NEZ PERCE TRIBAL HOUSING AUTHORITY (2021)

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NEZ PERCE TRIBAL HOUSING AUTHORITY

ADMISSION AND OCCUPANCY POLICY

Section 1: INTRODUCTION .................................................................................................................. - 2 Section 2: COVENANTS ........................................................................................................................ - 2 Section 3: SMOKE-FREE HOUSING ........................................................................................- 6 Section 4: APPLICATION ...................................................................................................................... - 6 Section 5: APPLICANT FILES .............................................................................................................. - 8 Section 6: ELIGIBILITY .......................................................................................................................... - 9 Section 7: BASIS FOR INELIGIBILITY ............................................................................................. - 11 Section 8: VERIFICATION ................................................................................................................... - 13 Section 9: WAITING LISTS ORGANIZATION ................................................................................. - 14 Section 10: SELECTION ...................................................................................................................... - 15 Section 12: RECERTIFICATION PROCESS .................................................................................... - 19 Section 13: INCOME ............................................................................................................................. - 21 Section 14: SECURITY, DAMAGE AND CLEANING DEPOSIT .................................................. - 21 Section 15: CLIENT ACTION PLAN & HOMEOWNERSHIP HOUSING COUNSELING ......... - 22 Section 16: INSPECTION .................................................................................................................... - 22 Section 17: UTILITIES .......................................................................................................................... - 24 Section 18: MOVE-IN PROCESS ....................................................................................................... - 24 Section 19: MOVE-OUT PROCESS................................................................................................... - 24 Section 20: OCCUPANCY ................................................................................................................... - 25 Section 21: MAINTENANCE AND REPAIR ..................................................................................... - 27 Section 22: HOUSKEEPING STANDARDS ..................................................................................... - 28 Section 23: ALTERATIONS AND IMPROVEMENTS ..................................................................... - 30 Section 24: ASSIGNMENT AND SUBLETTING .............................................................................. - 30 Section 25: TRANSFERS .................................................................................................................... - 30 Section 26: NPTHA POLICIES ........................................................................................................... - 30 Section 27: RISK OF LOSS/INSURANCE ........................................................................................ - 30 Section 28: FIRE .................................................................................................................................... - 31 Section 29: PERSONAL PROPERTY................................................................................................ - 31 Section 30: ABANDONMENT OF PERSONAL PROPERTY ........................................................ - 31 Section 31: ABANDONMENT ............................................................................................................. - 31 Section 32: SUCCESSION .................................................................................................................. - 31 Section 33: TERMINATION ................................................................................................................. - 32 Section 34: NOTICES ........................................................................................................................... - 34 Section 35: WAIVERS .......................................................................................................................... - 34 Section 36: MODIFICATION................................................................................................................ - 35 Section 37: NUMBER AND GENDER ............................................................................................... - 35 -

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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Section 1: INTRODUCTION

Summary: These policies describe the Nez Perce Tribal Housing Authority’s (NPTHA)

requirements for admissions and occupancy for the NPTHA housing programs (lowrent, Starter Home, etc). The sections contained in this policy describe the process to

be used for NPTHA programs, unless otherwise specifically stated in that specific

program policy. Preference will be given to all Nez Perce families who are enrolled

members of the Nez Perce Tribe.

Purpose of Policies: Policies have been prepared to provide direction to staff for

admission of families in the programs and for administration of the requirements

governing their occupancy. Staff will conduct a reasonable and broad based effort to

solicit and accept applications from all interested Nez Perce families first. After

determining eligibility, waiting lists of potential program applicants will be maintained

according to the time and date of application and other pertinent factors as outlined in

these policies. These waiting lists will be used by staff in selecting tenants.

Applicability of Policies: All participants are subject to the policies of the NPTHA as they

now exist or as they may hereafter be revised OR ADDED by the NPTHA. The NPTHA

Housing Counseling Policy, the NPTHA Collection & Eviction Policy, the NPTHA

Grievance Policy, the NPTHA Non-Low Income Assistance Policy, the NPTHA Home

Business Use Policy, and the NPTHA Maintenance Policy are by this reference made

apart hereof.

All NPTHA HUD low-rent programs are subject to this policy. The LIHTC

program, the Starter Home Program, and other NPTHA programs are subject

to the standards contained in this policy unless specifically stated in the

applicable program lease/use and occupancy agreement, regulations, or

policy. The Board of Commissioners and staff will comply with all applicable

laws and regulations of the Department of Housing and Urban Development

(HUD), particularly CFR 1000. Additionally, commissioners and staff must be

in compliance with the Nez Perce Tribal Codes and Ordinances, applicable

state and federal laws and regulations, and NPTHA policies. Failure for staff

to be in compliance will be addressed through disciplinary action that could

result in termination of employment or removal from the Board.

Codes: Occupants are required to adhere to the Nez Perce Tribal Code and other

applicable laws with regard to their personal conduct when it impacts their housing

obligations and the rights of others. Participants in this program agree to adhere to the

following covenants as long as they reside on the premises as a renter.

Section 2: COVENANTS

Homesite Requirements & Maintenance

The Resident is responsible for maintaining a yard.

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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Each Resident will be responsible to maintain, keep clean and in good repair

the exterior of their home, as well as all appurtenant resident structures such

as decks, steps, carports, storage buildings, and fences at all times.

Driveways, streets, and Resident’s homesite, including porches and decks,

are to be kept clean, free from trash and litter at all times. Garbage cans,

gardening tools, equipment, bicycles and other personal belongings must be

stored in the Resident’s carport, garage, or storage shed.

Furniture left outside a home shall be limited to outdoor or patio furniture. No

household appliance or upholstered furniture can be placed outside of the

home. Storage of any type beneath the home, including any material of an

illegal or explosive nature, is prohibited.

Dead animals and/or dead animal parts are not to be stored outside the

premises.

Any unallowable items left out may be removed by NPTHA at the resident’s

expense after complying with any notice requirements.

Residents & Guests

Residents shall respect the peaceful enjoyment of the community and see

that their guest does the same. It is the responsibility of the Resident to keep

their children under control. Neither Resident, their children, guests nor any

other person staying with nor visiting the Resident shall cause unreasonably

loud or disturbing noises between the hours of 10 p.m. to 8 a.m.

Residents are responsible for the action of occupants of their home, as well

as guests, licensees and invitees.

Residents and other persons, who are on the premises with their consent,

shall conduct themselves in a manner which will not disturb his neighbors’

peaceful enjoyment of their accommodations but will be conducive to

maintaining the neighborhood in a decent, safe and sanitary condition.

Excessive alcohol abuse, partying, fighting, quarreling and any other actions

or activities that interfere with or disturb the health, safety, or right to peaceful

enjoyment of their premises by other residents are prohibited.

Home Occupations are permitted, provided they are consistent with the

NPTHA Home Business Policy.

Residents and guests shall refrain from destroying, defacing, damaging, or

removing any part of the home or grounds.

Parking Vehicles

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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No vehicle or equipment over 10,000 pounds gross vehicle weight is

allowed to be parked on the street other than for service to the Resident.

Inoperable vehicles or vehicle parts may not be stored in the driveway,

homesite, or anywhere in the subdivision. Inoperable vehicles will be

impounded or towed after 30 days of written notice. The expense of such

removal shall be assessed against the Resident.

Vehicles may not be parked on the street or parked in such a way as to

extend into the street. Resident parking is restricted to the Resident’s

driveway, carport, or garage. Vehicles may not be parked in yards.

Guests may park their vehicles in a Resident’s driveway, carport, or

garage or other designated parking areas when visiting a Resident but

must ensure that they are parked in a location so as not to block any

neighbor’s access, or restrict traffic flow within the subdivision.

Three wheelers, all terrain vehicles, dirt bikes or the like are not allowed to

operate off-road in the subdivisions.

Residents and owners shall keep no vicious animals, more specifically but

not limited to Rottweiler, Pit bulls, and Doberman Pinschers or any mixed

breeds thereof. All pets shall be confined to the yard and not interfere with

neighbors’ peaceful enjoyment.

Residents shall not keep farm animals, including horses, on the property.

NPTHA Policies and Tribal Ordinances shall apply as they now exist or

hereafter are amended.

Residents shall keep no domestic animals on or about the leased

premises without the prior, express and written consent of NPTHA and

evidence of registration with the Nez Perce Tribe. There shall be a nonrefundable pet deposit due to the NPTHA.

