Puyallup Tribe Housing Department
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Puyallup Tribe Housing Department
Eligibility, Admissions, and Occupancy
Policy
Adopted on: JUNE 5, 2007
REVISED ON: August 28, 2007
REVISED ON: FEBRUARY 5, 2008
REVISED ON: SEPTEMBER 18, 2009
REVISED ON: AUGUST 26, 2010
REVISED ON: NOVEMBER 16, 2010
REVISED ON: MARCH 13, 2012
REVISED ON: August 30, 2012
REVISED ON: August 14, 2013
REVISED ON: August 14, 2014
REVISED ON: October 14, 2014
REVISED ON: July 17, 2020
TABLE OF CONTENTS
Section I.
PURPOSE ........................................ 1
Section II.
GENERAL ......................................... 1
SECTION III.
DEFINITIONS ..................................... 2
SECTION IV.
APPLICATIONS .................................... 4
SECTION V.
ELIGIBILITY ..................................... 7
SECTION VI.
CALCULATION OF INCOME .......................... 17
SECTION VII.
ELIGIBILITY CERTIFICATION ...................... 19
SECTION VIII. WAITING LISTS .................................. 19
SECTION IX.
SELECTION OF APPLICANTS ........................ 24
SECTION X.
VERIFICATION AND CERTIFICATION OF INCOME ....... 26
SECTION XI.
OCCUPANCY STANDARDS ............................ 29
SECTION XII.
DETERMINING CONTINUED ABILITY OF PROGRAM
PARTICIPANT TO REMAIN IN UNIT; REASONABLE
ACCOMMODATION .................................. 30
SECTION XIII. ASSISTANCE ANIMALS............................. 31
SECTION XIV.
USE OF PTHD UNITS .............................. 34
SECTION XV.
INSPECTIONS .................................... 37
SECTION XVI.
COUNSELING ..................................... 39
SECTION XVII. PROGRAM VIOLATIONS............................. 40
SECTION XVIII. OPPORTUNITY FOR CORRECTIVE ACTION ............. 42
SECTION XIX.
PAYMENTS AND COLLECTIONS; INCENTIVES ........... 43
SECTION XX.
GROUNDS FOR TERMINATION AND EVICTION ........... 51
SECTION XXI.
NOTICE OF VACANCY; ABANDONMENT OF UNIT ......... 54
SECTION XXII. LEAVING WITH A DELIQUENCY ...................... 56
SECTION XXIII. MISCELLEANOUS ................................. 57
Eligibility, Admissions, and Occupancy Policy
Modified on July 17, 2020
Page ii
Section I.
PURPOSE
A.
The Puyallup Tribe Housing Department (PTHD) has been
established for the following purposes: to provide
decent, safe and sanitary housing low-income Tribal
members and other Indians; to remedy unsafe and
unsanitary housing conditions that are injurious to the
public health, safety and morals; to alleviate the acute
shortage of decent, safe and sanitary dwellings for
persons
of
low
income;
to
provide
employment
opportunities through the construction, reconstruction,
improvement, extension, alteration or repair and
operation of eligible dwellings; to provide drug-andalcohol-free housing; and to manage and maintain
residential properties that are owned by the Tribe
and/or the Authority for the purpose of providing
housing to Tribal members and the Indian community.
B.
This Policy is a guide for PTHD to use in determining
initial and continued eligibility, admission and
selection of Applicants for various PTHD programs,
and occupancy standards.
C.
This Policy is applicable to all clientele of PTHD,
including but not limited to Applicants, residents,
renters, Homebuyers, and Participants in PTHD's rental
and Homebuyer voucher programs.
In the event of an
inconsistency between this Policy and the specific
policies for specific programs, the terms of the
specific program policy shall govern, unless such terms
are inconsistent with applicable law and regulations.
D.
PTHD is committed to non-discrimination. PTHD shall not
discriminate in the provision of services based on race,
color, gender, sexual orientation, disability, national
origin, or veteran status, provided that PTHD may apply
preference for Puyallup Tribal members and may serve
only American Indians and Alaska Natives, and may
provide preference for veterans.
Section II.
A.
GENERAL
This Policy contains the general provisions for
admissions, eligibility and occupancy for PTHD programs.
Applications from all interested parties shall be
accepted. After determining eligibility, the PTHD staff
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shall place each Applicant on the appropriate waiting
lists for potential renters, Homebuyer Applicants and/or
other programs established by PTHD. Such waiting lists
shall be maintained according to the provisions of this
Policy.
These waiting lists will be used by PTHD in
selecting program participants.
B.
PTHD shall maintain a separate waiting list for each
PTHD program. Applicants will be allowed to place their
name on one or more of the program lists for which they
are eligible.
C.
In addition to the general eligibility requirements
contained in this Policy, Applicants shall also be
required to meet all eligibility requirements
specifically set forth in the Program Policy specific
to each program.
D.
No otherwise qualified individual with a disability
shall solely by reason of his or her handicap, be
excluded from participation in, be denied the benefits
of, or be subject to discrimination under any PTHD
program.
SECTION III.
DEFINITIONS
A.
General:
All definitions provided in the Puyallup
Nation Housing Code shall be applicable to this Policy.
B.
"Applicant" means a family that has applied to
participate as a Tenant in the Low-Income Rental
Program.
C.
“Dependent Adult” means a person who is 18 years of age
or older, and is wholly or partially dependent upon one
or more other persons for care or support, either
emotional or physical.
C.
"Elderly Person" means a person who is at least 62
years of age.
D.
"Gang-Related Activity" means: (1) any gathering of a
group of two or more individuals who share an on-going
relationship and support one other, individually or
collectively, in the recurring commission of delinquent
and/or criminal acts, whether or not they have been
convicted of any criminal or delinquent acts, and
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whether or not they commit such acts on the Premises at
issue; or (2) the presence on the Premises at issue of
any individual or individuals who is identified as a
gang member by a documented reliable informant, or who
is listed as a gang member by any law enforcement entity.
E.
"Homebuyer" means a person(s) who has executed a
purchase
or
lease-purchase
agreement
with
PTHD
(including but not limited to a Mutual Help and Occupancy
Agreement or a Housing Opportunity Program Agreement),
and who has not yet achieved homeownership.
F.
"Indian" means any person recognized as being an Indian
or Alaska Native by any Tribe, or by the government of
the United States.
G.
"Indian Family" is a family residing in a single
household consisting of one or more members who is an
Indian.
A family can be comprised of one or more
persons. However, if the only member of the household
who is Indian is a minor child (or children), to be
considered an "Indian Family," the minor child or
children must reside in the household more than 50% of
the time and, in addition, one of the following
conditions must be met:
1.
the child(ren) are the biological child(ren) of
at least one of the heads of household;
2.
the child(ren) are the legally adopted
child(ren) of at least one of the heads
of household;
3.
at least one of the heads of household has been
appointed as the guardian of the child(ren) by
a court of competent jurisdiction; or
4.
at least one of the heads of household has been
appointed as the foster care provider of the
child(ren) by a court of competent jurisdiction.
H.
“NAHASDA” – The Native American Housing Assistance and
Self-Determination Act of 1996, codified at 25 U.S.C.
§§4101 et seq.
I.
"Near Elderly" means a person who is at least (55) years
of age, and less than 62 years of age.
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J.
“Qualified Individual with Disabilities” – The term
“Qualified Individual with Disabilities” shall have the
same definition as set out in 24 CFR 8.3 for the term
“qualified individual with handicaps.”
K.
"Individual
with
Disabilities"
The
term
"Individual with Disabilities" shall have the same
definition as set out in 24 CFR 8.3 for the term
“individual with handicaps.”
L.
"Program Participant" means a Tenant, Homebuyer, or
other person or family participating in a PTHD program.
M.
"PTHD" means the Puyallup Tribe Housing Department.
N.
"Tenant" means a family participating in the Low-Income
Rental Program by renting a Unit from PTHD.
O.
“Terminated” means an Applicant has been served with a
Notice of Default and Termination, Forfeiture, Notice to
Quit, or other document indicating PTHD’s intent to
terminate the agreement for possessing and occupying a
PTHD unit, even if the Tenant or home owner subsequently
gives up the Unit voluntarily.
P.
"Unit" means any home, apartment, or other dwelling
structure.
SECTION IV.
APPLICATIONS
A.
To be considered for eligibility for any assisted tribal
housing program, all interested Applicants must submit
a completed application packet provided by the PTHD to
the Intake Specialist or Resident Services at the PTHD
office.
Only complete applications will be accepted,
and incomplete applications will be immediately handed
back to the Applicant. Applicants may only be placed
on the waiting list after they have submitted a complete
application packet and have been determined to be
eligible.
B.
Upon
inadvertent
acceptance
of
an
incomplete
application, PTHD will send the Applicant(s) a letter
stating that their application is incomplete, and that
they have 30 days from the date of the letter to complete
their application, or their application and accompanying
material will be destroyed.
The letter will also
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identify what documents or information is needed to
complete their application. PTHD staff will keep a copy
of the letter and proof of service by certified mail in
a separate file. If 30 days has passed since service
of the letter, PTHD staff shall destroy the application
and any accompanying material by shredding, except that
PTHD staff shall retain the letter to the Applicant and
the proof of service on file for three years.
C.
The application is the basic record of each Applicant
applying to receive services through a PTHD program.
Each Applicant is required to provide all information
requested on the application and to sign all necessary
forms, documents, and certifications. All information
provided and/or any statements made by the Applicant are
subject to verification. Intentionally providing false
or misleading information is grounds for automatic
denial of eligibility for all PTHD programs, and grounds
for termination from any program the Applicant has been
admitted to.
D.
Applications shall be considered and units shall
be assigned on a "first submitted - first served"
basis, except as otherwise provided in this
Policy.
E.
All applications shall be date stamped when received and
the time of receipt written next to the date stamp. The
staff member receiving the application shall also place
his or her initials next to the date stamp.
F.
An application form shall be designed by PTHD to
gather enough information to allow a full assessment
of the Applicant family's eligibility, consistent
with federal and PTHD requirements that apply at the
time of submission. The application must include at
least the following information:
1.
Applicant family's annual income;
2.
Tribal affiliation, if any;
3.
The names and ages for all family members living in
the Applicant's household;
4.
Social Security cards for each family member;
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5.
Documentation of preference eligibility;
6.
Verification of U.S. citizenship or eligible
immigration status (PTHD cannot provide services to
non-eligible non-citizens with federal funds);
7.
Credit, Use, and Maintenance History;
8.
Valid Washington State driver's license or other
valid Washington State identification, or a valid
driver's license or other valid identification
from another State;
9.
If Applicant is claiming that his or her spouse is
not a member of the household, acceptable
documentation
from
a
court
of
competent
jurisdiction
demonstrating
divorce
or
legal
separation.
10.
If the Applicant or a member of the Applicant's
household has a disability for which the Applicant
wishes to request an accommodation for, the
Applicant should list the disability and provide
supporting
documentation
to
demonstrate
the
presence of the disability and the accommodations
needed.
G.
The Applicant must certify that all information
contained in the application is true and accurate. The
Applicant is responsible for contacting PTHD and making
any corrections or updating the application if any of
the information contained in the application changes.
H.
Application entries are to be made in ink, indelible
pencil or typed. Entries may be made by computer with
a hard copy documented in the Applicants file.
Corrections or changes shall be made by lining through
the original entry and entering the correct data. Such
changes shall be dated and initialed by the person
recording the change and the reason and the provision of
this Policy that authorizes such changes noted in the
file.
