Puyallup Tribe Housing Department
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Puyallup Tribe Housing Department
Maintenance, Maintenance Charges, and Housing Standard
Policy
Adopted: August 26, 2010
Revised: August 14, 2013
Revised: August 14, 2014
Revised: July 17, 2020
Maintenance Policy
Modified on July 17, 2020
Page 1 of 31
SECTION I.
INTRODUCTION AND OVERVIEW
A.
This Policy sets out the applicable requirements for
maintenance of Premises owned and managed by the Puyallup
Tribe Housing Department ("PTHD"). The PTHD administers a
housing program that involves different types of housing
Premises, each of which has certain specific maintenance
requirements. General maintenance requirements and
standards apply to all housing Premises administered by
PNHA, as described in Section II below. Different, more
specific, maintenance requirements apply to different types
of Premises of PTHD, as described in the Sections that
follow.
B.
For Rental Premises, PTHD shall conduct all ordinary and
extraordinary maintenance, including replacement or repair
of items required because of ordinary wear and tear on the
Premises. Such maintenance shall be at the expense of PTHD.
However, where maintenance is necessitated by Tenant
neglect, misuse, or abuse, the costs of such maintenance
shall be charged to the Tenant.
C.
For Mutual Help and HOPA (and any other homebuyer program)
Premises, all routine and non-routine maintenance and repairs
are the responsibility of the Homebuyer, unless certain parts,
equipment and/or labor are covered under warranty. PTHD may
carry out such maintenance at the request of the Homebuyer
Tenant, and the costs thereof will be charged to the Homebuyer
Tenant.
D.
In carrying out its maintenance requirements under this
Policy, PTHD shall follow the standards set out in this
Policy.
Section II.
DEFINITIONS
For the purposes of this Policy, the following terms shall
have the following meanings.
A.
"Director" shall mean the Director of PTHD.
B.
"Homebuyer Tenant" shall mean any Tenant who possesses and
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Modified on July 17, 2020
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occupies any Premises through any kind of Homebuyer
Agreement.
C.
"Homebuyer Agreement" is a rent-to-own agreement between
PTHD and a Homebuyer Tenant that authorizes Homebuyer Tenant
to occupy and possess a Premises in exchange for payment of
monthly rents, which sets out the terms and conditions of
such occupancy and possession, and which provides Homebuyer
Tenant with an opportunity to purchase the Premises outright
from PTHD upon meeting certain conditions. Mutual Help
Occupancy Agreement and Homeownership Opportunity Program
Agreements are the two main examples of Homebuyer
Agreements.
D.
"HOPA Homebuyer Tenant" shall mean any Tenant who possesses
or occupies any Premises through a Homeownership Opportunity
Program Agreement.
E.
"Maintenance Representative" shall mean an employee of PTHD
charged with carrying out certain maintenance and inspection
responsibilities.
F.
"MHOA Homebuyer Tenant" shall mean any Tenant who possesses
or occupies any Premises through a Mutual Help Occupancy
Agreement.
G.
"Premises" shall mean any dwelling unit (and the real property on
which that unit is located) owned or managed by PTHD, whether a
Rental or Homebuyer Premises.
H.
"Rental Agreement" is an agreement between PTHD and a Rental
Tenant that authorizes Tenant to occupy and possess a
Premises in exchange for payment of monthly rents, and which
sets out the terms and conditions of such occupancy and
possession.
I.
"Rental Tenant" shall mean any Tenant who possesses and
occupies any Premises through a Rental Agreement that is not
a Homebuyer Agreement.
J.
“Tenant” shall mean any person or persons who possess and
occupy any Premises, whether through a Rental Agreement or
Homebuyer Agreement.
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Modified on July 17, 2020
Page 3 of 31
SECTION III.
GENERAL PROVISIONS
A
Access:
The PTHD shall have access to the Premises to
perform maintenance and repairs, inspect the Premises,
supply necessary or agreed services, or show the Premises to
prospective buyers or Tenants in accordance with the predetermined maintenance schedule established in program
regulations, the Tribal housing code, or the relevant
Homebuyer or Rental Agreement. As this Policy provides, the
PTHD has certain notice requirements associated with
ordinary maintenance and/or regularly scheduled inspections.
The PTHD retains full authority to enter the Premises on an
emergency basis, with no notice whatsoever, in cases where
necessary
utilities
(power,
water,
sanitation,
other
utilities) are shut down or functioning and PTHD must act to
protect the health and safety of its property, or in any
other emergency that PTHD reasonably determines could lead
to immediate health, safety, or permanent damage to the
Premises.
B.
New Construction:
During construction of new Premises,
PTHD will inspect the various phases of construction
including the schematic review.
The purpose is to
standardize equipment and parts so the maintenance program
monitors the warranty and maintain stock for replacement
and/or repairs. Further, it will also eliminate the use of
discontinued parts of the dwelling units which hinders the
maintenance program in procuring replacements.
This will
assist and maintenance program in maintaining as-built
specifications and drawing for the future references.
C.
Pets:
No animals, including but not limited to pets,
will be allowed within the Premises, unless written
permission is granted by PTHD pursuant to certain exceptions
for elders, individuals with disabilities with assistance
animals, or as otherwise authorized under PTHD policies and
regulations, as described more fully in PTHD’s Pet Policy,
located at Section XIV.F of the PTHD Eligibility, Admissions
and Occupancy Policy.
Violation of this requirement will
result in a $75.00 fine per day which shall continue to
accrue each day until the violation is remedied. PTHD
Maintenance Policy
Modified on July 17, 2020
Page 4 of 31
D.
After September 1, 2010, and notwithstanding any other
provision of this or any other policy, for new Rentals, MHOA
contracts and HOPA Agreements, no dog commonly referred to
as "dangerous breed" dogs as classified by the Insurance
Information Institute shall be allowed, for both Rental
Tenants and Homebuyer Tenants. This includes but may not be
limited to pit bulls, Doberman pinschers, Rottweilers, wolf
hybrids or mixes thereof. This breed exclusion does not
apply to Renters with contracts signed prior to May 30,
2010, who already have such breeds under their Agreement
prior to this date, who have been authorized to convert to
Mutual Help status after May 30, 2010, and the breeds have
no reported record of disturbances or damages, either to
PTHD or Tribal Law Enforcement.
