Ch 14. DEFINITIONS
- 1. AUTHORITY
- 2. DEFINITIONS
- A. Adjusted Income
- B. Affordable Housing
- C. Annual Income
- D. Income Exclusion
- E. Contractual Agreement
- F. Drug-Related Criminal Activity and Criminal Activity
- G. Down Payment/Mortgage Assistance Program ("DPMAP")
- H. Elderly Families
- I. Elderly Person
- J. Eligibility Date
- K. Family
- L. Homebuyer
- M. Homeless Family
- N. Immediate Family
- O. Income
- P. Indian
- Q. Indian Area
- R. Indian Tribe
- S. Life Estate
- T. Low-Income Family
- U. Median Income
- V. NAHASDA
- W. Non-Profit
- X. Persons with Disabilities
- Y. Secretary
- Z. State
- AA. Tribally Designated Housing Entity
- A. Adjusted Income
Ch 14 Outline
1. AUTHORITY
The following definitions are provided under NAHASDA and 24 CFR Part 1000.
2. DEFINITIONS
A. Adjusted Income
The term “adjusted income” means the annual income (as defined in Section 1.1(c) below) that remains after excluding the following amounts:
1) Youths, Students, & Persons with Disabilities
Exclusion of $480 for each household member (other than the head of the household or the spouse of the head of the household) who is under 18 years of age; or who is 18 years of age or older and is a person with disabilities or is a full-time student.
2) Elderly & Disabled Families
Exclusion of $400 for an elderly or disabled household member.
3) Medical & Attendant Expenses
The amount by which three percent (3%) of the annual income of the household is exceeded by the total of medical expenses of an elderly or disabled household member; and the reasonable attendant care and auxiliary apparatus expenses for a household member who is a person with disabilities, to the extent necessary to enable any member of the household (including a member who is a person with disabilities) to be employed.
4) Childcare Expenses
Childcare expenses, to the extent necessary to enable another member of the household to be employed or to further his or her education.
5) Earned Income of Minors
The amount of earned income of any member of the household who is less than 18 years of age.
6) Travel Expenses
Excessive travel expenses, not to exceed $25 per household per week, for employment- or education-related travel.
B. Affordable Housing
The term “affordable housing” means housing that complies with the requirements for affordable housing under Title II of NAHASDA. This term includes permanent housing for homeless persons who have disabilities, transitional housing, and single room occupancy housing.
C. Annual Income
For purpose of eligibility admission and occupancy, the definition of annual income shall be Adjusted Gross Income as defined for purposes of reporting under Internal Revenue Service (“IRS”) Form 1040 series for individual Federal annual income tax purposes, which provides that adjusted gross income means gross income minus deductions, including the following:
- On account of a trade or business carried on by the taxpayer (except for services as an employee) (Paragraph 1006);
- For trade or business expenses paid or incurred by a qualified performing artist for services in the performing arts as an employee (Paragraph 941 A);
- Allowed as losses from the sale or exchange of property (Paragraph 1701 et. Seq.);
- For expenses paid or incurred in connection with the performance of services as an employee under a reimbursement or other expense allowance arrangement with the employer or third party (Paragraph 942). Employee expenses that are not reimbursed under an accountable plan are not deductible from gross income;
- Attributable to rental or royalty property (Paragraph 1089);
- For depreciation or depletion allowed to a life tenant of property or to an income beneficiary of property held in trust, or to an heir, legatee, or devisee of an estate (Paragraph 1090);
- For contributions by self-employed persons to pension, profit sharing, and annuity plans (Paragraph 2113);
- Allowed for cash payments to individual retirement accounts (IRAs) and deductions allowed for cash payments to retirement savings plans of certain married individuals to cover a non-working spouse (Paragraph 2170 & 2172);
- For the ordinary income portion of a lump-sum distribution to the extent included in gross income (Paragraph 2153);
- For interest forfeited to a bank, savings association etc., on premature withdrawals from time savings accounts or deposits (Paragraph 1120);
- For alimony payments (Paragraph 1008);
- For the amortization of reforestation expenses (Paragraph 1287);
- For certain repayments of supplemental unemployment compensation benefits to a trust described in Code Sec. 501(C) (9) or (17), required because of receipt of trade readjustment allowances (Paragraph 1009);
- For jury duty pay remitted to employer (Paragraph1010);
- For moving expenses (Paragraph 1073);
- For the purchase of clean-fuel vehicle and refueling property (Paragraph 1286);
- For interest on education loans incurred on, before, or after August 5, 1997, with respect to loan interest payment due and paid after December 31, 1997, (Code Sec. 62(a)(17));
- For contributions to a medical savings account allowed by Code Sec. 220 (Code Sec. 62(a)(16)) See Paragraph 1020; and
- For expenses paid or incurred by a fee-basis state or local government official for services performed.
