BLUE RIVER MEADOWS ADDITION

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Homebuyer Lease/Purchase Program

Guidelines, Policies and Qualifications

REVISED 12/06/2023

Approved by Housing BRM Board of Commissioners on

December 06, 2023

Approved by OMTC# 1220148 on December 20, 2023

SECTION

Section |

Section 2

Section 3

Section 4

Section 5

Section 6

Section 7

Section 8

Section 9

Section 10

Section 11

Section 12

Section 13

Section 14

Section 15

Section 16

Section 17

Section 18

Section 19

Section 20

Section 21

Section 22

Section 23

Section 24

Section 25

Section 26

Section 27

Section 28

Section 29

Section 30

Section 31

TABLE OF CONTENTS

DESCRIPTION

Section 32

Section 33

Section 34

Section 35

Section 36

SECTION 1:

DESCRIPTION OF PROGRAM

A. Summary: This program is a Homebuyer Lease/Purchase Program and will be referred

to as the "BRM Homebuyer Lease/Purchase Program" hereafter. "There are two

distinct groups of homes to be called Blue River Meadows | (BRM I) and Blue River

Meadows II (BRM II). These properties were built at different times and at different

costs. Therefore, the terms set to purchase BRM | homes and BRM II homes will differ

according to payment amount and length of payment.” At least one of the applicants

must be an enrolled member of the Otoe-Missouria Tribe and Head of Household

("Participants"). Participants are purchasing a home in the Blue River Meadows

Addition and upon full payment of the purchase price and any other assessments the

Otoe-Missouria Tribe, Housing Department will convey the home and the real property

to the Homebuyer. Participants during the term of this program do not have and will not

accumulate any equity in the property. No Participant shall have any right to a refund of

rents upon termination by expiration of the term of the Use and Occupancy Agreement or

termination for any other reason. All applicants must be able to pay the minimum

payment and make the subsequent monthly payments until the purchase price of the

residence is satisfied and must abide by the terms of the Use and Occupancy Agreement

entered into between the parties and the Policies of the Otoe-Missouria Tribe's Housing

Department for the Blue River Meadow Addition as may be amended.

B. The location of the BRM housing development shall be considered for all purposes as a

dependent Indian Community in Indian Country within the meaning of Title 18, United

States Code, Section 1151. This program is designed to assist Otoe- Missouria

families. Generally, Homebuyers must comply with the following:

1. Be committed to executing a Use and Occupancy Lease Purchase Agreement for

the property; and have enough income to meet the minimum monthly payments and the

other financial obligations of maintaining as a homebuyer;

2. Be able to overcome the obstacles to purchase the residence and the real property in a

period of time not to exceed 138 months for BRM I units and not to exceed 153

months for a BRM II units unless extended by the parties in extreme circumstances;

and be committed to schedule the time to participate in the required group counseling

and the one-on-one counseling tailored to the individual family's needs.

3. The payments made under the Use & Occupancy Agreement Lease Purchase will

be applied to the purchase of the residence and real property. If the purchase price

is not satisfied within time period allowed by the Use & Occupancy Agreement, or as

extended by agreement of the parties, the total amount paid will be retained by the

Tribe as rent and the Homebuyer must surrender possession of the premises to the

Housing Department of the Otoe-Missouria Tribe.

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

admission of applicants into this Homebuyer Lease/Purchase Program and for

administering the requirements governing their occupancy. The Homebuyer

Lease/Purchase Program will be implemented by the Otoe-Missouria Housing

Department. Staff will conduct a reasonable and broad-based effort to solicit and

accept applications from all interested parties. After determining eligibility, a waiting

list of potential Homebuyer Lease/Purchase 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 the Blue River Meadows Addition

Division of OMHD in selecting Homebuyers.

D. Applicability of Policies: All Participants are subject to the policies of the Blue River

Meadows Addition Division of OMHD as they now exist or as they may hereafter be

revised or added by the Blue River Meadows Addition Division of OMHD.

SECTION 2:

DEFINITIONS

. "Homeownership" shall mean a certain right to possession of a residence and the specific

plot of real property located in the Blue River Meadows Addition and upon payment of the

purchase price and any other assessments, the residence and specific plot of real property

shall be conveyed to the Homebuyer.

. "Homebuyer" shall mean an Otoe-Missouria Tribal Member who has met qualifications and

executed a certain Use and Occupancy Agreement to purchase a home through the

Homebuyer Lease/Purchase Program in accordance with the time and qualifications set forth

herein.

. "Principal Residence" shall mean a full-time home residence of the Homebuyer.