Pets

Landscaping

The Resident is responsible for keeping all landscaping mowed, trimmed,

watered and well maintained within their Homesite. Landscaping that is

not properly maintained and has reached 12 inches is a fire hazard and a

violation of this policy. The NPTHA or the Tribe reserves the right to

perform whatever landscape maintenance may be required and charge

the Resident per established policy.

Each Resident shall install a sufficient amount of landscaping to prevent

erosion and run off onto neighboring homesites, as well as to provide a

pleasant environment.

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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The installation of fencing is subject to approval by the NPTHA and only

applicable to homeownership programs. A request with sufficient

information must be made to the NPTHA before a decision can be made

by the NPTHA. Fencing is not permitted between the street and the front

of the home if it blocks visibility for auto traffic. All homes will be fenced in

a similar design upon NPTHA approval.

Barbed wire, electrical fencing or any type that could be hazardous is

prohibited.

Utilities

Payment for electrical, telephone, cable TV, natural gas, propane and

kerosene is the responsibility of each Resident.

Garbage, water and sewer will be paid by the Resident including any

deposits.

Each Resident is required to provide their own garbage cans if the service

provider does not. These cans are to be in a form acceptable to the local

trash collection agency. If the Resident fails to remove trash on a regular

basis, arrangements will be made to have the trash picked up at the

Resident’s expense.

Each RESIDENT shall be responsible for ensuring that there be no

obstructions to access to any utility connections such as electric or water

meter, water shut off valve, sewer clean-out, electrical/telephone/cable TV

pedestal which may be located on their homesite.

Preserve Land Corners

The NPTHA has expended funds to place pins marking the corners of the lots. Land

corners are to be preserved and maintained by the resident. Disturbance of land

corners is subject to prosecution and penalties.

Unlawful Conduct

The resident is prohibited from using, allowing, or cause to be used any

part of said rented or leased premises for any unlawful conduct or

purposes. Any unlawful conduct is prohibited and may result in eviction

and termination of the Use & Occupancy Agreement or assignment.

Nez Perce Tribal Law Enforcement is responsible for receiving and

investigating any suspicious or illegal acts. Residents are requested to

notify the local law enforcement agency for investigation and prosecution.

The Nez Perce Tribal Code shall have exclusive jurisdiction over any

dispute that arises.

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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Amendment of Rules

NPTHA reserves the right to make reasonable modifications to these RULES if needed

for health or safety purposes or necessitated by a change in Tribal Code or Federal law.

Residents will be given at least 30 days notice of any such modification.

Section 3: SMOKE-FREE HOUSING

The smoke-free housing policy is intended to benefit the NPTHA and all of its housing residents,

visitors, and staff by mitigating (1) the irritation and known adverse health effects of secondhand

smoke; (2) the increased maintenance, cleaning, and redecorating costs from smoking, (3) the

increased risk of fire from smoking; and (4) the higher costs of fire insurance.

A. All NPTHA homes and buildings shall be smoke-free. Tenants, household members, staff

and any visitors shall refrain from smoking (including e-cigarettes and other electronic

smoking devices) in any residential unit or common areas shared with other tenants,

staff or visitors.

Section 4: APPLICATION

All enrolled members of the Nez Perce Tribe are encouraged to submit applications as soon as

possible because of the extensive requirements for qualifying. They also must be informed that if

they need assistance in completing the application, staff are available to assist them. Federal law

prohibits discrimination based on race, color, creed, religion, national origin, sex, age or handicap,

although preference for selection may be limited to applicants who are enrolled members of the

Nez Perce Tribe in accordance with the provisions of NAHASDA, Title II, Section 201 (b) 4.

A. Application Forms: There are specific forms that must be used to complete an application

depending on the type of assistance requested for which one is submitting an application.

These forms may be supplemented with additional forms as deemed necessary by the

Executive Director for clarification purposes. The minimum application forms generally

required by the NPTHA include, but are not limited to the following:

NPTHA Housing Assistance Application

Homebuyer Counseling Agreement

Applicable Verifications

Applicable Consents to Release Information

Additional forms for homeownership may include:

Intent to Apply or the Uniform Residential Loan Application (URLA) or

program specific basic application

Consent for Credit Report

Goal Statement

Budget Worksheets

Client Action Plan

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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The application form will be designed by staff to gather enough information to allow a full

assessment of the family’s background to determine and verify eligibility, consistent with

any applicable federal and NPTHA requirements and the requirements of any other funding

entity that are applicable at the time of admission.

B. Application Process: Families must submit a full and complete application, including

authorization and agreement to participate in Housing Counseling, education classes and

sessions, before they can be determined eligible or placed on a waiting list.

In order to be considered for occupancy in any housing program offered

by the NPTHA, a written (legible) application must be completed in

consultation with a NPTHA staff member.

All applications processed by NPTHA staff are entered in the application

log book.

The staff member accepting an application must note the date when the

application was received.

All information provided in the application must be verified and

documented before an application is considered complete. In the event

there are concerns regarding the information obtained, the Housing

Manager will report the concerns to the Executive Director. The

Executive Director will request information for review to make a decision

or to refer the issue to the Board of Commissioners for Board action.

After reviewing the application data, the Housing Counselor will submit

the file with a written recommendation for action to the Housing Manager

who will review the file and document in the file the concurrence or

nonconcurrence with the action to be taken. If there is no agreement

regarding the action to be taken, the information will be forwarded to the

Executive Director for review and action. All recommendations and

actions are to be in the form of written documentation.

Once the application is complete and initial eligibility has been

determined, the applicant data will be entered into the appropriate

Waiting List database.

In the event of a rejection, the staff will notify the applicant in writing of

the basis of the determination and the right to appeal the decision in

accordance with the Grievance Policy.

In the event of acceptance, the Housing Counselor will prepare a letter

notifying the applicant of the resultant placement on the Waiting List.

The Waiting Lists will be updated to the greatest extent feasible on a

biweekly basis; however, a minimum of a monthly update is required.

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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The Housing Counselor will provide the Waiting Lists on a monthly basis

to the Executive Director for inclusion in the report to the Board at the

next regularly scheduled meeting.

10.

Waiting Lists (indicating applicants’ last four digits of their social security

number, bedroom size, lot preference and points) are to be posted for

public view in the NPTHA office.

C. Charges: There is no application fee for NPTHA program assistance, although the

applicant will be responsible for other fees assessed by lenders in the event the Participant

successfully exercises their option to purchase. Also, the applicant is not responsible for

the cost of the initial credit report obtained by the NPTHA for the purposes of qualifying for

the Program.

D. Communications: All communications with the applicant must adhere to the following

requirements:

All official notices must be in writing and signed by a Housing Counselor

with a copy to the Executive Director.

All significant verbal communications are to be documented in the

applicant file, indicating date, time, content, and disposition.

All written communications or major inquiries from an applicant are to

receive a written response within 5 working days from the date of

receipt.

All phone calls are to be returned within a maximum of two working

days.

All appointments are to be confirmed in writing when possible.

All phone reminders of appointments are to be documented in the

applicant file, indicating date, time, content and disposition.

Section 5: APPLICANT FILES

Filing Requirement: All applications are filed as Active, pending or Inactive.

Active File: When an applicant is placed on the Waiting List, the application and all the

supporting documentation is maintained in the Active File. All applicant files are

organized alphabetically and will require to be updated annually. A written request to

update the application on an annual basis will be issued.

Pending File: When an application that is under review for eligibility, is waiting for

verification of information or has been determined as incomplete, the application will be

placed in the Pending File. A written notification will be sent to the applicant requesting

the necessary information be provided within two weeks. If the requested information is

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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not received by the timeframe allowed, the application will be placed in the Inactive File.

Necessary information received after the deadline will result in a new application date

based on the date the requested information was received.

Inactive File: Applicants who are determined to be ineligible for whatever reason are

placed in the Inactive File, organized alphabetically by fiscal year.

File Retention: All Inactive Files are retained for a minimum of 3 years. All active files

are retained for five years after move-out or in accordance with HUD Handbook 4350.3

Rev. 1, whichever is less.

Inactive File Placement: Waiting List applicants will be placed on the inactive waiting

list when treated as follows:

1. Fails to update application within specified time period.

2. Updated application no longer qualifies for program.

3. Mail sent to applicant address is returned as undeliverable.

Confidentiality: Information contained in NPTHA files is confidential. Only those with a

need to know have the right to review the contents of client files. Staff is prohibited from

discussing the contents of a client’s file with anyone other than NPTHA staff. NPTEC

and other Tribal officials must have a court order to access applicant or occupant

information unless the applicant or occupant has signed a consent to release the

information to the requesting party.

