Ch 12. DEMOLITION OF LNHA UNITS
1. INTRODUCTION
Lummi Nation Housing Authority, under certain conditions, may undertake a planned demolition or disposal of current assisted stock owned by the LNHA or an entity funded by the LNHA.
A. REASONS FOR DEMOLITION
LNHA may demolish or dispose a unit, in accordance with 24 CFR 1000.134 for the following reasons:
1) Cost-Effectiveness
A financial analysis demonstrates that it is more cost-effective or beneficial for the housing program to demolish or dispose of the unit rather than continuing to operate or own it.
2) Condemnation
The housing unit has been condemned by the government authority overseeing the unit.
3) Health and Safety
The housing unit poses an imminent threat to the health and safety of residents.
4) Cultural or Historical Considerations
Continued habitation of the housing unit is inadvisable due to cultural or historical considerations.
B. PROCESS FOR DEMOLITION
The following actions must take place before any demolition or disposal of a unit takes place:
1) Lawful Eviction
The tenant must be lawfully evicted in accordance with the Lummi Nation Housing Authority Policies and Procedures, as well as the Lummi Code of Laws, Chapter 38 and 39.
2) Memorandum by Executive Director
The LNHA Executive Director must draft a memorandum to the LNHA Board of Commissioners and the Office of the Reservation Attorney, which includes:
- The unit considered for demolition or disposal.
- The status of the property and corresponding agreements, such as tribal trust land, individual trust land (see 25 CFR 162.608), Mutual Help Ownership Agreement, BIA Lease Agreement, etc.
- The reasons for demolition or disposal.
- A cost-benefit analysis, if necessary.
- A history of the unit, including previous tenants and past evictions.
- Prior efforts made by LNHA to avoid demolition or disposal, if applicable.
3) Legal Advisory
The Office of the Reservation Attorney shall advise on any potential legal issues involved with the proposed demolition.
4) Board of Commissioners Approval
Upon review of the Executive Director’s memorandum and advice from the Reservation Attorney, the LNHA Board of Commissioners shall approve, by resolution, LNHA’s intent to demolish or dispose of an LNHA unit.
5) Notification to Tenant
Within five days of LNHA’s approval, the Executive Director shall send a written notification to the tenant of LNHA’s intent to demolish or dispose of the unit. The notification will also provide the date of the next regularly scheduled Lummi Indian Business Council (LIBC) Meeting.
6) Notification to LIBC and Tenant
The LNHA Executive Director and LNHA Board of Commissioners Chairperson will send a written notification of LNHA’s intent to demolish or dispose of the unit to both the Lummi Indian Business Council and the tenant. The notification will state the date and time when the matter will be heard at a regularly scheduled LIBC meeting, or at an emergency meeting if circumstances warrant it.
7) LIBC Support
If the LIBC does not support the demolition or disposal of the unit, the LNHA may reconsider whether or not to move forward with the demolition.
8) Submission to HUD
If the LNHA Board of Commissioners decides to move forward with the demolition or disposal, they will submit an amended Indian Housing Plan to HUD.
9) HUD Acknowledgment
The LNHA Executive Director shall obtain written acknowledgment from HUD confirming the demolition.
10) Termination of BIA Lease Agreement
LNHA administration shall take the necessary steps to formally terminate the approved BIA lease agreement.