§ 256.10 When do I qualify for Category C assistance?

(a) You qualify for replacement housing assistance under Category C if you meet one of the three sets of requirements in the following table.

You qualify for Category C assistance if . . .

And . . .

And . . .

(1) You own the house in which you are living as defined in § 256.13(g)(1)-(5)

The house cannot be brought up to applicable building code standards and to standard housing condition for $60,000 or less. (For Alaska, freight cost not to exceed 100 percent of the cost of materials can be added to the cost of the project)

[No additional requirement].

(2) You do not own a house

You own land that is suitable for housing

The land has adequate ingress and egress rights and reasonable access to utilities.

(3) You do not own a house

You have a leasehold or the ability to acquire a leasehold on land that is suitable for housing and the leasehold is undivided and for not less than 25 years at the time you receive assistance

The land has adequate ingress and egress rights and reasonable access to utilities.

(b) If you qualify for assistance under paragraph (a) of this section, you must sign a written grant agreement stating that, if you sell the house within 10 years of assuming ownership:

(1) The grant under this part will be voided; and

(2) At the time of settlement of the sale of the house, you will repay the tribe or tribal organization that operates the HIP or BIA the full cost of the house.

(c) If you sell the house more than 10 years after you assume ownership, the following conditions apply:

(1) You may retain 10 percent of the original cost of the house per year, beginning with the eleventh year.

(2) If you sell the house after 20 years, you will not have to repay the tribe, tribal organization, or BIA.

(d) A modest house provided with Category C assistance must meet the standards in the following table.

Number of occupants

Number of bedrooms 1

Total square footage 1(maximum)

Up to 4 persons

2

1000

Up to six persons

3

1200

7 or more persons

4

1400

1 Determined by the servicing housing office, based on composition of family. Total living space must comply with applicable American Disabilities Act requirements.