E.
Tenant shall make regular and proper disposition of trash
and garbage, not display any signs, and not use the Premises
for any illegal or immoral purposes.
F.
Tenant shall ensure proper and sufficient control of the
conduct of all members of the household and guests while on
the Premises.
G.
Tenant shall use reasonable care to keep the Premises in
such condition as to prevent health or sanitation issues
from arising.
H.
Tenant shall use all electrical, plumbing, sanitary, heating,
ventilating, air-conditioning, and other facilities and
appliances which are part of the Premises, and the property
of the PTHD, in a proper, safe, sanitary, and reasonable
manner.
I.
Tenant shall abide by PTHD's policies and regulations as
they currently exist and as they may be from time-to-time
amended by PTHD.
J.
Inspections.
1.
Tenants shall permit a duly authorized agent, employee
or representative of the PTHD to enter the Premises for
the purpose of examining the condition thereof.
Such
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an entry may be made during reasonable hours after a
forty-eight (48) hour advance notice in writing to
Tenant of the date, time and purpose. PTHD shall also
have the right to enter Tenant's Premises without prior
notice to Tenant if PTHD reasonably believes that an
emergency exists which requires entrance.
2.
PTHD will inspect the Premises annually to ensure that
it is properly used and that it is maintained in good
condition. For new Tenants of the Premises, PTHD may,
on a case by case basis, set up a monthly inspection
for the first year of occupancy. The annual inspection
shall also document the condition of the Premises for
Tenant's file and provides PTHD with a basis for
providing
counseling
on
home
use
or
routine
maintenance.
i.
An inspection may result in mandatory routine
maintenance being required of Tenant on the
Premises.
ii.
If routine maintenance is required, a plan of
action will be developed between PTHD and Tenant
listing specific routine (maintenance actions needed
and target dates.
iii. If routine maintenance is required and a plan of
action was developed, PTHD will follow up with
subsequent inspections on dates specified in the
plan to assure necessary compliance by Tenant. If
maintenance problems arise again or persist, in
the determination of PTHD, PTHD may contact other
tribal departments, including Social Services, in
an effort to determine if a more substantial
services plan of action is necessary to both
preserve the condition of the Premises and also
provide the Tenants sufficient intervention prior
to any potential eviction proceedings.
iv.
In the event of an emergency situation, unscheduled
maintenance inspections may be conducted. Tenants
may not receive advance notification in such
cases.
As indicated above under subsection (c),
this may include coordination with the Law
Enforcement, Child Protective Service, Social
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Services, or other agencies which will have
obtained approval from PTHD to be present for the
emergency unscheduled inspection.
v.
Prior to the time Tenant moves in, PTHD and Tenant
shall inspect the Premises and sign a written
statement of its condition, known as the Move-In
Inspection Report. Upon move-in, Tenant shall be
given a copy of the Move-In Inspection Report to
review and list any deficiency or damage not noted
on the report.
vi.
Upon vacating, Tenant is responsible for inspecting
the Premises with the PTHD. PTHD shall prepare a
Move-Out Inspection Report, and this report will
be used to compare with the Move-In Inspection
Report as a basis for determining charges, if any,
for which Tenant is responsible. If Tenant or his
agent fails to appear for a scheduled final
inspection, PTHD may conduct the inspection without
Tenant, and Tenant agrees to accept the inspection
conducted by PTHD.
vii. The Move-Out Inspection Report and calculation of
charges will be prepared as soon as practicable
after the inspection is completed.
viii.The cost of repairs needed that are not the result
of normal wear and tear, or that are the result of
Tenant
failing
to
carry
out
maintenance
responsibilities of the Tenant, will be charged to
the Tenant. The cost to be charged to the Tenant
shall be that amount of the cost to bring the
Premises back to the habitable condition existing
at the time Tenant initially took possession of
the Premises or at the time PTHD carried out any
rehabilitation (whether substantial or moderate),
whichever is later.
ix.
The Maintenance Representative will determine the
renovation work requirement and after completion,
inform the Executive Director of the availability
of the Premises. If the Premises is abandoned the
cost to put Premises in good condition will be
charged to the account of the vacated Tenant.
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K.
Housing Standards
In both construction of new dwelling and rehabilitation of
existing ones whether the work is done by PTHD employees or
outside
contractors,
certain
acceptable
standards
of
workmanship and health, and safety must be adhered to. In
this regard, all work shall conform to international
building codes (IBC), local building codes, and tribal
building codes.
l.
Goal of Housing Standards: PTHD is committed to
providing "decent, safe, and sanitary" housing, with
those resources available, follow income families at an
affordable cost.
To accomplish this, the following
building code standards set forth basic housing quality
minimum standards which all Premises must meet at the
time of move-in and following any related scope of work
requirements
upon
the
completion
of
scheduled
inspections.
The minimum standards as set forth
therein must provide for compliance to health and
safety standards.
2.
Minimum Standards
i.
Sanitary
Facilities:
No
leaking
or
clogged
toilets, septic system (or connecting sewer line
from house) and components including inspection
port filter.
If present, the conditions must be
corrected. Septic tank pumping is to be performed
as needed.
Electrical pumps and controls are to
be functioning properly.
ii.
Food Preparation and Refuse Disposal:
Refrigerator and range must be fully operational;
each Premises has been assigned a garbage can or
tote and is or will receive scheduled service. No
garbage, trash, etc. is to accumulate on the
Premises.
iii. Space and Security: No broken windows, access
doors are to be secure, locks must function as
intended.
iv.
Thermal/Environmental:
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Adequate
heat
in
Page 8 of 31
the
Premises; baseboard, furnaces, wood or propane
stoves are determined to be safe and functioning as
expected.
v.
Illumination and Electricity: All outlets and
switches work, switch plates are not missing. The
dwelling as a Premises has functional electrical
lighting from room to room.
