Ch 2. LNHA HOUSING PROGRAM ADMISSIONS

Ch 2 Outline

1. INTRODUCTION
2. Eligibility For Housing Assistance
3. RECEIPT OF APPLICATIONS AND DETERMINATION OF ELIGIBILITY AND SUITABILITY
4. INCOME ELIGIBILITY
5. LIMITATIONS ON OCCUPATION OF HOMES WITHIN THE LOW-INCOME HOUSING TAX CREDIT PROJECT
6. FAILURE TO MEET MEMBERSHIP CRITERIA
7. UNIT SIZE
8. MISCELLANEOUS

1. INTRODUCTION

This chapter outlines the criteria established by the Lummi Nation Housing Authority (LNHA) for admissions into its various housing programs. Each program has specific admissions criteria detailed within this policy. Additionally, sections of this policy may be cross-referenced within other chapters of this Housing Policy Manual, provided there is no conflict with the requirements of the individual programs.

2. Eligibility For Housing Assistance

For purposes of LNHA homeownership or rental programs, a “family” is either a single person or a group of persons as defined below.

A. Family Composition

1) Definition of Family

To qualify as a family, an applicant/Head of Household (HOH) and other individuals listed on the application (associated applicants) intending to reside in the same unit must meet one of the following criteria:

A household with or without children; or
An elderly family, defined as a family where the head, co-head, spouse, or sole member is at least 55 years of age; or two or more persons, each of whom are at least 55, living together; or one or more persons who are at least 55 living with one or more live-in aides; or
A disabled family, meaning a family where the head, co-head, spouse, or sole member is a person with disabilities; or two or more persons with disabilities; or one or more persons with disabilities living with one or more live-in aides; or
A displaced family, defined as a family in which each member or sole member is a person displaced by governmental action, or whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized by federal disaster relief laws; or
A remaining member of a resident’s family, specifically a family member of an assisted resident’s family who remains in the unit after other members of the family have left; or
A single person who is not an elderly or displaced person, or a person with disabilities, or the remaining member of a resident’s family.

2) Definition of Indian Family

An applicant must qualify as an Indian family, as defined by LNHA, where the head of household or spouse is an enrolled member of a federally recognized American Indian Tribe, or a non-Indian who has custody of children who are enrolled members of the Lummi Nation.

3) Head of Household

One application may include two individuals as Head of Household (HOH). Additionally, spouses who are living in an LNHA unit and are both enrolled members of the Lummi Nation will be considered dual Heads of Household.

B. Income Limitations

1) Maximum Income

The applicant must qualify as a low-income family, defined as a family whose income does not exceed 80% of the median income for Whatcom County or the United States, whichever is greater. Income limits are adjusted for family size and updated annually. (See Appendix A, Page 165).

2) Estimating Income

An applicant’s annual income will be determined by estimating the anticipated total income from all sources to be received by all members of a household over the 12 months following the income verification. Determinations of income will be based on the definition detailed in Appendix A, Page 165.

3) Exception to the Maximum Income Limits

LNHA may allocate up to 10% of its funds to serve individuals whose income is between 80% and 100% of the median income for Whatcom County or the United States, whichever is greater, provided these individuals demonstrate to LNHA that their housing needs cannot be met through other means.

LNHA may also provide the following services to non-low-income Indian Families:
1. Homeownership activities under § 202(2) of Native American Housing and Self Determination Act (“NAHASDA”), which may include assistance in conjunction with loan guarantees under the “184” loan program. See 24 CFR part 1005;
2. Model activities under § 202(6) of NAHASDA. Note: HUD defines a “Model Activity” as housing activities under model programs designed to carry out the purposes of NAHASDA, but which do not clearly fall into the eligible activity categories specified in NAHASDA. Examples include day care centers, college student housing, new warehouse buildings, etc.;
3. Loan guarantee activities under Title VI of NAHASDA.

4) Income Sufficient to Comply with Program Requirements

Participants in the LNHA Homeownership Program and Rental Program must demonstrate sufficient income to meet all associated financial obligations. These obligations include, but are not limited to, administration fees, user fees, utilities, and maintenance costs. The applicant must provide evidence of their ability to fulfill these financial responsibilities as a prerequisite for program participation.

5) Calculation of Income

The applicant’s annual income shall be determined by projecting the total anticipated income from all sources to be received by the head of household, spouse, and any additional family members over the forthcoming twelve (12) months.

