Port Gamble S’Klallam Housing Authority

Tribal code

Ask Donna

What actually matters in this document.

Text

Eligibility, Admission & Occupancy Policies & Procedures

Policy Statement

The Board of Commissioners (Board) of the Port Gamble S’Klallam Housing Authority (PGSHA)

recognizes the need to set forth the approach for determining eligibility and admission to housing

owned and operated by the PGSHA along with selection criteria for other affordable housing programs

the PGSHA may administer. The Board also recognizes the need to establish occupancy standards for

housing units owned, operated, or managed by the PGSHA.

All of the procedures regarding eligibility, admission and occupancy are to be in compliance with Title II

of the Native American Housing and Self-Determination Act (NAHASDA) and the Final Rule (24 CFR

1000) implementing NAHASDA along with any other Federal, state, or tribal laws or regulations

applicable to any other PGSHA housing assistance programs including the State of Washington’s

Housing Trust Fund and Low-Income Housing Tax Credit programs. This policy and procedures are

intended to be fair and equitable to all applicants and residents participating in PGSHA’s housing

assistance programs.

a. Eligibility

1. Fairness and non-discrimination

Eligibility for programs and admission to units operated by the PGSHA shall be fair at all

times and in all respects. The Board of Commissioners and PGSHA employees shall be fair

and impartial in selecting people to participate in PGSHA’s housing assistance programs.

They are prohibited from making determinations based in whole or in part on family ties,

political views, or personal bias.

ii. Pursuant to the NAHASDA law and regulations, the PGSHA will comply with the following

nondiscrimination requirements, as applicable:

A. The Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) and HUD’s implementing

regulations in 24 CFR part 146

B. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and HUD’s implementing

regulations at 24 CFR part 8.

C. The Indian Civil Rights Act (Title II of the Civil Rights Act of 1968; 25 U.S.C. 1301-1303).

iii. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 200d-200d-4), which prohibits

discrimination in federally assisted programs, and Title VIII of the Civil Rights Act of 1968, as

amended (42 U.S.C. §§ 3601 et seq.), do not apply to PGSHA, and PGSHA’s restriction in

favor of Indian families is not a violation of any provision of either Title VI or Title VIII.

iv. The equal access to HUD-assisted or insured housing requirements in 24 CFR 5.105(a)(2) are

applicable requiring that PGSHA’s eligibility for housing assistance programs and housing be

Eligibility, Admissions, Occupancy Policy, Approved by Motion 7.21.23

Updated 11.30.23; Updated 4.15.24; Updated 5.23.24; Updated 3.28.25, Updated 10.23.25, Updated 12.1.25

made available without regard to actual or perceived sexual orientation, gender identity, or

marital status.

2. Application

All applications for admission to PGSHA housing assistance programs shall be in writing on a

form provided by the PGSHA which shall include, at a minimum, the date of application,

name and contact information for the applicant and the name of the program(s) in which

the applicant seeks to participate.

ii. The PGSHA staff member receiving the application shall sign and date the application when

it is received at the PGSHA offices.

iii. Applications for programs that demand exceeds anticipated availability will be screened for

apparent eligibility. Once apparent eligibility has been determined, the applicant will be

placed on the appropriate waiting list.

iv. Application files will be placed in one of four categories:

A. Eligible: This category contains files of applications that have met apparent eligibility

requirements and have been placed on the appropriate waiting list.

B. Ineligible: This category contains files of applications that have not met the apparent

eligibility requirements and have been determined to be ineligible for PGSHA programs.

C. Incomplete/Pending: This category contains files of applications that have not been

sufficiently completed or verified for a determination of eligibility to be made.

Applicants submitting an incomplete application shall be notified by PGSHA and be given

45 days to submit the missing information. If the information is not submitted in a

timely manner, the application shall be placed in an inactive file.

D. Inactive: This category contains files of applications that have not been updated within

12 months and incomplete applications which are not corrected in a timely manner.

v. Applicants are required to update their applications at least annually to remain on the

waiting lists. This is the responsibility of the applicant and not the PGSHA. If an applicant

fails to update their application by the anniversary date of their original application date,

the applicant will be removed from the waiting list and their application placed in an

‘inactive file’. If an applicant is placed in an ‘inactive file’, the applicant will be required to

submit a new application for housing assistance.

3. Eligibility Criteria

To be eligible for housing assistance programs operated by PGSHA, an applicant must meet

the following requirements:

A. Qualify as a family.

B. Meet the low-income requirements.

Eligibility, Admissions, Occupancy Policy, Approved by Motion 7.21.23

Updated 11.30.23; Updated 4.15.24; Updated 5.23.24; Updated 3.28.25, Updated 10.23.25, Updated 12.1.25

C. Demonstrate that they are willing and able to meet the obligations of participating in

the program and that they have a minimum monthly income to meet the current year

utility allowance per month, per applicable bedroom size, annualized.

D. If an applicant or a member of the applicant’s household listed on the application is

registered under the Sex Offender laws in the State of Washington or the tribe’s Law

Enforcement Code, the applicant will be determined ineligible.

E. The Executive Director or Assistant Director may determine an applicant to be ineligible

if the applicant has any history of criminal activity involving violent criminal activity or

other criminal acts which would be damaging to the health, safety or welfare of their

own family or other residents in the last 7 years.

F. Applicants who have an outstanding debt to PGSHA may still be eligible to apply for

programs or services IF the applicant establishes a payment plan with Housing and has

made at least three payments at the time of application. Payments must continue

toward the balance owed during the waiting period for programs or services. IF the

applicant is found eligible for programs or services, failure to continue payments will

result in immediate termination from said Housing programs or services.

G. Any applicant or a member of the applicant’s household who previously leased from the

PGSHA that had excess damages, as determined by the PGSHA, any dollar amount over

$1,000.00 in repair charges, excluding cleaning and painting, or whose contract was

terminated for criminal activity, or whose rental lease agreement was terminated for

lease violations, will be ineligible for housing assistance programs operated by the

PGSHA for a period of not less than seven years after all activity has been charged to the

account. In any event the applicant must have paid the amount owed, even after the

seven (7) year period, to be eligible for any PGSHA housing assistance programs. The

PGSHA, with Board approval, shall have the right to permanently bar an applicant or

extend the time period due to the nature of damages or reason for termination for the

above actions. Applicants will have the right of appeal to the Board of any actions

barring them permanently from the program.

4. Apparent Eligibility Criteria

Qualify as a family.

ii. If an applicant or member of the applicant’s household listed on the application is

registered under the Sex Offender laws in the State of Washington or the tribe’s Law

Enforcement Code, the applicant will be determined ineligible.

iii. Applicants who have an outstanding debt to PGSHA may still be eligible to apply for

programs or services IF the applicant establishes a payment plan with Housing and has

made at least three payments at the time of application. Payments must continue toward

the balance owed during the waiting period for programs or services. IF the applicant is

found eligible for programs or services, failure to continue payments will result in

immediate termination from said Housing programs or services.