I.
The Applicant is responsible for providing all of the
necessary information and accurately completing the
application as required. Information that verifies all
information
which
affects
eligibility,
family
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composition, selection, priority or preferences, annual
income, Unit size, determination of Homebuyer payments
or rent, and housing need is required.
Failure to
provide current and valid information may be grounds for
a determination that the Applicant is ineligible.
J.
For each Applicant, PTHD shall establish a file
containing all information supplied by the Applicant,
and which must include at least the following material:
1.
Application;
2.
Verification documents including but not limited
to, copies of Washington State I.D., Birth
Certificates,
Tribal
I.D.
or
Enrollment
verification, Income Tax Returns, Pay stubs or work
history print out and other income verification,
and Social Security Cards;
3.
Copy of Certification form signed by Resident
Services, Financial and the Housing Director;
4.
Copies of staff's Notification of Eligibility or
Ineligibility; and
5.
All correspondence and memoranda regarding
the application.
K.
No application fee.
L.
Applicant information shall be verified as
possible after submission of an application.
M.
If unfavorable information is received about the
Applicant during the assessment, consideration shall be
given to the time, nature, and extent of the Applicant's
conduct and to factors which might indicate a reasonable
probability of favorable future conduct.
Staff shall
notify the Applicant in writing of the negative items
found. The Applicant shall be given an opportunity to
respond to any negative information derived from any
source.
SECTION V.
soon
as
ELIGIBILITY
The following eligibility requirements must be met prior to
an Applicant family being placed on a waiting list for any
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PTHD program, and the requirements must also be met at the
time the family is selected from the waiting list to
participate in a particular program.
A.
The Applicant family must be an "Indian Family" as
defined by this Policy, provided that a non-low income
or non-Indian Family may be selected if deemed essential
by PTHD. PTHD must determine that the presence of these
families at the project is essential to the well-being
of Indian families and that the need for housing for the
non-low income/non-Indian Family cannot reasonably be
met without assistance under this Program.
B.
The Applicant family's annual income must be at or below
80% of the median income for the PTHD area, as determined
by HUD, for that size family. The annual income will
be calculated by PTHD according to the information
provided by Applicant, pursuant to the formula set out
in Section VI of this Policy. Exceptions to this
requirement may be made when and where permitted
provided by federal law and approved by the PTHD
Director, after consultation with the Housing Advisory
Committee.
C.
Applicant families who, at the time of application, are:
1.
expecting the birth of
"Pregnant Family"), or
a
child
(hereafter
2.
in the process of adopting a child under the age
of 18 (hereafter "Pre-Adoptive Family"), or
3.
providing care for less than one year for other
children under the age of 18 for which there is
no legal relationship with the child (hereafter
"Caretaker Family"),
shall not include such child(ren) in determining the
family size for the purposes of calculating income
limits for eligibility.
A Caretaker Family may,
however, include a child for whom they have provided
care for over one year, for purposes of calculating
income limits. In determining the appropriate amount of
space required for a Pregnant/Pre-Adoptive/Caretaker
Family, PTHD shall consider the size of the household
with the unborn/adopted/other child(ren) included.
Pregnant/Pre-Adoptive/Caretaker Families shall not be
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eligible to claim the unborn/adopted/other child(ren)
for purposes of including dependents, until after the
child is born or legally adopted or some other permanent,
custodial relationship is established by a court of
competent jurisdiction.
D.
Determining Composition or Size of Household Where There
is a Child Custody Determination.
Where one or more
minor children may reside in more than one household due
to divorce or separation, such children may be considered
to reside in only one of those households for purposes
of determining household size and eligibility.
The
Applicant seeking to claim such children must certify to
PTHD, and provide valid and verifiable supporting
documentation to PTHD’s satisfaction, that a court of
competent jurisdiction has decreed him or her to be the
primary custodial parent. Where such court has decreed
that the parents have joint custody, only one of those
households may claim the children for household
composition and eligibility determination purposes, and
must certify jointly which household may claim the
children.
E.
Ability to Make Minimum Payments
F.
1.
A family applying for any of PTHD's rental programs
must have an income high enough to cover the costs
of the current minimum rent (excluding utilities)
established by the PTHD to cover the PTHD's cost of
operations for its rental units without exceeding
30 percent (30%) of the annual adjusted family
income. At present, that minimum rent (excluding
utilities) is $140/month, but may be changed from
time-to-time by PTHD.
2.
A family applying for any of PTHD’s rental
assistance programs must have an income high enough
to contribute PTHD’s minimum rental contribution
(excluding utilities) toward payment of the rent
without exceeding 30 percent (30%) of the annual
adjusted family income. At present, PTHD’s minimum
rental
(excluding
utilities)
contribution
is
$140/month, but may be changed from time-to-time by
PTHD.
A family applying for any of PTHD's home ownership
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programs must have an income high enough to cover the
total costs of:
1.
The current administrative charge established by
the PTHD to cover the PTHD's cost of operations;
and
2.
The cost of routine and not-routine maintenance
expenses for the life of the lease/purchase
agreement.
PTHD must ensure that the combined total of the above
expenses does not exceed 30 percent (30%) of the annual
adjusted family income.
G.
The Applicant family for a home ownership program must
also demonstrate an ability to maintain its present
level of income. This will be verified by PTHD and may
be satisfied by a written statement from the Applicant's
employer.
If it is not feasible to determine income
potential from an employer, this verification may come
from photocopies of the Applicant's income tax returns
for the three years prior to the first application.
These income tax returns will be kept on file and new
ones shall be submitted each year thereafter until the
Applicant is placed in a unit. Failure to provide the
PTHD with this information shall result in the Applicant
being dropped from the Homebuyer program waiting list.
H.
The Applicant family must be willing and able to meet
all obligations of the housing agreement for the
program(s) for which they apply.
I.
The Applicant family must have a satisfactory credit,
use, and maintenance history as determined by the
following:
1.
Use and maintenance history shall be documented by
two or more landlord references detailing history
of any Unit damage.
2.
Credit history shall be verified by one or all of
the following sources:
a.
Credit reporting agency (PTHD will obtain a
credit report on each Applicant, after he or
she
has
been determined to be income
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eligible); and/or
b.
J.
Two or more landlord references
rental payment history.
detailing
3.
If negative references on either the credit or
use/maintenance history are obtained, PTHD shall
notify the Applicant in writing of the negative
items found.
4.
PTHD may still approve an Applicant who has no
credit history (as opposed to a poor credit
history).
5.
For those Applicants with poor credit history, PTHD
will consider the time, nature and extent of the
past credit problems and the reasonable probability
of future favorable performance by the Applicant.
6.
All Applicants must participate in PTHD's financial
management
counseling
as
a
condition
of
participating in PTHD programs.
7.
If the Applicant does not have any history of
renting and therefore has no landlord references,
or if the Applicant has not credit history or a
poor credit history, the Applicant family shall be
required to enter into a one year (1 year)
probationary agreement as an addendum to any rental
agreement, Homebuyer agreement or any other program
agreement.
Applicant families shall not be:
1.
Current participants in another home ownership
or rental program with another tribe or housing
authority; or
2.
Currently housed in a decent, safe and sanitary
dwelling within the service area of the Puyallup
Tribe, with housing payments within the percentages
of income applicable to tribal assisted housing
programs.
This requirement shall not apply to
Applicant families applying for a PTHD homebuyer or
home ownership program, who are not already
participating
in
another
homebuyer
or
home
ownership program.
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K.
Applicants who have been Terminated from any Indian
tribal housing authority program, PTHD program, or any
other Tribal housing program, and/or who have debt
balances with any Indian tribal housing authority or
other Tribal housing program, will not receive future
housing assistance from the PTHD until those debts have
been paid in full and three years have elapsed since the
termination from the prior program.
The Housing
Advisory Committee however, may waive or modify this
requirement on a case-by-case basis on circumstances as
determined by the Housing Advisory Committee, and
according to such conditions as the Housing Advisory
Committee may in its discretion establish, subject to
subsection S, below.
L.
Applicant families must intend to use the Unit as their
primary place of residence for at least nine months of
the year.
M.
Applicants shall be willing to sign the appropriate
agreement developed and approved by PTHD for the
specific program. All leases/purchase agreements for a
development must be executed prior to execution of the
construction contract.
If the development fails to
proceed, the lease/purchase agreement is subject to
revocation and any contribution will be returned to the
family (or Tribe, or other entity which made the
contribution on behalf of the family).
N.
Applicants for any PTHD program providing rental
assistance cannot be renting the Unit from a member of
the Applicant's or any member of the Applicant's
immediate family, as that term is defined by Puyallup
Tribal law and policy.
O.
Applicants who are Dependent Adults will not be
permitted to occupy a unit on their own, provided that
PTHD has the discretion to allow a Dependent Adult to
occupy a unit on his or her own if PTHD determines based
on a totality of the circumstances that the Dependent
Adult has sufficient support and cognitive ability to
be able to meet his or her responsibilities and not place
him or herself at risk.
P.
Applicants whose habits and practices may reasonably be
expected to have a detrimental effect on other
residents, or on the housing project, will be determined
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ineligible to participate in any PTHD program. The PTHD
Director shall make this determination by considering
the following:
Q.
1.
References from previous landlords;
2.
Criminal records, including but not limited
to conviction and arrest records. Records
shall be requested from the Tribal Court and
Tribal Law Enforcement, National Criminal
Information Center (NCIC), and State and
Local Law Enforcement (such criminal records
shall be kept confidential pursuant to the
requirements and processes set out in
subsection Q, below). The only misdemeanor
criminal activity that would be the basis for
a determination of ineligibility under this
section would be misdemeanors involving
Drug-Related Criminal Activity, violence, or
domestic violence;
3.
Judgments against the Applicant in civil cases;
4.
Restraining and/or protective orders;
5.
Police reports involving the Applicant family;
6.
Any other information that may provide evidence of
the detrimental habits and practices of the
Applicant.
Criminal Records Confidentiality. Any criminal record
(i.e. criminal conviction record information received
from a law enforcement agency) received in order to
administer this policy must be:
1.
Maintained confidentially;
2.
Retained separate from all other housing records;
3.
Kept under lock and key, and be in the custody and
control of the PTHD Director or his or her designee
for such records;
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R.
4.
Accessed only with the written permission of the
PTHD Director or his or her designee and used only
for the purposes allowed under this Policy; and
5.
Must be destroyed once the purpose for which it was
requested is fully accomplished.
Notwithstanding any of the previous conditions, and
without limiting any of those conditions, an Applicant
family will be deemed to be ineligible for any PTHD
program if any one or more of the following is the case:
1.
Any member of the Applicant family failed to repay
any previous debts owed to the PTHD, even if such
debt was subsequently discharged in bankruptcy.
2.
Any member of the Applicant family has been
previously evicted from PTHD housing within the
past three years.
3.
A member of the Applicant family has committed
fraud in connection with any HUD or HUD-funded
program, or has failed to disclose previously
committed fraud in connection with any HUD or
HUD-funded program.
4.
The Applicant family has provided false information
on the application.
5.
The Applicant family has refused or failed to
complete required forms or to supply requested
information. For the purposes of this subsection,
“refused or failed” means not providing the
information to PTHD staff within ten (10) business
days of being requested to do so by staff.
6.
Any member of the Applicant family appears on HUD's
List of Suspensions, Debarments, and Limited
Denials of Participation.
7.
Any member of the Applicant family has a history of
abuse of or damage to units.
8.
Any member of the Applicant family has a history of
abusing or being a nuisance to neighbors.
