Homeownership Program Policies

The Tamaya Housing, Incorporated (“THI”) is the tribally designated housing entity (“TDHE”) of the Pueblo of Santa Ana authorized to administer funds under NAHASDA to provide housing for low income Santa Ana families and to provide other model housing activities.

It is the policy of the THI to provide safe, decent, sanitary, and affordable housing to low-income Santa Ana families. These Policies and Procedures shall govern the actions of the THI and its Homebuyers and ensure that the Homeownership Program is managed consistent with applicable federal laws and regulations and that applicants and Homebuyers are treated fairly and consistently.

These policies and procedures are applicable to all Homebuyers who are lease purchasing from THI a home funded under NAHASDA and other federal funds for affordable housing purposes. A copy of these Policies (also referred to as “Policy” herein) shall be provided to all Homebuyers. All Homebuyers shall sign an acknowledgment (see Appendix A) that they have received a copy of, and read, these Policies. A copy of the acknowledgement shall be put in the Homebuyer’s file.

These Policies and Procedures apply to the selection and admission of applicants, collection of required monthly payments, termination of leases and evictions, and hearing of grievances; and set forth occupancy requirements. It is the purpose of the THI to achieve the following goals:

1. To assist in alleviating the shortage of decent, safe, sanitary and affordable housing on the Pueblo of Santa Ana by providing such housing for low income Santa Ana families and other Santa Ana families in need of housing;

2. To plan for future development of housing on the Pueblo of Santa Ana;

3. To generate sufficient revenue to operate a self-sufficient housing entity.

The THI Homeownership Program provides home ownership opportunities for qualified low-income Santa Ana families. It affords a Santa Ana family (called the “Participant” or “Homebuyer”) an opportunity to purchase decent, safe, sanitary and affordable housing under a Lease Purchase Agreement (“LPA”), which is a lease with an option to purchase. The Homebuyer, in return, must fulfill his/her obligations to make monthly payments, to pay for the cost of utilities and to provide all maintenance on the home.

The Homeownership Program may have different requirements, including different monthly payments, depending on the year in which the Participant entered the program. Each Participant should read his/her Agreement to understand his/her obligations under the Program.

Homes constructed under this Program shall be constructed in accordance with the residential building standards of the International Residential Code.

1. These Policies are applicable to Homebuyers residing on scattered sites except where specifically noted.

2. A tribal member may request the Pueblo for a land assignment for the purpose of building a home under this Program. If the Pueblo has available land for home sites, it may assign land to the THI for housing and community development. If a Participant has a land assignment that he/she desires to build on, the Participant may transfer his/her land assignment, using a Collateral Assignment (see Appendix B) to THI for the term of the Lease Purchase Agreement. Any scattered sites under this Program shall be no smaller than ¼ acre and have all available infrastructures, and shall include a minimum of a twenty (20) foot road easement to access the property.

3. If an applicant terminates his/her participation from the Homeownership Program after he/she collaterally assigned his land assignment to THI and after THI has started development on the site, he/she forfeits any rights he/she may have had to the land assignment.

1. The Native American Housing Assistance and Self-Determination Act of 1996 (“NAHASDA”) – and its amendments, provides block grant funding to Indian Tribes or their Tribally Designated Housing Entities (“TDHE”) through HUD for the operation and management of housing for low income Indian families residing on Indian reservations and other Indian areas. This Act recognizes the federal government’s trust responsibility to Indian people and recognizes the sovereignty of Indian Tribes to implement their own housing programs consistent with local conditions.

2. The laws of the Pueblo of Santa Ana shall be applied in interpreting these Policies and the Contemporary Courts of the Pueblo of Santa Ana shall have exclusive jurisdiction to decide any disputes arising from the implementation of these Policies or arising under any Agreement required under these Policies. Any disputes shall first be heard under the THI grievance process set forth in these Policies.

3. HUD regulations governing the THI’s housing programs are contained in 24 CFR Part 1000. These regulations require all Indian tribes and their TDHEs administering HUD funding to adopt Admissions, Occupancy, Collection, and Termination Policies.

4. The THI is subject to the Indian Self-Determination and Education Assistance Act (25 U.S.C. § 405e(b) except as allowed under NAHASDA.

5. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d - 2000d-4), which prohibits discrimination in federally assisted programs, and the Fair Housing Act, as amended (42 U.S.C. § 3601 et seq.), which prohibits discrimination in the sale or leasing of housing, do not apply to Indian tribes or their TDHEs, and the THI’s restriction in favor of Santa Ana or Indian families is not a violation of any provision of Title VI of the Civil Rights Act of 1964 or the Fair Housing Act. The THI does not discriminate against applicants otherwise eligible for admission.

A copy of these policies shall be available in the THI Office.

All references to days in these policies shall mean calendar days, unless specifically stated otherwise. If a due date falls on a date the THI office is closed for business, the due date will be the next business day.

Notation. This Subsection was amended on August 17, 2010 by Resolution 10-R-01.

1. All notices from the THI to a Homebuyer required under these policies or under any other THI Policy shall be served by mailing the notice to the Homebuyer’s last known address by certified mail, return receipt requested, except that notices of annual inspections and recertifications may be sent by regular U.S. mail, postage prepaid, or by delivering the notice personally to the Homebuyer or to any adult member 18 years of age or older residing in the dwelling unit. If no adult is found at the home, the notice may be posted on the door by taping all four comers of the notice to the upper right hand corner of the door. Where service is by mail, the notice shall be deemed to have been delivered and received three (3) days from the date of mailing.

2. Where the notice is served in person, it may be served anywhere the Homebuyer is found, including the Homebuyer’s place of employment (if such is allowed by the employer) and any other public place. If the Homebuyer is represented by legal counsel, the notice may be served on the counsel, either in person or by mail.

3. Notice to the THI shall be in writing, and either delivered to a THI employee at the office of the THI or sent to the THI by mail or electronic mail.

Upon determination of good cause, the THI Board of Directors may amend or waive any provision of these policies which does not implement federal or tribal statutory requirements. Requests for an amendment or waiver shall be in writing, clearly indicating the provision of the policies requesting to be waived, and shall be supported by documentation of the pertinent facts and grounds. The Appendices included in these Policies are an integral part of these Policies, and as such, any amendments to the Appendices require Board approval.

The Homeownership Program is for low-income Santa Ana families. Participants must be able to make monthly payments of at least the administration charge defined in Section II and described in Section V. C of these Policies, except that Participants who entered the Program prior to November 2008 are exempt from this requirement. Participants must have the resources necessary to maintain their unit. Applicants for admission to the Homeownership Program shall meet the following requirements:

1. Be a tribal member. All household members must meet Pueblo residency requirements.

2. Be income eligible in accordance with the Income Limits Schedule in Section V. D of these policies.

3. Applicants must have sufficient income to maintain and upkeep a home and pay at least the administration charge established by the THI Board of Directors. The administration charge may differ for each project and covers the costs of insurance on the unit and other administrative costs. This provision is not applicable to participants who signed a Lease Purchase Agreement prior to November 2008 and whose Lease Purchase Agreement does not require a minimum payment of the administration charge.

4. Applicants must have the potential for maintaining at least their current income level.

5. The head of household or spouse/other responsible party must be 18 years of age or older.

6. The applicant must qualify as a family as defined in this Policy.

7. The family must be without safe and sanitary housing.

8. Must not have debts owed to the THI. Applications from previous Homebuyers of the THI who owe money to the THI shall not be considered for admission until the vacated account is paid in full to the THI.

9. The applicant must use the unit as his/her principal place of dwelling.

10. Must be capable and willing to comply with all requirements of Lease Purchase Agreement.

11. Must not be:

a. an adverse influence upon other residents; or

b. a source of danger to the peaceful occupancy of other residents, the premises, or property of the THI.

12. Must not have obtained prior housing assistance under a Homeownership program either from THI or any other governmental housing agency for the construction of a new house. Applicants must disclose any applications pending with other governmental housing agencies.

13. Must not have any of the following:

a. Unpaid vacated accounts left with the THI or any housing program managed by THI,

b. Eviction from THI unit within last five years due to delinquent payments or other reasons,

c. Leaving THI property in damaged condition without paying for the costs of repairing the property,

d. Abandonment of a THI-managed dwelling unit.

14. An applicant or a family member listed as a household member must not have been convicted within the past three (3) years of any of the following offenses:

a. Drug felony offenses,

b. Theft or destruction of property, including graffiti.

The three (3) year restriction will not apply if the person has completed a rehabilitation program and has completed all probationary terms imposed by the jurisdiction that convicted the offender.

15. An applicant or a family member listed as a household member must not have been convicted within the past ten (10) years of any of the following offenses:

a. Sexual abuse of children,

b. offenses involving bodily harm, including rape, aggravated assault, manslaughter, attempted murder, and murder.

1. THI will conduct a criminal history of all applicants and household members 18 years of age and older from law enforcement agencies or other reliable source.

2. The THI shall maintain such records separate from all other housing records. Criminal conviction records shall be kept under lock and key and under the custody and control of the THI’s Executive Director, or his designee for such records. The records may only be accessed with the written permission of the above official, and may only be used for the purposes of applicant screening, lease enforcement, and judicial eviction proceedings. The content of the records may be disclosed only to a person who has a job related need for the information and who is an authorized officer, employee, or representative of the THI or the Pueblo of Santa Ana.

3. In the event of any unfavorable information regarding an applicant or household members, the THI may take into consideration the time, nature, and extent of the occurrences and reasonable probability of future favorable performance in determining further eligibility. Factors which indicate a probability of favorable future conduct or financial prospects may include:

a. Completion of rehabilitation treatment or counseling program or other evidence of rehabilitation;

b. Evidence of willingness to participate in appropriate counseling service programs;

c. Evidence of willingness to participate in training or employment programs in the locality.