C. Homes Receiving Assistance Under Other Programs Funded by the United States Department of Housing and Urban Development (HUD)

Homes receiving assistance under non-LNHA programs funded by the United States Department of Housing and Urban Development shall not be eligible for assistance under LNHA programs. The income waiver is consistent with the NAHASDA.

D. Income Verification

All households shall have their income verified before beginning involvement with a program, at least once a year while participating in a program, and whenever household income changes. Written verification is the preferred method; however, other relevant data may also be considered at the discretion of LNHA. LNHA shall request and maintain complete and accurate verification records, including but not limited to the following:

Letters or other statements from employers and other pertinent sources giving information concerning all amounts of income;
Copies of documents in an applicant’s possession that substantiate his or her statements, or a brief summary of the pertinent contents of such documents signed and dated by the staff who reviewed them;
Certified statements or summary data from bank accounts, self-employed persons, and individuals with irregular earnings (e.g., fishermen, taxi drivers), detailing gross receipts, itemized expenses, and net income; and
Memoranda of verification data obtained by interviews. The memoranda must contain the date the data was reviewed and the initials of the reviewing LNHA staff member.
Lack of Third-Party Verification. The LNHA prefers that income be verified by third-party documentation (e.g., pay stubs, letters from employers, bank records). However, if such verification is not obtainable, a notarized statement or affidavit signed by the applicant and/or participant, declaring under penalty of perjury that the provided information is true and accurate, will be required.

E. Additional Criteria for Assistance

1) Social Security Card Requirements

The applicant must furnish LNHA with a copy of the social security card for each person, 18 years of age or older, listed as household members on the application.

2) Proof of Tribal Enrollment

Where participation requires tribal enrollment, applicants must provide LNHA with written documentation.

3) Outstanding Debts

If the applicant has a debt with LNHA, excluding any debt related to Methamphetamine decontamination, the applicant may work for LNHA to reduce this debt by up to half. The value of the work shall be calculated at the local prevailing wage for the hourly work performed, with a maximum value not exceeding $599. This opportunity is available at the sole discretion of the Executive Director.

Responsibility for Costs Associated with Methamphetamine Remediation.
If the applicant was formerly a tenant in an LNHA housing unit and was evicted due to Methamphetamine contamination, the tenant shall remain responsible for all costs associated with the decontamination of the unit. This includes but is not limited to remediation, waste disposal, and demolition costs. Any outstanding debt related to Methamphetamine contamination must be negotiated with the Board of Commissioners before the applicant can become eligible for any LNHA program.

F. Restrictions on Assistance to Non-United States Citizens

The LNHA shall restrict housing assistance to United States Citizens, and to Non-United States Citizens who are currently admitted to the United States with a valid Resident Alien Visa, Student Visa, or Work Visa. The applicant and/or participant must verity citizenship by submitting a copy of his or her birth certificate evidencing naturalized birth within the United States. Non-United States Citizens must verify their legal status to remain within the United States by presenting a valid Resident Alien Card, proper valid entry visa provided by the United States Citizenship and Immigration Service.

G. Additional Requirements

1) Marriage license,

2) Proof of custody of minor children,

3) Authorization for the Release of Information/Privacy Act:

The LNHA requires all adult applicants and participants (age 18 and over) to sign the Authorization for Release of Information/Privacy Act Notice (form 24 HUD-9886) as a condition for admission and continued assistance. The form is valid for only 15-months and must be signed annually at each recertification.
The HUD-9886 form authorizes the LNHA to obtain any information necessary to verify information provided about the applicant and participants from the Washington State Department of Social and Health Services, Social Security Administration, previous and current employers that are pertinent to eligibility or level of assistance.
The HUD-9886 form authorizes the LNHA to request income tax return information from the IRS and Social Security Administration to verify income related to the eligibility or level of assistance.

4) Consent to verification of any existing financial judgments, fines, or utility charges that are unpaid and outstanding.

3. RECEIPT OF APPLICATIONS AND DETERMINATION OF ELIGIBILITY AND SUITABILITY

This Section outlines the steps to be followed in the application process and in obtaining and verifying information for the purpose of determining eligibility.

A. Applicant Responsibilities

The applicant/Head of Household (HOH) is responsible for ensuring the application is fully and accurately completed. Failure to provide required information or providing false information on an initial application or certification will be grounds for denial of services or termination from LNHA programs.

B. Submission of Applications

1) In Person Submission of Applications

Applications will be accepted in person by appointment with the LNHA Intake Specialist or other designated LNHA staff. During the appointment, LNHA will review the application with the applicant/HOH. Applications will be accepted by mail only in special circumstances and with prior approval by LNHA.