. "Use and Occupancy Agreement" shall mean that certain agreement between the

Homebuyer and the Otoe-Missouria Tribe that is executed by the Otoe- Missouria Tribal

Member to reside and make the lease payments for the residence located on a specific plot of

property in Blue River Meadows Addition during the term set forth.

_ "Client Action Plan" shall mean a certain document furnished by the Blue River Meadows

Addition Division of OMHD setting forth certain requirements of the Otoe-Missouria Tribal

Member for condition of participation in the Homebuyer Program.

_ “Blue River Meadows Covenants" shall mean those certain restrictive covenants which shall

follow the land for every lot in the Blue River Meadows Addition and each transfer of such

residence shall be conveyed subject to such covenants.

G. "BRM I," shall mean the initial program consisting of the original eleven (11) homes built in

the Blue River Meadows Addition. To include the following addresses: 2001 Chuyu Place,

2002 Chuyu Place, 2003 Chuyu Place, 2004 Chuyu Place, 2005 Chuyu Place, 2006 Chuyu

Place, 2007 Chuyu Place, and 2009 Chuyu Place, 3014 Jiwere Way, 3016 Jiwere Way,

3018 Jiwere Way, 604 Santa Fe Red Rock, OK.

H. "BRM Il," shall mean the addition of the nine (9) properties built in the Blue River Meadows

Addition. To include the following addresses: 2002 Jiwere Way, 2003 Jiwere Way, 2004

Jiwere Way, 2005 Jiwere Way, 2006 Nut'achi Drive, 2007 Nut’'achi Drive, 2008 Nut’achi

Drive, 2009 Nut’achi Drive, 2008 Chuyu Place.

I. "Guest," shall mean any person who is visiting occupant for no more than fourteen (14)

days.

J. "Occupant," shall mean any person residing at the residence for more than fourteen (14)

days.

K. “Spouse,” shall mean a husband or wife, considered in relation to their partner.

SECTION 3:

COVENANTS

The following covenants apply to all programs operated in the Blue River Meadows Addition.

A. Home & Home-site Requirements & Maintenance

1. The Homebuyer is responsible for planting and maintaining a yard.

2. Each Homebuyer will be responsible to maintain and keep clean and in good repair the

exterior of their home as well as all appurtenances homebuyer structures such as

decks, steps, carports, and fences always. None of such appurtenances may be built by

Homebuyer without prior approval by the Blue River Meadows Addition Division of

OMHD.

3. Driveways, streets, and Homebuyer's home-site, including porches and decks, are

always to be kept clean and free from trash and litter. Garbage cans, gardening tools,

equipment, bicycles and other personal belongings must be stored in the Homebuyer's

carport, garage.

A. 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.

Any unallowable items left out may be removed by the Blue River Meadows Addition

Division of OMHD at the Homebuyer's expense after complying with any notice

requirements.

B. Homebuyers & Guests

1. Homebuyers shall respect the peace and quiet enjoyment of the other Homebuyers

in the Blue River Meadows Addition and see that their guests do the same. It is

always the responsibility of the Homebuyer to keep their children under control.

Neither Homebuyer, their children, guests nor any other person staying or visiting the

Homebuyer shall cause unreasonably loud or disturbing noise between the hours of 10

p.m. to 8 a.m.

2. Homebuyers are responsible for the actions of occupants of their home, as well as

guests, licensees and invitees.

3. Homebuyers shall conduct themselves and cause other persons who are on the

premises with their consent to conduct themselves in a manner which will not

disturb his/her neighbors' peaceful enjoyment of their accommodations and will be

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

Excessive alcohol abuse, partying, fighting, quarreling and any other action or activities

that interferes with or disturbs the health, safety, or right to peaceful enjoyment of

the premises by other Homebuyers are prohibited.

4. Homebuyers shall refrain from, and to cause his household and guests to refrain from

destroying, defacing, damaging, or removing any part of the home or grounds.

C. Parking Vehicles

No vehicle or equipment over 10,000 pounds gross vehicle weight can be parked

on any street of the Addition, other than for service to the Homebuyer. Inoperable

vehicles or vehicle parts may not be stored or left on a driveway, the premises or

anywhere in the Addition. Inoperable vehicles will be impounded or towed after 30

days of written notice. The expense of such removal shall be assessed against the

Homebuyer. Homebuyer parking is restricted to the Homebuyer's driveway, carport

or garage.

Vehicles may not be parked in yards. Guests may park their vehicles in a

Homebuyer's driveway, carport, or garage or other designated parking areas when

visiting a Homebuyer 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 Addition.

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

in the Addition.

D. Pets

Homebuyers and occupants shall keep no vicious animals. No more than two (2)

pets per household shall be allowed. All pets shall be confined to the yard and not

interfere with neighbors’ peaceful enjoyment.

