a. general purpose - fond du lac indian reservation housing eao...a. general purpose this policy is...

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FOND DU LAC HOUSING DIVISION ELIGIBILITY, ADMISSION AND OCCUPANCY POLICY I. INTRODUCTION A. General Purpose This policy is designed to serve as: 1. A guide for the Fond du Lac Housing Division (FDLHD) to use in determining eligibility, admission of applicants, selection criteria, and occupancy standards. 2. A document, which provides for consistent, equitable, and uniform treatment of clients. 3. A basis for decision-making by FDLHD staff. 4. A training manual for newly-hired or appointed staff. B. Application of Policv This Policy is applicable to all FDLHD clientele, including but not limited to applicants, residents, renters, homebuyers, and FDLHD program participants.

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Page 1: A. General Purpose - Fond du Lac Indian Reservation Housing EAO...A. General Purpose This policy is designed to serve as: 1. A guide for the Fond du Lac Housing Division (FDLHD) to

FOND DU LAC HOUSING DIVISION

ELIGIBILITY, ADMISSION AND OCCUPANCY POLICY

I. INTRODUCTION

A. General Purpose

This policy is designed to serve as:

1. A guide for the Fond du Lac Housing Division (FDLHD) to use indetermining eligibility, admission of applicants, selection criteria, andoccupancy standards.

2. A document, which provides for consistent, equitable, and uniformtreatment of clients.

3. A basis for decision-making by FDLHD staff.

4. A training manual for newly-hired or appointed staff.

B. Application of Policv

This Policy is applicable to all FDLHD clientele, including but not limited toapplicants, residents, renters, homebuyers, and FDLHD program participants.

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11. ELIGIBILITY FOR HOUSING

The purpose of this section is to determine who is eligible to participate in FDLHDprograms.

Applicants must meet the applicable eligibility requirements to be eligible for theFDLHD housing programs:

A. Family Composition (See 24 C.F.R. § 1000.104 & Section 201(b) of NAHASDA,25 U.S.C. § 4131(b))

An Applicant must qualify as a family, defined by the FDLHD as two or morepersons who are related by blood, marriage, registered domestic partnership, oroperation of law, and who have evidenced a stable family relationship; or a singleperson who lives alone and intends to live alone and does not qualify as an elderlyfamily, displaced person, or remaining member of a tenant family; or a singleperson who is elderly or near elderly, handicapped, disabled, displaced, or theremaining member of a tenant family.

An applicant must qualify as an Indian family, defined by the FDLHD as a familywhose head of household or spouse is an enrolled member of a federallyrecognized tribe.

Non-Indian Families (See 24 CFR §§ 1000.106,108,118 & Section 201(b) (3) ofNAHASDA, 25 U.S.C. § 41351(b) (3) (exception to Indian Family requirement))

If an applicant qualifies as a family but does not qualify as an Indian family, theFDLHD may determine the family to be eligible, if the family demonstrates to theFDLHD's satisfaction that their presence in the community is essential to thewellbeing of other Indian families and their need for housing cannot reasonablybe met without participation in the FDLHD program.

B. Income Limitations (See Section 205 of NAHASDA, 25 U.S.C. § 4131(b)), andAppendix A (Income Limits as updated periodically).

1. Maximum Income

The applicant must qualify as a low income family, defined as a familywhose income does not exceed 80 percent of the median income for thearea or the United States, whichever is greater. Income limits are adjustedfor Family size and updated on an annual basis. (See Appendix A.)

2. Minimum Income

Participants in FDLHD programs must have income sufficient to complywith program requirements. Under FDLHD housing programs,participants are required to satisfy obligations such as administration fees,user fees, utilities, maintenance, etc. The applicant must demonstrate theability to meet these requirements.

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a. For the FDLHD rental program there is no minimum income.

b. For the FDLHD homeownership programs the minimum incomefor eligibility is an annual household income of not less than$20,000; which must be documented as sustainable income.

3. Estimating Income

The annual household income for eligibility will be determined byestimating the anticipated total income from all sources to be received bythe tenant(s)/homebuyer(s) and other members of the household over thenext twelve (12) months.

The annual income for re-examination shall be based on current income

with an additional re-examination in the event of a change in income orhousehold composition.

4. Exception to Maximum Income Limits (See 24 C.F.R. §§ 1000.106,1000.108,1000.110(b))

5. The FDLHD may waive the maximum income limit requirement whenconsistent with NAHASDA regulations.

a. If all conditions outlined in the regulations are met, the FDLHDmay provide the following types of assistance to non-low-incomeIndian families:

(1) Homeownership activities under Section 202(2) ofNAHASDA (25 U.S.C. § 4132(2)), which may includeassistance in conjunction with loan guarantees under theSection 184 program (24 C.F.R. Part 1005).

(2) Model activities under section 202(6) of NAHASDA (25U.S.C. § 4132(6)).

(3) Loan Guarantee activities under Title VI of NAHASDA.

C. Income Verifications (See 24 C.F.R. § 1000.128)

In order to determine that data upon which determination of eligibility, selection,preference, and rents/payments to be charged are accurate, such data must beverified.

Complete and accurate verification records, consisting of but not limited to, thefollowing are to he maintained:

1. A copy of the form 1040 for each adult household member.

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2. Records in the possession of the Fond du Lac Band. By applying forhousing, the applicant consents to the release and use of any informationor records in the Band's possession.

3. Letters or other statements from employers and other pertinent sourcesgiving authoritative information concerning all amounts of income..

4. Copies of documents in the applicant's possession that substantiate his orher statements or a brief summary of the pertinent contents of suchdocuments signed and dated by the staff who viewed them.

5. Certified statements or summary data from bank accounts, from self-employed persons and from persons whose earnings are irregular, such assalesmen, taxi drivers, etc., setting forth gross receipts, itemized expenses,and net income.

6. Memoranda of verification data obtained by personal interviews,telephone, or other means, with source, date reviewed and the personreceiving the information clearly indicated. 4

D. Social Securitv Number Requirements

The applicant must furnish the FDLHD with social security numbers and copiesof social security cards for each family member or person listed on theapplication.

E. Restrictions on Assistance to Non-Citizens

The FDLHD restricts housing assistance to U.S. Citizens and non-citizens whohave eligible immigration status. The applicant must verify citizen or non-citizeneligibility in order to receive assistance.

F. Additional Criteria for Admission

The FDLHD eligibility requirements include: proof of tribal affiliation, proof ofdate of birth, and satisfactory clearance of a criminal background check accordingto applicable ordinances.