Porch lights and
security lights, if present, are functional.
vi.
Structure and Materials:
No severe foundation
cracks causing misalignment of foundation or
house;
no
evidence
of
structural
rot
or
deterioration, including floors, walls and roofs.
Insulation is adequate.
vii. Interior Air Quality:
There must be sufficient
ventilation in the dwelling, either by window
vents, bathroom and all house fans; sufficient
height between door and floor to allow air
circulation; proper home maintenance by residents
to prevent mold and mildew.
viii.Water Supply: Each dwelling is to have adequate
water supply.
Any wells to be tested or health
and
safety
prior
to
initial
occupancy
and
periodically potential problems are noted during
periodic inspections. Supply lines dwelling to be
free of any known leaks; water meter coffins to be
evident on site, with functioning meters and
proper covers.
ix.
Lead Based Paint: All HUD-assisted homes managed
by PTHD (currently in our immediate service areas
- Pierce County) were built after 1978 and lead
paint is not present.
Any non-HUD homes built
prior to 1978 worked on by PTHD shall be inspected
and tested for presence of possible lead based
paint and corrected as a condition of any further
work in such Premises under the procedures for
testing and remediation as set forth in the EPA
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Modified on July 17, 2020
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Guidebook--the lead based paint pre-renovation
education rule.
This guidebook is available
through PTHD construction/rehab staff and in the
Director's file with this policy.
x.
Access:
Each dwelling until shall be determined
to have safe access from hazardous obstructions,
such as severely cracked sidewalks, porches, hazardous
trees, trash garbage around access/egress entrances
to the home, and for new homes, windows conforming
to fire code dimensions and distance from floors
for reasonable exit.
xi.
Site, Sanitary Conditions and Neighborhood:
The
Premises and neighborhood shall be free of junk or
in-operative vehicles, and there is to be no trash
or garbage strewn about.
Any active presence of
rodents in or on a housing lot shall be addressed
and
corrective
measures
taken.
Where
young
children are present, concern will be given to
installing speed bumps, speed limit signs, stop
signs and bus shelters when it is included in the
IHA housing plan.
xii. RVs, Trailers, Boats, Boat Trailers, and Tents:
All recreation vehicles, camping trailers, camping
tents, and similar structures or vehicles are
prohibited from PTHD Rental and Homebuyer Premises
without
the
specific
and
advance
written
permission of PTHD. Boats and boat trailers are
prohibited unless they have a current, unexpired
permit from the Tribe.
xiii.Smoke Detectors and Carbon Monoxide Detectors:
Smoke detectors and carbon monoxide detectors
shall be placed in all homes and tested at
scheduled times of inspections.
Any inoperative
detectors shall be made operative or replaced.
Tenants are strictly prohibited from damaging,
removing, or tampering with a smoke detector or
carbon monoxide detector. If a Tenant removes,
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tampers with or damages a smoke detector or carbon
monoxide detector, he or she will be charged with
the costs for replacement, as well as assessed a
fine as determined at the sole discretion of PTHD.
xiv. Interior Walls: Deterioration of walls or holes in
walls
that
allow
drafts
or
prevent
proper
insulation, or create safety or other health
concerns shall be corrected.
This especially
refers to perimeter walls.
xv.
Interior Ceiling:
Deterioration of ceiling or
holes in ceiling that allow drafts, prevent proper
insulation and are attributable to water leaks and
create a safety or other health concern and shall
be corrected.
xvi. Interior Floors: Deterioration of floors resulting
in hazardous "soft" spots due to water damage, rot
or delaminating that will most likely get worse
and that may cause and occupant to break through or
trip,
or
similar
deterioration
under
sinks,
appliances or fixtures and shall be corrected.
This may also apply to vinyl to the extent seams
or wear area cause tripping hazards to occupants.
This may not apply to "worn areas" in floors that
do not present a clear safety hazard.
xvii. Other
Resources:
Homes
built
with
funder
participants other than HUD may have certain
standards that shall be maintained, involving
special fixtures, access for disabled, special
elders needs, energy efficiency, etc., including,
for example, homes constructed under "Evergreen
Sustainable Development Criteria."
In these
instances, these standards will also apply in
addition to the above standards as part of
compliance requirements of the particular funder.
L.
Work Order Procedure
1.
PTHD shall perform all required maintenance or repairs,
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whether it is for Mutual Help Premises, HOPA Premises,
or Rentals , through an approved Work Order.
Tenants
shall request a Work Order in person, or by phone or
fax, and provide the following information:
project
number, unit number, name of head of household, and
description of work to be performed.
Completion of
request for Work Order form will constitute permission
by Tenant for PTHD to enter the Premises.
PTHD will
determine the status of the Work Order (emergency or
routine).
Once PTHD approves the request, then a
maintenance person will be assigned to perform the
work.
Any emergency Work Orders must be immediately
performed to prevent any injury or further damage.
Emergencies will be determined by any condition, which
may threaten the life, safety or health of the
occupants or severely affect the immediate surroundings
of the Premises.
Assigned maintenance staff will
report the labor hours plus material used on the forms
provided.
2.
M.
Upon completion of inspection and review, the Work
Order will be submitted to the Tenant. The Work Order
charges must be paid by the Tenant no later than 30
days after receipt of the Work Order. Payments should
be made to PTHD Resident Services.
Schedule of charges for type of work performed (these
charges are subject to adjustment by PTHD from time-to-time
at
PTHD’s
discretion;
such
adjustments
shall
become
effective upon being posted in the PTHD office):
The following charges shall be assessed on a pro-rated basis
per PTHD staff person carrying out the work, with a minimum
of one hour billed for any work that takes one hour or less
to complete, and broken out into 15 minute increments for
any amount of time over the first hour. For example, if two
staff persons are required to carry out maintenance for 1
hour and fifteen minutes at $25.00/hour, the charge would be
$62.50 ($25.00 per hour per each person for the first hour,
$6.25 for the additional 15 minutes per each person).
1.
