Saulteau First Nations Housing Policy. Adopted August 13, 2015

Transcription

1 HOUSING POLICY 2015

2 Saulteau First Nations Housing Policy Adopted August 13, 2015 PREAMBLE A. This Housing Policy sets forth the guiding policies, procedures and mutual responsibilities of the Saulteau First Nations and SFN Citizens in the administration of housing resources on Reserve Lands. B. This Housing Policy is based on the shared belief of the Saulteau First Nations that shelter is a treaty right, though the Crown has failed to honour it; and that housing is an essential service that affects the health and well-being of SFN Citizens. C. Saulteau First Nations works diligently, with the limited resources available, toward the objectives of: giving SFN Citizens access to good quality housing on Reserve Lands that is appropriate for their needs; fostering pride and personal responsibility among SFN Citizens for our housing and our community; establishing and operating an economically sustainable housing program on Reserve Lands. D. To advance these objectives, Saulteau First Nations, operating in accordance with prudent business practices and remaining fiscally responsible, will: respond to SFN Citizens housing requests and needs on Reserve Lands in an equitable and consistent manner; continuously strive to protect and improve the housing stock on Reserve Lands; inform SFN Citizens of Saulteau First Nations housing initiatives; administer this Housing Policy in a fair, transparent and accountable, and to honour the customary practices and teachings of the Saulteau First Nations. E. This Housing Policy is adopted on the authority of the SFN Leadership after consultation with SFN Citizens. It will be revised and updated, from time to time, by the SFN Leadership to address the changing needs and aspirations of the SFN Citizens. 2

3 CHAPTER 1 1. DEFINITIONS 1.1 Defined Terms. In this Housing Policy: (a) Allotment means an SFN Citizen s interest to exclusively possess and occupy an Individual Housing Unit and the Building Site upon which it is situate subject to continuing compliance with this Housing Policy and for greater certainty, does not have the same meaning as section 20 of the Indian Act; (b) Alteration means any additional building, structure or similar thing constructed and also any interior or exterior change, alteration, renovation, substitution or replacement made to a Housing Unit or Building Site; (c) Applicant means a SFN Citizen who has applied for a Rental Unit, a Rent-to- Own Unit, a Building Site or financing assistance in accordance with this Housing Policy; (d) Arrears means any monetary amount payable by a SFN Citizen or SFN Designate to Saulteau First Nations which is unpaid and outstanding; (e) Arrears Plan means a plan in the form set out in Schedule 1 to this Housing Policy or another form acceptable to SFN, signed by a Tenant, pursuant to which Arrears owed by the Tenant will be retired over a specified period, and which may provide for compromise of some portion of the Arrears conditionally on the balance being paid; (f) Band Council Resolution or BCR means a written resolution passed by a majority of SFN Leadership at a duly convened meeting of the SFN Leadership; (g) Building Site or Site means a surveyed lot located on the Reserve Lands on which an Individual Housing Unit is or may be constructed, and includes both a Serviced Building Site and a Non-Serviced Building Site; (h) CMHC means the Canada Mortgage and Housing Corporation governed by the Canada Mortgage and Housing Corporation Act, R.S.C., 1985, c. C-7, and all subsequent amendments or replacements thereto; (i) Condemned Housing Unit means a Housing Unit which has been declared unliveable by the SFN Leadership; (j) Down Payment means, in relation to a Rent-to-Own Unit, the down payment provided by the Tenant to Saulteau First Nations in accordance with Section 10.2 of this Housing Policy; 3

4 (k) Family Homes on Reserves and Matrimonial Interests or Rights Act means the Family Homes on Reserves and Matrimonial Interests or Rights Act, S.C. 2013, c. 20, and all subsequent amendments or replacements thereto; (l) Financial Institution means any bank, trust company or credit union that is authorized by law and which is supervised and regulated by the Superintendent of Financial Institutions as defined in the Office of Superintendent of Financial Institutions Act, R.S.C. 1985, c 1-8 (3rd Supp); (m) Homeowner means an individual who has an Allotment on the Reserve Lands in accordance with this Housing Policy; (n) Housing Policy or Saulteau First Nations Housing Policy means this policy as it may be amended from time to time; (o) Housing Unit means a dwelling unit within a single family, duplex or multi-unit building located on the Reserve Lands, and includes Rental Units, Rent-to-Own Units and Individual Housing Units; (p) Indian Act means the Indian Act, R.S.C. 1985, c. I-5, and all subsequent amendments or replacements thereto; (q) Indian Land Registry System means the Indian Land Registry System division of Aboriginal Affairs and Northern Development Canada; (r) Individual Housing Unit has the meaning set out in Section 14.1 of this Housing Policy; (s) Occupancy Charge means: (i) in relation to a Rental Unit, the monthly charge payable by a Rental Tenant in respect of that Rental Unit as determined from time to time in accordance with Sections 4.4.1, and of this Housing Policy; (ii) in relation to a Rent-to-Own Unit, the aggregate of the monthly Rent-to-Own Instalment, Maintenance Contribution and Community Contribution payable by a Rent-to-Own Tenant in respect of that Rent-to-Own Unit as determined from time to time pursuant to Section 10.2 of this Housing Policy; (iii) in relation to an Individual Unit, the monthly charge payable by a Homeowner in respect of that Individual Unit as determined from time to time pursuant to Section18.2.1; (t) Rental List means the list maintained by the SFN Administration confirming priorities for Rental Housing in accordance with sections 3.2 and 3.3 of this Housing Policy; 4

5 (u) Rental Tenant means an individual who has a current interest in a Rental Unit pursuant to a Rental Agreement; (v) Rental Unit has the meaning set out in section 2.1 of this Housing Policy; (w) Rent-to-Own Unit has the meaning set out in section 8.1 of this Housing Policy; (x) Rent-to-Own Tenant means an individual who has a current interest in a Rentto-Own Unit pursuant to a Rent-to-Own Agreement which has not been fully paid out; (y) Reserve Lands means all land situated within the boundaries of Saulteau First Nations Indian Reserve East Moberly Lake No. 169, the legal title to which is vested in Her Majesty and has been set apart by Her Majesty for the use and benefit of the Saulteau First Nations and includes designated lands as defined in the Indian Act; (z) Serviced Building Site means a Building Site surveyed and provided with potable water service by SFN; (aa) Site Deposit means a deposit payable by an Applicant to secure a Building Site pursuant to Section 15.3 or Section 15.4 and the applicable Building Site Agreement. (bb) Non-Serviced Building Site means a Building Site, other than a Serviced Building Site, requested by an Applicant pursuant to Section 15.4; (cc) Non-Serviced Building Site Request means a request for a Non-Serviced Building Site made pursuant to Section ; (dd) SFN Band Office means the offices of the Saulteau First Nations located at Moberly Lake, British Columbia, V0C 1X0; (ee) SFN Administration means the Director of Operations appointed by SFN Leadership from time to time, or his/her successor in function, or such person or persons as the Director of Operations may designate from time to time to perform one or more functions pursuant to this Policy; (ff) Saulteau First Nations means all the SFN Citizens, from time to time, acting collectively and represented by the SFN Leadership; (gg) SFN Leadership means the Chief and Council of the Saulteau First Nations as elected by SFN Citizens from time to time; (hh) SFN Citizen means any person registered as a member of the Saulteau First Nations by the SFN Leadership pursuant to the SFN Residency Law, if any; 5

6 (ii) SFN Residency Law means any law adopted by the Saulteau First Nations from time to time which governs the rights of SFN Citizens and others to live on the Reserve Lands; (jj) Tenant means a Rental Tenant or a Rent-to-Own Tenant; (kk) Treaty 8 Tribal Association means the Council of five Treaty 8 Tribal Association Chiefs as represented by the Chiefs and Councils of the Saulteau First Nations, Doig River First Nation, Prophet River First Nation and West Moberly First Nation. 1.2 Forms. The following forms set out in Schedule 1 are incorporated in this Housing Policy. Any reference in this Housing Policy to one of these forms refers to the form set out in Schedule 1, with such modifications as SFN Administration makes from time to time, whether or not this Housing Policy is amended. Form 1 Form 2 Form 3 Form 4 Form 5 Form 6 Form 7 Form 8 Form 9 Form 10 Form 11 Form 12 Rental Application Form Rent-to-Own Application Form Serviced Building Site Application Form Application Update Form Non-Serviced Building Site Application Rental Agreement Rent-to-Own Agreement Building Site Agreement Condition Inspection Report Arrears Plan Request for Alterations Form Repair and Maintenance Work Request Form 6

7 CHAPTER 2 RENTAL UNITS 2. RENTAL HOUSING 2.1 Definition of Rental Housing Rental Unit means a Housing Unit on Reserve Lands owned by the Saulteau First Nations and designated by the SFN Leadership to be occupied under a Rental Agreement subject to the policies in this Chapter. Rental Units may include: (a) a Housing Unit financed by a loan to Saulteau First Nations by a Financial Institution or CMHC; (b) a Individual Housing Unit that was originally financed and constructed by an SFN Citizen and later acquired by Saulteau First Nations. Rental Units do not include: (c) a Rent-to-Own Unit occupied under a Rent-to-Own Agreement; (d) an Individual Housing Unit, unless it has been acquired by Saulteau First Nations SFN Leadership may, from time to time, designate Rental Units and may also redesignate a Rental Unit as another type of Housing Unit. 2.2 Purpose of Rental Housing Rental Units are made available to eligible SFN Citizens who do not qualify for or do not want a Rent-to-Own Unit or an Individual Housing Unit, and who wish to have housing on Reserve Lands on a month to month basis under a Rental Agreement. 2.3 Eligibility An individual is eligible for a Rental Unit if the individual: (a) is a SFN Citizen or a SFN Designate pursuant to section below; (b) is 19 years of age or older; and (c) either: (i) is not in Arrears to Saulteau First Nations, or 7

