Title 6. Property and Land – Chapter 611

Title 6. Property and Land – Chapter 611

LANDLORD-TENANT

Rule # 4 – Income Based Rent to Own Program Eligibility,

Selection and Other Requirements

4.1. Purpose and Effective Date

4.2. Adoption and Authority

4.3. Definitions

4.4. Eligibility Requirements

4.5. Application Process and Wait List

4.6. Tenant Selection

4.7. Setting Rents

4.8. Annual Inspection and Background Check

4.9. Rent to Own Agreement Cancellation

4.1. Purpose and Delegation

4.1-1. Purpose. The purpose of this rule is to provide additional eligibility requirements,

selection procedures and general requirements that govern the Comprehensive Housing

Division’s income-based homeownership program.

The mission of the income-based

homeownership program is to offer Tribal members homeownership opportunities without

requiring credit checks or down payments which offers payment plans that may include federal

subsidy, is free of interest, and with payment amounts based on household income. It is always

the Comprehensive Housing Division’s policy to develop, maintain, and operate affordable

housing in safe, sanitary and healthy environments within the reservation.

4.1-2. Delegation. The Landlord-Tenant law delegated the Comprehensive Housing Division

and Land Commission joint rulemaking authority pursuant to the Administrative Rulemaking

law. However that delegation excluded the Land Commission from having joint authority where

the rules relate solely to premises administered pursuant to federal funding. Accordingly, the

Comprehensive Housing Division has sole rulemaking authority for these rules.

4.2. Adoption and Authority

4.2-1. This rule was adopted by the Comprehensive Housing Division in accordance with the

procedures of the Administrative Rulemaking law.

4.2-2. This rule may be amended or repealed by the approval of the Comprehensive Housing

Division pursuant to the procedures set out in the Administrative Rulemaking law.

4.2-3. Should a provision of this rule or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this rule which are

considered to have legal force without the invalid portions.

4.2-4. In the event of a conflict between a provision of this rule and a provision of another rule,

internal policy, procedure or other regulation, the provisions of this rule control.

4.2-5. This rule supersedes all prior rules, regulations, internal policies or other requirements

relating to the Landlord-Tenant law, provided that tenants are currently subject to the Mutual

Help Agreement shall remain subject to the Mutual Help Agreement with this rule applying to all

future rent-to-own agreements entered into by the Comprehensive Housing Division.

4.3. Definitions

4.3-1. This section governs the definitions of words and phrases used within this rule. All

words not defined herein are to be used in their ordinary and everyday sense.

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(a) “Comprehensive Housing Division” means the entity responsible for housing matters

specifically related to rent-to-own agreements as defined by Oneida Business Committee

Resolution.1

(b) “Household” means all persons residing at the premises.

(c) “HUD” means the United States Department of Housing and Urban Development.

(b) “Landlord” means the Nation in its capacity to rent real property subject to a rental

agreement.

(c) “Nation” means the Oneida Nation.

(d) “Premises” means the property covered by a rent-to-own agreement, including not

only the real property and fixtures, but also any personal property furnished by the

landlord pursuant to a rental agreement.

(e) “Rent-to-Own Agreement” means a written contract between a landlord and a tenant,

whereby the tenant is granted the right to use or occupy the premises for a residential

purpose.

(f) “Tenant” means the person granted the right to use or occupy a premise pursuant to a

rental agreement.

(g) “Tribal member” means an enrolled member of the Nation.

4.4.

Eligibility Requirements

4.4-1. Tribal Member Status. At least one (1) of the heads of household required to sign the

rent-to-own agreement is required to be a Tribal member. Comprehensive Housing Division

staff shall verify enrollment status by either requiring a copy of the Tribal Identification Card or

requesting verification from the Trust Enrollment Department.

4.4-2. Dependent Minor. In order to be eligible there must be a minimum of one (1) minor in

the household composition that is a full-time dependent of a head of household at the time of

application.