Charges for extra painting, cleaning and wall paper
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or decal removal charge: Where the need for painting
all or part (including touch-up) of a Premises exists,
due to abuse or neglect by the Tenant or guests, the
Tenant or guests, the Tenant shall be charged for the
share of the costs attributable to their acts at the
current labor rate, including materials.
In some
cases of severe damage actual total cost shall be
charged and justification attached to the Work Order.
2.
Cleaning and Janitorial: Currently the set hourly rate
is $25.00 and may be reviewed to adjust annually.
3.
Cleaning for Range/Refrigerator:
Currently the set
hourly rate is $25.00 and may be reviewed and adjusted
annually.
4.
Extra
Cleaning/Janitorial:
This
charge
covers
janitorial
cleaning
and
/or
preparation
work
necessitated by Tenant neglect and shall be based on the
actual maintenance time involved at the current labor
pay rate, but no less than $25.00 per-hour.
5.
Removal of Wallpaper/Decal: This charge shall be based
on the actual time involved at the current labor pay
rate, but not less than $25.00 per hour.
6.
Charge Scheduled for Glass Replacement:
Window Glass
replacement charges shall be based on the actual cost of
the glass plus the cost of time involved at the current
labor pay-rate, but no less than $25.00 per hour.
7.
Charges for Cleaning or Replacing Drapes: The charges
for cleaning window covering shall be based on the
actual cost.
This also shall apply to replacement
cost.
8.
Charges for Damage to Dwelling Equipment (ranges, hot
water tanks, refrigerators, baseboard heater(s) and
heaters, etc.):
Because of a great variety of
replacement parts and variations in the extent of
damages that are possible to dwelling equipment, this
charge shall be based on the actual cost of the part (s)
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needed for repair and the actual labor involved at the
current staff maintenance pay rate, but not less than
$25.00 per hour.
9.
Charges for Damage to Building and Fixtures:
Since
this cost cannot be standardized, the cost to repair
the damage shall be based on direct material and labor
cost involved at the current staff maintenance pay
rate, but not less than $25.00 per hour, this includes
items such as glass replacement for light fixtures,
floor tiles, holes in walls, etc.
10.
Charges for Damage Caused by Pets or Assistance
Animals: The charges for repairs resulting from damage
caused by pets or assistance animals shall be based on
the actual cost, including cost to replace items
irreparably damaged.
11.
Miscellaneous Specific Charges:
In general this cost
will be labor plus materials, with these specific
examples of other miscellaneous charges:
i.
Key Charge:
In all instances when a key is lost
and not returned at the time of vacating the unit,
or where an additional key is requested, $10.00
charge.
ii.
Lock Out:
In all instances where assistance is
rendered after working hours.
Charges shall be
actual cost for time and material.
iii. Change Locks: On all occasions when requested by
Tenant, or as a result of a failure to return
keys, charge will be the actual cost of new lock
core(s) or re-keying plus actual labor cost, but no
less than $25.00 per-hour. Provided, however, that
for each successive occasion where the same Tenant
has lost or failed to return keys, PTHD will
charge an additional and increased amount as an
administrative fee. These charges and costs will
be assessed prior to beginning the work.
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iv.
Toilet Stoppage:
Instances where Tenant is
responsible actual cost of replacing any parts
plus actual labor cost, but no less than $25.00
per-hour. (Note - if PTHD staff is required to
work where toilet has over-flowed, Tenant shall
clean surrounding area first).
v.
Flush
Tank
Lid:
All
cases
where
Tenant
responsible for breakage.
Charge: cost shall be
the actual cost plus labor at current pay-rate,
but no less than $25.00 per-hour.
vi.
Sink, Tub, or Basin Stoppage:
All cases where
Tenant is responsible. Charge: cost shall be the
actual cost plus labor at current pay-rate, but no
less than $25.00 per-hour.
vii. Cleaning Furnace:
All cases where this must be
done due to Tenant neglect. PTHD will charge the
actual cost incurred by PTHD for cleaning.
viii. Cleaning Yards: All cases where this must be done
due to Tenant neglect.
Charges shall include
actual time involved at current labor pay-rate,
but no less than $25.00 per hour.
ix.
Lawn Mowing:
Whenever an able-bodied Tenant does
not cut and rake grass and the work must be done
by the PTHD at the rate of $25.00 per-hour, plus
$5.00 fuel charge.
(Does not apply to elders or
disabled when activities are included in the
Indian Housing Plan).
x.
Garbage and Debris Removal: All instances when
left by Tenant, regardless of how much. $25.00 per
hour.
xi.
Removal of Tenant Property to Dump:
All cases when
left by Tenant. Chairs, small tables, small items,
overstuffed chairs, mattresses, box springs, chest
or rockers, davenport, couch, washing machine or
dryer and clothes, or other material left by
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Tenant.
Charge: $25.00
applicable dumping fees.
per
hour,
plus
any
N.
On-Site Orientation and Training: Tenants shall, as a
condition of occupying the Premises, participate in any PTHDprovided on-site maintenance training programs, designed to
train and develop skills to preserve the buildings, health
and safety within PTHD administered properties and programs.
Reasonable notice shall be provided of training
opportunities. Such training may be required for Tenants
with deferred or required maintenance.
O.
METHAMPHETAMINE TESTING, REMEDIATION, AND RELOCATION. PTHD
has adopted a Methamphetamine Contamination Testing Policy
which shall apply to all units managed by PTHD. That Policy
is incorporated herein by reference.
HomebuyerTenant Premises
SECTION III.
RENTAL MAINTENANCE POLICIES
In addition to the general maintenance policies in Section II, the
following maintenance policies shall also apply to Rental Tenant
Premises administered by PTHD.
A.
Rental Tenants shall be responsible for the cost of repairs
or maintenance to the Premises that are the result of
deliberate or reckless acts, negligence, carelessness, or
abuse by Rental Tenants, members of their household,
visitors, of guests, and for the costs of repairs and
maintenance that are not the result of normal wear and
tears.
B.
For the purposes of this Policy, "normal wear and tear"
means deterioration to the condition of the Premises that
occurs without deliberate or reckless acts, negligence,
carelessness, or abuse by Rental Tenants.
