Amended 3/24/2022 – WR-38-2022

Amended 3/24/2022 – WR-38-2022

Walker River Housing Department

Rental Program

ELIGIBILITY, ADMISSION, PAYMENT AND

OCCUPANCY POLICY

Policy Statement

The general purpose of this policy is to serve as a guide for the Walker River Housing

Department (WRHD) in determining Rental eligibility and admission of applicants, selection

criteria, and occupancy standards. It is to also provide for consistent, equitable, and uniform

treatment of clients; a basis for decision making for the WRHD; a training manual for staff.

All families which include single persons who apply for a unit with the Walker River Paiute

Tribe shall initially only be considered for a rental unit. Only those persons who through careful

determination indicate the aptitude to make the required payments in full and on time, maintain

utilities, comply with program requirements, keep the unit and surrounding lot and public areas

in a clean and hygienic state, not infringing on the peaceful enjoyment of other residents and

visitors of the Walker River Paiute Reservation shall be permitted to move into and continue

residency in a rental unit. After a period of three (3) years* a family who has consistently met the

requirements of the program and has shown sufficient income and responsibility may request a

conversion to a homeownership program and begin purchasing a home (which may or may not

be the home currently occupied). This policy is effective as of January 1, 2012.

I. Application of Rental Policy

This policy is applicable to all low income Indian Families with a preference for

members of the WALKER RIVER PAIUTE TRIBE.

II. Eligibility for Housing.

This section is to determine who is eligible to participate in WRHD rental programs.

Applicants must meet all of the following requirements to be eligible for the rental

program.

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A. Family Composition: An applicant must qualify as a family defined as two or more

persons who are related by blood, or marriage, or operation of law acceptable to the

Walker River Paiute Tribe and who have evidenced a stable family relationship; OR a

single person who lives alone.

B. Income Limitations

Maximum income: the applicant must qualify as a low income family, defined as

a family whose income does not exceed 80% of the median income for the

Mineral/Lyon/Churchill County, Nevada area or the United States (whichever is

higher). Income limits are adjusted for family size and updated on an annual

basis.

C. Income sufficient to comply with the program requirements.

Under the WRHD rental housing program, participants are required to satisfy

obligations such as rental payments, user fees, utilities, maintenance, etc. The

applicant must demonstrate the ability to meet these requirements. The minimum

income acceptable, adjusted by rental unit size:

(2) two bedroom rental unit- a minimum annual adjusted family income of

$10,500

(3) three bedroom rental unit- minimum annual adjusted family income of

$14,500

(4) four bedroom rental unit- minimum annual adjusted family income of $18,500

(5) five bedroom rental unit - minimum adjusted family income of $24,500

D. On going source of income.

An applicant must demonstrate a stable income in order to be eligible. The

applicant(s) must have been employed by the same employer(s) for at least 12

months or have maintained a stable income at an acceptable level for the past 12

months in order to meet this requirement.

E. Estimating income.

The applicant's annual income will be determined by estimating the anticipated

total income from all eligible sources to be received by all members of the family

over the next 12 months.

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F. Income verifications.

In order to determine that data which determines the eligibility, selection,

preference, and rents/payments to be charged are accurate, such data must be

verified. The preferred method of verification shall be written verification by a

third party. In the event that third party verification cannot be obtained, the

WRHD at its discretion may allow the applicant to submit relevant information

provided that the submission contains a notarized statement, certification, or

affidavit signed by the applicant, and stating the information submitted is true and

accurate.

1. Complete and accurate verification records, consisting of, but not limited to the

following, are to be maintained.

a. Letters or other statements from employers and other pertinent sources

giving authoritative information concerning all amounts of income.

b. Copies of documents in the applicant's possession which substantiate

his/her statements, or a brief summary of the contents of such documents

signed and dated by the staff who viewed them.

c. Certified statements, or summary data from bank account, from self

employed persons, and from persons whose earnings are irregular setting

gross receipts, itemized expenses and net income.

d. Memoranda of verification data obtained by personal interviews,

telephone, or other means, with source, date reviewed and the person

receiving the information clearly indicated.