G. Dependents

All dependents listed on the application must be the lawful dependents of theapplicant. Applicants must show proof of custody. In the case of joint custody, inorder for a dependent child to be counted as a member of the applicant'shousehold for eligibility purposes, the applicant must show proof that theapplicant has primary physical placement of the child. Proof must be shown byone of the following:

1. An agreement between the parents bearing the notarized signatures of bothparents, assigning primary placement of the child to the applicant; or

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2. A certified copy of a court order, currently in effect, assigning primaryphysical placement of the child to the applicant.

H. T enantCsVHomebuverls)

All occupants of the rental unit or homeownership house must be eligible forhousing and must be listed on the household composition record. Only thetenant(s)/homebuyer(s) shall sign the rental agreement or homeownershipagreement. In general, only one person shall be designated as the tenant orhomebuyer. If there is only one adult Band member in the household, that personshall be designated as the tenant or homebuyer.

If two adult Band members are married or in a registered domestic partnership,then both Band members may be designated as the tenants/homebuyers and mayboth sign the rental/homeownership agreement.

I. Family Break-Up Plan

If a family breaks up into two otherwise eligible families while living in a Fonddu Lac Housing Division housing unit, the following rules shall apply:

1. Band member preference. If the family break up is between a Bandmember and a non-Band member, the Housing Division shall allow theBand member to retain the housing unit.

2. Agreement. If the family break up is between two Band members, theHousing Division shall abide by any agreement the parties reach.

3. Court Order. If the family break up is between two Band members and theFond du Lac Tribal Court determines the disposition of property in adivorce decree, the Housing Division shall abide by the court'sdetermination.

4. Other Factors. If the family break up is between two Band members andthere is no agreementor court order, the Housing Division shall determinewho retains the housing unit based on the following factors:

a. The interests of any minor children, including custodyarrangements;

b. The interests of any ill, elderly, or disabled family members;

c. Whether family members were forced to leave the unit as a resultof actual or threatened physical violence by a spouse or othermember(s) of the household;

d. Any possible risks to family members as a result of domesticviolence or criminal activity; and

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e. The recommendations of social service professionals with a historyof working with the family.

f. Other factors as deemed appropriate by the Housing Division.

5. Reversion. If the factors above do not apply and the parties do not reachan agreement, then the house reverts to FDL Development.

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III. RECEIPT OF APPLICATIONS AND DETERMINATION OF ELIGIBILITY

A. Application

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

1. Application Process

The application is the basic record of each family/person applying foradmission and/or services. Each applicant will be required to provide allinformation requested on the application and to sign all necessary forms,documents, and certifications. All information received and any statementsmade by the applicant are subject to verification. Applications shall bereceived at the FDLHD office located at: 932 Trettel Lane, Cloquet, MN55720. All applications are to be fully completed and signed usingindelible ink. Completed applications may be mailed or delivered inperson. Immediately upon receipt of a completed application, the FDLHDshall note the date/time on the application, initial the application, and:

a. Assign the next available number for the waiting list; and

b. Provide a copy of the application to the applicant with thedate/time and number noted and a written notice to retain the

application copy and update the application annually.(Applications received by mail will receive a mailed response copyby certified mail, return receipt requested.)

Once a numbered application is placed on the waiting list, it remains onthe waiting list as a permanent record for internal control purposes onlyand an assigned number does not in any way represent a selectionpreference. An updated eligible application shall retain the originalnumber. The failure to update an eligible application annually as requiredshall result in the application on file being declared ineligible. Anapplication received from a previously ineligible applicant shall receive anew number if eligibility is established.

Verification of all information that affects eligibility, family composition,selection, priority or preferences, annual income, unit size, determinationof affordable payments or rent, and housing need is required.

Each applicant and adult household member must sign a consent form forthe release of information.

2. Applicant Responsibilities

The applicant is responsible for providing all of the necessary informationand accurately completing the application as required. The applicant mustcertify that all information contained in the application is true and accurateto the best of his or her knowledge. The applicant is responsible for

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making corrections or updating the application on an annual basis. Failureto update an application for a period of thirteen months will result in theapplication being placed in the inactive file and the removal of the familyfrom the waiting list.

3. Application File

The FDLHD shall maintain a file for each family completing anapplication. All information supplied by the applicant, verification ofinformation, and all relevant correspondence with the applicant, shall becontained in the file. Files shall be held confidential and shall be placed inone of three categories.

a. Eligible

This file contains those applications, which have met initialeligibility requirements and have been placed on the waiting listfor FDLHD programs. Complete applications will be placed on thewaiting list by the assigned number, b.

Ineligible

This file contains those applications, which have not met initialeligibility requirements and have been determined to be ineligiblefor FDLHD programs. Applications that are not updated annually(within 13 months) will be determined to be ineligible and placedin this file.

Incomplete/Pending

This file contains those applications, which have not beensufficiently completed or verified for a determination of eligibilityto be made. Applicants submitting an incomplete application willbe notified and given ten (10) business days to submit the missinginformation. If the information is not submitted in a timely manner,the application will be placed in the ineligible file, afternotification of ineligibility.

B. Eligibilitv Determination

1. Applicant determined eligible tSee 24 C.F.R. § 1000.146)

Upon receipt of a completed application, the FDLHD will make adetermination of eligibility. An applicant determined to be eligible shall bepromptly notified and placed on the FDLHD help program waiting list.

2. Applicant determined ineligible

Upon receipt of a completed application, the FDLHD will make adetermination of eligibility. An applicant determined to be ineligible shall

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be promptly notified in writing. The notice shall state the reason(s) for theineligibility and advise the applicant of his/her right to appeal. The appealmust be requested within 10 working days to the date of the notice. Anappeal hearing to make a final determination of eligibility shall bescheduled at the earliest convenience of both parties. The applicant isgiven the opportunity to produce evidence, clarify information, and/or askquestions regarding eligibility.

C. Waiting List Administration (Please see Tenant Selection Criteria, FDLResolution #1091/98, Appendix B)

The FDLHD shall maintain a waiting list for all FDLHD housing programs. Thelist shall be comprised of applicants who have been determined to be eligible. Theeligible applicants will be placed on the waiting list by assigned number (Seeselection preferences. Appendix B). Within each priority group, the applicantswill be placed in chronological order, with the oldest 10 application being firstand the most recent application being last.

1. Updating the Waiting List

The waiting list shall be updated on a regular basis. It is the responsibilityof the applicants to update their application at least annually. In order toremain on the waiting list, an applicant must continue to update his/herapplication and remain eligible for the FDLHD programs. Applicationsthat are not updated annually (within 13 months) will be determined to beineligible and placed in the ineligible file.