While it is
difficult to provide a specific definition of normal wear
and tear that will cover every circumstance, PTHD, in its
responsibility to provide maintenance for normal "wear and
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tear", shall make the determination of whether damage is
normal wear and tear by taking into account the age of the
Premises, the nature of the damage, the length of time
Rental Tenant has occupied the Premises, and whether Rental
Tenant has lived up to his/her responsibilities, as defined
in Section II or as further defined below.
The following
chart sets out a non-exclusive list of comparisons to be
used by PTHD as a guide in making the determination as to
whether a specific maintenance item is the result of normal
wear and tear or is the fault of Rental Tenant:
NORMAL WEAR AND TEAR
DAMAGES
Minor marks on or nicks in
wall.
Holes in wall larger than
nail size (picture hanger)
or excessive nail holes.
Faded, cracked or chipped
paint
Crayon marks, writing on
walls, unapproved paint
color or excessive dirt
requiring more than one
coat to cover
Holes in walls from door
knobs, carelessness,
punching, etc.
Plaster cracks from setting
Loose wallpaper.
Ripped, torn or marked up
wall paper.
Carpeting/curtains slightly
worn or faded by the sun.
Torn, stained or burned
carpeting or curtains.
Rug worn thin by use
Stains or orders in rug
caused by pets, spills or
leaks.
Minor scuffing on wood
floor.
Large gouges or scratches
on wood floor.
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Vinyl flooring worn thin by
use.
Vinyl flooring with tears,
holes or burn marks.
Water stained vinyl
flooring by shower.
Un-cleanable tiles or
grout requiring
replacement.
Stains on old porcelain
fixtures that have lost
protective coating.
Grime coated bathtub or
toilet
Bathroom or other mirrors
beginning to de-silver
(black spots)
Mirrors broken, missing,
or caked with grime.
Toilet running or unstable.
Broken toilet seat or tank
top.
Maintenance Policy
Modified on July 17, 2020
Page 18 of 31
Worn gaskets on refrigerator.
Worn countertops.
Cabinet doors that will not
close all the way due to
settling or standard use.
C.
Broken refrigerator
shelves, trays, bins, or
bars.
Burns or cuts in
countertop.
Greasy, sticky, or
broken cabinets or
interiors.
Loose hinges or door handles.
Damages to door or door
frame from forced entry or
attempted forced entry, or
by intentional contact with
door or frame.
Closet door off track.
Damaged or missing closet
door, door knobs, or
handles.
Slightly dusty blinds.
Missing, broken, or
bent slats on blinds.
Slightly dirty windows or
screens.
Broken windows or torn
or missing screens or
storm windows.
Rental Tenant must abide by the following requirements in
order to maintain the condition of the Premises.
l.
Rental Tenant, members of Rental Tenant's household,
and any guests or other persons under the control of
Rental Tenant will not damage or remove any part of the
Premises or community development. Rental Tenant will
be charged for the cost of repair and restoration to
his Premises for any damage or removal caused by Rental
Tenant, any member of Rental Tenant's household, any
guest of Rental Tenant, or any other person or event
under Rental Tenant's control, and such charge will
become immediately due and owing.
2.
Rental Tenant shall use the Premises as his primary
residence and to pursue only those businesses in the
dwelling or property that are permitted under the law
Maintenance Policy
Modified on July 17, 2020
Page 19 of 31
of nuisance and approved in writing by PTHD.
B.
3.
Where the Rental Premises is a single-family dwelling
(i.e., not part of an apartment complex or other multifamily dwelling) Rental Tenant shall to keep the
Premises clean and sanitary, and to maintain the yard
in front, sides, and/or rear of the Premises in a neat
and orderly manner. Rental Tenant agrees to maintain
the lawn and shrubs by regularly mowing and watering
and to keep the exterior and surrounds clean and neat
without accumulations of litter or garbage.
In the
event the lawn is not maintained by Rental Tenant, the
PTHD will enter in and do maintenance and charge Rental
Tenant the current maintenance service rate.
4.
Rental Tenant shall make regular and proper disposition
of trash and garbage, not display any signs, and not
use the Premises for any illegal or immoral purposes.
5.
Rental Tenant shall ensure proper and sufficient
control of the conduct of all members of the household
and guests while on the Premises.
6.
Rental Tenant shall use reasonable care to keep the
Premises in such condition as to prevent health or
sanitation issues from arising.
7.
Rental Tenant shall use all electrical, plumbing,
sanitary, heating, ventilating, air-conditioning, and
other facilities and appliances which are part of the
Premises, and the property of the PTHD, in a proper,
safe, sanitary, and reasonable manner.
8.
Rental Tenant may not paint any portion of the interior
or the exterior of the Premises.
9.
Rental Tenant shall abide by PTHD's policies and
regulations as they currently exist and as they may be
from time-to-time amended by PTHD.
Non-Routine Maintenance:
If a Premises is extensively
damaged, through no fault of the Rental Tenant, PTHD will
coordinate with the Rental Tenant to relocate the family and
Immediately schedule the Premises for renovation.
Such
damages may occur as a result of fire, floods, wind, damages
by vehicles, explosions, storms, or other uncontrollable
Maintenance Policy
Modified on July 17, 2020
Page 20 of 31
situations. PTHD will determine the safety of the Premises
and amount of damage and take appropriate protective action.
Written reports will be prepared by the assigned Maintenance
Representative for the Director's review to assist in
determining in the appropriate process to repair the
Premises. If damages are determined to be the fault of the
Rental Tenant, PTHD will decide on the appropriate charges,
course of action, and may initiate the Rental Agreement
termination process.
C.
Insurance Claims:
PTHD will be responsible for filing all
insurance claims that are covered in the insurance policy.
Rental Tenants are responsible for security personal
property insurance.
PTHD will insure only the dwelling
unit.
It is the responsibility of the Rental Tenant to
notify PTHD of any damages which could results in an
insurance claim.
D.
Renovations:
PTHD will undertake major renovations when
necessary.