Section 6: ELIGIBILITY

The general procedures for determining eligibility are located in HUD Handbook 4350.3, more

specifically in Chapter 3, Eligibility for Assistance and Occupancy, and are hereby incorporated by

reference. The following eligibility requirements are in addition to and supersede the general

requirements of HUD Handbook 4350 rev. 1:

A. Homeownership Programs: Only those who are eligible under the laws and customs of the

Nez Perce Tribe to lease tribally owned land for residential purposes or who otherwise obtain

the specific approval of the Nez Perce Tribal Executive Committee shall be eligible. NonIndian and non-member spouses may join in the application process and have their income

and credit considered; however, if the Nez Perce Tribal member dies, relinquishes Nez Perce

membership, or becomes divorced from the non-Indian or the non-member, the non-Indian or

non-member spouse can not be the beneficiary or remain in possession of the rental unit; nor

may the parties or the Courts allow the non-Indian or non-member spouse to remain in

possession of the rental unit in the event of divorce.

B. Senior Citizen Apartments are restricted to elder occupants 55 years of age and older.

Tenants must be able to live independently with minimal assistance and have the ability to

comply with all provisions of the lease agreement. No children are allowed to occupy senior

citizen apartments. Applicants under the age of 55 years with long term physical

impairments are eligible for the senior apartments.

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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C. “FAMILY” means two or more persons related by blood, marriage, or adoption, or who have

evidenced a stable family relationship by living regularly together in the same dwelling unit for

at least two years or a single adult enrolled member of the Nez Perce Tribe.

D. Nez Perce Tribal Law Enforcement Officers (NPTLE): Occupancy of a NPTLE Officer’s

family may be considered when the presence of the Officer improves the safety of the

neighborhood.

1. The officer must be employed on active duty with the NPTLE.

E. Principle Residence the applicant must use the home as their principle residence.

F. Income: The applicant family must have sufficient income to meet and maintain the minimum

payment and be within the income limits established and approved by HUD or applicable

program income requirements. Anticipated annual family income will be determined by staff

on the basis of verification of income at the time of initial application, and again for admission

unless otherwise stated in the program policy or regulations.

G. Ability to Enter Into Agreement: For a family to be eligible for admission, they must be at

least 18 years of age and have the legal capacity to enter into a Use & Occupancy

Agreement and be willing and able to meet all obligations of the Use & Occupancy

Agreement. The applicant family must be willing to commit the time required to comply with

all of the counseling requirements.

Admission of Single Persons in the Process of Securing Legal Custody: An applicant in the

process of securing legal custody through other means than adoption must provide

evidence that success of obtaining legal custody is likely. This determination of reasonable

likelihood of success will be made at the time an offer of a unit is to be made to an

individual. If at that time it is determined that there is not a likelihood of success, then that

individual nonetheless shall be allowed to retain his place on the waiting list, with any

preference for which he remains eligible and with his original date and time of application

until custody is secured. At that time the individual will be offered an appropriate unit in

accordance with his position on the waiting list.

Use & Maintenance History: All applicants must have a satisfactory use and maintenance

history. Use and maintenance history will be documented by Landlord references from the

previous 5 years.

If negative reference on the use/maintenance history is obtained, staff will notify the

applicant in writing of the negative items found. The applicant will be afforded an

opportunity to respond in writing within 5 working days of the postmarked date of the

notice regarding any negative information derived from any source. The response

will be taken into consideration in determining the applicant’s eligibility.

If an applicant does not have a previous landlord, other references may be

considered to demonstrate responsible characteristics such as good credit history on

two current accounts that show regular monthly payments for at least one year. For

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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unusual circumstances, the NPTHA may consider positive references from agencies

providing supervised contracts for applicants in transition from negative life style.

Habits & Practices: An applicant must be of good character, possess habits and practices

that promote safe, clean and healthy homes, property, and communities. This also applies

to applicant’s household members as they appear on the application or as they are

requested to be added to the occupancy agreement. Habits & practices will be

documented by police/court records check.

Social Security Numbers: families must disclose and verify social security numbers for all

family members over the age of six.

Privacy Act Statement: Participants must sign the Privacy Act Statement initially and each

year thereafter, unless otherwise required by the program policy or regulations.

Eligibility for admission or continued occupancy will be denied for failure to comply with the

Privacy Act requirement.

M. Previous Assistance from Other Housing Authority: Participants in other housing authority

programs may apply for housing and be placed on the waiting list. Verification that the

applicant has terminated the other assisted unit agreement and terminated in good standing

must be obtained before the applicant will be allowed to participate in the Program.

Previously Assisted NPTHA Resident: No applicant or applicant’s household member who

has an outstanding debt to the NPTHA or whose participation was terminated by the NPTHA

will be eligible for assistance until the following conditions are satisfied:

a. Any outstanding debt from an applicant or an applicant’s household member must

be paid in full prior to consideration.

b. Comply with the Use & Maintenance History requirement listed above.

O. Verification Summary: See Section 8, Verification.

Section 7: BASIS FOR INELIGIBILITY

The reasons for a determination of ineligibility are based on NPTHA policies and other

applicable program regulations. Although an applicant may meet the basic criteria for eligibility,

any one of a number of reasons can form the basis of a determination of ineligibility. Families

who have applied for housing or who have applied to add an additional occupant, and who, for

any reason, have been determined to be ineligible will be notified by staff in writing, stating the

reasons for their ineligibility. The family would then be entitled to an informal hearing under the

provisions of the Grievance Policy. All information relative to the rejection of an applicant family

must be documented and placed in the applicant family’s file for future reference.

The following does not represent an exhaustive list of reasons an applicant may be denied

final selection as a tenant; however, it is illustrative of many common reasons for a

determination of ineligibility.

NPTHA records indicate that the applicant family has an outstanding debt.

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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Failing to repay previous debts owed to any housing authority or other HUD

program.

NPTHA Participants who were evicted for non-payment of any financial obligation

to NPTHA will be denied participation in NPTHA housing assistance programs until

all NPTHA debt has been retired and evidence of a good credit history is verifiable.

Conviction of fraud in connection with any HUD program, or failing to disclose

previously committed fraud in connection with any HUD program.

Registered sex offenders or persons with prior conviction of crime(s) of a sexual

nature are prohibited from Occupancy.

Non-cooperation. Refusing or failing to complete required forms or to supply

requested information.

Applicants who appear on HUD’s List of Suspensions, Debarments, and Limited

Denial of Participation.

The applicant family does not qualify as a family according to the applicable

program requirements.

The applicant family does not meet the income requirements or other program

specific requirements such as ability to achieve mortgage readiness for

homeownership.

10.

Lack of verifiable information.

11.

Applicant family has a record of destruction of property, acts which would imperil

the health, safety or peaceful occupancy of neighbors, and/or disregard for the

rights of others and the rules of occupancy.

12.

Applicant has a record of alcohol abuse which interferes with the health, safety or

right to peaceful enjoyment of the premises by other residents.

13.

The applicant family has a record of any illegal activity which would impair the

physical or social environment of the surrounding neighbors, including but not

limited to trafficking in drugs, use and/or possession of drugs, prostitution,

possession of explosives, illegal possession of firearms, crimes of violence against

persons or property.

14.

The applicant family has a history of unsanitary or poor housekeeping habits.

15.

The applicant family has provided false information on the application or other

application on file with NPTHA.

16.

The applicant family has a history of lease violations.

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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17.

NPTHA Participants who were evicted for violations due to acts which threatened

the health, safety and welfare or peaceful enjoyment of others will be denied

participation in NPTHA housing assistance programs for at least three (3) years

and references are positive.

The screening process for all applicants shall include a thorough criminal background

check.

Consideration of Derogatory Findings: One minor derogatory finding will not be used as a

basis for denial of eligibility or participation. However, a combination of derogatory findings

may be used as a basis for denial.

Section 8: VERIFICATION

Procedures for verification will be in accordance with the verification guidelines outlined in HUD

Handbook 4350.3 Rev. 1 as it now exists or is hereafter amended.

Verifiable Information: All information determining eligibility must be verifiable and in

accordance with HUD Handbook 4350.3, Rev. 1, as it now exists or is hereinafter

amended.

