Ch 5. REHABILITATION ASSISTANCE PROGRAM

    Ch 5 Outline

  1. 1. APPLICABILITY
  2. 2. CRITERIA FOR ASSISTANCE
    1. A. Application Process
  3. 3. SELECTION PROCEDURE AND REQUIREMENTS
    1. A. General Provision
    2. B. Order of Selection
      1. 1) Applicants who have Received Prior Assistance
      2. 2) Order of Selection
  4. 4. PROCEDURAL GUIDELINES FOR REHABILITATION ASSISTANCE
    1. A. Determination of Amount of Assistance
    2. B. Frequency of Assistance
    3. C. Prioritization of Assistance
      1. 1) Combining Repairs
      2. 2) Refusal of Health and Safety Repairs
      3. 3) Termination Due to Economic Inefficiency
    4. D. Credit Counseling
    5. E. Verification of Attendance
  5. 5. DESCRIPTION OF RAP ASSISTANCE
    1. A. Program Parameters
      1. 1) Form of Assistance
      2. 2) Lifetime Award Limits
      3. 3) Determination of Lifetime Award Limits
  6. 6. TERMS OF THE AGREEMENT
    1. A. Required Terms and Conditions
      1. 1) Location Requirement
      2. 2) Principal Residence Requirement
      3. 3) Ownership Requirement
      4. 4) Grant Forgiveness
      5. 5) Early Sale or Transfer
      6. 6) Memorandum of Grant Agreement
      7. 7) Debt Satisfaction
      8. 8) Interest on Debts
      9. 9) Loss of Active Status
      10. 10) Death or Mental Incompetence
      11. 11) Medical Treatment Absence
  7. 7. WARRANTIES
    1. A. General Warranty
    2. B. Force Account Work
  8. 8. HOME REPLACEMENT
    1. A. Purpose
    2. B. Waiting List
      1. 1) Priority
      2. 2) Exceptional Circumstances
    3. C. Amount of Assistance
    4. D. Conditions of Assistance
      1. 1) Home Demolition
      2. 2) Sale of Home
      3. 3) Maintenance Responsibility
      4. 4) Permitting Process

1. APPLICABILITY

The policies and procedures outlined in this Chapter govern the Rehabilitation Assistance Program (“RAP”). The Lummi Nation Housing Authority (LNHA), at its sole discretion, retains the authority to amend, revise, or otherwise modify any aspect of RAP, including but not limited to its policies, procedures, and guidelines. The availability of the program is contingent upon the funding allocated to RAP and is subject to change without prior notice.

2. CRITERIA FOR ASSISTANCE

A. Application Process

  1. Applicants for the RAP must meet all general eligibility criteria detailed in Chapter 1, except that only the applicant(s) whose name(s) will appear on the home’s title or who are on the application for outside funding shall be subject to drug testing.
  2. The applicant must furnish LNHA with proof of ownership for the unit to which the assistance will be applied. Proof of continuing ownership must be supplied to LNHA on an annual basis. Failure to provide this documentation may result in LNHA requiring refund of awarded monies under this Chapter.
  3. For assistance requests over $2,500, the applicant must provide documentation that the home is fully insured as of the date of application.
  4. The home must be a condition that is healthy and safe enough as to allow LNHA maintenance staff and contractors to conduct the necessary repairs. If the home is denied for health hazards, the applicant will have thirty days to correct the noted deficiencies. If the deficiencies are not corrected within that time frame, the application will be removed from the waiting list.

3. SELECTION PROCEDURE AND REQUIREMENTS

A. General Provision

LNHA shall select eligible applicants from the RAP waiting list in accordance with the selection preferences (priority groups) outlined below and the applicant’s respective eligibility dates.

B. Order of Selection

1) Applicants who have Received Prior Assistance

Applicants who have received prior assistance under the RAP shall be prioritized first by the number of times they have received service, and second by their priority group and time of submission. This means that applicants who have not received prior assistance will be served before applicants who have received prior assistance.