This may include roof repairs, replacement of
floors
and
tiles,
gas,
or
electric
conversions,
installations of new tubs, sink basins, plumbing fixtures,
kitchen cabinet replacements, or other major work.
Rental
Tenants will be provided advance notifications of any
planned renovations and possible relocations.
E.
Structural Changes:
PTHD may change the structure of a
Rental Premises if extensive work or major renovation is
already planned or if it determines that the structural
changes would be beneficial to either the Tribe's or PTHD's
operations
(e.g.
disabled
accessibility
improvements,
redesign of floor plans for practical purposes).
Rental
Tenants shall not make any structural changes.
Rental
Tenants will be provided advance notification of a possible
relocation.
F.
Responsibility of PTHD:
PTHD will be responsible for
maintaining the Premises in a safe condition by performing
regular
inspection,
preventive
maintenance,
conducting
necessary repairs and ensuring the productive and useful
life of the Premises. PTHD is also responsible for the long
term planning of major renovations and modernizations. All
operations will be done in an efficient and prudent manner
for prompt renovation of vacant Premises and for proper
control of manpower and materials. PTHD will coordinate and
maintain
standards
for
customer
service
through
Maintenance Policy
Modified on July 17, 2020
Page 21 of 31
communication and publication of its policy to the rental
occupants.
G.
Preventive and Routine Maintenance Procedures: Based on the
analysis of new construction and inspections of Premises
under management, preventive and routine maintenance will be
provided to minimize the need for costly maintenance at some
future time.
Maintenance personnel will annually plan the
service schedule for heating systems, fire extinguisher,
smoke alarms, refrigerators and appliances, weatherization
items or corrections to the dwelling units or grounds.
Efficient and effective implementation of the preventive
maintenance plan will be required by management.
The
required annual inspection as a part of the PTHD policies
will also dictate special maintenance repair needs.
Once
the needs are identified for a particular Premises, they
will be placed on the "Maintenance Schedule" identifying the
need, who is assigned to perform the work and on what date.
A "Work Order" is also generated for each Premises.
Once
the Work Order is complete, it becomes part of the resident
file documents.
Both PTHD and the Rental Tenant are
required to sign the Work Order, including who is
responsible for payment of the cost.
1.
In the stocking of materials and supplies, maintenance
personnel will utilize PTHD’s Procurement Policy. In
accordance with audit requirements, PTHD will conduct
an annual physical inventory. These procedures will be
part of the routine maintenance scheduling.
2.
Routine Maintenance Items: The PTHD shall provide for
and perform routine, recurring maintenance tasks for
normal wear and tear which include minor repairs and
replacement which are not a result of damage caused by
the Rental Tenant.
Routine maintenance items, e.g.
interior painting, painting of the exterior (if
applicable), replacement of appliances, furnace checks
(if applicable), baseboard heater checks, gas stove,
hot water tanks, basic plumbing and electrical for
example shall be needed but no longer than every five
years. (Life span of appliances is 8+ years).
3.
Emergency Standby Coverage: A standby coverage will be
scheduled and posted. After the normal working hours,
Maintenance Policy
Modified on July 17, 2020
Page 22 of 31
PTHD will assign a Maintenance Representative to serve
on standby status to respond to emergency calls by
Rental Tenants. Such calls may be for broken windows,
broken water lines, power outages, heating problems
during winter, septic backups, or other emergencies
threatening the health and safety of the Rental
Tenants.
H.
Landscaping and Grounds Maintenance:
Rental Tenants in
rental houses/non-apartment Premises will be responsible for
cleaning the lot on which the Rental Premises is located.
Weeds and other rubbish will not be allowed to accumulate.
Inoperative or junk cars will not be permitted on the
grounds.
Any landscaping shrubs, trees, lawns, and other
plants will be the responsibility of the Rental Tenant to
maintain, by performing tasks such as watering, pruning,
mowing and other works.
Rental Tenants in rental
apartments, and qualified elders, are not required to adhere
to landscaping and grounds maintenance policies.
Some
exceptions may be made for elders and disabled residents
whereby PTHD provides these services, as noted above.
I.
Fencing:
If the Premises is not fenced and the Rental
Tenant desires fencing, PTHD may approve the request and the
proposed materials to be installed.
All requests maybe
submitted in writing, with a sketch of the proposed fence
and location on the property. Generally, all purchases and
installation costs of fences will be at the expense of the
Rental Tenant, unless PTHD offers to pay certain costs
because of the health or safety concern, or if a preexisting
fence installed as part of the housing development has
deteriorated and needs repair or replacing. In any event,
PTHD shall become the owner of the improvement.
J.
Pest Control Service: Rental Premises will be treated for
pest control from time to time as needed.
PTHD will be
responsible for securing these services.
Prior to
treatment, Rental Tenant will be notified for scheduling.
If the Premises are badly infested, Rental Tenants may be
required to relocate or participate in preventive training.
Maintenance Policy
Modified on July 17, 2020
Page 23 of 31
During
the
routine
inspection,
the
assigned
PTHD
representative will note the need for additional attention.
Any need to temporarily remove furniture, plants, food, or
pets will be the responsibility of the Rental Tenant. The
cost of the service will be charged to the Rental Tenant,
unless the Housing Advisory Committee directs PTHD to pay,
using the Tribe's Housing Block Grant funds.
K.
Sanitation Service:
All Rental Tenants are required to
dispose of garbage in either receptacles or containers
provided by PTHD, using scheduled garbage service, or by
taking their garbage to a county transfer station.
PTHD
will be responsible for trash pickup services.
Currently,
all residents are signed up for garbage service and pay for
costs monthly, along with their regular containers, and placing
the receptacles on the street curbs on the regularly scheduled
pick up service day.
Burning trash in yards will not be
allowed.
Compliance with ideal and/or tribal environmental
health regulations will be enforced.
SECTION IV.
MAINTENANCE POLICY AND PROCEDURE FOR MUTUAL HELP
PREMISES (1937 ACT PREMISES)
A.