Verification of Enrollment: Documentation of Nez Perce or other Federally recognized

Tribal enrollment must be provided.

Verification Time Frame: Applicant information will be verified as soon as possible after

submission of an application. However, if there is a long waiting list, staff may do an

initial assessment of a family’s eligibility and suitability at the time of application and wait

to do a more complete evaluation until shortly before admission. By doing this, staff will

avoid the time and expense involved in evaluating applicants who may withdraw from

the waiting lists before their names can be reached. Verifications are only good for 90

120 days and must be recertified 30 days prior to occupancy.

Verification Data: Verification data are to be reviewed and evaluated as they are

received for completeness, adequacy, and conclusiveness. Where the information

received is not completely adequate in all respects, follow-ups or new efforts to obtain

such information are to be made and carried through to conclusion. The NPTHA has

the right to ask for any information from the applicant that the NPTHA deems necessary

to completing the process.

Verification Summary: As verification of all necessary items for each application are

completed, a summary of the verified information is to be prepared and filed in the

tenant’s folder. The summary is to cover at least the following determinations and the

basis for such determinations:

1. Family Status;

2. Nez Perce or other federally recognized tribal Enrollment;

3. Eligibility as a low-income family;

4. Eligibility of the family with respect to Section 6 of this policy;

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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5. Counseling requirements/Client Action Plan;

6. Rent Calculation;

7. Management or administrative fee, if applicable.

Section 9: WAITING LISTS ORGANIZATION

The NPTHA shall maintain waiting lists according to the criteria outlined in this section for each

type of housing assistance programs, as needed. Chapter 4 of the HUD Handbook 4350.3 Rev.

1 as it now exists or hereafter may exist will be utilized as a guide for waiting list management.

A. Preferences: It is the goal of the NPTHA to provide decent, safe and sanitary housing for

all enrolled members. In accordance with this goal, housing assistance opportunities will

be made available in accordance with NPTHA established preferences. The waiting lists

will be organized based on the established preferences.

1. Preferences are established to ensure that the benefits accrue to enrolled members

of the Nez Perce Tribe. Preference points are allocated and the following definitions

will apply:

a. ALL NEZ PERCE FAMILY means the head and co-head of household and

at least one child are enrolled members of the Nez Perce Tribe. Nez Perce

couples are also included in the definition of all Nez Perce family.

b. AN INDIAN FAMILY means at least one of the heads of household is an

enrolled member of a federally recognized tribe

c. Single enrolled Nez Perce members are considered a family; however, are

subject to the occupancy standards for bedroom size.

B. Priorities: The NPTHA reserves the right to establish priorities within program preferences.

C. Waiting List Organization: The NPTHA requires that Waiting Lists are established and

maintained for each type of housing assistance program. Preliminary selection of

applicants who meet all eligibility requirements will be based on preferences established by

the Board of Commissioners.

Placement on the Waiting List does not guarantee selection. It indicates that at the time

of verification and certification, the applicant is eligible for the program and is to be

considered for selection.

D. Maintaining Waiting Lists: The following information is required to properly maintain the

waiting list.

1. Minimum information:

a. Record number

b. Name and address

c. Preference points

d. Community preference

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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e. Family size

f. Income

g. Date of application

h. Tribal affiliation/non-Indian

i. Notification to update

j. Recertification of application (date)

2. The Waiting Lists will be updated to the greatest extent feasible on a biweekly basis;

however, a minimum of a monthly update is required.

3. Waiting List applicants must update their application on a yearly basis or they will

automatically be removed from the waiting list and placed in the inactive file.

Applicants on the waiting list will be notified in writing to the greatest extent feasible

one year after the date of the initial application to update their application within a

specified time period. Any efforts to notify the applicant must be noted on the

Waiting List by date.

4. Staff will reverify eligibility of the applicant based on any change of income and

ensure that the applicant meets all eligibility requirements for admission. Should an

applicant become ineligible based on a change in income, staff will notify the

applicant in writing that he no longer qualifies for admission into the program. In

addition to income changes, disqualification may also be caused by program and

policy changes.

5. Yearly updates by applicants will be noted on the Waiting List by date.

Reporting Requirements: A summary of the Waiting List using social security numbers for

confidentiality must be prepared and submitted to the Executive Director on a monthly basis.

Section 10: SELECTION

Selection will be made by staff from the top of the waiting lists of eligible applicants. Final

approval of selected applicants will be made by the Executive Director prior to execution of the

applicable lease or agreement. The rating of each applicant will be done at the time of application

and may be revised whenever family circumstances change. In selecting participants for the

program, staff can take into consideration the following factors:

A. Specific program requirements, preferences and priorities;

B. Income targeting;

C. Program set-asides;

D. Applicant screening criteria;

E. Occupancy requirements;

F. Residency preferences;

G. Previously assisted;

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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SELECTION CRITERIA SCORE SHEET

Rental Application

NAME:

Date of Application:

Local Area:

Family living on the NP reservation or within the 1855 NP

Treaty boundaries

5 pts

1. Head of Household (Select 1)

a. Enrolled Nez Perce

20 pts

b. Enrolled in Other Federally Recognized Tribe

6 pts

2. Spouse/Co-head (Select 1)

a. Enrolled Nez Perce

10 pts

b. Enrolled in Other Federally Recognized Tribe

5 pts

3. Child/children (Select 1)

a. Enrolled Nez Perce

12 pts

b. Enrolled in Other Federally Recognized Tribe

5 pts

4. Previously Assisted

Previously assisted w/in 7 years or own an assisted home

<10pts>

TOTAL FAMILY POINTS

TOTAL ANNUAL INCOME

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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SELECTION CRITERIA SCORE SHEET

SHP Application - HOMEOWNERSHIP

NAME:

Date of Application:

Local Area:

Family living on the NP reservation or within the 1855 NP

Treaty boundaries

5 pts

1. Head of Household (Select 1)

a. Enrolled Nez Perce

20 pts

b. Enrolled in Other Federally Recognized Tribe

6 pts

2. Spouse/Co-head (Select 1)

a. Enrolled Nez Perce

10 pts

b. Enrolled in Other Federally Recognized Tribe

5 pts

3. Child/children (Select 1)

a. Enrolled Nez Perce

12 pts

b. Enrolled in Other Federally Recognized Tribe

5 pts

4. Income Limits

a. Low Income Family

5 pts

TOTAL FAMILY POINTS

TOTAL ANNUAL INCOME

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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Section 11: PROGRAM RENT & OTHER PAYMENTS

This section describes the rental payments required and, if applicable, any additional required

payments. Procedures for calculating rental payments will be in accordance with the applicable

sections of HUD Handbook 4350.3 Rev. 1 Chapter 5 Determining Income and Calculating Rent as

it now exists or is hereafter amended with the following exceptions:

A. Rental calculations rates:

1. The rent calculation rate for low-income rental units will be calculated at 22% of the

monthly adjusted income.

2. The rent calculation rate for elders living in the senior citizen apartment buildings will be

calculated at 15% of monthly adjusted income.

3. The rent calculation rate during the rental phase of the Starter Home Program shall be

calculated at 23% of monthly adjusted income.

B. Additional deductions to income: The following income deductions are in addition to the

deductions provided in the HUD Handbook:

1. Increase the dependent annual deduction from $480 to $800 per dependent.

2. Allow an annual utility expense deduction for families subject to electricity, water, sewer

and garbage in the amount of $2,400.

C. Annual Ceiling Rents:

1. Ceiling rents will be calculated annually based on the comparison of the established

Fair Market Rents for each county on the Nez Perce Reservation.

2. Ceiling rents for low-income families is equal to 60% of the lowest Fair Market Rent.

3. Ceiling rents for Moderate-income families is equal to 70% of the lowest Fair Market

Rent.

4. Ceiling rents for above-moderate-income families is equal to 100% of the lowest Fair

Market Rent.

D. Minimum rents:

1. Tenants are responsible to maintain sufficient income to pay minimum monthly rents

according to the bedroom size of each unit. Sporadic and non-countable income will be

utilized to demonstrate ability to pay minimum rents, including but not limited to

donations from family, churches and other charitable organizations as well as eligible

financial assistance and income from odd jobs and services.