9.
Any member of the Applicant family has been
convicted of any criminal activity, including but
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not limited to selling or using illegal drugs.
a.
Such Applicant family will not be eligible
until three years have passed from the date
of the offending member's conviction or one
year has passed from end of incarceration,
(whichever was later) where the conviction is
for:
i.
any felony;
ii.
any
Drug-Related
Criminal
Activity
(whether a felony, misdemeanor, or
violation); or
iii.
any misdemeanor crime of
including domestic violence.
violence,
b.
Where the member’s conviction is for any other
misdemeanor or violation not covered by
Section V(Q)(8)(a) or (8)(d) of this Policy,
such Applicant family will not be eligible
until one year has passed from the date of the
offending member's conviction or end of
incarceration (whichever was later).
c.
Where a member of the Applicant family is
currently involved in a pending court case
involving charges of criminal activity, that
family's application shall be suspended until
the court case is resolved. A pending court
case is a case in which there has not yet been
any determination of guilt or innocence. Once
there has been a determination that the member
is guilty, then the ineligibility conditions
and timelines set out in Section V(Q)(8)(a) or
(b) apply. However, if the determination is
that the member is innocent, or the charges
have been dropped; and, provided that the
family member was not found guilty and not
convicted of criminal activity, the family
will be eligible.
d.
If any member of the Applicant family has been
convicted of driving under the influence of
intoxicants, the family will still be eligible
if the member provides documentation within
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 15 of 58
ten (10) business days of PTHD requesting it
demonstrating that he or she is in full
compliance with any court order or stipulation
regarding said conviction. Provided, however,
that if that member has three or more
convictions within the past three years for
driving under the influence of intoxicants,
the family will be ineligible unless that
member is removed from the household.
e.
Upon recommendation of Resident Services
Manager or his or her designee, the Director
may waive the ineligibility period for
misdemeanors or for the remaining period of
probation on a case-by-case basis. The waiver
determination will take into account the
specific circumstances for the waiver, and
must include the following:
i.
the member of the Applicant family was
convicted of a misdemeanor or violation
under Section V(Q)(8)(b);
ii.
the member of the Applicant family is
currently on probation or has completed
probation less than one year ago;
iii. the member of the Applicant family has
completed, to PTHD’s satisfaction, all
required
services,
counseling,
and
treatment;
iv.
there is no restraining order or “no
contact” order in effect against that
member of the Applicant family; and
v.
the Applicant family
agrees to sign a
contract rider, which will include the
provision that the Lease Agreement will
automatically terminate if the member of
the Applicant family is convicted of any
other felony, misdemeanor, or violation.
9.
Any member of the Applicant family is a registered
sex offender.
10.
Any member of the Applicant family is a non-citizen
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 16 of 58
of the United States
immigration status.
and
does
not
have
legal
11.
Any member of the Applicant family participates in
Gang-Related Activity, as that term is defined in
the Puyallup Tribal criminal code, whether or not
such person has been convicted of such activity in
a criminal prosecution.
12.
Any member of the Applicant family is ineligible
for services from the PTHD, pursuant to Section V
of the PTHD Drug and Alcohol Policies (which
ineligibility shall last for a period of three
years, unless such ineligibility is the result of
a positive drug test or failure to submit to a drug
test, which ineligibility shall last for a period
of six (6) months), unless such ineligibility has
been waived pursuant to Section VI of said
Policies.
13.
Other
historical
actions
or
characteristics
determined by the Director to be inappropriate for
participation in PTHD housing programs.
S.
Notice of Ineligibility:
Applicants who have applied
for housing, and who, for any reason, have been
determined to be ineligible will be notified in writing,
the reasons for their ineligibility.
The Applicant
shall be entitled to an informal hearing under the
provisions of the grievance procedures provided in the
PTHD Grievance Procedures Policy.
All information
relative to the rejection of an Applicant shall be
documented and placed in the Applicant's file for future
reference.
T.
Waiver of Ineligibility.
Under certain limited
circumstances, an ineligible Applicant may be granted a
waiver by the Housing Advisory Committee of the
condition(s) rendering him or her ineligible. Certain
eligibility conditions are required by Tribal or federal
law and cannot be waived. The process for requesting a
waiver first involves requesting that PTHD Resident
Services staff review the application to determine if a
waiver is permissible. If the PTHD Resident Services
staff determines that a waiver is permissible, a meeting
will be set with the Housing Advisory Committee to
request the waiver. The burden is on the Applicant to
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 17 of 58
demonstrate that a waiver is appropriate. The decision
to grant a waiver is in the sole discretion of the
Housing Advisory Committee, and the Housing Advisory
Committee’s decision is final.
Ineligible Applicants
who are granted a waiver must execute an addendum to
their lease or Homebuyer agreement acknowledging the
benefit they are receiving and agreeing to certain
conditions of residency in exchange for that benefit.
U.
A household that is denied eligibility pursuant to this
section will be evaluated and, if appropriate, placed
on the list for the PTHD Transitional Housing Program,
once
this
Program
is
developed,
adopted,
and
implemented.
Such family must meet the requirements
established in the PTHD Transitional Housing Program
Policy, and subject to the availability of such housing.
V.
Confidentiality.
PTHD shall keep all Applicant
information confidential, except as required to perform
work-related functions.
SECTION VI.
CALCULATION OF INCOME
PTHD will use the following procedure to calculate the annual
income of an Applicant family for purposes of eligibility, as
well as for determining a family's income for purposes of
calculating the monthly payments to be made by that family,
under the program in which that family is participating.
A.
Annual Income. Annual income is the anticipated total
income from all sources received by each member of the
Applicant family's household in accordance with one of
the following definitions, whichever is the most
advantageous to the Applicant:
1.
Annual income as defined for HUD's Section 8
programs in 24 CFR part 5, subpart F. The list of
federally mandated exclusions shall be used.
2.
Annual income as reported under the census longform for the most recent available decennial
census.
The definition shall be used, not the
dollar amount reported by the family.
3.
Adjusted gross income as defined for purposes of
reporting under Internal Revenue Service (IRS) form
1040 series for individual Federal annual income
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 18 of 58
tax purposes.
B.
If it is not feasible to anticipate a level of income
over a twelve-month period, the income anticipated for
a shorter period may be annualized, subject to a
redetermination at the end of the shorter period.
C.
Any amounts not actually received by the Applicant's
family and any amounts that would be eligible for
exclusion under § 1613(a)(7) of the Social Security Act
may not be considered.
D.
Per capita payments from the Puyallup Tribe must
be reported by the Applicant and will be used in
eligibility determination in accordance with
Federal regulations.
E.
In cases where annual income is seasonal or sporadic, a
three year average of income will be used for the family
member whose income cannot otherwise be determined.
F.
Adjusted Annual Income. Adjusted annual income is the
annual income that remains after excluding the following
from the "annual income" calculated above:
1.
$480 for each dependent, not including a spouse.
2.
$400 for an elderly family (this exclusion will
also be applied to near-elderly families solely for
the purposes of determining the maximum amount of
rent to be charged that household, but not for
eligibility determinations).
3.
The amount by which 3 percent of the annual income
of the family is exceeded by the aggregate of:
a.
Medical expenses for any elderly family;
b.
Reasonable attendant care and auxiliary
apparatus expenses for each family member who
is a qualified individual with handicaps, to
the extent necessary to enable any member of
the family (including the disabled member) to
be employed; and,
c.
Child-care expenses where necessary, to enable
a family member to be gainfully employed or to
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 19 of 58
further his or her education.
4.
The amount of any earned income of any member of
the family who is less than 18 years of age.
5.
Excessive travel expenses, not to exceed $25.00 per
week for employment or educational related travel.
PTHD may request the resident to maintain a mileage
log, or provide receipts to verify this deduction.
SECTION VII.
ELIGIBILITY CERTIFICATION
Once the application is complete, the application must follow
the Eligibility Certification Procedure.
The Eligibility
Certification reviews and verifies that the application
process, supporting documents and income calculation meet the
eligibility requirements, in accordance with the Puyallup
Tribe Housing Code and federal regulations.
SECTION VIII.
WAITING LISTS
A.
PTHD shall establish and maintain a waiting list for
each of the various programs managed and operated by the
PTHD. These lists and the underlying data on which they
are based (date of application, priorities
and
preferences), may be maintained in an electronic data
system and printed out as written lists, so long as the
priorities and preferences set out in this section are
applied as required.
B.
Each Applicant family determined to be eligible to
participate in PTHD programs shall be notified that
their name will be placed on the applicable waiting list
for the program(s) for which they applied.
C.
Eligible
Applicants
shall
be
placed
on
the
appropriate waiting list maintained for the program
for which they have applied. PTHD shall determine,
at its sole discretion, the size Unit for which an
Applicant is eligible.
D.
An Applicant may be on the waiting list for several
PTHD programs at one time, but once selected, that
Applicant must be removed from all other lists, other
than the Homebuyer wait list or the wait list for the
Waller Road units.
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 20 of 58
E.
The application will be dated as of the day it is
certified as complete by PTHD.
All eligible
Applicants shall be placed on the appropriate waiting
list, according to the date of application acceptance
by PTHD, in descending order, with the oldest
application being first on the list.
G.
Process for selection from waiting list.
1.
As soon as practical after PTHD determines that a
Unit will become available for occupancy, the
selection of eligible Applicants from the Waiting
List to occupy PTHD owned or managed units shall be
made, strictly adhering to this Policy, in
accordance with NAHASDA rules and regulations.
2.
The certified eligible Puyallup Tribal member Elder
or Near-Elder (55 years of age or older) Applicant
with the oldest application date on the waiting
list for that size Unit in that program, will be
selected. If there are no Puyallup Tribal member
Elder or Near-Elder eligible Applicants available
on the waiting list for that size Unit in that
program, then the certified eligible Puyallup
Tribal member Applicant with the oldest application
date on the waiting list for that size Unit in that
program will be selected. If there are no Puyallup
Tribal member eligible Applicants available on the
waiting list for that size Unit in that program,
then the non-Puyallup Tribal member Applicant who
is otherwise eligible with the oldest application
date on the waiting list for that size Unit in that
program will be selected.
3.
If two Applicants have the same application date
and are otherwise at the same priority status, the
PTHD shall choose the Applicant with the highest
score according to the Preference Criteria set out
below.
4.
Preference criteria:
Veteran
Elderly
Disabled
Currently paying more than 50% of
adjusted income for housing
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
1 point
1 point
1 point
1 point
Page 21 of 58
Is being involuntarily displaced
1 point
5.
Notwithstanding the preference requirements set out
above, if a Unit that is already configured to
provide for disabled access comes available, first
preference will be given to any Applicant on the
waiting list that has a family member with a
disability that would be accommodated by the
available Unit and that family will be selected and
offered occupancy of that unit. If there are two
or more such families on the waiting list,
preference will be given to the family that has
been on the waiting list for the longest period of
time.
6.
When an Applicant is selected from the waiting
list, he or she must be re-verified as eligible
under the PTHD eligibility guidelines set out in
these policies.
If that Applicant is no longer
eligible, PTHD will then move on and select the
next Applicant on the waiting list.
7.
The Resident Services Manager or designee shall
be
responsible
for
the
notification
of
selection.
8.
This method of selection is intended to ensure that
nepotism, politics and favoritism are avoided
during this process.
9.
Applicants will always be treated in a respectful
manner during the application and selection
process.
10.
The Housing Advisory Committee and PTHD employees
shall avoid any conflict of interest during the
selection and admission process.