Eligibility, Admissions, Occupancy Policy, Approved by Motion 7.21.23

Updated 11.30.23; Updated 4.15.24; Updated 5.23.24; Updated 3.28.25, Updated 10.23.25, Updated 12.1.25

iv. Any applicant or a member of the applicant’s household who previously leased from the

PGSHA that had excess damages, as determined by the PGSHA, any dollar amount over

$1,000.00 in repair charges, excluding cleaning and painting, or whose contract was

terminated for criminal activity, or whose rental lease agreement was terminated for lease

violations, will be ineligible for housing assistance programs operated by the PGSHA for a

period of not less than seven years after all activity has been charged to the account.

5. Verification of Eligibility

The PGSHA shall verify information provided by applicants through employers or other

appropriate means.

ii. Applicants shall sign a release of information form allowing the PGSHA to verify any and all

information required to participate in any PGSHA housing assistance program.

iii. False, fraudulent, or misleading applications, or refusal of an applicant to allow the PGSHA

to obtain the necessary information, will prevent the applicant from being eligible to

participate in a housing assistance program until such time as the necessary documentation

is provided.

iv. It is the responsibility of the applicant to notify the PGSHA if any of the information on the

original application changes, including changes in family status and change of address. If the

applicant does not update his/her application when there is change of address, it will not be

the PGSHA’s responsibility to locate the applicant if the applicant does not respond to any

correspondence sent to the applicant to the address listed on the application. If the

applicant does not respond within the time frame stated in any correspondence, his/her

application will be removed from the waiting list.

v. The PGSHA, in accordance with NAHASDA and 24 CFR 1000.150, may obtain criminal

records. The PGSHA may request from the National Crime Information Center, police

departments, and other law enforcement agencies criminal conviction information. PGSHA

shall use the criminal conviction information only for determining applicant eligibility, lease

enforcement, and eviction actions. The information may be disclosed only to any person

who has a job-related need for the information and who is an authorized employee, or

representative of the PGSHA. The PGSHA will keep all the criminal conviction record

information it receives from law enforcement agencies in files separate from all other

housing records. The criminal convictions records may only be accessed with the written

permission of the PGSHA’s Executive Director or Assistant Director and are only to be used

for the purposes stated above. Criminal conviction information may be obtained on all adult

members of a household who are selected for a housing unit prior to move-in.

vi. Applicants are responsible for providing proof of tribal membership if they wish to have

tribal or Indian preference in the selection process. Tribal membership must be verified by

submitting enrollment verification or a Tribal Enrollment Card.

6. Non low-income families

Eligibility, Admissions, Occupancy Policy, Approved by Motion 7.21.23

Updated 11.30.23; Updated 4.15.24; Updated 5.23.24; Updated 3.28.25, Updated 10.23.25, Updated 12.1.25

Pursuant to the conditions outlined in 24 CFR 1000.110, the PGSHA may provide assistance

to non-low-income families if there are no eligible low-income families on the PGSHA

Waiting List.

7. Non-Indian families

The PGSHA may provide housing or housing assistance to a non-Indian family if the Board

determines that the presence of the family is essential to the well-being of Indian families

and the need for housing for the family cannot reasonably be met without such assistance.

ii. The determination shall be made by written resolution of the Board before the family may

be determined to be eligible.

8. Law Enforcement Officers

The PGSHA may provide rental housing or housing assistance for a law enforcement officer,

if:

A. The officer:

(a) Is employed on a full-time basis by the federal government or a state, county, or

other unit of local government, or lawfully recognized tribal government; and

(b) In implementing such full-time employment, is sworn to uphold, and make arrests

for, violations of federal, state, county, or tribal law; and

B. The Executive Director or Assistant Director may designate housing units to be rented to

law enforcement officers if the Executive Director or Assistant Director determines that

the presence of the law enforcement officer may deter crime.

C. The monthly rent for law enforcement officers shall be determined by the Executive

Director or Assistant Director.

9. Notification of Eligibility or Ineligibility

The designated PGSHA Resident Services Specialist shall promptly notify all applicants who

are determined not to be eligible for a program in writing. The notice shall contain a brief

description of the reason(s) they were determined to be ineligible and explain his/her right

to request, within seven (7) business days from the date of the notice, an informal hearing

on the determination of ineligibility.

ii. The designated PGSHA Resident Services Specialist shall promptly notify in writing

applicants who have been determined eligible.

b. Admissions

1. Written Waiting List

Eligibility, Admissions, Occupancy Policy, Approved by Motion 7.21.23

Updated 11.30.23; Updated 4.15.24; Updated 5.23.24; Updated 3.28.25, Updated 10.23.25, Updated 12.1.25

When demand for a particular program exceeds anticipated availability, applicants

determined to be apparently eligible shall be placed on a written waiting list to be

maintained by the designated Resident Services Specialist.

ii. Separate waiting lists shall be maintained for each housing assistance program the PGSHA

has available, if applicable.

iii. Waiting Lists shall be maintained for each size of home the PGSHA owns or manages based

on the number of bedrooms. The PGSHA may make exceptions due to unusual

circumstances such as the age and sex of children, potential changes in family composition

and availability of unit sizes. The following table shall be used as a guide to determine the

size of home a family is eligible for based on the number of persons in the family.

Number of Bedrooms in Unit

Number of Persons in Family

1 bedroom

2 bedroom

3 bedroom

4 bedroom

1-3

2-5

3-7

4-9

iv. All apparently eligible applicants shall be placed on the appropriate waiting list in

descending order, first based on the date the completed application was received by the

PGSHA, and secondly in accordance with the PGSHA Admissions Preference Policy.

v. Once placed on a waiting list, the Head of Household cannot be changed to another

household member.

vi. A separate waiting list shall be maintained for identified elder units. Disabled elderly

families shall have preference and be placed on the waiting list before elderly families who

aren’t disabled families.

vii. Waiting list placement does not guarantee admission. Eligibility screening must be

completed, and the applicant found eligible upon occupancy.

viii. PGSHA’s rental assistance programs is limited to enrolled members of the PGST.

ix. PGSHA’s down payment assistance program is limited to households where the head

household or spouse is an enrolled member of the PGST.

x. The Waiting Lists shall be posted in the PGSHA office.