2) Online Submission of Applications

The LNHA may, at its discretion, allow applications to be submitted through an authorized website managed by the Authority. Such applications may require the Intake Specialist to review them for completeness. The Intake Specialist may also request the review of original documents (e.g., birth certificates, identification, tribal enrollment) to verify their legitimacy and accuracy. Additionally, the applicant may be required to sign original documents for the LNHA application file. Failure to comply with any request for review or signatures within thirty (30) days of notice will result in the LNHA declaring the application incomplete as stated in Section (3) below. Consequently, the application will not be certified as complete as stated in Section (4) below.

3) Incomplete Applications

If an application is incomplete in any manner, it will be returned to the applicant with a checklist indicating the items that need attention. Applicants will have up to thirty (30) days to resubmit the completed application to the LNHA. If the application is not resubmitted within this timeframe, any further action on the incomplete application will be void, and the applicant will be required to restart the application process.

4) Completed Applications

When the Intake Specialist determines that an application is complete, they will date-stamp and initial the application. The Intake Specialist will then photocopy the date-stamped and initialed application and provide the applicant with the copy.

C. Secondary Review of Applications

After the Intake Specialist deems the application complete, they will create file folders for all programs to which the applicant has applied and forward the folders to the appropriate staff for secondary review. The secondary review will be conducted in the order applications were received by the Intake Specialist.

1) Applications Determined Incomplete by Secondary Review

If the secondary review determines that the application is incomplete, a letter detailing the items needing attention will be sent to the applicant. Additionally, the application will be placed in the Incomplete Application File and treated in accordance with applicable procedures.

2) Applications Determined Complete by Secondary Review

If the secondary review affirms the Intake Specialist’s determination that an application is complete, the secondary reviewer will initial the application and stamp it with the current date and time. LNHA shall use this date and time for determining waiting list priority.

3) Special Provisions for the Down Payment/Mortgage Assistance Program ("DPMAP")

Supplemental Information and Documentation.
Applicants for the DPMAP may be required to provide information and documentation beyond the basic application. When additional information is required, applicants will not be placed on the waiting list until all the additional information is received by LNHA.
Extended Retention in Incomplete Application File
DPMAP applications deemed incomplete upon secondary review will be retained in the Incomplete Application File for ninety (90) days instead of thirty (30) days.

D. Eligibility Determination of Completed Applications

When the secondary review determines that an application is complete, the secondary reviewer will examine the application more closely for income and other necessary eligibility criteria for all programs to which the applicant has applied. After the eligibility review is complete, the secondary reviewer will determine whether the applicant is eligible or ineligible and place the application into the appropriate file.

1) Eligible

This category contains applications meeting the initial eligibility requirements (excluding income requirements). An applicant/HOH determined to be eligible shall be promptly notified in writing.

Placement on Waiting List
If an applicant is eligible in all aspects except for income criteria, he or she shall be placed on the waiting list for which the applicant has applied, and his or her income will be reviewed at the time of selection. Applications will be ordered on waiting lists in accordance with the priorities outlined within this Chapter.
Applications for Multiple Programs
If an applicant has applied for more than one program, a copy of the application and accompanying documentation shall be created for each program applied for and placed in a separate file.

2) Ineligible

This category contains those applications not meeting initial eligibility requirements. Upon a determination of ineligibility, a notice shall be sent to the applicant/ HOH stating the reason(s) for the determination of ineligibility.

E. Waiting List Administration

LNHA Staff shall maintain separate waiting lists for each LNHA Program. The lists shall be comprised of applicants who have been determined eligible. Eligible applicants will be placed on waiting list(s) by order of priority. Within each priority group, the applicant/HOH will be placed in chronological order with the oldest application being first and the most recent application being last.

1) Updating Applications

Applicants/HOHs who have been determined eligible, but who are not receiving services, are responsible for updating their application on an annual basis. Failure to update an application at least once every 12 months will result in the applicant being removed from the waiting lists of all programs to which he or she has applied, as well as loss of his or her original priority date.

