RENTAL ADMISSIONS AND OCCUPANCY POLICIES
Contact person
Rose Bullchild
BH Occupancy Department Supervisor
(406)-338-5031 ext.213
Rose@blackfeethousing.com
SECTION I
General
The Blackfeet Housing will accept applications for admission to its Rental Program from applicants who, at the time of application, meet all of the following requirements:
The applicant must qualify as a family. A family includes but is not limited to:
1. An Elderly Family
2. The remaining family member of a tenant family
3. A Displaced person
4. One or more persons (not otherwise defined above) as defined by BH.
An Elderly Family is a family whose head of the household, spouse, or sole member is at least sixty-two years old or disabled or handicapped. Additionally, an Elderly Family may include two or more elderly, disabled, or handicapped persons living together, or one or more such persons living with one or more persons who are determined to be essential to their care or well being.
a. The person was a resident in the project at the time of conversion to public housing.
b. HUD has determined that the project, by design or location is not suitable for occupancy by the elderly, disabled or handicapped.
c. The project has experienced vacancies of at least 60 days and the units are not likely to be occupied within the next 12 months unless made available to single persons.
If the applicant qualifies in one of the eligible categories, he or she has passed the first test for eligibility. However, the BH must also examine the applicant’s annual income before making a final determination eligibility. If the BH determines that the applicants is not eligible based on family composition, it must also notify the applicant of his or her right to a informal hearing and provide a hearing if the applicant requests one.
B. APPLICATIONS FROM PREVIOUS TENANTS
Applications from previous tenants and home buyers who still owe money to BH will be allowed to reapply. They will advance up the list as long as they continue to make payments on the money owed to BH on a regularly scheduled basis. When they reach to top of the list they will not be issued a unit until moneys owed BH is paid in full. They will remain at the top of the list until this is accomplished. If the applicant defaults on the re-payment agreement they signed with the Collections Department, they will be removed from the BH waiting list and the application will be returned to them, and will not be allowed to re-apply again until all money’s are paid in full.
1. Applications for BH assistance will not be accepted where one or more family members listed on family composition have been previously convicted of Drug Related activities. Each applicant will be reviewed by Board action.
2. The Blackfeet Housing Application Review Committee, has the right to reject applicants for housing in cases where it has determined that admission of the applicant would be damaging to the health, safety, or welfare of other tenants, or the financial stability or physical environment of the project.
3. In order to determine whether the admission of an applicant would be damaging to the health, safety, or welfare of all tenants, the Blackfeet Housing Application Review Committee will take into account the following factors:
a. Applicant’s past performance in meeting financial responsibilities, especially rent;
b. Any record of disturbance of neighbors, destruction of property or living or housekeeping habits which may be damaging to the health, safety, or welfare of other tenants;
c. Any history of criminal activity involving crimes of physical violence to persons or property and other criminal acts which would be damaging to health, safety, or other tenants.
4. In the event of the receipt of the unfavorable information about an applicant, consideration will be given to the time, nature and seriousness of the applicant’s behavior and to factors which might show a reasonable chance of favorable future behavior or financial prospects, for example:
a. Evidence of rehabilitation;
b. Evidence of the applicant family’s participation in or willingness to participate in social service or other appropriate counseling programs and the availability of those programs;
c. Evidence of the applicant family’s willingness to attempt to increase family income and availability of training or employment programs in the locality.
5. Rejected applicants will be notified in writing and may appeal the determination.
Applicants will be informed in writing by the Application Processor of the reasons for ineligibility and will be given an opportunity to appeal the decision within the following fifteen-day period.
1. Any family that wishes to apply for the Rental Housing Program must submit an application to the Blackfeet Housing. Families which are also eligible for all BH Programs may apply for all programs.
2. The head of the applicant household must be eighteen (18) years of age or older.
3. All applications will be dated as received in their complete form.
E. MAINTAINING THE WAITING LIST
1. Separate waiting lists shall be maintained for the Rental Housing Program, Voucher Program, Home Program and the Last Star Program
2. All applications shall be filed in the waiting list file unless a unit is immediately available for the applicant.
3. The waiting list shall be divided according to bedroom size needed, priority categories and date of application.
4. The BH Application Review Committee will review all new applications to determine eligibility and preference. Preference assignments for previous applicants may be changed at this time and the waiting lists updated.
