Ch 3. RULES FOR OCCUPANCY AND TERMINATION PROCEDURES
- 1. EXECUTION OF AGREEMENT
- 2. CHANGES, MODIFICATIONS & AMENDMENTS
- 3. TERMINATION OF AGREEMENT
- 4. VIOLATIONS OF THE LEASE OR LNHA POLICIES
- 5. RULES OF OCCUPANCY
- A. Applicability
- B. LNHA Security
- C. Determinations by the LNHA Executive Director
- D. Illegal Drugs
- E. Drug Testing – Annual Or Random
- F. Smoking Limitations and Use of Marijuana or Marijuana-related Products
- G. Prohibition of Subleasing
- H. Damage to the Unit
- I. Public Disturbance
- J. Criminal Charges
- K. Addition of New Household Members
- L. Failure to Timely Report Changes in Income or Household Composition
- M. Use of the Unit as a Business Location
- N. Modifications to the Unit
- O. Violation of Right to Quiet Enjoyment and other Legally Prohibited Acts
- P. Pets
- Q. Failure to Maintain Utilities
- R. Automobiles
- S. Insurance
- T. Sex Offender Visitation
- U. Health and Safety Guidelines
- A. Applicability
- 6. SPECIAL PROVISIONS FOR NON-INDIANS PARTICIPATING IN THE RENTAL PROGRAM BY VIRTUE OF THEIR CUSTODY OVER A MINOR CHILD WHO IS AN ENROLLED MEMBER OF THE LUMMI NATION.
- 7. OCCUPANCY ON BEHALF OF AT RISK PERSONS, VULNERABLE ADULTS, PERSONS IN NEED OF CARE.
- 8. MANDATORY TERMINATION
- 9. MAINTENANCE
- 10. RENTAL PROGRAM SECURITY DEPOSIT
- 11. CERTIFICATION
- 12. BASIC UTILITY CHARGE
- 13. UTILITY ALLOWANCES
- 14. HOME INSPECTIONS
- 15. STRUCTURAL MODIFICATION
- 16. TRANSFER
- 17. SUCCESSORSHIP – Homeownership
- 18. PAYMENTS AND COLLECTION
- 19. DELINQUENCY AND TERMINATION
- 20. COUNSELING OPPORTUNITY
- 21. METHAMPHETAMINE REMEDIATION POLICY
Ch 3 Outline
1. EXECUTION OF AGREEMENT
Before occupying a unit, the Tenant must execute a contractual agreement with the LNHA. This agreement, whether a Rental Lease or Homeownership Lease Purchase Agreement, is a legal document outlining the Participant’s rights, duties, obligations, and responsibilities. The agreement signifies that the Participant comprehends their obligations as outlined in the contract and related LNHA policies, and that the LNHA has made a good faith effort to thoroughly explain the Homeownership or Rental Program rules to the Participant. The Participant’s acknowledgment and understanding are confirmed by their legal signature on the agreement, which will be signed by the Participant as the Head of Household and by the Executive Director on behalf of the LNHA. Two (2) original copies of the contract will be executed: one (1) copy will be maintained in the Participant’s file with the LNHA, and one (1) copy will be provided to the Participant.
2. CHANGES, MODIFICATIONS & AMENDMENTS
Any changes, modifications, or amendments to the Contractual Agreement must be made in writing and acknowledged by the signatures of both the Participant and the Executive Director on behalf of the LNHA. Any significant changes to the Contractual Agreement that are not addressed in the agreement or within an LNHA policy require the written consent of the LNHA Board of Commissioners through an approving resolution prior to their authorization.
3. TERMINATION OF AGREEMENT
A. Termination by Participant
A Participant may terminate their agreement by providing the LNHA with thirty (30) days’ written notice.
B. Termination by LNHA
1) Grounds for Termination
The LNHA may terminate the contractual agreement in accordance with the provisions contained within the agreement. The Participant’s failure to comply with any requirements, obligations, or duties by the Participant, a member of the household, or any person under the direct control of the Head of Household (HOH) may serve as grounds for termination of the agreement. The process for termination due to non-payment shall adhere to the LNHA’s Collection Policy.
2) Notice of Non-Compliance
Upon discovering an action that provides reasonable cause for the LNHA to believe that a Participant, a member of the household, or any person under the direct control of the HOH has rendered the HOH non-compliant with their contractual obligations, the LNHA shall issue a Notice of Non-Compliance to the HOH. The notice shall provide the HOH with a reasonable timeframe and plan to rectify the issue(s) addressed. This section shall not apply to violations pertaining to criminal activity as outlined in this policy.
3) Failure to Cure Non-Compliance
If the HOH fails to address the issues specified in the Notice of Non-Compliance within the timeframe provided, the LNHA will proceed with the termination of the Tenant’s contractual agreement. Termination proceedings will commence in accordance with Chapter 4, Section 19 – Delinquency and Termination.
4. VIOLATIONS OF THE LEASE OR LNHA POLICIES
If Participants violate their Lease or any LNHA policies, the LNHA may require them to collaborate with LNHA staff to develop a plan to ensure that such violations do not continue. Failure to cooperate with the LNHA and/or failure to adhere to the terms of the developed plan may be grounds for termination. Serious violations may result in the LNHA terminating a Lease without offering an opportunity to develop a corrective plan. Any eviction action shall be conducted as an Unlawful Detainer action in compliance with Title 39 of the Lummi Code of Laws.
A. Suspension of Account for Termination of Lease
The account of an LNHA Participant undergoing termination shall be suspended. Payments will not be accepted on the account unless the contractual agreement is restored by the Executive Director or as ordered by the Lummi Nation Court.
B. Responsibility for Amounts Due While Account is in Suspension for Termination
LNHA Participants whose accounts have been suspended due to termination proceedings remain responsible for the payment amounts that accrue during their continued occupancy in an LNHA housing unit until the unit is vacated.
5. RULES OF OCCUPANCY
A. Applicability
A violation of any of the following rules by LNHA participants, household members, or guests may constitute grounds for termination from participation in LNHA Programs. Depending on the specific circumstances surrounding the infraction, the LNHA may elect to terminate one, some, or all participants within a household.
B. LNHA Security
The role of LNHA Security is to enforce these rules. Security has the authority to issue citations to tenants based on violation(s) of these rules.
C. Determinations by the LNHA Executive Director
At the sole discretion of the LNHA Executive Director, participants and/or associated household members who have violated the following rules may be allowed to continue to reside in LNHA by entering into special addenda to their lease agreement. These addenda shall be individually tailored to assist the participant(s) with overcoming the factors that resulted in their violation(s) of LNHA Policies.
D. Illegal Drugs
The use or presence of illegal drugs by LNHA participants, household members, or guests within LNHA units is strictly prohibited. Any discovery of illegal drugs or positive drug tests may result in immediate termination of tenancy for all household members. If illegal drugs are discovered in an LNHA unit, or if any participant tests positive for illegal drugs in a test administered or recognized by the LNHA, the tenancy of all household members may be terminated. In the specific instance where Methamphetamine or evidence of its use is found in an LNHA unit, or if any household member tests positive for Methamphetamine in such a test, the tenancy of all household members shall be terminated immediately. Any grievances related to such termination may be directed solely to the Executive Director, whose decision shall be final.
1) Standard for Testing
The LNHA Board of Commissioners has determined that residential structures containing any of the following substances in excess of specified limits are unsafe for human habitation, particularly for young children: WAC 246-205-541:
- Methamphetamine: more than 1.5 micrograms per 100 square centimeters;
- Total lead: more than 20 micrograms per square foot;
- Mercury: more than 50 nanograms per cubic meter of air;
- Volatile organic compounds (VOCs): more than 1 part per million total hydrocarbons and VOCs in air.
If any housing unit owned and operated by LNHA is found to exceed these contamination thresholds, LNHA personnel shall immediately notify and remove all occupants. The unit shall remain quarantined and closed to habitation until it has been decontaminated. For further details, please refer to the Methamphetamine Remediation Policy in Section 21, Page 78 below. (WAC 246-205-541)
E. Drug Testing – Annual Or Random
Participants are subject to annual or random drug testing by the LNHA. If a participant tests positive for illegal drugs in a test administered or recognized by LNHA, the tenancy of all household members may be terminated. In the case where a participant tests positive for Methamphetamine, the tenancy of all household members shall be terminated immediately. Any grievances related to such termination may be directed solely to the Executive Director, whose decision shall be final.