G. Family Income

"Family Income" means the anticipated total income from all sources received by

the family and by each family member of the family, including all net income

derived from assets, for the 12-month period following the effective date of the

initial determination or reexamination of income, exclusive of certain types of

income as provided in paragraph B, below:

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1. Family Income includes, but is not limited to:

a. The full amount, before any payroll deductions, of wages and salaries,

overtime pay, commissions, fees, tips and bonuses, and other

compensation for personal service.

b. The net income from operation of a business or profession. Expenditures for

business expansion or amortization of capital indebtedness shall not be used as

deductions in determining net income. An allowance for depreciation of assets

used in a business or profession may be deducted, based on straight line

depreciation, as provided in Internal Revenue Service regulations. Any

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

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

or assets invested in the operation by the family.

c. Interest, dividends, and net income of any kind from real or personal property.

Expenditures for business expansion or amortization of capital indebtedness shall

not be used as deductions in determining net income. Any withdrawal of cash or

assets from an investment will be included in income, except to the extent the

withdrawal is reimbursement of cash or assets invested by the family. Where the

family has net family assets in excess of $5,000.00, Family Income shall include

the greater of the actual income derived from all net family assets or a percentage

of the value of such assets based on the current passbook savings rate as

determined by HUD.

2. The full amount received from annuities, periodic payments from insurance policies,

retirement income, pensions, periodic benefits for disability or death, and other similar

types of periodic receipts.

3. Payments in lieu of earnings, such as unemployment, and disability compensation,

social security benefits and severance pay.

4. Welfare assistance payment.

5. Periodic and determinable allowances, such as alimony and child support payments,

and regular contributions or gifts received from persons not residing in the dwelling.

6. All regular pay, special pay and allowances of a family member currently in the Armed

Forces.

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7. Payments to the family for support of a minor, or payments made nominally to a minor

for his support but controlled for his benefit by the head of the household or a resident

family member for his support.

8. The net income from operation of a business or profession.

9. Any earned income tax credit to the extent it exceeds income tax liability.

10. Lottery winnings paid in periodic payments.

11. Receiving monetary contributions or gifts regularly from persons not living in the

unit. (Includes rent or utility payments regularly paid on behalf of the family).

12. Income of temporarily absent family member. After determining that such persons

are, in fact, still members of the household, include all of their income, even though part

of it may not be available to the household.

13. Income of persons permanently confined to a hospital or nursing home. Such persons

may not be named head of household. The family has the choice of:

(a)

Including the confined person's income and taking advantage of any

deductions for which the confined person would qualify; or

(b)

Excluding both income and deductions attributable to the confined family

member.

H. Family Income does not include the following:

1. Income from employment of children (including foster children under the age of 18

years).

2. Payments received for the care of foster children.

3. Amounts specifically excluded by any other Federal statue from consideration as

income for purposes of determining eligibility or benefits under a category of assistance

programs that includes assistance under the 1937 Act. The following types of income are

subject to such exclusion:

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(a)

Relocation payments made under Title II of the Uniform Relocation

Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 46214636);

(b)

The value of the allotment provided to an eligible household under the

Food Stamp Act of 1977 (7 U.S.C. 2017);

(c)

Payments to volunteers under the Domestic Volunteer Service Act of 1973

(42 U.S.C. 5044 (g) 5058);

(d)

Payments received under the Alaska Native Claims Settlement Act (43

U.S.C. 1626a);

(e)

Income derived from certain submarginal land of the United States that is

held in trust for certain Indian tribes (25 U.S.C. 459e);

(f)

Payments or allowances made under the Department of Health and Human

Services' Low-Income Home Energy Assistance Program (42 U.S.C. 8624(f));

(g)

Payments received from the Job Training Partnership Act (29 U.S.C.

1552b);

(h)

The first $2,000.00 of per capita shares received from judgment funds

awarded by the Indian Claims Commission or the Court of Claims (25 U.S.C.

140-7-1408) or from funds held in trust for an Indian tribe by the Secretary of the

Interior (25 U.S.C. 17);

(i)

Payments received after January 1, 1989, from the Agent Orange

Settlement Fund or any other fund established pursuant to the settlement in the In

re Agent Orange product liability Litigation, M.D.L. No 381 (E.D.N.Y.).