8 (ii) is in Arrears and has entered into an Arrears Plan, and is not in default of his/her obligations under that Arrears Plan SFN Designates. An individual who is not an SFN Citizen is eligible for a Rental Unit only if the individual falls into one of the following three categories: (a) intends to and does occupy the Rental Unit with one or more dependent children who are SFN Citizens; (b) is a member of another First Nation that is employed by a First Nation-empowered entity; or; (c) is employed on the Reserve Lands by Saulteau First Nations, an entity empowered by Saulteau First Nations, or a public service entity Low-Income Rental Units. The Saulteau First Nations may, from time to time, designate specific Rental Units or a specified proportion of total Rental Units for households that have, at move-in, income below a threshold set by the Saulteau First Nations, and may from time to time fix an appropriate Occupancy Charge for any such Rental Unit. The number of units designated, and the income threshold and Occupancy Charge applicable to each unit, may be changed from time to time by SFN Leadership based on community need and available resources. 3. RENTAL UNIT ALLOCATION 3.1 Application Procedures All applications for a Rental Unit must be made pursuant to Appendix A of this Housing Policy. 3.2 The Rental List Applicants meeting the eligibility criteria set out in section 2.3 will be placed on the Rental List for a size of Rental Unit appropriate to their household size An Applicant will remain on the Rental List until s/he is allocated a Rental Unit, withdraws his/her application, or ceases to be eligible for a Rental Unit An Applicant is responsible to update the information in his/her application as required, to assist the SFN Administration in maintaining the Rental List and allocating Rental Units that come vacant. The SFN Administration may also update the information in an Applicant s application as required. When information is updated, the Applicant or SFN Administration, as the case may be, must record the updated information using an Application Update Form. 8

9 3.3 Priority of Applicants on the Rental List The SFN Administration will review each application submitted under section 3.1 both before and after the adoption of this Housing Policy, and each update under section 3.2.3, and will assign each Applicant on the Rental List a priority for an appropriate unit size and Occupancy Charge level on the basis of the date and time of application. 3.4 Disqualification The SFN Administration may disqualify an Applicant for Rental Housing or a proposed subtenant if: (a) the SFN Administration determines, acting reasonably, that the Applicant is not suitable based on : (i) the Applicant s rental history, credit check, and/or landlord and employer references; (ii) the Applicant s criminal record disclosing criminal conduct that may, in the determination of the SFN Administration, damage the fabric of the community or endanger community members; or (b) the Applicant provides false or misleading information on his/her application or an update or otherwise. 3.5 Authority of SFN Administration In assessing an application, the SFN Administration may interview the Applicant and other household members, and conduct credit checks, criminal record checks, and reference checks as the SFN Administration deems necessary or advisable 3.6 Allocation of Rental Units Subject to Section 3.6.2, when a Rental Unit becomes available, the SFN Administration will offer that unit to the first Applicant on the Rental List, whose household size is appropriate for the unit, by written notice delivered to the mailing address, fax number or address on record for the Applicant Despite Section 3.6.1, SFN Administration may, in its reasonable discretion, may offer a Rental Unit to an Applicant who is not highest ranked on the Rental List, in exceptional circumstances. For certainty, a parent with one or more children escaping abuse will be considered to be in exceptional circumstances An Applicant must, within 7 calendar days following the notice being sent: (a) enter into a Rental Agreement for the unit or confirm in writing or by that s/he agrees to do so; and 9

10 (b) pay to Saulteau First Nations the security deposit and pet deposit (if applicable) for the Rental Unit in accordance with the Rental Agreement, otherwise the Applicant will be passed over and the SFN Administration will offer the unit to the next ranking Applicant on the Rental List whose household size is appropriate for the unit Subject to sections and 3.2.3, a passed over Applicant will retain his/her position on the Rental List for future vacancies Prior to an Applicant taking up occupancy of a Rental Unit, s/he must: (a) satisfy the requirements of section 3.6.3; (b) attend an information meeting with the SFN Administration in order to review this Housing Policy and any related SFN bylaws and policies; (c) pay the first month s rent for the Rental Unit; (d) inspect the Rental Unit with the SFN Administration or his/her designated representative, and complete a Condition Inspection Report. 4. RENTAL AGREEMENT AND OCCUPANCY CHARGES 4.1 Rental Agreement The rights and responsibilities of a Rental Tenant and Saulteau First Nations in respect of a Rental Unit are governed by the signed Rental Agreement and this Housing Policy. In the event of a conflict between the Rental Agreement and this Housing Policy, this Housing Policy shall govern Only SFN Citizens and persons authorized to live on the Reserve Lands pursuant to the SFN Residency Law may occupy a Rental Unit. The full legal names of all individuals intended to occupy a Rental Unit must be listed in the Rental Agreement. No additional occupants are permitted, unless approved in writing by the SFN Administration. A Rental Tenant may have a reasonable number of guests reside with them in their Rental Unit for up to 4 consecutive weeks provided each such person is a SFN Citizen or is authorized pursuant to the SFN Residency Law, but any guest who stays longer than that will be treated as an occupant of the Rental Unit and, unless approved in writing by the SFN Administration, at the end of that time must vacate the unit A copy of the signed Rental Agreement will be given to the Rental Tenant, and the SFN Administration will keep the original on file. 10

11 4.2 Assignment and Subletting A Rental Tenant must not under any circumstances assign the Rental Tenant s interest in a Rental Agreement or Rental Unit A Rental Tenant may sublet a Rental Unit for a specified period, provided the subtenant meets the eligibility requirements set out in section 2.3 and is not disqualified under Sections and and that the sublet period, the subtenant, and the sublease occupancy charges are approved in writing by the SFN Leadership. If the sublease occupancy charge paid by the subtenant is higher than the Occupancy Charge payable by the Rental Tenant under the Rental Agreement, the Rental Tenant must pay the excess to the Saulteau First Nations. 4.3 Security and Pet Deposits The deposit for any Rental Unit shall be set out in the Rental Agreement between Saulteau First Nations and the Applicant for that Rental Unit, and shall comprise the following: (a) in every case, a security deposit in the amount of one month s rent under the Rental Agreement; (b) if the Applicant intends to house an uncaged pet in the Rental Unit, a pet deposit in the amount of one-half month s rent under the Rental Agreement Deposits paid to Saulteau First Nations by a Rental Tenant pursuant to a Rental Agreement may be applied by Saulteau First Nations, either before or after termination of the Rental Agreement, to pay any expense incurred by Saulteau First Nations to cure a breach by the Rental Tenant of a Rental Agreement or this Housing Policy. 4.4 Setting Occupancy Charges The SFN Administration will from time to time set a monthly charge (the Occupancy Charge ) to be paid in relation to each Rental Unit The Occupancy Charges for Rental Units must be sufficient in the determination of the SFN Leadership to recover, in the aggregate: (a) the construction and financing costs of the stock of Rental Units; (b) the expected costs to replace or refurbish the stock of Rental Units when they reach the end of their useful life; and (c) the expected direct and indirect operating costs of the stock of Rental Units over their useful life, including without limitation: (i) repair and maintenance costs; (ii) insurance; 11

12 (iii) salaries, wages and benefits of Saulteau First Nations staff engaged in administration of the housing program; (iv) office and related overhead costs associated with the housing program For households with low or fixed incomes, the Occupancy Charge for a particular Rental Tenant may be set at a reduced level in order to provide affordable rent, provided the Rental Tenant and all adult household members provide proof of income satisfactory to SFN Administration both at move-in and on request of SFN Administration from time to time. The Occupancy Charge in such cases may be changed from time by SFN Administration in response to changes in Saulteau First Nation s financial position, changes in the household s income or composition, or failure of the Rental Tenant and all adult household members to provide current proof of income satisfactory to SFN Administration on request If the Occupancy Charge for a Rental Unit currently occupied under a Rental Agreement is changed pursuant to section or 4.4.3, the change comes into effect on the first day of the third month following written notification to the Rental Tenant. 4.5 Payment of Occupancy Charges Monthly Occupancy Charge payments under a Rental Agreement are due and payable on the first day of every month. The Rental Tenant must pay the Occupancy Charge to the SFN Administration, at the SFN Band Office during normal business hours in the form of cash, cheque or money order payable to Saulteau First Nations, or by electronic funds transfer to Saulteau First Nations Any Occupancy Charge payment returned for non-sufficient funds must be replaced immediately and the Rental Tenant must pay a surcharge of $25 to reimburse the Saulteau First Nations for inconvenience and out of pocket costs. A Rental Tenant who has had two or more payments returned for non-sufficient funds may, at the discretion of the SFN Administration, be required to make future payments with certified funds. 4.6 Temporary Hardship Rental Tenants A Rental Tenant who experiences a temporary loss or reduction of income may apply to SFN Administration to defer a portion of the Occupancy Charge for his/her Rental Unit, on the following terms and conditions: (a) the Rental Tenant and all adult household members must provide proof of income satisfactory to SFN Administration both at the time of application for the reduction and periodically thereafter on request; (b) Occupancy Charges may be reduced for no more than six months; (c) the aggregate of deferred Occupancy Charges must be repaid within one year after the Occupancy Charge reduction ends; 12

13 (d) the Rental Tenant must enter into an agreement with Saulteau First Nations to document the deferral and the plan for repayment; If the Rental Tenant fails to repay the deferred Occupancy Charges in accordance with the agreement, the outstanding amount will be considered to be Arrears under the Rental Agreement and this Housing Policy, specifically section Termination of Rental Agreement A Rental Agreement may be terminated if: (a) the SFN Administration and the Rental Tenant agree to the termination in writing; (b) the Rental Tenant wishes to terminate in accordance with Section below; or (c) Saulteau First Nations terminates the Rental Agreement in accordance with any provision of this Housing Policy, including Sections 4.7.4, 4.7.5, 4.7.6, or below On termination of a Rental Agreement, the following must occur: (a) the Rental Tenant must deliver vacant possession of the Rental Unit on the effective date of termination; and (b) the Saulteau First Nations will apply any monies held on account of security deposit and pet deposit under that Rental Agreement to repair any damage for which the Rental Tenant is responsible and to reimburse any expenses incurred by the Saulteau First Nations on account of any default by the Rental Tenant in respect of the Rental Tenant s obligations under the Rental Agreement or this Housing Policy, and refund the balance remaining, if any, to the Rental Tenant within 30 days after the Rental Tenant vacates the Rental Unit Termination by Tenant. A Rental Tenant may terminate a Rental Agreement effective on the last day of a month, with at least one month s written notice to the SFN Administration Termination for non-payment of Occupancy Charges. Saulteau First Nations may terminate a Rental Agreement if any portion of the monthly Occupancy Charge is unpaid on any day after it is due, by giving notice to end the Rental Agreement effective on the later of 15 days after the date of the notice, or the last day of the month in which the notice is given. If the Rental Tenant pays all unpaid occupancy charges within 5 days after receiving the notice, the notice has no effect Termination for cause. Saulteau First Nations may terminate a Rental Agreement, by giving 1 month notice to end the Rental Agreement effective on the last day of the month following notice, if any one or more of the following applies: (a) the Rental Tenant is repeatedly late paying monthly occupancy charges; 13