2) Order of Selection

Applicants will be placed on waiting lists based on their membership in the categories listed in Chapter 2, Section F(3). These categories are listed in the respective order of priority for placement. All applicants for the Rehabilitation Assistance Program must be enrolled Lummi Tribal Members.

4. PROCEDURAL GUIDELINES FOR REHABILITATION ASSISTANCE

A. Determination of Amount of Assistance

  1. Applicants for assistance whose income is between 0 and 80 percent of the median income for Whatcom County or the United States, whichever is greater, shall be eligible for a grant of up to $15,000 for work necessary to resolve asbestos contamination in homes previously part of LNHA Assisted Stock, and $7,500 for all other work. See Section B below. Applicants who are displaced from their units for more than two weeks for work relating to asbestos contamination shall be eligible for a relocation stipend of $100 per week beginning in the third week they are displaced from the home.
  2. Applicants for assistance whose income is between 80 and 100 percent of the median income shall be eligible for a grant of up to $2,500 and a loan of up to $2,500.

B. Frequency of Assistance

Applicants shall be eligible to receive assistance once every 365 days. Time shall be counted from the day the applicant is selected.

C. Prioritization of Assistance

After selection, but prior to the delivery of services, LNHA shall inspect the home and develop a proposed work plan in which items needing repair and/or rehabilitation shall be identified and prioritized. As part of this process, LNHA shall document all repairs necessary to ensure the health and safety of the resident(s). All indicated health and safety repairs shall be completed prior to any non-health and safety repairs. Should the health and safety repairs cost less than $7,500, the difference between the cost of the health and safety work and the award cap of $7,500 (See Section A above) shall be applied to completion of any of the originally requested work that is not health and safety related, so long as the originally requested work is estimated to cost no more than the remaining funds.

1) Combining Repairs

LNHA reserves the right to combine health and safety related repairs with non-health and safety repairs to effectuate economic efficiency.

2) Refusal of Health and Safety Repairs

Participants shall have the right to refuse health and safety repairs, but such refusal shall result in their disqualification from any eligibility to receive non-health and safety related repairs.

3) Termination Due to Economic Inefficiency

LNHA reserves the right to revoke an applicant’s selection if it determines that completing the proposed work is not in the best interest of the LNHA Program. Such a determination shall be at the sole discretion of the LNHA Executive Director and shall occur if the unit is in a substandard condition, thus rendering work on the unit economically inefficient. If a selected applicant’s unit is determined to be in a substandard condition that renders the work economically inefficient, the applicant shall be placed on a separate waiting list for replacement of the unit.

D. Credit Counseling

If an applicant chooses to take a loan under the RAP after selection, but prior to delivery of services, the LNHA Program shall require the applicant to attend a credit counseling session to help them manage his or her debt.

E. Verification of Attendance

Verification of attendance at the credit counseling session must be provided to LNHA within three months of selection for receipt of services. If an applicant does not provide verification of attendance within this time period, he or she will be removed from the waiting list and may then only receive services under the RAP through the submission of a new application.

5. DESCRIPTION OF RAP ASSISTANCE

A. Program Parameters

1) Form of Assistance

The assistance shall be awarded in the form of a grant. The grant is intended to fund the rehabilitation of the applicant’s privately owned dwelling unit. Rehabilitation work will be performed either by the LNHA Program or by a private contractor under the supervision of the LNHA Program.

2) Lifetime Award Limits

  1. For Applicants with Median Income Between 0%-80%: The maximum lifetime award is $25,000.
  2. For Applicants with Median Income Between 80%-100%: The maximum lifetime award is $5,000.

Funds expended to resolve asbestos contamination in homes previously part of LNHA’s Assisted Stock shall not count towards the $25,000 lifetime award limit.

3) Determination of Lifetime Award Limits

The lifetime award limits will be assessed each time an applicant’s repair and/or rehabilitation request is selected from the waiting list. “Lifetime” refers to both the lifetime of the dwelling unit and the individual (or their spouse) applying for the assistance.

