Effective: November 27, 2002

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Text

THE GRAND TRAVERSE

BAND OF PECAN: AND

CHIPPEWA INDIANS

HOUSING DEPARTMENT

POLICY

OCCUPANCY

Effective: November 27, 2002

ADOPTION

INTRODUCTION

APPLICABILITY

GENERAL

SECTION 1

OCCUPANCY

TABLE OF CONTENTS

ACCESS TO UNITS

Client Obligation

Examples

e Inspections

e Home Visits

e Maintenance

Inspections

e Inspections - Move-in, Move-Out,

Interim, Annual

e Notification Timeliness

e Notification Content

e Reminder Notice

e Counseling

e Inspections — Emergency

e Emergency Criteria

e Advising the Client of Entry

e Inspections - Maintenance

Home Visits

e Purpose

e Frequency of Visits

« Minimum

e Maximum

Client Responsibilities

Advance Notification

SBD SD

5-7

Occupancy Policy

06/01/01

SECTION 2

SECTION 3

SECTION 4

SECTION 5

SECTION 6

(Continued)

Entry for Routine and Preventive Maintenance

of Rental Units

e Routine Maintenance

Client Responsibilities

Advance Notification

Use of the Master Key

BURNING

BUSINESSES WITHIN THE HOME

Rental Programs

Mutual Help Program

e General

Written Request Required

Request Content

Request Review

Request Approval Criteria

Request Approval Notification

CHANGES TO WRITTEN AGREEMENTS

General

Review Requirements

Change Review / Approval Process

Methods of Change

e Addendum’s

e Re-Published Agreements

Notifying Clients of Changes

CLEANLINESS and Sanitation Issues

CONDUCT of Client’s, Family and Guests

Cleanliness

Garbage

Housekeeping

Weekly (Curb Side) Garbage Pick Up

Spring / Fall Clean Up Campaign

Sanitation

Applicable Tribal Ordinance

Criminal Activity

Drug Use

Termination of Lease / Eviction

Proceedings

Boarding Up the Unit

Notification

Time Lines

Supporting Documentation

PRP PEUPPTD PUPUVDIDTIS FB

PPPPIPDIP.S

Occupancy Policy

06/01/01

SECTION 6 (Continued)

Guests / Visitors

Laws

Loud Parties

Noise

Public Disturbances

Supervision of Children

Tribal Ordinances

Tribal Housing Policies

Violence

Reporting Problems

SECTION 7 CONVEYANCE OF OWNERSHIP

(Mutual Help Program Only)

General

Opportunity to Buy

Lease to Purchase Agreement

Tracking Payment History

Eligibility Requirements for Conveyance

e Arrears

e Homebuyers with Delinquencies

e Paid In Full

e Closing Costs

e Attorney’s Fees

e Insurance

e Taxes

Early Payoff

Conveyance Procedures

e Re-Verifying Information

e Notification Content

e Balance

e Date

e Associated Costs

e Counseling

e Homeowners Insurance

Lease Requirements

Preparation of Documents

Pay Off

Executing the Documents

e Distribution of Signed Documents

Transfer of Title

Proceeds from Sale

Withdrawal from the Program (Prior to

Conveyance)

@ No Compensation for Improvements

e Stove / Refrigerator

® Impact on MEPA

PPUVDUDDDDD

22-23

Occupancy Policy

06/01/01

p. 25 - 33

DUDS

DUBDDUDD

D PUDDODD

. 25

. 26

. 29

. 30

Occupancy Policy

06/01/01

SECTION 7 (Continued)

e Disposition of Vacated Mutual Help Houses p. 30-31

e Repair / Rehabilitation of the Unit

e Selecting a New Homebuyer

e Establishing a New Purchase Price

e New Amortization Schedule

e NewMHOA

e Post Conveyance Modernization or Other p. 31-32

Housing Assistance

e§F a Department Obligations following Conveyance p. 32

e Notify Insurance Carrier.

