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e-CFR data is current as of September 23, 2020

Title 25Chapter ISubchapter KPart 256 → Subpart B


Title 25: Indians
PART 256—HOUSING IMPROVEMENT PROGRAM (HIP)


Subpart B—Determining Eligibility


Contents
§256.6   Am I eligible for the Housing Improvement Program?
§256.7   What housing services are available?
§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   When do I qualify for Category D assistance?
§256.12   Who administers the program?

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§256.6   Am I eligible for the Housing Improvement Program?

You are eligible for the HIP if you meet all of the following criteria:

(a) You are a member of a federally recognized Indian tribe;

(b) You live in an approved tribal service area;

(c) Your annual income is 150 percent or less of the Department of Health and Human Services poverty income guidelines, which are available from your servicing housing office or the Department of the Interior Web site at www.bia.gov;

(d) Your present housing is substandard as defined in §256.2;

(e) You meet the ownership requirements for the assistance needed, as defined in §256.8, §256.9, or §256.10;

(f) You have no other resource for housing assistance;

(g) You have not previously received assistance relating to categories as defined in §§256.9, 256.10, and 256.11; and

(h) You did not acquire your present housing through past participation in a Federal government-sponsored housing program over the previous 20 year period.

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§256.7   What housing services are available?

Four categories of assistance are available under the HIP, as outlined in the following table.

Type of assistanceWhat it providesWhere to find information
Category AUp to $7,500 in safety or sanitation repairs to the house in which you live, which will remain substandard. Can be provided more than once, but not for more than one house and the total assistance cannot exceed $7,500. (For Alaska, freight cost not to exceed 100 percent of the cost of materials can be added to the cost of the project.)§256.8.
Category BUp to $60,000 in renovation, which will bring your house to standard housing condition, as defined in §256.2 of this part. Can only be provided once. (For Alaska, freight cost not to exceed 100 percent of the cost of materials can be added to the cost of the project.)§256.9.
Category CA modest house that meets the criteria in §256.10 of this part and the definition of standard housing in §256.2 of this part and whose costs are determined by and limited to the criteria in §256.19(b) and (c) of this part. Can only be provided once. (For Alaska, freight cost not to exceed 100 percent of the cost of materials can be added to the cost of the project.)§256.10.
Category DAssistance towards the purchase of a modest house that meets the definition of standard housing in §256.2§256.11.

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§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 repair the house 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 HIP funds available to replace your house.

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§256.9   When do I qualify for Category B assistance?

You qualify for renovation assistance under Category B if you meet all of the following criteria:

(a) Your servicing housing office determines that it is cost effective to renovate the house.

(b) You occupy and own the house.

(c) Your servicing housing office determines that the renovation will bring the house to standard housing condition according to all applicable building codes.

(d) You sign a written agreement stating that, if you sell the house before satisfaction of the Payback Agreement you will be required to repay the tribe, tribal organization that administers the HIP, or BIA the remaining balance according to the terms of the Payback Agreement:

(1) The grant under this part will be voided; and

(2) At the time of settlement of the sale of the house, you will repay the tribe or tribal organization that operates the HIP or BIA the full cost of all renovations made under this part.

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§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 three sets of requirements in the following table.

You qualify for Category C assistance if .  .  .And .  .  .And .  .  .
(1) You own the house in which you are living as defined in §256.13(g)(1)-(5)The house cannot be brought up to applicable building code standards and to standard housing condition for $60,000 or less. (For Alaska, freight cost not to exceed 100 percent of the cost of materials can be added to the cost of the project)[No additional requirement].
(2) You do not own a houseYou own land that is suitable for housingThe land has adequate ingress and egress rights and reasonable access to utilities.
(3) You do not own a houseYou have a leasehold or the ability to acquire a leasehold on land that is suitable for housing and the leasehold is undivided and for not less than 25 years at the time you receive assistanceThe land has adequate ingress and egress rights and reasonable access to utilities.

(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 house within 10 years of assuming ownership:

(1) The grant under this part will be voided; and

(2) At the time of settlement of the sale of the house, you will repay the tribe or tribal organization that operates the HIP or BIA the full cost of the house.

(c) If you sell the house more than 10 years after you assume ownership, the following conditions apply:

(1) You may retain 10 percent of the original cost of the house per year, beginning with the eleventh year.

(2) If you sell the house after 20 years, you will not have to repay the tribe, tribal organization, or BIA.

(d) A modest house provided with Category C assistance must meet the standards in the following table.

Number of occupantsNumber of bedrooms1Total square footage1
(maximum)
Up to 4 persons21000
Up to six persons31200
7 or more persons41400

1Determined by the servicing housing office, based on composition of family. Total living space must comply with applicable American Disabilities Act requirements.

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§256.11   When do I qualify for Category D assistance?

(a) You qualify for grant assistance under Category D if you apply for financing from tribal, Federal, or other sources of credit and have inadequate income or limited financial resources to meet the lender requirements for home ownership.

(b) The grant must not exceed the amount necessary to secure the loan and may be used for down-payment assistance, closing costs, and pre-home ownership counseling. Participation with other complementary housing programs is encouraged.

(c) The method of awarding the grant must ensure that the funds are used for the purpose intended.

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§256.12   Who administers the program?

The HIP is administered by a servicing housing office operated by either a tribe (under a Pub. L. 93-638 contract or a self-governance annual funding agreement) or BIA.

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