6. TERMS OF THE AGREEMENT

The terms and conditions outlined in this section shall be specified and documented in a separate agreement executed between LNHA and the participant.

A. Required Terms and Conditions

1) Location Requirement

The unit/house must be located in Whatcom County.

2) Principal Residence Requirement

The unit/house must be the applicant’s principal place of residence (see Chapter 3, Section 8(A) Principal Residence Requirement, Page 54).

3) Ownership Requirement

The applicant must be the principal or joint owner of the home.

4) Grant Forgiveness

Grants issued under the RAP shall be forgiven over a period of ten years, with 10% of the amount forgiven at the end of each year. The time period begins on the date of the grant’s disbursement.

5) Early Sale or Transfer

  1. If a grant recipient voluntarily sells or transfers ownership of the unit/house within five years of purchase, 100% of the original grant amount must be refunded to LNHA.
  2. If the home is sold after the fifth year but before the end of the sixth year, 50% of the original grant amount must be refunded.
  3. If the home is sold after the sixth year but before the end of the seventh year, 40% of the original grant amount must be refunded.
  4. If the home is sold after the seventh year but before the end of the eighth year, 30% of the original grant amount must be refunded.
  5. If the home is sold after the eighth year but before the end of the ninth year, 20% of the original grant amount must be refunded.
  6. If the home is sold after the ninth year but before the end of the tenth year, 10% of the original grant amount must be refunded.

6) Memorandum of Grant Agreement

To recoup any funds owed as a result of early sale, LNHA shall record a Memorandum of Grant Agreement with the appropriate authority.

7) Debt Satisfaction

Any debts to LNHA incurred through the RAP must be satisfied within three years of their inception.

8) Interest on Debts

Debts to LNHA incurred through the RAP that are not satisfied within three years will accrue interest at 5% per annum.

9) Loss of Active Status

Failure to satisfy debts to LNHA within the three-year time limit will result in the participant losing active status on all LNHA waiting lists. Active status can only be reacquired through the submission of a new application.

10) Death or Mental Incompetence

If the grant recipient dies or is rendered mentally incompetent before the grant is fully forgiven, LNHA will allow the sale or transfer of the home without penalty.

11) Medical Treatment Absence

If the grant recipient requires medical treatment necessitating a long-term absence from the unit/house, LNHA may waive the principal place of residence requirements outlined in Section 2 above.

7. WARRANTIES

The construction or rehabilitation work shall be warranted as follows:

A. General Warranty

The work will be warranted in accordance with the general contract.

B. Force Account Work

If force account is used, the work will be warranted for a one-year period.

The LNHA Program will provide a list or packet of applicable warranties to the participant. It is the participant’s responsibility to enforce their own rights under the terms of these warranties. Additionally:

  • The participant shall allow the LNHA Program to conduct periodic inspections during the warranty period.
  • Inspections will be conducted in accordance with Chapter 3, Section 14 Home Inspections, Page 61.

8. HOME REPLACEMENT

A. Purpose

When LNHA determines that the unit of an applicant for the Rehabilitation Program is in a substandard condition that renders repair work economically inefficient, the applicant shall be placed on a waiting list for home replacement.

B. Waiting List

1) Priority

The waiting list for home replacement will follow the same priority guidelines as the Rehabilitation Program.

2) Exceptional Circumstances

LNHA reserves the right to prioritize individuals whose homes have been destroyed by natural or human-caused disasters or determined to be an immediate health and safety hazard.

C. Amount of Assistance

The amount of assistance available for home replacement will be determined by LNHA and will depend on available funds and resources.

D. Conditions of Assistance

1) Home Demolition

The substandard home of the applicant must be demolished.

2) Sale of Home

If the program participant sells the home within ten years of initial occupancy, LNHA shall recoup the cost of construction from the proceeds of the sale according to the terms outlined in the Down Payment and Mortgage Assistance Program.

3) Maintenance Responsibility

All maintenance of the home shall be the responsibility of the program participant.

4) Permitting Process

Homes provided under the home replacement program must comply with the Lummi Planning permitting process.

Scroll to Top