NPTHA
SECTION 1: DESCRIPTION OF PROGRAM_____________________________________________ 3
SECTION 2:
COVENANTS_____________________________________________________________ 4
SECTION 3:
APPLICATION____________________________________________________________ 8
SECTION 4:
WAITING LISTS ORGANIZATION_________________________________________ 10
SECTION 5:
APPLICANT FILES______________________________________________________ 12
SECTION 6:
ELIGIBILITY_____________________________________________________________ 13
SECTION 7:
INELIGIBILITY___________________________________________________________ 17
SECTION 8:
VERIFICATION__________________________________________________________ 19
SECTION 9:
SELECTION OF FAMILIES FOR A LOT____________________________________ 20
SECTION 10:
INCOME_______________________________________________________________ 24
SECTION 11:
OCCUPANCY__________________________________________________________ 24
SECTION 12:
CLIENT ACTION PLAN & HOUSING COUNSELING_______________________ 25
SECTION 13:
CONSTRUCTION DESIGN REQUIREMENTS______________________________ 25
SECTION 14: SHLA
MANAGEMENT FEE______________________________________________ 26
SECTION 15:
MAINTENANCE AND REPAIR___________________________________________ 26
SECTION 16: HOUSEKEEPING STANDARDS__________________________________________ 27
SECTION 17:
ASSIGNMENT AND SUBLETTING_______________________________________ 28
SECTION 18:
RISK OF LOSS/INSURANCE____________________________________________ 28
SECTION 19: FIRE___________________________________________________________________ 29
SECTION 20: PURCHASE PRICE FOR LOTS___________________________________________ 29
SECTION 21: LIFE
ESTATE__________________________________________________________ 29
SECTION 22:
RELINQUISHMENT_____________________________________________________ 30
SECTION 23:
NOTICES______________________________________________________________ 30
SECTION 24:
WAIVERS______________________________________________________________ 30
SECTION 25:
MODIFICATION________________________________________________________ 31
SECTION 26:
NUMBER AND GENDER________________________________________________ 31
SECTION 27:
DEFINITIONS__________________________________________________________ 31
SECTION 1: DESCRIPTION OF PROGRAM
1.
Be committed to purchasing
the leasehold property.
2.
Have sufficient
income required to meet the house payment and the other financial obligations
of maintaining and buying a home.
3.
Be committed to
schedule the time to participate in the required group counseling and the
one-on-one counseling tailored to the individual family’s needs.
4.
The success of this
homeownership opportunity is contingent upon an intense Housing Counseling and
Homebuyer Education program. It will
consist of homebuyer education classes and one-on-one counseling individualized
to meet each family’s needs. Needs vary
from family to family. Income,
employment, education, debt, the number in a family, etc., all contribute to
the differences that make each family unique.
Although each family’s uniqueness must be addressed, it is imperative
that policies are applied equitably.
C. The SHLA Program seeks to respond to the
following goals:
1. To promote affordable homeownership opportunities for
those low-income enrolled members who need assistance in qualifying for
mortgage financing.
2. To provide homeownership opportunities for low-income
enrolled members to better access the private mortgage market for homeownership
on tribal trust property.
3. To promote self-sufficiency of tribal members.
D. Purpose
of Policies: Policies have been
prepared to provide direction to staff for admission of applicants into the
housing program and for administering the requirements governing their
occupancy. The SHLA PROGRAM will be
implemented by NPTHA Housing Management through a staff of Housing
Counselors. Staff will conduct a
reasonable and broad based effort to solicit and accept applications from all
interested parties. After determining
eligibility, a waiting list of potential SHLA PROGRAM applicants will be
maintained according to criteria outlined in this policy.
E. Applicability
of Policies: All Participants are
subject to the policies of the NPTHA as now in effect or as hereafter
enacted or amended. A copy of such
policies is available for inspection and copying in the offices of the
NPTHA. A breach of such policies shall
be a breach of this Agreement.
1. The Board of Commissioners and staff will comply with
all applicable laws and regulations of the Department of Housing and Urban
Development (HUD), particularly CFR 1000.
Additionally, commissioners and staff must be in compliance with the Nez
Perce Tribal codes and Ordinances, applicable state and federal laws and
regulations, and NPTHA policies. Failure
for staff to be in compliance will be addressed through disciplinary action
that could result in termination of employment or removal from the Board.
2. Codes: Applicants as well as occupants are required
to adhere to the Nez Perce Tribal Code and other applicable laws with regard to
their personal conduct when it impacts their housing obligations and the rights
of others. Participants in this program
agree to adhere to the following covenants as long as they reside on the
premises as a renter and/or subsequently as a homeowner.
The following covenants
apply to any and all programs operated in the Sundown Heights Subdivision.
A. Sweat Houses
The
structure of your sweat house needs to demonstrate that you have pride and
dignity in your culture.
B. Home & Homesite Requirements & Maintenance
1.
The Resident is
responsible for planting and maintaining a yard.
2.
Each resident will
be responsible to maintain and keep clean and in good repair the exterior of
their home as well as all appurtenant resident structures such as decks, steps,
carports, storage buildings, and fences at all times. All wooden structures such as decks,
handrails, etc., shall be painted or stained as necessary to prevent their
visual and/or physical deterioration.
3.
Driveways, streets,
and Resident’s homesite, including porches and decks, are to be kept clean and
free from trash and litter at all times.
Garbage cans, gardening tools, equipment, bicycles and other personal
belongings must be stored in the Resident’s carport, garage, storage shed.
4.
Furniture left
outside a home shall be limited to outdoor or patio furniture. No household appliance or upholstered
furniture can be placed outside of the home.
Storage of any type beneath the home including any material of an
illegal or explosive nature is prohibited.
5.
Dead animals or
dead animal parts are not to be discarded outside the residence.
6.
Any unallowable
items left out may be removed by the NPTHA at the residents – homeowner’s
expense after complying with any notice requirements.
C. Residents & Guests
1.