F. Smoking Limitations and Use of Marijuana or Marijuana-related Products
This section outlines the prohibition against smoking any type of substance within an LNHA housing unit. Additionally, pursuant to the Lummi Nation Code of Offenses, Title 5, § 5.09A.050(c), “Marijuana is considered an illegal substance and no prescription or authorization from a healthcare professional is recognized in this jurisdiction.”
1) Indoor Smoking and Vaping Prohibition:
Participants, household members, and their guests are prohibited from smoking or vaping nicotine, cannabis, or any other marijuana products within the confines of any LNHA housing unit. This prohibition applies to all forms of smoking devices including, but not limited to, cigarettes, cigars, pipes, electronic cigarettes, and vaporizers.
2) Outdoor Smoking and Vaping Prohibition:
Participants, household members, and their guests are prohibited from smoking or vaping cannabis or any other marijuana products outside their unit or on any LNHA property. This includes, but is not limited to, common areas, playgrounds, parks, parking lots, sidewalks, and any other areas managed by the LNHA.
3) Prohibition on Marijuana Production and Paraphernalia:
Participants, household members, and their guests are prohibited from engaging in the production, distribution, or manufacture of marijuana or marijuana-related products within their unit. This includes activities such as growing marijuana plants, cooking or baking edible marijuana products (e.g., brownies, cookies), and producing hash oil or other cannabis concentrates. Possession of paraphernalia intended for the production or consumption of marijuana is also prohibited.
4) Behavioral Prohibitions While Under Influence:
Participants, household members, and their guests are prohibited from engaging in activities that constitute a nuisance or breach the Right to Quiet Enjoyment (RTQE) policy while under the influence of marijuana or any other prohibited substances. This includes, but is not limited to, disruptive behavior, loud noises, offensive odors, and any actions that impede the quiet enjoyment of other residents or violate community standards outlined by the LNHA.
5) Enforcement and Penalties:
The LNHA reserves the right to conduct inspections and investigations to ensure compliance with this policy. Failure to adhere to these restrictions may result in disciplinary actions, including fines, mandatory participation in corrective programs, and potential termination of the lease agreement. Repeated violations may escalate to legal proceedings in accordance with LNHA regulations and applicable laws.
G. Prohibition of Subleasing
Participants shall not take in boarders, sublease, or assign the unit.
H. Damage to the Unit
The Head of Household (HOH)/Participant, a household member, any guest, or any person under the control of the HOH, shall not damage, deface, vandalize, or deliberately destroy the home or any LNHA property within the vicinity of the home. The LNHA will investigate any instances of damage that are suspected to exceed what a reasonable person may consider normal wear and tear. If it is determined that the damage resulted from the deliberate actions of an individual as described above, the LNHA shall proceed with termination proceedings.
1) Investigation of Damage
The LNHA shall promptly investigate any reports or observations of damage to the unit to ascertain whether the damage is the result of deliberate actions or negligence by the HOH/Participant, household members, guests, or other individuals under the control of the HOH. The scope of the investigation may include, but is not limited to, visual inspections, witness statements, and any other relevant evidence.
2) Determination of Responsibility
If, upon investigation, the LNHA determines that the damage is attributable to the deliberate or negligent actions of a person described above, a detailed report will be compiled, and the HOH/Participant will be notified in writing. This notification will include a summary of the findings, an assessment of the damage, and any associated costs for repairs.
3) Threshold for Termination
If a unit requires more than $1,000 in non-routine maintenance due to damage, the LNHA reserves the right to terminate the Participant from their respective program. Such non-routine maintenance includes, but is not limited to, repairs, replacement of damaged property, and any other measures necessary to restore the unit to a habitable condition.
4) Repeated Damage and Accountability
In cases where there are repeated instances of damage that are the responsibility of the tenant, termination proceedings may be initiated. The LNHA will document each incident and provide notice to the HOH/Participant regarding the recurring nature of the damage and the potential consequences.
5) Notice and Opportunity to Cure
Before proceeding with termination, the LNHA shall provide the HOH/Participant with a written Notice of Non-Compliance, detailing the damage and offering a reasonable opportunity to rectify the situation. Failure to remedy the damage within the specified timeframe or repeated instances of damage may lead to termination proceedings as outlined in Chapter 3, Section 19 – Delinquency and Termination, Page 74.
6) Enforcement and Legal Action
The LNHA reserves the right to seek legal remedies, including reimbursement for repair costs and any other damages incurred, through appropriate legal channels. Termination and eviction procedures will be conducted in accordance with the rules and regulations governing LNHA properties and applicable laws.
I. Public Disturbance
The Head of Household (HOH)/Participant, a household member, any guest, or any person under the control of the HOH shall not engage in any activity that may be considered a disturbance under the Lummi Nation Code of Laws, Title 5, Code of Offenses, Chapter 5.04, Offenses Involving Conduct. The LNHA will investigate any reports involving a complaint under this Section and may proceed with termination in accordance with these policies.
1) Prohibited Conduct
Any action that constitutes a public disturbance, including but not limited to loud noises, disruptive behavior, verbal or physical altercations, or any activity that infringes upon the peace, safety, and quiet enjoyment of other residents or the community, is strictly prohibited.
2) Investigation Process
Upon receipt of a report or complaint of a public disturbance, the LNHA will conduct a thorough investigation to ascertain the validity of the claims. This investigation may involve interviews with witnesses, review of any available evidence, and collaboration with law enforcement or other relevant authorities as necessary.
3) Notification and Documentation
If the investigation confirms that a public disturbance has occurred, the LNHA will document the incident in detail and notify the HOH/Participant in writing. The notification will include a summary of the findings, any evidence supporting the complaint, and a statement of any actions that will be taken as a result.
4) Opportunity to Cure
Depending on the severity of the disturbance, the LNHA may offer the HOH/Participant an opportunity to rectify the situation. This may involve ceasing the disruptive behavior, removing the offending individual from the premises, or other corrective measures as deemed appropriate. The terms and timeframe for resolving the issue will be clearly outlined in the notification.
5) Termination Procedures
In instances where the disturbance is severe, recurrent, or where the HOH/Participant fails to comply with corrective measures, the LNHA reserves the right to initiate termination proceedings. Termination procedures will be conducted in accordance with the rules and regulations governing LNHA properties and applicable laws.
6) Legal Consequences
Public disturbances that violate the Lummi Nation Code of Laws may also result in legal consequences beyond termination of tenancy. The LNHA may coordinate with local law enforcement to ensure that appropriate legal actions are taken against the offending parties.
J. Criminal Charges
The LNHA reserves the right to perform a random background check upon receipt of credible information suggesting that a criminal act, charges, or investigation may be pending against a Head of Household (HOH) or any household member. Such background checks will be conducted in accordance with the policies outlined in Chapter 2 LNHA Housing Program Admissions, Section 3(G)(1)(e)(i-xiii) of these policies, Page 23.
1) Termination for Criminal Activity
The LNHA may terminate participation in housing programs for participants and/or all household members if charged with any of the following offenses, including but not limited to:
- Violent or Sex-Related Crimes: Any criminal activity involving violence or of a sexual nature.
- Burglary or Robbery: Any degree of burglary or robbery.
- Theft Crimes:
Theft involving the use of a firearm,
Theft in the first or second degree,
Theft in the third degree if occurring more than two times (LNHA will consider the accumulation of third-degree theft charges both prior to and during participation in the program). - Drug Offenses: Any drug-related offense, including but not limited to:
Possession of a controlled substance,
Possession of drug paraphernalia,
Furnishing alcohol to a minor. - Domestic Violence and Child Abuse:
Two or more charges involving domestic violence,
Child abuse and neglect.
2) Investigation and Notification Process
Upon receipt of credible information regarding pending charges or criminal activity, the LNHA will promptly conduct an investigation which may include requesting a random background check on the implicated individual(s).
3) Procedural Follow-Up
Once a background check is completed and criminal charges are verified, the LNHA will document the findings and notify the HOH/Participant in writing. This notification will include details of the charges, evidence obtained, and the potential impact on their participation in the housing program.
4) Opportunity to Contest
The HOH/Participant will be given the opportunity to contest the findings or provide additional information in their defense. This may involve submitting legal documents, witness statements, or any other relevant evidence within a specified timeframe.
5) Termination Proceedings
Should the charges be substantiated and meet the criteria listed above, the LNHA will proceed with termination proceedings. Termination proceedings will be conducted in compliance with the rules and regulations governing LNHA properties, as well as applicable laws.
6) Additional Guidance
For further details on mandatory termination related to criminal activity, please refer to Section 8 – Mandatory Termination, Subsection (D) Criminal Activity of these policies, Page 54.