Homebuyers and occupants shall not keep farm animals, including horses, on the

property.

Blue River Meadows Addition Division of OMHD Policies and Tribal Ordinances shall

apply as they now exist or hereafter are amended.

Homebuyers and occupants shall keep no domestic animals on or about the leased

premises without the prior, express and written consent of the Blue River Meadows

Addition Division of OMHDg There shall be a non- refundable $100 pet deposit due to

the Blue River Meadows Addition Division of OMHD.

5. All pets must be properly vaccinated for rabies and proof of said vaccinations must be

provided to the Blue River Meadows Addition Division of OMHD annually.

E. Landscaping

The Homebuyers are responsible for keeping all landscaping mowed, trimmed,

watered, and due to fire hazard, weeded and well maintained within their Horne-site. If

landscaping is not properly maintained and the height of vegetation has reached 6 inches,

the Blue River Meadows Addition Division of OMHD or the Tribe reserves the right to

perform whatever landscape maintenance may be required and charge the Homebuyer

per established policy.

Each Homebuyer shall install enough landscaping to prevent erosion and run off onto

neighboring home-sites, as well as to provide a pleasant environment.

The installation of fencing is subject to approval by the Blue River Meadows Addition

Division of OMHD. A request with enough information must be made to the Blue River

Meadows Addition Division of OMHD before a decision can be made by the Blue River

Meadows Addition Division of OMHD. 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 ina

similar design upon Blue River Meadows Addition Division of OMHD approval.Barbed

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

F. Utilities

Payment for electrical, telephone, cable TV, natural gas, propane and kerosene shall be

the responsibility of each Homebuyer. Failure to maintain utilities due to failure to pay

may result in termination of the Use & Occupancy Agreement.

Water and sewer will be paid by the Homebuyer including any deposits. Garbage will

be paid by OMHD for the first trash receptacle any additional receptacles must be paid

by Homebuyer.

If the Homebuyer fails to remove trash on a regular basis, arrangements will be made to

have the trash picked up at the Homebuyer's expense.

4. Each Homebuyer shall be responsible for ensuring that there are no obstructions to

access to any water meter, water shut off valve, sewer clean-out,

electrical/telephone/cable TV pedestal which may be located on their Home-site.

G. Unlawful Conduct

The Homebuyer/Occupants and Guests are prohibited from using, causing to be used or

allowing to be used any part of said premises for any unlawful conduct or purposes. All

unlawful conduct is prohibited and may result in eviction and termination of the Use &

Occupancy Agreement.

H. Prohibited Conduct

Prohibited Conduct includes but is not limited to:

1. The improper use of firearms, pellet, or BB gun, bowie knives, daggers, or other

dangerous or deadly instruments, bona fide law enforcement officers are excepted.

2. Disturbing the peace of the Addition community or disturbing and/or harassing other

Addition Homebuyers.

3. Engaging in domestic violence or any felony criminal behavior.

4. Being intoxicated in public.

5. Destroying, Defacing, disturbing or interfering with any use of any structure, unit, building,

or other property (real or personal) of the Housing Department or any other Homebuyer.

6. Any behavior that threatens the health, safety and/or welfare of other Homebuyers.

7. Homebuyer or any person that has been permitted to be on the premises, possess,

consumes, manufactures, or distributes, any illegal drug, or drug paraphernalia or any

other illegal substance.

SECTION 4:

APPLICATION

All enrolled members of the Otoe-Missouria 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 selection for the Homebuyer

Lease/Purchase Program is limited to applicants who are enrolled members of the Otoe-

Missouria Tribe.

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

The application forms 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 Blue River Meadows Addition Division of OMHD requirements and

the requirements of any other funding entity that are applicable at the time of admission.

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

Director for clarification purposes. The minimum application forms generally required by the

Blue River Meadows Addition Division of OMHD include, but are not limited to the following:

1. Homebuyer Counseling Agreement

Goal Statement

Budget Worksheets

Applicable Verifications

Client Action Plan

Applicable Consents to Release Information

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The Applicant shall disclose any intended use of medical marijuana products in the unit.

The Applicant shall provide a complete copy of the Medical Marijuana License that is

issued by the Oklahoma Department of Health for all members of the Applicants

household that will be occupying the unit and intend to use medical marijuana while

present in said unit.

. Application Process: The Applicant Homebuyer must submit a full and complete

application, including authorizations and evidence of prior attendance in Housing

Counseling and Homebuyer Education classes and sessions before they can be

determined eligible or placed on a waiting list.