14 (b) the Rental Tenant fails to repair damage to the Rental Unit as required by Section 19.1 of this Housing Policy, within a reasonable time; (c) the Rental Tenant or a person permitted in the Rental Unit by the Rental Tenant has: (i) caused unreasonable damage to the Rental Unit or a neighbouring dwelling; (ii) unreasonably disturbed an occupant of a neighbouring dwelling; (iii) jeopardized the health or safety or a lawful right or interest of Saulteau First Nations or an occupant of a neighbouring dwelling; (iv) put the Rental Unit or other property of Saulteau First Nations at risk; (d) the Rental Tenant or a person permitted in the Rental Unit by the Rental Tenant has engaged in illegal activity that: (i) has caused or is likely to cause damage to the Rental Unit or other dwellings; (ii) has adversely affected or may adversely affect the quiet enjoyment, security, safety or physical well-being of an occupant of the Rental Unit or a neighbouring dwelling; (iii) has jeopardized or is likely to jeopardize a lawful right or interest of Saulteau First Nations or of an occupant of the Rental Unit or a neighbouring dwelling; (e) an individual other than those listed as occupants in the Rental Agreement is dwelling in the Rental Unit and has been dwelling there longer than a guest is permitted under section 4.1.2; (f) the Rental Tenant has breached a provision of the Rental Agreement and has not cured the breach within a reasonable period of time; (g) the Rental Tenant purports to assign the Rental Agreement; (h) the Rental Tenant subleases the Rental Unit without first obtaining the Saulteau First Nations written consent under section 4.2, or fails to pay excess rent arising from a sublease to the Saulteau First Nations as required by section 4.2; (i) the Rental Unit has been condemned by SFN Leadership Termination in Emergency. SFN Leadership may terminate a Rental Agreement on notice determined by SFN Leadership but in any event no less than 24 hours, if termination is justified pursuant to Section and it would be unreasonable or unfair to SFN or to other residents of the Reserve Lands to wait for a notice pursuant to Section to take effect. 14

15 4.7.7 Termination where occupants no longer eligible. Saulteau First Nations may terminate a Rental Agreement, by giving 2 months notice to end the Rental Agreement effective on the last day of the second month following notice, if the Rental Tenant who signed the Rental Agreement no longer meets the SFN Designates exemption set out in section of this Housing Policy. 5. REPAIR, MAINTENANCE AND UTILITIES OF RENTAL UNITS 5.1 Responsibilities of Rental Tenants A Rental Tenant under a Rental Agreement is responsible for all repair and maintenance of the Rental Unit other than major repairs described in Section 5.2.1, and for certainty including the following: (a) maintenance of reasonable health, cleanliness and sanitary standards throughout the unit and any associated yard area; and (b) general maintenance and upkeep of the unit in good repair, including without limitation: (i) ensuring the Rental Unit and yard area are clear of unsightly debris; (ii) ensuring that household garbage is properly disposed of and not stored in the yard or in the Rental Unit; (iii) ensuring that yards or grounds are not used to store vehicles; (iv) keeping sidewalks surrounding the premises clear of all obstruction; (v) snow removal near doors; and (vi) cleaning gutters and chimneys but excluding reasonable wear and tear A Rental Tenant must immediately report to the SFN Administration any major repairs and service interruptions, including: (a) no heat in winter months; (b) serious flooding; (c) sewer back-up; (d) appliance failure; (e) leaky roof; (f) frozen pipes; and 15

16 any other incident that may threaten the health or safety of the Tenant or other occupant of the Rental Unit. 5.2 Major Repairs and Replacements to Rental Units Subject to Section 5.2.3, major repairs and major appliance replacements in a Rental Unit shall be the responsibility of the Saulteau First Nations, including the following: (a) roof repairs; (b) plumbing repairs; (c) hot water tank replacement; (d) electrical work; (e) electrical fixture replacement; (f) repairing appliances; (g) replacing worn out windows; and (h) replacing floors, doors and cupboards A Rental Tenant must make any request for repair or maintenance work by submitting to the SFN Administration a Repair and Maintenance Work Request Form Despite section above, Saulteau First Nations will not be responsible for any major repairs and replacements as a result of the Tenant s negligence or the negligence of guests of the Tenant All improvements made to a Rental Unit become the property of Saulteau First Nations on affixation to the property. 5.3 Services Saulteau First Nations will provide services to Rental Tenants in accordance with Section 21.2 of this Policy. 6. ALTERATIONS OF RENTAL UNITS 6.1 Alteration of Rental Units A Rental Tenant must not make any Alteration to a Rental Unit except in accordance with an approval issued pursuant to Section and otherwise in compliance with this Housing Policy, unless the Alteration is limited to traditional cultural and ceremonial structures such as: (a) fenced-in dry meat racks; 16

17 (b) hunting sheds; and (c) sweat lodges all of which may be constructed and installed without the need of SFN approval A Rental Tenant who wishes to make an Alteration (other than one exempted pursuant to the previous paragraph) to their Rental Unit must submit a complete Request for Alterations Form for approval by the SFN Administration, together with such other and further information, including plans and specifications, as the SFN Administration may require The SFN Administration will deliver to the Rental Tenant, within a reasonable time, written reasons for either approving or refusing the request Approval of requests for Alterations will not be unreasonably withheld. For certainty, the SFN Administration is acting reasonably to deny a request if the SFN Administration doubts the Tenant s financial capacity or the Tenant s ability to perform or manage the work, or believes that the Alteration is not in the best interest of Saulteau First Nations The Tenant must bear all costs associated with an approved Alteration to a Rental Unit, including without limitation all costs of materials and labour, consultants, surveys and inspection reports, unless the SFN Administration in its sole discretion determines that the Alteration has value to Saulteau First Nations, in which case it may agree in writing to a one-time payment to the Tenant to reimburse the Tenant for some or all of the cost of the approved Alteration. Any agreement under this section must be in writing and signed by the SFN Administration, in order to be enforceable by the Tenant Any materials incorporated into an Alteration to a Rental Unit become the property of Saulteau First Nations upon affixation Regardless of the SFN Administration s approval of an Alteration to a Rental Unit, the Rental Tenant must, at their own expense, ensure that the Alteration conforms to the plans and specifications approved by the SFN Administration, and to this Housing Policy, Saulteau First Nations Bylaws, the National Building Code and the British Columbia Build Code. If the National Building Code and the British Columbia Building Code contain conflicting provisions governing any matter, the higher standard will govern Upon completion of the approved Alteration, the Rental Tenant must provide the SFN Administration with a final inspection certificate issued by a duly qualified inspector acceptable to the SFN Administration, certifying the matters set out in the previous paragraph. 17

18 7. OTHER RIGHTS OF RENTAL TENANTS 7.1 Transition to Rent-to-Own Units A Rental Tenant under a Rental Agreement may apply for a Rent-to-Own Unit under Chapter Transition to Different Rental Unit A Rental Tenant under a Rental Agreement may apply for different Rental Unit while occupying a Rental Unit, based on household size, location, desirability of the Rental Units, or Occupancy Charge levels. 7.3 Spousal Rights Rental Tenants Spousal rights to a Rental Unit are governed by the Family Homes on Reserves and Matrimonial Interests or Rights Act, despite any provision of this Housing Policy or a Rental Agreement Upon separation, divorce or death, non-sfn Citizens residing with a SFN Citizen who is a Rental Tenant will not be able to retain occupancy of a Rental Unit subject only to section In the circumstance that section applies, the guardian must enter into a new Rental Agreement in respect of the Rental Unit. If the guardian does not enter into a new Rental Agreement, the remaining occupants will have no right to continued occupancy of the Rental Unit. 18

19 CHAPTER 3 RENT-TO-OWN UNITS 8. RENT-TO-OWN HOUSING 8.1 Definition of Rent-to-Own Housing Rent-to-Own Unit means a Housing Unit on Reserve Lands owned by the Saulteau First Nations and designated by the SFN Leadership to be occupied under a Rent-to- Own Agreement whereby the Rent-to-Own Tenant subject to the policies in this Chapter. Rent-to-Own Units may include: (a) a Housing Unit financed by a loan to Saulteau First Nations by a Financial Institution or the CMHC, provided that entering into a Rent-to-Own Agreement in respect of that Housing Unit will not place the Saulteau First Nations in default of any agreement with the Financial Institution or CMHC; (b) an Individual Housing Unit that was originally financed and constructed by an SFN Citizen and later acquired by Saulteau First Nations. Rent-to-Own Units do not include: (c) a Rental Unit occupied under a Rental Agreement; (d) a Rent-to-Own Unit that has been converted to an Individual Housing Unit pursuant to Section 13.1 of this Housing Policy; (e) an Individual Housing Unit, unless it has been acquired by Saulteau First Nations; (f) a Housing Unit in a multiple-unit building under any circumstances SFN Leadership may, from time to time, designate Rent-to-Own Units and may also re-designate a Rent-to-Own Unit as another type of Housing Unit. 8.2 Purpose of Rent-to-Own Housing Rent-to-Own Units are made available to eligible SFN Citizens who do not qualify for or do not want an Individual Housing Unit, and who wish to eventually own a Housing Unit on Reserve Lands The intent of this Chapter is that a Rent-to-Own Unit is occupied as rental accommodation pursuant to the Rent-to-Own Agreement and this Chapter, until the amount owing to the Saulteau First Nations under the Rent-to-Own Agreement is fully retired. Once all payments have been made, the Rent-to-Own Unit is occupied as an Individual Housing Unit pursuant to Chapter 4 and the SFN member who entered into the Rent-to-Own Agreement will be entitled to an Allotment of the Rent-to-Own Unit pursuant to Section 15.5 of this Housing Policy. 19