Each Homebuyer shall be required to participate in and cooperate fully in all pre-occupancy and post occupancy Homebuyer education counseling programs scheduled by THI. These include, but are not limited to, financial literacy classes, home maintenance education and training classes and other homebuyer education trainings and workshops. Failure without good cause to participate in all sessions shall constitute a basis for disqualification from the program and shall constitute a breach of the Lease Purchase Agreement.

A family applying for the Homeownership Program must submit a written Application Form

available at the THI Office. See Appendix C. The applicant shall provide all information necessary for the THI to determine whether the family meets the eligibility requirements for admission. Verification of tribal membership, employment and income, earned and non-earned (including appropriate documentation to substantiate the determination of total family income), family composition, and present housing conditions is required. Verification documents (e.g., birth certificates, social security cards, tax returns, family profile, and verification of residence) are essential to substantiate the application, including family composition, and shall be made part of the record of each application along with all other documents relating to eligibility.

1. The filing of an application for any other Program managed by THI, shall not in any way affect the family’s status with regard to the Homeownership Program. Such applicant shall not lose his/her place on a Homeownership housing waiting list until the applicant has been selected for a unit under another THI program.

2. Applicants must disclose any applications pending with other governmental housing agencies.

3. The application must be signed and dated by the applicant(s) with the date and time stamped and initialed by THI staff when received.

1. Verification. All statements and information provided in the application are subject to verification by the THI during admission and recertification.

a. Applicants must provide social security cards (or another government card with the social security number) for all household members and provide proof of their statements.

b. As a condition of admission or continued occupancy, the THI shall require applicants/Homebuyers and family members listed as household members 18 years of age or older to sign the Authorization for the Release of Information form (see Appendix D). The form will be used by the THI to verify the applicant’s information by any depository, private source of income, or federal, state, or local agency, to determine eligibility and monthly payments.

c. Certification of the application by the applicant(s) is sufficient to verify preference eligibility and housing need.

d. The THI may require third party written verification from an employer or public agency, in the review of documentation provided by the family, such as benefits, and employment or other income. Any deductions to adjusted income claimed by a family must be supported by proper proof such as receipts and affidavits.

e. The THI shall not accept incomplete applications.

f. The THI may perform tenant credit checks of the applicants.

2. Income will be verified using any or all of the following:

a. The THI’s Income Verification form signed by the applicant authorizing the employer to release the Homebuyer’s income information;

b. A copy of the most current Income Tax Return for self-employed persons and all persons whose earnings are irregular;

c. A notarized memorandum from a pertinent source giving authoritative information concerning all amounts of income.

d. Other information acceptable to the THI.

Preference in the selection of eligible Homebuyers for new or existing dwelling units shall be made in the following order and using the preferences set forth in Section XII of this Policy:

1. General Preference.

a. THI will apply preferences as set forth in Section XII.

b. If two or more eligible applicants for the same unit size have an identical priority status, the applicant filing the earlier application will be offered the first available vacancy. If the applicant rejects the offer other than for a justifiable reason, the applicant’s name will be moved to the bottom of the eligible applicant list.

2. Application of preferences allowed under this section may result in a change of the Applicant Family’s standing on THI’s waiting list.

Each applicant will be given written notice of their eligibility within thirty (30) days of the determination.

1. Eligible Applicants. Each applicant determined to be eligible will be notified in writing by the THI. The notice shall include the following information:

a. A statement that the family has been determined eligible for the Homeownership Program.

b. Whether a dwelling unit is available for the family:

(1) information that a unit is available, identifying the location, project number, and unit number;

(2) the number of bedrooms the unit has;

(3) the approximate date of availability of the unit;

(4) a statement that the applicant will be required to sign a Lease Purchase Agreement prior to occupancy, which will describe the family’s duties and responsibilities;

(5) a statement that the notice is not a contract and does not mean that the THI is legally obligated to provide housing to the applicant;

(6) a statement that the family will be required to attend Homebuyer Education sessions; and

(7) a statement that the THI will request the Tribal Council for approval of the family’s selection.

c. If a dwelling unit is not available for the family, a statement that the applicant will be placed on a waiting list, that the family will be required to update his/her application annually, and that if the family has an updated application, he/she will be notified when a unit becomes available.

2. Ineligible Applicants. Each applicant determined to be ineligible will be notified in writing by the THI.

a. The notice shall state the reasons for the applicant’s ineligibility.

b. Applications declared ineligible shall be kept in the THI’s inactive file for at least one (1) year from the date of application.

2. Eligible applicants shall be put on the Homebuyer waiting list if no housing is available at the time of eligibility.

3. The THI shall maintain records of eligible applicants.

The THI shall maintain a Homebuyer waiting list of families who have been determined eligible for admission into the Homeownership Program. Eligible applicants will be placed on the waiting list according to: 1) the selection criteria; and 2) time and date of the initial application.

1. The THI shall update the waiting list and submit the list to the Tribal Council for final approval. On an annual basis, each applicant on file will be notified in writing to update his/her application to reaffirm the applicant’s eligibility and interest for housing. The notice shall inform the applicant that he/she may update his/her application in person, by mail or electronic means, such as by facsimile or electronic mail.

2. The THI waiting list shall remain open for new applicants

3. Applicants who receive notice to update their application and fail to update their application will lose their place on the waiting list and their file will automatically become inactive for lack of interest. Upon re-application, they shall be considered new applicants.

4. Any applicant on the waiting list who wishes to be removed from the waiting list shall submit a written notice to the THI.

1. To the extent feasible, selection for units will begin sixty days prior to proposed occupancy. The THI shall submit the selected prospective Homebuyers for Homeownership Projects to the Tribal Council for approval.

2. Eligible applicants will be selected for a unit that meets the needs of their family size according to the occupancy standards in Section V of these Policies.

3. The THI may deny selection in the Homeownership Program if the family’s gross income changes after the initial determination of eligibility, resulting in ineligibility for the Homeownership Program.

4. If the family’s income increases to a point where they become ineligible due to no longer being low-income, the THI may still admit the family under the following conditions:

a. THI makes a determination that the family requires housing which cannot otherwise be met without THI assistance; and

b. the income of the family does not exceed 100% of the median income (see Section V. D., or the income of the family exceeds 100% and the THI has requested HUD approval, which has not been denied within sixty (60) days of the request; and

c. selection of the family does not result in the development having more than 10% of its units occupied by families whose income falls over 80% of the median income; or selection of the family would cause the THI to exceed the 10% limit and HUD approval is obtained.

5. If an eligible applicant is employed by THI or serves as a Board of Commissioner or has a contract with THI, or is involved in the selection of applicants, or is an immediate family member (mother, father, brother, sister, son, daughter, grandparent) of any of the above; THI shall prior to selecting the applicant perform the following:

a. determine that there is no conflict of interest under any applicable tribal law;

b. publicly disclose, by publication, posting or otherwise, the type of assistance the applicant will receive and the specific basis for selection of the applicant;

c. provide HUD with a copy of the disclosure prior to the applicant occupying the home; and

d. insert the determination, disclosure and notice to HUD in the applicant file.

1. Final Acceptance

a. Upon acceptance of the home by the THI from the contractor, the THI shall determine whether the Homebuyer has met all requirements for occupancy and fulfilled mandatory Homebuyer counseling requirements. If so, the Homebuyer shall be notified in writing that the home is available for occupancy as of the date specified in the notice (“Date of Occupancy”).

b. If the TH] determines that the Homebuyer has not fully met any of the conditions for occupancy, the Homebuyer shall be so notified in writing.

The Notice shall:

(1) specify the conditions that have not been met by the Homebuyer; and

(2) specify the date by which all requirements must be satisfied; and

(3) advise the Homebuyer that the Lease may be terminated and a substitute Homebuyer may be selected for the unit if the requirements are not satisfied within the specified time.

2. Final Occupancy Interview. The THI will conduct a Final Occupancy Interview with the family prior to occupancy of the home. At that time, the Homebuyer shall complete and sign an updated application and supply current income and other necessary data for determination of the required monthly payment. At the Final Occupancy Interview, the THI shall review with the selected family, the family’s responsibilities as a Homebuyer.

3. Execution of Homeownership Lease Agreement (Appendix F). The Homebuyer shall execute a Homeownership Lease Agreement before occupancy. The THI Homeownership Lease Agreement (the Lease-Purchase Agreement) is a contract between the THI and the selected Homebuyer. The Lease describes the rights and responsibilities of the THI and the Homebuyer.

4. The Agreement shall be signed by the Head of Household and Spouse or other responsible party. The Executive Director or his/her designee shall sign the Agreement on behalf of the THI. One copy shall be given to the Homebuyer, and the original shall remain in the Homebuyer file.

5. Occupancy by non tribal members. Prior to occupancy, THI shall inform the Homebuyer that occupancy of the home by non tribal members of the Homebuyer’s household is subject to the consent and laws of the Pueblo of Santa Ana, including the right of the Pueblo to exclude non tribal members from its lands.

6. Successor Requirements. THI shall inform the Homebuyer that he/she may not name a non tribal member as a successor to the Homeownership Lease Agreement, nor shall a non-tribal member succeed to the rights of the Homebuyer. Any equitable rights a non-tribal member may have in the home are only against the Homebuyer and not the Pueblo of Santa Ana or THI.