D. Income Exclusion
On October 12, 2010, the Veterans Housing Opportunity Act of 2010 (Public Law 111-269) was enacted and amended the definition of “income” in Section 4, paragraph 9 of NAHASDA by adding a new subparagraph (C). The amendment reads: Annual income is used to determine program eligibility under NAHASDA. The amendment provides an additional exclusion when determining income in accordance with Section 4 of NAHASDA. Veteran compensation for service-connected disability or death under Title 38, U.S.C. Chapter 11 and dependency and indemnity compensation for service-connected deaths under Title 38 U.S.C. Chapter 13 are excluded from income.
E. Contractual Agreement
The term “contractual agreement” means the legal document utilized to confirm the formal contractual agreement and obligations between an eligible participant and the LNHA for the participant’s use and occupancy of an affordable housing unit. The document may be a Participation Agreement, Lease Purchase Agreement or Rental Agreement.
F. Drug-Related Criminal Activity and Criminal Activity
The term “drug-related criminal activity” means the illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute, or use, of a controlled substance, as defined under applicable law. Criminal Activity is contained at Title 5 of the Lummi Nation Code of Laws defining criminal charges recognized by the Lummi Nation. Felony offenses not covered in the Lummi Nation Code of Laws are contained in Title 18 of the United States Code. Non-Native persons may be charged under the criminal code for the State of Washington.
G. Down Payment/Mortgage Assistance Program ("DPMAP")
The term “DPMAP” is defined as the acronym for the LNHA Down Payment and Mortgage Assistance Program as further identified in Chapter 6 above.
H. Elderly Families
The terms “elderly family” means a family whose head (or the spouse), or whose sole member, is an elderly person (as defined below). Such terms include two or more elderly persons living together, and one or more such persons living with one or more persons determined to be essential to their care or well-being. Such persons may include individuals assigned the care of minors under 18. Such arrangements should be specified in the Indian Housing Plan.
I. Elderly Person
The term “elderly person” is defined as a member of the community who is enrolled in an Indian tribe in the United States and who is 55 years of age or older.
J. Eligibility Date
The date upon which the LNHA has determined that an applicant has successfully met all requirements for admission to LNHA affordable housing programs.
K. Family
The term “family” includes a household with or without children, an elderly family, near-elderly family, a disabled family, and/or a single person. In some instances, household members may not be related by blood.
L. Homebuyer
The person or persons who have qualified as a “family” under Section 1.2 Eligibility for Housing, (a) Family Composition and have executed a contractual agreement to purchase a home under the LNHA’s Homeownership Programs.
M. Homeless Family
A family who is without safe, sanitary, and affordable housing even though it may have temporary shelter provided by the community, or a household who is homeless as determined by the Indian tribe.
N. Immediate Family
An immediate family member is defined as: parent, legal guardian, child, sibling, including step, half, or adopted.
O. Income
The term “income” means income from all sources, for each member of the household, as determined in accordance with criteria prescribed by the Secretary of Housing and Urban Development, except that the following amounts may not be considered as income under this paragraph:
- Any amount not annually received by the family;
- Any amounts that would be eligible for exclusion under Section 1613(a)(7) of the Social Security Act;
- Any amounts received by any member as disability compensation under Chapter 11 of Title 38, U.S.C. or dependency and indemnity compensation for service-connected deaths under chapter 13 of such Title;
- Any amounts that would be eligible for exclusion under the Veteran’s Housing Opportunity Act of 2010, as referenced in Section 1.1 Definition, (d) Income Exclusion.
P. Indian
The term “Indian” means any person who is an enrolled member of a Federally or State recognized Indian tribe.
Q. Indian Area
The term “Indian area” means the area within which an Indian tribe or tribally designated housing entity, is authorized by one or more Indian tribes, to operate affordable housing programs and provide assistance under NAHASDA for affordable housing.
