HOUSING

[Title 25 CFR K]
[Code of Federal Regulations (annual edition) - April 1, 2004 Edition]
[Title 25 - INDIANS]
[Chapter I - BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR]
[Subchapter K - HOUSING]
[From the U.S. Government Printing Office]

25INDIANS12004-04-012004-04-01falseHOUSINGKSUBCHAPTER KINDIANSBUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
SUBCHAPTER K_HOUSING

PART 256_HOUSING IMPROVEMENT PROGRAM--Table of Contents

Sec.
256.1 Purpose.
256.2 Definitions.
256.3 Policy.
256.4 Information collection.
256.5 What is the Housing Improvement Program?
256.6 Am I eligible for the Housing Improvement Program?
256.7 What housing services are available under the Housing Improvement
Program?
256.8 When do I qualify for Category A assistance?
256.9 When do I qualify for Category B assistance?
256.10 When do I qualify for Category C assistance?
256.11 What are the occupancy and square footage standards for a
dwelling provided with Category C assistance?
256.12 Who administers the Housing Improvement Program?
256.13 How do I apply for the Housing Improvement Program?
256.14 What are the steps that must be taken to process my application
for the Housing Improvement Program?
256.15 How long will I have to wait for repair, renovation, or
replacement of my dwelling?
256.16 Who is responsible for identifying what work will be done on my
dwelling?
256.17 What will the servicing housing office do to identify what work
is to be done on my dwelling?
256.18 How will I be advised of what work is to be done?
256.19 Who performs the improvements, repairs, or replacement of my
dwelling?
256.20 How are these repairs or construction trades persons, home
building contractors, or construction companies selected and
paid?
256.21 Will I have to vacate my dwelling while repair work or
replacement of my dwelling is being done?
256.22 How can I be sure that the work that is being done on my dwelling
meets minimum construction standards?
256.23 How will I be advised that the repair, renovation or replacement
of my dwelling has been completed?
256.24 Will I need flood insurance?
256.25 Is my Federal government-assisted dwelling eligible for services
under the Housing Improvement Program?
256.26 Can I receive Housing Improvement Program services if I am living
in a mobile home?
256.27 Can Housing Improvement Program resources be supplemented with
other available resources?
256.28 What can I do if I disagree with actions taken under the Housing
Improvement Program?

Authority: 25 U.S.C. 13.

Source: 63 FR 10134, Mar. 2, 1998, unless otherwise noted.

Sec. 256.1 Purpose.

The purpose of the part is to define the terms and conditions under
which assistance is given to Indians under the Housing Improvement
Program (HIP).

Sec. 256.2 Definitions.

As used in this part 256:
Agency means the current organizational unit of the Bureau that
provides direct services to the governing body or bodies and members of
one or more specified Indian tribes.
Appeal means a written request for review of an action or the
inaction of an official of the Bureau of Indian Affairs that is claimed
to adversely affect the interested party making the request, as provided
in part 2 of this chapter.
Applicant means an individual or persons on whose behalf an
application for services has been made under this part.
BIA means the Bureau of Indian Affairs in the Department of the
Interior.
Child means a person under the age of 18 or such other age of
majority as is established for purposes of parental support by tribal or
state law (if any) applicable to the person at his or her residence,
except that no other person who has been emancipated by marriage can be
deemed a child.
Cost effective means the cost of the project is within the cost
limits for the category of assistance and adds sufficient years of
service to the dwelling to satisfy the recipient's housing needs well
into the future.
Disabled means legally blind; legally deaf; lack of or inability to
use one or