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(j)

Amounts of scholarships funded under Title IV of

the Higher Education Act of 1965 that are used to cover the

cost of attendance at an educational institution.

(k)

Payments received from programs funded under

Title V of the Older Americans Act of 1965 (42 U.S.C.

3056(f)).

4. Casual, sporadic or irregular gifts.

5. Amounts that are specifically for, or in reimbursement of, the

cost of Medical Expenses for any member of the family.

6. Lump-sum additions to Family assets, such as inheritances,

insurance payments (including payments under health and accident

insurance and worker's compensation), capital gains and settlement

for personal property losses (but see paragraph 5 of Income

Inclusions).

7. Amounts of educational scholarships paid directly to the student

or to the educational institution, and amounts paid by the

Government to a veteran, for use in meeting the costs of tuition,

fees, books, equipment, materials, supplies, transportation and

miscellaneous personal expenses of the student. Any amounts of

such scholarships or payments to veterans, not used for the above

purposes that are available for subsistence are to be included in

income.

8. The hazardous duty pay to a Family member serving in the

Armed Forces and exposed to hostile fire.

9. Income of a Live-in Aide defined as a person essential to the

care and well-being of an elderly, disabled or handicapped person,

whether or not the elderly, disabled or handicapped person is a

member of an "elderly family."

10. Amounts received under eligible training programs funded by

HUD.

11. Amounts received by a disabled person that are disregarded for

limited time for purposes of Supplemental Security Income

Eligibility and benefits because they are set aside for use under the

Plan to Attain Self-Sufficiency (PASS).

12. Amounts received by a participant in other publicly assisted

programs which are specifically for or in reimbursement of out-of-

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pocket expenses incurred (special equipment, clothing,

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

participation in a specific program.

I.

Social Security Number Requirements.

The applicant must furnish the WRHD with social security

numbers and copies of social security cards for each family

member (adult and child) or person listed on the application.

This will be used to identify family member to research suitability

for residence in rental units.

J.

in

Receipt of Applications and Determination of Eligibility

Application. This section outlines the basic steps to be followed

the application process and in obtaining and verifying information

for determining eligibility.

1. Application process. The application is the basic record of each

family/person applying for admission and/or services. Each

applicant will be required to provide all information requested on

the application and to sign all necessary forms, documents, and

certifications. All information or any statements made by the

applicant are subject to verification.

2. All applications shall be signed by one person. That person’s

identity will be used to determine eligibility and preferences.

3. Applications shall be received at the WRHD offices located at

1063 Hospital Rd. Schurz, NV 89427 or at WRHD Box 238

Schurz, NV 89427. All applications are to be fully completed

and signed using indelible ink. Immediately on receipt, the

application will be date stamped. Completed applications may be

mailed or delivered in person. Applications deemed incomplete

will be returned to the applicant and date stamp will be voided.

4. Verification of all information which affects eligibility, family

composition, selection, priority or preferences, annual income, unit

size, determination of affordable payments or rent, and housing

need is required.

5. Each and every adult (18+ yrs. of age) who will reside in the

rental unit must sign a consent form for the release of

informationat application and through-out residency of a WRHD

rental unit.

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K. Applicant Responsibilities

The applicant is responsible for providing all of the necessary

information and accurately completing the application as required. The

applicant must certify that all information contained in the application is

true and accurate to the best of their knowledge. The applicant is

responsible for making corrections or updating the application on an

annual basis. Failure to provide updated information after 2 good faith

attempts by the WRHD at the last known mailing address of the applicant

is grounds for placing the application in an inactive file and removing the

family from the waiting list.

L. Application File.

The WRHD shall maintain a file for each family completing an

application. All information supplied by the applicant, verification of

information, and all relevant correspondence with the applicant, shall be

contained in the file. Files will be placed in the one of four categories.

1. Eligible. This file contains those applications which have met

initial eligibility requirements and have been placed on the waiting list for

the Rental program.

2. Incomplete/Pending. This file contains those applications which

have not been sufficiently completed or verified for a determination of

eligibility to be made. Applicants submitting an incomplete application

will be notified and given two weeks to submit the missing information. If

the information is not submitted in a timely manner, the application will

be placed in the inactive file.