e Advise HUD / ONAP of the Reduction in CAS p. 32-33

SECTION 8 COUNSELING p. 34 - 36

e General p. 34

e Client Obligations p. 34

e Pre-Occupancy Counseling p. 34

e Orientation p. 34

e Homebuyer Counseling p. 35

e Post-Occupancy p. 35

e Program Requirements Counseling

e Use and Maintenance Counseling

e Budget Counseling

e Pre-Conditions that Warrant Counseling p. 35-36

e Failure to Attend

SECTION 9 DAMAGES Repairs, and Maintenance p. 37 - 44

e Rentals p. 37

e Prevention

e Reasonable Care

« Walls

e Waterbeds

e Windows

e Responsibilities of the Client p. 37-38

e Repairs p. 38

e Billing Clients for Repairs and Damages p. 38

e When Work or Repairs are Needed p. 39-40

e Notification

e Work Orders

e Use of Private Contractors

e Painting

e Beyond Normal Wear and Tear

e Reporting Damages Caused by Others p. 40-42

e Homeownership - Mutual Help Program _p. 42

e Homebuyer Responsiplies p. 42

8 apartment Maintenance Obligations p.42

e Failure t to 0 Maintain the Mutual Help Unit p. 42

e sing ‘tment Responsibilities p. 43

e Additional Information p. 44

iv.

SECTION 10

SECTION 11

SECTION 12

SECTION 13

SECTION 14

SECTION 15

SECTION 16

DEFINITIONS

EMERGENCIES

EMmergenciss Requiring = ng

Depar nt Notification / Reswanes

Emergencies During Normal Business

Hours

Emergencies After Normal Business

Hours

FENCING

General

Client Request Content

gq Department Review of Request

Housing Committee Review / Approval

Funding for Fencing

Fence Agreement

Fence Maintenance

Disposition at Time of Move-Out

Compensation After Move-Out

Fence Specifications Guide

FIREARMS

General

Firearms Storage

Exception for Hunters

Violations

EXTINGUISHERS

General

Location of Extinguishers

Demonstrations on Extinguisher Use

Tampering with Extinguishers

Periodic Inspections of Extinguishers

Reporting Fire Extinguisher Failures

FIRES

Who to Call

The Number to Dial

After the Fire

FLAMMABLES

General

Preventative Measures

Occupancy Policy

06/01/01

. 45. - 54,

. 55. - 56.

p. 55

DODUPDDUDDD’

fo)

p. 63-64

SECTION 17 GRIEVANCES

General

When to File

Grievance / Complaint Form

Additional Information

SECTION 18 ILLEGAL OCCUPANTS

General

Accommodations

Discovery

Client Options

Housing Department Actions

SECTION 19 INSPECTIONS

General

Move-In Inspections

e Purpose

Video Taping Inspections

Client Rights

Signatures on the Inspection Form

Distribution of the Inspection Form

Post-Occupancy Inspections

e When

e Purpose

e What's Covered

e Counseling When Needed

Annual Inspections

e Purpose

e Frequency

e Who Attends

e Video Taping Inspections

e Client Rights

e Signatures on the Inspection Form

e Distribution of the Inspection Form

e Access to the Unit

e Needed Repairs

Pre-Move-Out Inspections

e When

e Scheduling

e Associated Forms

vi.

Occupancy Policy

06/01/01

SECTION 19

SECTION 20

SECTION 21

SECTION 22

SECTION 23

(Continued)

e Move-Out Inspections

e Purpose

Who Attends

Video Taping Inspections

Client Rights

Signatures on the Inspection Form

Abandonment

e Distribution of the Inspection Form

e More Information

INSURANCE

e Housing Department Responsibilities

e Client Responsibilities

e Liability Disclaimer

KEYS

e Move-in

Lost Keys

Returning Issued Keys

Lockout’s

Lock Sets

Changing / Adding Additional Locking

Systems

LEASE Responsibilities

e General

Signatures (who signs)

Specifics on Rentals

Specifics on Homeownership

Changes in Status

e Client

e ris susing | Depar rtm

MEPA

Use of the Monthly Equity Payment Account

e Homebuyer Requests to Correct

lazer Conditions

: mt Authority to

Correct Conditions which Create a Hazard

e Written Request Procedures

e Conditions to Meet before Approval

can be Granted

e Impact when MHOA is Terminated

e Betterments and Additions

vii.