One bedroom

Two bedroom

Three bedroom

Four bedroom

Five bedroom

Six bedroom

$50

$60

$70

$80

$90

$100

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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2. The minimum monthly rent for the Starter Home Program is $225. Participants are

responsible to maintain sufficient income to participate in the Starter Home Program or

voluntarily terminate the lease agreement.

E. Late Payments: Rental payments are due on the first day of each month. If the required

rental payment is not received by the close of business on the 15 th day of the month, a

Delinquency Notice will be issued and sent by regular mail and a late fee will be assessed

in accordance with the NPTHA Collection and Eviction Policy.

F. Application of Payments: Payments made as rent will be applied at NPTHA discretion to

any outstanding balances which may include rent, or any other balances owed.

G. Partial Payments Conditions: The NPTHA retains the right to accept partial payments after

a delinquency notice or termination notice has been issued. NPTHA’s acceptance of any

such partial payments does not constitute a waiver of NPTHA’s rights under any such

notice.

Section 12: RECERTIFICATION PROCESS

Procedures for recertification will be in accordance with the recertification guidelines outlined in

HUD Handbook 4350.3 Rev. 1 as it now exists or is hereafter amended and as further described

below:

Purpose: Recertification must be conducted at least once per year to ensure assisted

tenants pay commensurate with their ability. Annual recertification schedules will be

conducted by project and not necessarily on tenant’s anniversary date. Income is

anticipated annual income; consequently, monthly recertifications are not to be

performed. Staff is to counsel tenants frequently about the family’s responsibility to

budget personal finances.

Frequency: All tenants must complete an annual recertification and report whenever a

change in income of $200 or more per month or a change in family composition occurs

until such time they either terminate or in the case of a homeownership opportunity

program until such time as they obtain ownership or exercise their option to purchase.

1. Interim redeterminations may be conducted for major change in circumstances

which results in significant loss of income to the household lasting more than one

month, such as loss of job, death, divorce, etc.

2. Interim redeterminations must be conducted when a family’s income increases more

than $200 per month or if there is a change in family composition.

Process: To assure that the data upon which the determination of eligibility for

continued occupancy, rent to be paid, and size of dwelling required are to be based are

full, true and complete, the information submitted by each tenant is to be verified before

any changes can take effect. Complete and accurate verification records are to be

maintained in the tenant’s folder.

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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Release of Information: When verifying and certifying income for eligibility, all adult

family members shall provide appropriate authorizations for release of information, so

staff can obtain third party verification. Each family must furnish information about the

amounts and sources of all income to the household and may be required to produce

tax returns, paycheck stubs and any other evidence of income. Failure to provide the

authorizations is grounds for denial and/or termination of assistance or rent charges

based on the fair market rent.

Verification of Data: See Section 8, for Verification Requirement.

Certification: As part of the record of each family reexamined, a designated staff

member is to complete and sign an eligibility certification which is to be filed in the

tenant’s folder.

Action Required Following Reexamination: Within 30 days after the tenant has

submitted all the information required of the tenant to comply with continued occupancy,

he is to be informed concerning:

Eligibility status and, if ineligible, the action to be taken;

An adjustment(s) with instructions for making changes if necessary and

Any instances of misrepresentation or non-compliance with the terms of

the Use and Occupancy Agreement or program policy revealed through

reexamination and any corrective action which is to be taken.

Retroactive:

If it is found at the time of reexamination or at any other time that the tenant had made

misrepresentations, intentional or unintentional or has failed to report other changes in

family circumstances and such changes would have required the tenant to pay a higher

rent, the increased rent is to be made retroactive to the month following the date on

which the change of circumstances occurred.

Concerns: In the event there are concerns regarding the information obtained, the staff

will report the concerns to the Executive Director. The Executive Director will review the

information and make a determination.

Quality Control: After reviewing the application data, the Housing Counselor will make a

written recommendation for action and submit the file to the Housing Manager for

review and final action. All recommendations and actions are to be in the form of written

documentation.

Notices: The tenant will be notified in writing when they are required to recertify.

Reporting: A monthly report of the status of recertifications will be completed by the

Housing Counselors to the Executive Director.

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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Section 13: INCOME

Applicable Definition: Annual income is defined in accordance with HUD Handbook

4350.3 Rev. 1 and further references 24 CFR Part 5, subpart F.

Calculation of Income: Income will be calculated in accordance with the procedures

outlined in HUD 4350.3 Rev.1 as it now exists or is hereafter amended.

Income Limits: The applicant family must have sufficient income to meet and maintain

the minimum payment and be within the income limits established by the applicable

program requirements. NAHASDA funded programs utilize the national median income

limits as amended annually and the LIHTC program utilizes the county area median

income as amended annually.

Verification: According to Section 8 Verification of this policy the family is required to

provide verifiable income documentation.

Section 14: SECURITY, DAMAGE AND CLEANING DEPOSIT

Condition of Premises: Participants in the NPTHA Program must stipulate that they

have examined the premises, including the grounds, buildings, improvements and

appliances (if any), and that they are, at the time of move-in, in good order, good repair,

safe, clean and enable condition, and tenant accepts the same as is and with all faults.

A Move-In Inspection form will be used to determine the condition and cleanliness of the

premises at the beginning of tenancy and a Move-Out Inspection form will be used at

the termination of tenancy.

Deposit: Participants are required to provide a deposit of Five Hundred Dollars

($500.00) as a security, damage and cleaning deposit or $150 for the Senior Citizens

apartments. Deposit is to be paid in full prior to move-in. Release of said deposit is

subject to the following terms and conditions:

At the expiration of the term of the Use & Occupancy Agreement or other

termination, except for a termination by the tenant’s exercise of the

option to purchase, there is no damage to the property beyond ordinary

wear and tear, no parts or household fixtures require replacement, and

the property is in the same condition of cleanliness;

The Move-In Inspection form will be used to determine the condition and

cleanliness of the premises at the beginning and termination of the

tenancy;

There are no unpaid late charges, delinquent rents, or any other unpaid

charges;

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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All keys are returned (Rental charges will continue until all keys are

returned or a written letter stating that the keys are lost, is received at

the NPTHA office);

All debris, rubbish and discards are placed in proper disposal containers;

Forwarding address on file with NPTHA;

The deposit or remainder thereof, if any, after any required cleaning and

repair, will be refunded within ninety (90) days by check, made payable

to each person signing the Use & Occupancy Agreement as the

lessee(s), and mailed to the forwarding address.

When an option to purchase is exercised, the deposit will be applied to

the purchase price or other upfront mortgage costs.

Section 15: CLIENT ACTION PLAN & HOMEOWNERSHIP HOUSING COUNSELING

Completion of Required Actions: All homebuyer participants will complete all “Required

Actions” as described in the Client Action Plan (CAP), which shall become a part of the

Use & Occupancy Agreement. The tenants must agree that all actions will be

completed in a period of time stated in the Client Action Plan.

Condition of Participation: As a condition of participation in the NPTHA housing

programs, the tenant will attend and satisfactorily complete Housing Counseling and

Education provided by the NPTHA in accordance with the NPTHA Housing Counseling

Policy.

One-on-One Housing Counseling: If NPTHA deems it advisable or necessary, the

tenant will attend as many one-on-one Housing Counseling sessions as needed to meet

the requirements with respect to property maintenance, financial management,

compliance with the Client Action Plan, and such other matters as may be appropriate.

Failure to Comply with the Housing Counseling requirements or the Client Action Plan is

a matter of non-compliance which will result in termination of participation in the NPTHA

Programs.

Section 16: INSPECTION

Right of Inspection: NPTHA’s agents shall have the right at all reasonable times during

the term of tenancy, with reasonable prior notice, to enter the premises for the purposes

of inspecting the premises and all buildings and improvements thereon to verify that the

tenant is meeting his maintenance obligations and to provide maintenance counseling.

Without Notice: NPTHA shall have the right to enter the tenant’s premises without prior

notice if NPTHA reasonably believes that an emergency exists that requires such

entrance. NPTHA will promptly notify the tenant in writing of the date, time and purpose

of such entry, and of the emergency which necessitated it.

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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Frequency: Inspections will be conducted at least annually to ensure that the tenant is

meeting his responsibility for providing routine and non-routine maintenance. In the

event it is found that the tenant is not satisfactorily meeting his maintenance

responsibilities, the NPTHA will follow the procedures described below:

New Tenants

a. Quarterly inspections will be conducted for the first year and

require mandatory attendance at the maintenance counseling

class.

b. Upon a satisfactory determination of the quarterly inspections,

inspections shall be scheduled annually.