2. Selections

When an assisted unit is available for occupancy, the selection of apparently eligible

applicants from a Waiting List shall be made by a designated Resident Services Specialist.

ii. When selecting applicants from the waiting list, PGSHA will match the criteria of the

available unit (unit size, accessibility features, unit set-aside requirements, income

requirements) to the needs of applicants on the waiting list. In order to assist applicants

Eligibility, Admissions, Occupancy Policy, Approved by Motion 7.21.23

Updated 11.30.23; Updated 4.15.24; Updated 5.23.24; Updated 3.28.25, Updated 10.23.25, Updated 12.1.25

whose household needs match the criteria of the available unit, PGSHA may skip applicants

that do not qualify under the specific criteria. By matching unit and family characteristics, it

is possible that families who are lower on the waiting list may receive an offer of housing

ahead of families with an earlier date and time of application.

iii. The designated Resident Services Specialist shall be responsible for notifying applicants in

writing when they have been selected for occupancy. The applicant will have five (5)

business days to respond from the date they received the offer.

iv. An applicant who has been selected for occupancy and rejects (i.e., failure to respond,

denying, or refusing) the offer of an available housing unit will not lose their place on the

applicable waiting list. An applicant who rejects (2) consecutive offers will be moved to the

bottom of the applicable waiting list and the date of application will be changed to the date

the applicant rejected the second offer.

v. An applicant who has been selected for occupancy and accepts the offer of an available

housing unit, will be screened for eligibility for that housing unit (i.e., background checks

and income verification).

vi. When an applicant has accepted an offer for an available housing unit and successfully

completes the screening process, they will be removed from the waiting list upon moving

into the assisted unit.

vii. On a case-by-case basis, the Board may place an applicant at the top of any waiting list

where a bona fide and documented emergency exists. No emergency placements will be

considered until such time that the Board has declared that the emergency is medical in

nature and that a housing unit is available, unassigned, and that the occupancy may be

temporary in nature.

viii. This method of selecting applicants is intended to assure that nepotism is avoided as much

as possible during the selection of applicants and that politics and favoritism are also

avoided during the selection of applicants.

ix. Applicants will always be treated in a respectful manner during the application and

selection process.

x. The Board and PGSHA employees shall avoid any conflict of interest during the selection

and admission process.

xi. The PGSHA reserves the right to close waiting lists and suspend the taking of new

applications at any given time.

c. Occupancy

1. Tenant Rental Leases

Applicants selected to participate in PGSHA, low-income rental program shall execute a

Tenant Rental Lease (lease) with the PGSHA. This lease is a legal document which describes

Eligibility, Admissions, Occupancy Policy, Approved by Motion 7.21.23

Updated 11.30.23; Updated 4.15.24; Updated 5.23.24; Updated 3.28.25, Updated 10.23.25, Updated 12.1.25

rights, duties, obligations, and responsibilities of the tenant and PGSHA. The lease shall be

executed promptly after the applicant has been selected from a waiting list and has been

certified (i.e., met all of the eligibility requirements, including income eligibility) at the time

the lease is signed. The tenant shall receive a copy of the signed original lease. The head of

household will sign the lease and the Executive Director or Assistant Director will sign on

behalf of the PGSHA.

2. Calculation of Required Monthly Payments

Rent for Low Income Families

A. Rent shall be determined by taking 30% of the tenant’s adjusted annual income and

dividing by twelve (12).

B. The minimum amount of rent a participant shall have to pay is $0.

C. The maximum amount of rent a low-income family shall have to pay shall be 40% of

HUD established Fair Market Rent (FMR) for Kitsap County. The maximum amount of

rent for a low-income family occupying a rental unit identified as Project #44-05 shall be

35% of HUD established Fair Market Rent (FMR) for Kitsap County.

ii. Non-Low Income Families

A. The required monthly payment (rent of homebuyer payments under a lease purchase

agreement) to be paid by a non-low-income family shall not be less than: (income of

non-low-income family/income of family at 80% of median income) X (payment of

family at 80% of median income) but need not exceed HUD-determined Fair Market

Rent value of the unit.

3. Annual Recertification

Tenants are required to be recertified annually to determine eligibility for continued

occupancy. The time period for when tenants are to be recertified shall be determined by

the PGSHA, but at least annually.

ii. Any increase or decrease in rent as a result of an annual recertification will become

effective on the first day of the month of the household’s move-in anniversary date.

4. Interim Recertification

If there is a change in household circumstances between annual recertifications, the

household must report these changes so the PGSHA can determine if a recalculation of rent

is necessary.

ii. Changes in Family Composition

A. All households must report all changes in family and household composition that occur

between annual recertifications within 10 business days of the change.

Eligibility, Admissions, Occupancy Policy, Approved by Motion 7.21.23

Updated 11.30.23; Updated 4.15.24; Updated 5.23.24; Updated 3.28.25, Updated 10.23.25, Updated 12.1.25

B. If the change in household composition results in no change to the annual adjusted

income, no interim recertification will be processed.

iii. Changes Affecting Income

A. Income Decreases

(a) All households must report any decrease in income within 10 business days of the

change.

B. Income Increases

(a) All household must report any increase in income within 10 business days of the

change.

(b) If PGSHA determines that the reported change results in less than a 10 percent

increase in annual adjusted income, no interim recertification will be done.

or more in annual adjusted income, an interim recertification will be processed.

iv. Increases in rent as a result of an interim recertification will become effective on the first

day of the second month following the report of a change.

v. Decreases in rent as a result of an interim recertification will become effective on the first

day of the month following the report of a change of circumstances.

vi. If the PGSHA determines that the tenant has willfully misrepresented or withheld the facts

upon which the rent is based, or has not promptly reported the increase as required, an

increase in rent may be retroactive to a date that the PGSHA will determine.

5. Rental Program Requirements

A security deposit must be paid by all tenants but may be paid either in full at the time of

signing the lease or in equal installments over a period of five (5) months if approved by the

Resident Services Specialist. The amount of the security deposit shall be $500.

ii. Security deposits shall be kept in a separate account by the PGSHA. The security deposit

shall not be used except in the situation where a tenant has moved out and owes the

PGSHA past rents or where the tenant has moved out and there is damage to the property

that must be repaired or where the participant has other outstanding charges owed by the

participant.

iii. Security deposits shall be returned to the tenant where the tenant has moved out and all

past rents are paid and where the tenant has moved out and the premises is left in a

reasonably clean standard with no damage other than ordinary wear and tear as

determined by the PGSHA.

Eligibility, Admissions, Occupancy Policy, Approved by Motion 7.21.23

Updated 11.30.23; Updated 4.15.24; Updated 5.23.24; Updated 3.28.25, Updated 10.23.25, Updated 12.1.25

iv. Upon termination of the lease and after the tenant returns the keys to the PGSHA, the

PGSHA shall forward to the vacating tenant a written accounting of the use of the security

deposit plus a check for the unused amount.

v. The amount of the required Security Deposit shall be included in the tenant’s lease.

vi. A tenant who defaults upon his/her obligations to pay rent or who violates any law or

provision of the lease may be evicted in accordance with the PGSHA’s Collection and

Termination Policy.

6. Inspections

The PGSHA shall conduct a complete interior and exterior routine inspection of each owned

or managed unit periodically as described in the PGSHA’s adopted maintenance policies and

procedures.