Occupancy Policy

06/01/01

DP PDOUDDDDUDD

SECTION 24

SECTION 25

SECTION 26

SECTION 27

SECTION 28

SECTION 29

Occupancy Policy

NOTICES p. 86 - 87

Client Notices to Housing

e General . p. 86

e Client Notice Content p. 86

e Client Notice Worksheet p. 86-87

e Formal Grievance / Complaint p. 87

e Client Generated Termination Notice p. 87

e Client Generated Notice Delivery Methods p. 87

NOTICES p. 88 - 89

Housing Department Legal Notices to Clients

e General 88

re)

e Notice Delivery Methods

e In Person p

e Toany Adult in the Home p

e Affixed to the Home when No One is Home pp. 88

e U.S. Mail p

e Legal Servicing Form p

e Dealing with those who Avoid Notification 89

OBLIGATIONS and RESPONSIBILITIES p. 90- 92

Of Management

e Rentals p. 90

e@ Homeownership - Mutual Help p. 91-92

e General — All Programs p. 92

PARKING Restrictions p. 93 - 94

e Heed Signs p. 93

e@ Where to Park p. 93

e Where NOT to Park p. 93

e Number of Vehicles p. 93

e Visitor Parking p. 93-94

e Large Trucks p. 94

e Weight Limits p. 94

PERSONAL BELONGINGS p. 95 - 96

e Client Responsibilities p. 95

@ ousing Department Responsibilities p. 95

e Client Notification

e Removal of Personal Belongings

e Financial Liability p. 95

e Exception - Death of Client p. 96

PEST CONTROL p. 97

e Rentals

e Homeownership - Mutual Help Units

e Additional Information

viii.

Occupancy Policy

06/01/01

SECTION 30 PETS, Livestock and Animal Control p. 98 - 100

e General p. 98

e Pets p. 98

e Number of Pets p. 98

e Sanitary Issues p. 98

e Proper Care p. 98

e Dog Houses p. 98

e Pet Weight Restrictions p. 98

e Vicious Animals p. 98-99

e Liability p. 99

e Livestock p. 99

e Animal Control p. 100

@ Kennels p. 100

SECTION 31 PROGRAM VIOLATIONS p. 101 - 103

e General p. 101

e@ Common Program Violations p. 101-102

e@ Common Criminal Violations p. 102

e Housing Department Actions Following

a Violation p. 102

e All Violations p. 102

e Criminal Violations p. 103

e Consequences of Failing to Correct p. 103

a Violation

SECTION 32 RENT and HOMEBUYER PAYMENTS p. 104 - 107

e General p. 104

e Payments p. 104

e Payment Due Date p. 104

e Payment Method p. 104

e NSF Checks p.104

e Housing Department Actions Following

Late Payments p. 105

e 10" of the Month p. 105

e 15" of the Month p. 105

e 20" of the Month p. 106

e End of the Month p. 106

e Payroll Deduction Exception p. 107

e Late Fees p. 107

SECTION 33

RE-DETERMINATION OF

RENT and HOMEBUYER PAYMENTS

SECTION 34

General

Annual Re-Certifications

e Annual Re-Certifications

e Housing Department Notification

e Consequences of Not Complying with

Annual Re-Certification

e Results

e Additional Information

Anterim Re-Certifications

e When Interim Re-Certifications Occur. -

Changes to Household Income

Changes to Household Composition

When to Report

How to Report

Housing Department Verifications

e Clients Failure to Reports Changes

Decreases in Rent / Homebuyer Payments

e Effective Date of Decreases

e Examples

e Cut Off Date For Reporting Changes

e Examples

Increases in Rent / Homebuyer Payments

e Effective Date of Increase

e Examples

e Client Delays in Reporting Increases

Adjustments Due to Errors

e Housing Department Errors

e Client Errors

e Client Repayment — Small Sums

e Client Repayment — Large Sums

Documenting the Results of Re-Certification

Additional Information

Occupancy Policy

06/01/01

p. 108 - 116

Impact on MARKET BASED RENTAL Program

RELOCATION ASSISTANCE

Due to Emergency Situations

General

Emergency Defined

First Priority - Shelter

Hotel Accommodations

e Pest Control

e Fire

e Natural Disaster

e Loss of Essential Services

DUVUUVUVDOUDUVDDODDOUVODOUVDODUDODUUUoUD Fb UF

. 108

. 109

. 110

110

. 110

. 111

- 111-112

112

- 112

. 112

. 112-113

. 113-114

. 113

. 113-114

. 114

114

115

. 115

. 115-116

. 116

p. 116

p. 117 - 120

DPDVBUDDDD

117

. 117-118

. 118

. 118-119

SECTION 34 (Continued)