K. Addition of New Household Members
If an individual resides in a household more than three (3) consecutive days, or five (5) days in any 28-day period, an interim certification must be completed by the HOH.
- After initial occupation, individuals may only be added to the household with written approval from LNHA.
- Regardless of when an individual is formally added to the household composition, he or she shall comply with all requirements of applicants and shall be treated as an applicant until he or she is deemed eligible and suitable.
- At the discretion of 3he LNHA Executive Director, an individual added to the household composition who is deemed unsuitable based on a positive drug test or criminal charges may not be allowed on LNHA property. If this individual is cited more than two times for violating this provision, he or she will be trespassed, and the HOH may be found in violation of LNHA Policies and Procedures.
L. Failure to Timely Report Changes in Income or Household Composition
All changes in income and/or household composition must be reported on an interim certification within 14 days of occurrence. If LNHA determines that a participant has failed to timely update household composition, LNHA shall retroactively charge the participant for all increases in rent that would have been due under the new household composition.
M. Use of the Unit as a Business Location
Participants, household members, or guests are prohibited from using the unit for the operation of a small business without prior written approval from the LNHA. Approval and the continued operation of such a business shall be subject to the following conditions:
1) Non-Disruption of Residential Nature:
The business activity must not disrupt the basic residential nature of the neighborhood. This includes ensuring that the business does not generate excessive traffic, noise, or other disturbances that could negatively impact the community.
2) No Permanent Structural Changes:
The business must not require any permanent structural changes to the unit. This condition ensures that the integrity and intended use of the unit are maintained.
3) Income Generated from Business Proceeds:
Participants and/or household members authorized to operate a small business from their housing unit may be required to declare the income generated from such business activities as part of their annual household income. This declaration is necessary for the purposes of ongoing tenancy and recertification, based on each program’s certification requirements.
N. Modifications to the Unit
Participants shall not make any structural modifications or permanent alterations to the unit without obtaining prior written approval from the LNHA. Guidance for requests to modify homeowner units are contained at Chapter 3, Section 15, Structural Modification, Page 65.
Furthermore, any modifications to existing locks or the installation of additional locks must be performed exclusively by LNHA.
O. Violation of Right to Quiet Enjoyment and other Legally Prohibited Acts
Participants, household members, and guests who engage in unlawful or other activities which interfere with their neighbors’ right to quiet enjoyment of their premises may be terminated. These activities include, but are not limited to, repeated visits by law enforcement, lack of supervision of children, violation of curfew laws, loud parties, and loud animals.
P. Pets
1) Right to Disallow Pets:
The LNHA reserves the right to disallow pets in specific rental units. Additionally, LNHA reserves the right to deny pets based on the appropriateness, size, characteristics, or behavior of the pet.
2) Prohibited Animals:
The LNHA prohibits animals known to be of an aggressive breed or violent nature. Failure to remove such animals may result in the termination of the participant’s contractual agreement.
3) Pet Registration
All pets must be registered with LNHA Security. This ensures proper record-keeping and monitoring of pets within the premises.
4) Spaying and Neutering
All pets must be spayed or neutered to control the pet population and prevent unintended breeding
5) Nonrefundable Pet Fee
A nonrefundable pet fee will be charged for each pet. This fee is not applicable if the animal qualifies under the ADA regulations as disclosed in Subsection 9 (below) of this Section.
6) Limit on Pets
A limit of two dogs or two cats per household will be enforced. Participants are not permitted to use their housing unit or premises for the purposes of breeding animals.
7) Compliance with Lummi Code of Laws
All participants must comply with Chapter 32 of the Lummi Code of Laws, which requires the licensure of all pets with Lummi Law and Order and mandates that pets are leashed or under verbal control when beyond the owner’s property. Where any conflict arises between Chapter 32 and this Policy, this Policy shall prevail. The LNHA will obtain evidence from participants demonstrating compliance with the relevant Lummi Code of Laws.
8) Access for LNHA Employees
Pets must not impede an LNHA employee’s access to a participant’s home. This ensures that LNHA staff can perform necessary inspections, maintenance, and other duties without obstruction.
9) Americans with Disabilities Act (ADA) Disclosure
A “Service Animal” is defined under the ADA as a dog or, in some cases, a miniature horse that has been trained to perform specific tasks for an individual with a disability that are directly related to the person’s disability. Emotional support, therapy, comfort, or companion animals do not qualify as Service Animals under the ADA.
Q. Failure to Maintain Utilities
Participants are required to maintain continuous heat, electric, and water services to their units at all times. Should any of these utility services be terminated or “locked off,” the participant may face termination from their respective LNHA Program.
1) Responsibility for Damages Due to Utility Disconnection
In the event that utility services are disconnected due to the participant’s negligence or failure to pay, any resultant damages—such as a burst water line due to inadequate heating—will be the full responsibility of the participant. The costs associated with repairs and damages will be assessed and added to the participant’s account receivables. These charges will be payable immediately, unless a prior payment arrangement has been expressly approved by the Executive Director.
R. Automobiles
1) Vehicle Definition
For the purposes of this policy, “Vehicle” is defined in accordance with the Lummi Nation Code of Laws, Title 7, Motor Vehicle Impoundment Code, Section 7.01.010(c). This definition includes any car, truck, motorcycle, other wheeled machine, or boat that was designed to be, or at one time was, self-propelled or towed, or in the case of boats, propelled by mechanical, natural, or human force, and capable of being operated over land, a roadway, or water.
2) Vehicle Registration Requirement
Participants are required to register all vehicles with the LNHA Security Office. Each household is permitted a maximum of three (3) vehicle registrations unless special authorization is provided in writing by the Executive Director. The following procedure will be enacted if an unregistered vehicle is repeatedly observed on a tenant’s premises:
- First Offense: A written notice will be affixed to the unregistered vehicle, mandating the removal of the vehicle within three (3) days.
- Second Offense: A formal citation will be issued by the LNHA.
- Third Offense: The unregistered vehicle will be impounded at the tenant’s expense. All costs incurred by the LNHA for the removal of the vehicle, including but not limited to towing fees, will be billed to the participant.
3) Vehicle Condition Requirement
All vehicles located on the participant’s property must be legally licensed, with current registration, and in a safe, operable condition. Vehicles that do not meet these criteria will be subject to removal.
4) Parking Restrictions
- Parking on grass or yard areas is strictly forbidden.
- Parking in designated restricted areas will result in the issuance of a citation by LNHA Security.
- On-street parking is permitted only where there is yellow or green paint on the curb or street to denote allowable parking zones.
- Failure to move a cited vehicle within twelve (12) hours will result in the vehicle being towed, with all associated towing and impound fees charged to the participant’s account.
5) Removal of Abandoned Vehicles
- Automobiles that are without license plates, with expired tags, or that have been in a non-running condition for more than ten (10) days will be deemed abandoned.
- Upon identifying an abandoned vehicle, the LNHA will issue a written Notice to Remove to the participant, requiring removal within two (2) days of the notice date.
- If the vehicle is not removed within the specified timeframe, the LNHA will proceed with disposal of the vehicle in accordance with this Policy and Titles 7 and 14 of the Lummi Code of Laws, which are hereby incorporated by reference and made a part of this Policy.
- All costs incurred by the LNHA for the towing and impoundment of the vehicle will be charged to the participant’s account receivables.
- Non-payment of these charges constitutes grounds for termination or non-renewal of the participant’s lease agreement.
S. Insurance
The LNHA shall provide and maintain insurance coverage solely for the home/building structure. This coverage does not extend to any personal property owned by the Participant.
1) LNHA Insurance on the Structure of the Home
The LNHA shall provide and maintain insurance coverage solely for the home/building structure. This coverage does not extend to any personal property owned by the Participant.
2) Participant's Responsibility for Insuring Personal Property
The Participant bears full responsibility for obtaining renter’s or personal property insurance to cover all personal belongings inside the home. The LNHA shall not be liable for any losses that arise due to insufficient or non-existent insurance coverage on the part of the Participant. Additionally, the LNHA will not be responsible for the payment of any premiums associated with the Participant’s personal property insurance.
3) Requirement for Prompt Reporting of Damage by Participant
The Participant is obligated to promptly report all damages to the home to ensure timely claims can be made to the insurance carrier. Essential claims, particularly those related to fire, storms, and other catastrophic events, are subject to strict reporting deadlines to secure coverage. Failure to report such damages promptly may result in the denial of insurance claims.
T. Sex Offender Visitation
In an effort to protect the well-being of children and vulnerable adults residing in LNHA rental units, LNHA strictly prohibits participants and household members from permitting sex offenders or individuals convicted of sex crimes onto their rental unit premises. Compliance with this policy is mandatory to ensure the safety of the community.