5. Determination of the number of bedrooms required by an applicant shall be made according to the Occupancy Standards.
6. For each bedroom size, applicants shall be listed according to Federally Mandated Preferences as outlined in Section II.
7. Elders, disabled, or handicapped applicants only shall be placed on the waiting list for and selected to fill vacancies in elderly projects.
8. The eligibility pstatus of each applicant on the waiting list shall be updated annually, in the month of July, only.
9. BH has the right to close the application process for all programs. If the Board of Commissioners decides to close the application process, BH will only accept applications, per availability of units and after the waiting list is exhausted. Applications will be accepted on per bedroom size or per program as needed. If BH is in need of applications then BH will only accept applications for 30 days and then close the application process.
Closing or reopening of the application process will be publicly announced prior to action being taken.
1. The Application Processor will receive a complete and full application from and
applicant before determining eligibility or non eligibility.2. Eligible Applicants
a.. Each applicant determined to be eligible will be promptly notified in writing of his/her eligibility.
b. The Application Processor shall maintain records of the notification of eligible applicants.
3. Ineligible Applicants
a. Each applicant determined to be ineligible will be promptly notified in writing that he is not eligible. The notice will state the reason (s) for Ineligibility and will explain his right to object or receive further explanation from BH.
b. Applications from families which are declared ineligible shall be returned to the applicant with a letter explaining the reason (s) for ineligibility. Letters notifying families of their ineligibility will be kept as permanent records of BH.
SECTION II
SELECTION POLICIES
Applications will be dated and time stamped upon receipt in the BH office and person submitting the application will be required to sign the application log. When received by mail the application will be recorded in the BH mail log. The waiting list shall be maintained as set forth in this policy.
All applications will be reviewed to determine if the family appears to meet Income and family definition requirements of the NAHASDA regulations.
1. The waiting list will sort by time and date:
a. College preference. - Voucher Program Only
b. Blackfeet enrolled member living on the Blackfeet Reservation,
descendant/non-member, custodial parents who are parents of enrolled children living on Reservation..
c. Blackfeet enrolled members living off the Blackfeet Reservation.
d. Enrolled members of other Federally Recognized Tribes.
e. Blackfeet descendants on the Blackfeet Reservation.
if. Blackfeet descendants off the Blackfeet Reservation
g. Other Applicants.
B. ADDITIONAL SELECTION CRITERIA
1. As of July 1, 1984, only very low income families can be approved for admission to any unit for which initial occupancy began on or after October 1, 1981, except with the prior approval of HUD. In order to ensure that low income families are not discriminated against, as of July 1, 1984, any units with an Annual Contribution Contract before October 1, 1981, BH can allow 25 percent of the units to be occupied by lower income families.
2. Modified income limits are hereby approved effective July 1, 1984, for designated Indian Reservations in selected States as indicated below:
Colorado..........Southern Ute, Ute Mountain Ute
Montana...........Blackfeet, Crow, Flathead (Salish/Kootenai), Fort Belknap, Fort Peck, Northern Cheyenne, Rocky Boy (Chippewa - Cree)
Nebraska..........Omaha, Santee Sioux, Winnebago
North Dakota...Fort Berthold, Trenton, Turtle Mountain, Fort Totten (Devil’s Lake Sioux)
South Dakota...Cheyenne River, Crow Creek, Flandreau, Lower Brule, Oglala Sioux, (Pine Ridge), Standing Rock, Rosebud, Sisseton-Wahpeton, Yankton Sioux
Wyoming........Wind River (Shonshone/Araphoe)
Utah................Soshute, Utah Paiute (Southern Paiute), Ute Indian (Uintah/Ouray)
Income limits for lower-income and very-low income families by family size:
The Blackfeet Reservation is required to use the United States median income limits for Lower-Income and Very-Low Income Families by Family Size. Income Limits are based on the latest published median income.
3. Very Low Income family: A lower income family whose Annual Income does not exceed 50 percent of the median income for the areas, as determined by HUD, with adjustments for smaller and larger families. HUD may establish income limits higher or lower than 50 percent of the median income for the area on the basis of its finding that such variations are necessary because of unusually high or low family incomes.