11.
An Applicant will be considered to have refused
a Unit that is offered if:
a. The Applicant informs PTHD by any method that
he or she is refusing the Unit; or
b. The Applicant fails to respond to the notice
that the Unit is available within ten (10)
working days of the initial communication of
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 22 of 58
the notice; or
c. The notice that the Unit is available sent to
the Applicant is returned by the postal
service as undeliverable for any reason
whatsoever.
12.
If an Applicant is offered a Unit but refuses,
the following procedures shall apply:
a. Upon the first refusal, PTHD will move on to
the
next
eligible
Applicant,
and
the
Applicant will retain his or her position on
the waiting list.
b. Upon a second refusal, PTHD will move the Tribal
member Applicant to the end of the Tribal member
waiting list, with a new application date as of
the date of the second rejection.
H.
Managing Waiting Lists.
Waiting lists shall
managed according to the following provisions:
be
1.
Waiting lists will be updated on a regular
basis. Waiting lists shall be updated as new
information concerning individual Applicants is
received and verified.
2.
If circumstantial data result in an Applicant being
moved by PTHD from one list (program or Unit type)
to another, there shall not be a change in the date
and time of the application receipt, and that
Applicant shall be placed on the new waiting list
according to the date of the original application.
3.
PTHD shall post the waiting lists in the PTHD office
at least monthly and make the latest waiting lists
available for public inspection upon request.
4.
Each Applicant shall be contacted annually, to
update his or her application, and PTHD shall
reaffirm the Applicant's eligibility, interest and
need for housing. This may be done by mail or by
a documented telephone call.
5.
Any information or data received will become a part
of the Applicant's file record.
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 23 of 58
6.
To remain on the waiting list, Applicants must
inform PTHD in writing of any changes in income,
family composition, or any other information that
would impact the family's eligibility, as they
occur.
7.
If an Applicant provides information demonstrating
a change in circumstances or family size, but the
Applicant remains eligible and is recertified, the
original date of the application shall remain the
same for purposes of the Applicant's placement and
location on the applicable waiting list.
8.
Any Applicant family on a waiting list, that wishes
to be removed from that list, must submit a written
request to PTHD. Otherwise, no eligible Applicant
family will be removed from the waiting list,
except for failure to provide updated information
in accordance with the application guidelines.
9.
The PTHD reserves the right to close the waiting
list for any program, and to suspend intake of new
applications at any time.
PTHD may also set
submission deadlines for participation in any
particular project, program, or funding year.
SECTION IX.
A.
SELECTION OF APPLICANTS
Applicants shall be
following provisions:
selected
according
to
the
1.
The waiting list shall be updated with the latest
eligible Applicants and the Applicant whose name is
at the top of the waiting list for the program and
that size of Unit shall be selected to receive the
unit, provided that Applicant family is still
eligible. Where a member of the Applicant family
is currently involved in a pending court case
involving charges of criminal activity, that
family's application shall be suspended until the
court case is resolved. Once the case is resolved,
and providing that the family member was not
convicted of criminal activity, the family will be
returned to the same position on the waiting list
that they had before.
2.
New Construction Home Ownership Units.
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Applicants
Page 24 of 58
shall be selected for New Construction Home
Ownership Units early in the development process.
It is essential that Applicants be afforded the
opportunity to comment on the planning and design
of the houses.
In addition to the selected
Applicants, PTHD shall select alternate Applicants
from the waiting lists, in case any of the primary
selected Applicants are found ineligible upon reverification. These alternates shall be the next
Applicants on the waiting lists.
However, the
alternates shall be notified that there is no
assurance that a Unit will be available for them
from the current project.
If the alternate
Applicant rejects the offer, the offer shall be
made to the next Applicant on the list, and so on,
until an Applicant accepts the offer. If a Unit
becomes available from the current development
project because a selected Applicant is found to be
ineligible at the time of availability, the
alternate will be selected over other Applicants
higher on the list who rejected the alternate
offer. Final approval of selected Applicants shall
be made by the PTHD Director.
3.
If the selected Applicant requires an Individual
with Disabilities accessible Unit, and the Unit
available is not accessible, all reasonable means
shall be taken to modify the Unit to accommodate
the
needs
of
a
Qualified
Individual
with
Disabilities. The circumstances of each Applicant
shall be evaluated under the PTHD Reasonable
Accommodation
Policy.
If
the
requested
accommodations are not reasonable as determined
pursuant to the Reasonable Accommodation Policy,
the Applicant shall not receive the currently
available unit, but shall remain at the top of the
list.
B.
Notice of Selection. Once the housing Director approves
a selected Applicant, a Notice of Selection will be sent.
The Notice of Selection shall not constitute contractual
obligations by either the PTHD or the Applicant.
C.
Re-verification. The Notice of Selection will indicate
that the Applicant family may sign a lease or
lease/purchase agreement, whichever is applicable, upon
PTHD
re-verification
of
the
Applicant
family's
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 25 of 58
eligibility to participate in the assisted housing
program.
Changes in a family's income or other
eligibility requirements listed in this Policy may
affect the Applicant family's eligibility to participate
in the assisted housing program. For example, if the
Applicant family's income has decreased, it could affect
the Applicant family's ability to meet the obligations
of the home ownership program, therefore making them
ineligible to participate in the program.
Adversely,
if the Applicant family's income has increased, causing
the Applicant to exceed the income requirements, he/she
may still be admitted under the exceptions set out in
this Policy, if applicable.
D.
Rejection of First Unit. An Applicant family may reject
the first Unit offered, and remain at the top of the
list for the next available unit. The Applicant must
notify the PTHD within ten (10) business days after the
Unit was offered. When this occurs, the Applicant next
on the waiting list shall be offered the Unit except for
alternates as provided above and so on until the Unit
is accepted. If the Applicant family rejects a second
unit, the Applicant family shall be placed at the bottom
of the waiting list (if Applicant family is a Tribal
member family, they would go to the end of the Tribal
member waiting list) and the date and time of rejection
of the second available unit shall be considered the new
date of application to that housing program.
In the
event that the Applicant family qualified for a
preference and rejected both selections, PTHD shall deem
the Applicant family's rejection as an indication that
the need for suitable decent, safe and sanitary housing
no longer exists, and therefore the preference shall not
be considered when the Applicant family is placed at the
bottom of the list.
SECTION X.
A.
VERIFICATION AND CERTIFICATION OF INCOME
PTHD shall verify and certify a family's composition and
income prior to approval for admission to any PTHD
program. PTHD shall verify and re-certify the family's
income upon selection for a unit, and annually
thereafter, to assure the family's continued eligibility
for the program, and to determine rent or home buyer
payments. The annual recertification process will also
involve mandated, observed drug-testing for all persons
residing in the Unit who are 18 years or older, as
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 26 of 58
described below.
B.
In order to verify and certify income for eligibility
and/or payments, all adult family members living in the
Applicant's household shall be required to provide PTHD
with appropriate releases of information. Each family
shall furnish information about the amounts and sources
of all household income and produce tax returns,
paycheck stubs and any other evidence of income. The
executed waivers, as well as the other required
information, shall be provided to PTHD within ten (10)
business days of the request from PTHD.
C.
The purpose of annual re-certification of income is to
establish a fair share payment for the family, based
solely on their income.
Program Participants shall
report all changes in family composition, income and
assets as they occur.
D.
If,
in
the
period
between
re-certifications,
circumstances
result
in
the
family
receiving
substantially less or substantially more income than was
projected at the time of the family's previous recertification, an adjustment or interim re-certification
shall be made. Adjustments shall be made on a case by
case basis, and only after a thorough review of the
household's income is completed.
E.
Low rent Tenants shall be notified in writing of any
change in rent or required payments as a result of
recertification.
Increases in rent or Homebuyer
payments shall be effective the first day of the second
month following the notification of the change to the
resident. Decreases in rent or Homebuyer payments are
effective on the first day of the month following
notification of the change to the resident. Changes in
income will not result in an increase in Homebuyer
payments under the HOPA Program.
F.
Verification
follows:
1.
and
certification
procedures
are
as
All statements made by the Applicant family in the
application that may affect the determination of
eligibility or level of payments shall be subject
to verification.
The verification process shall
assure accurate determinations of eligibility and
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 27 of 58
payments, while at the same time respecting the
privacy of the Applicant.
2.
Written certification by the Applicant shall be
sufficient verification of family composition,
displacement, assets, housing conditions and need.
Certification shall be provided by the Applicant's
signature on the application. The only exception
is children involved in Child Protective Services,
or children whose custody is in question. Legal
documents will be required in regards to custody of
the child/children. This same procedure shall be
appropriate for certifying an Applicant's family
composition
and
assets
at
the
annual
reexamination.
3.
All earned income shall be verified at the time of
admission
or
annual
re-examination,
through
employers, W-2 forms, Income Tax Returns, check
stubs, state unemployment records, or other means
to assure accuracy.
4.
Unearned income shall be verified by viewing
checks, certificates of awards, or other means to
assure accuracy.
5.
For those claiming disability as defined in the
Social Security Act, but who are not receiving
Social Security benefits or aid to the permanently
and totally disabled, a doctor's certification as
to degree and possible length of such disability
shall be required.
6.
Third party verification may be used when necessary
to verify earned income, assistance, medical
expenses, and other factors that may be difficult
for the family to document.
Third party
verification may be done by mail or phone, provided
that proper documentation is maintained.
7.
In situations of unpredictable or seasonal
income, efforts shall be made to obtain
verification of previous year's income from
income tax statements, or other documents which
may be available.
If no other means of
verification of income is possible, PTHD shall
accept a statement describing sources and
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 28 of 58
estimated amounts of income certified by the
Applicant.
8.
Documentation
shall
be
maintained
on
all
verifications. For declarations, the appearance of
the statement on an application signed by the
Applicant shall be sufficient. Copies of checks or
a note by the PTHD staff member who reviewed the
document shall be sufficient when documentation is
furnished
by
the
Applicant.
Third
party
verification may be documented by keeping the
written verification or by informal notes that
record telephone contacts.
In all cases the
verification shall be signed by the responsible
PTHD staff member.
9.
As part of the application record, a designated
PTHD staff member shall complete the eligibility or
ineligibility certification on the application.
10.
As part of the re-certification process, each
member of the household 18 years of age or older
will be required to submit to a drug test within 90
days of the annual recertification. The procedure
for the drug test is as follows: at some point
during the 90 day period, the date to be chosen at
PTHD's sole discretion, PTHD will provide 24 hours’
notice to the household that the drug test will be
taken of all members of the household 18 years of
age or older. The drug test will be conducted by
a company selected by PTHD, and the test will be an
"observed" drug test.
If any member of the
household refuses to take the test, or if any member
of the household tests positive for drugs or
otherwise fails the test, the household will be
subject to termination and eviction, per the PTHD
Resident Drug and Alcohol Abuse Policy.
Each
member of the household, including Elders and NearElders, is also subject to “reasonable suspicion
testing” per PTHD’s Drug and Alcohol Policy.
SECTION XI.
A.
OCCUPANCY STANDARDS
In order to prevent overcrowded conditions and wasted
space, the following schedule may be used to assigned
units:
NUMBER OF BEDROOMS
NUMBER OF PERSONS
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 29 of 58
1 BR
2 BR
3 BR
4 BR
5 BR
B.