7. Transfers

The PGSHA shall allow transferring a participant currently occupying an existing housing unit

to a vacant housing unit, and may be required when:

A. The number of members of a family has changed so that the housing unit occupied is no

longer appropriate. The family may be allowed to move to a vacant housing unit of

appropriate size, if available.

B. Upon request, an elderly or disabled family currently occupying a housing unit that is

not identified as an elderly unit may be allowed to transfer to a housing unit identified

as an elderly unit or accessible unit.

C. Administrative transfers within project sites or between project sites to allow a person

with disabilities to reside in an accessible unit may be allowed provided the current

tenant of the accessible unit is provided 30 days notice and there is a vacant unit

available for the tenant to occupy.

D. Administrative transfers within sites or between sites to correct serious occupancy

standards problems may be allowed.

E. Tenants who owe the PGSHA money or are in violation of any provisions in their tenant

rental lease shall not be eligible for a transfer.

ii. If a participant currently occupying an existing housing unit requests to transfer to another

unit they would be eligible for and one is not currently vacant, they will be placed on the

designated waiting list with the date the transfer is approved.

8. Determination of Successor Upon Death of Tenant

If a head of household dies, the PGSHA may designate a successor to the low-income rental

program unit if such person qualifies as a low-income rental program tenant:

Eligibility, Admissions, Occupancy Policy, Approved by Motion 7.21.23

Updated 11.30.23; Updated 4.15.24; Updated 5.23.24; Updated 3.28.25, Updated 10.23.25, Updated 12.1.25

ii. If no appropriate and eligible successor can be determined, PGSHA shall terminate the lease

and assign the unit to the first eligible person on the waiting list.

9. Vacating Units

When tenants wish to terminate their rental lease with the PGSHA, the timeline for the

sequence of events shall be as follows:

A. The tenant provides the PGSHA with 30 days written notice of their intention to

terminate their lease.

B. PGSHA staff schedules an inspection within five (5) days of when the PGSHA receives the

notice of termination.

C. Within five (5) working days from the unit’s inspection, PGSHA provides:

(a) Tenant with a list of repairs and/or maintenance to be performed.

(b) Tenant with a list of repairs and/or maintenance for which they will be charged.

D. Move out inspection is performed at the time of vacancy by the PGSHA staff and the

tenant, if the tenant chooses to participate. Remaining repairs/maintenance will be

noted at this time.

E. If a resident has not completed their maintenance and repairs prior to move out, the

PGSHA will arrange to have the repairs made as soon as they can be scheduled.

F. Residents will be notified by mail of the actual cost of repairs and other move out

expenses.

ii. Any amounts to be charged to residents for maintenance and/or repairs will be based on

the PGSHA’s actual costs. If applicable, the cost of disposition of personal property after the

tenant vacates a unit will be charged to tenant’s accounts.

10. Rules of Occupancy

The following rules for occupancy shall be included as an addendum to the PGSHA Tenant

Rental Lease (Lease). In the event a tenant violates any of these rules of occupancy, it is a

violation of the lease for which the tenant’s Lease may be terminated.

ii. There shall be no loud parties, gatherings or disturbances in the house or yard between the

hours of 10 p.m. and 8 a.m.

iii. The use of tobacco products is prohibited inside any PGSHA unit or community building

owned by PGSHA. Prohibited tobacco products include cigarettes, cigars, pipes, water pipes

(hookahs), or any items that involve the ignition and burning of tobacco leaves.

iv. In the event of a conviction of any household member for the sale of controlled substance,

the tenant’s Lease maybe be terminated.

v. Vehicle Restrictions

Eligibility, Admissions, Occupancy Policy, Approved by Motion 7.21.23

Updated 11.30.23; Updated 4.15.24; Updated 5.23.24; Updated 3.28.25, Updated 10.23.25, Updated 12.1.25

A. Inoperable Vehicles: Inoperable vehicles, vehicles with expired tags, or vehicle parts may

not be stored or left on the unit property, including the driveway or yard, or anywhere

within PGSHA neighborhoods.

B. Parking Restrictions: Tenant parking is restricted to the tenant’s driveway, carport, or

garage. Vehicles may not be parked in such a way as to extend into the street, restrict

traffic flow, or impede access from emergency vehicles or other tenants. Vehicles may

not be parked in yards of the property or in lawns of common areas. This applies to

tenants, household members, and their guests.

C. Violations: Tenants will receive a 14-day notice to remove improperly parked or

inoperable vehicles. If the tenant fails to move vehicle(s), a Noncompliance will be

issued, and the vehicle(s) may be towed at the expense of the tenant.

vi. Boats, boat trailers, and any fisheries related gear must be kept clean and must not pose a

safety or health hazard to the community. Boats and boat trailers are subject to the Vehicle

Restrictions.

vii. Tenants shall keep the interior and exterior of the house in a clean and sanitary condition at

all times.

viii. Tenants shall deposit all garbage, trash, and rubbish in a suitable receptacle and keep the

receptacle in the area provided. Garbage and rubbish must not be burned and will not be

allowed to accumulate in or around a house or neighboring yards.

ix. Tenants are responsible for their children or the children of any guests or other residents of

the home.

x. Tenants may not take in boarders or sublease their leased unit or turn over the unit to

another person without the PGHSA’s approval.

xi. Guests of tenants may reside in PGSHA unit or on the property for no more than 45 total

days during any calendar year. After that time, the PGSHA will consider the guest an

unauthorized occupant. If a tenant wishes to add a guest to the list of household occupants,

the tenant must submit a request to PGSHA and the guest must complete all required

tenant eligibility requirements including a criminal background check and verification of

income. If the guest is approved to be listed on the tenant’s household occupants, the

amount of the tenant’s monthly payment may be recalculated.

xii. Tenants shall not allow mobile dwellings such as mobile homes, motor homes, campers,

etc. to be located on their property unless the mobile dwelling is owned by the tenant and

used for recreational purposes only.

xiii. Inflammable products such as gasoline, turpentine or paint thinner, solvents and other like

items, must not be kept in the unit.

xiv. A tenant who leaves their unit for a period in excess of 30 days without notifying the PGSHA

is deemed to have abandoned the unit. In such instances of abandonment, a tenant’s Lease

Eligibility, Admissions, Occupancy Policy, Approved by Motion 7.21.23

Updated 11.30.23; Updated 4.15.24; Updated 5.23.24; Updated 3.28.25, Updated 10.23.25, Updated 12.1.25

may be automatically terminated. The PGSHA shall not be responsible for property left in an

abandoned unit.

xv. It shall be the responsibility of the tenant to provide any and all utilities to the unit,

including deposits.

xvi. Tenants and members of his/her household and guests shall comply with all laws and codes

affecting the use or occupancy of the premises.

xvii. Plumbing, electrical or heating and cooling equipment shall not be used for any purpose

other than those for which they are intended.

xviii. Tenants and members of his/her household and guests shall not maliciously or

intentionally damage or destroy public or private property in or around the premises.

xix. The PGSHA will not be responsible for any damage caused to a tenant’s personal property.