3. Ineligible. This file contains those applications which have not

met initial eligibility requirements and have been determined to be

ineligible for the Rental program.

4. Inactive. This file contains those applications which have not

been updated within two months. Those applicants will be removed from

the waiting list and will have to re-apply in order to be placed back on the

waiting list. Those applications will receive a new application date but

will be permitted to maintain their priority or selection preference, if

qualified. Incomplete applications which are not completed in a timely

manner will be placed in this file.

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III. Eligibility requirements.

A. The head of household applicant must be an enrolled member of a

federally recognized Indian Tribe or certain state recognized tribes which

received funding under the 1937 Housing Act (head of households who are

members of the Walker River Paiute Tribe shall have preference over

members of any other eligible Indian tribes or Alaska Native Villages).

B. A head of household may be of any gender as determined by the applicant

family.

C. Low Income which is determined to be less than 80% of the median

income for Mineral/Lyon/Churchill, Nevada counties or 80% of the median

income for the United States, whichever is higher as accepted by the

Department of Housing and Urban Development (HUD)

D. The head of household must have reached the age of 18 years of age at the

time of application.

E. Factors which shall be used to determine ineligibility of an applicant:

1. The head of household applicant and all family members must have no

outstanding balances due with any WRPT utility, service, program, or other

entity under the jurisdictional umbrella of the Walker River Paiute Tribe. The

balance must be $0 or a credit balance, a payback agreement does not suffice

to waive this requirement.

2. The head of household applicant or any family member have been

found to have damaged any property owned or under the jurisdiction of the

Walker River Paiute Tribe.

3. No person regardless of age who has been convicted by a tribal, federal

or any other court of jurisdiction of a sexual offense against another person in

any venue shall be considered as eligible to apply for or reside in a WRHD

rental unit unless specifically deemed eligible by the Walker River Paiute

Tribal Council.

4. No person regardless of age who has been convicted of a crime by a

tribal, federal, or any other court of jurisdiction involving the manufacture,

growth, transportation, sale or attempt of sale or use of any substance deemed

to be illegal any tribal, federal or any other court of jurisdiction shall be

considered eligible to apply or reside in a WRHD rental unit unless

specifically deemed eligible by the Walker River Paiute Tribal Council.

5. The head of household applicant and all family members must have no

outstanding balances due to any previous other housing provider. This

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may include any other tribal entities, public entities, private landlords,

etc. A history may be provided of where each adult (18 + years) has

resided for the past 5 years on the application.

6. The head of household applicant nor any family member have been

evicted for any reason from a previous residence for the five (5) years

preceding the application date unless specifically deemed eligible by the

Walker River Paiute Tribal Council.

F. Applicant determined eligible. On receipt of a completed application,

the WRHD will make a determination of eligibility. An applicant

determined to be eligible will be promptly notified in writing and placed on

the Rental program waiting list.

G. Applicant determined ineligible. On receipt of a completed application,

the WRHD will make a determination of eligibility. An applicant

determined to be ineligible shall be promptly notified in writing via USPS

Certified mail with return receipt requested. The notice shall state the

reason(s) for the ineligibility and advise the applicant of his/her right to

appeal. The appeal must be requested within two weeks of the date the notice

was mailed. Refusal of the notice does not waive or extend the two week

period. An appeal hearing to make a final determination of eligibility shall be

scheduled at a reasonable and suitable time of both parties. The applicant is

given the opportunity to produce evidence, clarify information, and/or ask

questions regarding eligibility.

IV. Waiting List Administration.

The WRHD shall maintain a waiting list for the Rental-housing program, separate and

apart from any other WRHD program. The list shall be comprised of applicants who

have been determined to be eligible (Status as a member of a federally recognized tribe or

member of certain state recognized tribes, income, suitability to maintain the peaceful

enjoyment of the community).

A. Updating the waiting list. The waiting list shall be updated on a regular basis.

It is the responsibility of each applicant to update his or her application at least

annually. In order to remain on the waiting list, an applicant must continue to

update their application and remain eligible for the Rental program. Applicants

who fail to update their applications after requested in two good faith attempts by

the WRHD will be placed in the inactive file and lose their original date. The

WRHD will update the waiting list on a yearly basis ending 12/31 of each year.