In addition to the foregoing policies providing for the
general
maintenance
responsibilities
for
all
Tenants
(Section II) and the rights of the PTHD to inspect and/or
act in emergency situations to protect the Premises of the
PTHD (Section II of this Policy), the Mutual Help and
Occupancy Agreements (MHOA) set specific requirements on
both
PTHD
and
the
MHOA
Homebuyer
Tenant
regarding
maintenance of Mutual Help Premises.
The MHOA at section
8.4 (a) sets out the MHOA Homebuyer Tenant's maintenance
responsibility in Mutual Help program: "the Homebuyer shall
be responsible for routine and non-routine maintenance of
the home, including all repairs and replacement (including
those resulting from damages from any cause)."
B.
MHOA Homebuyer Tenants are responsible for all routine and
non-routine maintenance and repairs to the Premises and any
appliances provided and installed with the Premises.
The
Maintenance Policy
Modified on July 17, 2020
Page 24 of 31
failure of the MHOA Homebuyer Tenant to provide maintenance
and repairs as required in this Section will be treated as a
breach of their MHOA. If the MHOA Homebuyer Tenant fails or
refuses to provide maintenance and repairs to the Premises
or any appliances provided and installed with the Home, the
PTHD may, but shall not be required or obligated to, provide
and pay for the necessary maintenance and repairs.
If the
PTHD elects to provide or pay for the necessary maintenance
and repairs, the PTHD shall provide the MHOA Homebuyer
Tenant with notice of the amount of any charges for
maintenance and repairs paid for or incurred by the PTHD
under this paragraph and the MHOA Homebuyer Tenant shall
reimburse the PTHD for all such amounts within thirty (30)
days of the notice.
C.
Improvements or Additions:
The MHOA Homebuyer Tenant may
make structural and other improvements and additions to the
Premises so long as they are compliant with PTHD policies;
provided, that the MHOA Homebuyer Tenant must secure the
written consent of the PTHD prior to making any such
improvements or additions.
D.
PTHD must give MHOA Homebuyer Tenants a copy of their annual
inspections and review with them what repairs are necessary.
The PTHD shall not be obligated to pay for or provide any
maintenance of the Mutual Help Premises other than
correction of warranty items reported during the applicable
warranty period. PTHD's NAHASDA Block Grant funds may, in
certain instances, cover items on warranty if work was
performed by PTHD.
The PTHD warranty period is one year.
Section 8.4(b) of the MHOA states:
"Failure of the
Homebuyer to perform the maintenance obligations constitutes
a breach of this agreement and grounds for its termination."
Typical required repairs may include for example replacing
floor coverage for any reason, repairing rotten floors,
replacing toilets, pest control, etc. See also Section II
of this Policy for required repairs and standards.
E.
PTHD's
NAHASDA
Maintenance Policy
Modified on July 17, 2020
Block
Grant
funds
can,
under
certain
Page 25 of 31
circumstances, be used for "moderate" or "substantial
rehabilitation of affordable housing," including Mutual Help
housing. PTHD will determine whether Premises are in need
of moderate or substantial rehabilitation.
F.
For rehabilitation that is not moderate or substantial, or
for any rehabilitation that is required due to MHOA
Homebuyer Tenant's actions or omissions, the MHOA Homebuyer
Tenant is responsible for paying the costs.
The normal
funding alternative mechanism under such circumstances, if
the MHOA Homebuyer Tenant does not have the funds to pay for
the rehabilitation, is a loan from the MHOA Homebuyer
Tenant's Monthly Equity Payment Account (MEPA).
If there
are not sufficient funds in the MEPA, PTHD may carry out the
work if MHOA Homebuyer Tenant enters into a payback or
will-pay agreement.
In order to obtain this kind of
financing, MHOA Homebuyer Tenant must enter into a financial
management classes and pay PTHD 1/3 of earnest money upfront.
Under certain limited circumstances, PTHD may
decide, or may be directed by the Tribe, to use non-HUD
funding (non-program income, Tribal funds, etc.) to assist
MHOA Homebuyer Tenants by subsidizing maintenance and
repairs that do not qualify as "moderate or substantial
rehab."
G.
The PTHD may provide repair training for MHOA Homebuyer
Tenants with the MHOA Homebuyer Tenant only being charged
for parts, in which repairs will be carried out by PTHD (or
by a PTHD contractor) on an MHOA Premises with the MHOA.
H.
Homebuyer Tenant participating or observing.
This repair
training option is conditioned on the MHOA Homebuyer Tenant
whose name appears on the MHOA or a designated household
member age 18 or over, participating in or observing the
training.
The PTHD shall not be liable for any acts
associated with training related work for designees under
the age 19. If the MHOA Homebuyer Tenant or designee is not
present and misses the scheduled training, the MHOA
Homebuyer Tenant shall be charged for parts and labor. The
MHOA Homebuyer Tenant shall be granted forgiveness for labor
charges, if they or their designee miss one appointment in
Maintenance Policy
Modified on July 17, 2020
Page 26 of 31
any given calendar year, but thereafter any scheduled
training for which they do not personally participate during
the year will incur charges for labor. In cases where the
cost of repair is greater than the cost of replacement, the
replacement cost shall apply. In certain instances, a life
cycle has been established and in these instances the MHOA
Homebuyer Tenant shall be charged on the basis of the unused
period. In certain instances, PTHD may elect to grant the
cost of health and safety rehabilitation to low income
elders and disabled and handicapped person in MHOA Premises
who may not otherwise have the resources to maintain the
Premises or make essential disabled access accommodations.
I.
The
following
violations
of
MHOA
Homebuyer
Tenant
Maintenance Policy Responsibilities, may result in PTHD
termination of MHOA agreement, or other remedies:
1.
The MHOA Homebuyer Tenant or any members of the MHOA
Homebuyer Tenant's household fail to comply with all
applicable building and housing codes.
2.
The MHOA Homebuyer Tenant uses the Premises or permits
the Premises to be used for any purpose other than as
the principal residence of the MHOA Homebuyer Tenant
and members of the MHOA Homebuyer Tenant's household.