Residents shall
respect the peace of the Subdivision and see that their guests do the
same. It is the responsibility of the
Resident to keep their children under control at all times. Neither Resident, their children, guests nor
any other person staying or visiting the Resident shall cause unreasonably loud
or disturbing noise between the hours of
2.
Residents are
responsible for the actions of occupants of their home, as well as guests,
licensees and invitees.
3.
Residents shall
conduct themselves and cause other persons who are on the premises with their
consent to conduct themselves in a manner which will not disturb his neighbors’
peaceful enjoyment of their accommodations and will be conducive to maintaining
the neighborhood in a decent, safe and sanitary condition. Excessive alcohol abuse, partying, fighting,
quarreling and any other action or activities that interfere with or disturb
the health, safety, or right to peaceful enjoyment of the premises by other
residents are prohibited.
4.
Home Occupations
are permitted, provided they are consistent with the NPTHA Home Business
Policy.
5.
Residents shall
refrain from, and to cause his household and guests to refrain from destroying,
defacing, damaging, or removing any part of the home or grounds.
D. Parking Vehicles
1.
No vehicle or
equipment over 10,000 pounds gross vehicle weight is allowed to be parked on
the street other than for service to the Resident. Inoperable vehicles or vehicle parts may not
be stored or left on driveway, Homesite or anywhere in the Subdivision. Inoperable vehicles will be impounded or
towed after 30 days of written notice.
The expense of such removal shall be assessed against the Resident. Resident parking is restricted to the
Resident’s driveway, carport, or garage.
2.
Vehicles may not be
parked on the street or parked in such a way as to extend into the street. Vehicles may not be parked in yards. Guests may park their vehicles in a Resident’s
driveway, carport, or garage or other designated parking areas when visiting a
Resident but must ensure that they are parked in a location so as not to block
any neighbor’s access, or restrict traffic flow within the Subdivision.
3.
Three wheelers, all
terrain vehicles, dirt bikes or the like are not allowed to operate in the
Subdivision.
E. Pets
1.
Residents and
owners shall keep no vicious animals.
All pets shall be confined to the yard and not interfere with neighbors’
peaceful enjoyment.
2.
Residents and
owners shall not keep farm animals, including horses, on the property.
3.
NPTHA Policies and
Tribal Ordinances shall apply as they now exist or hereafter are amended.
4.
Residents shall
keep no domestic animals on or about the leased premises without the prior,
express and written consent of NPTHA and evidence of registration with the
Nez Perce Tribe. There shall be a
non-refundable pet deposit due to the NPTHA.
F. Landscaping
1.
The Resident is
responsible for keeping all landscaping mowed, trimmed, watered, and due to
fire hazard, weeded and well maintained within their Homesite. If landscaping is not properly maintained and
has reached 6 inches, the NPTHA or the Tribe reserves the right to perform
whatever landscape maintenance may be required and charge the Resident per
established policy.
2.
Each Resident shall
install a sufficient amount of landscaping to prevent erosion and run off onto
neighboring homesites, as well as to provide a pleasant environment.
3.
The installation of
fencing is subject to approval by the NPTHA.
A request with sufficient information must be made to the NPTHA before a
decision can be made by the NPTHA.
Fencing is not permitted between the street and the front of the home if
it blocks visibility for auto traffic.
All homes will be fenced in a similar design upon NPTHA approval.
4.
Barbed wire, electrical
fencing or any type that could be hazardous is prohibited.
G. Utilities
1.
Payment for
electrical, telephone, cable TV, natural gas, propane and kerosene is the
responsibility of each Resident.
2.
Garbage, water and
sewer will be paid by the Resident including any deposits.
3.
Each Resident is
required to provide their own garbage cans.
These cans are to be in a form acceptable to the local trash collection
agency. If the Resident fails to remove
trash on a regular basis, arrangements will be made to have the trash picked up
at the Resident’s expense.
4.
Each Resident shall
be responsible for ensuring that there be no obstructions to access to any
water meter, water shut off valve, sewer clean-out, electrical/telephone/cable
TV pedestal which may be located on their Homesite.
H.
1.
The NPTHA has
expended funds to place pins marking the corners of the lots. Land corners are to be preserved and
maintained by the resident. Disturbance
of land corners is subject to prosecution and penalties.
I. Owner Homesite Improvements
1.
Owner shall be
responsible for installing all improvements in accordance with Section I, Item
2. Any additional improvements which the
Owner wishes to construct on his homesite must show the size, design and
materials to be used and be approved by the NPTHA.
2.
All alterations are
to be made according to applicable building codes. Any electrical and major plumbing work must
be performed by a licensed contractor.
Plans must be approved prior to commencement of any construction or lease
assignment.
J. New Construction
1.
New construction on
lots is subject to review and approval by the NPTHA. All construction activities must be in
accordance with the Uniform Building Code.
Plans and specification must be made available for evaluation. Inspection by a qualified building inspector
will also be required.
K. Manufactured/Modular Homes
1.
A structure that is
multi-sectional, encloses a space of not less than one thousand square feet,
consists of a minimum of 28 feet wide, and was built after 1998.
2.
The home must meet
the additional standards required by the lender and/or the NPTHA, including but
not limited to the following:
a.
The manufactured
home shall be placed on an excavated and backfilled foundation and enclosed at
the perimeter such that the home is located not more than twelve (12) inches
above grade; and comply with all FHA regulations regarding permanent
foundations.
b. A vapor barrier shall be
installed.
L. Unlawful Conduct
1.
The resident is
prohibited from using, causing to be used or allowing to be used any part of
said rented or leased premises for any unlawful conduct or purposes. Any unlawful conduct is prohibited and may
result in eviction and termination of the Use & Occupancy Agreement or assignment.
2.
Nez Perce Tribal
Law Enforcement is responsible for receiving and investigating any suspicious
or illegal acts. Residents are requested
to notify the local law enforcement agency for investigation and prosecution.
3.
The
M. Amendment of Rules
NPTHA
reserves the right to make reasonable modifications to these rules if needed
for health or safety purposes or necessitated by a change in Tribal Code or
Federal law. Residents will be given at
least 30 days notice of any such modification.