4. Lower Income Family: A family whose Annual Income does not exceed 80 percent of the median income for the area, as determined by HUD with adjustments for small or larger families. HUD may establish limits higher or lower than 80 percent of the median income for the area on the basis of its finding that such variations are necessary because of the prevailing levels of construction costs or unusually high or low family income.
1. The Application Processor shall select from the waiting list the initial occupants for newly contracted rental units, using very low income families above low income families.
2. The Application Processor shall select families from the waiting list to fill any vacancies which may occur after initial occupancy. The waiting list shall be followed in the same manner for filling vacancies as in placing initial occupants.
3. Blackfeet Housing shall not discriminate against applicants on the basis of race, origin, color, familial pstatus, sex, religion, or handicap. Decisions will be based on preference guidelines.
D. NOTIFICATION OF SELECTED FAMILIES
1. The Occupancy Technician assigned to the vacant unit will notify each family personally selected for rental housing to include the following statements:
a. That the family has been selected.
b. The project, unit number and street address of the family’s unit (selected families may have a choice of several units);
c. The date on which the lease will take effect and that family may move in;
d. That the head of the household and spouse must arrange to visit the Housing office to complete the occupancy interview and sign the lease prior to the date of occupancy.
e. That the family must respond immediately within five (5) working days of personal notification or forfeit the unit.
f. That the required security and utilities deposit must be paid prior to the date of occupancy; and
g. That the documentation regarding income must be provided prior to occupancy.
h. That the Drug-Free Policy be signed, prior to the date of occupancy.
2. If an applicant if offered a suitable unit and fails to respond to Blackfeet Housing or accept and move into the unit as required, the applicant will be moved to the bottom of the waiting list unless an adequate reason relating to hardship, inopportune timing of the move, extraordinary distance from a family member’s place of employment, etc., can be shown.
3. If an applicant fails to complete all other pertinent actions ( i.e., making security and utilities deposits, etc.), within the required time period, he will forfeit the unit.
4. That the family must participate in a move-in inspection of its unit and sign an inspection report stating the actual condition of the unit.
1. After selection and paying all required deposits for a rental unit, a family will participate in an occupancy interview with the Occupancy staff.
2. The occupancy interview shall include a program explanation for the selected family.
3. At the occupancy interview, the family shall complete and sign an updated income and family composition form, providing current income and other data for Blackfeet Housing. The family must sign a Drug-Free Policy if not done prior.
4. The family shall receive a copy of the BH Rent and Payment Collection Policy, Rules of Occupancy and other appropriate information.
1. All information provided by applicants for admission and by selected families will be verified. Applicants must provide proof of their statements when requested to do so by the staff of BH.
2. Verification of this information must be received prior to move-in.
3. Earned income must be verified through employers or appropriate forms at the time of admission and again at least annually at each re certification. Unearned income must be verified by appropriate documentation.
4. A doctor’s certification is required to document disability ppstatus. A doctor’s certification as to the degree and length of disability is also required for disabled heads of households or their spouses who are not receiving in order for the elderly family to receive the deduction of medical expenses in excess of 3 percent of their annual income.5. Adult applicants must sign a form allowing, for the entire period of occupancy, the release of information which will be needed to determine eligibility and monthly rent payments.
6. If a selected family fails to provide or to arrange for provision of income and other
documentation, BH will not allow occupancy until such information is provided.
SECTION III
OCCUPANCY POLICIES
1. Income and other information provided by the selected family during the
occupancy interview, and verified as required, is used to determine family rent
payment.2. The following definitions of income shall be used in calculating rent payments;
Annual income is the anticipated total income from all sources received by the family head and spouse (even if temporarily absent) and by each additional member of the family, including all net income derived from assets, for their 12-month period following the effective date of initial determination or reexamination of income.
This does not include income that is temporary, nonrecurring or sporadic as defined in Paragraph (d) below. Certain other types of income are not to be counted as income and these are listed below in Paragraph (e).