1-2
1-3
3-6
5-8
7 & up
PTHD may make exceptions to this schedule due to unusual
circumstances. The authority to make such exceptions is
exclusively within the discretion of PTHD. Factors that
may be considered in making such exceptions include age
and gender of children, potential changes in family
composition, availability of Unit sizes, and other
factors
that
PTHD
deems
appropriate
under
the
circumstances.
SECTION XII.
DETERMINING CONTINUED ABILITY OF PROGRAM
PARTICIPANT TO REMAIN IN UNIT; REASONABLE
ACCOMMODATION
A.
PTHD’s mission is to provide safe, sanitary, and
affordable housing to low income Tribal members and other
American Indians and Alaska Natives.
B.
When an existing Program Participant household is no
longer eligible to receive housing services from PTHD
because there is no longer a Tribal member of other
American
Indian/Alaska
Native
residing
in
that
household, PTHD will provide the household three (3)
months grace period to find alternative housing before
being required to vacate.
C.
PTHD is a housing provider and not a provider of health
care or other social or supportive services. Program
Participants are expected to be able to meet their
requirements under their lease or Homebuyer agreements,
and a failure to do so may result in termination and
eviction.
B.
There are occasions, however, where a change in a Program
Participant's circumstances may render the Participant
an Individual with Disabilities who is unable to meet
his or her requirements to remain in the Unit,
particularly in circumstances where the Participant
resides in the Unit by him or herself.
C.
As a condition of accepting funding pursuant to NAHASDA,
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 30 of 58
PTHD is prohibited from excluding Qualified Individuals
with Disabilities from participating in PTHD housing
programs and from discriminating against Qualified
Individuals with Disabilities.
In this context, this
prohibition means that PTHD is required to provide
Qualified
Individuals
with
Disabilities
with
a
“reasonable accommodation,” if available, to allow them
to continue to reside in their unit.
D.
When information comes to PTHD's attention that a
Program Participant's circumstances have changed such
that the Participant may no longer be able to meet his
or her requirements to remain in the unit, PTHD shall
promptly meet with the Participant to inquire as to
whether the Participant needs or would like to request
any accommodation that would enable him or her to remain
in the Unit.
E.
If circumstances indicate, PTHD will also work with the
Participant's family, health care services provider(s),
and any other service providers to determine whether the
Participant is no longer a Qualified Individual with
Disabilities or if any accommodations may be made to
permit the Participant to continue residing in the Unit.
F.
If the Participant is a Qualified Individual with
Disabilities,
PTHD
will
examine
the
requested
accommodations to determine if they are reasonable.
PTHD staff will process the requested accommodation
through PTHD’s Reasonable Accommodation Policy.
G.
If a reasonable accommodation can be made, PTHD will
implement it as soon as practicable.
H.
If PTHD determines that the Participant is not a
Qualified Individual with Disabilities or that a
reasonable accommodation cannot be made to enable the
program Participant to remain in the Unit, PTHD will
take such steps as are necessary to transition the
Participant out of the Unit, and to terminate his or her
participation in the PTHD program.
Such steps may
include working with the Participant's family, health
care services provider(s), and any other service
providers to assist with the transition.
SECTION XIII.
ASSISTANCE ANIMALS
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 31 of 58
A.
B.
Definitions.
For purposes of this Section,
following terms shall have the following meanings:
the
1.
“Assistance Animal” means an animal that works,
provides assistance, or performs tasks for the
benefit of an Individual with Disability, or
provides emotional support that alleviates one or
more identified symptoms or effects of a person’s
disability.
2.
"Individual with Disabilities" - The term
"Individual with Disabilities" shall have the
same definition as set out in 24 CFR 8.3 for the
term “individual with handicaps.” Individual with
Disability
Reasonable
Accommodation
Assistance Animal.
1.
Regarding
Request
for
Upon receipt for a reasonable accommodation to
possess an Assistance Animal in a dwelling Unit,
PTHD staff will evaluate the request using the same
principles
applicable
to
all
reasonable
accommodation requests. Specifically, PTHD staff
shall consider the following:
a.
Is the person seeking to use and live with the
animal deemed an Individual with Disability?
b.
Does the person making the request have a
disability-related need for an Assistance
Animal? In other words, does the animal work,
provide assistance, perform tasks or services
for the benefit of a
Individual with
Disability, or provide emotional support that
alleviates one or more of the identified
symptoms or effects of a person's existing
disability?
2.
If the answer to question (1) or (2) is "no," then
PTHD is not required to make a modification to its
existing policy regarding pets, and the reasonable
accommodation request may be denied.
3.
Where the answers to questions (1) and (2) are
"yes," PTHD is required to modify or provide an
exception to its existing policy regarding pets to
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 32 of 58
permit a Individual with Disability to live with
and use an Assistance Animal(s) in all areas of the
Premises where persons are normally allowed to go,
unless doing so would impose an undue financial and
administrative burden, or would fundamentally alter
the nature of PTHD’s services.
4.
5.
C.
The request may also be denied if:
a.
The specific Assistance Animal in question
poses a direct threat to the health or safety
of others that cannot be reduced or eliminated
by another reasonable accommodation,
b.
The specific Assistance Animal in question
does not have the required vaccinations
necessary to ensure the health and safety of
others, or
b.
The specific Assistance Animal in question
would cause substantial physical damage to the
property of others that cannot be reduced or
eliminated
by
another
reasonable
accommodation.
A determination that an Assistance Animal poses a
direct threat of harm to others or would cause
substantial physical damage to the property of
others must be based on an individualized
assessment that relies on objective evidence about
the specific animal’s actual conduct, not on mere
speculation or fear about the types of harm or
damage an animal may cause and not on evidence about
harm or damage that other animals have caused.
Prohibitions.
1.
PTHD cannot require an Assistance Animal to be
individually trained or certified.
2.
Breed, size, and weight limitations may not be
applied to an Assistance Animal.
3.
Conditions and restrictions that PTHD apply to
pets may not be applied to Assistance Animals,
including but not limited to the payment of a pet
deposit. However, if an Assistance Animal causes
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 33 of 58
damage to the Unit or the common areas of the
dwelling, PTHD may charge the Program Participant
for the cost of repairing the damage (or deduct
it from the standard security deposit imposed on
all Program Participants).
D.
Documentation.
1.
PTHD may ask persons with disabilities that are not
readily apparent or known to PTHD, to submit
reliable documentation of a disability and their
disability-related need for an Assistance Animal.
2.
If the disability is readily apparent or known, but
the disability-related need for the Assistance
Animal is not, PTHD may ask the individual to
provide documentation of the disability related
need for an Assistance Animal.
3.
PTHD may not ask a Program Participant or Applicant
to provide documentation showing the disability or
disability-related need for an Assistance Animal if
the disability or disability-related need is
readily apparent or already known to the provider.
4.
PTHD also may not ask an Applicant or Program
Participant to provide access to medical records or
medical providers or provide detailed or extensive
information or documentation of a person's physical
or mental impairments.
SECTION XIV.
USE OF PTHD UNITS
A.
Program
Participants
and
the
PTHD
are
jointly
responsible to the Tribe and future generations for
ensuring that PTHD assisted Units are used properly and
are well maintained, consistent with applicable program
regulations.
B.
It shall be the responsibility of each Program
Participant to show respect for the Units provided by
PTHD, and appreciation for the low housing cost, by
keeping the Unit and grounds in a decent, safe and
sanitary condition at all times.
C.
When
the
need
for
maintenance
arises,
Program
Participants shall inform the PTHD as provided in
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 34 of 58
applicable program regulations
lease/purchase agreements.
and
the
lease
or
D.
Instances of serious abuse or misuse of the Unit
(including but not limited to damaging, defacing,
vandalizing, destroying or removing part of the Unit),
or failure to provide basic routine or non-routine
maintenance as provided in the specific program policy,
lease or lease/purchase agreements shall be sufficient
cause for termination from the PTHD program.
E.
Participants in PTHD programs shall use their Unit as
their principal residences during the term of the lease
or lease/purchase agreement for at least nine months out
of the year.
A Program Participant may own or use a
residence other than the PTHD Unit, but only if permitted
under the applicable program policy. Failure to use the
Unit as the primary residence may disqualify a Program
Participant from the program.
F.
Pets: No pets are allowed in rental Units unless written
permission is granted by the PTHD.
1.
Written permission may only be provided to rental
Tenants who are Near Elderly and Elderly, for a pet
that does not weigh more than 25 pounds and that is
up-to-date on its vaccinations (with written
confirmation of same to be provided to PTHD).
2.
Any Program Participant who is authorized by PTHD
to keep a pet on his or her Premises must submit a
non-refundable pet deposit, the amount of which
will be assessed based on a sliding scale between
$50 to $290, based on the income of the Program
Participant.
This amount is not transferable if
the Program Participant moves to another Unit; a
new pet deposit will be required for the new Unit.
The pet deposit applies to dogs and cats but could
apply to other animals that are not caged. It does
not apply to birds, fish in aquariums, or other very
small pets kept in cages, such as hamsters or
gerbils and on the condition that the pets are not
allowed to run loose.
3.
No dog commonly referred to as a "dangerous breed"
dog as classified by the Insurance Information
Institute shall be permitted in any Units (whether
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 35 of 58
rental or Homebuyer) owned or managed by PTHD.
4.
If PTHD determines the pet is creating an unsafe
and/or unsanitary condition for Premises or the
grounds, the Tenant will be required to move the
pet from the premises. If the pet threatens the
safety of the neighborhood, PTHD shall inform the
Tenant to immediately remove the pet from the
Premises.
5.
All dogs will be on a leash or secure in a fenced
area; they are not allowed to run loose. Tenants
will not maintain cats or dogs for breeding
purposes.
The Tenant will be warned only once
regarding the need to get rid of the problem pet;
thereafter,
appropriate
Tribal
and/or
local
agencies will be contacted and termination of the
Rental Agreement or Homebuyer Agreement may be
initiated.
6.
Livestock and wild game will not be considered
“pets” and will not be permitted in any PTHD unit
for any purpose.
7.
Any Program Participant who is found to be in
violation of the requirements of this section will
be assessed in an amount of $75.00 per day for each
violation.
8.
This section does not apply to “Assistance
Animals,” which are governed by Section XIII of
this Policy.
G.
Smoking. Smoking is prohibited inside any PTHD Unit.
Smoking is permitted out of doors in common areas, but
failing to dispose of cigarette butts and other litter
in appropriate trash receptacles is strictly prohibited.
Failure to properly dispose of cigarette butts or other
litter will subject the Program Participant to clean up
fees charged by PTHD.
H.
Program Participant may not make any modifications or
alterations to the Unit. If Tenant makes modifications
without PTHD's written approval, such modifications must
be removed at Tenant's expense.
If PTHD removes the
modifications, the cost of such removal will be
immediately due and owing by Program Participant to
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 36 of 58
PTHD.
I.
Program Participant shall not erect any aerial, antenna
or TV dishes on the exterior of the Unit without written
permission of PTHD.
Program Participant will not
install or have installed any additional wiring on the
exterior or interior of the Unit for telephones,
televisions or any other electrical appliances without
the express permission of PTHD.
Electrical or
communications equipment of any kind that interferes
with neighboring Tenants or residents are not allowed.
J.
Program Participant may not install any window brackets
or rods, additional locks on any of the interior or
exterior doors or install cameras. Program Participant
may not re-key any of the locks. Program Participant
may have keys provided by PTHD duplicated by a licensed
locksmith, but all keys must be given to PTHD if Program
Participant vacates the Unit.
K.
Program Participant must also abide by any other use
restrictions specific to the PTHD program.
L.
Sublease/Assignment/Transfer
Generally
Prohibited.