4.4-3. Maximum Income. Pursuant to NAHASDA, in order to be eligible for an income-based

rent-to-own agreement, the household must qualify as low income at the time of initial

occupancy. In order to qualify as low-income, applicants’ household income may not exceed

eighty percent (80%) of the regional gross annual income based on the data from Outagamie

County.2 For the purposes of this section, gross annual income is all income from any and all

sources of income from all adult members of the household anticipated to be received in an

upcoming twelve (12) month period unless specifically excluded from income in this section.

Applicants shall provide Comprehensive Housing Division staff written verification of income.

(a) For purposes of calculating income to determine eligibility, the Comprehensive

Housing Division staff shall include per capita payments to the extent that receipt of per

capita payment may be verified for the prior year based on the tax return.

(b) For the purpose of calculating income to determine eligibility, the Comprehensive

Housing Division staff shall include in annual income gross income from household

1

See BC Resolution 10-12-16-D providing that for purposes of the Landlord-Tenant law, the Comprehensive

Housing Division means the Division of Land Management for general rental agreements, the Oneida Housing

Authority for income-based rental agreements and Elder Services for rental agreements through the Elder Services

program.

2

Pursuant to resolution BC-01-25-12-A, Outagamie County is designated as the data source for collecting regional

gross income for determining low-income housing eligibility because the income in that area is generally higher

than Brown County’s and results in more persons being eligible based on the income requirements.

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assets where net household assets are defined in accordance with 24 CFR 5.603.3

(b) For purposes of calculating income to determine eligibility, the Comprehensive

Housing Division staff may not include the following:

(1) Income from employment of any household minors;

(2) Payments received for the care of foster children and/or handicapped/mentally

incompetent adults;

(3) Lump-sum additions to household assets including, but not limited to,

inheritances, insurance payments, capital gains, and settlements for personal

and/or property losses, excluding payments in lieu of earnings, such as

unemployment, disability compensation, worker’s compensation, and severance

pay, which are included in income;

(4) Amounts received by the household that is specifically for, or in

reimbursement of, the cost of medical expenses for any member of the household;

(5) Income of a live-in medical aide;

(6) Any amounts received as student financial assistance;

(7) Income of any adult household members that are students, other than the head

of household, in excess of $480 annually; the first $480 of annual income

received by an adult student household member shall be included as income;

(8) Payments made to any member of the household serving in the armed forces

for exposure to hostile fire;

(9) Amounts received under training programs funded by HUD;

(10) Amounts received by persons with disabilities, which amounts are

disregarded for a limited time for purposes of Supplemental Security Income

eligibility and benefits because such amounts are set aside for use under a Plan for

Achieving Self-Support;

(11) Temporary, nonrecurring and/or sporadic income (including gifts);

(12) Adoption assistance payments that exceed $480 annually; the first $480 of

annual adoption assistance payments shall be included as income;

(13) Deferred periodic amounts from supplemental security income and social

security benefits that are received in a lump sum amount or in prospective

monthly amounts;

(14) Amounts paid by a state agency to a member of the household with a

developmental disability to offset the cost of services and/or equipment needed to

keep the developmentally disabled member living in the household; and

(15) Amounts specifically excluded from income by any applicable federal statute

and/or regulation, specifically those identified in the Federal Register.4

4.4-4. Minimum Income. Applicants shall have a minimum income of $30,000 at the time of

application.

4.4-5. Outstanding Debts. Applicants for a rental agreement may not have a past due balance

greater than two hundred dollars ($200) owed to any utility provider and may not have any prior

debt owed to the Comprehensive Housing Division.

4.4-6. Prior Comprehensive Housing Division Eviction. Applicants that have had a rental

agreement with the Comprehensive Housing Division subject to an eviction and termination

3

See HUD Occupancy Handbook, Exhibit 5-2: Assets.

The most recent notice of federally required exclusions was published on December 14, 2012 and can be found in

the Federal Register at 77 FR 74495.