1. In order to be considered for occupancy in any housing program offered by the Blue

River Meadows Addition Division of OMHD, a written (legible) application must be

completed in consultation with a Blue River Meadows Addition Division of OMHD

staff member.

2. The staff member receiving an application must note the date and time when the

application was received.

3. After reviewing the completed application data, the Lease purchase specialist will

submit the file to the Director for approval or denial to be placed on the waiting list.

4. Once the application is complete and eligibility has been determined, the applicant

data will be entered onto the Waiting List.

5. In the event of a rejection, the staff will notify the applicant in writing (certified mail

return receipt requested) of the basis of the determination and the right to appeal the

decision in accordance with the Grievance Policy.

6. The Lease purchase specialist will prepare a letter notifying the applicant of the

resultant placement on the Waiting List.

7. The Waiting Lists will be updated to the greatest extent feasible on a bi- weekly

basis; however, a minimum of a monthly update is required. The Lease purchase

specialist will provide the Waiting Lists on a monthly basis to the Director for

inclusion in the report to the Board at the next regularly scheduled meeting.

8. Waiting Lists are maintained at the Blue River Meadows Addition Division at the

Housing Department office and are available upon request.

. Charges: There is no application fee for Blue River Meadows Addition Division of OMHD

program assistance.

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

requirements:

1. All official notices must be in writing and signed by a Lease purchase specialist with

a copy to the Director

2. All verbal communications are to be documented in the applicant file, indicating

date, time, content, and disposition.

3. Allwritten communications ormajor inquiries from an applicant are to receive a written

response within 5 working days from the date of receipt.

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

5. All appointments are to be confirmed in writing.

6. All phone reminders of appointments are to be documented in the applicant file, indicating

date, time, content, and disposition.

E. Waiting List: will be updated to the greatest extent feasible on a bimonthly basis; however,

a minimum of a monthly update is required.

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

be removed and placed in the inactive file. Applicants on the waiting list will be notified

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

specified time period. The efforts to notify the applicant must be noted on the Waiting List by

date.

2. Yearly updates by applicants will be noted on the Waiting Lists by date. Applicants who

fail to respond to the request to update their applications will be removed from the Waiting

List and transferred to the Inactive File.

F. Reporting Requirement: A summary of the Waiting List must be prepared and submitted

to the Director on a monthly basis and provided to the Housing Board at the next regular

scheduled meeting.

SECTION 5:

APPLICANT FILES

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

B. Eile Management: 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.

. lnactive File: Applicants who are determined to be ineligible for whatever reason are placed

in the Inactive File, organized alphabetically by fiscal year. Inactive files will be set up ina

data base indicating the name, bedroom size, income, and date.

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

where the option to lease is not successfully exercised are retained for 3 years after move-

out. In the event of a lease interest, the files will be retained for the length of the lease.

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

when treated as follows:

1. Determination of ineligibility.

2. An applicant will be offered 1 home as they are next in line on the waiting list. Only a

maximum of 15 days will be allowed for an applicant to accept or reject an offer on this

home. When an applicant refuses the home, they will be ineligible for a period of 1 year

from the date of refusal. If the applicant chooses to apply again, they may choose so

after the 1-year mark and will go through the same process as before.

. Waiting Lists. Applicants can select BRM | property or BRM II property if available.

Applicant rejection of BRM | when desiring BRM Il will not eliminate Applicant from waitlist nor

will Applicant rejection of BRM II when desiring BRM eliminate applicant from the waitlist.

Applicant will remain on the waitlist from the completed application date.

. Confidentiality: Information contained in the Blue River Meadows Addition Division of

OMHD 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 Blue River Meadows Addition Division of OMHD staff.

SECTION 6:

ELIGIBILITY

The following eligibility requirements must be met at a minimum priorto persons being

considered for the Lease Purchase Program.

A. Only those persons who are enrolled as members of the Otoe-Missouria Tribe may

purchase tribally owned land for Homebuyer purposes. Non-Indian and non- member

spouse may join in the application process and have their income considered.

B. The applicant must use the home as their principal residence.

C. The applicant family must have enough income to meet and maintain the minimum

payments. A Homebuyer applicant's family income must be high enough to afford the

minimum monthly house payment and the applicant's family income must demonstrate,

through a detailed client action plan, the family will be able to perform the terms of the Use &

Occupancy Agreement.

D. Employment Stability: For an applicant to be financially eligible for the Homebuyer

Lease/Purchase Program, they must have at least two years stable income and demonstrate

the ability to maintain at least their present level of income. This will be verified by staff and

may be satisfied by a written statement from the applicant's employer. Ifit is not feasible to

determine income potential from an employer, this verification may come from copies of the

applicant's income tax returns for the last three years prior to the application date. The

applicant must sign an IRS Form 4056, authorizing the IRS to release the information to

the Blue River Meadows Addition Division of OMHD. These income tax returns will be kept

on file and new ones will be submitted each year thereafter until the option is exercised.