All enrolled members of the
Nez Perce Tribe are encouraged to submit applications as soon as possible
because of the extensive requirements for qualifying for homeownership. They also must be informed that if they need
assistance in completing the application, staff are available to assist
them. Federal law prohibits
discrimination based on race, color, creed, religion, national origin, sex, age
or handicap, although selection for the SHLA PROGRAM is limited to applicants
who are enrolled members of the Nez Perce Tribe in accordance with the
provisions of NAHASDA, Title II, Section 201 (b) 4.
A.
Application
Forms: There are specific forms that must be used to
complete an application depending on the type of assistance for which one is
submitting an application. The
application forms will be designed by staff to gather enough information to
allow a full assessment of the family’s background to determine and verify
eligibility, consistent with any applicable federal and NPTHA requirements and
the requirements of any other funding entity that are applicable at the time of
admission. These forms may be
supplemented with additional forms as deemed necessary by the Executive
Director for clarification purposes. The
minimum application forms generally required by the NPTHA include, but are not
limited to the following:
1.
Intake, the Uniform
Residential Loan Application (URLA) or program specific application.
2.
Consent for Credit
Report
3.
Homebuyer
Counseling Agreement
4.
Goal Statement
5.
Budget Worksheets
6.
Applicable
Verifications
7.
Client Action Plan
8.
Applicable Consents
to Release Information
B.
Application
Process: Families must submit a full and complete
application, including authorizations and evidence of prior attendance in
Housing Counseling and Homebuyer Education classes and sessions, before they
can be determined eligible or placed on a waiting list.
1.
In order to be
considered for occupancy in any housing program offered by the NPTHA, a written
(legible) application must be completed in consultation with a NPTHA staff
member.
2.
All applications
processed by NPTHA staff are entered in the Client Action Plan report database.
3.
The staff member
preparing an application must note the date and time when the application was
received.
4.
All information
provided in the application must be verified and documented before an
application is considered complete. In
the event there are concerns regarding the information obtained, the Housing
Counselor will report the concerns to the Executive Director. The Executive Director will request
information for review purposes from Board members and staff to either make a
decision or to refer the issue to the Board for Board action.
5.
After reviewing the
application data, the Housing Counselor will submit the file with a written
recommendation for action to another Housing Counselor who will review the file
and document in the file the concurrence or non-concurrence with the action to
be taken. If there is no agreement
regarding the action to be taken, the information will be forwarded to the
Executive Director for review and action.
All recommendations and actions are to be in the form of written
documentation.
6.
Once the
application is complete and eligibility has been determined, the applicant data
will be entered into the appropriate Waiting List database.
7.
In the event of a
rejection, the staff will notify the applicant in writing (certified mail
return receipt requested) of the basis of the determination and the right to
appeal the decision in accordance with the Grievance Policy.
8.
The Housing
Counselor will prepare a letter notifying the applicant of the resultant
placement on the Waiting List.
9.
The Waiting Lists
will be updated to the greatest extent feasible on a bi-weekly basis; however,
a minimum of a monthly update is required.
The Housing Counselor will provide the Waiting Lists on a monthly basis
to the Executive Director for inclusion
in the report to the Board at the next regularly scheduled meeting.
10. Waiting Lists (indicating applicants’ last four
digits of their social security number, bedroom size, lot preference, and
points) are to be posted for public view in the NPTHA office.
C.
Charges: There is no
application fee for NPTHA program assistance, although the applicant will be
responsible for other fees assessed by lenders in the event the Participant
successfully exercises their option to purchase. Also, the applicant is not responsible for
the cost of the initial credit report obtained by the NPTHA for the purposes of
qualifying for the SHLA PROGRAM.
D.
Communications: All
communications with the applicant must adhere to the following requirements:
1.
All official
notices must be in writing and signed by a Housing Counselor with a copy to the Executive
Director
2.
All verbal
communications are to be documented in the applicant file, indicating date,
time, content, and disposition.
3.
All written
communications or major inquiries from an applicant are to receive a written
response within 5 working days from the date of receipt.
4.
All phone calls are
to be returned within a maximum of two working days.
5.
All appointments
are to be confirmed in writing.
6.
All phone reminders
of appointments are to be documented in the applicant file, indicating date,
time, content, and disposition.
SECTION 4: WAITING LISTS ORGANIZATION
A.
Preferences: It is the
goal of the NPTHA to provide decent, safe, and sanitary housing for all
enrolled members. In accordance with
this goal, homeownership opportunities will be made available in accordance with
NPTHA established preferences. The
waiting list will be organized based on the established preferences.
1.
Preferences are
established to ensure that the benefits accrue to enrolled members of the Nez
Perce Tribe. Consequently, the following
definitions will apply:
2.
ALL NEZ PERCE
FAMILY means the head or heads of household and at least one child is enrolled
members of the Nez Perce Tribe. Nez
Perce couples are also included in the definition of all Nez Perce family. Only an enrolled member of the Nez Perce can
be the applicant.
3.
AN INDIAN FAMILY
means at least one of the heads of household is an enrolled member of the Nez
Perce Tribe. Only an enrolled member of
the Nez Perce can be the applicant.
4.
Single enrolled Nez
Perce members are considered a family only for the purpose of applying for a
lot.
B.
Waiting Lists
Organization: The NPTHA requires that Waiting Lists are
established and maintained for each type of housing assistance program. The NPTHA must maintain a separate Waiting
List for the SHLA PROGRAM and for each preference. Preliminary selection of applicants for new
construction or for a lot who meet all eligibility requirements of the SHLA
PROGRAM will be based on preferences established by the Board of Commissioners.
Placement on the Waiting List does not guarantee
selection. It indicates that at the time of verification
and certification, the applicant is eligible for the program and is to be
considered for selection.
C.
Maintaining
Waiting Lists: The following information is required to properly
maintain the waiting list:
1.
Minimum
Information:
a.
record number
b.
name and address
c.
community
preference
d.
lot preferences
e.
family size
f.
income
g.
date/time of
application
h.