If a sex offender or individual convicted of a sex crime is seen on the premises of the participant’s rental unit, the following actions will be taken:
1) First Incident:
A citation will be issued to the participant, documenting the violation.
2) Subsequent Incidents:
Upon the occurrence of a second or subsequent incident, additional citations will be issued. Two or more citations may result in the termination of the participant’s lease agreement.
LNHA reserves the right to take immediate and appropriate actions, up to and including termination of tenancy, to uphold the safety standards and regulations of the housing program.
U. Health and Safety Guidelines
1) House Guidelines
- All walls, floors, doors, appliances, sinks, toilets, and showers must be kept clean and free of dirt, grime, mold, stickers, and other marks.
- Rental tenants are prohibited from painting or drawing on walls or doors.
- Clear pathways of at least 3 feet wide must be maintained to all doors and windows to ensure safe and unobstructed access.
- Trash and recyclables must be properly disposed of in designated receptacles.
- All clothing should be properly stored in closets, dressers, hampers, or neatly piled near the laundry area.
2) Yard Guidelines
- Rental Tenants and Homeowners are responsible for the maintenance of their yard area. The LNHA does not provide yard care services.
- Yards must be kept in a clean and sanitary condition at all times. Trash and recycling should be properly disposed of in designated receptacles, and grass must be cut to prevent overgrowth.
- Participants wishing to install wading/swimming pools or trampolines on LNHA rental properties must file written waivers of liability, using forms specified by the LNHA, prior to installation.
- Travel trailers and recreational vehicles of any kind are strictly prohibited on LNHA rental properties due to liability concerns.
- Open fires, burn barrels, and fireworks are strictly prohibited on LNHA rental properties due to liability concerns.
- All fishing bait and animal carcasses must be properly stored and/or disposed of to maintain sanitary conditions.
- All fishing, crabbing, diving and clam digging gear must be properly stored and neatly organized with no damage to the unit or property. All boats must be stored on a working trailer and not in the yard to prevent damage to the grass, drainage and water lines. Boats and trailers cannot block access to the road or prevent any utility or emergency vehicles from freely getting by.
3) Failure to Maintain Yard
Participants are required to keep their yard in a clean and sanitary condition as outlined above. Failure to comply shall be managed as follows:
- First Offense: A warning notice will be issued, granting the participant one (1) week to bring the yard into compliance.
- Second Offense: A second warning notice will be issued, addressing non-compliance with the first notice, and providing the participant with 48 hours to bring the yard into compliance.
- Third (Final) Offense: A final warning notice will be issued to notify the participant that termination or non-renewal of their lease agreement may be pending due to failure to address the first and second warnings. A final 48-hour period will be provided to bring the yard into compliance.
6. SPECIAL PROVISIONS FOR NON-INDIANS PARTICIPATING IN THE RENTAL PROGRAM BY VIRTUE OF THEIR CUSTODY OVER A MINOR CHILD WHO IS AN ENROLLED MEMBER OF THE LUMMI NATION.
Non-Indian participants who are residing in a rental unit due to their custody of a minor child who is an enrolled member of the Lummi Nation must maintain permanent physical custody of the enrolled child to continue participation in the Rental Program. Specific provisions are as follows:
A. Custody Changes
If at any time the non-Indian custodian loses permanent physical custody of the enrolled child, their eligibility for the Rental Program shall be terminated immediately. The participant will be granted a sixty (60) day period to vacate the unit. It is the responsibility of the participant to inform LNHA promptly of any changes in custody arrangements.
B. Orders of Protection and Relocation
In situations where relocation becomes necessary due to Orders of Protection, resulting in changes to household size, LNHA reserves the right to enforce a transfer of the participant to a different rental unit or to adjust the terms of residency. This measure ensures that housing allotments remain in alignment with program policies and household needs.
These provisions are enacted to uphold the integrity of the rental program and ensure that resources are allocated fairly and appropriately to enrolled members of the Lummi Nation.
1) Documentation Requirements:
Participants must provide necessary legal documentation that verifies changes in custody or protection orders to LNHA within a specified timeframe. Failure to provide timely and accurate documentation may result in immediate termination of rental rights and initiation of the vacate process.
2) Support Services:
LNHA may offer support services to assist participants during transitions related to custody changes or relocations. Participants are encouraged to contact LNHA for guidance and support through these processes.
7. OCCUPANCY ON BEHALF OF AT RISK PERSONS, VULNERABLE ADULTS, PERSONS IN NEED OF CARE.
The LNHA incorporates by reference the provisions of Title 5B of the Lummi Nation Code of Laws, Elderly and Vulnerable Adult Protection Code (hereinafter the “Code”) for the purpose of providing housing assistance to qualified individuals pursuant to the Code.
A. Qualified Individuals
1) Definition and Eligibility:
Persons defined by the Code as a “Vulnerable Adult” qualify for housing assistance based on their status as an enrolled member of the Lummi Nation, who is over the age of 18, and is unable to protect themselves from abuse or neglect due to a mental or physical disability, illness, or deficiency.
2) Caregiver Support:
Eligible vulnerable adults must be assisted by a qualified “Caregiver” as outlined in the Code.
B. Caregiver Responsibilities
These provisions ensure the protection and care of Vulnerable Adults within the community while maintaining the fair allocation and proper use of LNHA housing resources.
1) Qualifications:
Caregivers, as defined by Title 5B, Section 5B.01.020(a)(4-10) of the Code, include persons qualified as Caregivers, Guardians, or Protective Services providers
2) Duties and Responsibilities:
The Caregiver must provide regular and full-time care to a person identified as a Vulnerable Adult in accordance with the Code. This entails:
- Contractual Agreements: The Caregiver is responsible for entering into and maintaining all contractual lease agreements with the LNHA on behalf of the Vulnerable Adult. This includes signing the initial lease, authorizing lease renewals, and ensuring compliance with all terms of the lease agreement.
- Annual Recertification: The Caregiver must manage the annual recertification process, ensuring that all required documentation and information are submitted to the LNHA in a timely manner to maintain eligibility for the housing unit.
- Ongoing Responsibilities: The Caregiver is liable for all responsibilities usually associated with a tenant, which includes ensuring the upkeep of the housing unit, adherence to community rules, and prompt reporting of any changes in the status of the Vulnerable Adult’s condition or care needs.
3) Termination of Services:
The Caregiver does not possess an individual right to occupy the LNHA housing unit. If the provision of care to the Vulnerable Adult ceases, the Caregiver’s right to occupy the unit terminates. The LNHA will then reassess the housing unit’s occupancy in accordance with the applicable laws and policies.
4) Notification Requirements:
The Caregiver must notify the LNHA immediately if they are no longer able to provide care to the Vulnerable Adult. This notification must include the effective date of termination of services and any relevant reasons for this change.
8. MANDATORY TERMINATION
Violation of any of the following requirements shall result in termination of all household members.
A. Principal Residence Requirement
The head of household must occupy his or her unit as his or her principal place of residence, defined as occupancy for at least 273 days of a 365-day period
B. Abandonment
LNHA units shall not be unoccupied for more than thirty (30) consecutive days without prior written approval from LNHA. A unit, which has been unoccupied for more than thirty (30) consecutive days without prior written approval, shall be deemed abandoned and all participants shall have their tenancy immediately terminated.
C. Methamphetamine
If the LNHA has reasonable suspicion of Methamphetamine storage, use, or manufacture in any unit, this shall be considered a violation, resulting in the immediate termination of tenancy for all household residents, regardless of their knowledge of such activities. Termination proceedings are outlined in Chapter 3, Section 8 Mandatory Termination, Subsection (C), Page 54. Any grievances related to this termination may be directed solely to the Executive Director, whose decision shall be final.
D. Criminal Activity
1) Authority
This section outlines the policy for the eviction of an LNHA Head of Household (HOH)/Participant, a household member, a guest of the household, or any person under the control of the HOH who engages in criminal activity. Criminal activity, including drug-related criminal activity, is grounds for eviction if it:
- Violates any Federal, State, or Tribal law, whether the activity occurs on or off the HOH’s premises and/or property; or
- Threatens the health, safety, or right to peaceful enjoyment of the premises by other residents of the household or individuals residing within the immediate vicinity of the premises.
2) Standard of Proof
The standard of proof for eviction due to criminal activity is the preponderance of the evidence. LNHA may utilize the following to determine the validity of a claim that an HOH, a member of the HOH’s household, a guest, or any person under the control of the HOH has engaged in criminal activity:
- Any certified record of the criminal conviction by a court of competent jurisdiction.