E. Ability to Enter Into an Agreement: In order to be eligible for admission to the

Homebuyer Lease/Purchase Program, the applicant must be at least 21 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 the housing counseling and education

requirements.

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

history. The following will be required at a minimum.

1. Use and maintenance history will be documented by one or both sources:

a. Landlord references from the previous 5 years.

b. Police/Court record check.

If negative reference on either the credit or use/maintenance history are 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.

G. Habits & Practices: An applicant must be of good character and 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.

H. Social Security Numbers: To be eligible, the families must disclose and verify social

security number for all family members.

|. Privacy Act Statement; Participants must sign the Privacy Act Statement. Eligibility for

admission will be denied for failure to comply with the Privacy Act requirement.

J. Previous Assistance from Other Housing Programs: Participants in other housing

department 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

Homebuyer Lease/Purchase Program.

K. Previously Assisted Blue River Meadows Addition Division of OMHD Homebuyer: No

applicant or applicant's household member who has an outstanding debt to the Blue River

Meadows Addition Division of OMHD or whose participation was terminated by the Blue

River Meadows Addition Division of OMHD will be eligible for assistance until the following

conditions are satisfied:

1. Voluntary Terminations: Any outstanding debt from an applicant or an applicant's

household member must be paid in full prior to consideration.

2. Involuntary Terminations: Any applicant whose assistance was terminated by the Blue

River Meadows Addition Division of OMHD or who was evicted for nonpayment will not

be considered eligible for a period of one (1) year from date of full payment and

verification from a landlord who verifies that the applicant had a satisfactory payment

history

SECTION 7:

BASIS FOR INELIGIBILITY

The reasons for a determination of ineligibility are based on Blue River Meadows Addition

Division of OMHD policies and other applicable program regulations. Although an applicant

may meet the basic criteria for eligibility, any one of several 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.

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

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

determination of ineligibility.

1. Failing to repay previous debts owed to any housing entity.

2. Conviction of fraud or a crime of moral turpitude.

3. Prior conviction of crime(s) of a sexual nature, and/or being required to register as a sex

offender.

4. Conviction of any drug related offense. Applicant or household member will be

permanently denied for program participation and occupancy if they have any of the

following criminal history findings: registered sex offender status, rape, or felony child

abuse. Applicant or Household member will be denied for program and occupancy if

they have any of the following criminal history findings within the previous 20 years of

their application date: felony drug distribution, felony production or manufacturing of

illegal drugs, felony drug possession or neglect, homicide or manslaughter, felony

assault and battery related charge, felony domestic violence, or two (2) or more

incidents that threaten the health of safety of other Homebuyers and employees.

5. Conviction for Domestic Violence or any other violent felony in last 20- years

previous to application date.

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

information.

7. The applicant family does not meet the income requirements.

8. Lack of verifiable information

9. The applicant family has a record of unsatisfactory performance in meeting past financial

obligations.

10. Blue River Meadows Addition Division of OMHD records indicate that the applicant

family has an outstanding balance owed to the Blue River Meadows Addition Division of

OMHD or to the OMHD. —

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. The applicant family has a pattern of violent behavior. This includes evidence of

repeated acts of violence on the part of a member of the family or a pattern of conduct

constituting danger to peaceful relationships with neighbors.

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

or social environment and/or safety and security 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 lease violations.

SECTION 8:

VERIFICATION

A. Verification of Annual Income: Anticipated annual family income for admission will be

determined by staff based on verification of income at the time of initial application, unless

otherwise stated in the program policy or regulations. To remain on the waiting list,

applicants must inform staff in writing of any changes in income, as they occur. 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 by certified

mail 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.

B. 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 doa

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 days and must be

recertified 30 days prior to occupancy.

C. 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.

D. 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

Homebuyer's folder. The summary is to cover at least the following determinations and the

basis for such determinations:

1. Family Status;

Otoe-Missouria Enrollment;

Eligibility;

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Counseling requirements/Client Action Plan;

SECTION 9:

SELECTION OF FAMILIES FOR

A BLUE RIVER MEADOWS ADDITION RESIDENCE.

A. Selection includes a three-step process.

1. An application is completed by an interested Applicant.

2. Once eligibility and qualification requirements have been met, applicants are placed on

a waiting list according to established preferences.