Tribal
Affiliation/non-Indian
i.
offers (2)
(date/status)
j.
notification to
update
k.
recertification
date
l.
mortgage readiness
date
2.
Optional
information:
a.
source of income
b.
place of employment
c.
length of
employment
d.
Federal IRS Form
4506
e.
previous federal
housing assistance
f.
financing
capability
g.
disabled
h.
veteran
D.
The Waiting List
will be updated to the greatest extent feasible on a bimonthly basis; however,
a minimum of a monthly update is required.
1.
Waiting List
applicants must update their application on a yearly basis or they will be
removed and placed in the inactive file.
Applicants on the waiting list will be notified in writing one year
after the date of the initial application to update their application within a
specified time period. The efforts to
notify the applicant must be noted on the Waiting List by date.
2.
Yearly updates by
applicants will be noted on the Waiting Lists by date.
3.
Applicants who fail
to respond to the request to update their applications will be removed from the
Waiting List and transferred to the Inactive File.
E.
Reporting
Requirement: A summary of the Waiting List using social
security numbers for confidentiality must be prepared and submitted to the
Executive Director on a monthly basis.
A.
Filing
Requirement: All applications are filed as Active or
Inactive.
B.
File Management: When an
applicant is placed on the Waiting List, the application and all the supporting
documentation is maintained in the Active file.
All applicant files are organized alphabetically.
C.
Inactive File: Applicants
who are determined to be ineligible for whatever reason are placed in the
Inactive File, organized alphabetically by fiscal year. Inactive files will be set up in a data base
indicating the name, bedroom size, income, and date.
D.
File Retention: All Inactive
Files are retained for a minimum of 3 years.
All active files where the
option to purchase is not successfully exercised are retained for five years
after move-out in accordance with HUD Handbook 4350.3 Rev. 1, whichever is
less. In the event of home purchase, the
files will be retained for the length of the leasehold mortgage.
E.
Inactive File
Placement: Waiting List applicants will be placed on the
inactive waiting list when treated as follows:
1.
Staff has made a
determination of ineligibility.
2.
An applicant will
be offered no more than 2 homes. Only a
maximum of 15 days will be allowed for an applicant to accept or reject an
offer of a home. When an applicant
refuses 2 offers of a home, the applicant will be ineligible for a period of 1
year from the date of refusal of the second site of home offer.
F.
Confidentiality: Information
contained in the NPTHA files is confidential.
Only those with a need to know have the right to review the contents of
client files. Staff is prohibited from
discussing the contents of a client’s file with anyone other than NPTHA
staff. NPTEC and other Tribal officials
must have a court order to access applicant or occupant information unless the
applicant or occupant has signed a consent to release the information to the
requesting party.
The following eligibility
requirements must be met at a minimum prior to persons being considered for the
SHLA PROGRAM.
1.
ALL NEZ PERCE
FAMILY means the head or both heads of household and at least one child is
enrolled members of the Nez Perce Tribe.
All Nez Perce family includes a Nez Perce couple. Only an enrolled member of the Nez Perce can
be the applicant.
2.
AN INDIAN FAMILY
means at least one of the heads of household is an enrolled member of the Nez
Perce Tribe.
3.
Single enrolled Nez
Perce members are considered a family only for the purpose of applying for a
lot.
1.
Credit history will
be verified by a credit report and any or all of theses sources or other means
as determined by the NPTHA:
a.
Two or more
landlord or lender references detailing previous house payment history.
b.
Non-traditional
means.
2.
Use and maintenance
history will be documented by one or both of these sources:
a.
Landlord references
from the previous 5 years.
b.
Police/Court record
check.
If
negative reference on either the credit or use/maintenance history is obtained,
staff will notify the applicant in writing of the negative items found. The applicant will be afforded an opportunity
to respond in writing within 5 working days of the postmarked date of the
notice regarding any negative information derived from any source. The response will be taken into consideration
in determining the applicant’s eligibility.
1.
Documented family
income from sources which are not counted towards computation of adjusted
monthly income, i.e., per capita payments, etc.
2.
The family’s
ability to supplement income by providing its own foods, fuel, or other necessities.
3.
Prior history
indicating rental payments exceeding the NPTHA house payment.
4.
The family will be
required to sign a statement verifying that they are aware they are below
income and that they feel they are able to meet and maintain the payment calculated
by staff and pay for all maintenance expenses.
5.
History of
excellent repayment of all debt obligate.
6.
Good landlord,
creditor references.
7.
Stable savings
account.
The reasons for a
determination of ineligibility are based on NPTHA policies and other applicable
program regulations. Although an
applicant may meet the basic criteria for eligibility, any one of a number of
reasons can form the basis of a determination of ineligibility. Families who have applied for housing or who
have applied to add an additional occupant, and who, for any reason, have been
determined to be ineligible will be notified by staff in writing, stating the
reasons for their ineligibility. The
family would then be entitled to an informal hearing under the provisions of
the Grievance Policy. All information
relative to the rejection of an applicant family must be documented and placed
in the applicant family’s file for future reference.
A.
The following does
not represent an exhaustive list of reasons an applicant may be denied final
selection as a homebuyer; however, it is illustrative of many common reasons
for a determination of ineligibility.
1.
Failing to repay
previous debts owed to any housing authority or other HUD program.
2.
Conviction of fraud
in connection with any HUD program, or failing to disclose previously committed
fraud in connection with any HUD program.
3.
Prior conviction of
crime(s) of a sexual nature.
4.
Non-cooperation. Refusing or failing to complete required
forms or to supply requested information.
5.
Applicants who
appear on HUD’s List of Suspensions, Debarments, and Limited Denial of
Participation.
6.
The applicant
family does not qualify as a family according to the applicable program
requirements.
7.
The applicant
family does not meet the income requirements.
8.
Lack of verifiable
information
9.
The applicant
previously participated in the program.
10. Family composition is not compatible with the
occupancy standards applicable to the vacant unit.
11. The applicant family has a record of unsatisfactory
performance in meeting past financial obligations.
12. NPTHA records indicate that the applicant family has
an outstanding debt.