[[Page 661]]

more limbs; chair or bed bound; inability to walk without crutches or
walker; mental disability in an adult of a severity that requires a
companion to aid in basic needs, such as dressing, preparing food, etc.;
or severe heart and/or respiratory problems preventing even minor
exertion.
Family means one or more persons maintaining a household.
Household means persons living with the head of household who may be
related or unrelated to the head of household and who function as
members of a family.
Independent trades person means any person possessing the ability to
perform work in a particular vocation.
Indian means any person who is a member of any of those tribes
listed in the Federal Register pursuant to 25 CFR part 83, as recognized
by and receiving services from the Bureau of Indian Affairs.
Indian tribe means an Indian or Alaska Native tribe, band, nation,
pueblo, village or community that the Secretary of the Interior
acknowledges to exist as an Indian tribe pursuant to Pub. L. 103-454,
108 Stat. 4791.
Permanent members of household means adults living in the household
that intend to live there continuously from now on and any children
defined as a child in this part.
Regional Director means the officer in charge of a Bureau of Indian
Affairs regional office or his/her authorized delegate.
Secretary means the Secretary of the Interior.
Service area means the reservations (former reservations in
Oklahoma), allotments, restricted lands, and Indian- owned lands
(including lands owned by corporations established pursuant to the
Alaska Native Claims Settlement Act) within a geographical area
designated by the tribe and approved by the Area Director to which
equitable services can be delivered.
Servicing housing office means the tribal housing office or bureau
housing assistance office administering the Housing Improvement Program
in the service area in which the applicant resides.
Standard Housing means a dwelling that is decent, safe, and
sanitary.
(1) Except as provided in paragraph (2) of this definition, standard
housing must meet each of the following conditions:
(i) General construction must conform to applicable tribal, county,
State, or national codes and to appropriate building standards for the
region;
(ii) The heating system must have the capacity to maintain a minimum
temperature of 70 degrees in the dwelling during the coldest weather in
the area;
(iii) The heating system must be safe to operate and maintain and
deliver a uniform heat distribution;
(iv) The plumbing system must include a properly installed system of
piping and fixtures;
(v) The electrical system must include wiring and equipment properly
installed to safely supply electrical energy for lighting and appliance
operation;
(vi) Occupants per dwelling must not exceed these limits:
(A) Two bedroom dwelling: Up to four persons;
(B) Three-bedroom dwelling: Up to seven persons;
(C) Four-bedroom dwelling: Adequate for all but the very largest
families;
(vii) The first bedroom must have at least 120 sq. ft. of floor
space and additional bedrooms have at least 100 sq. ft. of floor space
each;
(viii) The house site must provide economical access to utilities
and must be easy to enter and leave; and
(ix) Aesthetics and access to school bus routes must be considered.
(2) The following exceptions apply to the standards in paragraph (1)
of this definition:
(i) If access to a particular utility is not available and there is
no prospect of access becoming available, then the standard relating to
that utility does not apply; and
(ii) In regions of severe climate, the size of the house may be
reduced to meet the region's applicable building standards.
Substandard housing means condition(s) exist that do not meet the
definition of standard housing in this part of the rule.

[[Page 662]]

Superintendent means the Bureau official in charge of an agency
office.

[63 FR 10134, Mar. 2, 1998, as amended at 64 FR 13896, Mar. 23, 1999; 67
FR 77920, Dec. 20, 2002]

Sec. 256.3 Policy.

(a) The Bureau of Indian Affairs housing policy is that every
American family should have the opportunity for a decent home and
suitable living environment. The Housing Improvement Program will serve
the neediest of the needy Indian families who have no other resource for
standard housing.
(b) Every Indian who meets the basic eligibility criteria defined in
Sec. 256.6 is entitled to participate in the program. Participation is
based on priority of need, regardless of tribal affiliation.
(c) Tribal participation in and direct administration of the Housing
Improvement Program is encouraged to the maximum extent possible. Tribal
involvement is necessary to ensure that the services provided under the
program are responsive to the needs of the tribes and the program
participants.
(d) Partnerships with complementary improvement programs are
encouraged to increase basic benefits derived from the Housing
Improvement Program fund. An example is the agreement with Indian Health
Services to provide water and sanitation facilities for Housing
Improvement Program houses.