C. INCOME INCLUDES BUT IS NOT LIMITED TO
1. The full amount, before any payroll deductions, of wages and salaries, overtime
pay commissions, fees, tips and bonuses, and other compensation for personal
services.2. The net income from operation of business or profession (for this purpose, expenditures for business expansion or amortization of assets shall not be deducted
to determine the net income from a business);3. Interest, dividends, and other net income net of any kind from real or personal
property (for this purpose, expenditures for amortization of capital indebtedness and an allowance for depreciation of capital assets shall not be deducted to determine the net income from real or personal property). Where the family has net family assets in excess of $5000. Annual 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 saving rate as determined by HUD;
4. The full amount of periodic payments received from social security, annuities,
insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts, including a lump-sum payment for the delayed start of a periodic payment;5. Payment in lieu of earnings, such as unemployment and disability compensation, worker’s compensation, and severance pay (but see paragraph (d)(3) of this section);
6. Welfare Assistance: If the welfare assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as income shall consist of;
a. The amount of the allowance or grant exclusive of the amount specifically designated for shelter or utilities; plus
b. The maximum amount that the welfare assistance agency could in fact allow the family for shelter and utilities. If the family’s welfare assistance is ratable reduced from the standard of need by applying a percentage, the amount resulting from one application of the percentage;
7. Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from persons not residing in the dwelling;
8. All regular pay, special pay, and allowance of a member of the Armed forces (whether or not living in the dwelling) who is head of the family, spouse, or other person whose dependants are residing in the unit (but see paragraph (d)(5) below); and
9. Any earned income tax credit to the extent it exceeds income tax liability.
D. ANNUAL INCOME DOES NOT INCLUDE SUCH TEMPORARY, NONRECURRING OR SPORADIC INCOME AS THE FOLLOWING:
1. Casual, sporadic, or irregular gifts;
2. Amounts that are specifically for or in reimbursement of the cost of Medical Expenses.
3. Lump sum additions to family assists, such as inheritances, insurance payments under health and worker’s compensation, capital gains, and settlement for personal or property losses (but see paragraph©)(5) of this section):
4. 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 cost of tuition, fees, books, and equipment. Any amount of such scholarships, or payments to veterans, not used for the above purposes that are available for subsistence are to be included in income; and
5. The hazardous duty pay to a family member in the Armed Forces away from home and exposed to hostile fire.
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:
a. Relocation payments made under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies of 1980;
b. The value of the allotment provided to an eligible household for coupons under the Food Stamp Act of 1977;
c. Payments to volunteers under the Domestic Volunteer Service Act of 1973;
d. Payments received under the Alaska Native Claims Settlement Act;
e. Income derived from certain sub marginal land of the United States that is held in trust for certain Indian tribes;
f. Payment or allowances made under the Department of Health and Human
Services’ Low Income Energy Assistance Program;g. Payments derived from the Job Training Partnership Act;
h. Income derived from the disposition of funds of the Grand River Bank of
Ottawa Indians;I. The first $2000 of per capita shares received from judgment funds awarded by the Indian Claims Commission or the Court of Claims, of from funds held in trust for an Indian Tribe by the Secretary of Interior.
If it is not feasible to anticipate a level of income over a 12-month period, the income anticipated for a shorter period may be annualized, subject to a re determination at the end of the shorter period.
F. ADJUSTED INCOME (FAMILY INCOME) is the income on which rent is based. This is the total family income for the following year minus all exemptions and deductions for which the family is eligible.
G. MONTHLY ADJUSTED INCOME is the family income divided by twelve.
H. ELDERLY FAMILY is a family whose head or spouse is at least sixty two years of age.
A family whose head or spouse (or sole member) is a person who is a elderly, disabled, or
handicapped person. It may include two or more elderly, disabled, or handicapped
persons living together, or one or more such persons living with another person who is
determined to be essential to their care or well being.
I. DEDUCTION ALLOWED ARE AS FOLLOWS:
1. $480 for each dependant.
2. $400 for any elderly family.
3. Medical expenses in excess of 3 percent of annual income for any elderly family.
4. Child care expenses for children under 13 years of age where necessary to enable family members to further their education or be gainfully employed. The amount deducted shall reflect reasonable charges for child care. The amount to be deducted to permit employment shall not exceed the amount of income from such employment.
J. TOTAL TENANT RENTAL PAYMENT
Total tenant rental payment shall be the highest of either a or b rounded to the nearest dollar:.
a. 15% of Monthly adjusted income.
b. Ceiling rent per bedroom size:
$150.00 One bedroom unit
$175.00 Two bedroom unit
$200.00 Three bedroom unit
$225.00 Four bedroom unit
$250.00 Five bedroom unitc. Total utility allowances per bedroom size:
$ 50.00 One bedroom unit
$ 63.00 Two bedroom unit
$ 87.00 Three bedroom unit
$100.00 Four bedroom unit
1. Utility allowances will be determined by HUD & NAHASDA regulations.
2. Tenants are responsible to pay all utilities and the deposits required for utility services.
3. BH will charge the tenant for any damages to the rental housing unit which are the result of the tenant’s negligence or abuse of the property.