1. The home shall be occupied only by the applicant and his/her family members as identified in the application.

2. Four and five-bedroom units shall have a minimum of two bathrooms.

3. In determining the number of bedrooms required, the THI shall give consideration to the gender and age of family members, and to their physical and mental health. In addition, exceptions from the above standards will be made for the following situations:

a. Children of the opposite sex will not be required to occupy the same bedroom if one of them is over five (5) years of age.

b. A single parent will not be required to occupy the same bedroom as a child.

1. Purchase Price

The Homeownership Program provides the family an opportunity to purchase a home under a lease with an option to purchase. The THI shall furnish to the Homebuyer a statement of the initial purchase price of the home. The Homebuyer may exercise his or her option to purchase the home at any time prior to the full term of the Agreement by obtaining financing from an outside source, to cover the remaining purchase price.

a. For Homebuyers occupying a unit under a Lease-Purchase Agreement executed prior to January 1, 2025: the purchase price of the home shall be set forth in the Lease-Purchase Agreement and paid over a period set forth in the lease purchase agreement, but not to exceed twenty-five (25) years.

b. For Homebuyers occupying a unit under a Lease Purchase Agreement executed on or after January 1, 2025, the purchase price of the home shall be set at the construction cost of the home, which includes utilities up to five feet from the home, but THI may set a ceiling on the purchase price to make the home affordable.

c. For subsequent Homebuyers (homebuyers lease purchasing a home vacated by another homebuyer), the purchase price will, as determined by THI, be based on the appraised value of the home or the remaining purchase price of the home plus any amounts incurred to rehabilitate the home.

2. Conveyance of Home

In accordance with the Lease-Purchase Agreement, the THI shall convey title of the home and any interest to the land held by THI to the Homebuyer when the balance of the purchase price has been paid or when the Homebuyer has made all their required monthly payments for the term set forth in the Lease Purchase Agreement, whichever occurs first. The entire monthly payment made by the homebuyer shall be applied towards the purchase price, even if a portion of the payment represents an administration charge.

3. Applicable Laws Upon Conveyance

When a home has been conveyed to the Homebuyer, the home shall remain subject to all applicable laws and any rules or restrictive covenants enacted by the Pueblo of Santa Ana and resident organizations for the safety of the residents.

1. Monthly payments shall be calculated as follows:

a. Homebuyers under a Lease Purchase Agreement occupying units prior to February 2000 (these units were built with funds under the 1937 Housing Act), will pay 30% of the family’s adjusted income or the below listed amounts, whichever is less:

3 bedroom, $200; 4 bedroom, $240; 5 bedroom, $280

b. Homebuyers under a Lease Purchase Agreement occupying units on or after February 2000 through November 2008 (these units were built with funds under NAHASDA) and who are low income, will pay 30% of the family’s adjusted income or the below listed amounts, whichever is less:

3 bedroom, $200; 4 bedroom, $240; 5 bedroom, $280

c. Homebuyers under a Lease Purchase Agreement occupying units after November 2008 through January 1, 2025 and who are low income, will pay 30% of the family’s adjusted income or the below listed amounts, whichever is less. The payment must be at least the $250 administration charge. The administration charge may be increased from time to time by the Board of Directors consistent with increases in insurance of the homes and other administrative expenses.

3 bedroom, $275; 4 bedroom, $325; 5 bedroom, $355

Monthly lease payments may increase as a result of an increase in the administration charge.

d. Homebuyers under a Lease Purchase Agreement occupying units on or after January 1, 2025 and who are low income, will make monthly payments as follows: The monthly amortized amount of the purchase price for a thirty (30) year term or 30% of the family’s adjusted income, whichever is less, but at least the administration charge.

The homebuyer may pay more than the required monthly payment towards the purchase price. If the Lease Purchase Agreement is terminated, the THI will refund any extra payments made beyond the required monthly payment after deductions have been made to repair any damages to the unit beyond normal wear and tear.

e. Monthly payments for non-low income families occupying their units after October 1, 1997 will be calculated using the following formula:

(1) (Income of non low-income family divided by Income of Family at 80% of median income signing a Lease Purchase Agreement in the same time period as the non low-income family) multiplied by the payment of the family at 80% of median income, but no more than the fair market rent using HUD fair market guidelines.

f. If the THI determines and documents that the presence of a non low-income family occupying a unit after October 1, 1997, is essential to the well-being of the families in the area, the monthly payment of the family may be the same as that charged low-income families.

(1) THI shall use the following criteria to determine whether a non low-income family is essential to the well-being of the families in the area:

(a) a household member of the non low-income family is employed in a capacity that protects the public health and safety, such as a medical or dental practitioner, police or security officer, emergency medical technician or firefighter; or

(b) a household member of the non low-income family provides some other service not listed above that THI determines provides a service to the area or whose presence benefits the area.

2. Annual Family Income

a. All verified family income and other information provided by the selected family shall be used to determine Annual Family Income. Annual Family Income and exclusions from income are defined in Section II.

b. Annual Family Income is the anticipated gross income from all sources received by all family members 18 years of age and older, for the 12 month period following the effective date of initial determination or re-certification, excluding income that is temporary, non-recurring or sporadic. Such income shall be included even if the family member is temporarily absent, and even though part of the income may not be available to the household.

c. Annual Family Income from full-time employment is obtained by multiplying:

(1) hourly wages by 2,080 hours;

(2) weekly wages by 52;

(3) bi-weekly amounts by 26;

(4) semi-monthly amounts by 24; or

(5) monthly amounts by 12.

d. Annual Family Income from other than full-time employment is obtained by multiplying:

(1) hourly wages by the number of hours the family expects to work annually; or

(2) average weekly amounts by the number of weeks the family expects to work; or

(3) other periodic amounts (monthly, bi-weekly, etc.) by the number of periods the family expects to work.

e. If the source of income will not continue for the full 12 months of a year, the annual amount shall still be calculated as if it were to be received for the entire year. For instance, if a family will receive 36 weeks of unemployment at $100.00 per week, multiply $100.00 by 52 weeks to arrive at an Annual Family Income. When the income source ends, the family should request an interim adjustment of their monthly payment.

3. Annual Adjusted Family Income. The Annual Adjusted Family Income of a family, as defined in Section II, shall be used to determine the monthly payment.

a. Annual Adjusted Family Income is Annual Family Income minus the exclusions in Section II.

b. Adjusted Monthly Family Income shall be derived by dividing the Adjusted Annual Family Income divided by 12.

4. Administration Charge. For units occupied after November 2008, a Homebuyer must be able to pay at least the monthly administration charge, used by THI to cover insurance on the home and other administrative expenses of managing the home. The THI may increase the administration charge consistent with the increased costs of insurance, inflation or an increase in administration expenses, upon Board approval. Homebuyers shall be notified of any proposed change to the administration charge thirty (30) days prior to its effective date.

5. Adjustments to the Monthly Payment. The THI may increase or decrease the amount of the monthly payment in accordance with this Policy or HUD regulations to reflect changes in adjusted income (pursuant to a re-certification by the THI) or an adjustment in the administration charge.

The HUD income limits will apply to determine income eligibility for the Homeownership Program. These rates are subject to adjustment annually according to HUD guidelines.

1. Families whose income exceeds the above income guidelines may be allowed into the Homeownership Program if the THI determines that the family has a housing need which cannot reasonably be met without such assistance. This determination must be documented. HUD approval is required prior to admitting a non low-income family if: a) the family’s income is over 100% of the median income, or b) selection of the family would cause THI to have over 10% of non low-income families in the particular project. HUD approval is deemed obtained if HUD does not respond to THI’s request for approval within sixty (60) days of THI’s request.

1. Each Homebuyer shall designate a successor of the Homeownership unit, to succeed to the rights and responsibilities under the Lease in the event of death or mental incapacity of all original Homebuyers. The successor shall be named at the time the Lease is executed. This designation may be changed in writing by the Homebuyer at any time upon notice to the THI. A successor must:

a. be an immediate family member;

b. make the home his or her principal residence;

c. satisfy the THI’s program eligibility criteria at the time of succession;

d. be willing and able to pay the required monthly payments; and

e. execute an assumption of the Homebuyer’s obligations under the Agreement.

2. If there is no such designation of a successor or the designee is not a family member or does not meet the eligibility requirements for homeownership, the THI may consider any other family member who meets the eligibility requirements for homeownership.

3. Where there are minor children of the Homebuyer in the home, and an appropriate adult(s) who has been appointed legal guardian of the children by a court is able and willing to perform the obligations of the Agreement in the minor children’s interest and on their behalf, then in order to protect continued occupancy for ownership of the home by the children, the THI may approve the guardian(s) as occupants of the home until the children have reached the age of eighteen and are eligible to execute a Lease Agreement, with a duty to fulfill the Homebuyer obligations under the Agreement. The income of the guardian(s) shall not be used to determine the required monthly payment. Notwithstanding any other provision in this Policy, the income of the minor children shall be used to determine the required monthly payment.

a. Termination in absence of qualified successor. If there is no successor who meets the above requirements of this section, the THI shall terminate the Agreement and select the next person on the waiting list to occupy the unit under a new Agreement.

1. Policy Statements. THI recognizes that a Homebuyer may, from time to time, temporarily need to leave their home for various reasons. THI therefore sets forth this policy to allow these Homebuyers the opportunity to vacate their homes temporarily without jeopardizing their Lease Purchase Agreement.