4

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within two (2) years from the date of the application are not eligible to participate in the incomebased rent-to-own program.

4.4-7. Criminal Convictions. Applicants with any of the following types of convictions are not

eligible for participation in the rent-to-own program, provided that the Pardon and Forgiveness

law may provide an exception to the conditions contained in this section:

(a) A drug conviction within three (3) years from the date of application;

(b) A felony conviction within five (5) years from the date of application; and/or

(c) A criminal conviction based upon an act of violence within two (2) years from the

date of the application.

4.4-8. Homeowner Status. Applicants that are current homeowners are not eligible for

participation in the income-based rent-to-own program.

4.4-9. Current Comprehensive Housing Division Tenants. Applicants that are current tenants of

the Comprehensive Housing Division are required to be in compliance with the rental program

agreement and any accompanying rules in order to be eligible for participation in the incomebased rent-to-own program.

4.5.

Application Process and Wait List

4.5-1. Applying. Persons wishing to participate in the income-based rent-to-own program shall

complete the Comprehensive Housing Division rent-to-own agreement application and any other

accompanying forms required based on the income-based program eligibility requirements. The

Comprehensive Housing Division staff may not consider any applications for selection and/or

placement on the wait list until the application and all accompanying forms are complete. Upon

receipt of a completed application, including all supplementary forms, Comprehensive Housing

Division staff shall date and time stamp the application. If, regardless of a complete application

submittal, additional information is required to determine eligibility, the Comprehensive Housing

Division staff shall request such information and maintain the application submittal date

provided that the applicant responds to the information requests in a reasonably timely fashion.

(a) Household Composition Form. The Comprehensive Housing Division staff shall

require applicants to the income-based homeownership program to complete a Household

Composition Form which provides the full name, age and date of birth of each person

contemplated to reside in the home. In order to verify such information, the

Comprehensive Housing Division staff shall require that applicants submit the following

with the Household Composition Form:

(1) Copies of social security cards for each person contemplated to reside in the

home, provided that for newly born babies that have not yet been issued a social

security card a birth certificate is sufficient;

(2) A copy of a picture identification card for each adult contemplated to reside in

the home;

(3) If any adults in the home are enrolled in post-secondary education,

verification of enrollment in the form of a financial aid award letter or other

documentation directly from the school; and

(4) If an adult in the household is the custodial parent/guardian of a minor, a copy

of the court documents which awarded such placement.

(b) Household Size/Needs. At the time of application, the applicant shall indicate what

size home they require: two (2) bedrooms; three (3) bedrooms; four (4) bedrooms; five

(5) bedrooms and/or handicap accessibility.

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(c) Background Checks. In order to ensure compliance with the eligibility requirements

of the Landlord-Tenant law and these rules, Comprehensive Housing Division staff shall

perform a background check on each adult in the household. Household adults are also

subject to annual background checks upon the annual update pursuant to 4.8-5 and as

may be determined to be necessary by the Comprehensive Housing Division staff to

maintain the safety of the community.

4.5-2. Notification of Eligibility, Placement on the Wait List. When Comprehensive Housing

Division staff completes its review of an application and determines the applicant(s) is eligible

for the rent-to-own program, the staff shall determine whether there is a wait list for the rent-toown program for the home size needed by the applicant.

(a) If there is a wait list established for the home size needed by the applicant,

Comprehensive Housing Division staff shall place the applicant on the wait list based on

the date and time stamp of the application. At such time, Comprehensive Housing

Division staff shall provide the applicant with notice of their placement on the wait list

and the requirement to update their application should anything change prior to a home

becoming available. An applicant may request to be removed from the wait list at any

time.

(b) If there is not a wait list established and there are homes available, move to the tenant

selection process provided in section 4.6.