Program Participants may not sublease, assign, or
otherwise transfer their interest in any Unit, except
where specifically permitted under the policies for the
specific program in which they are participating.
M.
Guests.
Program Participants are permitted to have
overnight guests stay in their Premises, with the
written permission of PTHD. Program Participants must
provide information regarding the potential overnight
guests to PTHD, who, at the discretion of PTHD, may
carry out a background check to determine whether the
person is suitable to be on PTHD grounds. No overnight
guest may stay in a Program Participant’s Premises for
more than fourteen (14) days cumulatively, over the
course of a calendar year.
N.
Program Participants and members of their households,
guests, and persons under their control are prohibited
from planting, propagating, cultivating,
growing,
harvesting, manufacturing, compounding, converting,
producing, processing, or preparing marijuana or any
other controlled substance (as that term is defined in
Section 102 of the Controlled Substances Act (21 U.S.C.
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 37 of 58
§ 802)) in a PTHD Unit or on PTHD property.
SECTION XV.
INSPECTIONS
A.
All Units owned, operated, and/or managed by PTHD are
subject to the inspection requirements of this Section,
as well as the inspection requirements of the specific
program policy.
B.
Program Participants are obligated under this Policy to
participate in pre-occupancy, annual, pre-move out and
final move out inspections.
Failure of a Program
Participant to participate in the required inspections
may result in termination of the Program Participant's
participation in the PTHD program.
1.
Pre-Occupancy Inspections: Prior to the move in or
no later than the date of occupancy, the Program
Participant and PTHD will conduct a pre-occupancy
inspection to document the existing condition of
the Unit. The pre-occupancy inspection will become
part of the Program Participant's file, and will be
used for future reference, should the rental
agreement be Terminated.
2.
Inspections During First Year of Occupancy. During
a Tenant’s first year of occupancy of a Unit, PTHD
will conduct inspections as needed, as determined
at PTHD’s discretion, but not less than once every
three months.
3.
Annual Inspections: After a Tenant’s first year of
occupancy of a Unit, PTHD will conduct an
inspection of each Unit at least once annually, and
more often if deemed necessary by the PTHD
Director, to ensure that such Unit is being
properly used and maintained.
The annual
inspection also documents the condition of the Unit
for the Program Participant's file, and provides
PTHD with a basis for providing counseling on Unit
use or routine maintenance.
4.
Pre-Move Out Inspection:
The pre-move out
inspection is scheduled at the time the Program
Participant gives PTHD a thirty (30) day notice of
intent to move out and terminate participation in
the PTHD Program. The pre-move out inspection is
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 38 of 58
conducted to provide the Program Participant with
assistance in maintenance items that are required
to be repaired/replaced or cleaned prior to the
Program Participant vacating the Unit. PTHD will
perform an inspection of the Premises whenever it
takes action to terminate a rental agreement. The
Premises may be inspected prior to the Program
Participant moving out.
5.
Final Move-Out Inspection:
The final move-out
inspection documents the condition of the Unit at
the time PTHD regains possession of the Unit. Any
items needing repair or replacement beyond "normal
wear and tear," or cleaning, will be documented for
the PTHD file.
D.
Decent, Safe and Sanitary Conditions: Notwithstanding
any other provision of this or any other PTHD Policy,
PTHD has the right and obligation to make inspections
of a Unit at any time, with prior notification to the
Tenant/Program Participant, if PTHD has reason to
believe that part of the interior or exterior of the
Unit is not maintained in a decent, safe, clean and
sanitary condition.
Notification will be in writing,
allowing the Program Participant at least 2 days prior
notice of the inspection.
E.
PTHD shall have the right to enter the Unit without
prior notice to Program Participant if PTHD reasonably
believes that an emergency exists which requires
entrance.
F.
All Units shall be subject to methamphetamine testing
as part of the move-in process, as well as for any
Tenant requesting a transfer from one PTHD Unit to
another, as described in the PTHD Methamphetamine
Contamination Testing Policy.
Program Participants
will be required to sign a consent to have their
personal belongings tested for methamphetamine under
certain circumstances.
SECTION XVI.
A.
COUNSELING
Each Program Participant is required to participate and
cooperate
fully
in
all
official
pre-occupancy
counseling, as well as counseling activities during
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 39 of 58
occupancy. Failure, without good cause, to participate
in the counseling program may result in termination of
the
program
Participant's
eligibility
for,
and
participation in, the PTHD Program.
B.
Pre-Occupancy Counseling: The pre-occupancy counseling
session takes place prior to execution of the applicable
program agreement. This session informs the Applicant
of the PTHD Program requirements and procedures, and
provides instruction on the proper use of appliances and
equipment.
Specifically, the rental agreement is
reviewed, and PTHD will answer any questions to ensure
that the program participant understands and accepts
his/her responsibilities. Pre-occupancy counseling will
also be required for any Tenant transferring from one
Unit to another Unit.
C.
Counseling
During
Occupancy:
Counseling
during
occupancy includes one-on-one or group sessions on
Program requirements, use, maintenance, and budget and
financial counseling.
1.
Program counseling ensures that the Program
Participants
are
fully
aware
of
their
responsibilities under the Program. The Program is
reviewed by the Program Participant, and with a
PTHD
staff member
available to answer any
questions.
2.
Use
and
maintenance
counseling,
including
instructions on proper use of appliances and
equipment, is provided to the Program Participant
upon request and/or when it becomes evident that a
Program Participant is not properly using or
maintaining the unit.
3.
Program Participants will be required to attend
budget and financial counseling. Such counseling
provides realistic budget and financial advice
within the Program Participant's income and
required expenditures.
SECTION XVII.
A.
PROGRAM VIOLATIONS
Program Participants commit a Program Violation by
committing any of the following, or when any child,
member of the Participant's household, guest, or other
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 40 of 58
person under Participant's control commits any of the
following (whether or not Participant is aware of the
activity):
1.
Failing to submit
timely manner.
requested
verification
in
a
2.
Failing to provide verification of social security
numbers by providing a copy of social security
card.
3.
Failing to complete recertifications.
4.
Failing to report changes in income and/or assets
of household members within ten (10) business days
of the change taking place.
5.
Vacating the Unit in violation of the
applicable program agreement and Policy.
6.
Failing to use or maintain the Unit as required
under the applicable program agreement and Policy.
7.
Conducting themselves personally, or permitting
members of the household, or any guests or any other
persons under their control to conduct themselves
in a manner that:
a.
Is criminal activity, including
Related Criminal Activity;
b.
Is disruptive of their neighbors' right to
"quiet enjoyment" of their units (PTHD will
maintain a record of all complaints);
c.
Is activity that threatens the health and
safety of, or right to peaceful enjoyment by,
other residents or employees of PTHD (PTHD
will maintain a record of all complaints);
d.
Is activity that threatens the health and
safety of, or right to peaceful enjoyment by,
persons residing in the immediate vicinity of
the Premises;
e.
Is Gang-Related Activity (as such activity is
defined in this Policy and/or as it may
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Drug-
Page 41 of 58
hereafter be defined in the Puyallup Tribal
Code);
f.
Involves driving under the influence of
intoxicants, provided that the household will
not be evicted if the member provides
documentation within ten (10) business days of
PTHD requesting it demonstrating that he or
she is in full compliance with any court order
or stipulation regarding said conviction.
Provided further, however, that if that member
has three or more convictions within the past
three years for driving under the influence of
intoxicants, the family will be evicted unless
that member is removed from the household.
g.
A household that is evicted pursuant to this
section will be evaluated and, if appropriate,
placed on the list for the PTHD Transitional
Housing
Program,
once
this
Program
is
developed, adopted, and implemented. Provided
that such family must meet the requirements
established in the PTHD Transitional Housing
Program
Policy,
and
subject
to
the
availability of such housing.
8.
Failing to make payments required under
applicable program agreement and Policy.
9.
Failing to abide by the terms and conditions of any
applicable program agreement or any applicable PTHD
policy.
10.
Failing
to
abide
by
all
applicable
legal
requirements for possession of any firearms, and
failing to register any firearms present in the
Premises with PTHD.
11.
Knowingly allowing a registered sex offender into
their Premises no matter what the duration of time
such person is on the Premises.
12.
Using a PTHD Unit for a purpose prohibited by
Section XIV of this Policy.
13.
Violating other PTHD Policies, including but not
limited to the PTHD Drug and Alcohol Policies.
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
the
Page 42 of 58
B.
C.
Program Participants commit a Fraudulent Crime Violation
by:
1.
Knowingly omitting income or assets of self
or household members.
2.
Knowingly under reporting income or assets of self
or household members.
3.
Transferring income or assets
retain false eligibility.
4.
Overstating deductions, allowances or expenses.
5.
Using a false identity or false social security
number.
6.
Using false documents.
7.
Falsifying the number of household members, etc.
to
obtain
or
Participants in any PTHD program providing rental
assistance may not be renting from an Immediate Family
Member of any person residing in the Participant's
household. The phrase "Immediate Family Member" is to
have the definition used in Puyallup Tribal law and
policy.
SECTION XVIII.
OPPORTUNITY FOR CORRECTIVE ACTION
A.
Program Violations and Fraudulent Crime Violations
are grounds for termination and eviction of the
Program Participant.
However, at PTHD's sole
discretion, if the circumstances warrant, PTHD may
provide Program Participant an opportunity to take
corrective action consistent with this Section.
B.
When the PTHD becomes aware of a violation(s) and
determines that it is appropriate to provide Program
Participant an opportunity to take corrective action,
PTHD shall notify the Program Participant of the
violation in writing.
C.
If possible, PTHD will work with the Program Participant
to develop a work plan to correct the violations. The
PTHD will also provide counseling as appropriate and
provide an opportunity for an informal hearing on the
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
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matter as appropriate.
D.
If corrections are not possible or if the circumstances
do
not
warrant
permitting
Program
Participant
opportunity to correct, the PTHD may proceed directly
to
termination
of
the
Program
Participant's
participation in the PTHD program, as provided in this
Policy, the applicable program agreement and policy, and
the Puyallup Tribal Housing Code, Subchapters 6 and 7.
SECTION XIX.
PAYMENTS AND COLLECTIONS; INCENTIVES
A.
This section, and the procedures set out herein, are
intended to be implemented in concert with the
applicable program rental agreement or Homebuyer
agreements (Mutual Help, HOPA).
The purpose of this
section is to inform Program Participants of the PTHD
guidelines for the collection of rent, Homebuyer, and
other payments. The objective of these procedures is to
collect the amounts owed to the PTHD, and to ensure the
continuation
of
adequate
housing
services
while
providing for the safety and well-being of residents.
B.
Utilities. Tenants are required to maintain and ensure
the continued provision of utilities to their Premises,
including
water,
electric,
garbage
pickup,
and
wastewater sewage. Failure to do so will be considered
a program violation and may result in termination and
eviction.
C.
Due Date:
1.
Rent and Homebuyer payments are due on or before
the first day of each month.
2.
Fees for utilities and fees from work orders and/or
maintenance are due on the first day of the month
following the date the Program Participant is
invoiced for such charges.
3.
A late fee will be charged if any balance remains
on the Program Participant’s account according to
the following:
a.
Tenants: after the 10th day of the month, for
rent, utility fees, and/or maintenance fees.
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 44 of 58
D.
b.
Homebuyers: after the 10th day of the month,
for Homebuyer payment, utility fees, and/or
maintenance fees.
c.
Work Order Fees: Tenants and Homebuyers must
make full payment on any work order no later
than 30 days after receipt of the work order
from PTHD.
d.