4. BH may charge the tenant penalty fees for rent payments which are late in accordance with the rent collection policy of the BH.
1. The following standards will determine the number of bedrooms required to accommodate a family of a given size:
Number of Persons
|
||
NUMBER OF BEDROOMS |
MINIMUM |
MAXIMUM |
0 |
1 |
1 |
1 |
1 |
2 |
2 |
2 |
4 |
3 |
4 |
6 |
4 |
6 |
8 |
5 |
8 |
10 |
6 |
10 |
12 |
2. Two persons shall normally occupy each bedroom, except in the following circumstances:
a. A child of less than two years of age may occupy the same bedroom as the parents.
b. Except for husband and wife, and children up to five years of age, persons of the opposite sex will not occupy the same bedroom.
3. In determining the number of bedroom needed, BH will give consideration to sex and age of family members, and to physical health problems of family members.
4. Occupancy standards may be waived:
a. When a vacancy problem exists and waiving the standard is necessary to maintain full occupancy; or
b. When there is an emergency need for housing and there is not a unit of the required size available.
1. Transfers of tenants to different units shall be approved by the Occupancy Staff if the size of the family changes, and the dwelling no longer is appropriate to the family’s needs, according to the occupancy standards. Such tenants will be required to move to other available units which are the correct size.
2. Transfers will be allowed to different area for medical, educational, and job related reasons. These types of transfers must have verified documents supporting the request to move.
3. Tenants approved for transfer shall have priority over new applicants when vacant units are filled. Approval will be based on family size, Accounts receivable, Condition of unit, current re certification, and lease compliance. However, at the discretion of BH Staff, BH may transfer that individual to an appropriately sized unit. The monies and amounts due BH by the individual shall remain, and transfer only after repayment agreement is done as well.
4. To avoid overcrowding of rental units, tenants are required to inform Blackfeet Housing whenever there is a change in household composition from that shown on the application.
5. An inspection of the unit occupied will be done and an estimate of the move-out repairs will be given to the tenant and must be paid in full prior to transferring.
1. A lease agreement will be entered into by Blackfeet Housing and Tenants before the family may be admitted to a rental housing unit. One copy of the lease agreement will be given to the tenant and one copy will be kept in the BH office. The lease must be current at all times, and must be compatible with BH policies and tribal and federal law.
2. The head of the household and Co-head will sign the lease for the family.
3. If the tenant transfers from one dwelling unit to another a new lease will be executed.
4. If the head of the household or Co-head changes, a new lease will be executed.
5. If the amount of the rent changes, a notice will be dated, signed and furnished to the tenant. The notice will be come part of the existing lease between the tenant and Blackfeet Housing.
6. If the lease provisions must be changed:
a. The existing lease may be cancelled and a new lease extended.
b. An appropriate rider may be added to the existing lease; or
c. Appropriate insertions may be made within the existing lease.
Riders and insertions (except regarding rent changes) must be dated and signed or
Initiated by the tenant and BH. Outdated leases will be kept in the tenant’s master file folder. The HUD Form 50058 may be used as a rider to the lease, if such procedures is adopted by the Housing Board.
1. A security deposit of $200.00, $75.00 for elderly, handicapped, or disabled heads of household, must be paid by tenants at the time of admission.
2. A security deposit will be deposited to an appropriate account and will not be used except when the tenant vacates the unit and leaves with unpaid delinquent rent charges or when there are charges associated with move-outs.
3. The security deposit will be returned to the tenant when the tenant vacates the unit if:
a. There is no unpaid rent or other charges owed to BH by the tenant.
b. The move-out inspection shows that the unit is reasonably clean with no damages except those resulting from normal wear and tear.
c. The keys are returned to the BH office. A charge against the security deposit will be made for tenants who fail to return the keys.
4. Within 30 days, Blackfeet Housing will forward to the vacating tenant a written accounting of the use of the security deposit, plus a check for the unused amount.