2. General Provisions.

a. The Lease Purchase Agreement requires the homebuyer to use the home as his/her primary place of residence and to abide by all the terms and provisions contained in the Agreement. A homebuyer may permanently leave the Homeownership Program by terminating the Lease Purchase Agreement, and the home will be turned over to the THI for assignment to another eligible Family. However, if a Homebuyer determines that he or she must temporarily vacate the home, he or she may do one of the following:

(1) Sublease the unit to a tribal member for the duration of the Homebuyer’s absence, subject to prior written approval of THI. Homeowners may be allowed to sublease their homes if absence from the home is necessitated by any of the following conditions:

(a) Temporary employment outside the Pueblo;

(b) Pursuit of educational opportunities outside the Pueblo;

(c) U.S. Military obligations;

(d) Medical (including mental health) related treatment or confinement;

(e) Religious obligations or traditional/cultural practices; or

(f) Other circumstances as approved by the THI Board of Directors (“Board”) on a case by case basis.

(2) Submit an alternate proposal to THI, to be approved by THI before the Homebuyer vacates the unit. If the Homebuyer is pursuing education or employment-related opportunities and no suitable sublessee can be found, the Homebuyer may terminate his/her Lease Purchase Agreement or may submit an alternate proposal to THI for its consideration and recommendation. In no event may an alternate proposal violate HUD statutory, regulatory, or contractual (including the Lease Purchase Agreement) documents.

b. A sublease agreement will be for a maximum period of one (1) year, but may be extended, under extraordinary circumstances, for additional terms of one year each, up to a maximum of four (4) years. Such extensions will not be automatic but must be approved on an annual basis by the Board. It will be the sole responsibility of the Homebuyer to request such extensions.

c. The homebuyer must return to occupy the unit at the expiration of the sublease unless an extension is granted by THI. Absent any such extensions, THI may terminate the Homebuyer’s Lease Purchase Agreement if the Homebuyer fails to return to the unit.

d. During the term of any sublease, the Homebuyer shall remain obligated to comply with all other terms of the Homebuyer’s Lease Purchase Agreement (with the exception of occupancy of the unit), including making monthly payments and providing for maintenance of the home.

Failure to comply with the terms of the Lease Purchase Agreement on the part of the Homebuyer may, in the absolute discretion of THI, result in termination of the Homebuyer’s Lease Purchase Agreement and the subsequent termination of the sublease.

e. During the term of any sublease, the required monthly payment will continue to be computed or adjusted for the Homebuyer (using the income, including, but not limited to, rental income received under the sublease, and Family composition of the Homebuyer) in accordance with the requirements of the Homebuyer’s Lease Purchase Agreement and THI policies, even though the Homebuyer is not residing in the unit.

f. THI approval of a sublease does not waive any provisions of the Homebuyer’s Lease Purchase Agreement, other than the provision requiring the Homebuyer to reside in the unit during the sublease period.

g. THI shall review all sublease agreements to ensure that the agreements do not violate or contradict any of the terms of the Homebuyer’s Lease Purchase Agreement or any of the policies and procedures of THI. THI shall not be a direct party to any sublease agreement which shall be binding upon, and a contract between, the Homebuyer and the Sublessee only.

h. A Homebuyer who has a delinquent account will not be eligible to sublease his or her unit, except under extraordinary circumstances, until or unless the account is brought current.

i. All requests to sublease must be approved by the Board before any sublease goes into effect. If a Homebuyer subleases, in writing or otherwise, a THI unit without approval from the Board, the sublease shall be invalid and the Homebuyer will be considered to be in breach of his or her Homebuyer’s Lease Purchase Agreement.

3. Procedures.

a. All Homebuyers will be required to abide by the following procedures if they wish to sublease their unit, request an extension of a sublease, or submit an alternative plan:

(1) Submit a written statement to the Board requesting permission to sublease the unit or stating the alternate plan for the unit. The formal request or statement must be submitted to THI at least sixty (60) days prior to the anticipated date of absence from the unit. The formal request must also contain the following information.

(a) Reason for the request;

(b) Anticipated dates of the sublease or alternate plan (not to exceed one year);

(c) Identity of Sublessee or relevant other party (if known); and

(d) Status of Homebuyer’s account.

b. Along with the formal request to sublease, the Homebuyer must submit a copy of the intended sublease agreement. A sample sublease agreement is found in Appendix G.

c. Along with the formal statement requesting an alternate plan, the Homebuyer must submit a copy of any applicable written agreement.

d. The Homebuyer must submit any other information requested by THI.

e. The Board will review the Homebuyer’s request at its next regular scheduled meeting and will notify the Homebuyer, in writing, of its decision within five (5) working days of the meeting.

1. No Homebuyer may voluntarily transfer his/her unit to another person unless the Homebuyer has completed all obligations under the Lease Agreement and has received title to the home from THI.

2. Any attempted transfer of a home to another person in violation of these Policies or without obtaining the permission of the THI is void and will be grounds for the immediate termination of the Lease Agreement and eviction of the person(s) to whom the unit is transferred. Any occupancy of a unit operated and managed by the THI without THI permission constitutes an act of criminal trespass.

Homebuyers shall participate in the THI’s Homebuyer Education Counseling programs, including pre-occupancy and post-occupancy counseling and training activities. These include, but are not limited to, financial literacy classes, home maintenance education and training classes and other homebuyer education trainings and workshops. Failure to attend scheduled sessions shall be cause for termination of the Lease Agreement.

1. Homebuyers are responsible for using reasonable care to keep the dwelling unit and yard in such condition as to prevent health or sanitation problems from arising. The Homebuyer shall notify the THI promptly of known unsafe conditions in any common areas and grounds in the project in which the leased premises are situated, which may lead to damage or injury, including pest problems. The Homebuyer shall keep the sidewalk around the leased premises free from ice, snow, dirt and litter. The Homebuyer shall keep the unit and yard in a clean and sanitary condition and prevent any damage to the landscaping around the unit. Abuse and misuse of the unit and the THI’s equipment, such as refrigerators, ranges, water heaters, furnaces or other physical items within the unit shall be grounds for termination of the Lease Agreement.

2. Yards shall be kept free of weeds and kept in good appearance. Lawns, planting, trees and shrubs are allowed. All personal property stored outside the unit shall be stored in an orderly manner and not be scattered throughout the yard.

3. Loose trash, garbage or unsightly material within the lot and subdivision is prohibited. All garbage, rubbish and other trash is to be placed in appropriate trash containers and taken to the waste transfer station.

4. Pre-cut firewood and coal shall be stored at least twenty (20) feet away from the home. Ashes must be disposed of in a sanitary and safe manner.

5. Gasoline or any other flammable solvents shall not be stored in the home. THI expects all occupants to be familiar with all gas, electric and water cut-off valves to their homes. Water heaters and furnace closets shall be kept clear of oily rags, junk and other flammable materials. Each electrical outlet should be used for only one (1) plug or extension cord. Outlets shall not be overloaded. Foreign objects shall not be placed in fuse boxes. No firearms shall be discharged in the vicinity of the residential area. Fireworks, B.B. guns and pellet guns are strictly prohibited in the subdivision areas.

6. In the event a home needs emergency repairs which the Homebuyer is unable to perform, the Homebuyer shall notify the THI. THI may, but is not required to perform emergency repairs. Any work performed by the THI shall be as allowed under Section VII. B of this Policy and charged to the Homebuyer upon completion of the work.

The Homebuyer shall not make any structural changes, additions, alterations or improvements to the home, including the interior, unless the THI has first determined in writing that such changes, additions, alterations or improvements will not: impair the value of the home, the surrounding homes, or the project as a whole; affect the use of the home for residential purposes; or violate HUD requirements as to construction and design; and the THI Board of Directors has approved the changes, additions, alterations or improvements in writing. Homebuyers with a delinquent account shall not be approved to make any structural changes, additions, alterations or improvements. Additions to the home include, but are not limited to, energy conservation items such as solar panels, wood-burning stoves, flues, and insulation; patios, decks, room additions, removing walls, or any other change that impacts the lot; or results in the usage of water beyond the normal consumption, such as large swimming pools. All add-on items and improvements shall become part of the permanent structure and shall not be removed when a Homebuyer vacates the premises. In the event of termination of the Agreement, the Homebuyer shall not be entitled to compensation for any such changes or additions.

Homebuyers may not operate a small business in the home without prior written approval of the THI. A small business shall be defined as any commercial activity (buying and selling) whose primary purpose is to generate income. The Executive Director may approve the operation of a small business in a home when the Homebuyer provides the following assurances in writing:

1. The unit will remain the Homebuyer’s primary residence;

2. The business activity will not disrupt the basic residential nature of the housing site, will not have an adverse effect on the health or safety of any persons, or the right of any homebuyer to the quiet enjoyment of their unit and the surrounding premises;

3. The business will not require permanent structural changes to the unit that could adversely affect a future Homebuyer’s use of the unit;

4. The Homebuyer has received a business permit under or is exempt from, any applicable tribal business permit law;

5. The business shall not be owned or primarily operated by a non-tribal member;

6. The business will not require more than the normal consumption of water or generate more than the normal amount of waste or household garbage.

The THI shall rescind this approval upon violation of any of the above assurances. All approved businesses shall comply with all applicable laws, including any Pueblo of Santa Ana business permit law.

1. The THI shall furnish the Homebuyer with a list of applicable contractors’, manufacturers’ and suppliers’ warranties indicating the items covered and the period of the warranties.

2. Warranty Inspection. The THI shall inspect the unit prior to occupancy of the unit by the Homebuyer. The inspection shall be in accordance with Subsection C. 2 and 3 of this Section of the Policy.