It is the responsibility of the applicant to keep FDLHD updated in writingat all times on how and where the applicant can be contacted in the eventof being selected for a unit or for updating their application at leastannually. Any applicant on the waiting list who wishes to be removedfrom the list must submit a written request to the FDLHD. Otherwise, noeligible applicant may be removed from the waiting list except for failureto update in a timely manner or where fraudulent or materially incorrectinformation was provided by the applicant in seeking eligibility.

2. Suspending the taking of new applications

The FDLHD reserves the right to close the waiting list and suspend thetaking of new applications at any given time. The FDLHD may also setsubmission deadlines for inclusion in a particular project, program, orfunding year.

3. In the event an applicant is determined to be eligible and placed on theappropriate waiting list (s) and subsequently determined to be ineligiblefor any reason, the applicant will be removed from the waiting list andnotified in writing of the reason(s) for ineligibility for FDLHD housingprograms.

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IV. SELECTION PROCEDURE AND REQUIREMENTS

A. General Provision (See 24 C.F.R. § 1000.120)

The FDLHD shall select eligible applicants from the waiting list in accordancewith the selection preferences (priority groups) outlined below and the applicant'srespective eligibility dates.

B. FDL Band Enrollment and Indian Preference

Enrolled members of the Fond du Lac Band who otherwise established a need and

eligibility for housing assistance under these procedures shall be given priorityover eligible nonmembers in the selection of tenants and the assignment ofhousing. All FDL eligible applicants will be served first regardless of any othercriteria stipulated in this policy.

C. Other Preferences

Following the preference for Band members, enrolled members of the MinnesotaChippewa Tribe shall receive priority. Enrolled members of other federally-recognized Indian tribes shall receive final priority over non- Indians in theprovision of available housing assistance.

D. Need of Applicant

Applicants with the greatest need for housing assistance shall be considered aheadof other applicants. Need shall be determined based upon the following criteria:

1. High Need:

a. Without housing or about to be without housing;

b. Severely overcrowded (more than three persons per bedroom);

c. Permanently without plumbing or adequate hearing; or

d. Presently occupying housing which is non-rehabilitable.

2. Medium Need:

a. Moderately overcrowded (more than two persons per bedroom);

b. Currently paying more than 25 percent of income for housing; or

c. Presently occupying substandard housing.

3. Low Need:

All other applicants.

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E. Order of Selection (See Tenant Selection Criteria, FDL Resolution #1091/98,Appendix B)

Eligible applicants will be categorized according to the following priority groups,with groupone having the highest priority. Once all of the applicants in grouponehave been served, group two applicants will be served, and so forth.

Prioritv 1

1. Applicant family in which a tenant/homebuyer is an enrolled FDL tribalmember/FDL Veteran with a high need.

2. Applicant family in which a tenant/homebuyer is an enrolled FDL tribalmember/FDL Veteran with a medium need.

3. Applicant family in which a tenant/homebuyer is an enrolled FDL tribalmember/FDL Veteran with a low need.

Prioritv 2

1. Applicant family in which a tenant/homebuyer enrolled is an MOTmember with a high need.

2. Applicant family in which a tenant/homebuyer is an enrolled MOTmember with a medium need

3. Applicant family in which a tenant/homebuyer is an enrolled MOT tribalmember with a low need.

Prioritv 3

1. Applicant family in which a tenant/homebuyer is an in enrolled member ofa federally recognized tribe with a high need.

2. Applicant family in which a tenant/homebuyer is an in enrolled member ofa federally recognized tribe with a medium need.

3. Applicant family in which a tenant/homebuyer is an in enrolled member ofa federally recognized tribe with a high need.

Prioritv 4

1. Applicant non-Indian family determined to be eligible to receiveassistance.

F. Screening of Applicants

Prior to placement in a unit or receipt of services, the FDLHD shall conduct athorough screening process of each applicant to determine suitability for

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admission. The screening process shall include a review of pertinent factors,which include the following:

1. The applicant's past performance in meeting financial obligations,including but not limited to rent and utilities. The FDLHD shall requestinformation from former landlords detailing payment history (from up to 5years ago).

2. Whether the applicant was previously evicted for non-payment or non-eomplianee with any FDLHD, tribal, or public housing authority (PHA)policy.

3. Whether the applicant previously participated in a HUD-assisted programand abandoned the dwelling unit.

4. The applicant's past performance and behavior including destruction ofproperty, disturbance of neighbors, poor housekeeping practices, or otheractivities which may endanger or be detrimental to other residents.

5. The applicant's criminal record (including all family members),particularly drug-related activities, physically violent crimes, or othercriminal acts which may endanger other residents.

G. Transfer Poliev

1. Requirements for Transfer

Any family/person(s) requesting a transfer to another project, program, orunit must do so in writing. All transfers are subject to availability of units.The FDLHD may approve transfers for the following: size of unit notcompatible, change in income level, employment and/or education, anddocumented medical reasons. Two families may transfer (trade) units ifboth parties agree that it is in their best interests and the FDLHD approves.

2. Families must be up-to-date on rent/house pavments

In order to transfer, a family must be up-to-date on their rent/housepayments.

3. Maintenance and repairs performed

An inspection of unit is required prior to transfer. All necessary repairsand rehabilitation of the unit shall be charged to the currentrenter/homebuyer prior to move-out. If the total amount of charges isunclear, a "good faith" estimate shall be provided by the FDLHD.

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4. Transfer of Equity (Homeowner only)

All rights, obligations, and equity shall be transferred to the new home.The purchase price of the new home shall be based on the actual value ofthe home, but the homeowner shall be given credit for payments made onthe previous home.

5. Families or individuals in overcrowded or underutilized units

Families or individuals in overcrowded or underutilized units will be

required to transfer to an appropriately sized unit based on the availabilityof such units. Transfers to correct the appropriate unit size for the familyshall take precedence over the selection for occupancy from the waitinglist.

a. When a family is identified as being in an inappropriately sizedunit, that family shall be offered an appropriately sized unit when itbecomes available.

If the family refuses to transfer to the unit offered, thelease/homebuyer agreement may be terminated.

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OCCUPANCY STANDARDS

In order to prevent overcrowded conditions and wasted space, homes shall be assigned inaccordance with the following schedule. The FDLHD may make exceptions due tounusual circumstances. Factors to be considered include age and sex of children, potentialchanges in family composition, availability of unit sizes, etc.