3. Selections from the preference list will be made according to eligible applicants on a

first in time basis. Eligibility at the time of selection: The applicant must be an enrolled

member of the Otoe-Missouria Tribe, meet the other eligibility requirements as stated

herein.

B. Qualifications: In order to qualify for the Lease Purchase Program applicants must be

eligible, shall execute and participate in completing a Client Action Plan (CAP), and meet

all qualifications. The factors to be used in making this determination include but are not

limited to household income, employment, character, and ability to afford the regular

monthly payments and meet all other obligations of home ownership.

SECTION 10:

EXISTING HOMEBUYERS

A. All Homebuyers who are currently present in a Blue River Meadows Home and have signed

into a previous Home Purchase Agreement, shall be required to enter into a new

Homebuyer Use and Occupancy Agreement in compliance with this Policy.

1. Upon signing the new lease agreement, the previous purchase agreement shall become

null and void.

The existing Homebuyer shall be given credit for the amounts paid under the previous

Purchase Agreements however the time period for the purchase of the home estate

shall start at the time the previous Purchase Agreement was entered into by the

Homebuyer.

In the event the Existing Homebuyer is delinquent in any payments under the previous

Purchase Agreement, he/she shall be required to enter into a Pay Back Agreement with

OMHD which will require the Existing Homebuyer to pay an additional amount along

with his/her regular monthly payment. The Pay Back Agreement shall require the

delinquent Existing Homebuyer to pay the entire purchase price within the 138-month

purchase period for BRM I.

SECTION 11:

PURCHASE OF HOME, RENT & OTHER PAYMENTS

This section describes the payments required in order to purchase the Home and Real

Property.

. All Homebuyers who are present in a Blue River Meadows Home and have signed

into a previous Lease Purchase Agreement, shall be required to enter into a new

Homebuyer Purchase Use and Occupancy Agreement in compliance with this

Policy.

The previous Purchase Agreement shall become null and void. All previous

Purchase Agreements have expired.

. The existing Homebuyer shall be given credit for the amounts paid under the

previous Purchase Agreement however the time period for the purchase of the

Home shall start at the time the previous Purchase Agreement was entered into.

In the event the Existing Homebuyer is delinquent in any payments under the

previous Purchase Agreement, he/she shall be required to enter into a Pay Back

Agreement with OMHD which will require the Existing Homebuyer to pay the

entire purchase price within the 138- month purchase period and a 153-month

purchase period for BRM II. Said period starting when the prior Purchase

Agreement was entered into by the Homebuyer.

B. Monthly Payments: Monthly payments shall be $550.00 per month for BRM | and

$750.00 per month for BRM II payable to Blue River Meadows Addition Division of

OMHD in accordance with the Use and Occupancy Agreement.

C. Late Payments: If the required rental payment is not received by close of business on

the 15th day of the month, Blue River Meadows Addition Division

of OMHD staff will issue a Delinquency Notice, sent by regular mail, and a $10 fee will be

added to the amount due to cover the costs of preparation and mailing of the delinquency

notice. Continued delinquencies will be assessed charges in accordance with the Blue River

Meadows Addition Division of OMHD Collection and Eviction Policy.

D. Application of Payments: Payments made as will be applied at the Blue River Meadows

Addition Division of OMHD Discretion to any outstanding balances which may include rent,

or any other balances owed.

E. Partial Payments Conditions: The Blue River Meadows Addition Division of OMHD retains

the right to accept partial payments after a delinquency notice or termination notice has

been issued. Blue River Meadows Addition Division of OMHD's acceptance of any such

partial payments does not constitute a waiver of Blue River Meadows Addition Division of

OMHD's rights under any such notice.

F, Payments by Payroll Deduction: A Homebuyer who is an employee of the Tribe or a Tribal

Enterprise may choose to have his/her Lease payment deducted from his/her payroll. The

Employee shall prepare the necessary form with the Human Relations Department of

his/her employer to initiate said deductions.

G. Pay Back Agreement for Delinquent Homebuyers: If a Homebuyer becomes delinquent in

his/her payments required pursuant to the terms of the Purchase Agreement, the

Homebuyer shall be required to enter a "Pay Back," Agreement with the OMHD. The Pay

Back Agreement will require the Homebuyer to make payments of an additional amount

along with his/her regular payment until the arrearage is satisfied. Said Pay Back Agreement

shall require the payment of all past due amounts to be satisfied within the 138-month

purchase period for BRM I homes and 153-month period for BRM Il homes.

1. Inmost circumstances, the Pay Back Agreement shall require the payment of all past

due amounts to be satisfied within the 138-month period for BRM | and 153-month

period for BRM IL.