- The sworn testimony of a law enforcement officer or judicial officer.
In accordance with 25 U.S.C. § 4138 (a)(b)(c), the LNHA is authorized to receive information from the National Crime Information Center, police departments, and other law enforcement agencies regarding the criminal conviction records of an HOH or a member of the HOH’s household for eviction purposes. This information may only be disclosed to officers, employees, or authorized representatives of the LNHA who have a job-related need to access this information and must be used solely for investigating and processing an eviction action under this policy. - All such records received must not be kept in the regular file of the Homebuyer. Instead, they must be kept confidential and accessible only to authorized LNHA employees and representatives.
3) Definition of Criminal Activities
Criminal activities are defined according to law in Chapter 14, Section 2(F) of these policies, Page 159.
9. MAINTENANCE
A. Rental Program
Participants in the Rental Program are responsible for basic upkeep of the home. LNHA will provide detailed cleaning and maintenance standards in a written document, which will be given to all participants at the time of occupancy along with this policy manual. General maintenance responsibilities, such as structural repairs and upkeep of major appliances, fall under LNHA’s jurisdiction. Repairs for which LNHA is responsible must be requested and will be performed in accordance with the Maintenance Chapter of these Policies and Procedures (see Chapter 11, Maintenance, Page 146).
B. Homeownership Program
1) Homebuyer Responsibilities
- The Homebuyer is responsible for performing all routine and non-routine maintenance and repairs to maintain the home in a fit and habitable condition. This includes ensuring the good condition and safe working order of all electrical, plumbing, sanitary, heating, ventilating, cooling systems, and appliances.
- LNHA shall not be responsible for making any repairs or maintenance to a Homebuyer’s home, except during the initial warranty period after new build move-in.
2) Failure to Perform Maintenance
The Homebuyer’s failure to perform the required maintenance constitutes a breach of the Contractual Agreement and is grounds for its termination.
3) LNHA Performance of Maintenance
- The LNHA reserves the right to assess the condition of the home. If it is determined that the condition creates a hazard to the life, health, or safety of the occupants, or there is a risk of additional damage that must be corrected, the LNHA may intervene.
- Credits in the Homebuyer’s accounts receivable may be utilized to pay for necessary repairs.
- Any maintenance work performed by the LNHA will be documented through a work order, outlining all charges and the statement of work performed. These charges will be added to the Homebuyer’s accounts receivable, with copies of the work order and associated charges provided to the Homebuyer.
4) Failure to Reimburse LNHA
Any maintenance mandated due to the Homebuyer’s failure to perform their responsibilities will first be charged against any available credits in the Homebuyer’s accounts receivable. Any outstanding balances not covered by these credits will be directly charged to the Homebuyer’s accounts receivable. A repayment agreement may also be required. Failure to repay the LNHA for work performed under this section is grounds for termination of the Contractual Agreement.
10. RENTAL PROGRAM SECURITY DEPOSIT
All participants in the LNHA Rental Program are required to pay a security deposit in an amount determined by the LNHA based on the specifics of the program, which may be amended from time to time. This deposit must be paid prior to occupancy. Within fourteen (14) days of a participant’s relinquishment of a unit, LNHA will conduct a move-out inspection to determine if there is any damage to the unit for which the participant is responsible.
A. Retention of Security Deposit
If there is damage to the unit for which the participant is responsible, LNHA shall retain an amount of the participant’s security deposit necessary to defray the estimated cost of repairs. LNHA shall also retain funds from the security deposit necessary to cover other debts owed by the participant to LNHA. If monies are withheld from the participant’s security deposit, LNHA shall make reasonable attempts to notify the participant of the reason(s) the monies were withheld.
B. Return of Unused Security Deposit
Any security deposit not retained to cover the estimated costs of repairs or other debts to LNHA shall be returned to the participant within thirty (30) days of the final move-out inspection.
C. Actual Costs Less than Original Estimate
If the actual costs of repairs are less than the original estimate, LNHA shall return the unused portion of the retained security deposit to the participant within ten days of completion of the repairs.
D. Actual Costs Exceeding the Original Estimate
If the actual costs of repairs exceed the original estimate, the participant shall be required to reimburse LNHA for the actual costs exceeding the withheld money.
11. CERTIFICATION
A. Annual Certification
Participants in the Rental, and Rental Assistance Programs shall be required to certify their application information at least once every twelve (12) months. This certification process shall include verification of income, as well as other information necessary for maintenance of the file. This annual certification is in addition to other updates required by these policies.
1) Notice of Required Certification
At both sixty (60) and thirty (30) days prior to the date by which a participant/HOH’s annual certification must be completed, LNHA shall send the participant/HOH a Notice informing him or her of the required date for certification and the consequences of the failure to certify.
2) Consequences of Failure to Timely Certify or Submission of Inaccurate Information
- Failure of a participant/HOH to complete the certification within 30 days of the required date may result in termination from the participant/HOH’s applicable LNHA Program.
- Errors in Rental payment calculation caused by a participant/HOH’s submission of inaccurate information or failure to timely certify shall result in retroactive charges to the participant’s account.
B. Interim Recertification
Participants or Heads of Household (HOHs) must complete an Interim Recertification within fourteen (14) days of any change in income or household composition. Failure to complete this recertification in a timely manner may result in termination of tenancy. Additionally, the LNHA may require recertification if there is reasonable cause to believe that there has been a change in household composition or income. Failure by the tenant to promptly recertify after such changes may result in an immediate increase in rent to the maximum allowable ceiling rent for their assigned housing unit. Any amount assessed during the period when the maximum ceiling rent is charged will not be eligible for a credit, even if subsequent recertification results in a lower rent charge.
1) Adjustments to Participant’s Payments
After recertification, any indicated adjustments in rental payments will be made as follows:
- Post-Recertification Adjustments
- Increases in Rent
Increases in rent will be made beginning the second full month following the recertification. - Decreases in Rent
Decreases in rent will be made beginning the first full month following the recertification.
- Increases in Rent
- Adjustments Due to Errors
- Errors Caused by LNHA
If the LNHA discovers errors in the calculation of a participant’s monthly payment that result in overcharging, the LNHA shall credit the participant’s account retroactively to the date of the erroneous calculation. - Errors Caused by Participants
Errors resulting from a participant’s submission of inaccurate information may lead to retroactive charges to the participant’s account if the LNHA determines that the inaccurate information was provided with intent to deceive. - Increase based upon failure to recertify or promptly report change in household or income.
Failure to promptly report changes in income or household composition shall not be classified as an error under this section. Consequently, the participant shall not have the right to request any adjustments or credits to their account.
- Errors Caused by LNHA
2) Zero Income
If a household recertifies with a claimed income of zero for the entire household, the participants will be required to undergo an additional recertification within thirty (30) days. The duration of a zero-income status may not exceed ninety (90) days. Participants in the home purchase program are subject to an administration fee, which remains payable during the zero-income period.
12. BASIC UTILITY CHARGE
A. Minimum Rent Charge (Administration Fee)
If a household’s income results in a monthly rent payment of less than $145.00, LNHA will impose a minimum charge of up to $145.00 per month. This charge is to cover the costs of essential services, including but not limited to water, sewer, garbage, and insurance.
13. UTILITY ALLOWANCES
A. Rental Program
Participants/HOHs 55 years of age and older shall receive a monthly utility allowance, the amount of which will be based on the size of the unit occupied and published annually by LNHA.
1) Utility Payments
LNHA covers waste disposal and basic water/sewer charges for all homes in the Rental Program.
2) Water/Sewer
Any water and sewer charges exceeding the basic rate set by Lummi Water and Sewer, which may be amended periodically, shall be the full responsibility of the participant. However, these additional charges shall not be the responsibility of the tenant if they result from an uncompleted maintenance request.
3) Propane
LNHA provides propane to all rental units through a local propane provider on an auto-fill program. Each tenant is charged a monthly amount based on actual usage. Tenants are responsible for the timely payment of utility services provided by the LNHA and charged to their accounts receivables. Non-payment of utility services charged to a tenant’s accounts receivables constitutes grounds for termination of the contractual agreement.
14. HOME INSPECTIONS
The following sections address different types of inspections to be conducted by LNHA. These inspections may include the use of drug-detecting animals. Interference with the performance of an inspection by LNHA, or the refusal of a participant to allow the LNHA to perform any inspection, may result in termination of tenancy.
A. Initial Inspections
1) Participants
Prior to the participant assuming occupancy, a move-in inspection shall be conducted with an LNHA Program inspector and the participant. The participant shall be permitted to have a representative of their choice present at the initial inspection.
