceptable condition, free from trash, clutter, and debris

(including abandoned or junk cars).

“Basic Upkeep” includes: watering the lawn, mowing / trimming the lawn,

and trimming shrubs / bushes on the property, whenever necessary.

(1)

Garden hoses, sprinklers, electric trimmers, etc. should be stored in

the house or outside storage shed when NOT in use.

(2)

Gasoline powered lawnmowers shall be stored outdoors or in an

outdoor shed at ALL times – never in the house. Storage in the

home is considered to be a fire hazard and safety issue.

The Housing Department shall monitor the condition of the clients yard

through periodic inspections and drive-bys.

Clients shall be responsible for cutting the grass, in their yard, on a regular

basis.

(1)

If a client fails to keep the grass, in his / her yard, cut (to the

satisfaction of the Housing Department), the following shall occur.

(a)

When grass is found to be in excess of eight (8) inches, the

Housing Department shall issue a NOTICE to the client that

his / her grass needs to be cut within seventy-two (72) hours.

See Appendix 57 for a Sample of the Housing Department’s

“Notification of Need for Yard Upkeep” form letter that is

sent to clients regarding lawn-mowing requirements.

(b)

If the grass is NOT cut within seventy-two (72) hours, the

Housing Department shall make arrangements to have it

cut.

(c)

The cost of cutting the grass shall be billed to the client.

Established Rates. Listed below are the current rates

for services, for lawn/yard care, that the Housing

Department shall bill the client:

Single Cut $25.00

Ability to cut grass one time.

Double Cut $30.00

High grass that must be cut down once at a

higher blade setting and a second time at lower

blade setting in order to achieve the desired

standard height.

(2)

Yard Clean Up

$10.00

If the yard is littered with trash / debris, this shall

be picked up prior to cutting the grass.

Review of Rates. These rates shall be reviewed and

adjusted annually based on the service providers rates.

Receipt of three (3) or more of these NOTICES, within a twelve (12)

month period, can lead to Termination of the Rental Lease /

Homebuyer (MHOA) Agreement and Eviction.

(3)

Grass clippings shall NOT be deposited on any street, road, or

common property, except in proper containers on collection days.

The only exception to the conditions noted above, are for those clients in

“Elderly Apartments”. The Housing Department’s Maintenance Division

staff shall be responsible for ALL yard upkeep at the “Elderly Apartment”

facilities.

Clients are also encouraged to read and review Grand Traverse Band

Tribal Ordinance 87-19, entitled “Junk Yard Ordinance” for additional

information on keeping their yards clean.

SECTION 48

USE OF THE HOME

48.1. ALL programs.

Clients and the Housing Department are jointly responsible to the Tribe,

and future generations, for ensuring that the Tribes housing stock is used

properly and well maintained.

It is the responsibility of each client to show respect for the housing program

and appreciation for his / her low housing cost by keeping his / her unit and

grounds in a decent, safe and sanitary condition at ALL times.

Principal Place of Residence. As a condition of occupancy, clients are

required to use the assigned dwelling unit as their “PRINCIPLE” residence

during the term of the Rental Lease / Homebuyer (MHOA) Agreement (as

applicable).

Dwelling units are for the sole use of the client’s family and / or dependents

(as listed on the Application for Housing Assistance, Rental Lease

Agreement, or Homebuyer (MHOA) Agreement – as applicable).

Clients shall NOT use, or permit the use of the dwelling, for any other

purpose.

Instances of serious abuse or misuse of the dwelling unit (i.e., NOT using it

as one’s Principal Residence) is cause for Termination of the Rental Lease

/ Homebuyer (MHOA) Agreement and Eviction.

48.2. Homeownership - Mutual Help.

Once a client has been assigned a Mutual Help home, entered into an

MHOA, and moves in, he / she is prohibited from obtaining other federally

subsidized housing.

If other housing is desired, the client must “voluntarily” divest his / her

interest in the Mutual Help home. That means turning the home back in to

the Housing Department.

If the client vacates the Mutual Help unit, for the purposes of residing

elsewhere, and fails to abide by the Housing Department’s MUTUAL

HELP SUB-LEASE Policy, he / she shall be subject to Termination of the

Homebuyer (MHOA) Agreement and Eviction proceedings.

SECTION 49

UTILITIES / SERVICES

49.1. General. The following Utilities / Service issues are common to ALL programs.

Proper Use of Facilities.

(1) Tampering with Utility Meters.

(a)

Clients shall NOT tamper with utility meters (or other utility

equipment).

(b)

Clients who experience problems with any of their utility

services should contact that Utility Service Provider

(Customer Service Office) directly to report those problems

and / or to seek assistance.