4.5-3. Notification of Ineligibility. If review of a complete submitted application reveals that an

applicant is ineligible to participate in the rent-to-own program based on the Landlord-Tenant

law and/or rules, the Comprehensive Housing Division staff shall notify the applicant of the

cause of the ineligibility and how the applicant may become eligible in the future. At such time,

Comprehensive Housing Division staff shall also inform the applicant of other housing

opportunities offered by the Nation for which the applicant may be eligible, if applicable.

4.5-4. Required Application Updates. Applicants on the wait list are required to update the

application, at a minimum, annually, but also whenever information submitted on the application

has changed. Applicants that fail to complete the application update within the allotted

timeframe will be removed from the wait list and required to re-apply for future consideration

absent proof of extenuating circumstances, for which Comprehensive Housing Division staff

may provide a grace period of a maximum of ten (10) calendar days. Should an updated

application reveal that an applicant has become ineligible for the rent-to-own program,

Comprehensive Housing Division staff shall remove the applicant from the wait list and provide

the applicant notice of the cause for ineligibility.

4.6.

Tenant Selection

4.6-1. Available Rent-to-Own Homes. When a rent-to-own home becomes available, the

Comprehensive Housing Division staff shall preliminarily select a tenant based on the first

applicant on the wait list for the available home size.

4.6-2. Notice of Tenant Selection. When an applicant is selected for a unit in accordance with

this section, the Comprehensive Housing Division staff shall provide the applicant with notice of

tenant selection. The notice, at a minimum, shall include the address of the home, the estimated

monthly payment required (based on the applicant’s reported income), and a requirement that the

applicant respond within fifteen (15) calendar days to accept/reject the home on a rent-to-own

basis.

(a) Failure to Respond or Rejecting a Home. If a home is rejected for any reason other

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than that the applicant would like to wait for a different home to become available, or, if

the applicant fails to respond to the notice, Comprehensive Housing Division staff shall

remove the applicant from the wait list. For applicants that reject a home in order to wait

for a different home to become available on a rent-to-own basis, Comprehensive Housing

Division staff shall replace applicant on the waitlist in their same spot.

(b) Accepting a Rental Premise.

(1) Timeframe for Completing the Rent-to-Own Agreement and Taking

Occupancy. Applicants that have accepted a home from the rent-to-own program

have five (5) calendar days from the date the home is move-in ready to:

(A) Reconfirm that they remain eligible for the rent-to-own program;

(B) Pay the first month’s payment; and

(C) Execute the rent-to-own agreement and all required supplemental

forms, provided that the agreement may not be executed until (A) and (B)

are complete.

(2) Taking Occupancy. The Comprehensive Housing Division shall provide the

tenant with keys to the home upon execution of the rent-to-own agreement. As

such time, the Comprehensive Housing Division staff shall provide the tenant

with a check-in sheet and notice the tenant that he/she has seven (7) calendar days

from the date the tenant takes occupancy to complete the check-in sheet and

submit it to the Comprehensive Housing Division.

4.7.

Rent-to-Own Loans

4.7-1. Rent-to-Own Loans. The Comprehensive Housing Division shall require tenants in the

rent-to-own program to make monthly payments towards the principal of their loan as

documented in the rent-to-own agreement. A rent-to-own loan provides that title to the premise

remains in the Comprehensive Housing Division’s name until the tenant has, in combination

with federal subsidies, paid the principal in full, at which time title to the premise is conveyed to

the tenant and the tenant thereby becomes a homeowner. At the time of conveyance to the

homeowner, the Comprehensive Housing Division shall refer to homeowner to the Division of

Land Management to secure a residential lease for the land upon which the home is located.