2) Documentation of Conditions
At the conclusion of the initial inspection, the participant shall sign an initial inspection report detailing any deficiencies in the unit. LNHA shall correct the deficiencies within a reasonable amount of time.
B. Regular Inspections
1) Frequency of Inspections
- Rental Program
Units within the Rental Program shall be inspected at least once every six months. If a participant in the Rental Program passes two consecutive inspections without any deficiencies, his or her unit will then only be subject to inspection once every 12 months. If a participant in the Rental Program passes three consecutive annual inspections without any deficiencies, his or her unit will then only be subject to inspection once every two years. New rental tenants shall be required to have monthly inspections for the first six (6) months of their lease agreement. LNHA in its sole discretion may extend the requirement for monthly inspections to the first full year of the lease agreement.
2) Notice & Entry
LNHA shall provide participants/HOHs with written notice of intent to inspect at least seven days prior to an inspection. The notice shall state that the inspection is required for continued occupancy. Designated LNHA employees may enter the tenant’s premises without the tenant presence. Inspections may be delayed if an adult household member is not present. Children are not authorized to consent to an LNHA inspection.
3) Failure to Appear at Inspections
If an adult household member fails to appear for a scheduled inspection, LNHA will issue the tenant a warning letter and reschedule. An adult household member who fails to appear for two or more scheduled inspections may be terminated.
4) Inspection Procedure
LNHA shall conduct a thorough inspection of the interior, exterior, and adjacent grounds of the unit. After the inspection, the inspector shall complete and sign a report detailing all findings. Upon completion, a copy of the signed inspection shall be given to the present adult household member.
5) Deficiencies
If an inspection reveals deficiencies in the condition of the unit for which the tenant is responsible, the participant/HOH shall be given seven (7) days from the date of the inspection report to correct the deficiencies.
- Additional Time for Repairs
If LNHA determines that the deficiencies cannot reasonably be corrected within seven (7) days, LNHA may grant an additional reasonable period in which to complete the inspection and require only that the repairs be begun within seven (7) days. - Correcting Deficiencies:
- Cleaning Deficiencies
- Correction of Deficiencies: The participant is responsible for addressing any deficiencies in the cleanliness of the unit.
- Reporting and Follow-Up: LNHA Inspectors will provide a copy of the inspection report to an LNHA Advocate. The Advocate will conduct follow-up visits with the participant to ensure compliance.
- New Agreement: A new contract agreement will be executed between the participant and LNHA. This agreement will outline the requirements for maintaining cleanliness in the home.
- Consequences of Non-Compliance: Failure to adhere to the terms of the agreement may result in termination of tenancy.
- Structural Deficiencies
- Responsibility and Execution: Any deficiencies requiring structural work that fall under the responsibility of the participant or Head of Household (HOH) will be addressed by LNHA.
- Cost Allocation: The participant will be charged for the structural repairs as per the maintenance section of these policies and procedures.
- Cleaning Deficiencies
6) Failure to Correct Deficiencies by the Follow-Up Inspection
If the follow-up inspection shows that the participant/HOH has failed to correct the deficiencies, LNHA shall give the participant an additional seven days in which to complete the corrections. During this period, LNHA may also require some or all household members to attend compliance counseling. After these additional seven days, LNHA shall conduct a second follow-up inspection.
7) Failure to Correct Deficiencies by the Second Follow-Up Inspection
If the second follow-up inspection shows that the participant/HOH has failed to correct the deficiencies, LNHA shall terminate the participant from his or her applicable LNHA program.
C. Interim Inspections
LNHA may require interim inspections in addition to those detailed above. Interim inspections shall be conducted in accordance with the procedures set out above for regular inspections. LNHA may also require interim inspections as a condition of initial occupancy if the participant’s/HOH’s tenant history shows a poor record of maintenance.
D. Unscheduled Compliance and Emergency Inspections and Repairs
LNHA may conduct otherwise unscheduled inspections to ensure compliance with LNHA policies and procedures. These “compliance” inspections shall take place with a minimum of 24-hour notice. Tenants need not be present for LNHA to conduct these inspections. However, should a household member be home and refuse to allow the inspection, his or her tenancy may be terminated.
1) Emergency Inspections
If LNHA reasonably suspects that the condition of a unit poses a threat to the health and/or safety of the household members or the surrounding community, LNHA may conduct an emergency inspection of the premises without prior notice to the household, and without the household members’ presence. If the Emergency Inspection shows that the participant/HOH has created a serious threat to the health and/or safety of the household or the surrounding community due to neglect, LNHA may terminate the participants from his or her applicable LNHA program. A follow-up inspection shall be conducted pursuant to Chapter 3 – Section 14, Home Inspections, Page 61.
2) Emergency Repairs
If during an inspection LNHA discovers deficiencies which threaten the health and/or safety of the household or the surrounding community, the tenant shall be allowed 72 hours in which to effect repairs. If the tenant fails to do so, LNHA may immediately perform any work necessary to correct the deficiencies. If the deficiencies are the result of household member behavior, LNHA shall charge the participant’s/HOH’s account for the work performed.
E. Move-Out Inspection
Within 14 days of a participant’s/HOH’s relinquishment of a unit, LNHA shall conduct a move-out inspection to determine if there is any damage to the unit for which the participant is responsible. LNHA shall conduct a thorough inspection of interior, exterior, and adjacent grounds of the unit. After the inspection, the inspector shall provide the former resident an inspection report detailing his or her findings.
15. STRUCTURAL MODIFICATION
A. Applicability
This section applies to both LNHA rental and homeownership dwelling units.
B. Rental Properties
No structural modifications or additions shall be made to any LNHA rental unit. Any unauthorized modifications or additions are grounds for termination of the contractual agreement.
C. Homeownership Properties
1) Prior approval.
No homebuyer shall make any structural modification or additions to the housing unit without the express written consent of the LNHA.
2) Consent.
The Homebuyer must submit a written request to the LNHA detailing the proposed structural modifications. The request should include comprehensive information about the modifications. The Homebuyer must be current on all monthly payments and have no pending adverse actions or non-compliance issues with the LNHA.
3) Right of Refusal.
All authorizations for structural modifications are at the sole discretion of the LNHA.
4) Standards for Construction & Building Compliance.
- Approvable Alterations & Additions
The following modifications may be considered for approval: additions of living space or storage space, enclosing a carport/garage, installing solar energy systems, permanent fencing, and renovations or modernizations (full or partial). The requesting Homebuyer must submit all blueprints, designs, and specifications to the LNHA for approval. - Resident Expense
All costs and expenses associated with structural modifications are the sole responsibility of the Homebuyer. If an LNHA program exists to assist with modification expenses, its policies and guidelines will be incorporated into this policy for additional guidance. - No Liens Permitted
The LNHA will not permit any lien to be placed on the home by any contractor, supplier, lender, or other parties in connection with the structural modification. The home shall remain unencumbered until conveyed to the Homebuyer. - Construction/Building Code Requirements
All construction must comply with the 2006 IRC 1 & 2 Family Dwellings Code. The Homebuyer is responsible for maintaining open communication with the LNHA to ensure all construction phases are inspected and approved by the LNHA. The Homebuyer bears any costs associated with inspections, including inspection fees, report copies, and mileage. - Attachment of Authorized Structural Modifications
Approved structural modifications become part of the housing unit upon construction or installation and are subject to inspection by the LNHA during regular annual inspections or additional inspections as required. - Termination of Contractual Agreement
If a Homebuyer’s Contractual Agreement is terminated by the LNHA, the Homebuyer is not entitled to reimbursement for incurred modification expenses. The improvements and modifications become the property of the LNHA upon construction, and any removal after termination will allow the LNHA to recover costs for replacement or repairs, including legal costs. - Unauthorized Structural Modifications
Unauthorized structural modifications will be inspected for compliance with the 2006 IRC Code. Non-compliant modifications must be removed by the Homebuyer within a timeframe specified by the LNHA, with all removal costs borne by the Homebuyer. Failure to comply may result in termination of the Contractual Agreement.
16. TRANSFER
A. All Rental Units Located on Land Held in Trust by the U.S. Government for the Benefit of the Lummi Nation
1) Mandatory Transfer
LNHA may require participants in the Rental Program to transfer units when the size of the unit which they occupy is not compatible with the number of household occupants or the household income level changes.
2) Voluntary Transfer
Participants in the Rental Programs may request a transfer to a smaller or larger unit based on changes in size of household. Requests for transfer must be submitted to LNHA in writing and shall detail the increase or decrease in household size. These requests will be categorized by the number of bedrooms appropriate for the increased or decreased household size and placed on corresponding waiting lists prioritized by the date the transfer request was received.