Review of Applications Not Receiving Services
To ensure applications are updated/certified in a timely fashion, LNHA shall review all applications deemed eligible, but not receiving services, on a regular basis. From this review, the Intake Specialist shall make note of all applications requiring certification within 60 days.
Notification
1. The Intake Specialist shall send applicants required to certify within 60 days a letter informing them of the required certification.
2. The Intake Specialist shall use the list of “60-day letters” to send additional letters when an applicant has not certified within thirty (30) days of his or her required date.
3. If the Intake Specialist is unable to successfully contact an applicant using the phone number provided in the application, and regular and certified mailed notices are returned without response for a period exceeding sixty (60) days, the applicants name will be added to a list which shall state and notify the following:
  1. The Lummi Nation Housing Authority seeks to notify the individuals listed below to contact the LNHA within thirty (30) days of the posting of this Notice. Please do not delay in contacting our office. This is our final attempt to reach out and resolve a pending confidential matter.
  2. This is the LNHA’s final attempt to contact these individuals regarding a confidential pending matter. Any further non-communication beyond thirty (30) days will be considered as resolution of the pending matter.

2) Updating Members of the Household

If the number of individuals in an applicant household composition change, either prior to or during participation in a LNHA Program, the applicant or participant must update his or her application within 14 days of the change.

3) Suspending Taking of Applications

The LNHA reserves the right to close the waiting list and suspend the acceptance of new applications at any time. Additionally, the LNHA may establish submission deadlines for inclusion in specific projects, programs, or funding years.

F. Order of Selection for Units Not on Lands Held in Trust by the United States Government for the Benefit of Individual Indians

1) Generally

LNHA shall select eligible applicants based on the below-listed point system in the chronological order their applications were received by LNHA. Additionally, LNHA will only select an applicant from the waiting list if his or her household size conforms with the size of the unit that is available. For example, if a three-bedroom unit becomes available, a two-person household with more points will be bypassed in favor of a four-person household with fewer points.

2) Disability

As defined in Chapter 14 (X) on Page 162: If an individual is not receiving or eligible for SSD but believes they are disabled, they may seek disabled status through an appeal to the LNHA Executive Director, who will assess the individual’s particular circumstances.

If an individual requires a specifically equipped unit to accommodate his or her disability, the award of a unit to that individual shall be contingent on the availability of such an equipped unit.
If a non-disabled individual resides in a unit specially equipped for disabled individuals, the non-disabled individual may be required to transfer if the unit is needed to accommodate a disabled individual.

3) LNHA Point System

Points	Category
8	Enrolled Lummi Tribal Elder (55 years or older) Point Preference applies for Rental Housing Units developed and reserved for Elderly Use Only.
7	Enrolled Lummi Parent with Enrolled Lummi Child(ren)
6	Non-Lummi Parent with Enrolled Lummi Child(ren)
5	Enrolled Lummi Tribal Member and Veteran of the U.S. Armed Forces
4	Enrolled Lummi Tribal Member and Physically Disabled Point Preference applies for Rental Housing Units developed and reserved for Disabled Use Only.
3	Enrolled Lummi Tribal Member and 18 years or older
2	Non-Lummi Enrolled Tribal Elder (55 years or older), Veteran, and/or Disabled (must be from federally recognized tribe).
1	Non-Lummi Enrolled Tribal Member 18 years or older (must be from federally recognized tribe).

G. Determination of Suitability

1) Factors for Suitability Screening

Prior to an applicant’s receipt of services, LNHA shall conduct a thorough screening of the applicant/HOH, as well as all associated applicants, in order to determine suitability for assistance.