Written notices will be sent to applicants as a reminder to update applications. If

an applicant wishes to be removed from the waiting list then they must submit the

request in writing.

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B. Suspending the taking of new applications. The WRHD reserves the right to

close the waiting list and suspend the taking of new applications at any given

time. The WRHD may also set submission deadlines for inclusion of a particular

project, program or funding year.

V. SELECTION PROCEDURE AND REQUIREMENT

1. General Provision. The WRHD shall select eligible applicants from the Rental

program waiting list in accordance with the selection preferences (priority) outlined

below and the applicant's respective eligibility dates.

2. Order of Selection. Eligible applicants will be categorized according to the

following priority groups, with group one having the highest priority. Once all of the

applicants in group one have been served, group two applicants will be served and so

forth.

a. Applicant family head of household is an adult (18+ years) and enrolled Walker

River Paiute tribal member. The applicants within this category shall be sorted

with a determination of unit size based on occupancy standards and application

date (oldest date first).

b. Applicant family head of household is an enrolled member of any other

federally recognized Tribe or Alaska Village or certain state recognized tribes

who received funding under the 1937 Housing Act.

3. Screening of Applicants. Before placement in a unit or receipt of service, the

WRHD shall conduct a thorough screening process of each applicant to determine

suitability for admission. The screening process shall include a review of pertinent

factors including the following:

a. The applicant's past performance in meeting financial obligations, including but

not limited to rent and utilities. The WRHD may request a report from a

consumer credit reporting agency. The WRHD will request information from

former landlords detailing the payment history (from up to five years). If negative

record then applicant must complete a credit counseling class or course to

continue to be considered eligible. A negative report does not exclude the

applicant, but gives notice to the WRHD that counseling work is needed.

b. The applicant's past performance and behavior including destruction of

property, disturbance of neighbors, poor house keeping practices, or other

activities which may endanger or be detrimental to other Tenants.

c. The applicant's criminal record (including all family members), particularly

drug-related activities, physically violent crimes, or other criminal acts which may

endanger other Tenants. The WRHD will request information from law

enforcement agencies and the National Crime Information Center.

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4. Determination of Suitability. In determining whether an applicant is suitable

for admission, the WRHD shall review all of the information gathered in the

screening process, taking into consideration the date, nature, and severity of the

occurrences and the probability of future occurrences. If an applicant is

determined to be unsuitable for admission, a written notice of the determination

and the grounds for the determination shall promptly be sent to the applicant. The

notice shall advise the applicant(s) of their right to appeal. The request for appeal

must be submitted within TWO weeks of the date of the notice. An appeal

hearing to make a final determination on the matter shall be scheduled at a

suitable time of both parties.

5. Notification of Selected Applicants. Promptly after an applicant family has

completed the screening process and has been determined to be suitable for

admission, the family will be notified in writing of their selection. The

notification will include the following:

a. A statement that the family has been selected for participation in the Rental

program.

b. A statement that the family will be required to participate in mandatory

counseling/training sessions before occupancy.

c. A statement that the Rental Lease Agreement will need to be executed if the

family is willing and able to accept the unit.

d. A statement that admission and contract execution is subject to final income

and eligibility verification.

e. A statement that the family has (10) calendar days to respond to the notice,

either by accepting or rejecting the unit offered.

f. A statement that failure to respond within (12) calendar days shall be regarded

as a rejection to the offer. The date of formal rejection and new application date

will be (14) calendar days after the notification of selection.

g. A statement that a rejection of the offer shall result in the family receiving a

new application date (which will be the date of formal rejection) and that their

application will be placed at the bottom of their priority group on the waiting list.

h. A statement that the notice is not a contract and does not obligate the WRHD in

anyway.

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VI. Occupancy Standards.

To prevent overcrowded conditions and wasted space, rental homes may be assigned

according to the following schedule. The WRHD may make exceptions due to unusual

circumstances. Factors to be considered include age and sex of children, potential

changes in the family composition, availability of unit sizes, etc. This may include

allowing a smaller family into a larger unit when there are no eligible larger families for

the unit.