Number of Bedrooms

1 BR (Elderly)

2BR

4BR

5 BR

Number of Persons

1 & Married Couples

5 & up

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VI. LEASING, SUBLEASING, LEASE PURCHASE REQUIREMENTS AND RULESOF OCCUPANCY

A. Execution of the Agreement (See Section 207 of NAHASDA (25 U.S.C. § 4137))

Prior to occupancy of a unit, the tenant(s)/homebuyer(s) shall execute alease/homebuyer agreement with the FDLHD. This agreement is a legal documentthat describes rights, duties, obligations, and responsibilities, and shall beexecuted promptly after final selection of the applicant. The agreement shall beexecuted in duplicate original with both parties receiving an original document.The tenant(s)/homebuyer(s) will sign the agreement and the Housing Director willsign on behalf of the FDLHD.

1. Changes. Modifications and Amendments

If the tenant(s)/homebuyer(s) or unit (due to transfer) changes, a newagreement shall be executed.

The Reservation Business Committee may revise or adopt policies whichaffect the obligations and requirements of the tenant(s)/homebuyer(s)under the agreement. Such changes do not require execution of a newagreement.

B. Guidelines and Rules for Occupants (See Section 207 of NAHASDA (25 U.S.C. §4137))

1. Principal Residencv Requirement

a. As a condition of occupancy, tenant(s)/homebuyer(s) is/arerequired to use the home as a principal residence, except fortemporary absences, as approved in writing by the FDLHD.Requests for a temporary absence shall be made in writing to theFDLHD by the tenant (s) /homebuyer (s). Thetenant(s)/homebuyer(s) remain(s) responsible for the terms of thelease/homebuyer agreement during any absence from or lack ofoccupancy of the unit.

b. It is the policy of the FDLHD that no family in a FDLHD managedunit may possess more than one home at a time provided throughFDLHD programs.

2. Determination of Abandoned Unit

A home which has been unoccupied by the tenant(s)/homebuyer(s) for aperiod of 30 days or more without FDLHD approval in writing may bedetermined to be abandoned and in violation of the lease/homebuyeragreement. If a unit is determined to be abandoned, the FDLHD willterminate the lease, reclaim the unit, secure any personal property in theabandoned unit, and attempt to notify the tenant(s)/homebuyer(s) that thepersonal property should be claimed within 60 days. If such personal

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property is not reclaimed within the 60 day period, FDLHD will disposeof the personal property as per applicable policy.

3. Business Use of Home

The use of the home for operation of a business may be approved by theFDLHD under the following conditions:

a. The business is legal;

b. The operation of a business may be essential for the well-being ofthe family, or for the family to meet its obligations under theagreement; and

c. The operation of the business does not negatively impact theneighbors or surrounding community. A request to operate abusiness out of the home shall be made in writing to the FDLHD.A decision on the request shall be made within 30 days of the dateof the request. A denial is subject to the FDLHD grievanceprocedure.

4. Structural Modifications

No tenant(s)/homebuyer(s) shall make any structural modifications oradditions to the unit unless approved in writing by the FLDHD.

5. Damage to Propertv

Tenant(s)/homebuyer(s) shall comply with Prohibiting Graffiti Vandalismand the Defacement of Public or Private Property, FDL Ordinance #03/08,and refrain from damaging, defacing, vandalizing, destroying, or removingany part of the home, neighborhood, and community, including all publicand tribally (FDLHD) owned property. The tenant(s)/homebuyer(s) is/areresponsible for all family members and, residents, and visitors at theirunits/homes.

6. Public Disturbance

Tenant(s)/homebuyer(s) shall not engage in unlawful activities oractivities which could cause a disturbance to neighbors and thesurrounding community. The FDLHD shall maintain a record of allcomplaints about tenant(s) and homebuyer(s). The Housing Director ordesignee may obtain law enforcement reports as needed to verifycomplaints.

7. Responsibilitv to Provide Utilities

It is the responsibility of the tenant(s)/homebuyer(s) to provide all utilitiesfor the unit including deposits.

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8. Payments/Rents

All rent/homebuyer payments are due on the first (1st) day of the monthwithout billing/prior notiee, in aeeordance with the FDLHD CollectionPolicy.

9. Maintenance/Appearance of the Home and Property

The tenant(s)/homebuyer(s) shall proyide all maintenance and basicupkeep of the home, keeping it in an acceptable condition and free fromtrash, clutter, and debris (including abandoned or junk ears). The FDLHDshall monitor the condition of the unit through periodic inspections.Abandoned yehicles shall be handled in accordance with the Land Use

Ordinance, FDL Ordinance #02/07 and/or the Waste Management andRecycling Ordinance, FDL Ordinance #06/93, and thetenant(s)/homebuyer(s) shall be required to remoye any yehicles held inyiolation of either ordinance.

10. Pet/Animal Control

The tenant(s)/homebuyer(s) shall remain in compliance with the AnimalControl Ordinance, FDL Ordinance #04/00. No exotic animals or farmanimals are allowed in FDLHD program units. In one-bedroom units, nomore than two (2) pets are allowed. In all other FDLHD managed units, nomore than four (4) pets are allowed. These limitations are in addition toany limitations contained in leases or any policies for specific buildings.Animals causing injury to other animals or people are not allowed and/ormust be remoyed immediately.

11. Requirement to List Occupants

The tenant(s)/homebuyer(s) is/are required to list all occupants of theunit/home on the family's admission form/record/application for continuedoccupancy. Any yisitors who remain for an extended period (30 days ormore) are subject to inclusion on the household composition record andshall be subject to criminal background checks according to applicableordinances.

12. Tenant(s)/Homebuyer(s) Responsibility for Children and Guests

The tenant(s)/homebuyer(s) is/are responsible for all actions of theresidents, guests, and children of the home and may be held accountablefor such actions.

13. Inspections

The tenant(s)/homebuyer(s) shall permit the FDLHD to periodicallyinspect the unit/home and grounds.

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14. Counseling

The tenant(s)/homebuyer(s) is/are required to attend all mandatory-counseling sessions scheduled by the FDLHD. Thetenant(s)/homebuyer(s) may be required to attend individual counselingsessions as a condition of continued occupancy.

15. Prohibition of Illegal Activities

Any criminal activity that threatens the health, safety, or right to peacefulenjoyment of the premises by other tenants or any drug-related criminalactivity on such premises, engaged in by a housing tenant, any member ofthe tenant's household, or any guest or other person on the premises, shallbe cause for termination of tenancy. Any conviction (including "nocontest" pleas) for a drug related criminal activity shall be grounds forimmediate termination in accordance with the lease/homebuyeragreement.

16. Insurance

The FDLHD shall provide required insurance on the unit structureincluding fire and extended coverage. The tenant(s)/homebuyer(s) willhave to secure their own insurance for personal property/contents. It is theresponsibility of the tenant(s)/homebuyer(s) to report all damages to theunit so claims can be processed in a timely marmer.