1. Regularly Scheduled Re determinations will be done on an annual basis at the anniversary date of move-in. Notification in writing will be done with a ninety (90), sixty (60), and thirty (30) day notice in advance of due date.
a. Rent adjustments are determined at a re certification interview in accordance with the established reexamination schedule.
b. Rent is predetermined at least annually for all tenants. In fitting new tenants into the reexamination schedule, the first reexamination of new tenants families may not be extended more than twelve months from the date they are admitted.
2. Interim Predetermination
a. Rent will be adjusted (increased or decreased) when there is a change in family composition or an increase or decrease in a tenant family’s gross income.
b. Tenants are required to report all changes in income and / or family composition to Blackfeet Housing within ten (10) days of the occurrence of such change.
c. If rent was established pending an expected change in family composition or income at some time in the future, rent shall be predetermined when the change occurs.
d. From time to time, it is not possible to accurately determine annual family income at the time of admission, regular reexamination or interim predetermination. In such cases, a temporary determination of income shall be made and a special reexamination shall be scheduled in thirty, sixty, or ninety days, depending on the family’s circumstances. The family is to be notified in writing of the date of the special reexamination.
1. If annual family income can reasonable be estimated at the time of the special reexamination, the reexamination is to be completed and action taken as appropriate.
2. If a reasonable anticipation of annual family income cannot be made, another special reexamination is to be scheduled.
e. Tenants will be notified in writing of any rent adjustment, and the notice will state the effective date of the adjustment.f. For rent increases, the adjustment will become effective the first of the second month following the re certification. In the case of rent decreases, the adjustment will become effective the first of the following month.
g. If Blackfeet Housing determines that the tenant has willfully misrepresented or withheld the facts upon which the rent is based, an increase in rent may be retroactive (to a date which Blackfeet Housing will determine).
h. Zero income must be verified each month, failure to verify, will waive any credit and will result in an increase in rent which may be retroactive to a date determined by Blackfeet Housing.
i. All information provided by tenants during rent predeterminations will be verified.
1. A family occupying a rental housing unit shall not be required to leave its rental unit because of gross family income has increased and exceeds the income limits for eligibility.
2. If the head of household dies, leaves the home or relinquishes his/her rights the family may continue to occupy the unit so long as there is a new lease executed with the remaining family members of original lease and family composition, including children born after the date of move-in, and a new head of household is established. Head of household must be eighteen years of age or older.
1. Tenants who wish to move out of rental units are required to provide Blackfeet Housing with two weeks’ written notice of the intention to vacate.
2. Tenants who fail to provide any notice will be charged for the full month in which they vacated the unit, including Tenant’s Paid Rent. Tenants who provide the required notice will be prorated from the date they vacate.
S. INSPECTION AND DAMAGE CHARGES
1. Move-in inspections: Blackfeet Housing will conduct a pre-occupancy inspection prior to move-in. At this time, the condition of the unit will be determined and agreed to by both parties, and all features of the unit will be explained.2. Move-out inspections: Blackfeet Housing staff will conduct a move-out inspection within twenty-four hours after voluntary move-out or eviction.
a. Any damage determined to have been caused through the fault or neglect of the tenant family rather than through normal wear and tear shall be charged against the tenant’s security deposit.
b. If damage charges exceed the security deposit, the tenant shall be billed for the excess amount. Failure to pay damage charges will result in court action to collect.
c. Vacating tenants who fail to pay any damage or other charges owed to the Authority shall be ineligible for any further assistance from Blackfeet Housing.
d. Any personal property or household goods and furnishings belonging to tenant or homeowner which are left on premises after voluntary or involuntary vacate due to termination of lease, eviction, or abandonment of unit shall be removed after twenty-four hours by the BH Maintenance personnel.
Said property of household goods and furnishings shall be placed in a secure place in a building on the property or at the Blackfeet Housing Maintenance garage for no less than 5 days.
The owner of said property shall be notified by registered mail and shall be asked to remove said property immediately or notify BH as to when such removal will take place. The notification shall state a deadline date for removal and the consequences if such deadline is disregarded.
After all of the above measures have been taken and the property has not been claimed, the Executive Director shall determine whether said property shall be disposed of. The disposal method shall be removal of said property to the closest dumping facility by housing maintenance staff.