Number of Bedrooms in Unit - Number of persons for that unit

1 Bedroom – 1-2 persons

2 Bedroom – 2-4 persons

3 Bedroom – 3-6 persons

4 Bedroom- 4-8 persons

5 Bedroom – 6-9 persons

A. Leasing/ Lease Purchasing Requirement and Rules of Occupancy

1. Execution of the Agreement. Prior to occupancy of a unit, the participant/ shall

execute a Lease contract with the WRHD. This agreement is a legal document

which describes the rights, duties, obligations, and responsibilities, and shall be

executed promptly after final selection of the applicant. The agreement will be

executed in duplicate original with both parties receiving an original document.

The head of the household will sign the agreement and the Housing Director will

sign on behalf of the WRHD. All rental agreements are month-to-month.

2. Changes, Modifications, and Amendments. If the tenant moves to a new unit a

new agreement will be executed. The WRHD may revise or adopt policies which

affect the tenant's obligations and requirements under the agreement. Such

changes do not require execution of a new agreement. When changes to the policy

conflict with the agreement the agreement shall rule.

3. Termination of agreement by the Tenant. The tenant may terminate the

agreement provided that a minimum TWO week written notice is given to the

WRHD, and the procedure for termination contained in the agreement are

followed.

4. Termination of agreement by the WRHD. The WRHD may terminate the

agreement according to the provisions contained in the agreement. A failure to

comply with any of the requirements, obligations, or duties outlined in the

agreement shall be grounds for termination. The WRHD will issue a Notice of

Breach to the tenants promptly after the occurrence of such a breach, notify the

tenants of grievance procedures, and state the action required by the WRHD to

amend the breach. If the breach is not amended to the satisfaction of the WRHD,

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a Notice of Termination will be issued. The notice of termination will be in

accordance with the terms and conditions of the agreement. The policies details

and procedures will be outlined in the Collection/Compliance Policy.

VII. Guidelines and Rules of Occupants.

A. Principal residency requirement. As a condition of occupancy, tenants are

required to use the home as a principal residence.

B. Determination of abandoned unit. A home which has been unoccupied for a

period of forty-five days or more without WRHD approval may be determined to

be abandoned and in breach of the tenant Rental Lease.

C. Business use of home. The use of the home for operation of a business may be

approved by the WRHD under the following conditions:

1. The operation of the business may be essential for the well-being of the

family or the family to meet its obligations under this agreement.

2. The operations of the business should not negatively impact the neighbors

or surrounding community.

3. The business must be licensed in accordance with the requirements of the

Walker River Paiute Tribe

4. A request to operate a business out of the home will be made in writing and

a decision will be made within thirty days of the date of the request.

5. A denial is subject to the WRHD's grievance procedure.

D. Damage to property. The Head of Household, family and guests shall not

damage, deface, vandalize, destroy or remove any part of the home,

neighborhood, and community including all WRPT, public, and privately owned

property. The head of the household is responsible for all family members and

guests of their rental homes. . Failure of Head of Household to control family and

guests could result in the eviction of the family.

E. Public Disturbance. Tenants will not engage in unlawful activities or activities

which could cause a disturbance to neighbors and throughout the Walker River

Paiute Reservation. The WRHD will maintain a record of all Tenant complaints.

Failure of Head of Household to control family and guests could result in the

eviction of the family. Activities which occur outside the rental home can affect

the family and could result in eviction.

F. Responsibility to provide utilities. It is the responsibility of the Tenant to

provide all utilities for the rental home including deposits as necessary. Necessary

utilities to maintain include water, wastewater, electricity, propane and garbage

removal. The WRHD is under no obligation to provide utilities to the unit.

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G. Rental Calculation. Rents shall be calculated by taking the annualized gross

income subtracting any eligible medical expenses, allowing for deductions for

eligible elders, disabled persons and children and dividing by 5%. If the

calculated amounts are higher than $175.00 they shall default to $175.00. There

shall be no deduction for utility costs when calculating rents. For all tribal

member head of households who are 62 years of age or older the monthly rent

shall default to $0 (zero) regardless of income, however, those households are

responsible for all costs of obtaining and maintaining utilities.

H. Rents/Payments. All rent payments are due on or before the 1st day of each

month. Payments received after the 1st day of the month are considered late,

however are accepted until the 10th of each month without billing/prior notices.