Tenants are encouraged to obtain personal property or renter’s insurance coverage to help

protect the tenants and their personal possessions.

xx. No tenant, member of tenant’s household, or guest of either may discharge a firearm in or

around any PGSHA project area, threaten to discharge a firearm, or make a firearm-related

threat against any person. If the PGST Police Dept. receives and verifies that a tenant, any

member of the tenant’s family, or a guest of either, has discharged a firearm, threatened to

discharge a firearm, or made any other threats while possessing a firearm, the PGSHA shall

terminate the tenant’s Lease pursuant to the expedited termination provisions of the

PGSHA’s Collection and Termination Policy.

xxi. Tenants are required to comply with Title 13, Chapter 3, Animal Control, of the PGST’s Law

and Order Code and the PGSHA’ adopted pet control policy. Dogs and other pets are the

responsibility of the owner. Pursuant to the PGST’s Animal Control Code, owners are

responsible for any damage to persons or property caused by any animal they own.

xxii. Tenants shall not keep livestock or fowl in or around the housing unit, whether confined

within a secure enclosure or free-range. The term “livestock” includes, but is not limited to,

cattle, sheep, pigs, goats, horses, donkeys, and mules. The term “fowl” includes, but is not

limited to, chickens, ducks, geese, turkeys, and pheasants.

d. Appendix

1. Definition of annual income

Eligibility, Admissions, Occupancy Policy, Approved by Motion 7.21.23

Updated 11.30.23; Updated 4.15.24; Updated 5.23.24; Updated 3.28.25, Updated 10.23.25, Updated 12.1.25

Appendix 1

Definition of Annual Income

https://www.ecfr.gov/current/title-24/subtitle-A/part-5/subpart-F/subject-groupECFR174c6349abd095d/section-5.609

a. Annual income includes, with respect to the family:

1. All amounts, not specifically excluded in paragraph (b) of this section, received from all sources

by each member of the family who is 18 years of age or older or is the head of household or

spouse of the head of household, plus unearned income by or on behalf of each dependent

who is under 18 years of age, and

2. When the value of net family assets exceeds $50,000 (which amount HUD will adjust annually in

accordance with the Consumer Price Index for Urban Wage Earners and Clerical Workers) and

the actual returns from a given asset cannot be calculated, imputed returns on the asset based

on the current passbook savings rate, as determined by HUD.

b. Annual income does not include the following:

1. Any imputed return on an asset when net family assets total $50,000 or less (which amount

HUD will adjust annually in accordance with the Consumer Price Index for Urban Wage Earners

and Clerical Workers) and no actual income from the net family assets can be determined.

2. The following types of trust distributions:

For an irrevocable trust or a revocable trust outside the control of the family or household

excluded from the definition of net family assets under § 5.603(b):

A. Distributions of the principal or corpus of the trust; and

B. Distributions of income from the trust when the distributions are used to pay the costs

of health and medical care expenses for a minor.

ii. For a revocable trust under the control of the family or household, any distributions from

the trust; except that any actual income earned by the trust, regardless of whether it is

distributed, shall be considered income to the family at the time it is received by the trust.

3. Earned income of children under the 18 years of age.

4. Payments received for the care of foster children or foster adults, or State or Tribal kinship or

guardianship care payments.

5. Insurance payments and settlements for personal or property losses, including but not limited

to payments through health insurance, motor vehicle insurance, and workers' compensation.

6. Amounts received by the family that are specifically for, or in reimbursement of, the cost of

health and medical care expenses for any family member.

Eligibility, Admissions, Occupancy Policy, Approved by Motion 7.21.23

Updated 11.30.23; Updated 4.15.24; Updated 5.23.24; Updated 3.28.25, Updated 10.23.25, Updated 12.1.25

7. Any amounts recovered in any civil action or settlement based on a claim of malpractice,

negligence, or other breach of duty owed to a family member arising out of law, that resulted in

a member of the family becoming disabled.

8. Income of a live-in aide, foster child, or foster adult as defined in §§ 5.403 and 5.603,

respectively.

Any assistance that section 479B of the Higher Education Act of 1965, as amended (20

U.S.C. 1087uu), requires be excluded from a family's income; and

ii. Student financial assistance for tuition, books, and supplies (including supplies and

equipment to support students with learning disabilities or other disabilities), room and

board, and other fees required and charged to a student by an institution of higher

education (as defined under Section 102 of the Higher Education Act of 1965 (20 U.S.C.

1002)) and, for a student who is not the head of household or spouse, the reasonable and

actual costs of housing while attending the institution of higher education and not residing

in an assisted unit.

A. Student financial assistance, for purposes of this paragraph (9)(ii), means a grant or

scholarship received from—

1. The Federal government;

2. A State, Tribe, or local government;

3. A private foundation registered as a nonprofit under 26 U.S.C. 501(c)(3);

4. A business entity (such as corporation, general partnership, limited liability

company, limited partnership, joint venture, business trust, public benefit

corporation, or nonprofit entity); or

5. An institution of higher education.

B. Student financial assistance, for purposes of this paragraph (9)(ii), does not include—

1. Any assistance that is excluded pursuant to paragraph (b)(9)(i) of this section;

2. Financial support provided to the student in the form of a fee for services performed

(e.g., a work study or teaching fellowship that is not excluded pursuant to paragraph

(b)(9)(i) of this section);

3. Gifts, including gifts from family or friends; or

4. Any amount of the scholarship or grant that, either by itself or in combination with

assistance excluded under this paragraph or paragraph (b)(9)(i), exceeds the actual

covered costs of the student. The actual covered costs of the student are the actual

costs of tuition, books and supplies (including supplies and equipment to support

students with learning disabilities or other disabilities), room and board, or other

Eligibility, Admissions, Occupancy Policy, Approved by Motion 7.21.23

Updated 11.30.23; Updated 4.15.24; Updated 5.23.24; Updated 3.28.25, Updated 10.23.25, Updated 12.1.25

fees required and charged to a student by the education institution, and, for a

student who is not the head of household or spouse, the reasonable and actual costs

of housing while attending the institution of higher education and not residing in an

assisted unit. This calculation is described further in paragraph (b)(9)(ii)(E) of this

section.

C. Student financial assistance, for purposes of this paragraph (b)(9)(ii) must be:

1. Expressly for tuition, books, room and board, or other fees required and charged to

a student by the education institution;

2. Expressly to assist a student with the costs of higher education; or

3. Expressly to assist a student who is not the head of household or spouse with the

reasonable and actual costs of housing while attending the education institution and

not residing in an assisted unit.

D. Student financial assistance, for purposes of this paragraph (b)(9)(ii), may be paid

directly to the student or to the educational institution on the student's behalf. Student

financial assistance paid to the student must be verified by the responsible entity as

student financial assistance consistent with this paragraph (b)(9)(ii).