(2) Use Equipment / Services as Intended.

(3)

(4)

(a)

Clients shall NOT use plumbing, electrical, or gas burning

equipment for any purpose other than that for which it was

intended.

(b)

For example, the gas / electric range were intended for

cooking – NOT HEATING THE HOUSE.

What NOT to Dispose of in the Sewage System.

(a)

Under NO circumstances are coffee grounds, cloth, or

disposable diapers, sanitary napkins, loose plastic items, or

any other such materials to be disposed of in the sewage

system.

(b)

In the event it is determined that clogged pipes (requiring

clearing or repairs) can be linked to clients, clients family, or

clients guests putting such items (as noted above) into the

sewage system, then the cost of repairs to unclog / repair the

pipes shall be billed to the client.

Reporting Problems. If there are problems with either the sewer or

septic systems, clients shall report them, via phone, to the Housing

Department IMMEDIATELY.

Requesting Utilities / Services.

(1) The client (Renter / Homebuyer) shall be responsible for requesting

service to be started, to his / her unit, directly from the Utility / Service

Provider.

(2) Following hook up, the client (Renter / Homebuyer) shall be responsible

for the payment of ALL utility bills (including hook up fees) that are

NOT provided by the Housing Department. Such payments shall

be made directly to the Utility / Service Provider.

Weekly (Curb Side) Garbage Pick up.

(1)

Garbage Pick up shall take place on Monday of each week.

(2)

It is the client’s responsibility to take their garbage to the curbside

pick up point.

(3)

Garbage shall be at the curbside pick up point NO LATER THAN

8 a.m. on DESIGNATED DAYS.

(4)

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, paper boxes, and plastic bags are

NOT approved containers for garbage.

(5)

It is also the client’s responsibility to separate out recyclable

materials (if applicable) from their garbage prior to placing it curbside.

Spring and Fall Clean-up Campaign.

(1)

(2)

During the Spring (May) Clean Up Campaigns, the Housing

Department will have pick up of all debris placed by tenant on the

curb .

These pick up vehicles are NOT intended for the disposal of

“oversized” items. If clients have “oversized” items (such as car

parts, appliances or brush of any kind) they should be separated so

it can be made for proper pick up and disposal.

L.P. and/or Natural Gas (for Heating / Cooking).

(1)

Tanks Provided by Housing. The Housing Department has

furnished an L.P. Gas storage tanks (1000-gallon capacity) to

service each single family Rental and Mutual Help home (if

applicable). These storage tanks are secured to concrete slabs

adjacent to the building. Appropriate regulators and authorized gas

pipes have been installed between the tank and the dwelling unit.

(2)

Selecting Service Provider. Clients may select the L.P. service

provider of their choice, however, they shall NOT be allowed to use

unauthorized L.P. storage tanks (i.e., stand up L.P. cylinders, small

camping size containers, etc.), regulators or piping (i.e., plastic

tubing). Use of such unauthorized materials can create both a fire

and safety hazard and is strictly PROHIBITED.

(3)

Maintaining Adequate Heat.

(4)

(a)

The client is responsible for maintaining sufficient fuel levels

in the L.P. gas tank, so that adequate heat can be furnished

to the dwelling unit, to prevent freezing of piped water.

(b)

The client is also responsible for maintaining electricity to the

unit so that the furnace can operate properly.

(c)

If, for any reason, the client is unable to maintain sufficient

heat or electricity to the unit, he / she shall notify the Housing

Department IMMEDIATELY.

(d)

If the unit suffers damage, resulting from the clients failure to

maintain sufficient heat and / or to notify the Housing

Department, he / she shall be charged (labor and materials)

for any and ALL damages.

Monitoring and Paying for L.P. / Gas (at Move-In / Move-Out).

(a)

Minimum Fill.

“New” clients are entitled to sufficient fuel, at time of

Move-In, to get them started.

Towards that end, the Housing Department

Maintenance Division staff shall ensure that the L.P.

Gas tank is checked, when they are done with the

maintenance / rehabilitation work.

Where necessary, they shall contact a local area L.P.

gas provider and make arrangements for a “minimum”

fill.

For purposes of this policy, “minimum fill” shall mean

twenty-five (25) percent (%) of the tank.

The cost of that initial “minimum” fill, for the NEW

Client, shall be born by the Housing Department.

(b)

Document Fuel Level at time of Move-In. As part of the

Move-In Inspection, the Housing Department Inspector shall

document the amount of fuel (in gallons) in the L.P. storage

tank, on the Move-In Inspection Report Form.

(c)

Document Fuel Level at time of Move-Out.