17. Re-examination Requirements

The tenant(s)/homebuyer(s) is/are required to update relevant informationregarding income, household composition, payment, rent calculations, etc.every five (5) years; ideally, information 21 will be updated every two (2)years. (See Certification Process.)

18. Prohibition of Subleasing

The tenant(s)/homebuyer(s) shall not take in boarders or sublet the unitwithout prior approval by the FDLHD. (See Subleasing Policy section.)

19. Securitv Deposit (rental only)

The resident is required to pay a security deposit in the amount of$250.00. The deposit shall be refundable at the time of move-out, providedthat all conditions, obligations, and requirements of the FDLHD and leaseagreement have been satisfied.

20. Other Responsibilities/Obligations

The tenant(s)/homebuyer(s) is/are responsible for complying with all otherresponsibilities/obligations stated in their lease/homebuyer agreement.

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C. Breach of Agreement

1. When a breach of a Dwelling Lease or Mutual Help and OccupancyAgreement (each and "Agreement"), or Housing Division policy orprocedure is identified the Housing Director shall, except as provided inVI.D.2.b. below, provide the tenant(s)/homebuyer(s) with written noticeincluding the following:

a. Identify the nature of the breach;

b. Identify the action necessary to cure the breach, where applicable;

c. Notify the tenant(s)/homebuyer(s) that they have 30 days to curethe breach;

d. Notify the tenant(s)/homebuyer(s) that failure to cure the breachwill result in termination of the Agreement; and

e. Notify the tenant(s)/homebuyer(s) of their right to file a grievancein accordance with the Grievance Procedure; however, suchgrievance shall not operate to delay any future termination of thetenant(s)/homebuyer(s) Agreement.

D. Termination of Agreement

1. Termination of Agreement bv the Tenanttsf/Homebuverfsf

The tenant(s)/homebuyer(s) may terminate the Agreement provided that a15-day written notice is given to the FDLHD and the procedures fortermination contained in the Agreement are followed.

2. Termination of Agreement bv the FDLHD

a. The FDLHD may terminate the Agreement by written notice afterthe expiration of the time period to cure and thetenant(s)/homebuyer(s) have not cured the breach, whereapplicable, to the satisfaction of the Housing Division, and theHousing Division has complied with the requirements of theapplicable Agreement or Housing Division policy and procedure.

b. Some violations are of such a severe nature that the HousingDivision is not required to provide notice of breach andopportunity to cure. If a tenant violates the Fond du Lac Policy onViolence and Drugs or if the violation is identified in the lease asgrounds for immediate termination, then the Housing Division mayimmediately terminate the Agreement and is not required tocomplete the notice of breach identified in Section VI.C. of thisPolicy.

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c. The written notice terminating the Agreement shall contain thefollowing:

(1) The reason for termination;

(2) Unless the violation is subject to immediate termination,notice that the tenant(s)/homebuyer(s) that they have 30days to vacate the property and remove all personalproperty from the premises and the date and time such 30days expires;

(3) Notice that failure to remove personal property from thepremises shall be deemed an abandonment of such personalproperty and will result in disposal of the personal propertyby the Housing Division in a lawful manner in thediscretion of the Housing Division; proceeds from thedisposal, if any, will be applied to costs of disposal andthen to any payments owed by the tenant(s)/homebuyer(s),and any remaining proceeds will be refunded to thetenant(s)/homebuyer(s);

(4) Notice to the tenant(s)/homebuyer(s) of their right to file agrievance in accordance with the Grievance Procedure;however, such grievance shall not operate to delay thetermination of the tenant(s)/homebuyer(s) Agreement; and

(5) Notice to the tenant(s)/homebuyer(s) that failure to vacatethe property may result in the Housing Division filing anaction in Tribal Court pursuant to the Eviction Ordinance.

d. Failure of the Housing Department to enforce or act upon anybreach or termination shall not constitute a waiver of the Band's

rights and shall not restrict the Band's ability to take action at anytime in the future or on any other breach or termination.

Homeownership

1. The administrative charge for homeownership units shall be established at$100 per unit per month and may he periodically adjusted by theReservation Business Committee.

2. The term of homebuyer agreements shall be 25 years.

3. The interest rate on homebuyer agreements shall be 0 percent.

4. The maximum payment shall be the amortized amount plus theadministrative charge.

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5. Minor Children Occupying Home: Guardianship Agreement. After the

occurrence of death, physical or mental incapacity, or voluntaryrelinquishment by the tenant(s)/homebuyer(s), if there is no qualified andeligible successor, the FDLHD may approve an adult who has beenappointed legal guardian of the child/children as an occupant of the home.The guardian shall be responsible for performing the duties andobligations of the homebuyer agreement on behalf of the child/children.This arrangement will remain intact until the oldest child reaches the ageof 18 22 years, at which time that person may apply in writing to theFDLHD to become the homebuyer, if qualified. If at any time prior to theoldest child reaching the age of 18 years, the guardian is no longer willingand able to perform the obligations and duties of the agreement, and noother guardian is appointed, possession of the home shall revert back tothe FDLHD.

6. Trust, restricted, or special consideration of the land status

In case of trust, restricted, or special land considerations, the FDLHD shallreview applicable regulations and requirements prior to approving asuccessor, or designating a subsequent homebuyer. The homebuyeragreement may be modified to accommodate any special considerations.In the event of a non-FDL enrolled tribal member being the remainingmember of a tenant family, the individual shall be allowed to remain in theunit and only allowed to dispose of the unit to an FDL enrolled member.

7. Equitv. MEPA. and Purchase Price Schedule.

There will be no interruption or change in the amortization schedule due tosuccession of the home. All rights and obligations, including equityaccounts, shall be transferred to the successor homebuyer. If the successorwants to have work done on the home and no equity is available, successortakes unit as is and assumes cost of renovation.

F. Successorship (for homeownership only)

1. Manner of Designation

Each homebuyer shall name/designate a successor at the time thehomebuyer agreement is executed. The designation may be changed at anytime during the duration of the agreement, provided that such changes aremade in writing.

The successor will be identified as follows:

a. If the homebuyer has designated a successor, that person will be thesuccessor, if eligible.

b. If no successor has been identified (or if the successor is ineligible)and there are minor children living in the house at the time of the

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homebuyer's death, the sueeessor will be a parent or guardian ofthose ehildren.

e. If the sueeessor is not identified pursuant to paragraphs a or b, thesueeessor will be identified aeeording to the Band's Probate Code,Fond du Lae Ordinanee #01/11.