Existing Tenants

a. Inspection shall be scheduled on an annual basis. Upon a

satisfactory determination that the tenant is meeting his

maintenance obligations, inspections will remain on an annual

basis.

b. Upon a dissatisfactory determination, apply appropriate level of

scheduled inspections to ensure that corrected action has been

taken. Depending on the severity, the NPTHA will prescribe a

schedule accordingly, which could be monthly, quarterly or more

frequently for housekeeping counseling.

Corrective Action: Any items that are found to be missing or in need of repair, whether

intentional or unintentional, are to be repaired or replaced at the tenant’s expense. The

following procedures will be followed:

A letter will be sent to the resident indicating the corrective action the

resident needs to make within a set time frame.

The NPTHA will re-inspect and verify the repair has been made. If the

resident fails to make the repair, then the NPTHA will proceed to the

next step.

For tenants, a work order will be issued and the NPTHA will make

arrangements for the repairs to be completed with labor and materials

charged to the tenant. Inspections of the unit are then scheduled in

accordance with the need as determined by the NPTHA.

Residents in the homeownership program are responsible for the repair

and maintenance of their homes. Failure to make repairs in accordance

with the corrective action issued is a violation of their lease agreement

and may result in action to terminate.

Non-compliance: Participant’s refusal to allow NPTHA to enter the premises and all

buildings as described in the NPTHA policies is serious violation and action to terminate

program participation will be initiated by the appropriate staff.

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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Section 17: UTILITIES

Tenant Responsibility: The tenant shall be responsible for arranging and paying for all

utility services required on the premises, including water, sewer, solid waste

assessment, and gas and electric charges. Promptly upon execution of the Use &

Occupancy Agreement, the tenant shall furnish to the NPTHA evidence that all

arrangements with the proper utility companies for commencing services in the tenant’s

name have been completed.

Non-compliance: Failure on the part of the tenant to provide all necessary utility

services, including payment for utilities or deposits for utility services, during any part of

the term of the Use & Occupancy Agreement is grounds for immediate termination of

the Use & Occupancy Agreement. Tenants will have three (3) business days to provide

evidence to the NPTHA that any or all of the services have been fully restored. Failure

to comply will initiate a 30 day notice of termination.

Section 18: MOVE-IN PROCESS

Move-In Inspection: A Move-In Inspection will be conducted on the date of admission

into the Program by a Housing Counselor and the tenant to verify the unit is in standard

condition, is ready for occupancy, and to note any needed repairs or deficiencies. The

Move-In Inspection provides the information that will be used to compare to the

information gathered during the Move-Out Inspection process. A comparison of both

inspection forms provide the basis for determining whether or not the unit is in the same

condition as it was when it was first rented.

Warranty Period: The NPTHA has a one-year warranty period for items which have

been replaced or repaired by the NPTHA maintenance staff. The one-year warranty

period commences on the date of acceptance of the repair work. Tenants occupying

rental units are not responsible for the costs associated with repairing warranty items,

unless the need for the repair is a result of tenant damage. Tenant responsibility for

warranty items in homeownership opportunity programs can be found in the specific

program policy or Use & Occupancy Agreement.

Warranty Information: Copies of suppliers’ names and addresses and other relevant

information for which there are warranty certificates (i.e., warranty certificates cover

specific time periods or specific parts of an item) are to be provided to the tenants of

homeownership opportunity programs. The NPTHA maintenance staff is to maintain

this information in the unit file for all tenants until a tenant terminates or purchases the

unit.

Section 19: MOVE-OUT PROCESS

Move-Out Inspection: A Move-Out Inspection will be conducted within 24 hours of

obtaining legal possession of the unit. The Move-Out Inspection provides the

information that is used to compare to the information gathered during the Move-In

Inspection process. A comparison of both inspection forms provide the basis for

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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determining whether or not the unit is in the same condition as it was when it was first

rented except for normal wear and tear.

Methamphetamine (Meth) Hazards: Due to increased health and safety concerns from

increased meth activities, all vacated units will be subject to meth contamination testing

and remediation according to the Meth Laboratory and Contamination Procedures

established by the NPTHA. Additional cleanup costs due to meth contamination will be

considered tenant damage and charged to the tenant.

(1) Any household which includes children or vulnerable adults and tests positive for

meth contamination will be reported to the Nez Perce Tribe Social Services

Program.

Procedures: The Executive Director shall prepare and implement procedures to ensure

a smooth transition from a vacated unit to the new tenant. Below is an outline of

essential procedures which may be amended by the Executive Director as needed.

1) Move out checklist prepared and distributed.

2) Work Order initiated.

3) Move out inspection completed within 24 hours.

4) Maintenance Department changes locks.

5) Cost estimate prepared

6) Cost estimate reviewed and approved.

7) Schedule appraisal if applicable.

8) Complete repairs.

9) Inspect and prepare punch list.

10) Conduct final inspection.

11) Complete Work Order documentation.

12) Process any applicable tenant charges and distribute copies.

Section 20: OCCUPANCY

Occupants: Only the persons listed on the Use & Occupancy Agreement will be

permitted to occupy the unit. The NPTHA must be immediately notified if changes to

the household occur. Occupancy by any persons is subject to the eligibility

requirements of the relevant NPTHA Program. Eligibility must be certified prior to any

additional persons taking occupancy.

Exclusive Use: The premises is intended for the exclusive use and occupancy of

those on the Admissions and Occupancy Agreement. Guests or visitors of the tenant

may be accommodated no longer than a period of two (2) weeks. “Guest” means a

person in the unit with the consent of the tenant. If any visit will extend beyond two (2)

weeks, the tenant must notify the NPTHA, stating the reasons for the extended visit

and the duration of the visit. Based on the circumstances, the NPTHA will determine if

there is an occupancy change warranting an application and an interim recertification.

Occupancy Standards: In order to prevent overcrowded conditions and wasted space,

homes shall be assigned in accordance with the following schedule. The NPTHA may

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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make exceptions due to unusual circumstances which will be assessed on a case by

case basis. Factors to be considered include age and sex of children, potential

changes in family composition, availability of unit sizes, etc. General rule for

occupancy ratio is a minimum of one person per bedroom and a maximum of two

persons per bedroom.

Number of Bedrooms

2 BR

3 BR

4 BR

5 BR

Number of Persons

2-4

3-6

4-8

5-10

Mandatory Transfers: During occupancy, when the household composition decreases for

a long term basis, the NPTHA may require the tenant to transfer to a more suitable size

home.

Other Occupancy Factors:

1. Dwellings will be assigned so as not to require use of the living room for

sleeping purposes.

2. Every family member regardless of age is to be counted as a person. An

unborn child will be counted as a person.

Use of the Home

1. The tenant and the NPTHA are jointly responsible to the Tribe and future

generations for ensuring that homes are used properly and are well maintained.

2. It is the responsibility of each tenant to take pride in their home by keeping it and the

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

3. Tenant is responsible for all home repairs and is expected to perform necessary

maintenance in a timely manner.

4. Instances of serious abuse or misuse of a home by a tenant, or failure by the tenant

to provide basic routine or non-routine maintenance are causes for termination from

the housing program.

5. A condition for selection is that the family agrees to use the home as their principal

residence during the term of the Admissions and Occupancy Agreement or for at

least nine months of the year.

Home Business Use: A tenant must request prior written approval from the Executive

Director to operate a small home business in their unit. The request is subject to the

conditions specified in the NPTHA Home Business Use Policy.

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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Section 21: MAINTENANCE AND REPAIR

Responsibility: Specific responsibility and procedures for maintenance and repair

depends on the specific housing assistance requirements outlined by the specific

program policy and/or the applicable use and occupancy agreement. The NPTHA

Maintenance Policy as it now exists or as it may hereafter be amended is by this

reference made a part hereof. General responsibilities are described according to two

categories of assistance:

1. Homebuyer Responsibility: Participants in homeownership opportunity programs

(i.e., lease with option to purchase, mutual help, etc.) shall be responsible for the

routine and non-routine care and maintenance of the home, including all repairs and

replacements (including repairs and replacements necessitated by damage from any

cause). The NPTHA shall not be obligated to pay for or to provide any maintenance

of the home other than the correction of warranty items reported during the

applicable warranty period, which is one year from move-in.