20 8.3 Eligibility An individual is eligible for a Rent-to-Own Unit if the individual: (a) is a SFN Citizen; (b) is 19 years of age or older; and (c) either: (i) is not in Arrears to Saulteau First Nations, or (ii) is in Arrears and has entered into an Arrears Plan, and is not in default of his/her obligations under that Arrears Plan. 9. RENT-TO-OWN UNIT ALLOCATION 9.1 Application for a Rent-to-Own Unit All applications for a Rent-to-Own Unit must be made pursuant to Appendix A of this Housing Policy. 9.2 The Rent-to-Own List Applicants meeting the eligibility criteria set out in section 8.3 will be placed on the Rent-to-Own List An Applicant will remain on the Rent-to-Own List until s/he is allocated a Rent-to-Own Unit, withdraws his/her application, or ceases to be eligible for a Rent-to-Own Unit An Applicant is responsible to update the information in his/her application as required, to assist the SFN Administration in maintaining the Rent-to-Own List and allocating Rent-to-Own Units that come vacant. The SFN Administration may also update the information in an Applicant s application as required. When information is updated, the Applicant or SFN Administration, as the case may be, must record the updated information using an Application Update Form. 9.3 Priority of Applicants on the Rent-to-Own List The SFN Administration will review each application submitted under section 9.1 both before and after the adoption of this Housing Policy, and each update under section 9.2.3, and will assign each Applicant on the Rent-to-Own List a priority on the basis of the date and time of application. 9.4 Disqualification The SFN Administration may disqualify an Applicant for Rent-to-Own Housing if 20

21 (a) the SFN Administration determines, acting reasonably, that the Applicant is not suitable based on : (i) the Applicant s rental history, credit check, and/or landlord and employer references; (ii) the Applicant s criminal record disclosing criminal conduct that may, in the determination of the SFN Administration, damage the fabric of the community or endanger community members; or (b) the Applicant provides false or misleading information on his/her application or an update or otherwise. 9.5 Authority of SFN Administration In assessing an application, assigning a priority or changing the priority of an Applicant, the SFN Administration may interview the Applicant and other household members, and conduct credit checks, criminal record checks, and reference checks as the SFN Administration deems necessary or advisable. 9.6 Allocation of Rent-to-Own Units When a Rent-to-Own Unit becomes available, the SFN Administration will offer that unit to the highest ranked Applicant on the Rent-to-Own List by written notice delivered to the mailing address, fax number or address on record for the Applicant An Applicant must: (a) within 8 working days following a notice being sent pursuant to the previous section, contact the SFN Administration to confirm his/her interest in the offer; (b) within 28 calendar days following the notice being sent: (i) attend a meeting with the SFN Administration as described in section 9.6.4; (ii) enter into a Rent-to-Own Agreement for the unit; and (iii) pay to Saulteau First Nations the Down Payment for the Rent-to-Own Unit in accordance with the Rent-to-Own Agreement, otherwise the Applicant will be passed over and the SFN Administration will offer the unit to the next ranking Applicant on the Rent-to-Own List whose household size is appropriate for the unit Subject to sections and 7.2.3, a passed over Applicant will retain his/her position on the Rent-to-Own List for future vacancies Prior to an Applicant taking up occupancy of a Rent-to-Own Unit, s/he must: 21

22 (a) attend an information meeting with the SFN Administration in order to review this Housing Policy and any related SFN bylaws and policies; (b) complete a course or demonstrate proficiency in basic home maintenance and repairs; (c) inspect the Rent-to-Own Unit with the SFN Administration or his/her designated representative, and complete a Condition Inspection Report; and (d) review and sign a Rent-to-Own Agreement in respect of the Rent-to-Own Unit. 10. RENT-TO-OWN AGREEMENTS 10.1 Form of Agreement The rights and responsibilities of a Rent-to-Own Tenant and Saulteau First Nations in respect of a Rent-to-Own Unit are governed by the signed Rent-to-Own Agreement and this Housing Policy. In the event of a conflict between the Rent-to-Own Agreement and this Housing Policy, this Housing Policy shall govern A copy of the signed Rent-to-Own Agreement will be given to the Rent-to-Own Tenant, and the SFN Administration will keep the original on file Calculation of Payments by Rent-to-Own Tenant A Rent-to-Own Agreement must set out: (a) the initial monthly payment ( Rent-to-Own Instalment ) required to amortize the Capital Value of the Rent-to-Own Unit net of the Down Payment over the Amortization Period, on a declining balance basis with interest at the Interest Rate, based on the following: (i) the capital value ( Capital Value ) of the Rent-to-Own Unit determined by the SFN Administration, which for certainty is the current value of the improvements excluding the underlying land, and is not tied to the original principal amount or current outstanding balance of any loan used to finance the construction or renovation of the unit; (ii) the down payment ( Down Payment ) due from the Rent-to-Own Tenant on or before the commencement date, in an amount not less than 5% of the Capital Value; (iii) the period ( Amortization Period ) over which the Capital Value net of the Down Payment will be amortized, not to exceed the maximum Amortization Period then in effect under Section ; 22

23 (iv) the interest rate ( Interest Rate ) applied to amortize the Capital Value under the Rent-to-Own Agreement, which shall be the Interest Rate then in effect under Section ; (b) the initial monthly payment ( Maintenance Contribution ) determined by the SFN Administration to be sufficient to recover operating costs of the Rent-to-Own Unit over the Amortization Period of the Rent-to-Own Agreement, including without limitation: (i) repair and maintenance costs; (ii) insurance; (c) the initial monthly payment ( SFN Community Contribution ) determined by the SFN Administration to be sufficient to recover direct and indirect costs incurred by SFN in providing services and administering housing programs on the Reserve Lands, including without limitation: (i) a reasonable contribution to the cost of road and infrastructure construction, maintenance, renewal and replacement on the Reserve Lands; (ii) a reasonable contribution to salaries, wages and benefits of Saulteau First Nations staff engaged in administration of the housing program; (iii) a reasonable contribution to office and related overhead costs associated with the housing program A Rent-to-Own Agreement must provide for the Rent-to-Own Instalment to be recalculated by SFN Administration every 5 years during the Amortization Period of that agreement, and payments required by the Rent-to-Own Tenant under that agreement will be adjusted accordingly The SFN Leadership may from time to time fix: (a) the Interest Rate to be applied in calculating Rent-to-Own Instalments under Rentto-Own Agreements, and if SFN Leadership does not fix a rate, the Interest Rate at any time will be the rate posted by Royal Bank of Canada for five year closed mortgage loans in Prince George, British Columbia; (b) the maximum Amortization Period that can apply to any Rent-to-Own Agreement, which for certainty is not related to the term of any loan used to finance the construction or renovation of a Rent-to-Own Unit, and if SFN Leadership does not fix a maximum Amortization Period, the maximum Amortization Period will be 25 years, and each Rent-to-Own Agreement entered into will incorporate the Interest Rate and maximum Amortization Period then in effect. 23

24 For certainty, despite the determination under Section of a maximum Amortization Period applicable to Rent-to-Own Agreements, any particular Rent-to- Own Agreement may be based on a Amortization Period shorter than the maximum then in effect, based on negotiations between the Saulteau First Nations and a particular Applicant For certainty, except for an assignment pursuant to Section , a Rent-to-Own Tenant is not entitled to any credit for Down Payments or Rent-to-Own Instalments made by any previous Rent-to-Own Tenants in relation to a Rent-to-Own Unit. Each new Rent-to-Own Agreement must incorporate Rent-to-Own Instalments based on the current Capital Value of the Rent-to-Own Unit, the Down Payment paid by the current Applicant, the Amortization Period negotiated with the current Applicant, and the Interest Rate then in effect pursuant to Section above The Maintenance Contribution and the SFN Community Contribution payable under a Rent-to-Own Agreement may be adjusted from time to time by the SFN Leadership to reflect actual and expected operating costs of a Rent-to-Own Unit and of the Saulteau First Nations infrastructure and housing program, and payments required by the Rentto-Own Tenant under that agreement will be adjusted accordingly Credit for Past Payments SFN Leadership may, on the advice of SFN Administration at the commencement of a Rent-to-Own Agreement, credit a portion of past payments made by the Rent-to- Own Tenant toward the Down Payment under the Rent-to-Own Agreement, even if at the time of payment there was no formal Rent-to-Own Agreement Assignment and Subletting A Rent-to-Own Tenant may assign his or her interest in a Rent-to-Own Agreement provided: (a) the Rent-to-Own Tenant is not in arrears under the Rent-to-Own Agreement; (b) the assignee would be eligible to occupy the Rent-to-Own Unit pursuant to Section 8.3 and is not disqualified pursuant to Section 9.4; (c) the assignor and assignee enter into a form of assignment agreement acceptable to Saulteau First Nation, pursuant to which the assignor releases all rights to the Rent-to-Own Unit and the assignee agrees with Saulteau First Nations to be bound by all the terms of the Rent-to-Own Agreement A Rent-to-Own Tenant may sublet a Rent-to-Own Unit for a specified period of no longer than 12 months, provided the subtenant is a SFN Citizen and both the sublease term and the subtenant are approved in writing by the SFN Administration. 24