Credit History
The applicant’s credit history, including past performance in meeting financial obligations such as rent and utilities, will be reviewed. The applicant consents to the release of information from prior landlords, including a payment history of up to five (5) years, if available. Additionally, a credit report may be obtained to assess the applicant’s creditworthiness.
Prior evictions.
An evaluation will be conducted to determine whether the applicant has been evicted within the past five (5) years from any rental property, whether privately owned, on or off the tribal nation. This also includes eviction from other public housing authorities or tribal housing authorities for non-payment or lease agreement violations.
Prior participation in an LNHA program.
If the applicant has previously been identified as a “head of household” in an LNHA program home or as a participant in another housing authority’s program, they must have satisfactorily existed or fulfilled their prior contract obligations with the LNHA, as determined at the sole discretion of the LNHA. All prior debts to the LNHA must be fully satisfied for the applicant to be considered for admission. Additionally, an applicant being considered for a NAHASDA-funded housing project must be a first-time homebuyer and must not have participated in any prior federally funded housing purchase programs.
Positive Drug Tests at the Time of Suitability Review
Applicants and all household members over the age of eighteen (16) are required to undergo a drug screening within twenty-four (24) hours of receiving notice from the LNHA. This screening is conducted as part of the suitability review process.
If an applicant member of a household tests positive in a drug test administered by LNHA, that applicant and all other household members shall be considered unsuitable. All drug testing shall be conducted in full accordance with the LNHA Drug Testing Policy. See Appendix B, Page 166.
1. LNHA may allow admission into a LNHA Program for families who have minor children who test positive in a drug test, contingent upon the minor receiving regular drug testing and home visits by LNHA Staff.
2. Anyone who has a positive LNHA drug test may be removed from all LNHA programs he or she has applied for and may not be eligible for reapplication until three months from the date of the positive result.
3. The applicant may avoid removal from the waiting list by providing proof of an appointment for drug evaluation and treatment within fifteen (15) days of testing positive. In addition, the applicant must also submit to treatment within three (3) months. If the applicant does not provide proof of an appointment and proof of treatment within three (3) months, the applicant shall be removed from the waiting list. If the applicant does provide proof of treatment, he or she may submit a new drug test. After proof of a negative drug test, LNHA will continue the applicant on the waiting list.
4. Anyone who has a history of using Methamphetamine in LNHA homes and/or have tested positive for Methamphetamine in a test administered or recognized by LNHA, will be deemed unsuitable. They will have the right to appeal to the Executive Director within ten (10) days; whose decision shall be final.
Criminal Background Check
The LNHA shall require all applicant household members to consent to a criminal background check, as authorized by the Native American Housing Assistance and Self-Determination Act (NAHASDA) (25 U.S.C. § 4138(a), (b), (c)). The following procedure for the receipt and review of a background check shall apply:
1. Consent Form: All applicant household members over the age of eighteen (18) must sign a consent form authorizing the LNHA to conduct a criminal background check.
2. Data Collection: The LNHA will collect all necessary personal information from the applicants to facilitate the background check.
3. Background Check Initiation: The LNHA will initiate the criminal background check through a licensed and accredited background check service provider.
4. Review Process: Upon receipt of the background check results, the LNHA will review the information to assess the suitability of the applicants for housing assistance.
5. Disqualification Criteria: The LNHA reserves the right to disqualify any applicant or household member based on findings that are deemed incompatible with the safety and well-being of the community. This may include, but is not limited to, convictions for violent crimes, drug trafficking, or any other offenses that pose a threat to the community.
6. Notification: The LNHA will notify the applicants of the results of the background check and any subsequent decisions regarding their eligibility for housing assistance.
7. Appeal Process: Applicants who are disqualified based on the criminal background check may appeal the decision by submitting a written request for reconsideration within fourteen (14) days of the notification. The appeal will be reviewed, and a final decision will be communicated to the applicant in writing.
8. Confidentiality: All information obtained from the criminal background check will be kept confidential and used solely for the purpose of determining housing assistance eligibility.
9. Sex Offender Registration Review: The LNHA will review whether any applicant household member is required to register as a sex offender.
10. Lifetime Registration Disqualification: Pursuant to 24 C.F.R. § 5.856, any applicant household member who is subject to a lifetime registration requirement under a Federal, State, or Tribal Sex Offender Registration Program shall not be admitted to a Federally-assisted housing program.
11. Sealed and Secured Records: Information containing criminal convictions, pending charges, police reports, and sex offender registration details shall be maintained in a sealed envelope within the applicant file marked “confidential.” Such files will be stored in a separate, locked cabinet. The information shall not be disclosed to individuals without a work-related purpose for accessing it.
12. Case-by-Case Review for Convictions and Pending Charges: Any evidence of criminal convictions or pending criminal charges within the past ten (10) years shall be reviewed on a case-by-case basis for consideration for admission or denial of admission to a housing program administered by the LNHA. An applicant may provide written evidence or a written recommendation by an official of the sentencing Court recommending their admission into an LNHA housing program. However, the determination by the LNHA Executive Director shall be final.
13. Drug-Related Convictions or Charges: Any evidence of a drug-related criminal conviction or pending criminal charges related to the possession of a controlled substance or drug-related paraphernalia within two (2) years prior to their selection to an LNHA housing program waiting list shall present evidence of the following to become eligible for admission:
  1. Proof of completion from a licensed substance above treatment program; or
  2. Proof of ongoing participation in a licensed substance abuse treatment program subsequent to their charges.
Income
The screening process shall also include a verification of the applicant’s income. Should the applicant not meet the income requirements of the program for which he or she is selected, the applicant will be removed from the waiting list.
Conflict of Interest
In accordance with 24 C.F.R. § 1000.30(a)(b)(c) of the Native American Housing Assistance and Self-Determination Act (NAHASDA), the LNHA shall disclose, via publication in local media (including but not limited to Public Notices, Newspapers, or Internet postings), any housing assistance provided, or intended to be provided, to an applicant who, at the time of application and/or selection, has immediate family ties to an employee of the LNHA, an LNHA Board Member, a Member of the Lummi Nation Tribal Council, or other business relations (such as consultants or contractors) associated with the LNHA. This public disclosure must be submitted to the LNHA’s local HUD office and the Northwest Office of Native American Programs (ONAP) in Seattle, Washington, prior to the approval of any assistance.
Further reference is contained in the LNHA Conflict of Interest Policy in IHBG Housing Assistance, Chapter 13, Page 159, of these policies.