13. Applicant family has a record of destruction of
property, acts which would imperil the health, safety or peaceful occupancy of
neighbors, and/or disregard for the rights of others and the rules of
occupancy.
14. The applicant family has a pattern of violent
behavior. This includes evidence of
repeated acts of violence on the part of a member of the family or a pattern of
conduct constituting danger to peaceful relationships with neighbors.
15. The applicant family has a record of any illegal
activity which would impair the physical or social environment of the
surrounding neighbors, including but not limited to trafficking in drugs, use
and/or possession of drugs, prostitution, possession of explosives, illegal
possession of firearms, and crimes of violence against persons or property.
16. The applicant family has a history of unsanitary or
poor housekeeping habits.
17. The applicant family has provided false information
on the application or other application on file with NPTHA.
18. The applicant family has a history of lease
violations.
19. NPTHA Participants who were evicted for non-payment
of any financial obligation to NPTHA will be denied participation in NPTHA
housing assistance programs for at least one year from the date on which all
NPTHA debt has been retired and evidence of a good credit history is
verifiable.
20. NPTHA Participants who were evicted for violations
due to acts which threatened the health, safety and welfare or peaceful
enjoyment of others will be denied participation in NPTHA housing assistance
programs for at lease three (3) years and references are positive.
Consideration of Derogatory
Findings: One minor derogatory finding
will not be used as a basis for denial of eligibility or participation. However, a combination of derogatory findings
may be used as a basis for denial. The
inability to achieve mortgage readiness within 3 years is a major derogatory
finding. In this event, the applicant
will be advised to pursue housing through a rental program until such time as
the obstacles to mortgage readiness can be overcome within a maximum of 3
years.
Procedures
for verification will be in accordance with the verification guidelines
outlined in
HUD
Handbook 4350.3 Rev. 1 as it now exists or is hereafter amended.
See HUD Handbook 4350.3
Rev. 1 for additional guidance.
SECTION 9: SELECTION OF FAMILIES FOR A
A.
Selection of an
applicant who desires to purchase a lot includes a three step process.
1.
Applicants must
first be determined to be eligible.
2.
Secondly,
applicants must complete the homebuyer education requirements.
3.
Once eligibility
and qualification requirements have been met and the applicant has acquired
plans and specifications for a home, a Reservation Agreement for a lot will be
executed between the NPTHA and the applicant will be placed on the list of
those waiting to meet the terms of the Reservation Agreement. Waiting List applicants have a maximum of 60
days to secure construction financing.
Selections from the preference list for a final lot assignment will be
made according to the date the Reservation Agreement is issued.
B.
Eligibility: The applicant
must be an enrolled member of the Nez Perce Tribe and meet the general eligibility
requirements cited in Section 6 and completion of the following at the time of
selection from the waiting list:
1. Attendance of adult family
members in the Sundown Heights Hills Homebuyer Education classes
2. Intake Form
3. Consent to Release Credit
Information
4. Homebuyer Education
Counseling Agreement
5. Personal Assessment.
C.
Qualifications: In order to
qualify for a lot reservation in the Sundown Heights Hills Subdivision,
applicants must demonstrate that they can immediately meet lender
qualifications, including but not limited to homebuyer education classes,
detailed cost estimate, plans and specifications and loan requirements. The lender will determine the qualifying
factors to be used in mortgage approval, but typically they include credit
history, household, income, ability to afford a mortgage payment, meet all
other debt obligations, and provide construction plans and specs that meet the
requirements of the NPTHA and the lender.
Charges for improvements to the lot will apply for all moderate- and
above-moderate-income families. The
applicant has a maximum of 60 days from the date of the Reservation Agreement
to obtain construction financing.
D.
Preferences: Preferences
are established for 2 categories of preferences. The NPTHA will give first preference to
families consisting of all Nez Perce members enrolled in the Nez Perce
Tribe. A second category of preference
will be given to enrolled members of the Nez Perce Tribe whose family composition
includes non-enrolled Nez Perce members.
There are a total of 8 waiting lists.
See the definitions for family type and composition. Waiting lists are established for each preference
as follows:
1.
Waiting List Preference1: All Nez Perce
families who have never been assisted, do not own a home, are Low- or moderate
income and meet all qualifications to obtain construction financing within 60
days.
2.
Waiting List
Preference 2: All Nez Perce families who do not own a home,
have been previously assisted but did not achieve homeownership for acceptable
reasons, are Low- or moderate-income, and meet all qualifications to obtain
construction financing within 60 days;
3.
Waiting List
Preference 3: All Nez Perce families who do not own a home,
are currently assisted by a NPTHA homeownership opportunity program but have
not yet achieved homeownership, are Low- or moderate-income, and can meet all
qualifications to obtain construction financing within 60 days, and the following requirements:
a.
MUTUAL HELP
(1)
Able and willing to
relinquish rights under the MHOA to apply for an SHLA PROGRAM house in order to
meet HUD occupancy standards
(2)
Existing MH
residence does not comply with HUD occupancy standards.
(3)
Family must have a
good payment history
(4)
Any equity
remaining after all costs associated with the existing mutual help have been
meet must be applied to the new unit or remain with the NPTHA as determined by
the NPTHA, and;
(5)
Any costs exceeding
the equity balance must be paid prior to acceptance.
b.
STARTER HOME
(1)
Family must have a
good payment history;
(2)
Family must leave
the home in good condition for resale;
(3)
Any costs to bring
the home to resale condition exceeding the deposit must be paid prior to
acceptance.
4.
Waiting List
Preference 4: An Indian family with a Nez Perce applicant
who has never been assisted, does not own a home, is Low- or moderate-income,
and meets all qualifications to obtain construction financing within 60 days;
5.
Waiting List
Preference 5: An Indian family with a Nez Perce applicant
who does not own a home, has been previously assisted but did not achieve
homeownership for acceptable reasons, and is Low- or moderate-income and meets
all qualifications to obtain construction financing within 60 days;
6.