2. Ifthe Homebuyer is unable to pay the additional amount then a special ONE-TIME

extension to the term may be offered to the homebuyer for the time needed to pay

back the Homebuyer Purchase with payment of $550.00 per month for BRM | and

$750.00 per month for BRM II.

. Notice of Payback Agreement Delinquency: When a Homebuyer becomes delinquent with

a payment, a first notice of delinquency shall be sent before the fifteenth (15) day of the

month in which the payback payment is due and shall state the following:

The date of the notice.

The date the payback monthly payment was due; and

The amount of the delinquent payment; and

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If paymentis not received by the end of the month a NOTICE of TERMINATION will

be sent.

. Notice of Termination: If the payback installment amount as stated in the payback

agreement is not paid on or before the fifth (5) day of the following month when the

payment became due and owing, the Department shall issue a Notice to Termination of

Lease. Housing Director will terminate Homebuyer's lease and notify Homebuyer in writing

of termination and request Homebuyer to vacate the unit and premises within ten (10)

calendar days.

. Commencement of Eviction and Civil Money Judgement: If the Homebuyer does not vacate

the unit within ten (10) days of receipt of the Notice to Terminate, the Department shall

commence termination and eviction procedures in a court of competent jurisdiction to have

the Homebuyer and all occupants removed from property and court-ordered money

judgement for past-due lease debt.

. Enforcement Subsequent to Court Action: Repayment of delinquent amounts after court

order shall be in full.

1. The Department may collect judgement debts from previous or current Homebuyer

Lessee(s) by any lawful means, including but not limited to: garnishment of wages,

financial accounts, and/or per capita payments; and/or liens upon any real property

owned by the Judgement debtor.

a. Should written arrangements or payback agreement and the provisions thereof be

breached, the account may be referred to an attorney without further notice or action by

OMHD.

SECTION 12:

OCCUPANCY

. Use of the Home:

1. The homebuyer and the Blue River Meadows Addition Division of OMHD are jointly

responsible to the Tribe and future generations for ensuring that homes are used

properly and are well maintained.

2. Itis the responsibility of each homebuyer to take pride in their home by keeping it and

the grounds ina decent, safe and sanitary condition always.

3. Homebuyers are responsible for all home repairs and are expected to perform

necessary maintenance in a timely manner.

4. Instances of serious abuse or misuse of a home by a homebuyer and/or occupant, or

failure by the homebuyer 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.

B. Home Business Use: A Homebuyer must request prior written approval from the Housing

Board to operate a small home business in their unit. Homebuyers and all occupants are

prohibited from using the home as a marijuana grow site.

SECTION 13:

SECURITY, DAMAGE AND CLEANING DEPOSIT

A. Condition of Premises: Participants in the Blue River Meadows Addition Homebuyer

Lease/Purchase Program must stipulate in writing 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 tenable condition, and

Homebuyer 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.

B. Deposit: Participants are required to provide a deposit of Five Hundred Dollars ($500.00) for

BRM I and Seven Hundred Dollars ($700.00) for BRM II as a security, damage and

cleaning deposit. Deposit is to be paid in full prior to move-in. Payback arrangements are

not permitted. Release of said deposit is subject to the following terms and conditions:

1. Atthe expiration of the term of the Use & Occupancy Agreement or other termination,

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:

2. 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;

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

4. All keys are returned (Rental charges will continue until all keys are returned ora written,

signed letter from the Homebuyer stating that the keys are lost is received at the Blue River

Meadows Addition Division office);

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

6. Forwarding address is left with Blue River Meadows Addition Division;

7. 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 Head of Household signing

the Use & Occupancy Agreement as the Homebuyer, and mailed to the forwarding

address.

SECTION 14:

CLIENT ACTION PLAN & HOUSING COUNSELING

. Completion of Required Actions: All Homebuyers and each occupant of the premises will

complete all "Required Actions" as described in the Client Action Plan (CAP), which shall

become a part of the Use & Occupancy Agreement. The Homeowners must agree that alll

actions will be completed in a period not to exceed 138 months for BRM I and 153 months

for BRM II from the effective date of the Use & Occupancy Agreement.

. Condition of Participation: As a condition of participation in the Blue River Meadows

Addition Division of OMHD housing programs the Homebuyer will attend and satisfactorily

complete Housing Education/Counseling provided by

the Blue River Meadows Addition Division in accordance with the Blue River Meadows

Addition Division of OMHD Housing Counseling Policy.

. One-on-One Housing Counseling: If Blue River Meadows Addition Division of OMHD deems

it advisable or necessary, the Homebuyer shall 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 Homebuyer

Lease/Purchase Program.

