PRP.7.5.180 Tenant Financial Obligations and Responsibilities
(a) Monthly Rent.
(1) Due Date. Rent and homebuyer payments are due on or before the 10th day of each month.
(2) Where and How to Make Payments.
(A) Rent payments may be made at the Housing Authority administrative offices or sent by mail to LCO Housing Authority, 13416 W Trepania Road, Hayward, WI 54843. Cash should not be sent by mail.
(B) Payments may be made by cash, money orders, personal checks, or credit/debit cards.
(C) Tenants shall be strongly encouraged to participate in employer payroll deduction programs so that rent payments are automatically paid each month.
(3) Rent Calculation. Rent is based upon a family's annual income minus authorized deductions; the resulting adjusted income is divided by twelve months which will be the adjusted monthly income (AMI). The resulting AMI will be multiplied by a percentage not to exceed 30% but in no instance will the rent be less than $25 per month.
(A) Any rent calculation percentages that are less than 30% will be subject to Board of Commissioner review and Tribal Governing Board approval by passage of a formal resolution.
(B) Monthly rent shall also consist of other additional monthly charges assessed by the Housing Authority, as further defined in this ordinance or other Housing Authority policies.
(4) Anticipated Annual Income. If it is not feasible to anticipate a level of income over a 12-month period, the income anticipated for a shorter period may be annualized subject to a redetermination at the end of the shorter period.
(A) If a Tenant is employed for a pre-determined length of time (e.g. teachers), their payments may still be calculated on an annual basis, with a 12-month calculation, and a monthly charge for each of the 12 months of the year.
(5) Non Low-Income Family. A family that was low-income at the time of initial occupancy but subsequently becomes a non-low-income family due to an increase in income may continue to participate in the program in accordance with the admission and occupancy policies. Such families may continue to participate in the program subject to the following additional requirements;
(A) Non-low-income families cannot receive the same benefits provided low-income Indian families. The amount of assistance non-low-income families may receive will be determined as follows:
(i) The rent to be paid by a non-low-income family cannot be less than: (Income of non-low-income family/Income of family at 80 percent of median income) × (Rental payment of family at 80 percent of median income) but need not exceed the fair market rent or value of the unit.
(6) LIHTC Program. The Gross Rent (tenant paid rent plus utility allowance) will not exceed the LIHTC maximum rent limits established for Sawyer County.
(b) Ceiling Rents. Maximum ceiling rent determination will be subject to Board of Commissioner review and Tribal Governing Board approval by passage of a formal resolution.
(c) Recertification. The Housing Authority shall conduct a recertification once every two-years on the anniversary of the move-in date. The Housing Authority may conduct a recertification at any other time that the Housing Authority believes conditions have materially changed from the last certification or as requested by the Tenant due to a change in household income or family composition. Recertification may include a re-examination of the criminal records of all adult members of the household, and of all juvenile members to the extent allowed by law.
(1) LIHTC Program. Housing Authority shall require all households residing in LIHTC units to complete recertification paperwork annually.
(A) The head-of-household must complete the recertification form to include all household members and all adult household members must sign the Release of Information and any other forms required by the Housing Authority.
(B) The Housing Authority shall verify information provided at the time of recertification in accordance with Section PRP.7.5.080(c) of this ordinance, Verification and Certification of Family Income and Composition.
(d) Effective Date. All increases in rent or other payments shall take effect on the 1st day of the second month following the date of the recertification. Decreases in rent will take effect immediately on the 1st day of the next month.
(e) Housing Authority Purchased Utilities/Sanitation Services. A monthly charge for gas, electricity, water/sewer and sanitation services shall be assessed for those units which the Housing Authority pays, as determined by the Housing Authority. Failure to pay these assessed charges will be cause for eviction.
(f) Tenant Purchased Utilities. All utilities provided to the unit will be in the name of the head of household, unless otherwise approved by the Housing Authority. Failure to maintain the utilities is cause for eviction. Further, the head of household, as the Tenant of record, will sign a Release of Information for each utility to allow the Housing Authority to receive utility information on the unit as requested.
(g) Miscellaneous Charges.
(1) Late Fees. If payments are not received by the 10th day of the month, a late fee as determined by the Housing Authority, will be assessed.
(2) Returned Check Fees. If a check is returned for insufficient funds, a fee as determined by the Housing Authority will be assessed to the Tenant's accounts receivable and the Tenant will no longer be able to pay with a personal check for a period of twelve (12) months. The Tenants name will be place on a bad check list, which will be placed in a location visible to the general public.
(3) Insurance Related Charges. The Housing Authority will charge the Tenant for any insurance deductibles or damages to the units which are the result of the Tenant's negligence, damages or misuse of the property. The Tenant will be allowed an appropriate period of time to correct the situation. If the corrective action is not completed within the appropriate period, eviction proceedings may commence, unless satisfactory arrangements are made. If negligence, damages or misuse are repeated, eviction proceedings may commence.