Waiting List
Preference 6: An Indian family with a Nez Perce applicant
who does not own a home, is currently assisted by a NPTHA homeownership
opportunity program but has not yet achieved homeownership, is Low- or
moderate-income, and can meet all qualifications to obtain construction
financing within 60 days and the following conditions:
a.
MUTUAL HELP
(1)
Able and willing to
relinquish rights under the MHOA to apply for an SHLA PROGRAM house in order to
meet HUD occupancy standards
(2)
Existing MH
residence does not comply with HUD occupancy standards.
(3)
Family must have a
good payment history
(4)
Any equity
remaining after all costs associated with the existing mutual help have been
meet must be applied to the new unit or remain with the NPTHA as determined by
the NPTHA, and;
(5)
Any costs exceeding
the equity balance must be paid prior to acceptance.
b.
STARTER HOME
(1)
Family must have a
good payment history;
(2)
Family must leave
the home in good condition for resale;
(3)
Family must be able
to qualify for mortgage assumption within six (6) months, and
(4)
Any costs to bring
the home to resale condition exceeding the deposit must be paid prior to
acceptance.
7.
Waiting List
Preference 7: All Nez Perce families who do not own a home
and do not meet any of the above Waiting List categories, are Low- or
moderate-income, and meet all qualifications to obtain construction financing
within 60 days;
8.
Waiting List
Preference 8: An Indian family with a Nez Perce applicant
who does not own a home, does not meet any of the above Waiting List
Categories, is Low- or moderate-income, and meets all qualifications to obtain
construction financing within 60 days.
E.
Procedures: The table below
provides a general summary of the procedures for acquisition of a lot and
construction-built home or placement of a new modular home.
|
CRITERIA |
TIME FRAME |
DOCUMENTATION |
|
Homebuyer
Counseling |
12 hours
total required |
HBC
Certificate; determine when mortgage ready; remove obstacles, if any, to
mortgage readiness. |
|
Personal
Assessment |
|
Intake
Form, Consent to Release Credit Info.
Meet with Counselor to review financial status and ability to apply. |
|
Identify
possible lots |
|
Counselor
provides summary of assessment in writing to applicant. Meet with assigned Counselor to look at
possibilities and obtain lot and homesite dimensions, drawings, etc. |
|
Acquire
house plans and specs; Detailed cost estimate using 184 forms; Obtain
builder’s packet, Builder approval from lender |
|
Obtain
Lender and NPTHA requirements |
|
Select lot
on first come, first serve basis by date of Reservation Agreement |
60 DAYS |
NPTHA will
provide legal description information and initiate assignment. Copy of covenants and specifications for
placement of home on lot provided by the NPTHA. Applicant will obtain additional
information regarding requirements from the NPTHA depending on the type of
structure to be constructed. |
|
Sign Reservation
Agreement |
A Reservation
Agreement must be executed between the NPTHA and the applicant to
secure a lot. Construction financing
must be secured within 60 days from the date of issuance of the Reservation
Agreement. |
|
|
Ability to
meet lender qualifications: ·
TSR ·
Appraisal ·
Letter
from HUD re: Environ. ·
Insurance ·
Closing
Costs ·
Etc. |
Lender
loan documents must be provided to NPTHA via a consent to release
information. Lender must provide Good
Faith Estimate, Loan commitment info, etc., Environmental Review information
will be provided by the NPTHA to the applicant for the lender |
|
|
Apply for
NPTHA down payment assistance if applicable. |
NPTHA MFA
Application & Supporting documentation. |
F.
Unmet
Requirements: Failure to complete the construction
financing requirements within the required time frame will result in the
removal of the applicant from the waiting list for 6 months or until all those
on the waiting list as of the date upon which the 60 days ends are served or
whichever comes first.
A.
Policy: It is the
policy of the NPTHA to use the definition of income (e.g., IRS, Census, Section
8) most advantageous to the family or to the housing entity as provided by NAHASDA.
B.
Verification: Section
1000.128 of NAHASDA requires the NPTHA to verify that the family is income
eligible based on anticipated annual income.
The family household’s annual income may not exceed the applicable
income limits (NAHASDA Guidance No. 2004-03 Income Limits dated
C.
Documentation: The family is
required to provide verifiable income documentation to verify this
determination. The NPTHA is required to
maintain the documentation on which the determination of eligibility is
based. The NPTHA will require a family
to periodically verify its income in order to determine housing payments, fees,
household composition, or continued occupancy.
D.
Income Limits: Whenever HUD
funds are used to assist a family, the NPTHA will utilize the HUD national
median income limits as amended annually as the applicable income limits.
E.
Applicable
Definition: The NPTHA will use the meaning of annual
income as defined for HUD’s Section 8 programs in 24 CFR, part 5, subpart
F. In using the HUD’s Section 8 program
definition of annual income the NPTHA will exclude from annual income any
amounts that are on the list of Federally Mandated Exclusions as amended from
time to time in the Federal Register.
F.
Meaning of
Annual Income: Annual income is defined in accordance with
Section 8 and 24 CFR Part 5, Subpart F (Section 5.609). The implementing handbook, HUD Handbook
43501.3, is included as Attachment C.
G.
Calculation of
Income: Income will be calculated in accordance with
the procedures outlined in HUD Handbook 4350.3 as it now exists or is hereafter
amended (Attachment C).
A.
Use of the Home
1.
The
tenant and the NPTHA are jointly responsible to the Tribe and future
generations for ensuring that homes are used properly and are well maintained.
2.
It
is the responsibility of each tenant to take pride in their home by keeping it
and the grounds in a decent, safe and sanitary condition at all times.
3.
Tenant
are responsible for all home repairs and are expected to perform necessary
maintenance in a timely manner.
B.
Home Business Use : A tenant must request prior written
approval from the Executive Director to operate a small home business in their
unit. The request is subject to the
conditions specified in the NPTHA Home Business Use Policy.
SECTION 12: CLIENT ACTION PLAN & HOUSING COUNSELING
SECTION 13: CONSTRUCTION DESIGN REQUIREMENTS
SECTION 14: SHLA MANAGEMENT FEE
A
management fee may be assessed to each resident to ensure coverage of maintaining
and operating the Sundown Heights Subdivision common areas and utilities. The fee may be modified annually to reflect
actual costs.