Hotel of Choice

e Clients

e Payment for Hotel Accommodations

When Other Housing Becomes Available

Clients Right to Refuse

SECTION 35 RELOCATION ASSISTANCE

Due to Renovations

General

Notification

Actual Move

Payment for the Move

Option to Return

SECTION 36 SECURITY DEPOSIT / DOWN PAYMENT

Rentals

Applicability

Amount

Client Use of Security Deposit Funds

Non-Interest Bearing Account

Use During Transfers

Return of the Security Deposit

Close Out Settlement

omeownership - Mutual Help

Amount

Effective Date

When Due

Client Use of the Down Payment

Where Deposited

Return of the Down Payment

Accountability

Use by Housing After Conveyance

reeeeeee

SECTION 37 SHEDS

General

Support Pad

Size

Prohibited Building Materials

Paint / Stain

Numbers

Costs

Shed Maintenance

Disposition at Time of Move-Out

Compensation after Move-Out

xi.

Occupancy Policy

06/01/01

p. 119

119

p. 119-120

120

p. 121

p. 122 - 125

DUVDOUVDOVD VDUOVVODVD

. 122

. 123

123

124

. 124

124

. 124

. 124-125

. 125

p. 126 - 127

TTGTBTBTDVO UTD

. 126

. 127

SECTION 38

SECTION 39

SECTION 40

SECTION 41

SECTION 42

SIGNS

SMOKE DETECTORS

SUB-LETTING

e Rentals

e Homeownership — Mutual Help

STRUCTURAL CHANGES / MODIFICATIONS

e Air Conditioners - All Programs

Window Mounted Models

Central Air Models

e Rentals

Exceptions — Handicap Ramps

e Homeownership — Mutual Help

General

Acceptable Modifications

Client Request Procedures

Housing Department Maintenance

Division Review

Housing Committee Review

Use of Licensed Contractors

Housing Department Liability

Funding for Structural Changes /

Modifications

Compensation after Termination of

the MHOA and Move-Out

SUCCESSION

Upon Separation, Divorce, Death, Mental

Incapacity

e General

e Rentals

Separation / Divorce / Death

Involving TWO Enrolled Tribal Members

e Review of Need

e Re-determining Bedroom Size for Family

e Custody Issue

Separation / Divorce / Death

Involving ONE Enrolled Tribal Member

And ONE Non-Tribal Individual

General

Enrolled Member

Non-Tribal Individuals

Rights of Non-Tribal Individuals for

Continued Occupancy

e Re-determining Bedroom Size for Family

e Custody Issue

e Waivers

xii.

Occupancy Policy

06/01/01

p. 128.

p. 129.

p. 130.

p. 131. - 135.

p. 131

. 132

- 133

. 133

. 134

134

. 135

o DOD DVDOUDTST DST DBD TD

135

p. 136. - 144,

p. 136

p. 137

p. 137-138

Occupancy Policy

06/01/01

SECTION 42 (Continued)

e Homeownership — Mutual Help p. 139

e General

e Changing the Named Successor p. 139

e Succession by the Person Designated

by the Client p. 140

Successors who are Minors p. 140

Impact on Amortization Schedule p. 141

Successor is NOT Eligible p. 141

e Successor Buyout

e Successor Declines Buyout p. 142

e Drawing from the Waiting List

e NO Successor Named p. 142-143

e Appointing a NEW Successor

e Drawing from the Waiting List

e Impact on Successors when the MHOA has ___p. 143

been Terminated

@ Impact of Divorce / Separation on MHOA p. 143-144

SECTION 43 TEMPORARY ABSENCES p. 145 - 146

e General p. 145

e Short Periods of Absence p. 145

e Designate a Responsible Adult

e Board Up the Unit

e Client Request Procedures p. 146

e Absences Beyond 90 Days p. 146

SECTION 44 TERMINATION p. 147 - 155

Of Rental Lease Agreement / MHOA

e Client Initiated Termination Procedures p. 147

e Time Lines

e Notification

e Pre-Move-Out Inspection p. 148

e Vacating WITHOUT Proper Notice

e Housing Department Initiated

Termination Procedures p.148

e General

e Notification p. 148-149

e Timing p. 149

e Criteria for Termination p. 150-152

e Program / Criminal Violations p. 152

e Referral for Criminal Prosecution p. 152

e Abandonment p. 152

e Disposition of Homebuyer Account p. 152

e Pro-rating Monthly Payments p. 153

® Evictions p. 154

e g Depar it Staff Actions]

e Housing Atiomey: Actions

e Payment of Legal Fees

e Failure to Vacate Following Court Order p. 155

xiii.