Payments not made in full on or before the 10th of the month are subject to further

action to collect the funds and/or remove the renter, family, and possessions from

the unit.

I. Maintenance/Appearance of rental home and property. The Tenant will provide

basic upkeep of the rental home, keeping it in an acceptable condition and free

from trash, clutter, and debris (including old or junk cars). The WRHD will

monitor the condition of the rental home through periodic inspections. A car must

have a valid license plate and operate in a safe manner or it will be considered a

junk car and the Tenant will be required to remove it from the property.

J. Pets. No rental unit whose head of household is less than 62 years of age may

have a pet. Dogs must be chained and/or penned. Dogs and cats must be spayed

or neutered. All pets must be taken care of and kept in good health.

K. Requirement to list occupants. The Tenant is required to list all occupants of

the rental home on the family's admission application for continued occupancy.

Any visitors who remain for an extended period (30) thirty days are subject to

inclusion on the family's official record.

L. Tenant responsibility for children and guests. The tenant (head or spouse) is

responsible for all actions of the residents, guests, and children of the home and

will be held accountable for such actions.

M. Counseling. The tenant is required to attend all mandatory counseling

sessions scheduled by the WRHD. The tenant may be required to attend

individual counseling sessions as a condition of continued occupancy.

N. Prohibition of illegal drug activities. Any conviction of any member of the

household (including "no contest" pleas) for a drug related criminal activity shall

be grounds for immediate termination of the entire family in accordance with the

Rental Lease agreement.

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O. Insurance. The WRHD will provide required insurance on the unit structure

including fire and extended coverage. The tenant will have to secure his or her

own insurance for personal property/contents. It is the tenant’s responsibility to

report all damages to the unit so claims can be processed in a timely manner.

P. Prohibition of Subleasing. The tenant will not take in boarders or sublet the

unit without prior approval by the WRHD.

R. Security Deposit. The tenant is required to pay a security deposit in the

amount of $250.00 for 2 BR, $350.00 for 3BR, $400.00 for 4BR, and $450.00 for

5BR. $50.00 of the deposit shall be nonrefundable portion and the balance shall

be refundable at the time of move-out, if all conditions, obligations, and

requirements of the WRHD and the rental agreement have been satisfied.

S. Other responsibilities. These include laws, ordinances, resolutions, and

memorandums approved by the Walker River Paiute Tribal Council, such as

curfew requirements and prohibition of alcohol or other substances.

T. Failure to comply or properly report information required. If a tenant fails to

provide information or provides false information for a required income

certification, it is considered a breach of the rental contract and is grounds for

termination of the agreement. Providing false information to the WRHD may be

considered fraud, which is a crime punishable under the law.

U. Suspension of Payments. The WRHD may suspend the required monthly

rental payments for a specified period of time due to unusual circumstances, such

as substantial rehabilitation/repair work being performed on the rental home.

The tenant may request the suspension of rent and the WRHD shall

approve/disapprove the request and notify the tenant of the determination.

V. TENANT DEFAULTS INVOLVING HEALTH AND SAFETY. The

following acts by the tenant, a tenant's family member or any other person on the

tenant's dwelling constitute a default involving health and safety as set forth in the

lease:

1.

Any act which constitutes a violation of any applicable tribal, state

or federal law chargeable in any tribal, state or federal jurisdiction or court

involving:

(a)

Injury or eminent threat or impairment to a person, animal

or property;

(b)

Theft, burglary or larceny;

(c)

Neglect or abuse of children, including contributing to the

delinquency of a minor;

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(d)

Use or handling of firearms, incendiary devices and

explosives;

(e)

Use, possession, manufacture, production, dispensation,

transportation, sale or offer for sale of any narcotic, hallucinogenic,

dangerous drug or illegal or controlled substance or intoxicating

inhalant.

2.

Membership and/or active affiliation with any group or

organization, including any "gang," whose regular activities include the

violations as described in paragraph A above.

3.

Any act of violence against another person, including threats of

such violence, whether explicit or implicit.

4.

Any acts of vandalism on the reservation, including graffiti,

property destruction or theft.