SECTION 15:
MAINTENANCE AND REPAIR
A. Responsibility: The Resident will, at his sole expense, keep
and maintain the leased premises, including the grounds, buildings,
improvements and appliances in good order, good repair, safe and clean and
sanitary. Each Resident shall at all
times be obligated to maintain his property and all improvements thereto, as
well as the boundary lines of his/her Lot and the curb or edge of the pavement
of the adjacent streets, so as to keep the same in a clean, manicured and safe
condition. The Resident’s maintenance
obligation shall include, without limitation, the maintenance of all visible
exterior surfaces of all buildings and other improvements; the prompt removal
of all debris and refuse; the removal and replacement of dead and diseased
trees and plantings, the mowing, watering and upkeep of all landscaping and
grass.
B. In the event a
Responsible Party fails to maintain his/her Lot as herein required, the NPTHA or
the Tribe shall have the right, but not the obligation, to enter upon the
applicable Lot to perform the necessary work.
Charges and fines shall be assessed against the Resident to pay the cost
of such work.
C. The Resident shall
make all necessary repairs to the dwelling with reasonable promptness at his
own cost and expense, including repairs and replacements necessitated by damage
from any cause.
D.
Notification:
Although the Resident is responsible for all maintenance, the Resident shall
notify the appropriate Tribal department promptly of all known need for repairs
and of any known unsafe conditions on the premises or grounds, which may either
lead to damage or to injury.
E.
If
the condition of the property creates a hazard to the life, health or safety of
the occupants and the tenant fails to correct the deficiency in an expeditious
manner, the Tribe shall have the work done, and charge the cost thereof to the Resident.
SECTION 16: HOUSEKEEPING STANDARDS
In an effort to improve the livability and conditions of the
Sundown Heights Subdivision, uniform standards for resident housekeeping have
been developed for all residents of the Subdivision.
General–
‘
Walls
should be clean, free of dirt, grease, holes, cobwebs, and fingerprints.
‘
Floors
should be clean, clear, dry and free of hazards
‘
Ceilings
should be clean and free of cobwebs.
‘
Windows
should be clean and not nailed shut with shades or blinds intact.
‘
Woodwork
should be clean, free of dust, gouges, or scratches.
‘
Doors
should be clean, free of grease and fingerprints, with functional locks.
‘
Heating
units should be dusted and access uncluttered.
‘
Trash
shall be disposed of properly and not left in the unit.
‘
Entire
unit should be free of rodent or insect infestation.
Kitchen--
‘
Stove
should be clean and free of food and grease.
‘
Refrigerator
should be clean. Freezer door should
close properly and gaskets should be clean.
‘
Cabinets
should be clean and neat. Cabinet
surfaces and counter tops should be free of grease and spilled food. Cabinets should not be overloaded. Storage under the sink should be limited to
small or lightweight items to permit access for repairs.
‘
Exhaust
fan filters should be free of grease and dust.
‘
Sink
should be clean, free of grease and garbage.
Dirty dishes should be washed and not stored in the sink.
‘
Food
storage areas should be neat and clean without spilled food.
‘
Trash/garbage
should be stored in a covered container until removed to the disposal area.
Bathroom--
‘
Toilet
and tank should be clean and odor free.
Condensation should be wiped regularly.
‘
Tub
and shower should be clean and free of mold and mildew. Where applicable, shower curtains should be
in place, and of adequate length to prevent spillage.
‘
Sink
should be clean.
‘
Vanities
should be kept clean and free of water leakage.
‘
Exhaust
fan should be free of dust.
‘
Floor
should be clean and dry.
Storage
Areas--
‘
Linen
closet should be clean.
‘
Other
closets should be clean.
‘
No
highly flammable materials should be stored in the unit.
‘
Other
storage areas should be clean and free of hazards.
‘
Yards
are to be free of debris, trash, and inoperable vehicle and vehicle parts.
‘
Exterior
walls should be free of graffiti.
‘
Porches
(front and rear) should be clean and free of hazards. No items are to be stored on the porch. Outdoor porch furnishings shall not impede
access to the unit.
‘
Steps
(front and rear) should be clean and free of hazards.
‘
Sidewalks
should be clean and free of hazards.
‘
Storm
doors should be clean, with glass or screens intact.
‘
Hallways
should be clean and free of hazards.
‘
Yards
are to be maintained at the tenant’s expense.
‘
Laundry
areas should be clean and neat. Lint
should be removed from dryers after use.
‘
Utility
room should be free of debris, motor vehicle parts, and flammable materials.
SECTION 17:
ASSIGNMENT AND SUBLETTING
Assignment can
only be made by the NPTHA in accordance with the Homesite Lease.
SECTION 18:
RISK OF LOSS/INSURANCE
Responsibility for the provision of fire and other peril insurance
on the premises is as follows:
A.
It
shall be the sole responsibility of the resident to obtain fire and other peril
insurance covering their personal property.
B.
It
shall be the responsibility of the homeowner to obtain hazard insurance
sufficient in amount and kind as required by the Mortgage. Upon final payment on their mortgage it shall
remain the responsibility of the Homeowner to maintain Hazard insurance on
their home and property.
C.
Evidence
of the homebuyer’s understanding of the requirements for insurance shall be
documented by a statement signed by the homebuyer attesting to the receipt of
information from the NPTHA staff regarding insurance requirements.
In the event the premises shall become
untenantable by reason of fire or other casualty, resident shall WITHIN 90 DAYS
bring the lot and the premises to standard condition or ASSIGNMENT OF LOT SHALL
BECOME NULL AND VOID.
SECTION 20: PURCHASE PRICE FOR LOTS
A.
Low-Income AND
MODERATE-INCOME Families: The purchase price for a lot for a low-income
AND MODERATE-INCOME families is forgiven.
B.
Above Moderate-Income
Families: The purchase price for a lot for above
moderate-income families is $5,000. The
family must meet the criteria set forth in the Non Low-Income Policy and meet
the approval of HUD-ONAP.