SECTION 45 TRANSFERS

e Rentals

Types of Transfers Allows

e Client Requested Transfers

e One-For-One Swaps

e Mandatory Transfers

Transfer Request Form

Information

@ Homeownership — Mutual Help

SECTION 46 T.V. RECEPTION OPTIONS

e Direct T.V. Dish

® Satellite Dish

e T.V. Antennas

SECTION 47 UPKEEP Of Dwelling Unit Property / Grounds

@ Landscaping

Watering

Outside Storage

Sheds

Vegetable Gardens

Parking Area Upkeep

Yard Upkeep

@ Snow Removal

SECTION 48 USE OF THE HOME

e All Programs

@ Homeownership — Mutual Help

SECTION 49 UTILITIES / SERVICES

e General

Proper Use of Facilities

e Tampering with Utility Meters

e Use Equipment / Services as Intended

e What not to put in the Sewage System

e Reporting Problems

Requesting Utilities / Services

Weekly (Curb Side) Garbage Pick-Up

Spring / Fall Clean Up Campaign

L.P. Gas (for Heating / Cooking)

e Tanks Provided by Housing

e Selecting Service Provider

e Maintaining Adequate Heat

e Monitoring and Paying for L.P. Gas

Services NOT Provided by Housing

Payment for Services NOT Provided by

Housing

xiv.

Occupancy Policy

06/01/01

p. 156

p. 157 - 159

p. 157

p. 158

p. 159

p. 160 - 164

. 160

. 161

. 161-162

162

. 162-163

. 163-164

p. 165

p. 166 - 172

p. 166

. 166-167

. 167

168

SDUDDD

p. 168-170

p. 170

Occupancy Policy

06/01/01

SECTION 49 (Continued)

@ Utilities / Services for Low-Income Rentals

(Single Family) p. 170

e Provided

e NOT Provided

e Utilities / Services for Low-income

Tax Credit Rentals (Single Family) p. 171

e Provided

e NOT Provided

@ Utilities / Services for Low-Income Rentals

(Elderly and Apartments) p. 171

e Provided

e NOT Provided

e Utilities / Services for Market Based Rentals

and Homeownership (Mutual Help) p. 172

e Provided

e@ NOT Provided

SECTION 50 VACATING UNITS p. 173 - 175

e General p. 173

@ Sequence of Events p. 173

e Notification p. 173

e Pre-Move-Out Inspection p. 173

e Move-Out Inspection p. 173

e Billing for Repairs After Move-Out. P. 174

e Client Due Refund p. 174

e Client OWES Housing Money p. 174-175

e Close Out Settlement Statement p. 178

e Determining Charges for Repairs / Damages _ p. 175

e Other Potential Applicable Charges p. 175

e Additional Information p. 175

SECTION 51 VEHICLES p. 176 - 177

@ Valid License Plate / Registration p. 176

e Inoperable Vehicles p. 176

e Repairing / Overhauling of Vehicles p. 176

e@ Parking p. 177

@ Speed Limit p. 177

@ Off-Road Vehicles p. 177

@ Recreational Vehicles p. 177

e Additional lnformation p. 177

SECTION 52

SECTION 53

APPENDIX

XV.

VISITOR ACCOMMODATIONS

General

Visit

Fourteen-Day Rule

Thirty-Day Rule

Housing Department Review of Request

impact on Lease

Additional Information

WORK ORDERS

TRIBAL LEGISLATURE MOTION / RESOLUTION

RULES

Sample

General

Work Order System

Rentals (Client Requested WO)

e Obtaining a Work Order

e What's Needed

e Consent to Enter

Occupancy Policy

06/01/01

p. 178. - 179.