E. When the student is also receiving assistance excluded under paragraph (b)(9)(i) of this

section, the amount of student financial assistance under this paragraph (b)(9)(ii) is

determined as follows:

1. If the amount of assistance excluded under paragraph (b)(9)(i) of this section is equal

to or exceeds the actual covered costs under paragraph (b)(9)(ii)(B)(4) of this

section, none of the assistance described in this paragraph (b)(9)(ii) of this section is

considered student financial assistance excluded from income under this paragraph

(b)(9)(ii)(E).

2. If the amount of assistance excluded under paragraph (b)(9)(i) of this section is less

than the actual covered costs under paragraph (b)(9)(ii)(B)(4) of this section, the

amount of assistance described in paragraph (b)(9)(ii) of this section that is

considered student financial assistance excluded under this paragraph is the lower

of:

the total amount of student financial assistance received under this paragraph

(b)(9)(ii) of this section, or

ii. the amount by which the actual covered costs under paragraph (b)(9)(ii)(B)(4) of

this section exceeds the assistance excluded under paragraph (b)(9)(i) of this

section.

10. Income and distributions from any Coverdell education savings account under section 530 of

the Internal Revenue Code of 1986 or any qualified tuition program under section 529 of such

Eligibility, Admissions, Occupancy Policy, Approved by Motion 7.21.23

Updated 11.30.23; Updated 4.15.24; Updated 5.23.24; Updated 3.28.25, Updated 10.23.25, Updated 12.1.25

Code; and income earned by government contributions to, and distributions from, “baby bond”

accounts created, authorized, or funded by Federal, State, or local government.

11. The special pay to a family member serving in the Armed Forces who is exposed to hostile fire.

12.

Amounts received by a person with a disability that are disregarded for a limited time for

purposes of Supplemental Security Income eligibility and benefits because they are set

aside for use under a Plan to Attain Self-Sufficiency (PASS);

ii. Amounts received by a participant in other publicly assisted programs which are specifically

for or in reimbursement of out-of-pocket expenses incurred (e.g., special equipment,

clothing, transportation, child care, etc.) and which are made solely to allow participation in

a specific program;

iii. Amounts received under a resident service stipend not to exceed $200 per month. A

resident service stipend is a modest amount received by a resident for performing a service

for the PHA or owner, on a part-time basis, that enhances the quality of life in the

development.

iv. Incremental earnings and benefits resulting to any family member from participation in

training programs funded by HUD or in qualifying Federal, State, Tribal, or local employment

training programs (including training programs not affiliated with a local government) and

training of a family member as resident management staff. Amounts excluded by this

provision must be received under employment training programs with clearly defined goals

and objectives and are excluded only for the period during which the family member

participates in the employment training program unless those amounts are excluded under

paragraph (b)(9)(i) of this section.

13. Reparation payments paid by a foreign government pursuant to claims filed under the laws of

that government by persons who were persecuted during the Nazi era.

14. Earned income of dependent full-time students in excess of the amount of the deduction for a

dependent in § 5.611.

15. Adoption assistance payments for a child in excess of the amount of the deduction for a

dependent in § 5.611.

16. Deferred periodic amounts from Supplemental Security Income and Social Security benefits

that are received in a lump sum amount or in prospective monthly amounts, or any deferred

Department of Veterans Affairs disability benefits that are received in a lump sum amount or in

prospective monthly amounts.

17. Payments related to aid and attendance under 38 U.S.C. 1521 to veterans in need of regular aid

and attendance.

Eligibility, Admissions, Occupancy Policy, Approved by Motion 7.21.23

Updated 11.30.23; Updated 4.15.24; Updated 5.23.24; Updated 3.28.25, Updated 10.23.25, Updated 12.1.25

18. Amounts received by the family in the form of refunds or rebates under State or local law for

property taxes paid on the dwelling unit.

19. Payments made by or authorized by a State Medicaid agency (including through a managed

care entity) or other State or Federal agency to a family to enable a family member who has a

disability to reside in the family's assisted unit. Authorized payments may include payments to a

member of the assisted family through the State Medicaid agency (including through a

managed care entity) or other State or Federal agency for caregiving services the family

member provides to enable a family member who has a disability to reside in the family's

assisted unit.

20. Loan proceeds (the net amount disbursed by a lender to or on behalf of a borrower, under the

terms of a loan agreement) received by the family or a third party (e.g., proceeds received by

the family from a private loan to enable attendance at an educational institution or to finance

the purchase of a car).

21. Payments received by Tribal members as a result of claims relating to the mismanagement of

assets held in trust by the United States, to the extent such payments are also excluded from

gross income under the Internal Revenue Code or other Federal law.

22. Amounts that HUD is required by Federal statute to exclude from consideration as income for

purposes of determining eligibility or benefits under a category of assistance programs that

includes assistance under any program to which the exclusions set forth in paragraph (b) of this

section apply. HUD will publish a notice in the Federal Register to identify the benefits that

qualify for this exclusion. Updates will be published when necessary.

23. Replacement housing “gap” payments made in accordance with 49 CFR part 24 that offset

increased out of pocket costs of displaced persons that move from one federally subsidized

housing unit to another Federally subsidized housing unit. Such replacement housing “gap”

payments are not excluded from annual income if the increased cost of rent and utilities is

subsequently reduced or eliminated, and the displaced person retains or continues to receive

the replacement housing “gap” payments.

24. Nonrecurring income, which is income that will not be repeated in the coming year based on

information provided by the family. Income received as an independent contractor, day

laborer, or seasonal worker is not excluded from income under this paragraph, even if the

source, date, or amount of the income varies. Nonrecurring income includes:

Payments from the U.S. Census Bureau for employment (relating to decennial census or the

American Community Survey) lasting no longer than 180 days and not culminating in

permanent employment.

ii. Direct Federal or State payments intended for economic stimulus or recovery.

iii. Amounts directly received by the family as a result of State refundable tax credits or State

tax refunds at the time they are received.

Eligibility, Admissions, Occupancy Policy, Approved by Motion 7.21.23

Updated 11.30.23; Updated 4.15.24; Updated 5.23.24; Updated 3.28.25, Updated 10.23.25, Updated 12.1.25

iv. Amounts directly received by the family as a result of Federal refundable tax credits and

Federal tax refunds at the time they are received.

v. Gifts for holidays, birthdays, or other significant life events or milestones (e.g., wedding

gifts, baby showers, anniversaries).

vi. Non-monetary, in-kind donations, such as food, clothing, or toiletries, received from a food

bank or similar organization.

vii. Lump-sum additions to net family assets, including but not limited to lottery or other

contest winnings.

25. Civil rights settlements or judgments, including settlements or judgments for back pay.

26. Income received from any account under a retirement plan recognized as such by the Internal

Revenue Service, including individual retirement arrangements (IRAs), employer retirement

plans, and retirement plans for self-employed individuals; except that any distribution of

periodic payments from such accounts shall be income at the time they are received by the

family.