4.7-2. Rent-to-Own Payments. Rent-to-Own payments are allocated one hundred percent

(100%) towards the principal; there is no interest assessed on a rent-to-own loan. The

Comprehensive Housing Division staff shall set the household’s required monthly principle

payment based on the household’s income in accordance with the following:

(a) Payment Amount. The household’s principal payment responsibility must be between

fifteen percent (15%) and thirty percent (30%) of the household’s adjusted gross income

based on the income calculation requirements provided in section 4.4-3. Principal

payments may not exceed the fair market rents of the subject premise as determined by

the data for Outagamie County. The tenant shall select a payment plan based on fifteen

percent (15%), twenty (20%), twenty-five percent (25%) or thirty percent (30%) of the

household’s adjusted gross income. Once selected, a payment plan may not be modified,

provided that at any time the tenant may pay more towards the principal than what is

required by the payment plan. Adjusted gross income means the annual household

income remaining after the Comprehensive Housing Division staff applies the following

deductions:

(1) Dependent Deduction. A deduction of $480.00 from annual income for each

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household minor dependent or adult dependent where the adult dependent is

either a full-time student or a person with disabilities.

(2) Elder and/or Disabled Deduction. A total deduction of $400.00 from annual

income for a household in which:

(A) A household member is sixty-two (62) years of age or older; and/or

(B) A household member is a person with a disability.

(3) Medical and Attendant Expenses. For a household qualifying under 2.72(a)(2), a deduction for medical expenses5 that are in excess of three percent (3%)

of annual income and all expenses for live-in periodic attendant care assistance or

apparatus to the extent necessary to enable a member of the family to be

employed.

(4) Child Care Expenses. A deduction for reasonable child care expenses from

annual income if the child care:

(A) Enables an adult household member to seek employment activity, be

gainfully employed, or further his/her education; and

(B) Expenses are not reimbursed.

(5) Child Support for a Household Minor. A deduction for the full amount of

child support paid by a household member for a household minor (i.e. when the

parent paying child support lives in the same household as the child for which the

parent is paying child support).

(6) Earned Income of Minors. A deduction in the amount of any earned income

of any minor household member.

(7) Travel Expenses for Employment or Education-Related Travel. A maximum

deduction of $25.00 per week for travel expenses for employment or education

related travel.

(b) Administrative Fee. The Comprehensive Housing Division shall assess a monthly

administrative fee of one hundred dollars ($100.00) per month in addition to any required

principal payment.

(d) Federal Subsidy. The Comprehensive Housing Division staff shall subsidize the

tenant’s monthly payment responsibilities based on thirty percent (30%) of the assessed

value of the home.

(e) Loan Duration.

Based on the payment plan selected by the tenant, the

Comprehensive Housing Division shall calculate the loan duration based on the number

of months required to satisfy the principal in full, less the amount of the federal subsidy.

4.7-3. Financial Hardship Recovery Agreements. Should an adjustment to the tenant’s income

result in the required monthly principal payment exceeding thirty percent (30%) of the

household’s monthly gross income, the household becomes eligible for a financial hardship

recovery agreement. Such agreements will adjust the required monthly principal payment to a

manageable amount and may also adjust home improvement loan required payments, provided

that the administrative fee may not be waived in any circumstance. Upon entering a financial

hardship recovery agreement, the rent-to-own agreement and, if applicable, the home

improvement loan, shall be amended to extend the loan duration based on the timeframe required

to repay the total amount of the difference between the agreement payment required by the

tenant selected payment plan and the adjusted payments.

(a) Financial Hardship Recovery Agreement Duration. Financial Hardship Recovery

5

Medical expenses are those identified in Title VII, Section IV of NAHASDA.

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agreements shall be between a minimum of six (6) months and a maximum of twelve

(12) months in duration. Any financial hardship recovery agreement entered for less than

the maximum of a twelve (12) month period may be extended, provided that such

extension may not cause the total agreement duration to exceed twelve (12) months. The

rent-to-own loan duration shall be extended based on the timeframe required to repay the

total amount of the difference between the rent-to-own agreement payment required by

the tenant selected payment plan and the adjusted payments.

(b) Maximum Hardship Recovery Agreements. Throughout the life of the loan, a tenant

is eligible for a maximum of three (3) financial hardship recovery agreements, provided

that tenants are not eligible for a new financial hardship recovery agreement until one (1)

year has lapsed since the prior financial hardship recovery agreement expired, including

any amendments thereof.