25 10.5 Payments under Rent-to-Own Agreement The monthly Rent-to-Own Instalment, Maintenance Contribution and Community Contribution (together, the monthly Occupancy Charge ) under a Rent-to-Own Agreement are due and payable on the first day of every month. The Rent-to-Own Tenant must pay the Occupancy Charge to the SFN Administration, at the SFN Band Office during normal business hours in the form of cash, cheque or money order payable to Saulteau First Nations, or by electronic funds transfer to Saulteau First Nations Any payment by a Rent-to-Own Tenant returned for non-sufficient funds must be replaced immediately and the Rent-to-Own Tenant must pay a surcharge of $25 to reimburse the Saulteau First Nations for inconvenience and out of pocket costs. A Rent-to-Own Tenant who has had two or more payments returned for non-sufficient funds may, at the discretion of the SFN Administration, be required to make future payments with certified funds Temporary Hardship Rent-to-Own Tenants A Rent-to-Own Tenant who experiences a temporary loss or reduction of income may apply to SFN Administration to defer a portion of the Occupancy Charge for his/her Rental Unit, on the following terms and conditions: (a) the Rent-to-Own Tenant and all adult household members must provide proof of income satisfactory to SFN Administration both at the time of application for the reduction and periodically thereafter on request; (b) Occupancy Charges may be reduced for no more than six months; (c) the aggregate of deferred Occupancy Charges must be repaid within one year after the Occupancy Charge reduction ends; (d) the Rent-to-Own Tenant must enter into an agreement with Saulteau First Nations to document the deferral and the plan for repayment; (e) if the Rent-to-Own Tenant fails to repay the deferred Occupancy Charges in accordance with the agreement, the outstanding amount will be considered to be Arrears under the Rent-to-Own Agreement and this Housing Policy, specifically section Termination of Rent-to-Own Agreement A Rent-to-Own Agreement may be terminated if: (a) the SFN Administration and the Rent-to-Own Tenant agree to the termination in writing; 25

26 (b) the Rent-to-Own Tenant wishes to terminate in accordance with Section of this Housing Policy; or (c) Saulteau First Nations terminates the Rent-to-Own Agreement in accordance with Sections or of this Housing Policy On termination of a Rent-to-Own Agreement, (a) the Rent-to-Own Tenant must deliver vacant possession of the Rent-to-Own Unit on the effective date of termination; (b) all payments made by the Rent-to-Own Tenant pursuant to the Rent-to-Own Agreement on account of the Down Payment, Rent-to-Own Instalments, Maintenance Contributions and SFN Community Contributions are absolutely forfeit to the Saulteau First Nation; (c) the Rent-to-Own Tenant must reimburse the Saulteau First Nations for any expenses incurred by Saulteau First Nations on account of any default by the Rentto-Own Tenant in respect of his or her obligations under the Rent-to-Own Agreement or this Housing Policy Termination by Tenant. A Rent-to-Own Tenant may terminate a Rent-to-Own Agreement effective on the last day of a month, with at least 1 month s written notice to the SFN Administration Termination for non-payment of Occupancy Charges. Saulteau First Nations may terminate a Rent-to-Own Agreement if any portion of the monthly Occupancy Charge is unpaid on any day after it is due, by giving notice to end the Rent-to-Own Agreement effective 30 days after the date the notice is given. If the Rent-to-Own Tenant pays all unpaid occupancy charges within 15 days after receiving the notice, the notice has no effect Termination for cause. Saulteau First Nations may terminate a Rent-to-Own Agreement, by giving one month notice to end the Rent-to-Own Agreement effective on the last day of the month following notice, if any one or more of the following applies: (a) the Rent-to-Own Tenant is repeatedly late paying monthly Occupancy Charges; (b) the Rent-to-Own Tenant fails to repair damage to the Rent-to-Own Unit as required by Section 11.1 of this Housing Policy, within a reasonable time; (c) the Rent-to-Own Tenant or a person permitted in the Rent-to-Own Unit by the Rent-to-Own Tenant has: (i) caused unreasonable damage to the Rent-to-Own Unit or a neighbouring dwelling; (ii) unreasonably disturbed an occupant of a neighbouring dwelling; 26

27 (iii) jeopardized the health or safety or a lawful right or interest of Saulteau First Nations or an occupant of a neighbouring dwelling; (iv) put the Rent-to-Own Unit or other property of Saulteau First Nations at risk; (d) the Rent-to-Own Tenant or a person permitted in the Rent-to-Own Unit by the Rent-to-Own Tenant has engaged in illegal activity that: (i) has caused or is likely to cause damage to the Rent-to-Own Unit or other dwellings; (ii) has adversely affected or may adversely affect the quiet enjoyment, security, safety or physical well-being of an occupant of the Rent-to-Own Unit or a neighbouring dwelling; (iii) has jeopardized or is likely to jeopardize a lawful right or interest of Saulteau First Nations or of an occupant of the Rent-to-Own Unit or a neighbouring dwelling; (e) the Rent-to-Own Tenant has breached a provision of the Rent-to-Own Agreement and has not cured the breach within a reasonable period of time; (f) the Rent-to-Own Tenant purports to assign the Rent-to-Own Agreement other than in compliance with this Housing Policy; (g) the Rent-to-Own Tenant subleases the Rent-to-Own Unit without first obtaining the Saulteau First Nations written consent under section 10.4; (h) the Rent-to-Own Unit has been condemned by SFN Leadership. 11. REPAIR, MAINTENANCE AND UTILITIES OF RENT-TO-OWN UNITS 11.1 Responsibilities of Rent-to-Own Tenants A Rent-to-Own Tenant under a Rent-to-Own Agreement is responsible for all repair and maintenance of the Rental Unit other than major repairs described in Section , and for certainty including the following: (a) maintenance of reasonable health, cleanliness and sanitary standards throughout the unit and any associated yard area; and (b) general maintenance and upkeep of the unit in good repair, including without limitation: (i) ensuring the Rent-to-Own Unit and yard area are clear of unsightly debris; (ii) ensuring that household garbage is properly disposed of and not stored in the yard or in the Rent-to-Own Unit; 27

28 (iii) ensuring that yards or grounds are not used to store vehicles; (iv) keeping sidewalks surrounding the premises clear of all obstruction; (v) snow removal near doors; and (vi) cleaning gutters and chimneys but excluding (until the Rent-to-Own Unit is eligible for conversion to an Individual Housing Unit pursuant to Section 13.1) reasonable wear and tear Until the Rent-to-Own Unit is eligible for conversion to an Individual Housing Unit pursuant to Section 13.1, a Rent-to-Own Tenant must immediately report to the SFN Administration any major repairs and service interruptions, including: (a) no heat in winter months; (b) serious flooding; (c) sewer back-up; (d) appliance failure; (e) leaky roof; (f) frozen pipes; and any other incident that may threaten the health or safety of the Tenant or other occupant of the Rent-to-Own Unit Major Repairs and Replacements to Rent-to-Own Units Subject to Section , major repairs and major appliance replacements in a Rentto-Own Unit (until the Rent-to-Own Unit is eligible for conversion to an Individual Housing Unit pursuant to Section 13.1) shall be the responsibility of the Saulteau First Nations, including the following: (a) roof repairs; (b) plumbing repairs; (c) hot water tank replacement; (d) electrical work; (e) electrical fixture replacement; (f) repairing appliances; 28

29 (g) replacing worn out windows; and (h) replacing floors, doors and cupboards A Rent-to-Own Tenant must make any request for repair or maintenance work by submitting to the SFN Administration a Repair and Maintenance Work Request Form Despite section above, Saulteau First Nations will not be responsible for any major repairs and replacements as a result of the Tenant s negligence or the negligence of guests of the Tenant All improvements made to a Rent-to-Own Unit become the property of Saulteau First Nations on affixation to the property, pending conversion of the Rent-to-Own Unit to an Individual Housing Unit pursuant to Section Services Saulteau First Nations will provide services to Rent-to-Own Tenants in accordance with Section 21.3of this Policy. 12. ALTERATIONS OF RENT-TO-OWN UNITS 12.1 Alteration of Rent-to-Own Units A Rent-to-Own Tenant must not make any Alteration to a Rent-to-Own Unit except in accordance with an approval issued pursuant to Section and otherwise in compliance with this Housing Policy, unless the Alteration is limited to traditional cultural and ceremonial structures such as: (a) fenced-in dry meat racks; (b) hunting sheds; and (c) sweat lodges all of which may be constructed and installed without the need of SFN approval A Rent-to-Own Tenant who wishes to make an Alteration (other than one exempted pursuant to the previous paragraph) to their Rent-to-Own Unit must submit a complete Request for Alterations Form for approval by the SFN Administration, together with such other and further information, including plans and specifications, as the SFN Administration may require The SFN Administration will deliver to the Rent-to-Own Tenant, within a reasonable time, written reasons for either approving or refusing the request Approval of requests for Alterations will not be unreasonably withheld. For certainty, the SFN Administration is acting reasonably to deny a request if the SFN Administration doubts the Tenant s financial capacity or the Tenant s ability to perform 29

30 or manage the work, or believes that the Alteration is not in the best interest of Saulteau First Nations The Tenant must bear all costs associated with an approved Alteration to a Rent-to- Own Unit, including without limitation all costs of materials and labour, consultants, surveys and inspection reports, unless the SFN Administration in its sole discretion determines that the Alteration has value to Saulteau First Nations, in which case it may agree in writing to a one-time payment to the Tenant to reimburse the Tenant for some or all of the cost of the approved Alteration. Any agreement under this section must be in writing and signed by the SFN Administration, in order to be enforceable by the Tenant Any materials incorporated into an Alteration to a Rent-to-Own Unit become the property of Saulteau First Nations upon affixation Regardless of the SFN Administration s approval of an Alteration to a Rent-to-Own Unit, the Rent-to-Own Tenant must at their own expense, ensure that the Alteration conforms to the plans and specifications approved by the SFN Administration, and to this Housing Policy, Saulteau First Nations Bylaws, the National Building Code and the British Columbia Build Code. If the National Building Code and the British Columbia Building Code contain conflicting provisions governing any matter, the higher standard will govern Upon completion of the approved Alteration, the Rent-to-Own Tenant must provide the SFN Administration with a final inspection certificate issued by a duly qualified inspector acceptable to the SFN Administration, certifying the matters set out in the previous paragraph. 13. OTHER RIGHTS OF RENT-TO-OWN TENANTS 13.1 Retirement of Capital Value and Conversion to Individual Housing Unit Once a Rent-to-Own Tenant has paid in full the Rent-to-Own Instalments specified in his/her Rent-to-Own Agreement, the Tenant will be deemed to have paid for the Capital Value of the Rent-to-Own Unit, and thereafter will continue to pay only the monthly Community Contribution established under the Rent-to-Own Agreement of this housing policy, and the Rent-to-Own Unit will be converted to an Individual Housing Unit Spousal Rights Rent-to-Own Units Spousal rights to a Rent-to-Own Unit are governed by the Family Homes on Reserves and Matrimonial Interests or Rights Act, despite any provision of this Housing Policy or a Rent-to-Own Agreement Upon separation, divorce or death, non-sfn Citizens residing with a SFN Citizen who is a Rent-to-Own Tenant will not be able to retain occupancy of a Rent-to-Own Unit 30

