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Lac Courte Oreilles Tribal Code of Law.

PRP.7.12.080 Relocation Procedures

The following procedures shall be used by Housing Authority staff in the implementation of this subchapter. Relocation, when necessary, shall be accomplished in a cost-effective manner and for the shortest duration of time possible to minimize the disruption to the affected families.

(a) Notices. The Executive Director or his/her designee shall ensure that the following types of notices are issued to the residents to be affected by the modernization or rehabilitation work.

(1) At the time that the Housing Authority submits an application for funding to HUD for any activity that may require relocation of residents of the Housing Authority, an initial notice shall be issued to all affected residents. The initial notice shall include, at a minimum, the following information:

(A) A statement of non-displacement.

(B) A statement advising the family not to move at this time.

(C) A statement that if the family moves at this time they relinquish all rights to relocation benefits.

(D) A statement that the family will be able to reoccupy a rehabilitated house in the same project (or the same house if it is a Mutual Help unit).

(E) A statement that the family will be informed of any events or occurrences that will impact the rehabilitation of their house.

(F) A statement that the family's required monthly payment shall not increase as a result of rehabilitation or modernization work being performed on their house.

(2) Upon notification by HUD of project approval, the Executive Director or his/her designee shall ensure that a second notice is issued to all affected residents again advising them not to move and that they will be notified in sufficient time to prepare for the temporary move.

(3) At least three weeks prior to the move, the Executive Director or his/her designee shall ensure that the final notice is mailed to all families that will be temporarily relocated to begin preparation for the move. The notice shall include a Schedule of Eligible Costs and at least the following information:

(A) The date of the move and the approximate duration of the temporary relocation.

(B) The address of the unit to be occupied by the family for the duration of the temporary relocation.

(C) A statement that the family will be returned to a similar rehabilitated unit (or the same house if it is Mutual Help).

(D) The name and telephone number of the Housing Authority employee to contact for assistance before and during the period of relocation.

(b) Identification/Preparation of Temporary Housing Units. To the greatest extent feasible, the Housing Authority shall utilize vacant housing units for housing relocated families. All units to be utilized for relocation shall be decent, safe, and sanitary, and shall meet Tribal and HUD Housing Quality Standards.

(1) The relocation coordinator shall work closely with the Maintenance Director to identify an adequate number of units for relocation purposes. The maintenance department shall be responsible for ongoing maintenance of the units during the period of relocation.

(2) The relocation coordinator shall also coordinate with the Resident Services Specialist assigned to the families to ensure that the required services (electric, water, sewer, telephone, etc.) are transferred to the relocation unit. All services shall be in the name of the family and will be the responsibility of the family (as in the unit from which they are being moved).

(3) The relocation coordinator or his/her designee shall make arrangements for storage facilities (if needed), and for moving of the family(ies) possessions to the temporary relocation unit.

(4) The relocation coordinator and the Resident Service Specialist assigned to the family, shall conduct a move-in inspection with at least one adult of the family being relocated, prior to the move-in. Deficiencies (if any) shall be noted on the inspection form and shall be signed by the adult family member and the relocation coordinator or the Resident Services Specialist. One copy of the inspection form shall be given to the adult family member, one shall be maintained in the family's relocation file, and one shall be forwarded to the maintenance department so the deficiencies (if any) can be scheduled for correction by the maintenance staff.

(5) In instances where the modernization work would require the family's absence from the unit for a period of less than five working days, the Housing Authority may offer the family the option of staying in a nearby hotel/motel, provided it is cost effective to do so, and the family accepts the offer.

(6) Where the family is not required to move but is unable to use the kitchen for food preparation, the relocation coordinator is responsible for ensuring that meal vouchers are issued to the family prior to, or on the day that the work begins which makes the kitchen unavailable to the family.

(c) Completion of Relocation. At the end of the relocation period, the following actions shall be completed.

(1) The relocation coordinator, with the assistance of the Resident Services Specialist shall schedule the movers to transfer the family back to the rehabilitated unit. The Resident Services Specialist will have transferred all utilities back to the rehabilitated unit in the family's name. A move-in inspection shall be conducted in accordance with established procedures.

(2) The relocation coordinator and the Resident Services Specialist with at least one adult family member shall conduct a move-out inspection of the relocation unit. Deficiencies (if any) shall be noted on the inspection form. A copy of the form shall be given to the family, along with charges for all family-caused damages. A copy shall be forwarded to the maintenance department, and one maintained in the relocation file.

(3) The relocation coordinator or his/her designee shall prepare a form HUD-40054, Claim for Moving and Related Expenses for each family, to document all costs associated with the relocation. The form shall be forwarded to the Executive Director for approval. Upon approval, one copy shall be maintained in the relocation file, and one forwarded to the Finance Officer who will process payment of the claim.

(d) Recordkeeping.

(1) The relocation coordinator shall be responsible for ensuring that all records associated with the relocation of families are properly maintained. All records shall be maintained for a minimum of three years. The following documents (at a minimum) shall constitute the record of relocation:

(A) Documentation of all contacts with the affected family(ies).

(B) A list of all persons authorized to occupy the unit at the time the Housing Authority determined the family's eligibility for relocation assistance.

(C) Copies of timely written notices of non-displacement.

(D) Copy of timely offer of temporary relocation dwelling.

(E) Copies of all relocation needs and preferences of, and services provided to the affected family(ies).

(F) Copies of all referrals and notices issued.

(G) Individual Relocation Plan.

(H) Records for all expenditures incurred for the family associated with the relocation.

(I) A copy of any appeal/complaint filed and the Housing Authority's response.

(J) For participants who elect to relocate permanently, the records shall include a statement of the reason(s) why, and documentation of Housing Authority's contacts with the participant to explain available alternatives. The record shall also contain a statement signed by the participant acknowledging that they will not be eligible for relocation payments as a "displaced person".