(c) Inability to Pay Following a Financial Hardship Recovery Agreement. In the event a

household is not able to recover within the agreement period and is not able to begin

making full payments based on the tenant selected payment plan in the rent-to-own

agreement, the Comprehensive Housing Division shall initiate eviction and termination

proceedings. In the event of eviction and termination, the amounts paid by tenant into the

loan are forfeited to the Comprehensive Housing Division as rent compensation for the

tenancy. Any damages to the home may be assessed against the tenant as part of the

eviction and termination proceeding.

4.7-4. Home Improvement Loan. Tenants are encouraged to maintain savings to cover any

unanticipated housing related repairs that may arise. In order to assist tenants in the case of

emergency and to make home improvements, tenants may borrow against their principal

payment account with a home improvement loan. Tenants are responsible for paying the full

home improvement loan in addition to the original principal amount; a home improvement loan

reduces the principal payment account balance by the full value of the home improvement loan.

The tenant shall select a payment plan where the maximum duration for the home improvement

loan shall be one (1) year for each one thousand dollars ($1,000) borrowed with a maximum of

twenty-five thousand dollars ($25,000) available under a home improvement loan.

(a) Home improvement loans are available for any home improvement fixed to the

structure as well as unattached garages. Available improvements include, but are not

limited to repair/replacement/purchase of the following:

(1) Furnace or other primary heating source;

(2) Windows;

(3) Doors;

(4) Roofing;

(5) Siding;

(6) Insulation;

(7) Central air system;

(8) Hot water heater;

(9) Foundation;

(10) Garage (attached or unattached);

(11) Deck;

(12) Porch;

(13) Plumbing;

(14) Entry/room addition; and/or

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(15) Electrical.

(b) Tenants borrowing under the home improvement loan are required to submit a

minimum of three (3) bids to the Comprehensive Housing Division for the work sought

to be completed with loan funds. All payments issued pursuant to a home improvement

loan shall be paid directly to the vendor by the Comprehensive Housing Division and

shall require a twenty-five percent (25%) retainage to be paid upon completion via check

issued in the name of both the tenant and the vendor.

(c) In order to be eligible for a home improvement loan, the tenant must:

(1) Have been in the home for a minimum of five (5) years;

(2) Not have had their home conveyed;

(3) Be current with their rent-to-own agreements principal payments; and

(4) Not have any an existing balance for any prior home improvement loan.

(d) A home improvement loan is an extension of the rent-to-own agreement; as such, the

Comprehensive Housing Division may institute an eviction and termination of the home

for a default of the home improvement loan.

(e) Upon approving a home improvement loan, the Comprehensive Housing Division

staff shall work with tenants to teach home ownership skills by meeting with the tenant

to:

(1) Discuss what to look for when soliciting bids;

(2) Review bids obtained with the tenant and discuss the merits of each bid and what

the Comprehensive Housing Division considers when selecting vendors for similar

services; and

(3) Reviewing the work upon completion and discussing the things the

Comprehensive Housing Divisions considers prior to issuing final payment to a

vendor for similar services.

4.8. Annual Inspection and Update

4.8-1. Annual Inspections. Comprehensive Housing Division staff shall schedule annual

inspections for each rent-to-own property.

4.8-2. Inspection Checklist. Comprehensive Housing Division staff completing the annual

inspection shall use the checklist that is approved by the Comprehensive Housing Division

director. Upon completion of the inspection, Comprehensive Housing Division staff shall

request that the tenant(s) sign the completed checklist.

4.8-3. Damages. Tenants are required to repair any damages to the rental premises discovered

during the annual inspection that do not amount to normal wear and tear and are required to

make any improvements necessary to maintain the integrity the property and the health and

safety of the occupants of the premises. In the event such repairs and/or improvements are not

completed within the timeframe provided by the Comprehensive Housing Division, the

Comprehensive Housing Division may complete the repairs and/or improvements and assess the

costs to the tenant and a penalty fee of ten percent (10%) of the actual costs. The

Comprehensive Housing Division may offer the tenant a payment agreement to cover such costs.