- Requirements for Voluntary Transfer
For the twelve months preceding the transfer approval, participants must show the following: (1) their accounts with LNHA are current; (2) they have passed all inspections with no need for major repairs; (3) they have had no major complaints from neighbors and no police responses to their units; and (4) they have occupied their unit for the last twelve months. - Priority
When rental unit becomes available, LNHA will use their best judgement to select between the regular waiting list and the transfer waiting list. When considering the transfer waiting lists, priority will be given to those applicants whose family have grown or shrunk and have been determined to be overcrowded or undercrowded in their current unit.
17. SUCCESSORSHIP – Homeownership
A. Purpose
This section defines the rights of participants residing in a unit where a Participant dies while an active contractual agreement is in place.
B. Terms used
The term “life estate” is defined in Chapter 14, Section 2(S) below at Page 167.
C. Process
1) Reporting of death.
Upon the death of the Head of Household/Participant, who is the primary signatory of a contractual agreement with the LNHA, the death must be promptly reported to the LNHA. A death certificate must be presented to the LNHA.
2) Verification of parties.
The LNHA will:
- Ensure that the deceased’s name matches all contractual documents within the housing unit files.
- Suspend the payment account until the transfer is complete, not to exceed sixty (60) days.
- Verify if the contractual agreement lists a successor.
- Check for a will or other instrument that designates a successor.
- Verify the marriage status by obtaining a copy of the marriage license or other verifiable documents if the Head of Household is married.
3) Transfer
- For married persons.
Upon verifying that the surviving spouse of the deceased Head of Household is the remaining occupant, the contractual obligations remain in effect. An interim recertification will be conducted within thirty (30) days to redetermine payments based on the household’s income. The deceased Head of Household will be removed from the household composition. If the surviving spouse is a non-Native and/or non-Tribal Member, a life estate will be established, granting a right to occupy as defined below. The surviving spouse has the first right of refusal before recognizing an alternate named successor. - Named successors.
If a named successor is identified and a surviving spouse remains, the surviving spouse has the first right of refusal to occupy the housing unit. If no spouse remains or the spouse refuses occupancy, the named successor will proceed with the approval process as defined in Chapter 2 – LNHA Housing Program Admissions, Section 2, Eligibility Requirements, Page 10. - Minor persons or Incapacitated persons.
If the deceased Head of Household names a minor or a person in need of care as successor without a surviving spouse, the minor or person in need of care may not succeed the contractual agreement. If an adult is in the process of obtaining legal guardianship, the LNHA must be promptly notified, and the guardian may obtain temporary occupancy rights for the minor upon the tribal court’s determination and order of guardianship. The legal guardian must meet the admission eligibility requirements defined in Chapter 2, Section 2, Page 10. Caregivers must also comply with Section 6 of this policy chapter. - Probates and Court Intervention.
If a probate action or will is filed with the Lummi Nation Tribal Court, it will be invalid if the housing unit is an active rental property or a non-conveyed homeownership property. The LNHA will file an action to dismiss the residence from the probate matter. - Conveyed homeownership properties.
For conveyed LNHA homes, legal documents naming a successor will not have any bearing once the title is conveyed to the former LNHA participant. Surviving family members must file a probate action with the Lummi Nation Tribal Court to transfer the title. The LNHA has no legal right to transfer the title once a home is conveyed.
4) Life Estate
- Term.
For transfers establishing a life estate for non-Native or non-Tribal Members, the life estate and occupancy rights are effective until:- The death of the surviving spouse holding the life estate interest.
- The conveyance of the home.
- The life estate holder remarries.
- Sublease.
A life estate holder may not sublease the housing unit or its rooms. - Conveyance.
An LNHA home cannot be conveyed to a non-Tribal Member or non-Native individual. Six (6) months prior to the intended conveyance, the life estate holder must provide the LNHA with the name of a tribal member who will assume the title of the housing unit. A Lummi Nation member of the immediate family is required to be named. - Conversion to Rental Property
Should the life estate holder of an LNHA home fail to provide the name of a tribal member successor six (6) months prior to the anticipated conveyance, as mandated in Section 4(c) above, the following procedures shall apply:- Notification Requirement
The LNHA will issue a formal notice to the life estate holder informing them of the conversion of the property - Failure to Name Successor
If the life estate holder does not name a tribal-member successor within the timeframe provided the life estate shall be terminated on the date of conveyance eligibility, and the option to continue occupancy shall be provided to the life estate holder provided the home is converted to a rental unit. - Conversion Process
Upon termination of the life estate, the LNHA shall:- Conduct an inspection of the property to assess its current condition and status; and
- Reclassify the property as a rental unit within the LNHA housing inventory, reporting the conversion to its HUD ONAP office; and
- Recertify the life estate holder as a renter; and
- Reallocate the rental unit as available to other Lummi Nation members should tenancy of the life estate holder cease.
- Transitional Assistance
The LNHA may provide transitional assistance services to the life estate holder should they require time to relocate from the LNHA home.
- Notification Requirement
18. PAYMENTS AND COLLECTION
A. Amount
1) Monthly Payments
The monthly payments of participants in the Rental Programs shall be as follows. The monthly payments of participants in the Rental Programs shall not exceed the percentage threshold established for their program based upon the adjusted income of the family. Income thresholds may be recalculated by HUD and amended from time to time. Such changes are incorporated into these policies by reference. (For income calculation criteria, see Appendix A, Page 165).
- Rental Program
Regular Rental Program monthly payments shall be 30% of the monthly household income.
2) Ceiling Payments
- Rental Program
The ceiling payment (the maximum payment allowed for a unit) shall be charged when 30% of a Rental Program household’s monthly income exceeds the ceiling payment that corresponds with their unit size, or the participant/HOH has failed to timely certify. The ceiling payment of rental units shall be established in a schedule published by LNHA, which may be amended from time to time and is incorporated into these policies by reference.
B. Payments
1) Place of Payment
Payments shall be made at 2579 Kwina Road; Bellingham, WA 98226. Checks should be made payable to the Lummi Nation Housing Authority.
2) Due Date
The household’s monthly obligation must be received by the close of business on the first day of each month.
3) Form of Payment
Payment may be made by cash, check, debit cards, or money order. No third-party checks will be accepted.
4) NSF Checks
If a participant’s check is returned for insufficient funds, LNHA will add a charge of $25 to the participant’s account.
5) Debit Card Chargeback
If a participant’s debit card transaction is subject to a chargeback due to a payment dispute filed with their banking institution, the LNHA will take the necessary steps to recover the charged-back amounts and any associated fees incurred by the LNHA. The participant will be held responsible for reimbursing the LNHA for these amounts and fees.
6) Payroll Deduction
Participants who are employed by the Lummi Nation shall have all regular payments owed to LNHA automatically deducted from their paychecks. See LIBC Resolution #94-175. Participants who utilize payroll deduction shall be solely responsible for ensuring that LNHA receives timely payment.
C. Payback Agreements
If a participant’s account becomes delinquent, LNHA may allow the participant to avoid termination through the execution of a Payback Agreement. LNHA may refuse to enter Payback Agreements with participants who have broken previous Payback Agreements.
1) Terms of the Payback Agreement
The term of a Payback Agreement may not exceed 12 months. Execution of a Payback Agreement may require a down payment of up to 25% of the total amount owed to LNHA. Determination of the down payment amount shall be at the sole discretion of LNHA.
2) Payback Agreements for LIBC Employees
Employees of LIBC entities who enter Payback Agreements shall be required to have their monthly obligation, (rent/homebuyer payment) plus any amount due under the Payback Agreement, automatically deducted from their paycheck.
3) Breach and Automatic Termination
Failure to make full and timely payments in conformance with the executed Payback Agreement shall result in automatic termination without further notice or warning of the participant from his or her applicable LNHA Program. Automatic termination may not be imposed if a participant provides LNHA with documentation of good cause as to why the payments were not fully and timely paid. Determination of good cause shall be at the sole discretion of the LNHA Executive Director.
19. DELINQUENCY AND TERMINATION
The LNHA may terminate participants from their applicable LNHA Program for violations of these Policies and Procedures or for breaches of any Agreement executed pursuant to these Policies and Procedures.
A. Notice of Delinquency
If a participant’s account becomes more than thirty (30) days past due, the LNHA shall issue a Notice of Delinquency to the participant via first-class mail.
B. Termination
1) Account Delinquency
The LNHA shall terminate a participant from the applicable LNHA Program if the participant’s account is more than two (2) months past due and no Payback Agreement has been executed. Termination shall be rescinded if the participant’s account is paid in full by the date of trial.