SECTION 15:

MOVE-IN PROCESS

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

the Program by a Lease purchase specialist and the Homebuyer to verify the unit is in

standard condition and is ready for occupancy. The Move-in Inspection provides the

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

Inspection process. A comparison of both inspections forms the basis for determining

whether the unit is in the same condition as it was when it was first rented.

. Documentation Requirements: A Blue River Meadows Addition Division of OMHD Move-In

Inspection Form must be used to document the move-in process. The Homebuyer must

sign and date the Move-In Inspection Form to verify the Homebuyer's acceptance of

occupancy and the condition of the premises. The Lease purchase specialist must also sign

the Move-In Inspection form. Minor deficiencies that are readily repairable must be noted and a

work order issued to make the repairs at the Blue River Meadows Addition Division of

OMHD expense. Any major deficiency must be corrected before occupancy can be

permitted.

. Punch list Items: Minor deficiencies that are readily repairable must be noted and a work

order issued to make the repairs. The Homebuyer is not responsible for any charges

related to the repair of noted punch list items. Any major deficiency must be corrected

before occupancy can be permitted.

. Warranty Period : The Blue River Meadows Addition Division of Blue River Meadows

Addition Division of OMHD has a one-year warranty period for items which have been

replaced or required major repair by the Blue River Meadows Addition Division of Blue

River Meadows Addition Division of OMHD prior to the move-in of the Homebuyer.

These costs are not charged to the Homebuyer; however, any additional items reported

during the warranty period which are not deemed a warranty item are items for which the

Homebuyer is responsible for the expense of repair or replacement. The one-year

warranty period commences on the date of the Move-In Inspection documenting

acceptance of occupancy.

. 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 Homebuyer.

Originals are to be provided to program participants. The Blue River Meadows Addition

Division of OMHD maintenance staff is to maintain this information in the

Lease/Purchase Program file until a Homebuyer terminates or purchases the unit.

. Participant Responsibility: The Homebuyer is responsible for contacting the supplier or

manufacturer directly when the Homebuyer experiences problems with any of the items

for which a warranty certificate has been provided. Participants are to be advised that the

warranted certificate items do not include the cost for a service call and for the labor cost for

repairs unless it is specifically noted in the warranty. Maintenance staff should provide the

Homebuyer with assistance in understanding maintenance obligations.

SECTION 16:

MOVE-OUT PROCESS

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

homebuyer vacating the premises. 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 provides the basis for determining whether the unit is

in the same condition as it was when it was first rented except for normal wear and tear.

. Documentation Requirements: A Blue River Meadows Addition Division of OMHD Move-

Out Checklist and an Inspection Form must be used to document the move-out process. The

homebuyer must sign and date the Move-Out Inspection Form to verify any

homebuyer/occupant damage, document any needed routine repairs, etc. The Housing

staff must also sign the Move-Out Inspection form. Deficiencies and an estimate of all costs

are noted. A work order is issued to make the repairs.

. Punch List tems: Minor deficiencies that are readily repairable must be noted and a work

order issued to make the repairs. The participant is not responsible for any charges related

to the repair of noted punch list items. Any major deficiency must be corrected before

occupancy can be permitted.

. Procedure Outline: The Director shall prepare and implement procedures to ensure a

smocth transition from the move-out process to the move-in process. Below is an outline of

essential procedures which may be amended by the Director as needed,

Move out checklist prepared and distributed.

Work Order prepared.

Move out inspection completed within 24 hours.

Maintenance Department changes locks.

Cost estimate prepared.

Cost estimate reviewed and approved.

Order appraisal if applicable.

Schedule.

oP NO OF ON

Inspect and prepare punch list.

10. Conduct final inspection.

11.Complete processing and forward applicable information to appropriate

departments/staff and document approvals.

12.Process for billing.

SECTION 17:

MAINTENANCE AND REPAIR

. Responsibility: The Homebuyer shall, at his/her sole expense, keep and maintain the

leased premises, including the grounds, buildings, improvements and appliances in good

order, good repair, safe and clean and sanitary. The Homebuyer shall make all necessary

repairs, alterations and improvements to the dwelling with reasonable promptness at his/her

own cost and expense, including repairs and replacements necessitated by damage from

any cause. The Blue River Meadows Addition Division of OMHD shall not be obligated to

pay for or to provide any maintenance of the home other than the correction of warranty

items for Blue River Meadows Addition Division of OMHD workmanship reported during the

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

checking air filters, look for leaks around toilets and sinks, inspect grout and caulking,

checking kitchen and vent hood filters and testing smoke and carbon-monoxide detectors.

The Homebuyer is responsible for the supplies to replace and fix the above-mentioned

maintenance.

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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.