VIII. HOME INSPECTIONS

The WRHD will perform inspections on at least an annual basis but may also schedule

inspections as deemed necessary.

A. Initial inspections.

1. Participants. At the time of initial occupancy, a move-in inspection shall be

conducted with the WRHD representative and the new tenant. The tenant shall be

permitted to have a representative of their choice present at the initial inspection

to assist them.

2. Counseling opportunity. The WRHD will provide the new tenant with

counseling or training sessions to cover the obligations of the tenant and proper

home care procedures. Attendance at counseling sessions is a mandatory

requirement before occupancy.

3. Documentation of conditions. At the conclusion of the initial inspection, the

tenant will sign an inspection report detailing any deficiencies in the rental home.

The WRHD will correct the deficiencies within a reasonable amount of time (a

two week period). WRHD may visually record the inspection with any technology

available and may be used when determining who will be responsible for repairs

to a unit.

4. Warranties. At the time of move-in, the tenant will be provided with a packet

of applicable warranties for the particular rental home. In most instances there

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will be no warranties for the unit which affect the rights and obligations of the

renter or members of the immediate household.

B. Annual Inspection.

1. The WRHD will provide the tenant with written notification of the scheduled

inspection at least seven days before the date of the inspection. The notice will

state that the annual inspection is a requirement of the tenant agreement and give

the date and time of the inspection.

2. The WRHD shall conduct a thorough inspection of the interior, exterior, and

adjacent grounds of the rental home. The tenant shall sign the inspection report

which contains the results of the inspection.

3. If the inspection reveals any deficiencies in the condition of the rental home

that is caused by tenant neglect or damage the tenant will be given (21) twenty

one calendar days to correct the deficiency, at which time a follow up inspection

will be scheduled. If the tenant has not corrected the deficiencies, the WRHD

may terminate the Agreement or perform the work and charge the tenant's

account.

4. If the tenant has three unacceptable inspections within a year, the result will be

termination of the Agreement and Eviction.

C. Non-Routine Inspections

1. The WRHD may inspect units at anytime without notice if it believes

conditions exist which may place the tenant, family, guests or the structure in

jeopardy.

2. Special inspections may be required if the tenant has received unfavorable

inspection reports in the past or if it received information from other sources that

an inspection may be necessary for the continued habitability, safety, health, and

welfare of the tenants.

C. Move out inspections. On all move out inspections, the WRHD will conduct an

inspection. The tenants are required to be present for the inspection. The WRHD

will prepare an inspection report that will be signed by the tenant. The report

shall include any deficiencies noted, a written estimate of the dollar amount of

work required, and a statement that gives the tenants (21) twenty one days to

correct the deficiencies. If the deficiencies are not corrected by the deadline, the

WRHD will correct the items and charge the tenants account (deposit) for the

work. If the amount exceeds the tenant's available balance, the WRHD will bill

the tenant for the amount outstanding. Collections will be sent to the Walker

River Paiute Tribal Court.

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IX. CONVERSION OF RENTAL HOMES TO HOMEBUYER UNIT

(Amended WR-

-2011)

A. Participants in the Rental Program will be given the opportunity to purchase

their rental home when household has rented the home for (3) three years; has been late

in payment no more than (12) twelve times within the three year period, has kept up the

rental home in accordance to the Rental Agreement, has had no major complaints from

neighbors, has kept a clean court record (no judgments against), and in compliance with

Rental agreement, and other WRHD laws and ordinances. This policy will become

effective January 1, 2012.

B. If the household meets all the above requirements and wishes to convert their

rental agreement to a lease purchase agreement, the WRHD will terminate the rental

agreement and a new agreement to purchase the home will be completed. The rental

deposit will be used as an administrative processing fee and if required for the

homeownership program, a new deposit will be collected.

C. The WRHD will determine the purchase price based on the construction costs

of the home, appraisal cost, and any other upgrades and/or renovations An amortization

schedule will be given to the household based on the amount (past rental payment will

not go toward the purchase price) and a fixed interest rate of 0.0%. (see Section VIII.

CONVERSION OF RENTAL HOMES TO HOMEOWNERSHIP UNIT Homeownership Program, Eligibility, Admission, Payment, and Occupancy Policy)

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