2) Determination of Unsuitability

Unsuitability determinations based on a criminal history of violent felony or sex offense charges/convictions may not be waived.
Applicants who are found unsuitable based on factors other than those listed in Section (a) (above) may appeal this finding to the LNHA Executive Director, who may waive the finding of unsuitability at their sole discretion. The presumption of unsuitability may only be overcome if the household member can demonstrate to the LNHA Executive Director that the behavior involved with the charges will not adversely affect the other community members.
If any member of an applicant/HOH’s household is found unsuitable, all members of the household shall also be presumed to be unsuitable and shall be removed from all LNHA waiting lists. However, household members may overcome the presumption of unsuitability if they can demonstrate to the LNHA Executive Director that (1) they were not involved with the actions resulting in unsuitability; (2) the actions of the applicant whose behavior is the underlying basis for unsuitability will not affect their tenancy; and (3) the applicant whose behavior is the underlying basis for unsuitability will not be residing in the home.
Applicants determined to be unsuitable shall receive a written notice informing them of the decision, the grounds upon which it was based, and that applicants other than those whose behavior was the underlying basis for the finding of unsuitability may be able to overcome the presumption of unsuitability through discussion with the LNHA Executive Director.
The LNHA Executive Director may allow individuals who are found unsuitable (or their associated applicants) to become probationary participants by entering into special addenda to the standard lease agreement. These addenda shall be individually tailored to assist the participant with overcoming the factors that resulted in the finding of unsuitability and to ensure compliance with to the LNHA Policies.
Applicants or any household member of an applicant who has ever been convicted of manufacturing methamphetamine on the premises of federally assisted housing shall be considered unsuitable. This unsuitability determination may not be waived or grieved.

3) Responsibility of Selected Applicants

Prior to occupancy, selected applicants must:

Either accept or reject the offer in writing within seven (7) days of receipt. Failure to respond to the offer within seven (7) days of reception shall be regarded as a rejection of the offer;
Participate in policy, maintenance, credit, or budget counseling sessions as directed by LNHA;
Execute additional required documentation particular to the program for which they are selected.

4) Notification of Selected Applicants

Upon completion of the screening process and determination of suitability for admission, the Head of Household (HOH) and associated applicants will be promptly notified in writing of their selection. Notification will be provided via the phone number listed on the application, including any alternate message phone number specified. In addition, a written notification letter will be sent via USPS Certified Mail to the address provided in the application.

In the event that mailed notifications are returned or phone notification attempts are unsuccessful, the LNHA will post the names of the selected applicants, requesting them to contact the LNHA within seven (7) calendar days. If contact remains unsuccessful after this period, the offer of admission shall be withdrawn.

The notification shall include the following:

a statement notifying the family of the LNHA program for which he or she has been selected;
a statement that participants in all LNHA programs will be required to participate in mandatory counseling/training sessions prior to occupancy (if applicable);
a statement that participation in the program for which he or she has been selected will require the execution of additional documents (if applicable);
a statement containing the necessary and appropriate details of the assistance to be received;
a statement that the family has 30 calendar days after their receipt of the notification in which to respond in writing to the notice, either accepting or rejecting the service/assistance offered;
a statement that a rejection of the offer shall result in the applicant/HOH receiving a new date of application (the date of formal rejection), and that the applicant’s/HOH’s application will be placed at the bottom of the appropriate priority group within the waiting list of the program for which the applicant has just rejected services;
a statement that failure to respond within 30 calendar days shall be regarded as a rejection of the offer;
the date of formal rejection and new application date shall be 30 days after the applicant’s receipt of the notification of selection;
a statement that the notice is not a contract and does not obligate LNHA in any way.