2. Eligibility of Sueeessor

The designated successor must meet all eligibility and selectionrequirements at the time the new homebuyer agreement is executed. Ahomebuyer must make their assigned unit their principal residence.

Only Fond du Lac Band members are eligible to succeed to thehomebuyer's full interest. If the successor is not a Band member but is theparent or guardian of children living in the house at the time of thehomebuyer's death, the successor will succeed to an interest that will lastuntil the youngest child turns 19. If the sueeessor is not a Band member oris ineligible but is living in the house at the time of the homebuyer's death,the successor will have 6 months to remain in the house.

3. Events Authorizing Sueeessorship

In the event of death, physical incapacity, or mental incapacity, the persondesignated as successor shall succeed to the rights, all accounts andresponsibilities of the homebuyer provided that all eligibility and programrequirements are met.

4. Situations Where Sueeessorship will Not Be Recognized

The designated successor shall not succeed if the homebuyer agreement isterminated for any reason other than death, physical incapacity, or mentalincapacity.

5. FDLHD Designation of Successor

If the designated sueeessor is not eligible or does not meet admissionstandards, or refuses the home, the home shall be returned to FDLHDhousing stock.

The FDLHD shall determine the next occupant in accordance with thispolicy.

6. Ineligible Successors Mav Exercise Purchase Option

In the event that the successor is not eligible or otherwise qualified tosucceed the original homebuyer, the FDLHD may allow the designatedsuccessor to purchase the unit for an amount established by the FDLHD.

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G. Sublease Policy (homeownership only)

1. Approval of Sublease Required

The FDLHD may approve the sublease of a home/unit under certaincircumstances. The request to sublease must be in writing and state thereason for the request and the length of the sublease. In order to sublease,the homebuyer must be in full compliance with the homebuyer agreement.

2. Allowable Justification/Reasons for Sublease

The FDLHD may approve a sublease for the following reasons:employment, higher education, medical treatment or illness, or militaryduty.

3. Duration of the Sublease

The FDLHD may approve a sublease for a period of up to one year.

4. Approval of Sublease

The FDLHD may approve/disapprove any sublease based on requirementsoutlined in the Admissions and Occupancy Policy. Occupants of thesubleased home shall be subject to criminal background checks.

5. Form of Sublease

The sublease form shall be provided by the FDLHD and executed intriplicate with the FDLHD, homebuyer, and sublessee each receiving anoriginal document.

6. Sublease Pavment

The homebuyer payment will continue to be calculated based on thehomebuyer's adjusted income or continue to be the same amount chargedto the homebuyer (for flat payments).

7. Homebuver's Obligation

The FDLHD approval of a sublease temporarily waives the homebuyer'sobligation to reside in the home and use it as a principal residence for aspecified period.

Subleasing does not waive or otherwise exempt the homebuyer from anyother requirements or obligations of this policy or the homebuyeragreement.

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Termination of Sublease

While the FDLHD is not a party to the sublease, the FDLHD does have aright to terminate the homebuyer agreement if the homebuyer is not incompliance with the terms and conditions of the agreement or FDLHDpolicy requirements. The termination shall be in accordance with thehomebuyer agreement and FDLHD policy.

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VII. THE EXAMINATION/RE-EXAMINATION PROCESS (See 24 C.F.R. § 1000.128)

A. Periodic Re-Examination

1. Scheduling

Tenant(s)/homebuyer(s) are required to undergo reexamination every five(5) years; ideally, reexamination will happen every two (2) years. The datefor re-examination will be as scheduled by FDLHD. Re-examinationincludes verifying information needed to determine rent/homebuyerpayments and other vital information concerning the householdcomposition and records. The FDLHD shall notify thetenant(s)/homebuyer(s) of the need to re-certify and set a date/time for thereexamination.

2. Adjustments to Homebuver Pavments/Rent Pavments

After the annual re-examination process is complete, an increase inrent/homebuyer payments will be made in writing effective the first of themonth after thirty (30) days' notice following reexamination. A decrease inrent/homebuyer payments will be made in writing effective the first of themonth following re-examination.

3. Interim Re-Examination

The tenant(s)/homebuyer(s) is/are required to report all income changes,household composition, or any other changes/circumstances that haveoccurred which would affect the monthly required rent/homebuyerpayment.

4. Other Required Information

The tenant(s)/homebuyer(s) may be required to submit additionalinformation at re-certification, if the FDLHD deems it necessary tocomplete the family's records or to assist in determining income andrent/homebuyer payments. Information which may be required includesbut is not limited to social security cards (numbers) for new familymembers/occupants, divorce decrees, and medical receipts, if applicable.

5. Review of Designation of Successor (Homebuyers only)

Each homebuyer designates a successor at the time the homebuyeragreement is executed. The designation may be changed at any timeduring the duration of the agreement, provided that such change is made inwriting and/or during a reexamination. During the re-examination, thedesignation of successor should be reviewed to ensure that it is current.

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B. Special Re-Examination

If it is impractical to determine a household's actual income due to unstableconditions, such as fluctuating or sporadic employment and income, the FDLHDmay set a date for a special re-examination, at which time the household's incomeis likely to be easier to determine.

C. Adjustment of Utility Allowances

1. Notice of Adjustment

If the FDLHD determines that an adjustment in the utility allowances is tobe made, the affected tenant(s)/homebuyer(s) shall be given written noticeof the adjustment not less than 30 days prior to the effective date ofadjustment.

2. Effective Date of Change

The FDLHD will make effort to make the effective date of the adjustmentthe first day of the month. In the event that the effective date of theadjustment is not the first day of the month, the effective date of changewith respect to rent/homebuyer payment will be the first day of the monthimmediately following the effective date of the adjustment. If the effectivedate of adjustment is the first day of the month, then the effective date ofchange for rent/homebuyer payment calculations will be the same day.

D. Adjustment Due to Errors

If the FDLHD made an error in calculating the rent/homebuyer payment whichwas subsequently discovered by either the FDLHD or the tenant(s)/homebuyer(s),a retroactive adjustment shall be made in writing to the effective date of change(improper adjustment). Errors caused by the tenant(s)/homebuyer(s) or otheroccupants may also be made retroactive if the FDLHD concludes the errors werecommitted willfully, in an effort to receive a reduced rent/homebuyer payment.

E. Procedure for Re-Examination

1. Submission of Application for Continued Occupancv

At the time of the required re-certification, the tenant(s)/homebuyer(s)shall be required to submit an application for continued occupancy,containing the current household income and composition, on a FDLHDprescribed form. The completed application and any attachments shall besigned by the tenant(s)/homebuyer(s).