27. Income earned on amounts placed in a family's Family Self Sufficiency Account.

28. Gross income a family member receives through self-employment or operation of a business;

except that the following shall be considered income to a family member:

Net income from the operation of a business or profession. Expenditures for business

expansion or amortization of capital indebtedness shall not be used as deductions in

determining net income. An allowance for depreciation of assets used in a business or

profession may be deducted, based on straight line depreciation, as provided in Internal

Revenue Service regulations; and

ii. Any withdrawal of cash or assets from the operation of a business or profession will be

included in income, except to the extent the withdrawal is reimbursement of cash or assets

invested in the operation by the family.

Eligibility, Admissions, Occupancy Policy, Approved by Motion 7.21.23

Updated 11.30.23; Updated 4.15.24; Updated 5.23.24; Updated 3.28.25, Updated 10.23.25, Updated 12.1.25

Appendix 2

Definitions

a. Accessible Unit –

1. A housing unit located on an accessible route that can be approached, entered, and used by a

person with disabilities;

2. A unit that is adaptable and otherwise in compliance with the Uniform Federal Accessibility

Standards (see 24 C.F.R. Part 40);

3. A unit that is altered for the use by a specific qualified person with disabilities and meets the

requirements of applicable standards that address the particular disability or impairment of

such person.

b. Adjusted Income –

1. The term `adjusted income' means the annual income that remains after excluding the

following amounts as described in Section 4 of NAHASDA and the regulations at 24 CFR 1000

along with any other applicable laws and regulations.

YOUTHS, STUDENTS, AND PERSONS WITH DISABILITIES – Deduction for each family member

who is considered a dependent according to the definition in this policy. PGSHA will use one

of the following deduction amounts, whichever is more:

A. 24 CFR 5.611 (a)(1) – $480 for each dependent, which amount will be adjusted by HUD

annually in accordance with the Consumer Price Index for Urban Wage Earners and

Clerical Workers, rounded to the next lowest multiple of $25; OR

B. NAHASDA – $480 for each member of the family residing in the household (other than

the head of the household or the spouse of the head of the household) –

(a) who is under 18 years of age; or

(b) who is –

(i) 18 years of age or older; and

(ii) a person with disabilities or a full-time student.

ii. ELDERLY AND DISABLED FAMILIES – Deduction for each household who is considered an

elderly or disabled family according to the definition in this policy. PGSHA will use one of

the following deduction amounts, whichever is more:

A. 24 CFR 5.611 (a)(2) – $525 for any elderly family or disabled family, which amount will

be adjusted by HUD annually in accordance with the Consumer Price Index for Urban

Wage Earners and Clerical Workers, rounded to the next lowest multiple of $25; OR

B. NAHASDA – $400 for an elderly or disabled family

iii. MEDICAL AND ATTENDANT EXPENSES – The amount by which 3 percent of the annual

income of the family is exceeded by the aggregate of –

Eligibility, Admissions, Occupancy Policy, Approved by Motion 7.21.23

Updated 11.30.23; Updated 4.15.24; Updated 5.23.24; Updated 3.28.25, Updated 10.23.25, Updated 12.1.25

A. medical expenses, in the case of an elderly or disabled family; and

B. reasonable attendant care and auxiliary apparatus expenses for each family member

who is a person with disabilities, to the extent necessary to enable any member of the

family (including a member who is a person with disabilities) to be employed.

iv. CHILDCARE EXPENSES – Childcare expenses for the care of children under the age of 13 to

the extent necessary to enable another member of the family to be employed or to further

his or her education. The expenses deducted cannot exceed the amount received from

employment.

v. EARNED INCOME OF MINORS – The amount of any earned income of any member of the

family who is less than 18 years of age.

vi. TRAVEL EXPENSES – Excessive travel expenses, not to exceed $25 per family per week if a

full-time commuting student or a permanent employee driving at least 60 miles roundtrip

to and from the place of employment or educational institution.

vii. DISTRIBUTIONS TO ELDERS – Periodic payments distributed to PGST elderly families.

viii. GENERAL WELFARE EXLUSION ACT BENEFITS – The value of any General Welfare Exclusion

Act benefits received.

c. Admission –

1. Admission means admission to occupy assisted housing units owned or managed by the PGSHA.

d. Annual Income –

1. For this policy, annual income shall be the same as annual income as defined for HUD’s Section

8 programs described at 24 CFR Part 5, Subpart F, Section 5.609 (except when determining the

income of a homebuyer for an owner-occupied rehabilitation project, the value of the

homeowner’s principal residence may be excluded from the calculation of net family assets).

The most current definition of annual income shall be attached as an addendum to this policy.

2. Section 4 (9) of NAHASDA states that the following amounts may not be considered as income:

Any amounts not actually received by the family.

ii. Any amounts that would be eligible for exclusion under Section 1613(a)(7) of the Social

Security Act. This relates to certain amounts received from the United States that are

attributable to underpayments of benefits due for one or more prior months under the

Social Security Act.

iii. Any amounts received by any member of the family as disability compensation under

Chapter 11 of Title 38, United States Code, or dependency and indemnity compensation

under chapter 13 of such title. This relates to amounts received from the Department of

Veterans Affairs by a family for service-related disabilities of a member of the family, and

survivor benefits.

3. Also, the following sources of income shall not be included as income:

Eligibility, Admissions, Occupancy Policy, Approved by Motion 7.21.23

Updated 11.30.23; Updated 4.15.24; Updated 5.23.24; Updated 3.28.25, Updated 10.23.25, Updated 12.1.25

Per Capita payments derived from oil and gas or other trust revenues actually received by

tribal members, but only to the extent that such payments, in the aggregate, exceed $2,000

per person per year;

ii. Per Capita payments derived from judgement funds awarded by the Indian Claims

iii. Commission or the United States Court of Claims, but only to the extent that such

payments, in the aggregate, exceed $2,000 per person per year; and

4. If an applicant or participant’s annual income is sporadic and not consistent from one year to

the next (firefighting, fishing etc.), the PGSHA may use the average annual income earned over

the most recent three (3) years when determining eligibility and calculating monthly payments.

e. Criminal Activity –

1. Any criminal activity that has as one of its elements the use, attempted use, or threatened use

of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily

injury or property damage including, but not limited to, murder, manslaughter, rape, spousal

abuse, child abuse, child sexual abuse, domestic violence, other sexual offenses, stalking,

assault, aggravated assault, robbery, burglary, arson, kidnapping and any other felony in the

commission of which the perpetrator used force, or used or was armed with a dangerous

weapon, or used any explosive or destructive device.

f. Dependent –

1. A member of the family (which excludes foster children and foster adults) other than the family

head or spouse who is under 18 years of age, or is a person with a disability, or is a full-time

student.

g. Disabled Family –

1. The term ‘disabled family’ means a family whose head of household or spouse is a person with

disabilities.

h. Elderly Family –

1. The term ‘elderly family’ means a family whose head (or his or her spouse), or whose sole

member, is an elderly person. Such term includes two or more elderly persons living together,

and one or more such persons living with one or more persons determined by the PGSHA to be

essential to their care or well-being.