1. PURPOSE OF RECERTIFICATION.

To assure that occupancy in the Homeownership Programs is restricted to families meeting the eligibility requirements, and to assure that monthly payments in the Program are consistent with federal requirements and this Policy, THI may periodically re-examine the eligibility and family income status of each Homebuyer to: 1) determine eligibility for continued occupancy; and 2) calculate monthly payments consistent with federal requirements and this Policy.

a. A family whose income increases after execution of their Lease Agreement such that they would no longer be low-income, will remain eligible for the Program.

b. A family whose gross family income is less than the minimum income requirement for eligibility, may continue occupancy of the unit, provided the family is able to meet all terms of the Agreement, including making the monthly payments, including any required minimum administration charge, payment of all utility costs, and providing maintenance to the home.

2. RECERTIFICATIONS.

a. The THI will conduct a recertification of a family’s income upon the request of a Homebuyer. A Homebuyer may request a recertification if his/her family composition or income changes and the Homebuyer believes that as a result, his/her required payment exceeds more than 30% of his/her adjusted monthly income. The recertification may result in an adjustment of the Homebuyer’s required monthly payment.

(1) Changes in family composition are changes affecting the family status, including loss of a family member by relocation, death or divorce, or the addition of a family member.

(2) Decreases in monthly payments will be effective on the first day of the month following the month the report of the change in circumstances was made. Payment decreases resulting from changes in family income or composition shall not be retroactive.

b. If a Homebuyer’s monthly payment is decreased as a result of a recertification, the THI shall conduct an annual recertification of the homebuyer’s family composition and income until such time the monthly payment returns to the original monthly payment required under the Homebuyer’s Lease Purchase Agreement.

(1) Increases in monthly payments will be effective on the first day of the month following the month the report of the change in circumstances was made.

(2) If the family failed to come in for a scheduled re-certification, any increase in payments shall be retroactive to the scheduled re-certification date.

c. If it is determined that the Homebuyer has misrepresented to the THI the facts upon which his/her monthly payment/rent is based and the Homebuyer should have paid a higher payment, the Homebuyer will be back charged the proper payment for the period that the misinformation was used.

3. REQUIRED FORMS FOR RECERTIFICATION:

The Homebuyer shall complete and sign the following forms:

a. Application for Continued Occupancy or Recertification;

b. Income, Salary and/or Grant Verification;

c. Authorization for Release of Information;

d. Federal Privacy Act Notice.

4. Homebuyers will be notified by the THI in writing of any payment adjustment, within ten (10) days of the adjustment. The notice will state the effective date of the adjustment.

5. All information provided by Homebuyers during recertification is subject to verification by the THI.

1. The THI has overall responsibility for assuring that each home is kept in a satisfactory, safe and sanitary condition and that the home and grounds are maintained in a manner that will preserve their condition, normal wear and tear excepted, and to identify necessary corrections before problems become severe, dangerous, or expensive.

2. Inspection before move-in and identification of warranties. To provide a record of the condition of the home as of the date of occupancy, an inspection of the home by THI (or its designated representative) and the Homebuyer shall be made as close as possible to, but no later than, the date of occupancy. After the inspection, the inspector shall give the Homebuyer a written statement signed by the inspector, of the condition of the home and equipment. If the Homebuyer concurs with the statement, he or she shall sign a copy of the statement. If the Homebuyer does not concur, he or she shall state his or her objections in writing on the statement.

3. Inspection during Contractor’s warranty periods. On or before the date of occupancy of each home, THI will furnish the Homebuyer with a list of applicable contractors’, manufacturers’, and suppliers’ warranties, indicating the items covered and the periods of the warranties. Upon the Homebuyer’s request, the THI or its designated representative will inspect the home during the warranty period. At each inspection, THI shall obtain a signed statement from the Homebuyer as to any noted deficiencies so that the THI may enforce any rights under the applicable warranties.

Independent of these THI inspections, it shall be the responsibility of the Homebuyer during the period covered by the applicable warranties to inform THI promptly of any deficiencies or breach of warranties so the THI may enforce any rights under the applicable warranties. If a Homebuyer fails to report such a deficiency or breach in time, and THI is subsequently unable to obtain redress under the warranty, correction of the deficiency shall be the responsibility of the Homebuyer.

4. Regular Inspections. The THI shall conduct an interior and exterior inspection of each home annually after the initial warranty inspection, and furnish a copy of the inspection report to the Homebuyer. Any item requiring repair or replacement will be recorded. This will include but not be limited to plaster repairs, painting, termite inspection, roof deterioration, overloading of electric circuits, and corrosion control. Following the inspection, the THI inspector shall give the Homebuyer a written statement, signed by the inspector, of the condition of the unit. The Homebuyer shall sign a copy of the statement, and upon signing of the statement the Homebuyer shall be responsible for correction of repairs within thirty (30) days. A copy of the inspection statement will be retained in the Homebuyer’s permanent folder, and a duplicate copy shall be given to the Homebuyer. A follow-up procedure will be established to ensure that all required repairs and replacements have been carried out by the Homebuyer within thirty (30) days. Emergency situations shall be addressed immediately, but at least within ten (10) days.

5. Emergency Inspections. The THI shall conduct an emergency inspection of a home upon receiving notice that the home is in need of maintenance that if left uncorrected would create a hazard to life, health or safety of the occupants, or other residents or would create a risk of damage to the home. Emergency situations shall be addressed immediately, but at least within ten (10) days.

6. Move-Out Inspection upon termination of Agreement. If the Lease Purchase Agreement is terminated for any reason, THI shall conduct a final interior and exterior move out inspection of the home, after notifying the Homebuyer of the time for the inspection, and shall give the Homebuyer a written statement of the cost of any maintenance work required to put the unit in satisfactory condition for the next occupant. Such cost shall be the sole responsibility of the Homebuyer.

7. Inspections by the THI or its delegated representatives shall occur at reasonable hours upon notification to the Homebuyer. The Homebuyer shall also be notified that he/she or his/her representative may join in the inspection.

Notation. This Section was amended on March 5, 2014 by Resolution No. 14-R-02.

1. The THI will carry all insurance on homes not conveyed in an amount sufficient to protect the home from the risk of fire and other risks generally covered by home insurance carriers. In the event the home is damaged or destroyed by fire or other casualty, the Homebuyer shall immediately contact the THI. The THI is not obligated to provide insurance for homes conveyed. Homebuyers are responsible for purchasing insurance covering their personal property.

2. Repair or Rebuilding. In the event the home is damaged or destroyed by fire or other casualty, the THI shall use the insurance proceeds to have the home repaired or rebuilt.

3. Suspension of Payments. If the home must be vacated for repairs due to damage or destruction of the home not caused by the Homebuyer, required monthly payments will be suspended during the vacancy period.

THI is responsible for enforcing these Policies and the Lease Agreement. The decision by THI to not act on a breach of these Policies or the Lease Agreement shall not constitute a waiver of THI’s rights to act on the continuing breach or any other breach at any future point in time. Except when specifically stated in the Lease Agreement, nothing in these Policies or the Lease Agreement shall be construed to waive the sovereign immunity of the THI.

1. A Homebuyer wishing to voluntarily terminate his/her participation in the Homeownership Program must give the THI thirty (30) days written notice and follow procedures specified in the Lease Agreement.

2. A Homebuyer may voluntarily relinquish his/her rights to the Homeownership unit. Such relinquishment must be made by signing a waiver of all rights under the Lease Agreement. The Lease Agreement will be amended to remove the person relinquishing the unit and a new Lease Agreement will be executed with the remaining Homebuyer, if any, providing he/she continues to remain eligible for the Homeownership Program.

In accordance with the Lease Agreement, each Homebuyer must meet the following obligations, which are more fully described in the Lease Agreement:

1. Maintenance of the Home.

a. Each Homebuyer shall be responsible for keeping the home in good repair and condition, and for all routine and non-routine maintenance and care of his/her home, including all repairs and replacements resulting from any cause, and excluding repairs and replacements covered by insurance. The THI shall not be obligated to pay for or to provide any maintenance to the home other than the correction of warranty items reported during the warranty periods or insurance repairs. Homeowner maintenance shall be monitored by the THI through inspections conducted annually.

b. Homebuyer Non-compliance. Failure by the Homebuyer to perform the maintenance obligations constitutes a breach of the Lease. If the THI becomes aware, either during inspections performed in accordance with this Policy or otherwise, that the Homebuyer is in noncompliance with maintenance provisions, the THI shall notify the Homebuyer within ten (10) days of the inspection to remedy the noncompliance through a Plan of Action which shall include assurances of future performance of the Homebuyer’s obligations under the Lease. The Plan of Action shall identify any items that are warranty items and the time within which THI will address those items.

(1) The Plan of Action shall require the Homebuyer to complete the maintenance work that is the responsibility of the Homebuyer within thirty (30) days. If the THI determines that the condition of the property creates a hazard to the life, health or safety of the occupants, or if there is an immediate risk of serious damage to the property if the condition is not corrected, the corrective work shall be done promptly by the Homebuyer. Upon failure by the Homebuyer to perform the work within the required time, the THI may perform the corrective work and charge the Homebuyer. If the THI performs the corrective work, it may require the payment of a deposit by the Homebuyer. The Lease shall be terminated if the Homebuyer fails to comply with the Plan of Action or fails to reimburse the THI for the cost of the corrective work.

Notation. This Section was amended on March 5, 2014 by Resolution No. R-14-02.

2. Utility Payments. Each Homebuyer shall pay for the cost of his/her own utilities to the home and maintain such utilities, including payment of any deposits. The Homebuyer shall avoid disconnection of his/her utilities.

Homebuyers are at all times responsible for the conduct of their children, including the children of household members, guests and visitors. Young children should not be left alone or unattended while in the housing area.

The THI will not be held responsible for accidents or injuries resulting while children are left unattended in the housing area.