31 and the remaining occupants will have no right to continued occupancy of the Rent-to- Own Unit except for rights conferred by Section 13.3.Rent-to-Own 13.3 Transmission on Death Rent-to-Own Units If a Rent-to-Own Tenant s interest in a Rent-to-Own Unit and a Rent-to-Own Agreement is transmitted on his/her death, the heir may assume the rights and obligations of the deceased Tenant in respect of the Rent-to-Own Unit if: (a) the heir would be eligible to occupy the unit pursuant to Section 8.3; or (b) the heir is a minor and a trustee assumes the Rent-to-Own Agreement for the benefit of the heir until the heir reaches the age of 19 years, and provided that the heir or the trustee, as the case may be, enters into a form of assumption agreement acceptable to Saulteau First Nation, pursuant to which the heir or trustee agrees to be bound by all the terms and conditions of the Rent-to-Own Agreement and this Housing Policy If a Rent-to-Own Tenant dies, the Saulteau First Nations will not terminate the Rentto-Own Agreement until 12 months following the date of death, provided the Tenant s estate or the occupants of the Rent-to-Own Unit pay all Occupancy Charges due and payable under the Rent-to-Own Agreement. At the end of this period, unless Section applies, the remaining occupants of the Rent-to-Own Unit will have no right to continued occupancy of the Rent-to-Own Unit. During this period, the heir or trustee of the deceased Rent-to-Own Tenant may assign the Rent-to-Own Agreement to an eligible person even if the heir is not eligible to assume the rights of the deceased pursuant to Section SFN Citizens estates are governed by the Sections 42 through 50 of the Indian Act and the Indian Estates Regulations, C.R.C., c. 954, as amended from time to time. 31

32 CHAPTER 5 INDIVIDUAL HOUSING UNITS 14. INDIVIDUAL HOUSING UNITS and BUILDING SITES 14.1 Definition of Individual Housing Individual Housing Unit means a Housing Unit constructed or purchased at the sole expense of a SFN Citizen Purpose of Individual Housing Building Sites are made available to SFN Citizens pursuant to this Housing Policy in order to enable SFN Citizens to construct and finance their own Individual Housing Units on the Reserve Lands Eligibility for Building Site An individual is eligible for the provision of a Building Site if the individual: (a) qualifies to convert a Rent-to-Own Unit to an Individual Housing Unit; or (b) satisfies all of the following requirements: (i) is a SFN Citizen; (ii) is 19 years of age or older; (iii) is not in Arrears to Saulteau First Nations; (iv) has the financial capacity, from his or her own resources and/or a loan commitment from a Financial Institution, sufficient to purchase an existing Individual Housing Unit or pay the construction costs of the Individual Housing Unit that the individual proposes to build on the Building Site, as demonstrated in accordance with section 14.4 below. Despite any other provision of this Policy, no person may be allotted more than one Building Site at any time. A SFN Citizen currently allotted a Building Site may only apply for another Building Site if s/he includes, as part of the application, a proposal satisfactory to the SFN Administration for divestment of the old Building Site, and the new Building Site allotment cannot be effective unless and until the Citizen divests the old Building Site Financial Capacity Every Applicant for a Building Site must demonstrate, to the satisfaction of the SFN Administration, their ability to service all debt and pay all Occupancy Charges that will be associated with the Individual Housing Unit the Applicant proposes to build or purchase. 32

33 Without limiting the generality of Section , an Applicant must provide: (a) documentation of their income, including T4 slips, for the two consecutive years immediately preceding the date of application. (b) if the Applicant is married or in a common-law marriage relationship, documentation of the spouse s income, including T4 slips, for the two consecutive years immediately preceding the date of application The Applicant must provide their authorization, to the SFN Administration, to conduct a credit check of the Applicant. If the Applicant is married or in a common-law marriage relationship, the Applicant s spouse must also provide a credit check authorization Authority of SFN Administration In assessing an application for a Building Site, the SFN Administration may interview the Applicant and other household members, and conduct credit checks, criminal record checks, and reference checks as the SFN Administration deems necessary or advisable The SFN Administration may disqualify an Applicant who provides false or misleading information on his/her application for a Building Site. 15. APPLICATION PROCESS and PROVISION OF BUILDING SITES 15.1 Availability of Building Sites Serviced Building Sites. All applications for Serviced Building Sites are subject to availability. The SFN Administration will post Serviced Building Site opportunities at the SFN Band Office and online at saulteau.com/housing.html Non-Serviced Building Sites. All applications for Non-Serviced Building Sites are subject to the sole discretion of SFN Leadership and any land codes, zoning bylaws and comprehensive community plan that may exist from time to time. SFN Citizens are not permitted to construct a dwelling within Saulteau First Nations Reserve Lands without express permission of the SFN Leadership in accordance with this Housing Policy Application for a Building Site All applications for a Serviced Building Site must be made pursuant to Appendix A of this Housing Policy An Applicant may request a Non-Serviced Building Site, by submitting to the SFN Administration a Non-Serviced Building Site Application that includes: 33

34 (a) a land survey describing the boundaries and dimensions of the proposed Non- Serviced Building Site, and showing the location of all registered easements and rights of way; (b) construction drawings and specifications for the Individual Housing Unit proposed to be built on the Non-Serviced Building Site, including servicing connections; (c) the name of the contractor to be engaged to construct the Individual Housing Unit proposed to be built on the Non-Serviced Building Site; (d) a construction schedule and cash flow schedule; and (e) a detailed budget for all components of construction certified by the contractor All applications will be processed on a first in time process basis using the date-stamp and must be filed in conjunction with the Financing Assistance application process as set out at Section Selection of Serviced Building Site When a Serviced Building Site becomes available, the SFN Administration will offer that Site to the first Applicant, by written notice delivered to the mailing address, fax number or address on record for the Applicant An Applicant must: (a) within 8 working days following a notice being sent pursuant to the previous section, contact the SFN Administration to confirm his/her interest in the offer; (b) within 28 calendar days following the notice being sent: (i) enter into a Building Site Agreement in respect of that Building Site; and (ii) pay to Saulteau First Nations the Site Deposit specified by SFN Administration to be dealt with pursuant to the Building Site Agreement, otherwise the Applicant will be passed over and the SFN Administration will offer the Building Site to the next Applicant An Applicant passed over pursuant to the previous section will not be offered that Building Site again Selection and Approval of Non-Serviced Building Site The SFN Administration will review a Non-Serviced Building Site Request to determine whether a proposed Non-Serviced Building Site is available, consistent with Saulteau First Nations land use plans then in effect, and free and clear of all liens, claims and encumbrances, and will prepare a report on such matters before making a decision on the application. 34

35 The SFN Administration will determine whether to approve a Non-Serviced Building Site Request taking into account: (a) the report prepared pursuant to the previous Section; (b) the potential future requirements of the community and demands on the Reserve Lands; and (c) the best interests of the Saulteau First Nations, present and future The decision of SFN Administration on a Non-Serviced Building Site Request is final and binding on the Applicant If SFN Administration approves a Non-Serviced Building Site Request, the Applicant must: (a) within 28 calendar days following notice of the approval: (i) enter into a Building Site Agreement in respect of the proposed Non-Serviced Building Site; and (ii) pay to Saulteau First Nations the Site Deposit specified by SFN Administration to be dealt with pursuant to the Building Site Agreement, otherwise the application will be deemed to have been withdrawn and the approval will be void For certainty, approval of a Non-Serviced Building Site Request does not create any obligation on Saulteau First Nations to survey or service the Building Site. All costs associated with surveying, servicing and access to a Non-Serviced Building Site must be borne entirely by the Applicant Provision of Building Sites After satisfaction of the requirements of Section 15.3 (in respect of a Serviced Building Site) or Section 15.4 (in respect of a Non-Serviced Building Site), the SFN Administration will place before the SFN Leadership a Band Council Resolution approving Allotment of the Building Site to the Applicant If the Band Council Resolution is approved, the SFN Administration will record the Allotment in the Indian Lands Registry System maintained under the Indian Act For certainty, an Allotment under this Housing Policy is a unique interest of the Saulteau First Nations and does not entitle the Homeowner to a Certificate of Possession or lawful possession under the Indian Act or at common law. 35

36 16. REPAIR, MAINTENANCE AND UTILITIES OF INDIVIDUAL HOUSING UNITS 16.1 Responsibilities of Homeowners A Homeowner is responsible for: (a) all repair, maintenance and replacement of his/her Individual Housing Unit and its components; (b) maintenance of reasonable health, cleanliness and sanitary standards throughout the unit and any associated yard area; and (c) general maintenance and upkeep of the unit in good repair, including without limitation: (i) ensuring the Rent-to-Own Unit and yard area are clear of unsightly debris; (ii) ensuring that household garbage is properly disposed of and not stored in the yard or in the Rent-to-Own Unit; (iii) ensuring that yards or grounds are not used to store vehicles; (iv) keeping sidewalks surrounding the premises clear of all obstruction; (v) snow removal near doors; and (vi) cleaning gutters and chimneys Financing Reserve Program Saulteau First Nations may offer a program whereby a Homeowner can enter into an agreement with SFN and make monthly contributions to a reserve fund held by SFN for major repairs and periodic replacements in relation to the Homeowner s Individual Housing Unit. If such a program is offered, each Homeowner s contributions will be accounted for separately from those of other Homeowners, and made available to the Homeowner to finance work on his/her Individual Housing Unit in accordance with the agreement. On sale of the Individual Housing Unit and assignment of the Homeowner s rights to the associated Building Site, the unspent contributions held on account of that Homeowner may be refunded to that Homeowner or assigned to the purchaser Services Saulteau First Nations will provide services to Homeowners in accordance with Section 21.2of this Policy. 36