5) Transition from Applicant to Participant

An applicant/HOH who accepts an offer of participation in a LNHA Program (as well as all his or her associated applicants) shall become participant/HOH or associated participants upon receipt of this acceptance by LNHA. If an applicant who accepts an offer is on waiting lists for multiple LNHA programs, he or she shall remain on those waiting lists during participation in other programs.

4. INCOME ELIGIBILITY

A. Rental Program

1) Income in Relation to Median

Unless otherwise specified, all calculations of income will be based on figures published by the U.S. Census.

Except for rental units that are part of LNHA’s Low-Income Housing Tax Credit Project, initial qualification for participation in the LNHA Rental Program shall require a household income at or below 80% of the median income for Whatcom County or the United States, whichever is greater. LNHA may use 10% of its funds to serve individuals whose income is between 80% and 100% of the median income for Whatcom County or the United States, whichever is greater, and who demonstrate to LNHA that their housing needs cannot be met through other means.
In order to occupy rental units that are part of LNHA’s Low-Income Housing Tax Credit Project, applicants must have an income at or below 40% of the median.

2) Income in Relation to Utility Costs

A household’s monthly income must equal at least the monthly utility costs of the unit (averaged over a 12-month period).

B. NAHASDA-funded Programs

1) Income in Relation to Median

Participation in the LNHA NAHASDA-funded housing programs require a household income at or below 80% of the median income for Whatcom County or the United States, whichever is greater.

2) Income in Relation to Utility and Maintenance Costs

The monthly administrative charge for the LNHA NAHASDA-funded housing programs, combined with the average monthly utility and maintenance costs of the unit, after deducting the $50 per month utility allowance, shall not exceed 50% of the household’s monthly income. The administrative charge is subject to amendment from time to time and, upon such amendment, shall be incorporated into and become a part of these policies.

C. Time at Which Income Eligibility is Determined

Income Eligibility shall be determined at the time of application, during the determination of suitability, and at each annual or interim certification. Should annual or interim certification reveal that a participant exceeds the initial income eligibility criteria, it shall not affect his or her status in the Rental Program, except that the participant’s income shall be determined in accordance with 24 CFR 1000.10. See Appendix A, Page 171. Verification of income determinations for applicants eligible for units within the LNHA’s Low-Income Housing Tax Credit Project shall be performed by LNHA.

5. LIMITATIONS ON OCCUPATION OF HOMES WITHIN THE LOW-INCOME HOUSING TAX CREDIT PROJECT

Occupation of rental units that are part of LNHA’s Low-Income Housing Tax Credit Project requires that the Head of Household (HOH) be an “active participant” in the aquaculture industry and intends to continue this participation. An “Active Participant” shall be defined according to the U.S. Internal Revenue Service Low-Income Housing Tax Credit Housing Regulations as they currently exist or may be amended in the future.

If there are no applicants who meet the aquaculture industry and other LNHA requirements, LNHA may offer participation in the Tax Credit units to individuals on the regular LNHA Rental Program waiting list.

6. FAILURE TO MEET MEMBERSHIP CRITERIA

Should a participant in a LNHA rental unit fail to meet the program’s tribal membership criteria at any time during his or her occupancy, the participant shall be terminated.

7. UNIT SIZE

In order to prevent overcrowding and wasted space, units shall be assigned in accordance with the following schedule. LNHA may make exceptions in exceptional circumstances. Factors to be considered include, but are not limited to, age and gender of children, potential changes of family composition, and availability of units.

NUMBER OF BEDROOMS	NUMBER OF PERSONS
1 BR	1-2
2 BR	2-4
3 BR	3-6
4 BR	4-8
5 BR	5 -10

A. Overcrowding

A household’s ratio of occupants to bedrooms may not exceed two to one. If this ratio does exceed two to one, LNHA shall initiate either a termination or a transfer.

B. Children of Different Genders

Children of different genders may not reside in the same bedroom.

C. Adult Children Named Within an Application

LNHA will permit single adult children of a primary applicant to be named as potential occupants on an application under one or more of the following conditions:

The adult child must be the natural-born or legally adopted child of the primary applicant and is above the age of 18-years.
The adult child must be currently enrolled in a higher education program (e.g., college, job training program) or be gainfully employed, with the intention of contributing their income as part of the household income composition.
Alternatively, the adult child must meet the criteria as a person in need of care or as an incapacitated individual.
The adult child must utilize the LNHA unit as their primary place of residence.
The inclusion of the adult child must not be intended to secure a larger LNHA unit on the waitlist.
The adult child must apply with the intention of contributing to the household’s welfare and the care and upkeep of the LNHA housing unit.