2. Notice of Changes.

Within 30 days of the completed re-examination process, thetenant(s)/homebuyer(s) shall be informed in writing of any changes in therequired monthly payment/rent and the effective date of the changes.

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F. Failure to Comply or Properly Report Required Information

If the tenant(s)/homebuyer(s) fail(s) to provide information or provides falseinformation for a required re-examination, it is considered a violation of thelease/homebuyer agreement and is grounds for termination of theagreement/lease. Providing false information to or withholding information fromthe FDLHD may be considered fraud, which is a crime punishable under the law.If the tenant(s)/homebuyer(s) fail(s) to respond to the letter requesting re-examination information, a written notice will be sent out with a deadline forsubmission of information. If the tenant(s)/homebuyer(s) fail(s) to meet thedeadline, the FDLHD shall notify the tenant(s)/homebuyer(s) of the violation ofthe lease/homebuyer agreement and proceed with eviction procedures outlined inthe lease/homebuyer agreement and the FDLHD collection and eviction policy.

G. Suspension of Pavments

The FDLHD may suspend the required monthly rent/homebuyer payment for aspecified period of time due to unusual circumstances, such as substantialrehabilitation/repair work being performed on the unit/home. Thetenant(s)/homebuyer(s) may request in writing the suspension of rent/homebuyeragreement and the FDLHD shall approve or disapprove the request and notify thetenant(s)/homebuyer(s) in writing of the determination.

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VIII. HOME INSPECTIONS (Section 403 of NAHASDA, 25 U.S.C. § 4163)

A. Initial Inspection

1. Participants

At the time of initial occupancy, a move-in inspection shall be conductedwith the FDLHD inspector (representative) and thetenant(s)/homebuyer(s). The tenant(s)/homebuyer(s) shall be permitted tohave a representative of their choice present at the initial inspection toassist them.

2. Orientation

The FDLHD shall provide the tenant(s)/homebuyer(s) with an orientationsession, which will cover the obligations and proper homecare procedures.

3. Documentation of Conditions

At the conclusion of the initial inspection, the the tenant(s)/homebuyer(s)shall sign an inspection report detailing any deficiencies in the unit/home.The FDLHD shall correct the deficiencies within a reasonable amount of

time.

4. Warranties

At the time of move-in, the homebuyer shall be provided with a list/packetof the applicable warranties for that particular home.

B. Annual Inspections

1. Notification

The FDLHD shall provide the tenant(s)/homebuyer(s) with writtennotification of the scheduled inspection at least 10 business days prior tothe date of the inspection. The notice shall state that the annual inspectionis a requirement of the lease/homebuyer agreement and give the date andtime of the inspection.

If the tenant(s)/homebuyer(s) is/are in compliance, annual inspection canbe waived for up to three years at FDLHD's discretion. (See NAHASDASection 403.)

2. Inspection Procedure

The FDLHD shall conduct a thorough inspection of the interior, exterior,and adjacent grounds of the unit/home. The tenant(s)/homebuyer(s) shallsign the inspection report, which contains the results of the inspection. Theinspector is responsible to report the nature of any deficiencies observed.

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3. Deficiencies

If the inspection reveals any deficiencies in the condition of the unit/home,the tenant(s)/homebuyer(s) shall be given 30 days to correct thedeficiencies, at which time a follow-up inspection shall be scheduled.

4. Follow-up Inspection

The FDLHD shall conduct a follow-up inspection to determine if thedeficiencies have been corrected. The tenant(s)/homebuyer(s) shall benotified and given the opportunity to be present at the inspection. If thetenant(s)/homebuyer(s) has/have not corrected the deficiencies, theFDLHD may terminate the homebuyer agreement/rental lease inaccordance with the terms of the agreement, or perform the necessarywork and charge the account of the tenant(s)/homebuyer(s).

C. Special Inspections

In addition to the annual inspection, special inspections may be required by theFDHLD if the tenant(s)/homebuyer(s) has/have received unfavorable inspectionreports in the past. Special inspections may be required as a condition of initialoccupancy if the tenant(s)/homebuyer(s) has/have a poor record of homecare atpast residences.

D. Move-out Inspections

Upon termination of the lease, the FDLHD shall conduct a move-out inspection.The tenant(s)/homebuyer(s) or a representative shall be present at the inspection.The FDLHD shall prepare an inspection report, which shall be signed by thetenant(s)/homebuyer(s). The report shall include an account of any deficienciesnoted, a written estimate of the amount (dollar value) of work required. TheFDLHD shall correct the deficient items and charge the deposit or equity accountof the tenant(s)/homebuyer(s) for the work. If the amoimt of the work exceeds theavailable balance, the FDLHD shall bill the tenant(s)/homebuyer(s) for theamount outstanding.

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IX. CONVEYANCE AND CONVERSION OF DWELLING UNITS

Conveyance and conversion of dwelling units shall be done in accordance with theHousing Division Conversion of Low Income Rental Units to Home Ownership Policyand Procedures, as adopted by Resolution #1062/09 and subsequently amended.

Approved pursuant to Resolution #1121/06 by the Fond du Lac Reservation BusinessCommittee on May 16, 2006.Amended pursuant to Resolution #1224/07 on June 12,2007.Amended pursuant to Resolution #1128/13 on April 17,2013.Amended pursuant to Resolution #1003/14 on January 8, 2014.Amended pursuant to Resolution #1098/15 on April 8,2015.Amended pursuant to Resolution #1162/17 on May 2, 2017.

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Office ofnative American

FrograinsOffice of PflWic h Indian Hooslnj

APPENDIX A

No. 2013-03 (R)Aprill9,2013

PROGRAM: Indian Housing Block Grant (fflDBG)

FOR: All Tribal Government Leaders and Tiibally Designated HousingEntities

FROM: For Rodger j. Boyd, Deputy Assistant Secretary for Native AmericanPrograms, PN

TOPIC: Income Limits under the Native AmericanHousing Assistance andSelf-Determination Act of1996

Purpose: Thisguidance rq)lacesProgramGuidance 2011-04 with the latest HUD IncomeLimits.

Background: HUDNoticePDR-2013-01, issued December 11,2012, contains the latestpublished median income limitsfor thevariousIndian areas. Theincomelimitspublished in thatnotice are in effectfor FY 2013, and will remain in effectuntil superseded. Hie informationin thenotice provides state-level MedianFamilyIncome(MFI) estimates.

Tribes locatedon largereservations or those that havelandin more than one county may havemore than one income limit. However, to reduce administrativeburden, the tribe or the triballydesignated housing entitymayset income limitsformulti-county reservations at the income limitlevel ofthe countywiththe highest incomelimits.