Sec. 256.4 Information Collection.

The information collection requirements contained in Sec. 256.9
have been approved by the Office of Management and Budget under 44
U.S.C. 3507 et seq. and assigned clearance number 1076-0084. The
information is collected to determine applicant eligibility for services
and eligibility to participate in the program based on the criteria
referenced in Sec. Sec. 256.9 and 256.10. Response is required to
obtain a benefit. The public reporting burden for this form is estimated
to average thirty minutes per response, including the time for reviewing
the instructions, gathering and maintaining data, and completing and
reviewing the form.

Sec. 256.5 What is the Housing Improvement Program?

The Housing Improvement Program is a safety-net program that
provides grants for the cost of services to repair, renovate, replace,
or provide housing. The program provides grants to the neediest of the
needy Indian families who:
(a) Live in substandard housing or are without housing; and
(b) Have no other resource for assistance.

[67 FR 77920, Dec. 20, 2002]

Sec. 256.6 Am I eligible for the Housing Improvement Program?

You are eligible for the Housing Improvement Program if:
(a) You are a member of a Federally recognized American Indian tribe
or Alaska Native village;
(b) You live in an approved tribal service area;
(c) Your annual income does not exceed 125 percent of the Department
of Health and Human Services poverty income guidelines. These guidelines
are available from your servicing housing office;
(d) Your present housing is substandard as defined in Sec. 256.2;
and
(e) You meet the ownership requirements for the assistance needed,
as defined in Sec. 256.8, Sec. 256.9, or Sec. 256.10;
(f) You have no other resource for housing assistance;
(g) You have not received assistance after October 1, 1986, for
repairs and renovation, replacement or housing, or down payment
assistance; and
(h) You did not acquire your present housing through participation
in a Federal government-sponsored housing program that includes
provision for the assistance referred to in paragraph (g) of this
section.

[63 FR 10134, Mar. 2, 1998; 64 FR 13896, Mar. 23, 1999]

[[Page 663]]

Sec. 256.7 What housing services are available under the Housing Improvement
Program?

There are three categories of assistance available under the Housing
Improvement Program, as outlined in the following table.

------------------------------------------------------------------------
Where to find
Type of assistance What it provides information
------------------------------------------------------------------------
Category A............... Up to $2,500 in safety Sec. 256.8
or sanitation repairs
to the dwelling in
which you live, which
will remain
substandard. Can be
provided more than
once, but for not more
than one dwelling and
the total assistance
cannot exceed $2,500.
Category B............... Up to $35,000 in repairs Sec. 256.9
and renovation, which
will bring your
dwelling to Standard
Housing condition, as
defined in Sec.
256.2. Can only be
provided once.
Category C............... A modest dwelling that Sec. 256.10 &
meets the criteria in Sec. 256.11.
Sec. 256.11; and the
definition of Standard
Housing in Sec.
256.2; and whose costs
are determined by and
limited to the criteria
in 256.17(b). can only
be provided once.
------------------------------------------------------------------------

[63 FR 10134, Mar. 2, 1998, as amended at 67 FR 77920, Dec. 20, 2002]

Sec. 256.8 When do I qualify for Category A assistance?

You qualify for interim improvement assistance under Category A if
it is not cost effective to renovate the dwelling in which you live and
if either of the following is true:
(a) Other resources to meet your housing needs exist but are not
immediately available; or
(b) You qualify for replacement housing under Category C, but there
are no Housing Improvement Program funds available to replace your
dwelling.

[63 FR 10134, Mar. 2, 1998, as amended at 67 FR 77920, Dec. 20, 2002]

Sec. 256.9 When do I qualify for Category B assistance?