Failure to make payment by the 30th day after
rent or Homebuyer payments, utility fees, work
order fees, and/or maintenance fees are due
will be grounds for termination and eviction
(or a Declaration of Forfeiture for HOPA
agreements).
Where and How to Make Payments
1.
Rent, Homebuyer, and other payments and fees due
to PTHD may be made at: PTHD administrative offices
located at 2806 E. Portland Avenue, Suite 200,
Tacoma, WA 98404; placed in a drop box located at
PTHD; or, sent by mail to the address provided
above. Cash should not be placed in drop box or
sent by mail. (Note: the PTHD is not responsible
for cash payment placed in drop box or sent in by
postal service.)
2.
Payments may be made by cash, money orders or
personal checks.
3.
Program Participants shall be strongly encouraged
to participate in employer payroll deduction
programs, so that rent and Homebuyer payments are
automatically paid each month.
4.
The amount of monthly rent, Homebuyer payments and
late fees are defined in the applicable rental
agreement and/or Homebuyer agreement.
5.
Where a Program Participant (whether a Tenant or
Homebuyer) takes possession and occupancy of a Unit
after the first day of the month, that Program
Participant shall make a pro-rated rent or
Homebuyer Payment (whichever is appropriate) to
PTHD, for that first month's possession and
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
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occupancy, based on the number of days he or she
will actually possess and occupy the Unit for that
month.
E.
Partial Payments:
When a PTHD Program Participant
presents credible evidence clearly demonstrating an
inability beyond his or her control to make full payment,
the PTHD, in its sole discretion, may accept partial
payment. Program Participants are responsible for
notifying PTHD prior to the first day of the month if
they will be unable to make the full monthly payment
when due, and for requesting an informal resolution with
the PTHD to make partial payments. Late fees will be
applied to any remaining balance due after the due date.
F.
Late Payment Fees.
1.
Program Participants are expected to pay monthly
rent or Homebuyer payments by the first of every
month.
2.
Program Participants are expected to pay fees for
utilities, and fees from work orders and/or
maintenance, within thirty (30) days of the date
the Program Participant is invoiced for such
charges.
3.
PTHD will assess a late fee on any resident who
makes only a partial payment, or who fails to make
any payment by the date due.
4.
a.
Tenants. A ten (10) day grace period is given
to Tenants. If full payment of monthly rent,
utility
fees,
work
order
fees,
and/or
maintenance fees is not made within ten (10)
days of when it is due, PTHD will assess a
late payment fee of $50.00. The late payment
fee will be due immediately.
b.
Homebuyers. A five (5) day grace period is
given to Homebuyers.
If full payment of
Homebuyer payments, utility fees, work order
fees, and/or maintenance fees is not made by
the 10th of the month, PTHD will assess a late
payment fee of $50.00. The late payment fee
will be due immediately.
If payment is not made within ten (10) days of the
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 46 of 58
due date,
the
immediately.
5.
G.
H.
late
payment
fee
will
be
due
Upon the recommendation of the Resident Services
Manager or his or her designee, the Director shall
have the ability to waive any assessed late fee on
a case-by-case basis.
Checks with Insufficient Funds (NSF Checks)
1.
Presenting PTHD with a check with insufficient
funds (NSF check) is not considered payment, and if
full payment is not made by the required date, the
late fee will be charged. In addition, due to the
fact that PTHD incurs administrative costs in
processing NSF checks, the Program Participant will
be charged an administrative fee in the amount of
$50 each time PTHD has to process an NSF check.
2.
Any Program Participant who presents PTHD with two
NSF checks over any period of time, will no longer
be permitted to make payment by check, and any check
for payment received after that time will be
returned, and it will not be considered payment.
Allocation of Payments
Where a Tenant owes PTHD for unpaid rents, work order charges
or other charges assessed, payments made to PTHD by the Tenant
shall be applied in the following order:
I.
1.
Unpaid work order charges.
2.
Unpaid rent arrearages.
3.
Current month’s rental payment.
Timetable for Notice of Payment Delinquency
1.
Keeping track of payments is the responsibility of
each Program Participant. Payments are due without
demand or notice. Failure to make timely payments
will result in the assessment of a late fee and,
where applicable, termination of the pertinent
rental or Homebuyer agreement. The notices to be
sent out pursuant to this section are a courtesy
by PTHD, to inform the Program Participant that he
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 47 of 58
or she is delinquent on a payment due. A failure
by PTHD to send such a notice will not remove the
delinquency or abate the late charge.
2.
Notice of Payment Delinquency:
a.
b.
PTHD will send a Notice of Payment Delinquency
by regular mail if:
i.
For Tenants: after the 10th day of the
month, Tenant does not make full payment
for rent, utility fees, work order fees,
and/or maintenance fees; or
ii.
For Homebuyers: after the 10th day of the
month, Homebuyer does not make full
payment for Homebuyer payment, utility
fees, work order fees, and/or maintenance
fees.
This notice will contain the following:
i.
The date of the notice.
ii.
The date the rent, Homebuyer payment, or
other charges or fees were due.
iii. The total amount owed, including the late
payment fee.
J.
Notice of Termination, Notice to Comply or Quit, or
Notice of Intent to Forfeit.
1.
If rents or Homebuyer payments are not paid by the
30th day of each month, the PTHD shall send a Notice
of Termination/Notice to Comply Or Quit (for
Tenants and for MHOA Homebuyers) or a Notice of
Intent to Forfeit (for HOPA Homebuyers).
2.
Per Puyallup Tribal Code 6.01.610(f), each "Notice
to Terminate/Notice to Comply or Quit" (for Tenants
and MHOA Homebuyers) or "Notice of Intent to
Forfeit" (for HOPA Homebuyers) shall contain
substantially the following language:
PTHD hereby gives you notice that you are to comply
with the [Rental Agreement /MHOA/HOPA] entered into
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 48 of 58
on [Date], or quit possession or occupancy of the
dwelling Unit now occupied by you at [here insert
the address or other reasonable description of the
location of the dwelling unit], on or before the
[here insert the date - minimum of 7 days for
renters, and 30 days for Homebuyers] for failure
to comply with the requirement of making your
monthly payment.
3.
Additionally, the Notice should contain language
informing the Tenant or Homebuyer of the following:
If you wish to respond to this decision you may
respond to PTHD in writing or in person within ten
(10) days of receipt of this notice at the PTHD
offices, 2806 E. Portland Avenue, Suite 200,
Tacoma, Washington, 98404. In such response, you
may be accompanied by a person of your choice,
including
a
representative
of
the
Tribal
government. PTHD will advise the Tribal government
of this termination.
You have the opportunity, prior to any hearing or
trial, to examine any relevant documents, records,
or regulations directly related to the eviction or
termination. Please contact [insert name] at the
PTHD to make arrangements to examine these items
if you desire to do so.
You have the right to the grievance process set out
in the PTHD Grievance Procedure Policy.
This
grievance process is your opportunity to tell your
side of the story. You may present any witnesses
or other evidence.
If you do not request or
participate in a grievance hearing, or if the Board
of Commissioners rules against you, PTHD will have
the right to file an action in Tribal Court to have
you forcibly evicted.
The review by the Tribal
Court generally does not involve a new hearing with
witnesses and evidence, but is be limited to
reviewing the steps PTHD has taken to ensure that
you were given due process, that PTHD followed all
regulatory processes, and that PTHD had sufficient
grounds in the record before it to terminate your
agreement.
4.
Additionally,
the
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Notice
should
contain
the
Page 49 of 58
following information:
5.
a.
The date of the notice.
b.
The date the rent or Homebuyer payment and
other charges were due.
c.
Statement of how much is owed the PTHD.
Service of Notice.
Per Puyallup Tribal Code §
6.01.620, the Notice must be served on the Tenant
or Homebuyer in the following manner:
a.
Delivery must be made by an adult
eighteen (18) years of age or older.
person
b.
Delivery will be effective when it is:
i.
Personally delivered to
Homebuyer, with a copy
certified mail, or
a Tenant
delivered
ii.
Personally delivered to an adult
living in the Premises, with a copy
delivered by certified mail, or
or
by
iii. Personally delivered to an adult agent or
employee of the Tenant or Homebuyer, with
a copy delivered by certified mail.
c.
If the notice cannot be given by means of
personal delivery, or Tenant or Homebuyer
cannot be found, the notice may be delivered
by means of:
i.
Certified
mail,
return
receipt
requested, at the last known address of
the landlord or Tenant/Homebuyer, or
ii.
Securely taping a copy of the notice to
the main entry door of the Premises in
such a manner that it is not likely to
blow away, and by posting a copy of the
notice in some public place near the
Premises, including a tribal office,
public
store,
or
other
commonly
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 50 of 58
frequented place and by sending a copy
first class mail, postage prepaid,
addressed to the Tenant or Homebuyer at
the Premises.
d.
Proof of service shall be accomplished either
by affidavit or other manner recognized by
law.
Note:
Additional
Requirements
Specific
to
Particular Agreements.
Each of the PTHD program
agreements (Rental Agreement, MHOA, and HOPA) may
have specific requirements as to how the Notice
should be served, and additional language required
to be set out in such Notice.
PTHD staff will
review the specific applicable program agreement,
and will follow the additional requirements set out
therein.
Note: HOPA Agreement Additional Notice. The HOPA
agreement sets out an additional notification step
known as a "Declaration of Forfeiture" that must be
followed before an eviction action can be filed in
Tribal Court. For HOPA Program Participants, PTHD
staff will follow the steps required under Section
31 of the HOPA agreement, in addition to any steps
set out in this Policy.
K.
Payback Agreements. If the Tenant or Homebuyer does not
come into compliance or vacate the Unit, but does
express an interest in working out a payback agreement,
PTHD may enter into such an Agreement, at its sole
discretion, if it determines that the circumstances are
appropriate. Payback Agreements must meet the following
criteria:
1.
A Payback Agreement may not exceed 12 months in
duration, provided that PTHD, in its sole
discretion, may extend this period under certain
circumstances where PTHD determines it would place
an undue hardship on the Tenant or Homebuyer to
have to repay arrears in full within 12 months.
2.
A Payback Agreement must require the Tenant or
Homebuyer to repay one-third (1/3) of the arrears
immediately, provided that PTHD, in its sole
discretion, may modify this requirement if PTHD
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 51 of 58
determines it would place an undue hardship on the
Tenant or Homebuyer to comply.
L.
3.
The combination of payments required by the Payback
Agreement with the monthly rental or Homebuyer
agreement payments may exceed 30% of the Tenant’s
or Homebuyer’s income.
4.
If a Tenant or Homebuyer misses a payment under the
Payback Agreement, he or she will be required to
enter into a payee program (either through the
Tribe or another payee entity).
5.
If Tenant or Homebuyer, after missing a payment,
does not enter a payee program, or fails to make
any payment after doing so, the entire amount of
arrears will become immediately due and payable,
and PTHD will move forward with filing a court
action for eviction.
6.
A
Payback
Agreement
does
not
rescind
the
termination process, but places it in suspension.
The
Payback
Agreement
must
contain
express
acknowledgements by the Tenant or Homebuyer that he
or she is in default, that he or she was properly
served with all required notices, that his or her
rental agreement or Homebuyer agreement was
terminated according to PTHD procedures, that PTHD
has grounds to terminate and evict, that if the
Tenant or Homebuyer violates the agreement PTHD may
immediately file an eviction action, and that the
Payback Agreement may be used as evidence in such
court action.