2. Renter Responsibility: The NPTHA is responsible for providing maintenance for all

rental units resulting from normal wear and tear. Renters are responsible for any

tenant damage, including damage resulting from failure to report maintenance

problems or from poor housekeeping practices.

Notification: Tenants shall notify the NPTHA promptly of all known need for repairs and

of any known unsafe conditions on the premises or grounds, which may either lead to

damage or injury. The NPTHA staff can assist the tenant through inspection and

counseling.

Failure to Perform: Failure of the tenant to perform his maintenance obligations

constitutes a breach of this policy and is grounds for termination of program assistance.

Upon a determination by the NPTHA that a breach has occurred, the NPTHA shall

require the tenant to agree to a specific plan of action to cure the breach and to assure

future compliance. The plan shall provide for maintenance work to be done within a

reasonable time by the tenant in a good workmanlike manner in accordance with the

uniform Building Code. If the tenant fails to carry out the plan, the NPTHA shall have

the work done and charge the cost to the tenant thereof. Such charges will be billed by

the NPTHA to the tenant as additional rent.

Emergency Repair: If the condition of the property creates a threat to the life, health or

safety of the occupants or a situation which will lead to damage of the unit, and the

tenant fails to correct the deficiency in an expeditious manner, the NPTHA shall have

the work done, and charge the cost thereof to the tenant as additional rent.

Work Order: Any work performed by the NPTHA shall be documented by a work order

or equivalent process stating the nature of and the charge, if any, for the work.

Charges: The tenant will be charged for any non-covered work performed by the

NPTHA.

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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Section 22: HOUSKEEPING STANDARDS

In an effort to improve the livability and conditions of the units owned and managed by the

NPTHA, uniform standards for resident housekeeping have been developed for all resident

families.

NPTHA Responsibility: The standards that follow will be applied fairly and uniformly to all

tenants. The NPTHA will inspect each unit at least annually, to determine compliance

with the standards. Upon completion of an inspection, the NPTHA will notify the tenant in

writing if he/she fails to comply with the standards. The NPTHA will advise the tenant of

the specific correction(s) that the tenant will be required to perform to establish

compliance, and indicate whether or not mandatory counseling is required. Within a

reasonable period of time, the NPTHA will schedule a second inspection. Failure to

comply with (3) three requests for unit inspection within 30 days will constitute a violation

of the Policy terms and is grounds for termination of the Use & Occupancy Agreement

and may result in eviction. Training will be available at no cost to the tenant requesting or

needing assistance in complying with the Housekeeping Standards.

Participant Responsibility: The tenant is required to abide by the standards set forth

below. Failure to abide by the Housekeeping Standards that results in the creation or

maintenance of a threat to health or safety is a violation of the Use & Occupancy

Agreement terms and can result in eviction.

Housekeeping Standards: Inside the Unit

General--



Walls should be clean and free of excessive dirt, grease, holes, cobwebs and

fingerprints.

Floors should be clean, clear, dry and free of hazards

Ceiling should be clean and free of excessive cobwebs

Windows should be clean and not nailed shut; shades, blinds or window

coverings shall be properly installed.

Blankets or other material which prevent proper ventilation shall not be used

as window covering.

Woodwork should be clean and free of excessive dust, gouges, or scratches.

Doors should be clean, free of grease and fingerprints, with functional locks.

Heating units should be dusted and access uncluttered.

Clothes, blankets and other materials shall not be piled against walls.

Any wet areas shall be cleaned up and dried.

Trash shall be disposed of properly and not left in the unit.

Entire unit should be free of rodent or insect infestation.

Kitchen--

Stove should be clean and free of excessive food and grease.

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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

Refrigerator should be clean and free of mold or aged food. Freezer door

should close properly and gaskets should be clean.

Cabinets should be clean and neat. Cabinet surfaces and counter tops

should be free of grease and spilled food. Cabinets should not be

overloaded. Storage under the sink should be limited to small or lightweight

items to permit access for repairs.

Exhaust fan filters should be free of grease build up.

Sink should be clean, free of grease and garbage. Dirty dishes should be

minimal and washed on a routine basis.

Food storage areas should be neat and clean without spilled food.

Trash/garbage should be stored in a covered container until removed to the

disposal area.

Bathroom--



Toilet and tank should be clean and odor free. Condensation should be

wiped regularly.

Tub and shower should be clean and free of mold and mildew. Where

applicable, shower curtains should be in place, and of adequate length to

prevent spillage.

Sink should be clean.

Vanities should be kept clean and free of water leakage.

Exhaust fan should be free of dust build up.

Floor should be clean and dry.

Storage Areas--



Linen closet should be clean and not over stuffed.

Other closets should be clean and not over stuffed.

No highly flammable materials should be stored in the unit.

Other storage areas should be clean and free of hazards.

Utility Areas--



Laundry areas should be clean and neat. Lint should be removed from dryers

after use.

Clothes or other materials shall not be piled against walls.

Utility room should be free of debris, motor vehicle parts, and flammable

materials.

Floor should be clean and dry.

Housekeeping Standards: Outside the Unit



Yards are to be free of debris, trash, and inoperable vehicle and vehicle parts.

Exterior walls should be free of graffiti.

Porches (front and rear) should be clean and free of hazards. No items are to

be stored on the porch. Porch furnishings shall not impede access to the unit.

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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

Steps (front and rear) should be clean and free of hazards.

Sidewalks should be clean and free of hazards.

Storm doors should be clean, with glass or screens intact.

Hallways should be clean and free of hazards

Yards are to be maintained at the tenant’s expense.

Section 23: ALTERATIONS AND IMPROVEMENTS

The tenant shall make no alterations to the buildings on the premises, or construct any

building or make other improvements on the premises, including painting of the interior

or exterior, without the prior, express and written consent of the NPTHA.

All alterations, changes, and improvements built, constructed or placed on the premises

by the tenant, with the exception of fixtures removable without damage to the premises,

and removable personal property, shall, unless otherwise provided by written

agreement between NPTHA and the tenant, be the property of the NPTHA and remain

on the premises at the expiration or earlier termination of the program agreement.

Section 24: ASSIGNMENT AND SUBLETTING

Subletting and assignment of the home is not permitted.

Section 25: TRANSFERS

Unit transfers are only considered for management’s efficient use of property and program

requirements. Residents are subject to the Selection & Eligibility requirements of the new

program.

Section 26: NPTHA POLICIES

Tenants are subject to the policies of the NPTHA as they now exist or as they may hereafter be

revised by the NPTHA. The NPTHA Client Action Plan, the NPTHA Housing Counseling Policy,

the NPTHA Collection & Eviction Policy, the NPTHA Grievance Policy, the NPTHA Non-Low

Income Assistance Policy, and the NPTHA Maintenance Policy as they exist or as they may

hereafter be amended, are by this reference made a part hereof. Violation of the same is grounds

for termination of the applicable lease or agreement.

Section 27: RISK OF LOSS/INSURANCE

Responsibility for the provision of fire and other peril insurance on the premises is as follows:

NPTHA Responsibility: NPTHA shall provide fire and other peril insurance for rental

units and on the premises during the rental phase of specific homeownership

opportunity programs. In the event of any loss, the tenant shall pay the insurance

deductible. The NPTHA shall not be responsible for the loss of any of the tenant’s

personal property by fire, theft, or any other reason.

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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Tenant Responsibility: It shall be the sole responsibility of the tenant during the rental

phase to obtain fire and other peril insurance covering their personal property.

Notice: Staff responsibility for educating tenant about Hazard Insurance will include

discussions during housing counseling meetings or classes.

Section 28: FIRE

In the event the leased premises shall become untenantable by reason of fire or other casualty,

participation under the applicable lease or agreement shall terminate and each party shall be

relieved of all future liabilities hereunder.

Section 29: PERSONAL PROPERTY

Any appliances provided with the unit will remain the property of the NPTHA until and unless

homeownership is achieved in a homeownership opportunity program.

Section 30: ABANDONMENT OF PERSONAL PROPERTY

Upon termination of a rental lease or Use & Occupancy Agreement, the NPTHA may dispose of

any item of personal property abandoned by the tenant in any manner deemed suitable by the

NPTHA. Disposition of property includes but is not limited to storing, selling, donating or

discarding of items. Proceeds, if any, after cost of such disposition, may be applied to the

payment of amounts owed by the tenant to NPTHA.