You qualify for repairs and renovation assistance under Category B
if you meet the requirements of this section.
(a) Your servicing housing office must determine that it is cost
effective to repair and renovate the dwelling.
(b) You must occupy the dwelling and must either:
(1) Own the dwelling; or
(2) Lease the dwelling with:
(i) An undivided leasehold (i.e., you are the only lessee); and
(ii) A leasehold that will last at least 25 years from the date that
you receive the assistance.
(c) The servicing housing office must determine that the repairs and
renovation will bring the dwelling to standard housing condition.
(d) You must sign a written agreement stating that, if you sell the
dwelling within 5 years of the completion of repairs and renovation:
(1) The assistance grant under this part will be voided; and
(2) At the time of settlement, you will repay BIA the full cost of
all repairs and renovation made under this part.

[63 FR 10134, Mar. 2, 1998, as amended at 67 FR 77920, Dec. 20, 2002]

Sec. 256.10 When do I qualify for Category C assistance?

(a) You qualify for replacement housing assistance under Category C
if you meet one of the four sets of requirements in the following table.

------------------------------------------------------------------------
You qualify for Category C
assistance if * * * And * * * And * * *
------------------------------------------------------------------------
You own the dwelling in The dwelling cannot ....................
which you are living. be brought up to
applicable building
code standards and
to standard housing
condition for
$35,000 or less.
You lease the dwelling in Your leasehold is The dwelling cannot
which you are living. undivided and for be brought up to
not less than 25 applicable building
years at the time code standards and
that you receive to standard housing
assitance. condition for
$35,000 or less.

[[Page 664]]

You do not own a dwelling... You own land that is The land has
suitable for adequate ingress
housing. and egress rights
and economical
access to
utilities.
You do not own a dwelling... You have a leasehold The land has
on land that is adequate ingress
suitable for and egress rights
housing and the and economical
leasehold is access to
undivided and for utilities.
not less than 25
years at the time
you receive
assistance.
------------------------------------------------------------------------

(b) If you qualify for assistance under paragraph (a) of this
section, you must sign a written grant agreement stating that, if you
sell the dwelling within 10 years of assuming ownership:
(1) The grant under this part will be voided; and
(2) At the time of settlement, you will repay BIA the full cost of
the dwelling.
(c) If you sell the dwelling more than 10 years after you assume
ownership, the following conditions apply:
(1) You may retain 10 percent of the original cost of the dwelling
per year, beginning with the eleventh year.
(2) If you sell the dwelling after the first 20 years, you will not
have to repay BIA.

[63 FR 10134, Mar. 2, 1998, as amended at 67 FR 77921, Dec. 20, 2002]

Sec. 256.11 What are the occupancy and square footage standards for a
dwelling provided with Category C assistance?

A modest dwelling provided with Category C assistance will meet the
standards in the following table.

------------------------------------------------------------------------
Total
dwelling
Number of occupants Number of square
bedrooms footage \1\
(maximum)
------------------------------------------------------------------------
1-3........................................... \2\ 2 900
4-6........................................... \2\ 3 1050
7 or more..................................... \2\ 4 \3\1350
------------------------------------------------------------------------
\1\ Total living space; does not include hallways or modest-sized
bathrooms or closets.
\2\ Determined by the servicing housing office, based on composition of
family.
\3\ Adequate for all but the very largest families.

[67 FR 77921, Dec. 20, 2002]

Sec. 256.12 Who administers the Housing Improvement Program?

The Housing Improvement Program is administered by a servicing
housing office operated by:
(a) A Tribe, under a Pub. L. 93-638 contract or a self-governance
annual funding agreement; or
(b) The Bureau of Indian Affairs.

Sec. 256.13 How do I apply for the Housing Improvement Program?