Court Action. If the Tenant or Homebuyer does not come
into compliance or voluntary vacate the Unit at the end
of the time period set out in the Notice to
Terminate/Notice to Comply or Quit or the Notice of
Intent to Forfeit and Declaration of Forfeiture, PTHD
shall file a complaint in Tribal Court seeking eviction
of the Tenant or Homebuyer, in compliance with the
Puyallup Tribal Code, §§ 6.01.700 -775.
1.
After the filing of the complaint and related
documents, and service of the summons and complaint
on the Homebuyer or Tenant, PTHD may discuss
settlement options with the Homebuyer or Tenant.
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 52 of 58
PTHD will inform the court that a settlement has
been reached if agreement has been made to resolve
the outstanding amount. The PTHD will include the
costs of any amounts included in the civil
complaint and request for judgment in the
settlement or arrangement.
The settlement or
arrangement shall include language that in the
event the defendants breach the agreement, the case
shall be automatically reopened and heard in court
for an immediate eviction.
M.
2.
PTHD reserves the right to seek resolution of the
case and settlement prior to the court hearing and
final ruling.
3.
If PTHD succeeds in the court action, PTHD will
seek an order requiring the Homebuyer or Tenant to
pay PTHD's court costs and attorney fees.
Incentive for Compliance.
PTHD will provide the
following incentive for compliance with the timely
payment requirements of this Policy and of the
applicable program agreement. For each calendar year,
beginning on January 1, if a Tenant or Homebuyer makes
his or her required monthly payment on or before the
first of each month from January through November, the
monthly payment requirement for that Tenant or Homebuyer
for the month of December of that calendar year shall be
reduced by 50%.
SECTION XX.
GROUNDS FOR TERMINATION AND EVICTION
A.
PTHD may terminate the participation of a Program
Participant in any PTHD program and evict Program
Participant from the Unit they occupy for any "Program
Violation" or "Fraudulent Crime Violation" as defined in
this Policy or in the applicable program policy.
B.
Criminal Activity, Disturbance of Peaceful Enjoyment,
Threats to Health and Safety. PTHD shall terminate and
evict Program Participant if Program Participant, any
member of Program Participant's household, and any
guests or other persons under Program Participant's
control engage in any of the following activities:
1.
Violence or any criminal activity, including Drug-
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 53 of 58
Related Criminal Activity, whether on or off the
Premises.
The
term
"Drug-Related
Criminal
Activity" means the illegal manufacture, sale,
distribution, use, or possession with the intent to
manufacture, sell, distribute, or use of a
controlled substance (as defined in Section 102 of
the Controlled Substance Act (21 U.S.C. 802));
2.
Activity that threatens the health and safety of,
or right to peaceful enjoyment by, other residents
or employees of PTHD;
3.
Activity that threatens the health and safety of,
or right to peaceful enjoyment by, persons residing
in the immediate vicinity of the Premises; or
4.
Gang-Related Activity (as such activity is defined
in the Puyallup Tribal Code and/or by PTHD
regulations or policies).
For termination and eviction for violation of this
subsection, it shall not be necessary that Program
Participant (or any of the other covered persons) to
have been criminally convicted of the activity.
PTHD
may terminate and evict if a preponderance of the
evidence demonstrates that a violation of this Section
has occurred.
C.
PTHD shall terminate and evict if Program Participant
fails to properly maintain the Unit after being notified
and provided an opportunity to resolve the violation.
D.
PTHD may terminate and evict if Program Participant
fails to make timely payments of amounts due to PTHD
under the applicable program policy and agreement, as
described in Section XIX, above.
1.
PTHD may, at its discretion and based on the
circumstances presented, defer or waive enforcement
of this requirement where the Program Participant
provides documentation of a severe illness or other
medical condition that temporarily prevents the
Participant from being able to meet his or her
responsibility to make such timely payments,
provided,
that the waiver or deferment of
enforcement should generally not exceed six (6)
months and that the Program Participant enters into
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 54 of 58
an agreement with PTHD — to be developed at the
discretion of the Director — to address the missed
or late payments.
2.
To be eligible for such a deferment or waiver of
enforcement,
the
Participant,
or
a
person
authorized to act on his or her behalf, must submit
the request in writing supported by written
documentation.
The Director will review the
request, and make the decision at his or her
discretion, depending on the documentation and
circumstances presented.
3.
Submission of a request and consideration of the
request by PTHD shall not constitute a waiver of
any applicable requirements or timelines.
4.
The Director's decision shall be final, and will
not be subject to grievance or appeal.
The
Director, however, will make a report of any
waivers or deferments granted under this section to
the Housing Advisory Committee.
E.
PTHD shall terminate and evict if Program Participant,
any members of Tenant's household, any of Program
Participant's guests, and any other persons under
Program Participant's control fail to comply with the
provisions of the PTHD Resident Alcohol and Drug
Policies.
F.
PTHD shall terminate and evict if Program Participant
commits any serious or repeated violation of the
applicable program agreement, this Policy, or any other
applicable PTHD policies, Puyallup Tribal law or
regulations.
G.
PTHD will carry out such termination and eviction
consistent with the provisions of the applicable program
agreement and policies, and the applicable provisions of
the Puyallup Tribal Code.
SECTION XXI.
A.
NOTICE OF VACANCY; ABANDONMENT OF UNIT
The Program Participant is responsible to provide the
PTHD with a thirty (30) day written notice of his or her
intent to terminate their participation in a PTHD
program.
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 55 of 58
B.
Upon receipt of the Notice, the PTHD will schedule a pre
move-out inspection, which will allow the Program
Participant to provide needed repairs or replacements,
if any, prior to vacating the Unit.
C.
If a Program Participant vacates the Unit without
notice, the PTHD shall take the following actions:
1.
2.
Where the Program Participant has vacated the Unit
without notice to PTHD, and does not intend to
return, as evidenced by the removal by the Program
Participant or his/her agent, of substantially all
of his/her possessions and personal effects from
the Premises and any one of the following
situations:
a.
Nonpayment of rent for two or more months, or
shorter periods provided in this Code;
b.
Terminated water or electrical
service for more than one month;
c.
An
express
statement
by
the
Program
Participant that he/she does not intend to
occupy the Premises after a specified date;
d.
Incarceration of Program Participant for a
period of more than one month, if there are no
other
members
of
Program
Participant’s
household and if Program Participant has not
sought and obtained permission from the
landlord to sublease the home during that
period of time; or
e.
Occurrence of an emergency situation at the
Premises that could have been avoided by
presence of Program Participant, including but
not limited to water-, fire-, or weatherrelated damage.
utility,
PTHD shall send notice to the Program Participant
at his/her last known address by certified mail,
return receipt requested, stating that:
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 56 of 58
a.
PTHD has reason to believe that the occupant
has abandoned the dwelling unit,
b.
PTHD intends to reenter and take possession of
the dwelling Unit unless the occupant contacts
PTHD within ten (10) days of receipt of the
notice,
c.
If the Program Participant does not contact
PTHD, that PTHD intends to remove any
possessions and personal effects remaining in
the Premises and to rent the Premises, and
d.
If the Program Participant does not reclaim
such possessions and personal effects within
sixty (60) days after the notice, they will be
disposed of in accordance with § 6.01.765 of
the Puyallup Tribal Housing Code. The notice
shall be in clear and simple language and
shall include a telephone number and a mailing
address at which PTHD can be contacted.
3.
If the notice described in subsection C.2 above is
returned as undeliverable, or if the Program
Participant fails to contact PTHD within ten (10)
days of the receipt of said notice, PTHD may reenter
and take possession of the dwelling Unit, at which
time any rental agreement in effect shall
terminate.
4.
Notwithstanding any other provision of this Policy,
PTHD staff may enter the Premises immediately if
there is an emergency situation in which the PTHD
Director (or his or her designee) determines it is
necessary, to prevent damage or harm to the
Premises or to any neighboring persons or Premises.
5.
The landlord need not comply with the judicial
eviction procedures set forth in Subchapters 6 and
7 of the Puyallup Tribal Housing Code to obtain
possession of a dwelling unit, if that dwelling
Unit has been determined to be abandoned consistent
with these procedures.
6.
If there is abandoned property that is of cultural,
religious, or ceremonial significance, PTHD has an
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 57 of 58
affirmative duty to locate next of kin and/or
contact the Tribe in order to return these items.
D.
If repairs are necessary, the Program Participant will
be responsible for all costs.
A copy of the charges
will be forwarded to the last known address of the
Program Participant.
E.
If adequate payment arrangements are not made by the
Program participant, the
PTHD
shall bypass any
forbearance procedures and file a claim in the Puyallup
Court against the Program Participant for arrears and/or
damages.
SECTION XXII.
LEAVING WITH A DELIQUENCY
A.
Program Participants that have debt balances (including
fees) after termination, shall be processed through
court proceedings for a judgment if a payback agreement
with the Program Participant cannot be executed or
successfully followed.
B.
Program Participants who have been Terminated and who
have debt balances with any Indian tribal housing
authority or Tribal housing program, will not receive
future housing assistance from the PTHD until those
debts have been paid in full.
C.
The PTHD will charge all costs incurred in the collection
of debts to the Program Participant through the Program
Participant’s account.
D.
Upon vacating the Unit, Program Participants will be
responsible for the costs of all necessary repairs to
place the Unit in satisfactory condition for the next
Program Participant.
E.
Upon failure of a Program Participant to fulfill his or
her maintenance obligations, the PTHD will perform the
required
maintenance
and
charge
the
Program
Participant’s accounts accordingly.
SECTION XXIII. MISCELLEANOUS
A.
The PTHD shall carry all insurance required by NAHASDA
and the applicable NAHASDA regulations, including fire
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 58 of 58
and extended coverage insurance,
managed, or operated by PTHD.
B.
for
units
owned,
In the event a Unit owned, managed, or operated by PTHD
is damaged or destroyed by fire or other casualty:
1.
The PTHD shall use the insurance proceeds to have
the Unit repaired or rebuilt unless there is good
reason for not doing so.
2.
In the event the PTHD determines that the Unit
should not be repaired or rebuilt, the PTHD shall
assist the resident Program Participant as follows:
a.
Place the Program Participant in another
available
Unit
without
terminating
the
applicable program agreement;
b.
Offer the resident Program Participant
rental assistance certificate; or
c.
Place the resident Program Participant at the
head of the waiting list with highest possible
number of points for preference category "A".
a
C.
If the final determination is that the Unit should be
repaired or rebuilt, Program Participant will be
required to vacate the Unit.
PTHD will endeavor to
provide alternate housing to Program Participant until
such time as the Unit is repaired or rebuilt.
D.
In the event of termination of a program agreement
because of damage or destruction of the unit, or if the
Unit must be vacated during the repair period, the PTHD
will use its best efforts to assist in relocating the
Program Participant. If the Unit must be vacated during
the repair period, required monthly payments shall be
suspended during the vacancy period.
E.
There are a number of other PTHD policies that are
relevant to Program Participants, including but not
limited to the Drug and Alcohol Policy, the Pet
Policy, Methamphetamine Contamination Testing Policy
and the Maintenance, Maintenance Charges and Housing
Standard Policy. There are also PTHD policies specific
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
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to certain PTHD programs, such as the Low Rent Policy.
All other PTHD policies are hereby incorporated by
reference into this Policy, and Program Participants
are required to become familiar, and comply with, the
obligations set out in those policies.
Eligibility, Admissions, and Occupancy Policy
Modified on _ July 17, 2020
Page 60 of 58
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.