STUDENT TEMPORARY HOUSING ASSISTANCE PROGRAM ASSISTANCE AGREEMENT This Assistance Agreement ( Agreement ) is made effective the last date of signature hereof by the Director of Housing ( Effective Date ) between the below identified participant ( Student ) or the parent, guardian or custodian, if the Student is under the age of eighteen (18) ( Parent ) and the Pokagon Band of Potawatomi Indians ( Band ). Any capitalized terms, which are used, but not defined in this Agreement, shall have the same meaning as set forth in the Eligibility, Admission and Occupancy Policy for All Programs ( Program Policy ). The signatory to this Agreement may be referred to as the Participant. Recitals 1. The Tribal Council has approved policies and procedures governing the Band s housing programs ( Programs ), including but not limited to, the Program Policy. 2. The Department of Housing is charged with administering the Programs, including but not limited to, the Student Temporary Housing Assistance Program ( STHAP ) in accordance with the Program Policy. 3. Section 5.10 of the Program Policy requires the Student, or Parent, as applicable, to enter into this Agreement with the Band prior to expenditure of funds under the STHAP. 4. The Student has applied for assistance under the STHAP, and the Band seeks to provide such assistance in accordance with this Agreement. In consideration of the promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows. 1. Acknowledgement Terms and Conditions The Program Policy is attached hereto as Addendum A and is incorporated into this Agreement. The Student and Parent hereby acknowledge that they: received a copy of the Program Policy; had a sufficient opportunity to read the Program Policy; and had a sufficient opportunity to ask Department of Housing staff questions regarding the Program Policy, including but not limited to, Article 5, which states general requirements for all Programs, and Article 7, which states specific requirements for the STHAP. 2. Compliance In connection with participating in the STHAP, the Student and Parent shall comply fully with all applicable laws, rules, regulations, policies and procedures, including but not limited to, the Program Policy. 1
(d) The Student shall continue to satisfy all eligibility requirements at all times while participating in the STHAP, including but not limited to, the requirements of Articles 5 and 7 of the Program Policy. The Student and Parent shall ensure that all Household Members comply fully with this Agreement. Any violation of this Agreement by the Student shall be deemed a violation by the Parent. The Participant shall promptly notify the Department of Housing of any circumstance or event which may affect eligibility for the STHAP, including but not limited to, changes in Household composition or income. 3. Rental Assistance Amount Student rental assistance shall not exceed $200 per month and may be adjusted annually. Student rental assistance may be paid for up to sixty (60) months, subject to compliance with this Agreement and the Program Policy. The Participant acknowledges the following: (1) Student rental assistance will not be used to pay rent, directly or indirectly, to any parent, custodian or guardian, unless the rental unit is wholly self-contained and the parent, custodian or guardian does not reside at the rental unit. (2) Student rental assistance shall not be used to pay any mortgage of the student, or any parent, custodian, guardian or any other family member of the student. (3) Student rental assistance may be used to pay rent to a family member other than a parent, custodian or guardian. 4. Low Income Calculation The Participant hereby certifies one of the following in connection with the Department of Housing calculating the Low Income Household requirement: if the Student is eighteen (18) years of age or older and will file a federal income tax return during the current tax year separate from his or her parent, guardian or custodian, then only the Student s income will be used in determining eligibility; or in all other cases, the Household income of the Applicant s parent, guardian or custodian shall be included in determining eligibility. 2
5. Termination The Department of Housing retains the right to terminate this Agreement, and all assistance provided hereunder, if: (1) the Student or Parent, as applicable, fails to comply with all applicable laws, rules, regulations, policies or procedures; (2) the Student or Parent, as applicable, fails to continue to meet all eligibility requirements,; (3) the rental unit is ineligible under the STHAP; (4) the Student or Parent, as applicable, violates this Agreement; or (5) there is a lack of funding for the STHAP. The Department shall utilize the procedures stated in Article 21 of the Program Policy to terminate this Agreement, including providing the Participant with notice of termination pursuant to Section 21.2 prior to terminating this Agreement. 6. Appeal If the Department of Housing terminates this Agreement, the Participant shall have the opportunity to Appeal such determination pursuant to the procedures set forth in Article 22 of the Program Policy. Notwithstanding the forgoing, consistent with Subsection 21.1 of the Program Policy, no provision of this Agreement shall govern or limit, in any way, the right of any landlord, including the Band, to terminate any lease or rental agreement with any Participant; rather all such terminations shall be governed solely by the lease or rental agreement and applicable law, which may include the Housing Act. Any failure by the Participant to comply fully with the requirements of Article 22 of the Program Policy, including but not limited to, the timelines stated therein, shall waive all rights to appeal. 7. General This Agreement, along with the STHAP Application and Addendum A, constitutes the entire agreement between the Participant and the Band with respect to the subject matter of this Agreement, and supersedes any prior conversations or writings. Pursuant to Subsection 5.10(f) of the Program Policy, all amendments to the Program Policy shall be automatically incorporated into this Agreement without further action 3
by the parties. The Department of Housing shall provide a copy of any such amendments to the Participant. In the event of any conflict between any provision of the Program Policy and this Agreement, the Program Policy shall control. (d) (e) (f) (g) (h) (i) Except as otherwise provided herein, this Agreement shall be amended only in writing signed by the Director of Housing and the Participant, as applicable. If any provision of this Agreement is held to be invalid or unenforceable, it shall be ineffective only to the extent of the invalidity, without affecting or impairing the validity and enforceability of the remainder of the provision or the remaining provisions of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all such counterparts shall together constitute the same agreement. Neither the Student nor the Parent shall assign any interest in or rights under this Agreement, nor delegate any obligations or responsibilities under this Agreement, without the prior written authorization of the Band, and any attempted or purported assignment or delegation shall be null and void. No term or provision of this Agreement shall be deemed waived and no breach or default shall be deemed excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. All notices shall be provided in a manner consistent with the Program Policy, including but not limited to, Section 23.2. This Agreement shall be interpreted pursuant to the laws of the Band. The Band has not waived the sovereign immunity of the Band, the Department of Housing, or its officers, employees and representatives in connection with this Agreement. [Signature page follows] 4
The undersigned Participant hereby: certifies that he or she has reviewed this entire Agreement; certifies that he or she has entered into this Agreement voluntarily with full knowledge of its consequences and without duress; agree to be bound by all provisions of this Agreement; (d) affirms that all information provided to the Department of Housing in connection with the STHAP is complete, accurate and truthful in all respects; and (e) understands that if any false or misleading information was provided in connection with the STHAP, then the Band retains the right to terminate this Agreement and to exercise or pursue all available remedies, including but not limited to, referral for prosecution. If the Student is eighteen (18) years of age or older, the Student must sign this Agreement as the Participant, otherwise the Parent must sign below. Participant Print Signature Date If the Parent is the signatory, then state full name of the Student below. Print 5
RECOMMENDATION AND WITNESS The undersigned Department of Housing staff member recommends approval of this Agreement, and hereby certifies that he or she witnessed the Participant execute this Agreement. Signature Title Date DIRECTOR OF HOUSING APPROVAL Based on the above recommendation, this Agreement is approved this day of, 20 Director of Housing Date 6