1. All Homebuyers are required to abide by the Pueblo of Santa Ana Dog Ordinance and any animal control ordinances.

2. Pig pens and animal corrals are prohibited in the housing area.

Housing subdivisions are residential areas with children at play. All Homebuyers and their guests and visitors shall observe speed limits and traffic laws. Speed limits apply to all vehicles including motorcycles and motor bikes. Speeding and racing vehicles within the housing area are prohibited.

Parking near fire hydrants is prohibited. The following are not permitted within the lot, in front of the home, or anywhere within the subdivision:

1. Inoperable vehicles (including cars, trucks, vans and farm vehicles). Vehicles shall be deemed inoperable if they cannot start or run on their own engine and have been parked without being moved for more than one month.

In case of fire or other emergency, the Homebuyer should immediately contact the local fire or police department or CALL 911.

1. The Homebuyer is responsible for all actions of residents, guests, and visitors of the home. Homebuyers, household members, and their guests and visitors shall not engage in any unlawful activities, including, but not limited to bootlegging, alcohol or drug related activities, disorderly conduct or other activities which are hazardous to the health or safety of other Homebuyers or disturb other Homebuyers in the quiet enjoyment of the premises.

2. No loud music is allowed on the premises.

3. Homebuyers shall report all unlawful and suspected criminal activities, including bootlegging and drug sales occurring in their neighborhoods to lawful authorities and to the THI no later than the next business day following the unlawful or suspected criminal activity. Homebuyers should cooperate with law enforcement agencies and the THI in evicting such persons from their home and grounds.

1. The Homebuyer must abide by all conditions of his/her Lease Agreement.

2. Persons not a part of the homebuyer’s family composition shall not be allowed to live in the home.

3. Homebuyers may not take in boarders, rent out rooms, or allow any one not a part of the family composition to occupy the home. Visitors or guests may not reside in the home, nor may they stay in the home for more than three consecutive days, except with written approval of the THI. THI may allow for the temporary overnight accommodations of visitors or guests during holidays or feasts, but in no instance shall visitors or guests be allowed to occupy the home for a time period exceeding two weeks.

4. Homebuyers, guests and visitors shall not destroy, deface or damage any THI or Pueblo property and abide by all tribal laws and rules.

5. Homebuyers shall not abandon the home. The Homebuyer shall notify the THI if all household members will be absent from the dwelling unit for a period of time exceeding thirty (30) days or due to military duty, education or employment purposes. Otherwise, a home may be considered to be abandoned as defined in Section IX.B.2.g of these policies.

Any Homebuyer who violates any provision of these Policies or his/her Lease Agreement will be subject to termination of his/her Lease Agreement. Any violation of these Policies will affect the Homebuyer’s continued eligibility status for housing and future housing assistance.

The obligations of Homebuyers to make all monthly payments are outlined in the Lease Agreement. In general, the responsibilities of all Homebuyers regarding payments are as follows:

1. Make monthly payments, including any other charges incurred (utilities, damages, work orders, etc.) on or before the first day of each month.

2. If payments will not be made on time, to contact the THI to explain the problem.

3. Provide in a timely basis accurate information to THI regarding family composition, family income and employment, as sect forth in Section VI. B of these policies.

The THI has the right to take action in accordance with these policies and Lease Agreement against any Homebuyer who does not make the required payments. The THI also has the right to report delinquencies to credit reporting agencies.

1. All payments are due in full on or before the first (1) day of each month without notice in advance. Payments not received by the THI on or before the fifth (5th) day of the month are considered to be delinquent, except that if the fifth (5 day falls on a day the THI office is closed, payment may be made the next business day without being delinquent.

Notation. This section was amended on September 18, 2012 by Resolution 12-R-02.

2. If any payment is made after the fifth (5th) day of the month, the Homebuyer shall be charged and required to pay a late charge of Twenty-Five Dollars ($25). The late fee is waived for Homebuyers on payroll deduction.

3. Prompt payment is required for continued occupancy.

4. All payments are to be made to “THI” and delivered to the THI office in person or mailed to:

Tamaya Housing Incorporated 37B Day School Road, Santa Ana Pueblo, NM 87004

This section was amended on September 18, 2012 by Resolution 12-R-02.

5. Payments may be made by check, money order, payroll deductions, or other acceptable forms of payment. The employer shall be responsible for payroll deductions and making the required payment to THI at least once each month. The Homebuyer shall promptly inform an employer of any change in the amount of payment.

6. THI will charge a fee of Thirty-Five Dollars ($35) for any check returned from a bank for insufficient funds.

1. A Homebuyer who makes his or her payments promptly and in full is more likely to have a higher regard for his/her unit, maintain it in satisfactory condition, and cooperate with other families and with THI in building and maintaining a strong community. Allowing a Homebuyer to become delinquent by failure to enforce collection hinders a Homebuyer and jeopardizes the entire housing program, since the THI relies upon collections to pay operating expenses and maintain services. THI will not tolerate a delinquent account, and will treat delinquent payments as a breach of the Lease Purchase Agreement. THI may also report _a delinquent account to a credit reporting agency.

2. Notice of Noncompliance

a. If on the 5th day, the Homebuyer has not made full monthly payment, the THI shall serve the Homebuyer with a Notice of Noncompliance.

b. A Notice of Noncompliance as a result of a delinquency shall include the following:

(1) a statement that the Homebuyer is delinquent, the amount of the delinquency and a demand for immediate payment of the delinquent amount.

(2) a statement that prompt payment is a requirement for continued occupancy.

(3) a statement that the Homebuyer is required to remit the delinquent amount or meet with the THI on a specified date to discuss and enter into a Plan of Action to cure the noncompliance.

(4) a statement that the Homebuyer’s failure to respond to or comply with the Notice within the required time will result in termination of the Homebuyer’s Lease Purchase Agreement.

1. A Homebuyer may voluntarily terminate his/her Lease Purchase Agreement by providing the THI thirty (30) days written notice. The Agreement shall terminate on the thirtieth (30) day from the day THI receives such notice.

a. Notice to THI shall be in writing and either delivered to the THI office during normal business hours or sent to THI by U.S. mail, properly addressed, postage prepaid.

b. If an Occupant vacates a unit without proper notice to THI, he or she shall remain subject to the obligations of the Lease Purchase Agreement, including the obligation to make monthly payments, until THI terminates the Lease Purchase Agreement pursuant to procedures set forth in this Policy.

2. A Homebuyer may voluntarily relinquish his/her rights to the Homeownership unit. Such relinquishment must be made by signing a relinquishment of all rights under the Lease Agreement. The Lease Agreement will be amended to remove the person relinquishing the unit and a new Lease Agreement will be executed with the remaining Homebuyer, if any, providing he/she continues to remain eligible for the Homeownership Program.

1. The THI has the authority to terminate a Lease when a Homebuyer has violated the terms or conditions of the Lease.

2. The following constitute a violation of the Lease:

a. Failure to provide full and accurate information regarding household composition or household income within ten (10) days after a request is made by the THI.

b. Misrepresentation or withholding of material information in applying for admission or in connection with any subsequent reexamination of income and family composition.

c. Failure without good cause to participate in the THI’s counseling programs or to observe or comply with any of the terms and conditions under the Lease Purchase Agreement.

d. Violation of the Drug-Free Housing Policy. The sale, use, possession, purchase, manufacture, or transfer of illegal drugs or other controlled substances or drug related paraphernalia on the premises by a Homebuyer, any member of a Homebuyer’s household, or any guest or other person under a Homebuyer’s control. A Homebuyer is required to notify THI of any federal, state, or tribal drug statute conviction of any person residing in his or her unit no later than five (5) days after such conviction. Any violation of this paragraph may subject a Homebuyer to termination of the Lease Purchase Agreement, and will result in the matter being reported to the appropriate law enforcement agencies.

e. Failure to respond to or comply with a Notice of Noncompliance within the time required in the Notice.

f. Engagement by the Homebuyer, or any member of the Homebuyer’s household, or any guest or visitor of the household, in any activity, including criminal activity, which threatens the health, safety or right to peaceful enjoyment of the housing development by other residents of the THI or that may impair the physical or social environment of the project.

(1) The conduct to which this part applies includes, but is not limited to, vandalism, arson, bootlegging, drug sales, assault, threatening with violence, or violation of any criminal laws of the Pueblo of Santa Ana.

(2) Termination proceedings due to alleged criminal activities shall begin upon reliable information received of the criminal activity. Information may come from a police report, or a reliable report from Tenants, Homebuyers, or other concerned persons within the housing development, a THI employee, or any other person not mentioned above. Termination proceedings may begin regardless of whether or not criminal proceedings are initiated or are pending.

g. Abandonment of the home. Abandonment exists when the Homebuyer and his/her family listed as part of the household composition is absent from the unit for a period of thirty (30) consecutive days without notification to the THI.

(1) When the THI has received information that the Homebuyer may have abandoned the unit, the THI shall make an attempt to contact the Homebuyer at the unit, document the period of abandonment, post a Notice of Abandonment on the door, and mail the Notice to the Homebuyer’s last known address by certified mail, return receipt requested. All efforts to locate the Homebuyer shall be documented.

(2) If, after five (5) days from posting the Notice of Abandonment, the absent Homebuyer does not respond to the Notice, the THI shall send a Notice of Termination to the absent Homebuyer’s last known mailing address, and termination of the Lease Purchase Agreement shall be deemed effective as of the date that the Notice of Abandonment was first posted.

(3) The THI shall have the unit secured to prevent vandalism to the unit.