R. Indian Tribe
In General – The term “Indian tribe” means a tribe that is a federally recognized tribe, or a State recognized tribe.
1) Federally Recognized Tribe
The term “federally recognized tribe” means any Indian tribe, band, nation, or other organized group or community of Indian, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians pursuant to the Indian Self- Determination and Education Assistance Act of 1975.
2) State Recognized Tribe
The term “state recognized tribe” means any tribe, band, nation, pueblo, village, or community that has been recognized as an Indian tribe by any state; and for which an Indian Housing Authority has, before the effective date under Section 705, entered into a contract with the Secretary pursuant to the United States Housing Act of 1937 for housing for Indian families and has received funding pursuant to such contract within the 5-year period ending upon such effective date.
S. Life Estate
A life estate is a type of property ownership that divides control and ownership of a property. The individual who establishes the life estate is known as the “life tenant.” While the life tenant retains control of the property during their lifetime, ownership is shared with the remainderman (the estate’s heir). The LNHA recognizes non-Native persons and non-Tribal Members who are legally married to the homeowner as individuals in whom a life tenancy is created upon the death of the homeowner.
T. Low-Income Family
The term “low-income family” means a household whose income does not exceed 80 percent of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may, for purposes of this paragraph, establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the findings of the Secretary or the agency that such variations are necessary because of prevailing levels of construction costs or unusually high or low family incomes.
U. Median Income
The term “median income” means, with respect to an area that is an Indian area, the greater of:
- The median income for the counties, previous counties, or their equivalent in which the Indian area is located, which the Secretary shall determine; or
- The median income for the United States.
V. NAHASDA
Means the Native American Housing Assistance and Self- Determination Act of 1996.
W. Non-Profit
The term “non-profit” means, with respect to an organization, association, corporation, or other entity, that no part of the net earnings of the entity insures to the benefit of any member, founder, contributor, or individual.
X. Persons with Disabilities
The term “persons with disabilities” means a person who:
- Has a disability as defined in Section 223 of the Social Security Act;
- Is determined, pursuant to regulations issued by the Secretary, to have a physical, mental, or emotional impairment which:
- Is expected to be of long-continued and indefinite duration;
- Substantially impedes his or her ability to live independently; and
- Is of such a nature that such ability could be improved by more suitable housing conditions; or
- Has a developmental disability as defined in Section 102 of the Developmental Disabilities Assistance and Bill of Rights Act.
Such term shall not exclude persons who have the disease of Acquired Immunodeficiency Syndrome (“AIDS”) or any conditions arising from the etiologic agent for Acquired Immunodeficiency Syndrome.Notwithstanding any other provision of law, no individual shall be considered a person with disabilities, for purposes of eligibility for housing assisted under this Act, solely on the basis of any drug or alcohol dependence. The Secretary shall consult with other appropriate Federal agencies to implement the preceding sentence.
Y. Secretary
Except as otherwise specifically provided in this Act, the term “Secretary” means the Secretary of Housing and Urban Development.
Z. State
The term “state” means the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States and Indian tribes.
AA. Tribally Designated Housing Entity
The terms “tribally designated housing entity” and “housing entity” have the following meaning:
1) Existing Indian Housing Authorities
With respect to any Indian tribe that has not taken action under subparagraph (B), and for which an Indian housing authority:
- Was established for purposes of the United States Housing Act of 1937 before the date of the enactment of this Act that meets the requirements under the United States Housing Act of 1937;
- Is acting upon such date of enactment as the Indian housing authority for the tribe; and
- Is not an Indian tribe for purposes of NAHASDA; the terms mean such Indian housing authority.
2) Other Entities
With respect to any Indian tribe that, pursuant to NAHASDA, authorizes an entity other than the tribal government to receive grant amounts and provide assistance under NAHASDA affordable housing for Indians, which entity is established:
- By exercise of the power of self-government of one or more Indian tribes independent of state law, or
- By operation of state law providing specifically for housing authorities or housing entities for Indians including regional housing authorities in the State of Alaska, the terms mean such entity.
3) Establishment
A tribally designated housing entity may be authorized or established by one or more Indian tribes to act on behalf of each tribe authorizing or establishing the housing entity.