(a) First, you must obtain an application, BIA Form 6407, from your
nearest servicing housing office.
(b) Second, you must complete and sign BIA Form 6407.
(c) Third, you must submit your completed and signed application to
your servicing housing office. Submission to the nearest BIA housing
office does not preclude tribal approval of the application.
(d) Fourth, you must furnish documentation proving tribal
membership. Examples of acceptable documentation include a copy of your
Certificate of Degree of Indian Blood (CDIB) or a copy of your tribal
membership card.
(e) Fifth, you must provide proof of income from all permanent
members of your household.
(1) You must submit signed copies of current 1040 tax returns from
all permanent members of the household, including W-2's and all other
attachments.
(2) You must provide proof of all other income from all permanent
members of the household. This includes unearned income such as social
security, general assistance, retirement, and unemployment benefits.
(3) If you or other household members did not file a tax return, you
must submit a signed notarized statement explaining why you did not.
(f) Sixth, you must furnish a copy of your annual trust income
statement from your Individual Indian Money (IIM) account, for royalty,
lease, and other monies, from your home agency. If you do not have an
account, you

[[Page 665]]

must furnish a statement from your home agency to that effect.
(g) Seventh, you must provide proof of ownership of the residence
and/or land:
(1) For fee property, you must provide a copy of a fully executed
Warranty Deed, which is available at your local county court house;
(2) For trust property, you must provide certification from your
home agency;
(3) For tribally owned land, you must provide a copy of a properly
executed tribal assignment, certified by the agency; or
(4) For multi-owner property, you must provide a copy of a properly
executed lease.

[63 FR 10134, Mar. 2, 1998, as amended at 67 FR 77921, Dec. 20, 2002]

Sec. 256.14 What are the steps that must be taken to process my application
for the Housing Improvement Program?

(a) The servicing housing office must review your application for
completeness. If your application is incomplete, the office will notify
you, in writing, what is needed to complete your application and the
date it must be submitted. If you do not return your application by the
deadline date, you will not be considered for assistance in that program
year.
(b) The servicing housing office will use your completed application
to determine if you are eligible for the Housing Improvement Program.
(1) If you are found ineligible for the Housing Improvement Program
or otherwise do not qualify for the program, the servicing housing
office will advise you in writing within 45 days of receipt of your
completed application.
(2) If you are found eligible for the Housing Improvement Program,
the servicing housing office will assess your application for need,
according to the factors and numeric values shown in the following
table.

------------------------------------------------------------------------
Ranking factor and Randing
Factor definition description Point descriptors
------------------------------------------------------------------------
1............ Annual Household Income/125% FPG Points
Income: Must \1\ (maximum=40):
include income of (% of 125% FPC)
all persons \1\.
counted in
Factors 2, 3, 4.
Income includes
earned income,
royalties, and
one-time income.
0-25 40
26-50 30
51-75 20
76-100 10
101-125 0
2............ Aged Persons: For Years of Age: Points:
the benefit of
persons age 55 or
older, and Must
be living in the
dwelling.
Less than 55..... 0
55 and older..... 1 point per year
of age over 54
3............ Disabled % of Disability-- Points
Individual: Any (A% + B%/2):. (Maximum=20):
one (1) disabled
person living in
the dwelling.
(The percentage
of disability
must be based on
the average
(mean) of the
percentage of
disabilities
identified from
two sources (A+B)
of statements of
conditions which
may include a
physician's
certification,
Social Security
or Veterans
Affairs
determination, or
similar
determination).
100%............. 20
or...............
Less than 100%... 10
4............ Dependent Dependent Child-- Points (Maximum =
Children: Must be (Number of 5):
under the age of Children):
18 or such other
age established
for purposes of
parental support
by tribal or
state law (if
any). Must live
in the dwelling
and not be
married.
1................ 0
2................ 1
3................ 2
4................ 3
5................ 4
6 or more........ 5
------------------------------------------------------------------------
\1\ FPG means Federal Poverty Guidelines.

