Mutual Help Admissions & Occupancy Policy
It is the hope and goal of the Te-Moak Housing Authority's (also known as TMHA or Lessor throughout this policy) Tribally Designated Housing Entity (TDHE) Board that all tenants and all homebuyers fully comply with the terms and conditions of their Mutual Help Occupancy Agreement. This Housing Authority is subject to the Indian Civil Rights Act (Title II of the Act of 1968, 25 U.S.C. 1301-03), which provides that no Indian Tribe in exercising power of self-government shall deny due process or the equal protection of its laws to any person within its jurisdiction. This policy sets forth the procedures to be used by the housing authority to ensure equal and fair treatment, and full compliance with The Act, Public Law 104-330, 25 CFR 1000, the ACC, Part II, and other HUD laws and regulations.
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CHAPTER 1 NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES
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1-1 Objectives (NAHASDA. Subpart B-201)
It is the policy of Te-Moak Housing Authority:
a. To assist and promote affordable housing activities to develop, maintain, and operate affordable housing in safe and healthy environments on Indian reservations and in other Indian areas for occupancy by low-income Indian families;
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b. To ensure better access to private mortgage markets for Indian tribes and their members and to promote self-sufficiency of Indian tribes and their members;
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c. To coordinate activities to provide housing for Indian tribes and their members with Federal, State, and local activities to further economic and community development for Indian tribes and their members;
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d. To plan for and integrate infrastructure resources for Indian tribes with housing development for tribes; and
e. To promote the development of private capital markets in Indian country and to allow such markets to operate and grow, thereby benefiting Indian communities.
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CHAPTER 2 CONDITIONS GOVERNING ELIGIBILITY
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2-1 Applicant or Participant's Criminal Conviction Information
In accordance with Title 11, Sec. 208 of NAHASDA, TMHA will have the authority and ability to obtain any criminal information on all new applicants and their adult household members (age 18 and older) as well as existing participants and their adult household members (age 18 and older) that reside in the housing authority's units.
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2-2 Eligibility for Admission
In order to apply for admission to the HUD-aided mutual help homes operated by TMHA applicants must:
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a. Be an enrolled member of the Te-Moak Tribe of Western Shoshone;
b. Qualify as a Family (Revised 11/17/05, 05-TMHA-47). A family can consist of any combination of immediate or extended family members as listed, who are conducting themselves in a manner consistent with a family institution.
1. Parent(s) with minor child(ren).
i. If single parent or child(ren) has not been living with parent(s) they must have legal or court documentation showing physical custody of child(ren).
ii. The Custody of a child shall be claimed by only one parent to qualify as eligible as a TMHA applicant or participant. If parents or custodians have joint custody TMHA will only authorize one unit per child named.
iii. If you are eligible a TMHA program participant through custody of one child, additional children may be added to household composition without proof of custody.
2. A married couple. A marriage certificate is required.
3. Siblings shall be a brother and a sister, two brothers, or two sisters. i. Certification must be obtained that once a home is provided they will reside together up to one (1) year. If one of the siblings is a minor, the non-minor sibling will need to show legal documentation of guardianship or custody of the minor sibling.Should only one sibling reside in the unit prior to the one (1) year, they shall be subject to eviction under the assumption the application information was false and the listing of a second family member on the application was an attempt for a single person to obtain a home through fraudulent methods.
4. An elderly head of household (62 years or older is considered to be an elderly} living with spouse or adult sibling(s} that is essential to their care or well-being.
i. Certification on the adult sibling(s} must be obtained that once a home is provided they will reside together. They shall be subject to eviction under the assumption the application information was false and the listing of a second family member on the application was an attempt for a single person to obtain a home through fraudulent methods.
5. A disabled family member living with spouse or adult sibling(s} that is essential to their care or well-being.
i. Certification on the adult sibling(s} must be obtained that once a home is provided they will reside together. They shall be subject to eviction under the assumption the application information was false and the listing of a second family member on the application was an attempt for a single person to obtain a home through fraudulent methods.
6. Other combinations is defined as a family as long as the family consists of a minimum of two of the following family members Aunts, Uncles, Grandparents, Nieces, and Nephews.
i. Certification must be obtained that once a home is provided they will reside together up to one (1) year. If one of the family members is a minor, the non-minor family member will need to show legal documentation of guardianship or custody of the minor family member(s}. Should only one family member reside in the unit prior to the one (1) year, they shall be subject to eviction under the assumption the application information was false and the listing of a second family member on the application was an attempt for a single person to obtain a home through fraudulent methods.
c. Have an annual family income, which does not exceed the applicable income limit for admission.
1. The Families annual income is determined at move-in. The income level at recertification does not affect eligibility. Hence, if a family is initially eligible upon application and move-in, and through recertification it is found that they are above applicable income limits, the family remains in occupancy but will pay a higher homebuyer payment based on their increased ability to pay.