Ifthe income limitfor a countylocatedwithinyour Indian areais lower than the United Statesmedian, youmustusetheUnitedStatesmedianincome limits. TheUnited StatesMFI forFY 2013 is $64,400. Therefore, the income limit for familysize and 80/100 percent ofmedianincome is as follows:

si Person ; Z.Persons 3 Persons:. Base 4 . 'S^efspnsi^s ;f7if!ersbns;^ sSfersobs$36,064 $41,216 $46,368 $51,520 $55,642 $59,763 $63,885 $68,006

$45,080 $51,520 $57,960 $64,400 $69,552 $74,704 $79,856 $85,008

To calculatethe adjustedincomelimit for families withmoreflian ei^t members, add8 percent ofthe four-person base to the eight-personincomelimit for each additional person. Forexample, thenine-person limitequals $72,128 (68,006 + [51,520 * .08]). In the past,all incomelimits were rounded to the nearest $50 to reduce administrative burden; however, roundinganomalies can producesome femily size-adjustedincomelimitswhose changes exceed flie5 percent limit.

U.S DEPARTMENT OF HOUSING & URBAN DEVELOPMENTPUBLIC & INDIAN HOUSING

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APPENDIX B

TENANT SELECTION CRITERIA FOR HOUSING OWNED OR ADMINISTERED

BY THE FOND DU LAC BAND OP LAKE SUPERIOR CHIPPEWA

The following selection criteria shall apply to the selection oftenants and assignment of all housing which is owned oradministered by the Fond du Lac Band of Lake Superior Chippewa:

Authority. These procedures are adopted pursuant to theinherent sovereign authority of the Fond du Lac ReservationBusiness Committee, as the governing body of the Fond du LacBand of Lake Superior Chippewa, as granted by Article VI ofthe Revised Constitution of the Minnesota Chippewa Tribe, andas recognized under Section 16 of the Indian ReorganizationAct, 25 U.S.C. § 476, and the Native American HousingAssistance and Self-Determination Act of 1996, 25 U.S.C. §4101 et sea.

Scope of Procedures. These procedures shall apply to allhousing which is owned or administered by the Fond du Lac Bandof Lake Superior Chippewa.

Band Enrollment and Indian Preference. Enrolled members of

the Fond du Lac Band who otherwise establish a need andeligibility for housing assistance under these proceduresshall be given priority over eligible nonmembers in theselection of tenants and the assignment of housing. Followingthe preference for Band members, enrolled members of theMinnesota Chippewa Tribe and enrolled members of otherfederally-recognized Indian tribes shall receive priority overnon-Indians in the provision of available housing assistance.

4. Need of Applicant. Applicants with the greatest need forhousing assistance shall be selected ahead of otherapplicants. Need shall be determined based upon the followingcriteria:

a. High Need:

1. Without housing or about to be without housing;2. Severely overcrowded (more than three persons per

bedroom);3. Permanently without plumbing or adequate heating;

or

4.; Presently occupying housing which is non-rehabilitable.

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b. Medium Weed?

1. Moderately overcrowded (more than two persons perbedroom);

2. Currently paying more than 25 percent of income forhousing; or

3. Presently occupying substandard housing.

c. Low Need; All other applicants.

Approved by Resolution #1091/98 of the Fond du Lac ReservationBusiness Committee on March 30, 1998.

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Fond du Lac ReservationBusiness Committee-'720 Big Uke Rd.

-oquei. MN 55720Phone (218) 879-4593Fax (218) 879-4146

fonpmjT::

Chiinntn

Robert B, Pseicock

SecreUiy/TreasurerPeter J. Defoe

Dirt, I CouncilmanClifton Ribideaux

Dist. D CouncilmanDaryold Blackcttcr

Dirt. IH CouncilmanGeorge Dupuis

Executive DirectorI. Jean Mulder

RESOKITION #1091/9"8

The Fond du Lac Reservation Business Committee, on behalfof the Fond du Lac Band of Lake Superior Chippewa, herebyenacts the following Resolution:

WHEREAS, the Fond du Lac Reservation is, a sovereignty,created by the Treaty of September 30, 1854, 10Stat. 1109, as the permanent home of the Fonddu Lac Band of Lake Superior Chippewa, whichpossesses the inherent jurisdiction andauthority to exercise regulatoiy control withinthe boundaries of the Fond du Lac Reservation;and

WHEREAS, it is the sovereign obligation of the Fond duLac Reservation Business Committee, as theGoverning Body of the Fond du Lac Band, underthe Indian Reorganization Act, 25 U.S.C. § 461et seg., and in accordance with the IndianSelf-Determination Act, 25 U.S.C. § 450 etseg., to assume . the responsibilities of selfgovernment; and

WHEREAS, the Reservation Business Committee hasdetermined, through the adoption of Pond du LacResolution #1085/98, that it is in the bestinterests of the Fond du Lac Band to directlyadminister all housing assistance programs ofthe Band through the Fond du Lac HousingDivision; and

WHEREAS, the direct administration of the Band's housingprograms reguires the establishment of uniformpolicies and procedures to govern occupancy,tenant selection, collection and eviction forhousing which is owned or a<3ministered by theFond du Lac Band through the Fond du LacHousing Division; and

WHEREAS, the Reservation Business Committee hasdeveloped the afonnentioned policies andprocedures, the contents of which are in thebest interests of the Fond du Lac Band;

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RESOLUTION #1091/98Page 2

NOW THEREFORE BE IT RESOLVED, that the Fond du Lac ReservationBusiness Committee hereby adopts the following policiesand procedures to govern the administration of the Fonddu Lac Housing Program through the Pond du Lac HousingDivision:

1. "Rules of Occupancy for Housing Owned or Administeredby the Fond du Lac Band of Lake Superior Chippewa";

2. "Tenant Selection Criteria for Housing Owned orAdministered by the Fond du Lac Band of Lake SuperiorChippewa";

3. "Collection Procedures for Housing Owned orAdministered by the Fond du Lac Band of Lake SuperiorChippewa"; and

4. "Eviction Procedures for Housing Owned or Administeredby the Fond du Lac Band of Lake Superior Chippewa."

CERTIFICATION

We do hereby certify that the foregoing Resolution was dulypresented and acted upon by a vote of 2 for, 0 against, 0 silent,with a quorum of 3 being present at a Special Meeting of the Fonddu Lac Reservation Business Committee held on March 30, 1998 on theFond du Lac Reservation.

Robert B. Peacock, Chairman Peter J.fDefoe, Sec./Treas.

FOND DU LAC, R.B.C."