[[Page 666]]

(c) The servicing housing office will develop a list of the
applications considered and/or received for the Housing Improvement
Program for the current program year. The list will include, at a
minimum, sufficient information to determine:
(1) The current program year;
(2) The number of applications considered and/or received;
(3) The eligible applicants, ranked in order of need, from highest
to lowest, based on the total numeric value assigned according to the
factors shown in table B. (In the case of a tie, the family with the
lower income will be listed first);
(4) The estimated allowable costs of the improvements, repairs or
replacement projects for the eligible applicants and the ``Priority
List,'' identifying which applicants will be served based on the amount
of available funding, starting with the most needy applicant and
continuing until the amount of available funding is depleted; and
(5) The applicants not ranked, with an explanation (such as reason
for ineligibility or reason for incomplete application).
(d) Your servicing housing office will inform you in writing within
45 days of completion of the listing whether funding is available to
provide Housing Improvement Program services to you in that program
year.
(1) If funding is available, you will be provided appropriate
information concerning the availability of Housing Improvement Program
services.
(2) If funding is not available, you will be advised, in writing,
and provided appropriate information concerning submission for the next
available program year. At the option of your servicing housing office
and when extenuating circumstances exist, your application can be
carried forward, for one year, into the next program year. You will be
advised that you must provide written confirmation that the information
in your application is still accurate and that you must provide current
income documentation for that application to be considered in the next
program year.
(e) Your servicing housing office will prepare an annual report
identifying construction work undertaken during the fiscal year and
related construction expenditures. The annual report is due to the
servicing regional office on the fifteenth day after the end of the
fiscal year. The report, at a minimum, will contain:
(1) Number of Eligible Applicants;
(2) Number of Applicants Provided Service;
(3) Names of Applicants Provided Service;
(4) For Each Applicant Provided Service:
(i) Date of Construction Start;
(ii) Date of Construction Completion, if applicable;
(iii) Cost;
(iv) HIP Category.

[63 FR 10134, Mar. 2, 1998, as amended at 67 FR 77921, Dec. 20, 2002]

Sec. 256.15 How long will I have to wait for repair, renovation, or
replacement of my dwelling?

The length of time that it takes to accomplish the work to be done
on your dwelling is dependent on:
(a) Whether funds are available;
(b) The type of work to be done;
(c) The climate and seasonal conditions where your dwelling is
located;
(d) The availability of a contractor;
(e) Your position on the priority list; and
(f) Other unforeseen factors.

Sec. 256.16 Who is responsible for identifying what work will be done
on my dwelling?

The servicing housing office is responsible for identifying what
work is to be done on your dwelling or whether your dwelling will be
replaced. This includes responsibility to communicate and coordinate,
through provision of the current Priority List, with the Indian Health
Service, when it is the organization responsible for verifying the
availability/feasibility of water and wastewater facilities.

Sec. 256.17 What will the servicing housing office do to identify what
work is to be done on my dwelling?

(a) First, a trained and qualified representative of your servicing
housing office must visit your dwelling to identify what repairs or
renovation are to

[[Page 667]]

be done under the Housing Improvement Program. The representative must
ensure that flood, National Environmental Protection Act (NEPA) and
earthquake requirements are met.
(b) Second, based on the list of repairs or renovation to be done,
the representative must estimate the total cost of repairs or renovation
to your dwelling. Cost estimates must be based on locally available
services and product costs, or other regional-based, industry-recognized
cost data, such as that provided by the MEANs or MARSHALL SWIFT. If the
dwelling is located in Alaska, documented, reasonable, substantiated
freight costs, in accordance with Federal Property Management
Regulations (FPMR 101-40), not to exceed 100 percent of the cost of
materials, can be added to the cost of the project.
(c) Third, the representative must determine which Housing
Improvement Program category the improvements to your dwelling meet,
based on the estimated cost of repairs or renovation. If the estimated
cost to repair your dwelling is more than $35,000, the representative
must approve your dwelling for replacement or refer you to another
source for housing. The other source does not have to be for a
replacement dwelling; it may be for government-subsidized rental units
or other sources for standard housing.
(d) Fourth, the representative must develop a detailed, written
report, also called ``bid specifications'' that identifies what and how
the repairs, renovation, or construction work is to be accomplished at
the dwelling.
(1) When the work includes new construction, the ``bid
specifications'' will be supplemented with a set of construction plans.
The plans must not exceed the occupancy and square footage criteria
identified in Sec. 256.11. The plans must be sufficiently detailed to
provide complete instructions to the builder for the purpose of
construction.
(2) ``Bid Specifications'' are also used to inform potential bidders
of what work is to be done.