37 17. FINANCING ASSISTANCE FOR INDIVIDUAL HOUSING UNITS 17.1 Purpose and Scope of Financing Assistance Saulteau First Nations may provide financing assistance to a SFN Citizen in the form of a Band Council Resolution authorizing a Ministerial Guarantee and authorizing an indemnity by Saulteau First Nations in favour of the Minister in relation to that Ministerial Guarantee, to help an Applicant qualify for a loan from a Financial Institution to purchase or construct an Individual Housing Unit on a Building Site approved by Saulteau First Nations, on terms and conditions set out in this Housing Policy Financing Assistance in each instance is in the discretion of Saulteau First Nations pursuant to section , and in any event is subject to the following limits: (a) each Ministerial Guarantee authorized pursuant to this Housing Policy may not be greater than $300,000; (b) all Ministerial Guarantees outstanding at any time pursuant to this Housing Policy may not be greater than $3 million in the aggregate Financing Assistance is conditional on the Citizen applying for and obtaining a Building Site Eligibility for Financing Assistance An individual is eligible for Financing Assistance in relation to acquisition or construction of an Individual Housing Unit if the individual: (a) is a SFN Citizen (b) is 19 years of age or older; (c) is not in Arrears to Saulteau First Nations; (d) has a loan commitment from a Financial Institution conditional on a Ministerial Guarantee authorized by Saulteau First Nations; (e) has an Allotment for, or has submitted an application for, a Serviced Building Site or a Non-Serviced Building Site to Saulteau First Nations Application for Financing Assistance An application for Financing Assistance must be made, in writing, using the Financing Assistance Application Form and submitted to the SFN Administration by either: (a) in-person delivery to the SFN Band Office; or (b) registered mail to: 37

38 (i) SFN Housing Department PO Box 1020 Chetwynd BC V0C 1J0 and not by or facsimile delivery Each Financing Assistance Application Form will be stamped with the date and time of receipt directly on the Financing Assistance Application Form or on the envelope containing the Financing Assistance Application Form Every Financing Assistance Application Form must be accompanied by a completed Serviced Building Site Application Form or Non-Serviced Building Site Application (unless the Applicant already has an Allotment of a Building Site) and a loan commitment from a Financial Institution conditional on a Ministerial Guarantee authorized by Saulteau First Nations The SFN Administration will review and evaluate a Financing Assistance Application Form, and will prepare a report summarizing the evaluation The SFN Administration will determine whether to approve a Financing Assistance Application taking into account: (a) the report prepared pursuant to the previous Section; (b) the risk associated with the particular application; (c) the financial capacity of Saulteau First Nations; and (d) the best interests of the Saulteau First Nations, present and future and, for certainty, may reject any application regardless of the number or value of Ministerial Guarantees currently outstanding The decision of SFN Leadership on a Financing Assistance Application is final and binding on the Applicant If SFN Leadership approves a Financing Assistance Application, the Applicant must, within 28 calendar days following notice of the approval, enter into a Financing Assistance Agreement in respect of the proposed Ministerial Guarantee. Provided the Applicant enters into the Financing Assistance Agreement and satisfies all other requirements of the related Building Site allocation, the SFN Leadership will provide a Band Council Resolution authorizing a Ministerial Guarantee of the Applicant s loan; otherwise the application will be deemed to have been withdrawn and the approval will be void. 38

39 17.4 Form of Financing Assistance Agreement Every Financing Assistance Agreement entered into pursuant to this Housing Policy must be in the form prescribed by this Housing Policy and for certainty, must include the following: (a) an obligation on the Homeowner to maintain the loan in good standing; (b) an indemnity by the Homeowner in favour of Saulteau First Nations in relation to any funds paid by Saulteau First Nations to any person pursuant to or in relation to the Ministerial Guarantee; (c) an obligation on the Homeowner to maintain life insurance during the term of the Ministerial Guarantee of which Saulteau First Nations is the beneficiary; (d) an agreement that, if the Homeowner defaults under the Financing Assistance Agreement, Saulteau First Nations may revoke the Allotment in respect of the Building Site and seize the Individual Housing Unit built on the Building Site and re-sell it or convert it to a Rent-to-Own Unit or Rent-to-Own Unit in Saulteau First Nation s discretion; (e) a provision that, in the event of seizure and re-sale pursuant to the Financing Assistance Agreement, the Homeowner is entitled to receive the proceeds of resale (or, in the case where the Individual Housing Unit is converted to a Rent-to- Own Unit or a Rental Unit, the salvage value of the house as estimated by Saulteau First Nations), net of any amount owing to the Minister or the lender, any amount paid by Saulteau First Nations pursuant to the Ministerial Guarantee, and Saulteau First Nations costs of realization, including legal fees on a solicitor-client basis. 18. BUILDING SITE AGREEMENTS 18.1 Form of Agreement The rights and responsibilities of a Homeowner and Saulteau First Nations in respect of a Building Site are governed by the signed Building Site Agreement and this Housing Policy. In the event of a conflict between the Building Site Agreement and this Housing Policy or if there is no Building Site Agreement, this Housing Policy shall govern Once a Serviced Building Site is allocated to an Applicant or the Applicant s Non-Serviced Building Site Request is approved, the Applicant and Saulteau First Nations will enter into a Building Site Agreement prior to construction. For certainty, an Applicant must not undertake any construction or pre-construction activities on a Building Site until the Building Site Agreement is entered into. 39

40 18.2 Occupancy Charges under Building Site Agreement Every Building Site Agreement must specify a monthly Occupancy Charge which is subject to adjustment from time to time, sufficient to recover direct and indirect costs incurred by SFN in providing services and administering housing programs on the Reserve Lands, including without limitation: (a) a reasonable contribution to the cost of road and infrastructure construction, maintenance, renewal and replacement on the Reserve Lands; (b) a reasonable contribution to salaries, wages and benefits of Saulteau First Nations staff engaged in administration of the housing program; and (c) a reasonable contribution to office and related overhead costs associated with the housing program The Occupancy Charge under a Building Site Agreement is due and payable on the first day of every month. The Homeowner must pay the Occupancy Charge to the SFN Administration, at the SFN Band Office during normal business hours in the form of cash, cheque or money order payable to Saulteau First Nations, or by electronic funds transfer to Saulteau First Nations A Site Deposit paid by an Applicant pursuant to Section or Section must be dealt with in accordance with the applicable Building Site Agreement and will normally be applied to the first Occupancy Charges payable under that agreement Any payment by a Homeowner returned for non-sufficient funds must be replaced immediately and the Homeowner must pay a surcharge of $25 to reimburse the Saulteau First Nations for inconvenience and out of pocket costs. A Homeowner who has had two or more payments returned for non-sufficient funds may, at the discretion of the SFN Administration, be required to make future payments with certified funds. 19. CONSTRUCTION OF INDIVIDUAL HOUSING UNITS 19.1 Construction Process Before any construction of an Individual Housing Unit begins, the Homeowner must submit to the SFN Administration : (a) a land survey showing the boundaries and dimensions of the Building Site, the location of all registered easements and rights of way, as well as proposed locations of buildings, driveways, utilities, and servicing connections; (b) construction drawings and specifications for the Individual Housing Unit proposed to be built on the Building Site; (c) the name of the contractor to be engaged to construct the Individual Housing Unit proposed to be built on the Building Site; 40

41 (d) a construction schedule and cash flow schedule; (e) a detailed budget for all components of construction certified by the contractor; (f) proof that the building site is covered by construction insurance The SFN Administration will review the information provided by the Homeowner pursuant to the previous section and, if the application is in order, will issue written approval Construction shall be the responsibility of the Homeowner, in accordance with the approved plans and specifications, and shall in every respect meet the requirements of: (a) The BC Building Code; and (b) SFN Bylaws and Housing Policies All electrical work must be inspected by a qualified BC Electrical Inspector before drywall installation All plumbing and heating installations must be inspected by a qualified and certified plumber inspector. All water lines must be tested prior to drywall stage and, all water and sewer lines must be tested prior to cover up An Environmental Health Officer must attend the site to inspect and verify that the septic system is installed in accordance with the Health Canada permits, even if a Registered Onsite Wastewater Practitioner is onsite Individual Housing Unit Occupancy Upon completion of construction, an Individual Housing Unit being must not be occupied until: (a) a qualified building inspector has conducted a final building inspection and certified to the SFN Administration that the Individual Housing Unit has been constructed in compliance with the approved plans and specifications and the BC Building Code; and (b) the SFN Administration has been provided with photographs of the house to keep on file. 20. RIGHTS AND OBLIGATIONS OF HOMEOWNERS 20.1 Services The Homeowner will be responsible for the connection, payment and disconnection of all utilities. 41

42 Saulteau First Nations will provide services to the Homeowner in accordance with Section Transfer of Individual Housing Unit An Individual Housing Unit may be transferred only to an individual who is eligible for the related Building Site and is approved by the SFN Administration pursuant to Section 14.3, and who enters into a Homeownership Agreement in compliance with this Housing Policy Any purported transfer of an Individual Housing Unit other than in compliance with the preceding section: (a) is void; (b) confers on the purchaser no right to occupy the Individual Housing Unit or the Building Site; (c) is a breach of the Building Site Agreement by the vendor entitling the Saulteau First Nation, among other things, to cancel the Building Site Allotment A purchaser of an existing Individual Housing Unit may assume the seller s Financing Assistance and Ministerial Guarantee only if the purchaser applies and is approved for Financing Assistance pursuant to Section 17.3 and enters into a Financing Assistance Agreement in compliance with this Housing Policy Lease of Individual Housing Units A Homeowner may lease their Individual Housing Unit but only to SFN Citizens who are approved by the SFN Administration following a criminal record check SFN Administration may disqualify a proposed tenant for an Individual Housing Unit if SFN Administration determines, acting reasonably, that the Applicant is not suitable based on the Applicant s criminal record disclosing criminal conduct that may, in the determination of the SFN Administration, damage the fabric of the community or endanger community members Other than approval pursuant to section , Saulteau First Nations is not responsible for any leasing arrangement in respect of an Individual Housing Unit Despite any leasing arrangement, the Homeowner s rights and obligations pursuant to the Homeownership Agreement and Loan Guarantee Agreement shall remain enforceable against the Homeowner. 42