2. Presently residing in and/or working in Elko or Lander County. (Revised 01/30/06, 06-TMHA-31)
3. Homebuyer must have consistent year round visible income (must show proof) from all sources for each member in the household, as determined in accordance with criteria described by the Secretary of Housing and Urban Development. Income from Welfare, Indian General Assistance (IGA), TANF, or child support, etc. are not considered visible income as these are considered income assistance.
a. Definition of income
i. Full Time: Year around permanent employment or income or six (6) months or more employment or income.
ii. Chapter 7, 7-5 Interim Redetermination of Family Income and Adjustment of Monthly Payment b. Seasonal workers will need to report unemployment, re-employment, and changes in employers; however, since payments are based on annual income and derived from previous years income tax records, payments may remain the same.
d. Be 18 years of age or older.
e. Provide all requested information for each member of the household and sign the required forms.
f. If an elder is currently residing in a Project 16-4 unit (Elder Complex), they can only be considered for a larger two-bedroom unit in the Elko area should one become available, based on the geographical preference. They cannot be considered for a larger three or four bedroom unit. {Addition on 09/17/98 by BOC)
g. Tribally enrolled minors may apply for housing but will not be considered or approved until the minor becomes eighteen years of age as stipulated in the policies. {Addition on 09/17/98 by BOC)
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2-3 Eligibility for Continued Occupancy
In order to be eligible for continued occupancy in the HUD-aided housing units operated by TMHA the occupants must:
a. Be an authorized member(s) of the family;
b. Provide all required information at annual re-examinations within a 60-day period:
i. Annual Recertification for all household members.
ii. Release of information and Certification Page must be signed by all members of the household that are 18 years of age and older.
c. Not have engaged in any criminal activity, alcohol and drug abuse, domestic violence, or violent behavior, misuse of firearms, or disturbances on or near the premises. This also applies to any member of the participant's household, or guest or other person under the participant's control.
i. If TMHA has substantial relevant and admissible evidence that a homebuyer, homebuyer's guest, or person under homebuyer's control was in possession of a controlled substance in the homebuyer unit shall be grounds for Termination of the MHOA. Arrest for such activity, and confiscations of drugs (that drug test swab - POSITIVE) and /or drug related paraphernalia is deemed sufficient grounds for TERMINATION OF MHOA. A Criminal Conviction, in a Court of Law, does not have to take place prior to the Termination of MHOA.
ii. Criminal activity also includes the Aiding and Abetting and the Harboring of Fugitives. iii. TMHA shall deliver the homebuyer a two (2) day notice; whether hand delivered or written to complete a drug test swab.
d. TMHA recognizes that Household Drug Pollution may cause serious health problems for its tenants. Therefore, in an attempt to protect our tenants from Household Drug Pollution, TMHA reserves the right to test a home prior to, during, and/or after tenant occupancy. TMHA reserve the right to test a home if reasonable suspicion exists which indicates that drugs are currently being used, sold, or manufactured in a home.
e. TMHA is hereby adopting zero tolerance, if the Structural Narcotics test swab shows a positive result this will be grounds for immediate termination of the MHOA. If occupant(s) does not vacate the premises within five (5) days, TMHA shall file a Civil Complaint for criminal trespass.
f. Take every care to prevent fire, household drug pollution, not to keep gasoline, solvent, or other combustible, toxic contaminated materials or substances in the unit, and to exercise particular caution with respect to children playing with matches. If the unit is damaged:
i. Occupant(s) shall immediately notify Lessor of the damage.
ii. Occupant(s) shall be responsible for repair of the unit within a reasonable time. If the damage is caused by Tenant, members of the household or guest, Tenant shall pay the cost(s) of the repair.
g. All Mutual Help tenants will pay a basic admin fee of $85.00 (subject to change as conditions require.)
h. Have a current account.
i. Have complied with annual inspection requirements.
j. Have verified income for at least six (6) months out of the year.
i. Failure to provide proof of employment will result in following the steps of the Collection and Compliance Policy which shall result in the termination of your MHOA.
k. Must be in full compliance with the MHOA, the requirements of the federal regulations, and with the policies of the TMHA.
I. Mutual Help Participants must not own another home. If it is verified by TMHA that they have ownership to another home, the MHOA with TMHA may be terminated.
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CHAPTER 3 SELECTION OF PARTICIPANTS
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In selecting families, it shall be the policy of TMHA to try to place, families in units appropriate for their family composition, taking into consideration the availability of such sized units.
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3-1 The size of the family, size of the unit, and the date of application shall determine placement.
3-2 Non-Selection Criteria
TMHA shall not select any applicant fort he program if it is determined during the application verification process which is outlined in Chapter 5 of this policy, that the applicant family:
a. Does not have the ability to meet tenant obligations. In a Mutual Help home this includes ability to provide for the required mutual help contribution pay, own (ended on page 6 of 20)
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