178

. 178-179

179

TTBDVOG OTT

p. 180. - 183.

p. 180

p.180-181

Housing Department Handling of Work Orders p. 182

e Assigning Work Order Numbers

e Approving Work Orders

e Prioritizing Work Orders

e Client Involvement

e Completed Work Orders

Billing

Homeownership — Mutual Help

OF OCCUPANCY

p. 182

p.182-183

p. 183

Letter - RECEIPT FOR THE RULES OF OCCUPANCY

Letter - NOTIFICATION OF SCHEDULED INSPECTION

Form - NOTIFICATION OF EMERGENCY ENTRY

Form - PERMISSION TO ENTER

Letter - NOTIFICATION OF REVIEW - HOME BASED

BUSINESS REQUEST

Letter - NOTIFICATION OF CHANGE TO THE LEASE

AGREEMENT

Form - MUTUAL HELP ANNUAL STATEMENT

Letter - NOTIFICATION OF PENDING CONVEYANCE

Xvi.

APPENDIX

Occupancy Policy

06/01/01

Sample Letter - REPORT OF DAMAGES

HUD ONAP NAHASDA Guidance Bulletin 99 - 02

Sample Form - FENCE AGREEMENT

FENCE SPECIFICATIONS

GRIEVANCE / COMPLAINT

Sample Form

Sample Form - ILLEGAL BOARDERS INQUIRY

Sample Form - HOUSEHOLD COMPOSITION

Sample Form - HOUSEHOLD INCOME

Sample Form - STATE OF WISCONSIN -

CRIMINAL HISTORY RECORD REQUEST

Sample Forms - HOUSING DEPARTMENT - AUTHORIZATION

FOR THE RELEASE OF INFORMATION

Sample Forms - HUD - AUTHORIZATION FOR THE RELEASE

OF INFORMATION / PRIVACY ACT NOTICE

Sample Letter - HOUSING DEPARTMENT DIRECTOR

RESPONSE TO: REQUEST TO ADD

INDIVIDUAL TO HOUSEHOLD COMPOSITION

Sampie Form - INSPECTION REPORT

Sample Letter - TENANTS RIGHTS DURING INSPECTIONS

Sample Lease - LOW-INCOME

Sample Lease - TAX CREDIT

Sample Lease - MARKET BASED

Sample Lease - MHOA (Pre - NAHASDA)

Sample Lease - MHOA (Post - NAHASDA)

Sample Form - PAY BACK AGREEMENT

Sampie Form - CLIENT NOTICE WORKSHEET

xvii.

Sampie Form - LEGAL SERVICING

APPENDIX

Sample

Sampie

Sample

Sampie

Sample

Form

Letter

Form

Letter

Form

Occupancy Policy

06/01/01

CLIENT CONTACT RECORD

PROPERTY CLAIM WAIVER

REMOVAL OF PERSONAL BELONGINGS

ROACH SPRAYING TREATMENT NOTICE

NOTIFICATION OF LEASE VIOLATION

DELIQUENCY NOTICE

FINAL NOTICE

LEGAL ACTION PENDING NOTICE

TERMINATION OF LEASE AGREEMENT NOTICE

ANNUAL RE-CERTIFICATION NOTICE

MONTHLY PAYMENT CALCULATION

WORKSHEET

INTERIM ADJUSTMENT

WAGE ASSIGNMENT

CLOSE OUT SETTLEMENT STATEMENT

DECK SPECIFICATIONS

Sample

Sampie

Sample

Sampie

Sample

Letter

NOTICE TO VACATE

DECLINATION DECLARATION STATEMENT

REQUEST FOR TEMPORARY ABSENCE

INTENT TO VACATE

TERMINATION OF LEASE NOTICE

UNIT TRANSFER REQUEST

DIRECT T.V. SATELLITE DISH INSTALLATION

XViii.

SATELLITE DISH INSTALLATION

T.V. ANTENNA INSTALLATION

Policy

06/01/01

APPENDIX 57 Sample Letter - NOTIFICATION OF NEED FOR YARD UPKEEP

APPENDIX 58 Sample Letter - VISITOR ACCOMMODATIONS REQUEST

APPENDIX 59 Sampie Form - WORK ORDER

CHANGE REGISTER

xix.

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.