(4) Upon termination of the Lease, all property left behind by the absent Homebuyer shall be disposed of and the costs of disposing the property charged to the Homebuyer.

h. Failure to abide by any term or condition of the Lease after being informed in writing by the THI of the breach, or the failure to agree to a reasonable Plan of Action to cure the breach, or the failure to abide by the terms of a Plan of Action.

i. Failure to perform maintenance obligations or failure to agree to a reasonable Plan of Action to cure the breach, or failure to abide by the terms of the Plan of Action.

j. Violation of any other terms or conditions stated in the Lease or other good cause.

3. Plan of Action. If a Homebuyer breaches any of his or her obligations under a Lease Purchase Agreement, and after such noncompliance comes to the attention of THI, THI shall send the Homebuyer a Notice of Noncompliance (Appendix H), which sets forth any actions the THI proposes to take and requesting a meeting within five (5) days of receipt of said Notice. The Notice of Noncompliance shall provide the Homebuyer an opportunity to provide an explanation or justifications for his/her noncompliance. To cure the noncompliance, a specific Plan of Action shall be agreed upon, indicating specifically how the Homebuyer will come into compliance, and any actions the THI will take. In cases of delinquency, payment shall be due within thirty (30) calendar days of the above meeting unless special arrangements are made to enable payments to be made over a reasonable period of time and to allow the Homebuyer to obtain counseling relating to efficient budgeting of the Homebuyer’s household resources. The Plan of Action shall be put in writing and shall be signed and dated by both THI and the Homebuyer. If the Homebuyer refuses or fails to meet with THI or to agree to a Plan of Action or fails at any time to comply with the Plan of Action, THI shall proceed with termination procedures. A Sample Plan of Action Form is in Appendix I.

4. Records. Records of meetings with Homebuyers, written Plans of Action agreed upon, and all other related steps taken by THI shall be maintained by THI in the Homebuyers’ files.

5. Enforcement. If noncompliance is not corrected pursuant to a Plan of Action, THI has a responsibility to terminate the Lease Purchase Agreement pursuant to its terms and conditions and in accordance with terms and conditions of this Policy, and, if necessary, to institute eviction and/or collection proceedings against the Homebuyer.

6. Termination Procedures

a. Notice of Termination. The Executive Director shall initiate termination of a Lease Purchase Agreement by giving the Homebuyer a written Notice of Termination (Appendix J). Such Notice shall state the following:

(1) The reason for termination and the existence and availability of this Policy;

(2) The Homebuyer’s right to request a hearing before the Executive Director before the date of termination to provide information or arguments on why termination should not occur;

(3) That, if Homebuyer does not timely request and attend a hearing, the Lease Purchase Agreement shall terminate thirty (30) days from the Notice of Termination;

(4) That Homebuyer has the right to examine, before the hearing, and copy at his or her expense, all relevant documents, records, or policies of the THI or HUD regulations that are directly related to the termination. Any documents not made available after request by the Homebuyer may not be relied upon the THI at the hearing.

(5) That if, at the hearing before the Executive Director, the Homebuyer provides evidence or assurances satisfactory to the Executive Director that the Homebuyer will cure the breach and continue to carry out his or her Lease Purchase Agreement obligations, the Executive Director may, but is not required to, rescind or extend the Notice of Termination. Absent such rescission or extension, the Lease Purchase Agreement shall terminate, thirty (30) days from the date of the hearing or the Notice of Termination, whichever is later;

(6) That Homebuyer has the right to be represented or accompanied by a person of his or her choice and to be afforded due process;

(7) That Homebuyer has the right to receive a written decision on the merits responding to the information or arguments presented by Homebuyer; and

(8) That, if the Executive Director does not provide the Homebuyer with a written decision within ten (10) days of the hearing, or if the Homebuyer does not agree with the Executive Director’s written decision, the Homebuyer may appeal the Executive Director’s action/inaction to the Board of Directors (“Board”).

b. Hearing.

The Executive Director shall schedule a hearing upon request by a Homebuyer. The hearing shall take place no later than thirty (30) days after the date the Homebuyer’s request is received. At the hearing, the Homebuyer must show his or her entitlement to the relief sought.

c. The Decision of the Executive Director,

The Executive Director shall prepare a written decision together with the reasons therefore within ten (10) days after the hearing. Copies of the decision shall be sent to the Homebuyer in the manner provided in this Policy for giving notice. If the Homebuyer provides evidence or assurances satisfactory to the Executive Director that the Homebuyer will cure the breach and continue to carry out his or her Lease Purchase Agreement obligations, the Executive Director may, but is not required to, rescind or extend the Notice of Termination. The Executive Director’s written decision shall inform Homebuyer of his decision to rescind or extend the Notice of Termination or to terminate; the decision shall also provide the Homebuyer with notice of his or her right to appeal to the Board pursuant to this Policy.

d. Exclusive Remedy.

All hearings and appeals challenging termination of the Homebuyer’s occupancy shall be governed by the provisions of this Policy. NO Homebuyer shall be afforded the right to challenge or appeal a termination under any other THI’s Grievance Policy or any other THI policy or procedure.

7. Expedited Termination Procedures.

a. THI may use expedited procedures for any termination of any Lease Purchase Agreement that involves:

(1) Criminal activity that threatens the health, safety, or right to peaceful enjoyment of the housing development by other residents or employees of THI; or

(2) Drug-related activity in violation of this Policy (particularly Section IX.B.2.d.).

b. The THI shall serve the Homebuyer with a written Notice of Termination. The Homebuyer shall have five (5) days from the date on the Notice to respond and request for a hearing before the THI. THI shall inform the Homebuyer that he or she has the right, before any court hearing or trial, to examine any relevant documents, records or policies of the THI or HUD regulations directly related to the termination or eviction.

c. The THI shall schedule the hearing to be held within two (2) business days after receipt of the request for a hearing, and provide the Homebuyer with a notice of the date and time of the hearing.

d. The hearing shall be in accordance with the grievance procedures in this Policy. The Executive Director shall issue a written decision within two (2) business days upon the conclusion of the hearing.

e. When THI evicts an individual or Family from a dwelling unit for engaging in criminal activity, including drug-related criminal activity, THI shall notify the local post office serving that dwelling unit that the evicted individual or Family is no longer residing in the dwelling unit (so that the post office will terminate delivery of mail for such persons, and such persons will not return to the unit to pick up mail).

8. If the Homebuyer does not respond to the Notice of Termination and no request for a hearing is made, the THI shall begin eviction and/or collection proceedings. At the THI’s option, a criminal complaint for criminal trespass may be filed against the Homebuyer.

9. Homebuyers shall be responsible for any attorney fees incurred by THI in enforcing the Lease Agreement.

All notices required under this Section shall be in writing and served in accordance with Section I. H. of these Policies.

1. Termination of the Lease terminates all rights of possession a Homebuyer may have had in a unit.

2. Payments made to the THI after termination of a Lease for delinquent payments or charges does not change the status of the termination, but will be applied to the former Homebuyer’s delinquent account to decrease the amount of restitution owed the THI.

1. Notice of Appeal.

a. If, after requesting and participating in a hearing, a Homebuyer is not satisfied with the decision of the Executive Director, or if the Executive Director fails to issue a written decision within the specified time, the Homebuyer may file in writing his or her notice of appeal with the Board within five (5) working days of the Homebuyer’s receipt of the written decision of the Executive Director or, in the case of inaction, within ten (10) days after the date of the hearing before the Executive Director. A copy of the notice must be served on the Executive Director.

b. The notice of appeal shall:

(1) Include the name, address, and phone number of the Homebuyer;

(2) Be clearly labeled or titled with words “NOTICE OF APPEAL;”

(3) Have on the face of the envelope in which the notice is mailed or delivered, in addition to the address, the clearly visible words “NOTICE OF APPEAL;”

(4) Contain a statement of the decision being appealed that is sufficient to permit identification of the decision;

(5) Attach a copy of the final decision of the Executive Director, if one exists;

(6) Contain a statement of the reasons for the appeal; and

(7) State that a copy of the notice of appeal has been served on the Executive Director.

2. Procedures on Appeal.

a. The Executive Director must file with the Board a written answer responding to the notice of appeal within five (5) working days after the Executive Director’s receipt of the notice of appeal, and a copy shall be served upon the Homebuyer in accordance with Section I. H of these Policies. The Homebuyer shall be permitted an additional five (5) working days after receipt of the Executive Director’s answer to file a reply.

b. The Executive Director shall provide the Board with all relevant documentation concerning the appeal based upon the administrative record and including the factual information presented at the hearing. The Board shall decide the appeal based solely upon this administrative record, and no new evidence shall be considered.

c. There shall be no right to a hearing before the Board; however the Board may schedule a hearing at its sole discretion.

(1) If the Board grants a hearing, the hearing shall be conducted informally, and pertinent oral or documentary evidence may be received without regard to whether that evidence would be admissible under the rules of evidence employed in judicial proceedings.

(2) If the Board grants a hearing, the Homebuyer shall be afforded a fair hearing providing the basic safeguards of due process which shall include:

(a) The opportunity to examine before the hearing, and copy at his or her expense, all documents, records, and policies of THI and HUD regulations that are directly related to the hearing. Any document not made available after request by the Homebuyer may not be relied upon by THI at the hearing;

(b) The right to be represented by a person of his or her choosing;

(c) The right to cross-examine THI’s witnesses and to present arguments in favor of the Homebuyer’s position;

(d) The right to a private hearing unless the Homebuyer, in writing, requests a public hearing; and

(e) The right to a written decision on the merits.

3. Final Order.

a. The Board shall issue a written decision on the appeal within thirty (30) days after its receipt of the notice of appeal, or within fifteen (15) days of the hearing, whichever is later. Copies of the decision shall be sent to the Executive Director and to the Homebuyer in the manner provided in this Policy for giving notice. Such decision shall be final and binding upon the parties.