4.8-4. Immediate Notice of Change in Household Composition and/or Income. Tenants shall

immediately notify the Comprehensive Housing Division of any change in the tenant’s

household composition and/or income, regardless of the date scheduled for the annual update. A

change in household income may cause a change in the amount of monthly principal payment

required.

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4.8-5. Annual Update. On an annual basis the tenant shall provide an update to the

Comprehensive Housing Division which demonstrates that the tenant continues to meet the

requirements of section 4.4-1 and 4.4-7. If the tenant fails to continue meeting these

requirements, the Comprehensive Housing Division may begin eviction and termination

proceedings.

4.8-6. Ineligibility Due to Annual Update. Comprehensive Housing Division staff shall provide

tenants that become ineligible to participate in the income-based rent to own program based on a

renewal or update of household information with notice specifying the cause of the ineligibility.

(a) Ineligibility Due to Renewal. In circumstances where the tenant learns of ineligibility

as part of the annual renewal, Comprehensive Housing Division staff shall include in the

notice of ineligibility that renewal of the rent to own agreement is not available at such

time and that the tenant is entitled to a minimum of a thirty (30) day notice to cure, by

reinstating eligibility, or vacate.

(b) Ineligibility Due to an Update of Household Information. In circumstances where the

tenant learns of ineligibility as part of an update of household information,

Comprehensive Housing Division staff shall include in the notice of ineligibility the

warning of potential termination in accordance with the rent to own agreement. In the

event the tenant is unable to or fails reinstate their eligibility in accordance with the

timeline provided in the notice, the Comprehensive Housing Division shall permit the

tenant to remain in the unit for the longer of (1) the duration of the rental agreement or

(2) ninety (90) calendar days from the date of the notice of ineligibility.

(1) If the tenants’ circumstances result in the tenant completing the term of the

rental agreement, eligibility shall be reconsidered at the time of the annual

renewal. If the tenant remains ineligible at the time of renewal, article 2.8-6(a)

applies, excluding 2.8-6(a)(1).

(2) If the tenants’ circumstances result in the tenant receiving a thirty (30)

calendar day notice to cure or ninety (90) calendar day notice to vacate, the tenant

shall enter a limited term rental agreement to cover any time which exceeds the

current rental agreement.

(c) Limited Term Rental Agreements. Limited term rental agreements are available in

accordance with article 2.8-6(a)(1) and 2.8-6(b)(2) of these rules and section 710.9-4 of

the Landlord-Tenant law. At a minimum, limited term rental agreement shall include:

(1) The date of the original notice of ineligibility;

(2) An explanation that the tenant has thirty (30) calendar days to reinstate

eligibility;

(3) As applicable, an explanation that if eligibility is not timely reinstated, that the

limited term rental agreement takes the place of the thirty (30) calendar day notice

to cure or vacate required by the Eviction and Termination law; and

(4) An explanation that if eligibility is not timely reinstated, the rental unit will

be reclaimed with locks being changed on the ninety-first (91st) day from the date

of the original notice of ineligibility.

4.9.

Rent to Own Agreement Cancellation

4.9-1. Two Week Notice Required. Tenants wishing to cancel a rent to own agreement are

requested to provide the Comprehensive Housing Division with a minimum of two (2) weeks of

notice.

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4.9-2. Prorated Rent. In the event of cancellation of a rent to own agreement or abandonment

of the rental premises, the Comprehensive Housing Division staff shall prorate the required last

month’s rent payment based upon the greater of the following:

(a) The number of calendar days the unit was occupied in the last month; or

(b) Two (2) weeks from the date of cancellation or the date the Comprehensive Housing

Division learns of abandonment.

End.

Original effective date: June 29, 2017

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