[63 FR 10134, Mar. 2, 1998, as amended at 67 FR 77922, Dec. 20, 2002]

Sec. 256.18 How will I be advised of what work is to be done?

You will receive written notice from the servicing housing office of
what work is being scheduled under the Housing Improvement Program. You
will be requested to concur with the scheduled work by signing a copy of
the notice and returning it to the servicing housing office. No work
will be started until the signed copy is returned to the servicing
housing office.

Sec. 256.19 Who performs the improvements, repairs, or replacement
of my dwelling?

Independent or tribal repair or construction trades persons, home
building contractors, or construction companies will perform the
repairs, renovation, or replacement of your dwelling.

[63 FR 10134, Mar. 2, 1998, as amended at 67 FR 77922, Dec. 20, 2002]

Sec. 256.20 How are these repairs or construction trades persons,
home building contractors, or construction companies selected and paid?

The servicing housing office must follow Federal procurement or
other Bureau-approved tribal procurement policy. Generally, your
servicing housing office develops a ``bid specification'' or statement
of work, which identifies the work to be performed. The appropriate
contracting office uses the ``bid specification'' to provide information
and invite bids on the project to interested parties. The contracting
office selects the winning bidder after technical review of the bids by
and written recommendation from the servicing housing office, and after
determination that the bidder is qualified and capable of completing the
project as advertised.
(a) Payments to the winning bidder are negotiated in the contract
and based on specified delivery of services.
(1) Partial payments will not exceed 80 percent of the value of the
completed work.
(2) Final payment will be made after final inspection and after all
provisions of the contract have been met, including punch list items.

[[Page 668]]

Sec. 256.21 Will I have to vacate my dwelling while repair work or
replacement of my dwelling is being done?

(a) You will be notified by the servicing housing office that you
must vacate your dwelling only if:
(1) It is scheduled for major repairs requiring that all occupants
vacate the dwelling for safety reasons; or
(2) It is scheduled for replacement which requires the demolition of
your current dwelling.
(b) If you are required to vacate the premises for the duration of
the construction, you are responsible for:
(1) Locating other lodging;
(2) Paying all costs associated with vacating and living away from
the dwelling; and
(3) Removing all your belongings and furnishings before the
scheduled beginning work date.

Sec. 256.22 How can I be sure that the work that is being done on my
dwelling meets minimum construction standards?

(a) At various stages of construction, a trained and qualified
servicing housing office representative or building inspector will
review the construction to ensure that it meets applicable minimum
construction standards and building codes. Upon completion of each
stage, further construction is prohibited until the inspection occurs
and approval is granted.
(b) Inspections are, at a minimum, made at the following stages of
construction:
(1) Footings;
(2) Closed in, rough wiring and rough plumbing; and
(3) At final completion.

Sec. 256.23 How will I be advised that the repair, renovation or
replacement of my dwelling has been completed?

The servicing housing office will advise you, in writing, that the
work has been completed in compliance with the project contract. Also,
you will have a final walk-through of the dwelling with your servicing
housing office representative. You will be requested to verify that you
received the notice of completion of the work by signing a copy of the
notice and returning it to the servicing housing office representative.

Sec. 256.24 Will I need flood insurance?

You will need flood insurance if your dwelling is located in an area
identified as having special flood hazards under the Flood Disaster
Protection Act of 1973 (Pub. L. 93-234, 87 Stat. 977). Your servicing
housing office will advise you.