Upon termination of the Lease Purchase Agreement, failure of the Homebuyer to vacate the premises by the date specified in the notice of termination or notice to vacate will result in the THI filing an eviction action in the Contemporary Courts of the Pueblo.

Upon termination of the Lease Purchase Agreement, the Homebuyer fails or refuses to pay to THI any delinquent amounts, arrearages, and utility or other charges, as appropriate, THI may file a civil complaint with the Contemporary Courts of the Pueblo to recover such payments.

Upon vacating the dwelling unit, the Homebuyer is required to leave the premises clean and in good condition, excepting normal wear and tear.

The THI shall perform the following duties at the time a Homebuyer is vacating a unit:

1. Conduct a move-out inspection and properly document the inspection.

2. Take immediate possession of the unit and have the unit secured by THI personnel.

3. Be present on site and change all locks on all doors and secure the house by boarding up the windows

4. Make sure all personal belongings are removed from within and around the unit. Any property left behind by the vacating Homebuyer shall be disposed of by the THI with the cost of disposal charged to the vacating Homebuyer.

A Vacated Account is an outstanding account left by a former occupant. It may consist of delinquent payments and/or renovation and utility costs.

1. Vacated accounts remain the responsibility of the former occupant and shall be collected by the THI. Collection efforts shall include if necessary the filing of a complaint against the former occupant in the Santa Ana Contemporary Courts.

2. A former occupant may dispute the amount of his/her vacated account in accordance with the grievance procedures in this Policy.

3. A former occupant with a vacated account, even if written off, shall not be eligible for future housing assistance from the THI until he/she has cleared the debt.

These policies and procedures are intended to standardize Homebuyer grievance procedures against THI, and do not apply to grievances arising out of THI’s termination procedures. A Homebuyer’s sole rights and remedies in termination actions are described in Section IX of this Policy.

Unless otherwise provided, the following definitions shall apply throughout this Section:

1. “Adverse Action” means any of the following actions by THI concerning a Homebuyer:

a. a decision requiring the Homebuyer to move to another dwelling unit;

b. a determination of charges, due and/or payable to THI by Homebuyer;

c. a determination of the amount of the Homebuyer’s monthly payment;

d. any action contrary to the Homebuyer’s interests; or

e. a determination of the amount of the settlement amounts upon termination of the Lease Purchase Agreement or purchase of the home by Homebuyer.

“Adverse Action” does not include termination of a Lease Purchase Agreement, which is addressed in a separate Section of this Policy, nor does it include THI’s action or non-action concerning general policy issues, including determinations by THI of the administration charge.

2. “Grievance” means a complaint concerning any proposed or actual Adverse Action that affects the rights, duties, welfare, or status of Homebuyer. Except as otherwise provided herein, all disputes arising out of THI’s termination of a Lease Purchase Agreement shall be dealt with exclusively in the manner provided for and according to the procedures described in Section IX of this Policy.

2. “Hearing Officer” means one or more persons selected by the THI Board of Directors (“Board”) to hear the Grievance. A Hearing Officer may not be the person who made or approved the decision under review, or a subordinate of such person, and may be a Board member.

1. A Homebuyer may file a Grievance with THI and challenge any Adverse Action within thirty (30) days from the date of the Adverse Action at issue.

2. Homebuyer’s written request for a hearing must specify the reason for the Grievance and the action or relief sought.

3. Upon the filing of a written Grievance and request for hearing, a Homebuyer shall be entitled to a hearing before a Hearing Officer; however, THI is not required to commence or continue a hearing if the Homebuyer is delinquent in payment of any amounts owed to THI. The THI shall provide the Homebuyer with a notice of a hearing providing information on the date, time and location of the hearing. The notice shall be in the format described in Appendix K of this Policy.

4. The Hearing Officer shall hold a hearing within thirty (30) days after receipt of a written request for a hearing.

5. THI shall afford the Homebuyer an opportunity for a fair hearing with basic elements of due process by assuring that;

a. Homebuyer will have reasonable opportunity to examine, before the hearing, and copy at his or her expense, all relevant documents, records, or policies of THI or HUD regulations that are directly related to the Adverse Action. Any document, record, or regulation not made available after request by the Homebuyer may not be relied upon by THI at the hearing:

b. Homebuyer will have a right to be represented by another person of his or her choice at the hearing:

c. Homebuyer will have a reasonable opportunity to present evidence, arguments, and affirmative legal or equitable defense in support of his or her Grievance; to dispute evidence relied on by THI; to ask question of, confront, and cross-examination witnesses; and to have others make statements on his or her behalf; and

d. Homebuyer will receive a written decision on the merits.

6. At the hearing, Homebuyer first must show an entitlement to the relief sought, and thereafter, THI must justify the action toward which the Grievance is directed.

7. If the Hearing Officer determines that the issue raised by Homebuyer in his or her Grievance has been previously decided in another proceeding, the Hearing Officer may refuse to hold or continue with the hearing.

8. If the Hearing Officer conducts the hearing informally, he/she may receive pertinent oral or documentary evidence without regard to whether that evidence would be admissible under the rules of evidence employed in judicial proceedings.

9. If Homebuyer or THI fails to appear at a scheduled hearing, the Hearing Officer may postpone the hearing for a period not to exceed five (5) business days or may make a determination that the non-appearing party has waived the right to a hearing. Both the Homebuyer and THI shall be notified of the determination.

10. THI may not require the Homebuyer to pay any hearing fees or hearing costs.

11. The Hearing Officer shall base his or her decision solely and exclusively on facts presented at the hearing and upon all relevant contracts, THI polices, and applicable laws, regulations, and HUD requirements.

12. The Hearing Officer shall prepare a written decision together with the reasons for his decision within ten (10) days after the hearing. The Hearing Officer shall cause copies for the decision to be sent to the Homebuyer and to THI.

13. The decision of the Hearing Officer shall be final and binding, provided that a decision, in whole or in part, may be overturned or modified by a majority vote of the THI Board of Directors, if the Board shall determine that the decision of the Hearing Officer is contrary to law, HUD requirements, or THI policies.

Either party may request that the Board review the decision of the Hearing Officer by filing a request within ten (10) days of receipt of the Hearing Officer’s decision. The Board shall consider the matter at a meeting within fifteen (15) days of receipt of a request for review. At its discretion and with appropriate notice, the Board may schedule a hearing and receive arguments from the Homebuyer and THI. The Board shall decide the matter based exclusively on its record and the record before the Hearing Officer.

The THI shall keep in the Homebuyer’s file a copy of the relevant information relating to the grievance and final decision. The following form may be used to record the information:

TAMAYA HOUSING INCORPORATED

GRIEVANCE CHECKLIST (TO BE KEPT IN PARTICIPANT’S FILE)

HEARING

1. Date of Request

2. Reason for Grievance

3. Relief Sought

4. Hearing Officer (or Hearing Panel member)

5. Date of Notice of Hearing

6. Date of Hearing

7. Witness Present

DECISION

1. Date of Decision

2. Decision and Reasons

3. Date and Nature of Action, if any, by Board of Directors

DESCRIBE ANY ADDITIONAL FACTS OR OCCURRENCES THAT ARE RELEVANT TO THIS CASE BUT THAT ARE NOT SPECIFICALLY PROVIDED FOR ABOVE.

1. This section outlines selection priorities for housing based on federal and local preferences. Meeting a preference does not guarantee selection for a unit, but rather identifies priority groups for first consideration. All eligible applicants will be ranked according to preference points.

2. All claims for preference must be documented and certified, where applicable, by a governmental agency. The preference status must be re-verified prior to selection for occupancy or when a unit becomes vacant and available, to confirm the applicant’s qualification for the priority at the time of selection or availability of a unit.

3. If the preference ratings for several applicants appear equal, the date and time stamp on the completed application with all supporting documentation shall be used to determine who shall get the next available unit on a first-come, first-serve basis.

1. Preference points will be given for each of the following that apply:

a. A Santa Ana Family whose head of household or spouse is enrolled with the Pueblo with a certificate of Indian blood – 25 Points

b. Income Status – 10 points – very low income (income below 50% of median income)

5 points – low income (income between 50 and 80% of median Income

c. Handicapped – 5 Points

A family whose head of household or spouse, or sole member is a person with a handicap.

d. Elder (Head of Household or spouse, 62 years +) – 5 Points

e. A family whose head of household or spouse is in the military or is a Veteran – 10 Points

f. Family Size – 5 points per dependent

g. Family without housing – 15 Points

h. Family paying more than 50% of income for current housing costs – 10 Points

i. Family living in substandard conditions – 5 Points

A family is living in substandard conditions if any of the following exists:

(1) The dwelling unit does not provide safe and adequate shelter and in its present condition, it endangers the health, safety or well-being of a family; or

(2) The dwelling unit has one or more critical defects, or a combination of intermediate defects in sufficient number or extent to require considerable repair or rebuilding. The defects may involve original construction, or they may result from continued neglect, lack of repair, or serious damage to the structure.

(3) Housing unit currently has no plumbing or domestic water.

(4) Housing unit does not have a kitchen or an operating sink or a proper stove connection in kitchen.

(5) Housing unit has no electrical system or has inadequate or unsafe electrical service.

(6) Housing unit has no safe heating system or adequate source or heat.

j. Overcrowded housing – 5 Points

The number of persons occupying a dwelling unit exceeds the maximum occupancy standards or two (2) or more families are occupying a unit designed for single family occupancy.

k. Years on waiting list (with continuous updated application each year) –

3 years+ – 30 points; 2 years – 20 points; 1 year – 10 points