Section 31: ABANDONMENT

Abandonment: If at any time during the term of the lease or Use & Occupancy

Agreement, the tenant abandons the premises or any part of the premises, NPTHA

may, at its option, enter the premises by any means without being liable for any

prosecution for such entering, and without becoming liable to the tenant for damages or

terminate the lease or agreement by sending Notice of Termination to the tenant as

required by the lease or Use & Occupancy Agreement.

1. Abandonment may be demonstrated by a combination of 2 or more of the following:

a. Power or Utilities disconnected;

b. Failure to maintain payments;

c. Failure to respond to communication and home visits.

Personal Property: If NPTHA’s right of re-entry is exercised following abandonment of

the premises by the tenant, then NPTHA may consider any personal property belonging

to the tenant and left on the premises to also have been abandoned, in which case

NPTHA may dispose of all such personal property in any manner NPTHA shall deem

proper and is hereby relieved of all liability for doing so.

Section 32: SUCCESSION

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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Applicability of Succession Policy: The Succession Policy only applies to those

participating in Mutual Help and Occupancy Program, and does not apply to those

participating in a low-rent type program.

Beneficiary: A beneficiary is only applicable when the tenant designates a qualifying

beneficiary in writing with the NPTHA. The only circumstances upon which a beneficiary

is considered is upon the death of the tenant.

Eligibility: Only a beneficiary who is eligible under the laws and customs of the Nez Perce

Tribe to enter into a Use & Occupancy Agreement shall be eligible to assume the tenant’s

interest in and obligations under the Use & Occupancy Agreement.

1. A qualifying beneficiary is an adult who is:

a. Eligible and willing to assume all the obligations of the Use & Occupancy

Agreement and exercise the option to purchase in the allowable time frame.

b. Is not an existing homeowner or a tenant in a NPTHA program.

c. Willing to pay all debt associated with the Use & Occupancy Agreement

property.

No Designated Beneficiary: When the tenant has died and there is no designated

beneficiary and there are no heads of households remaining, the NPTHA shall consider

the Use & Occupancy Agreement as having been terminated by the tenant and will select

another tenant from the waiting list.

Remaining Personal Property: Any person claiming to be an heir of the tenant who seeks

to remove personal property from the deceased’s home must present a court order

authorizing the person to enter and remove personal property from the premises.

Section 33: TERMINATION

Non-compliance: In the event of the default of any material provision of the Policies or

the Use & Occupancy Agreement by the tenant, the Use & Occupancy Agreement and

the option to purchase, at the option of the NPTHA, shall terminate and be forfeited. The

NPTHA shall be entitled to possession of the premises. The tenant shall be given thirty

(30) days notice of any default or breach, and shall have thirty (30) days from service of

said notice within which to cure or correct said breach. If the default or breach is not

cured within thirty (30) days, NPTHA may immediately terminate the Use & Occupancy

Agreement and bring an action for the tenant’s unlawful detainer and/or pursue any other

remedy which may be available under the law or in equity.

Relevant Documents: With respect to any Notice provided the tenant is entitled prior to

any court hearing or trial to examine any relevant documents, records, or regulations

directly related to the termination or eviction.

Grounds for termination: Includes any violation of applicable NPTHA policies. The

following list is not intended to be comprehensive but to serve as a listing of typical

serious violations warranting termination:

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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1. The tenant fails to pay when due any payment required to be paid under this

agreement.

2. The tenant attempts to sell, transfer or convey any ownership interest in the right to

acquire a home in violation of this agreement.

3. The tenant or any member of the tenant’s household has misrepresented or withheld

material information in connection with the initial application of the tenant to

participate in NPTHA programs or in connection with the initial determination of the

adjusted monthly income of the family or any redetermination of adjusted monthly

income.

4. The tenant allows any person to reside in the home who is not eligible to do so

under the policies of the NPTHA.

5. The tenant or any member of the tenant’s household fails to comply with all

applicable building and housing codes.

6. The tenant uses the home for any purpose other than as the principal residence of

the tenant.

7. The tenant fails to dispose of all ashes, garbage, rubbish and other waste from the

home in a sanitary and safe manner or in violation of the Housekeeping Standards

cited in this policy.

8. The tenant, any member of the tenant’s household, or any guest or other person

who has been permitted to be on the premises destroys, defaces, damages or

removes the home or any part of the home.

9. The tenant, any member of the tenant’s household, or any guest or other person

who has been permitted to be on the premises by the tenant fails to use any

electrical, plumbing, sanitary, heating, ventilating, air-conditioning or other facilities

or appurtenances in a reasonable manner.

10. The tenant, any member of the tenant’s household, or any guest or other person

who has been permitted to be on the premises by the tenant engages in any activity:

a. That threatens the health or safety of any other person while on or near the

tenant’s premises. Such persons shall include but are not limited to persons

who themselves are members of the tenant’s household, persons residing in

the vicinity of the premises of the tenant, and employees of the NPTHA.

b. That threatens the peaceful enjoyment of their premises by persons residing

in the vicinity of the tenant, including the discharge of a firearm in a cluster

site of the NPTHA.

c. That is criminal activity (including drug-related criminal activity) on or off the

premises. It is not necessary that there be a criminal conviction or pending

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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criminal proceedings in order for such activity to be considered as a breach

of this agreement.

11. The tenant maintains or allows any condition which threatens the health or safety

of persons who are members of the tenant’s household, persons residing in the

vicinity of the tenant or any member of the public.

12. The tenant fails to provide needed repairs or necessary maintenance to the home

or fails to keep and use the home in a clean and safe condition.

13. The tenant fails or refuses to comply with or perform any other terms or condition

of this agreement.

14. The tenant fails to comply with the policies and the rules and regulations of the

NPTHA as now in effect or as hereafter amended.

15. The tenant fails to comply with or abide by any agreement entered into between

the NPTHA and the tenant for the tenant to cure a breach or default under the

applicable Use & Occupancy Agreement and/or the applicable policies, or fails to

comply with or abide by an decision on an appeal filed by the tenant in which terms

or conditions are imposed on the tenant for the cure of a breach or default under

the applicable Use & Occupancy Agreement and the applicable policies.

16. Unless the tenant has sought the assistance of the Tribal Police and/or the Tribal

Court in having a person removed from the premises, and the tenant has fully

cooperated with the Tribal Police and/or the Tribal Court in having such person

removed from the premises, the tenant agrees that any such person may be

considered to be a “guest or other person who has been permitted to be on the

premises by the tenant.”

Section 34: NOTICES

Any notices or demand to be given, served, or made shall be validly and sufficiently given,

served, or made, if from the NPTHA to the tenant, if the same is deposited in the United States

mail, by certified mail, return receipt, postage prepaid, addressed to the tenant as listed on the

lease agreement; and, if from the tenant to the NPTHA, if the same is deposited in the United

States Mail, by certified mail, return receipt, postage prepaid, addressed to the NPTHA at: P.O.

Box 188, Lapwai, ID 83540. The service of such notice shall be deemed complete by the said

deposit thereof in the United States Mail as aforesaid. Either party may, by notice to the other in

writing, designate a different place to which notices shall be sent.

Section 35: WAIVERS

No waiver by the NPTHA of any term, covenant, or condition of these policies shall be construed

as a continuing waiver thereof, nor a waiver of any other term, covenant, or condition of this

policy. Each and every default on the part of the tenant shall be considered a separate and a new

breach of the policy, irrespective of whether or not other defaults exist at that time.

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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The Executive Director will have the authority to waive this policy as it relates to compensating

factors.

Section 36: MODIFICATION

Modification of the Admissions & Occupancy Policy is subject to approval by the Board of

Commissioners. Matters incorporated in the Policy by reference shall be publicly posted in a

conspicuous manner in the NPTHA’s office and a copy shall be furnished to the tenant on request.

If such schedules, rules and regulations are modified, the NPTHA shall give at least 30-days

written notice to each affected tenant through a mass mailing setting forth the proposed

modification, the reasons therefore, and provide the tenant an opportunity to present written

comments which shall be considered by the NPTHA prior to the effective date of the proposed

modification.

Section 37: NUMBER AND GENDER

Whenever used throughout this policy, unless the context shall otherwise provide, the singular

number shall include the plural, the plural the singular, and the use of any gender shall include all

genders.

Adopted October 17, 2002; Amended 4/18/2007; 1/16/20099; 3/20/ 2009; 5/26/09, 10/18/12, 4/1/14, 9/17/2018, 5/24/2021

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.