43 20.4 Transmission on Death If a Homeowner s interest in an Individual Housing Unit and a Building Site is transmitted on his/her death, the heir may assume the rights and obligations of the deceased Homeowner if: (a) the heir would be eligible to occupy the unit and the Building Site pursuant to this Housing Policy; or (b) the heir is a minor and a trustee assumes control of the Individual Housing Unit and the Building Site and the obligations of the deceased under the Building Site Agreement for the benefit of the heir until the heir reaches the age of 19 years If a Homeowner dies, the Saulteau First Nations will not terminate the Allotment of the Homeowner s Building Site until 12 months following the date of death, provided the Homeowner s estate or the occupants of the Individual Housing Unit pay all Occupancy Charges due and payable in respect of the Individual Housing Unit. At the end of this period, the remaining occupants of the Individual Housing Unit will have no right to continued occupancy of the Individual Housing Unit or the Building Site. During this period, the heir or trustee of the deceased Homeowner may transfer the Individual Housing Unit and the Building Site to an eligible person even if the heir is not eligible to assume the rights of the deceased SFN Citizens estates are governed by the Sections 42 through 50 of the Indian Act and the Indian Estates Regulations, C.R.C., c. 954, as amended from time to time. 43

44 CHAPTER UTILITIES AND SERVICES GENERAL 21.1 Utilities The Tenant or Homeowner will be responsible for the connection, payment and disconnection of all utilities including gas, hydro, phone, cable, internet or any other utilities that may apply Services and Fees Saulteau First Nations will provide the following services to a Tenant or Homeowner during occupancy for a fee which is included in the Occupancy Charge for the Housing Unit or Building Site, as the case may be: (a) garbage and recycling pickup; (b) water; (c) sewer; and (d) roads Saulteau First Nations, at its sole discretion, may set the rates for the above services. 22. FINANCING AND CONSTRUCTION BY SAULTEAU FIRST NATIONS 22.1 Financing The Saulteau First Nations may arrange financing for: (a) servicing of land for Rental Units, Rent-to-Own Units, and Serviced Building Sites; (b) construction of new Rental Units or Rent-to-Own Units; (c) renovation of existing Rental Units or Rent-to-Own Units; through borrowings, government funding and other revenue sources as determined by SFN Leadership from time to time on the advice of SFN Administration In allocating resources for the purposes set out in Section , SFN Leadership takes into account: (a) the needs of SFN Citizens both on- and off- Reserve Lands; (b) the economic viability of the housing programs operated by Saulteau First Nations and the general objective that aggregate revenues from housing programs should 44

45 be sufficient to offset long-term costs of site servicing, housing construction and long-term replacement, debt service, repair and maintenance of housing, and personnel and overhead costs associated with the housing programs; (c) Saulteau First Nations capacity to borrow and service debt For certainty, the interest rate, term and principal amount of a loan used to finance construction or renovation of a particular Rent-to-Own Unit or Rent-to-Own Unit do not determine the Occupancy Charges payable in relation to that particular unit pursuant to a Rental Agreement or Rent-to-Own Agreement Construction of Rental Units and Rent-to-Own Units The size, location and design of new Rental Units and Rent-to-Own Units will be determined by the Saulteau First Nations taking into account: (a) the needs of SFN Citizens both on- and off- Reserve Lands; (b) the responsible stewardship of Saulteau First Nations land; (c) the efficient use of the Saulteau First Nations land and financial resources. 23. INSPECTION OF RENTAL AND RENT-TO-OWN UNITS 23.1 Notice After giving the Tenant at least 24 hours written notice, a person authorized by the SFN Administration may enter a Rental Unit or a Rent-to-Own Unit to ensure that the Housing Unit is in good repair or for any other reasonable purpose The notice must be specific as to the day and time the inspection will take place Notice is not required if the Tenant has previously agreed to entry for a specified purpose at a specified time or range of times Notice not Required A person authorized by the SFN Administration may enter a Rental Unit and Rent-to- Own Unit without notice if: (a) (b) it has been reported or suspected that the Tenant has abandoned the home; or there is an emergency that in the determination of SFN Administration requires immediate action. 45

46 23.3 Move-out Inspections The SFN Administration will conduct move-out inspections with the vacating Tenant. After the move-out inspection, a Condition Inspection Report will be provided to the Tenant, itemizing costs and repairs that are the Tenant s responsibility Fire Safety Inspections. 24. PETS The SFN Administration will arrange with the Moberly Lake Volunteer Fire Department to conduct annual fire safety inspections. Tenants must cooperate with such inspections and correct any fire safety issues identified by the Fire Department Kinds of Pets Permitted No livestock, farm animals (e.g. horses, cows, pigs, chickens, etc.), breeding stock or bees will be permitted in or around a Rental Unit or a Rent-to-Own Unit except in accordance with Saulteau First Nations bylaws Pet Agreement A Tenant must not have a pet unless s/he enters into a Pet Agreement and pays a Pet Deposit to Saulteau First Nations in accordance with the Pet Agreement Any failure to abide by the terms of the Pet Agreement may result in the termination of the Rental Agreement or Rent-to-Own Agreement Control of Pets A Tenant must keep their pets under control at all times and must not permit their pets to threaten any other person or animal within the community If the SFN Administration determines that a Tenant s pet is threatening or disturbing others, it may require the Tenant to rectify the situation. If the Tenant fails to comply with a notice to do so, SFN Administration may require the Tenant to remove the pet from their home on 30 days written notice Pet Accommodation A Tenant must not modify their Housing Unit to accommodate a pet, such as by construction of pens, fencing or other structures, without prior approval as an Alteration pursuant to this Housing Policy. All approved structures will be the responsibility of the Tenant. The Tenant must remove any such structures on termination of the Tenancy Agreement or the Rent-to-Own Agreement Damage Caused by Pets A Tenant must repair any damage to their Housing Unit or the Yard caused by a pet. 46

47 If a Tenant fails to complete those repairs within a reasonable period after notice from SFN Administration, the SFN Administration may make the repairs and recover the cost from the Tenant or set it off against the pet deposit. Any unpaid amounts will be considered Arrears of rent. 25. INSURANCE AND INDEMNIFICATION 25.1 Responsibilities for the Provision of Insurance Saulteau First Nations is responsible for insuring the structure of all Rental Units and Rent-to-Own Units Saulteau First Nations may insure an Individual Housing Units while it is subject to a Financing Assistance Agreement All insurance premiums are recoverable by Saulteau First Nations from the Tenant or Homeowner, as the case may be A Tenant or Homeowner is responsible for insuring their personal property within and around a Housing Unit or Building Site at all times. 26. AMENDMENT TO POLICY 26.1 Policy to be Amended at any Time This Housing Policy may be amended at any time and from time to time by SFN Leadership. 27. FIREARMS 27.1 Storage and Handling of Firearms Tenants and Homeowners must ensure that firearms are stored in a safe and secure manner in accordance with the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations, SOR/98-209, as amended from time to time. 28. DANGEROUS GOODS 28.1 Storage of Dangerous Goods Tenants and Homeowners must properly store all combustibles, explosives, gases (compressed, deeply refrigerated, liquefied or dissolved under pressure), flammable and combustible liquids, flammable solids, oxidizing substances, poisonous and infectious substances, corrosives and any other products, substances or organisms considered to be dangerous to life, health, property or the environment when handled in accordance with the laws of British Columbia and the federal laws of Canada applicable in British Columbia Failure to comply with section above, may be cause for eviction. 47

48 28.2 Storage Tank Systems for Fuel Tenants and Homeowners must ensure that the storage of fuel is done in accordance with the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations, SOR/ , as amended from time to time. 29. CONDEMNED HOUSING UNITS 29.1 Condemning Housing Units Subject to section 29.2 below, SFN Leadership may declare a Housing Unit to be unfit for habitation, upon acceptance of a professional report demonstrating that it is not in compliance with British Columbia s 2012 Building Code, Plumbing Code and Fire Code, as amended from time to time A Condemned Housing Unit will be boarded up to ensure no one can enter it. Once a Housing Unit has been condemned, the SFN Administration will have it torn down and removed in a timely manner Remediation Attempts SFN Leadership shall only exercise its authority to condemn a Housing Unit after taking all commercially reasonable steps for remediation. For greater certainty, if the cost of the restoration is equal to or exceeds the value of the Housing Unit, it shall be commercially reasonable to condemn the Housing Unit. 30. CROSS-REFERENCE TO OTHER POLICIES 30.1 Other SFN Policies, Laws and Bylaws This Housing Policy will be read in conjunction with Saulteau First Nations policies, bylaws and laws In the event of a conflict between of a provision of this Housing Policy and a provision in any Saulteau First Nations bylaws and laws, the provisions of the bylaw and laws will prevail to the extent of the conflict. 48

49 Appendix A Application Procedures for Housing Units and Building Sites These procedures apply to every application for a Rental Unit, a Rent-to-Own Unit or a Building Site under this Housing Policy. In this Appendix, Application Form means a Rental Application Form, a Rent-to-Own Application Form or Building Site Application Form, as the case may be. A request for a Non-Serviced Building Site follows the process set out in Section 15.4; an application for Financing Assistance follows the process set out in Section An Application Form must be submitted to the SFN Administration by either: (a) (b) in-person delivery to the SFN Band Office; or registered mail to: SFN Housing Department PO Box 1020 Chetwynd BC V0C 1J0 and not by or facsimile delivery. 2. Each Application Form will be stamped with the date and time of receipt directly on the Application Form or on the envelope containing the Application Form. 3. Each Application Form must contain full and accurate information. The SFN Administration may disqualify an application containing false or misleading information. 4. Within 8 working days, following receipt of an Application Form, the SFN Administration or delegated staff will verify the Applicant s eligibility for a Rental Unit or a Rent-to-Own Unit, as the case may be, and upon verification, the application will be deemed to be complete as at the date of application. 5. If the SFN Administration rejects an application, the SFN Administration will provide written reasons for the rejection. 6. A photocopy of the date-stamped Application Form will be provided to the Applicant within 14 calendar days whether it is accepted or rejected. 49