1. Each family occupying a unit must maintain both the interior and exterior of the house in a satisfactory and sanitary manner. All maintenance and repair needs shall be reported to BH maintenance promptly by the family.
2. All maintenance work which is the result of normal property wear and tear shall be completed at BH expense.
3. All maintenance work which is caused by tenant abuse, neglect, or carelessness shall be completed by BH and charged to the tenant. Damages due to tenant abuse, neglect, or carelessness in the amount of $1,000 dollars or more shall result in immediate eviction/ termination proceedings.
4. The Housing Maintenance staff shall be allowed to enter any unit at any time to make emergency repairs when damages threaten the unit or the safety of the family.
1. No eviction action will be taken without Blackfeet Housing first giving the tenant a notice of possible lease termination which states the cause (s) for the termination and corrective action required. The notice shall specify an appropriate period of time during which required action must be taken.2. The tenant will be given an opportunity for a private conference to make any reply or explanation he may have concerning Blackfeet Housing’s notice of lease termination.
3. If corrective action is not taken within the specified period of time, the Collection Specialist, with concurrence by the Executive Director, shall begin eviction action through the Tribal Court.
4. A written record of every eviction will be maintained by Blackfeet Housing and will contain the following information:
a. Name of tenant and identification of unit occupied;
b. Date of notice of lease termination;
c. Specific reason (s) for lease termination;
d. Date and method of notifying tenant with summary of any conferences with the tenant, including names of all persons at the conference.
e. A statement that the tenant has been informed of his rights to discuss and resolve any grievance with management through the BH Grievance Procedure;
f. A copy of any material presented to the Tribal Court, and a copy of the Court Order.
Blackfeet Housing will notify a tenant in writing if any misrepresentations of income, household composition or other stated facts are revealed through scheduled or interim predeterminations or through any means. The notice will state any corrective action required by BH. BH may require that the tenant pay the difference between what was collected and what should have been collected during the period in question.
1. The tenant, members of his household and visitors shall comply with all laws affection the use or occupancy of the premises.
2. The tenant shall not create any disturbances which would cause annoyance or discomfort to other tenants or the community.
3. The person whose name is on the lease is responsible for all actions of children and other residents, and guests of the unit.
4. Every unmarried person under the age of eighteen (18) years shall be subject of curfew regulations throughout the Blackfeet Reservation. From June 1, to September 1, the curfew shall be 11:00 p.m., and from September 2, to May 31, the curfew shall be 10:00 p.m., or shall conform to the laws of the various municipalities throughout the Reservation. Parents or guardians of children under the age of 18 are responsible for curfew regulations. Exceptions are permitted if the child is under immediate supervision of an adult, parent, or guardian during meetings and gatherings; or may attend authorized school functions without such supervision. Any parent, or guardian, whose children fail to obey the curfew regulations, may be guilty of a criminal offense. The Housing specifically adopts the Tribal Curfew and violation thereof may lead to eviction.
5. The tenant shall keep the premises in a clean and sanitary condition, both inside and outside of the dwelling unit.
6. No more than two (2) house pets are permitted in a unit. Dogs must be leashed or fenced in at all times. No dogs are allowed to be kept by tenants living multiple family dwelling units, except elderly families in accordance with federal regulations. Any pets that are causing problems will be dealt with in accordance with the Blackfeet Tribal Dog Ordinance. Dogs which exhibit aggressive behavior are prohibited on Housing property.
7. No livestock is to be kept by rental tenants on Housing Property.
8. Cars shall be parked only in designated parking areas. Cars in inoperable condition or without current license plates for over 30 days must be removed from the premises. If the tenant fails to remove the car, the Authority will have it removed at the tenants’s expense. And will also be dealt with according to the Blackfeet Reservation Junk Vehicle and Wrecking Yard Ordinance. Buses, motor homes, horse-trailers, camper-trailers, and all terrain vehicles are prohibited on all Housing owned property, including all rental community sites and common areas, if the Housing determines it to be unsightly or hazardous.
9. Tenants may not sublease unit, take in boarders or use the house or grounds as a place of business without prior written approval of Blackfeet Housing.