A.
Death of
Homeowner: In the event of the death of the homeowner,
the provisions of the Nez Perce Life Estate Code may apply.
1.
Enrolled members of
the Nez Perce Tribe, with a leasehold interest in Trust lands, may bequeath by
a Will a life estate in their leasehold Trust land and any improvements thereon
to their non-enrolled spouse and or their non-enrolled children. The non-enrolled spouse and or the
non-enrolled children shall be permitted to use and occupy the leasehold during the course of their
lifetime subject to the same terms and conditions of the enrolled deceased
member, which may include any outstanding mortgage. The non-enrolled spouse and or non-enrolled
children can never inherit the land or any improvements thereon. Upon the expiration of these life estates the
leasehold interest in the land and any improvements thereon shall be
transferred and conveyed to an enrolled member pursuant to the terms of the
deceased enrolled member’s Will.
2.
In the event that
an enrolled member dies intestate (without a will), his non-enrolled surviving
spouse and or non-enrolled children may elect to take a life estate in the
leasehold lands and any improvements thereon.
The non-enrolled spouse and or the non-enrolled children shall be permitted to use and occupy the
holding during the course of their lifetime subject to the same terms and
conditions of the enrolled deceased member, which may include any outstanding
mortgage.
3.
The non-enrolled
spouse and or non-enrolled children can never inherit the land or any
improvements thereon. Upon the
expiration of these life estates the leasehold interest in the land and any
improvements thereon shall be transferred, conveyed and sold to the Tribe
pursuant to 43 CFR Part 4 at the appraised value. The non-enrolled spouse and or non-enrolled
children may decline to take a life estate in the Leasehold and sell to the
Tribe that leasehold interest pursuant to 43 CFR Part 4, Tribal Purchase of
Interests Under Special Statutes.
In the event that a member of the tribe relinquishes
their membership in the Nez Perce
Tribe while being the Lessee
or Assignee of a residential Lease from the Tribe, then said member Lessee or
Assignee of a residential Lease from the Tribe shall be responsible for making
monthly Lease payments to the Tribe in the amount of $400.00 per month during
the duration of the Lease
period. These payments are in addition to any monthly
mortgage payment or other contractually obligated payments owed by
Lessee-Assignee for which the Leasehold is collateralized. Failure to make said Lease payments on a
monthly basis shall constitute a default of the Lease or Assignment which may
result in foreclosure on the Lessee or assignee’s interest in the leased
premises and any and all real improvements located thereon.
Any notices or demand to be
given, served, or made shall be validly and sufficiently given, served, or
made, if from the NPTHA to the homeowner, if the same is deposited in the
United States mail, by certified mail, return receipt, postage prepaid,
addressed to the homeowner at:: ;
and, if from the homeowner to the NPTHA, if the same is deposited in the United
States Mail, by certified mail, return receipt, postage prepaid, addressed to
the NPTHA at: . The service of such notice shall be deemed
complete by the said deposit thereof in the United States Mail as
aforesaid. Either party, may, by notice
to the other in writing, designate a different place to which notices shall be
sent.
No waiver by the NPTHA of any term, covenant or,
condition of this Sundown Heights Hills Subdivision Policies shall be construed
as a continuing waiver thereof, nor a waiver of any other term, covenant, or
condition of this Policy. Each and every
default on the part of the homebuyer shall be considered a separate and a new
breach of the Policy, irrespective of whether or not other defaults exist at
that time.
The
Executive Director will have the authority to waive this policy as it relates
to compensating factors.
Modifications of the Sundown
Heights Lease Acquisition Policy are subject to approval by the Board of
Commissioners. Matters incorporated in
the Policy by reference shall be publicly posted in a conspicuous manner in the
NPTHA’s office and a copy shall be furnished to the homeowner on request. If such schedules, rules and regulations are
modified as to substance, the NPTHA shall give at least 30-days written notice
to each affected homebuyer through a mass mailing setting forth the proposed
modification, the reasons therefore, and provide an opportunity to present
written comments which shall be considered by the NPTHA prior to the effective date
of the proposed modification.
Whenever used throughout
this policy, unless the context shall otherwise provide, the singular number
shall include the plural, the plural the singular, and the use of any gender
shall include all genders.
“Board of Commissioners” means the governing body of the Nez Perce Tribal Housing Authority.
“Common Area” means all real
property, including improvements thereto, within the Subdivision which has been
leased to the Nez Perce Tribal Housing Authority by the Tribe for the common
use and enjoyment of Residents of the Subdivision.
“Housing
Authority” means the Nez Perce Tribal Housing Authority, a
public body duly established by the Nez Perce Tribe.
“
“Minor Child” means any biological or adopted child under the age of eighteen (18)
years.
“Nez
Perce Tribal Executive Committee” means the
duly elected governing body of the Tribe pursuant to the Tribal Constitution.
“NPTHA” means the Nez Perce Tribal Housing Authority, a public body duly
established by the Nez Perce Tribe.
“Reservation” means all lands within exterior boundaries of the Nez Perce Tribe Reservation
according to the 1855 Treaty.
“Residence” means a single-family home constructed or proposed for construction on a
“Resident” means any person who resides within the Subdivision.
“Responsible
Party” means a person or persons within each household who
is solely or jointly with others legally responsible for compliance with this
policy. Such legal responsibility shall
be presumed to be vested in (i) the lessee under a lease or use and occupancy
agreement with the Housing Authority; (ii) the equitable owner or titleholder
of a Residence within the Sundown Heights Subdivision; and (iii) the assignee
of a
“Spouse
of Tribal Member” means an individual who is
lawfully married to a Tribal Member.
“Surviving
Spouse of Tribal Member” means the widow or widower of a
deceased Tribal Member.
“Tribal
Constitution” means the Constitution of the Nez
Perce Tribe, including any amendments thereto.
“Tribal
Member” means an enrolled member of the Nez Perce.
“Tribe” means the Nez Perce Tribe, a sovereign Indian Nation and a
federally-recognized Indian Tribe.