3.
The MHOA Homebuyer Tenant fails to dispose of
ashes, garbage, rubbish and other waste from
Premises in a sanitary and safe manner.
4.
The MHOA Homebuyer Tenant, any member of the MHOA
Homebuyer Tenant's household, or any guest or other
person the MHOA Homebuyer Tenant permits to be on the
Premises destroy, deface or damage the Premises or any
part of the Premises.
5.
The MHOA Homebuyer Tenant, any member of the MHOA
Homebuyer Tenant's household, or any guest or other
person the MHOA Homebuyer Tenant permits to be on the
Premises by the MHOA Homebuyer Tenant fail to use any
electrical, plumbing, sanitary, heating, ventilating,
Maintenance Policy
Modified on July 17, 2020
Page 27 of 31
all
the
air-conditioning or other facilities or appurtenances
in a reasonable manner.
6.
SECTION V.
The MHOA Homebuyer Tenant fails to provide needed
repairs or necessary maintenance to the Premises or
fails to keep and use the Premises in a clean and safe
condition.
MAINTENANCE POLICY FOR HOUSING OPPORTUNITY PROGRAM
AGREEMENT (HOPA) HOMES
A.
Homebuyers in the Housing Opportunity Program Agreement
(HOPA) Program (HOPA Homebuyer Tenant) shall be responsible
for all routine and non-routine maintenance and repairs to
the Premises and any appliances provided and installed with
the Premises. The failure of the HOPA Homebuyer Tenant to
provide maintenance and repairs as required in this Section
will be treated as a breach of their HOPA Agreement.
If
the HOPA Homebuyer Tenant fails or refuses to provide
maintenance and repairs to the Premises or any appliances
provided and installed with the Home, the PTHD may, but
shall not be required to or obligated to, provide and pay
for the necessary maintenance and repairs.
If the PTHD
elects to provide or pay for the necessary maintenance and
repairs, the PTHD shall provide the HOPA Homebuyer Tenant
with notice of the amount of any charges for maintenance and
repairs paid for or incurred by the PNHA under this
paragraph and the HOPA Homebuyer Tenant shall reimburse the
PTHD for all such amounts within thirty (30) days of the
notice.
B.
Improvements or Additions:
The HOPA Homebuyer Tenant may
make structural and other improvements and additions to the
Premises so long as they are compliant with PTHD policies;
provided, that the HOPA Homebuyer Tenant must secure the
written consent of the PTHD prior to making any such
improvements or additions.
C.
Inspection: The HOPA Homebuyer Tenant shall permit the PNHA
to inspect the Premises being occupied under the HOPA
Agreement in accordance with the policies and procedures of
Maintenance Policy
Modified on July 17, 2020
Page 28 of 31
the PTHD
Policy).
relating
to
inspections
(Section
II
of
this
D.
Access:
The HOPA Homebuyer Tenant shall provide the PTHD
with access to the Premises to cure breaches under the HOPA
Agreement. Upon forfeiture or termination of the HOPA
Agreement the PTHD shall have unlimited and unrestricted
right of access to the Premises.
E.
The PTHD may provide repair training for HOPA Homebuyer
Tenants with the HOPA Homebuyer Tenant only being charged
for parts, in which repairs will be carried out by PTHD (or
by a PTHD contractor) on a HOPA Premises with the HOPA
Homebuyer Tenant participating or observing.
This repair
training option is conditioned on the HOPA Homebuyer Tenant
whose name appears on the HOPA or a designated household
member age 18 or over, participating in or observing the
training.
The PTHD shall not be liable for any acts
associated with training related work for designees under
the age 19. If the HOPA Homebuyer Tenant or designee is not
present and misses the scheduled training, the HOPA
Homebuyer Tenant shall be charged for parts and labor. The
HOPA Homebuyer Tenant shall be granted forgiveness for labor
charges, if they or their designee miss one appointment in
any given calendar year, but thereafter any scheduled
training for which they do not personally participate during
the year will incur charges for labor. In cases where the
cost of repair is greater than the cost of replacement, the
replacement cost shall apply. In certain instances, a life
cycle has been established an in these instances the HOPA
Homebuyer Tenant shall be charged on the basis of the unused
period. In certain instances, PTHD may elect to grant the
cost of health and safety rehabilitation to low income
elders and disabled and handicapped person in HOPA Premises
who may not otherwise have the resources to maintain the
Premises or make essential disabled access accommodations.
F.
The
following
violations
of
HOPA
Homebuyer
Tenant
Maintenance Policy Responsibilities, may result in PTHD
termination of HOPA agreement, or other remedies:
Maintenance Policy
Modified on July 17, 2020
Page 29 of 31
1.
The HOPA Homebuyer Tenant or any members of the
HOPA Homebuyer Tenant's household fail to comply
with all applicable building and housing codes.
2.
The HOPA Homebuyer Tenant uses the Premises or permits
the Premises to be used for any purpose other than as
the principal residence of the HOPA Homebuyer Tenant
and members of the HOPA Homebuyer Tenant's household.
3.
The HOPA Homebuyer Tenant fails to dispose of
ashes, garbage, rubbish and other waste from
Premises in a sanitary and safe manner.
4.
The HOPA Homebuyer Tenant, any member of the HOPA
Homebuyer Tenant's household, or any guest or other
person the HOPA Homebuyer Tenant permits to be on the
Premises destroy, deface or damage the Premises or any
part of the Premises.
5.
The HOPA Homebuyer Tenant, any member of the HOPA
Homebuyer Tenant's household, or any guest or other
person the HOPA Homebuyer Tenant permits to be on the
Premises by the HOPA Homebuyer Tenant fail to use any
electrical, plumbing, sanitary, heating, ventilating,
air-conditioning or other facilities or appurtenances
in a reasonable manner.
6.
The HOPA Homebuyer Tenant fails to provide needed
repairs or necessary maintenance to the Premises or
fails to keep and use the Premises in a clean and safe
condition.
Maintenance Policy
Modified on July 17, 2020
Page 30 of 31
all
the
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.