25 C.F.R. § 256.9

When do I qualify for Category B assistance?

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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.

Notes of Decisions

Cited in 1 case, 1991–1991 · leading case: Duncan v. United States, 22 Cl. Ct. 615 (Ct. Cl. 1991).

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Duncan v. United States, 22 Cl. Ct. 615 (Ct. Cl. 1991). “The obligation of the BIA pursuant to this agreement to provide housing benefits to plaintiffs is expressly contingent upon plaintiffs providing adequate safeguards for housing against flooding, through one or more of the following: (a) insurance ( 25 C.F.R. § 256.9 ); (b) site…”

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