D. Adult Children With Families

The LNHA shall not permit a primary applicant to include an adult child with their own family unit within an application.

For the purposes of this policy, an adult child with their own family unit is defined as: a) An adult child with their own natural-born or legally adopted child or children; or b) An adult child with a spouse or significant other.
Individuals under these conditions are required to apply for their own housing unit in accordance with the qualification standards outlined in these policies.

E. Policy on Acceptable Proof of Custody for Housing Eligibility

1) Purpose:

To ensure the integrity of the housing eligibility process and prevent misuse of Temporary Custody Authorization Forms, which are not legally binding and can be easily revoked without legal action.

2) Policy Statement:

The use of Temporary Custody Authorization Forms as proof of custody for housing applications is prohibited due to their non-binding nature and the potential for abuse.

3) Procedures:

Acceptable Proof of Custody:
Only legally binding custody documentation will be accepted as proof of custody for housing applications.
Acceptable documents include, but are not limited to:
1. Court-issued custody orders.
2. Legal guardianship papers.
3. Adoption papers.

4) Verification Process:

All submitted custody documentation will be verified for authenticity and current validity.
Applicants may be required to provide additional information or documentation as needed.

5) Points Allocation:

Points for housing priority will only be awarded based on the verified legal custody of children.
Applicants attempting to use non-binding custody documents or falsely represent custody will be subject to disqualification from the waiting list and potential further review.

6) Regular Reviews:

Periodic audits will be conducted to ensure ongoing compliance with this policy.
Any changes in custody status must be reported immediately to the housing authority.

7) Misuse and Penalties:

Any misuse of custody documentation to gain housing priority will result in immediate action, which may include removal from the waiting list.
Legal actions may be pursued against individuals found to be abusing the custody documentation process.

8. MISCELLANEOUS

A. Receipt of Policies and Procedures and Public Access to Policies

Prior to receipt of services or initiation of participation in any LNHA Program, selected applicants shall receive a copy of all LNHA Policies and Procedures applicable to the program for which they have been selected. LNHA shall also provide a training session regarding these policies. Participation in this training session shall be mandatory to begin participation in a program. Upon receipt of the LNHA Policies and Procedures, the selected applicant shall sign a written verification of receipt.

Under this policy, the LNHA is required to disseminate any revisions or amendments to these policies to all participants within thirty (30) days of the changes being made. Distribution may be accomplished either through hard-copy or electronic means. Furthermore, the LNHA shall ensure that an updated copy of these policies is prominently displayed in a well-trafficked public area of the main office, thereby ensuring continuous accessibility.

B. Counting of Time

Unless otherwise specified, all references to “days” in these Policies and Procedures shall be considered calendar days.
Where these Policies and Procedures state that actions must be taken within a specified time period, and the last day of the time period falls on a Saturday, Sunday, or Holiday observed by LNHA, the time period shall be considered to conclude on the first working day following the Saturday, Sunday, or observed holiday. Extenuating circumstances will be taken into account in cases of administrative closures arising from natural disasters, adverse weather conditions, or government-mandated shutdowns.
Unless otherwise specified, there shall be a rebuttable presumption by LNHA that all mail sent to applicants or participants will be received:
1. Two (2) days after the postmark for all mail sent to addresses within Whatcom County, WA.
2. Three (3) days after the postmark for all addresses outside of Whatcom County, but within the State of Washington.
3. Five (5) days after the postmark for all address outside of the State of Washington.

C. File Confidentiality

All files of applicants and participants shall be confidential and only available for inspection by LNHA staff, the applicant or participant, or a written designee of the applicant or participant. Applicant and participant files shall not be confidential to the extent the information contained within is necessary for the resolution of disputes between LNHA and an applicant or participant. This shall include, but is not limited to, documents related to termination and eviction.

D. Forum Selection

Any disputes arising under these Policies and Procedures that require judicial action shall be brought first within in the Lummi Nation Tribal Court.

E. Choice of Law

Disputes arising under these policies and procedures shall be governed primarily by the laws of the Lummi Nation, secondarily by the laws of the United States of America, and lastly by the laws of the State of Washington.

F. Joint and Several Liability of Household Members

All adult members of a household shall be jointly and severally liable for all participant-caused damages to LNHA units occurring during their occupancy.

G. Severability

If any paragraph, section, or provision of these Policies and Procedures should be declared invalid for any reason, that paragraph, section, or provision shall be severed from the remainder of these Policies and Procedures, and the validity of the remainder shall not be affected by such decision.

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