Upon

termination of the Rental Lease / Homebuyer (MHOA)

Agreement, another reading shall be taken during the MoveOut Inspection. The Housing Department Inspector shall

document the amount of fuel (in gallons) remaining in the L.P.

storage tank, on the Move-Out Inspection Report Form.

(d)

Paying for Fuel.

The client shall be responsible for the difference in the

amount of fuel used by comparing the Move-In and

Move-Out readings.

The fuel price (per gallon) at time of Move-Out, shall be

used as the basis for determining what is DUE the

client or what the client OWES the Housing

Department.

For example: Client owes:

Gal. at Move-In

300 @ $1.25 a gal. = $375.00

Gal. at Move-Out 200 @ $1.25 a gal. = $250.00

Client owes Housing

$125.00

For example: Housing owes client a refund:

Gal. at Move-In

300 @ $1.25 a gal. = $375.00

Gal. at Move-Out 500 @ $1.25 a gal. = $625.00

Housing owes Client

$250.00

Services NOT provided by Housing. It is the responsibility of the client

to make arrangements, with the applicable Utility / Service Provider, for

those services needed / desired and for which the Housing Department is

NOT responsible for.

Payment for services NOT provided by Housing.

(1)

It is also the responsibility of the client (NOT the Housing

Department) to PAY for any of the services, for which they have

contracted for (including any deposits and / or hook up fees), and for

which the Housing Department is NOT responsible for.

(2)

Utility and Service providers shall bill clients directly for those

services they have requested.

(3)

At times, clients fail to have the utilities / service provides bill them

directly. In some instances, those bills are then forwarded to the

Housing Department for payment.

(a)

Such bills, received by the Housing Department, shall be

forwarded on to the client for payment.

(b)

Failure of the client to pay, or have the service provider put the

bill in the clients name for three (3) consecutive months,

(following Move-In or start date of service) is grounds for

Termination of the Rental Lease / Homebuyer (MHOA)

Agreement and Eviction.

49.2. Utilities / Services for Low-Income Rental – Single Family Housing Units.

Provided. The Housing Department SHALL provide the following

UTILITIES / SERVICES to those clients living in Low-Income Rental Single Family Housing units managed by the Housing Department:

(1)

Sewer.

(2)

Water.

(3)

Weekly (Curb Side) Garbage Pick up. (See details in Para 49.1.C.

above)

(4)

Spring and Fall Clean-up Campaign. (See details in Para 49.1.D. above)

Note: Clients shall refrain from waste or excessive use of utilities that are

covered under their Rental Lease Agreement and paid for by the Housing

Department.

NOT Provided. The Housing Department SHALL NOT provide the

following UTILITIES / SERVICES to those clients living in Low-Income

Rental - Single Family Housing units managed by the Housing

Department:

(1)

L.P. / Gas (for heating / cooking).

(2)

Fire Wood (for heating). N/A

(3)

Electricity.

(4)

Telephone.

(5)

Cable T.V. Access.

(See details in para 49.1.E. above)

49.3. Utilities / Services for Low-Income Tax Credit Rental – Single Family

Housing Units. The same provisions, as for Low-Income Rental – Single Family

Housing Units, apply here. See details in Section 49, Para 49.2. above.

49.4. Utilities / Services for Low-Income Rental – Elderly and Apartment Units.

Provided.

The Housing Department WILL provide the following

UTILITIES / SERVICES to those clients living in Low-Income Rental –

Elderly and Apartment units managed by the Housing Department:

(1)

Sewer.

(2)

Water.

(3)

Electricity

(4)

Heat

(5)

Weekly (Curb Side) Garbage Pick up. (See details in para 49.1.C. above)

(6)

Spring delete Clean-up Campaign. (See details in para 49.1.D. above)

NOT Provided. The Housing Department SHALL NOT provide the

following UTILITIES / SERVICES to those clients living in Low-Income

Rental – Elderly and Apartment units managed by the Housing

Department:

(1)

Telephone.

(2)

Cable T.V. Access.

49.5. Utilities / Services for Market Based Rental and Mutual Help Housing

Units.

Provided. The Housing Department SHALL provide the following

UTILITIES / SERVICES to those clients living in Market Based Rental and

Mutual Help Housing units managed by the Housing Department:

(1)

Weekly (Curb side) Garbage Pick up. (details in para 49.1.C above)

(2)

Spring delete Clean-up Campaign. (See details in para 49.1.D. above)

NOTE: It should be noted that following conveyance of the Mutual Help

home, to the homebuyer, the Housing Department is NO longer obligated

to continue providing this service or bearing the cost for such continued

service.

NOT Provided. The Housing Department SHALL NOT provide the

following UTILITIES / SERVICES to those clients living in Market Based

Rental and Mutual Help Housing units managed by the Housing

Department:

(1)

Sewer.