10. Tenants shall pay all utility charges to their respective suppliers each month without notice to prevent shut-offs.
11 Blackfeet Housing will not be responsible for any articles or personal property left in vacated units. After giving five (5) working day written or hand delivered notice the BH will dispose of all personal property left in vacated units.
l2. BH is not responsible for any articles or personal property lost or stolen from the premises or grounds.
13. The tenant shall notify Blackfeet Housing promptly of the need of any repairs to the premises. The tenant shall be charged for all damages due to his negligence or mistreatment of property. All broken windows and doors will be repaired at the expense of the tenant.
14. Tenants shall cooperate with Blackfeet Housing in the completion of all maintenance work and maintenance inspections. Tenants may not deny BH permission to enter rental units for maintenance work or inspections purposes.
15. In the event of damage caused by the tenant that is covered under the Housing’s Amerind insurance fund, the tenant will pay the deductible amount for each loss.
16. The tenant agrees to not alter the premises during tenancy without prior written approval by the housing. Said alterations include but are not limited to: installing carpet, changing locks or fixtures, etc..
17. All leasehold improvements made to the property by the tenant become the property of the Housing upon termination of lease.
18. The tenant shall deposit all garbage, trash, and rubbish in plastic bags in a suitable metal receptacle in the storage area provided.
19. Burning of any kind is prohibited in the project and home-site areas.
20. Plumbing, electrical, or gas burning equipment shall not be used for any other purpose than those for which they are intended (e.g., ranges are not to be used for heating the unit). Equipment shall not be adjusted or modified by the tenant. The tenant shall report faulty equipment to Blackfeet Housing.
21. Inflammables, gasoline, naphtha, solvents, etc., must not be kept in the dwelling unit.
22. Sale of fireworks are prohibited at all times on all Housing owned property, including but not limited to rental community sites, Home ownership community sites, project streets, and office/community center grounds. The use of fireworks is also prohibited on Housing owned property without proper supervision. Any damage caused by the use of fireworks will be charged to the tenant.
23. BB guns, pellet guns, etc., are prohibited in all Rental and community sites, without prior approval of BH. Damages caused by these will be charged to the tenant(s) found to be responsible, and can also result in eviction.
24. Firearms are permitted for use of providing food for the family, but must be licensed, and secured in an area inaccessible to children, adults or anyone who might cause harm to themselves or others. Tenants with firearms must report these to the Blackfeet Housing Security.
24. Tenants may construct fences on the grounds around the leased premises. Prior permission must be obtained in writing from the BH maintenance department. Fences must constructed in a manner as to complement the surrounding area. Fences shall not exceed 4' feet in height at the front of the dwelling unit; 6' feet in height at the rear of the dwelling unit; at least 5' feet from the curb and public thoroughfare; and 15' feet from the corner curb to the corner of the fence.
25. All permanent fences are considered leasehold improvements and become the property of Housing. If the tenant elects and BH agrees to allow the tenant to remove the fence upon termination of the lease agreement, the tenant will return the grounds to the same condition at his/her own expense.
X. MANDATORY TENANT COMPLIANCE MEETINGS AND WORKSHOPS:
Blackfeet Housing tenants are required to attend all meetings and workshops set up by Housing Staff. Notices will be mailed or hand delivered at least one (1) week in advance. Tenants must notify the Housing Staff at lease twenty four (24) hours prior to the date and time if they are not able to attend.
Y. DRUG POLICY: ZERO TOLERANCE
Blackfeet Housing, in order to provide secure, safe and decent housing, hereby adopts a zero tolerance policy regarding illegal drug use, on or off Blackfeet Housing premises.
Any occupant, family member, guest or person, whom Blackfeet Housing has reasonable cause to believe, whose illegal drug use or pattern of use, or use of, or pattern of use of alcohol, on or off Blackfeet Housing premises, interferes with the health, safety and peaceful enjoyment of individuals in Blackfeet Housing units, will be subject to immediate eviction.
The occupant understands, consents to and agrees that they, their family members and guests will maintain the Unit in a drug free state, or be subject to immediate eviction. If the occupant, any member of the household or a guest engages in any drug related activity, on or off Blackfeet Housing project premises, they will be subject to immediate eviction. Conviction is not necessary for eviction to occur.
If any applicant or tenant family disagrees with Blackfeet Housing staff actions or decisions implementing any of the policies contained in this admission and occupancy policy, an appeal may be made as provided for in Blackfeet Housing’s Grievance Policy.