Elderly Person –

1. The term ‘elderly person' means a person who is at least sixty-two (62) years of age.

Elder Unit –

1. The term ‘elder unit’ means a housing unit designed specifically to be occupied by an elderly

family or elderly person.

k. Family –

Eligibility, Admissions, Occupancy Policy, Approved by Motion 7.21.23

Updated 11.30.23; Updated 4.15.24; Updated 5.23.24; Updated 3.28.25, Updated 10.23.25, Updated 12.1.25

1. The term ‘family' includes a family with or without children, an elderly family, a disabled family,

and a single person who is at least 18 years of age.

Full-Time Student –

1. The term ‘full-time student’ means a person who is carrying a subject load that is considered

full-time for students under the standards and practices of the educational institution attended.

An educational institution includes a vocational school with a diploma or certificate program, as

well as an institution offering a college degree.

m. Grievance –

1. Any complaint against a decision of the PGSHA that is allowed in accordance with the PGSHA’s

grievance procedures.

n. Guest –

1. The term ‘guest’ means a person temporarily residing in a tenant’s housing unit.

o. Head of Household –

1. The term ‘head of household’ means the family member completing the application to

participate in a PGSHA assisted housing activity who will be signing an occupancy document

and is eighteen (18) years of age or older.

p. HUD –

1. The term ‘HUD’ means the United States Department of Housing and Urban Development.

q. Immediate Family –

1. The term ‘immediate family’ means spouse, children, foster and stepchildren, parents,

grandparents, brothers, sisters, and others living in the home. Any dispute arising over the

definition of “immediate family” shall be decided by the PGHSA’s Executive Director or

Assistant Director.

r. Indian –

1. The term ‘Indian' means any person who is a member of a federally or state recognized Indian

tribe.

s. Indian Area –

1. The term ‘Indian Area' means the area within which the PGSHA operates housing assistance

activities as described in PGHA’s Indian Housing Plan.

t. Indian Family –

1. The term ‘Indian Family’ means a family with at least one member of the household who is

Indian.

u. Indian Tribe –

1. The term ‘Indian tribe' means a tribe that is a federally recognized tribe or a State recognized

tribe.

Eligibility, Admissions, Occupancy Policy, Approved by Motion 7.21.23

Updated 11.30.23; Updated 4.15.24; Updated 5.23.24; Updated 3.28.25, Updated 10.23.25, Updated 12.1.25

2. The term ‘federally recognized tribe' means any Indian tribe, band, nation, or other organized

group or community of Indians, including any Alaska Native village or regional or village

corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act,

that is recognized as eligible for the special programs and services provided by the United

States to Indians because of their status as Indians pursuant to the Indian Self-Determination

and Education Assistance Act of 1975.

3. The term ‘State recognized tribe' means any tribe, band, nation, pueblo, village, or community

that has been recognized as an Indian tribe by any State.

v. Low Income Family –

1. The term ‘low-income family' means a family whose income does not exceed 80 percent of the

median income for the area, as determined by HUD with adjustments for smaller and larger

families.

w. Median Income –

1. The term ‘median income' means the greater of the median income for PGSHA’s Indian area,

which HUD shall determine, or the median income for the United States.

x. NAHASDA –

1. The Native American Housing Assistance and Self-Determination Act passed by the U.S.

Congress in 1996.

y. Participant –

1. The term ‘participant' means a family that has been determined eligible for and admitted to

participate in a PGSHA housing assistance program.

z. Person with Disabilities –

1. The term ‘person with disabilities' means a person who –

has a disability as defined in section 223 of the Social Security Act;

ii. is determined, pursuant to regulations issued by the Secretary, to have a physical, mental,

or emotional impairment which –

A. is expected to be of long-continued and indefinite duration;

B. substantially impedes his or her ability to live independently; and

C. is of such a nature that such ability could be improved by more suitable housing

conditions; or

iii. has a developmental disability as defined in section 102 of the Developmental Disabilities

Assistance and Bill of Rights Act.

2. The term includes persons who have the disease of acquired immunodeficiency syndrome or

any conditions arising from the etiologic agent for acquired immunodeficiency syndrome.

Notwithstanding any other provision of law, no individual shall be considered a person with

Eligibility, Admissions, Occupancy Policy, Approved by Motion 7.21.23

Updated 11.30.23; Updated 4.15.24; Updated 5.23.24; Updated 3.28.25, Updated 10.23.25, Updated 12.1.25

disabilities, for purposes of eligibility for housing assisted under NAHASDA, solely on the basis

of any drug or alcohol dependence.

3. For purposes of this definition, the term “physical, mental or emotional impairment” includes,

but is not limited to:

Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting

one or more of the following body systems: Neurological, musculoskeletal, special sense

organs, respiratory, including speech organs; cardiovascular; reproductive; digestive;

genito-urinary; hemic and lymphatic; skin; and endocrine; or

ii. Any mental or psychological condition, such as mental retardation, organic brain syndrome,

emotional or mental illness, and specific learning disabilities.

iii. The term “physical, mental, or emotional impairment” includes, but is not limited to, such

diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral

palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease,

diabetes, Human Immunodeficiency Virus infection, mental retardation, and emotional

illness.

aa. Rent –

1. An amount of money to be paid monthly to the PGSHA by participants in the PGSHA’s lowincome rental housing programs.

bb. Required Monthly Payment –

1. The term ‘required monthly payment' means the payment amount calculated in accordance

with these policies.

cc. Spouse –

1. The term ‘spouse’ means the husband, wife, or domestic partner of the head of household,

whether of the same or opposite sex as the head of household.

dd. Tribal Member –

1. An enrolled member of the Port Gamble S’Klallam Tribe (PGST), formally known as the Port

Gamble Indian Community of the Port Gamble Reservation.

ee. Tribal Member Family –

1. The term tribal member family means a family with at least one member of the household who

is a member of the PGST.

ff. Utilities –

The term ‘utilities’ includes electricity, gas, heating fuel, water, sewerage service, septic tank

pumping/maintenance, sewer system hookup charges (after development), and trash and

garbage collection. Participants are responsible for the costs of utilities. Telephone service is

not a utility. Trash and garbage collection as well as the maintenance and repair of any systems

are considered maintenance expenses and not utility expenses.

Eligibility, Admissions, Occupancy Policy, Approved by Motion 7.21.23

Updated 11.30.23; Updated 4.15.24; Updated 5.23.24; Updated 3.28.25, Updated 10.23.25, Updated 12.1.25

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.