(2)

Water.

(3)

Electricity.

(5)

L.P. /Natural Gas for heating/cooking (See details in para 49.1.E. above)

(5)

Fire Wood (for heating).

(6)

Telephone.

(7)

Cable T.V. Access.

SECTION 50

VACATING UNITS

The following applies to ALL Programs.

50.1. General. The purpose of this section is to provide procedures that apply to clients

who are vacating their dwelling units.

50.2. Sequence of Events. The sequence of events, for vacating a dwelling unit, shall

be as follows:

Notification. The client notifies the Housing Department, in WRITING, of

his / her intent to vacate.

See Section 24 (entitled: Notices) of this document for details on timing,

forms, etc. for such notices.

Pre-Move-Out Inspection.

(1)

The Housing Department Maintenance Division Inspector shall

schedule a Pre Move-Out Inspection of the unit within five (5)

business days of receipt of the clients Notice to Vacate – and when

such an inspection is so requested by the client.

(2)

The client shall be provided with a copy of the Pre Move-Out

Inspection Report so that he / she may make needed repairs /

replacements.

Move-Out Inspection.

(1)

The Housing Department Maintenance Division Inspector shall

schedule the Move-Out Inspection so that it coincides with the clients

stated Move-Out date (as noted on his / her Notice to Vacate.

(2)

If the client has NOT completed the necessary repairs / replacements

by the scheduled Move-Out date, the Housing Department

Rehabilitation Division shall be notified so that repairs can be

scheduled as soon as possible and the unit returned to service.

Billing for Repairs After Move-Out.

(1)

Once repairs and replacements have been taken care of, the Housing

Department Customer Care Specialist staff shall provide the client

with a detailed bill showing what work was done, the labor costs

involved, the material costs involved, and a final Settlement

Statement.

(2)

A copy of the Settlement Statement shall be placed in clients

Resident Services File. A copy shall also be forwarded to the

Housing Finance Division and the Housing Maintenance Division.

50.3. Client Due Refund.

The Housing Department’s Resident Services staff shall provide Housing

Finance with a copy of the Move-Out Settlement Statement (indicating that

a refund is due) so that the refund check can be issued and the client’s

account closed out.

If the client has a refund coming (either from the Security Deposit or MEPA),

the Housing Department Finance Division staff shall provide that refund to

the client within forty-five (45) calendar days of Move-Out.

50.4. Client Owes Housing Money.

If the client owes the Housing Department money, funds from the client’s

Security Deposit / MEPA (as applicable) shall be used to satisfy those

outstanding debts.

(1)

The Housing Department’s Resident Services staff shall provide

Housing Finance with a copy of the Move-Out Settlement

Statement (indicating a refund is due) so that the refund check can

be issued and the client’s account closed out.

(2)

Funds left over, after ALL debts have been paid, shall be retuned to

the client within forty-five (45) calendar days of Move-Out.

If the client owes money, and their Security Deposit / MEPA contain

insufficient funds to cover the debt, they shall be billed for the balance due.

(1)

Clients shall be given sixty (60) calendar days within which to make

good on their payment.

(2)

In the event a client fails to make that payment within sixty (60) days,

the matter shall be turned over to the Housing Department’s

Attorney.

(a)

The Attorney shall initiate legal action, for restitution, via the

Tribes Small Claims Court. Judgments for payment (via cash

or wage garnishment) shall be sought.

(b)

If legal action is required, the client shall be held responsible

for any and ALL legal fees associated with trying to recoup

funds due Housing.

(c)

If additional costs (legal) are incurred, the Resident Services

staff shall notify Housing Finance so that the client’s account

can be annotated accordingly.

50.5. Close Out Settlement Statement. See Appendix 46 for a Sample of the Housing

Department’s “Close Out Settlement Statement” form.

50.6. Determining Charges for Repairs / Damages.

Any amounts to be charged to the client, for repairs, shall be based on

ACTUAL COSTS (labor and materials) incurred by the Housing

Department.

For additional information on fixed

Department’s Maintenance Policy.

charges,

see

the

Housing

50.7. Other Potential Applicable Charges. The list below provides examples of some

of the OTHER charges that clients can be billed for when vacating a unit. This list

is NOT all-inclusive.

The cost of securing the unit (to protect against vandalism).

The cost of legal notification (i.e., servicing fees).

The cost of removing and disposing of abandoned vehicles.

The cost of storage and / or disposition of personal property left behind.

50.8. Additional Information. Additional information, on Move-Out Inspections can be

fund in Section 19 (entitled: Inspections) of this document.

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.