2) Termination for Non-Compliance
The process for terminating a contractual agreement for non-compliance shall proceed as defined in this section.
C. Notice of Termination
When terminating a lease, the LNHA shall issue a Notice of Termination.
1) Service
Service of the Notice of Termination shall be conducted in accordance with the Lummi Code of Laws, which includes:
- Personally delivering a copy to the tenant, occupier, or any adult family member residing on the premises; or
- Posting the notice conspicuously near the entrance to the premises and sending an additional copy to the tenant or occupier by certified mail, return receipt requested, properly addressed and postage prepaid.
D. Contents of the Notice of Termination
- For account delinquency, the Notice of Termination shall state the full amount owed and indicate that the account is more than two (2) months past due.
- For account delinquency, the Notice shall also state that the participant’s termination does not release them from the debt owed to the LNHA.
- If terminated for account delinquency the Notice shall state that the account must be brought current by the date of the first eviction hearing. For instance, if a Notice is issued on February 25th, the account must be current by the close of business on March 31st. The Notice shall further state that if the account is not brought current by this date, the participant must vacate the unit.
- If the participant is being terminated for a reason other than delinquency, the Notice of Termination shall state that the participant and all household members must vacate the unit by the close of business on the fourteenth (14th) day following the Notice.
- Regardless of the reason for termination, the Notice of Termination shall state that failure to comply with its directives will result in the LNHA filing an eviction action in the Lummi Tribal Court, which requires not less than ten (10) days notice to the defendant per Section 38.02.010 of the Lummi Nation Code of Laws.
- The Notice of Termination shall also notify the participant that the Court may issue an order directing the participant to quit the premises and vacate immediately.
- Additionally, the Court may issue a Writ of Eviction or Restitution, effective immediately, authorizing the Lummi Nation Police Department, Bureau of Indian Affairs police, or other law enforcement officer to evict the tenant and restore the premises to the landlord.
E. Compliance with Lummi Nation Code of Laws
1) Jurisdiction and Scope:
This policy applies within the exterior boundaries of the Lummi Reservation and all trust lands held for the Lummi Nation by the United States, consistent with Chapter 38.01.
2) Commencing Action:
Any action for rent due or other breach must be brought in accordance with the Lummi Nation Code of Laws (Chapter 38.01.020).
3) Notification of Suit:
Notice to the defendant regarding eviction actions must be given in writing and with at least ten (10) days notice, as required by Chapter 38.02.
4) Date of Trial:
Trials should be held within twenty (20) days from the date of filing unless agreed otherwise by all parties (Chapter 38.02.020).
5) Defenses:
An inability to pay is not a defense unless otherwise stated in the lease or agreement (Chapter 38.03).
6) Applicable Law:
The Court will apply this policy, the Lummi Nation Code of Laws, and any applicable agreements or rules (Chapter 38.04).
7) Nature of Judgment:
The Court may allow judgment for past rent, damages, and costs of suit, including reasonable attorney’s fees, and may issue orders for immediate vacation of the premises and may issue a Writ of Eviction or Restitution, as per Chapter 38.05:
- Past Rent: The Court may allow judgment for all past rent or payments due.
- Damages: The Court may allow judgment for the value of any damage done to the premises.
- Costs of Suit: The Court may allow judgment for all costs of suit, including reasonable attorney’s fees, but not more than $150.00. Attorney’s fees may be awarded to the prevailing party even if a professional attorney is not used, and the party appears on behalf of him/herself.
- Order to Quit: The Court may issue an order directing the defendant to quit the premises and move out immediately.
- Writ of Eviction or Restitution: The Court may issue a writ effective immediately, directing the Lummi Nation Police Department, Bureau of Indian Affairs police, or other law enforcement officers to evict the tenant and restore the premises to the landlord.
F. Eviction Processing Fee
If a participant overstays the termination date stated in the Notice of Termination, LNHA shall impose a $150 eviction-processing fee.
G. Issuance of a Judgement by the Court
Upon LNHA’s receipt of a Judgment on its Unlawful Detainer action, the LNHA shall comply with the Court Order in accordance with the provisions set forth in the Lummi Nation Code of Laws. This compliance may include the removal of the Participant and/or members of the Participant’s Household from the housing unit.
20. COUNSELING OPPORTUNITY
LNHA shall provide the participant with counseling or resident training sessions which cover the obligations of the participant and proper homecare procedures.
A. Budget Counseling
If a participant’s account should become delinquent two or more times within a six-month period, the participant may be required to attend a budget counseling session as directed by LNHA.
B. Compliance Counseling
If LNHA determines that a participant or household is having difficulty complying with any portion of his or her Lease, or these Policies and Procedures, it may require compliance counseling.
C. Attendance
When counseling sessions are required, LNHA shall coordinate the details of attendance with the participant and provide them with written notice of the time and place at which the counseling session is scheduled. Within ten days of a scheduled counseling session, the participant shall provide LNHA with proof of attendance. (A verification form will be provided).
1) Failure to Attend
If the participant fails to provide proof of attendance at the initially scheduled counseling session, LNHA will contact the participant and reschedule the session.
2) Rescheduled Session
If the participant fails to provide LNHA with proof of attendance within 10 days of a rescheduled counseling session, the participant must provide LNHA with a written explanation and a showing of good cause within ten days of the missed session. Failure to provide written explanation and good cause (as determined at the discretion of the LNHA Executive Director) shall result in termination of the participant from his or her applicable LNHA program.
21. METHAMPHETAMINE REMEDIATION POLICY
A. Applicability
This Methamphetamine Remediation Policy applies to all housing units managed by the Lummi Nation Housing Authority (LNHA) within the exterior boundaries of the Lummi Reservation and all trust lands held for the Lummi Nation by the United States. This policy aims to ensure the health and safety of tenants and maintain the integrity of LNHA properties.
B. Screening and Testing
1) Preliminary Screening:
All units shall be preliminarily screened for Methamphetamine (“Meth”) contamination immediately after termination or transfer of tenancy and prior to new tenant(s) assuming occupancy.
2) Conclusive Testing:
If the unit screens positive for Meth, it shall undergo conclusive testing as soon as possible.
3) Quarantine and Decontamination:
If the unit conclusively tests positive for Meth:
- The premises shall be immediately quarantined.
- All personal property shall be decontaminated as appropriate.
- The Executive Director shall enter a work order for Meth remediation of the unit.
C. Reasonable Suspicion and Immediate Action
1) Inspection Upon Suspicion:
If LNHA personnel have reasonable suspicion of illegal possession, use, or manufacturing of Meth in premises controlled by an LNHA tenant:
- LNHA personnel shall immediately inspect and screen the suspected unit for Meth.
2) Refusal of Inspection:
Refusal by any household member to allow immediate inspection shall be grounds for immediate termination of the tenant’s lease and immediate eviction from the unit.
3) Positive Screening:
If the unit screens positive for Meth:
- LNHA personnel shall order conclusive testing.
- LNHA personnel shall notify the Lummi Nation Police Department (LNPD).
- LNHA personnel shall notify the tenant of the testing.
4) Cooperation with Authorities:
LNHA personnel shall cooperate with law enforcement authorities, including providing test results and granting emergency access to the unit without advance notice to the tenant.
5) Minor Children:
If the unit conclusively tests positive for Meth and there are minor children residing in the unit, LNHA personnel shall notify Lummi Children’s Services immediately.
D. Neighboring Units
1) Contamination of Neighboring Units:
If LNHA personnel have reasonable suspicion that neighboring units may have been contaminated by Meth:
- LNHA personnel shall immediately notify the neighboring tenants.
- LNHA personnel shall screen the neighboring units for Meth contamination.
2) Positive Screening in Neighboring Units:
If neighboring units screen positive:
- The procedures outlined above for quarantine, conclusive testing, and decontamination shall be followed.
E. Compliance with Lummi Nation Code of Laws
This Methamphetamine Remediation Policy aligns with the Lummi Nation Code of Laws and associated protocols:
By following this policy, LNHA ensures compliance with tribal laws, promotes the health and safety of tenants, and maintains the integrity of its housing units.
1) Jurisdiction and Scope:
The policy applies within the exterior boundaries of the Lummi Reservation and all trust lands held for the Lummi Nation by the United States.
2) Notification and Eviction:
Immediate action, including notifications and cooperation with law enforcement, will follow the procedures specified in the Lummi Nation Code of Laws.
3) Protection of Residents:
This policy ensures the safety of all residents, especially young children, by adhering to strict screening, testing, and remediation processes.