April 27, 2006
Spilyay Tymoo, Warm Springs, Oregon
P T ^ e 11
Housing policy regarding meth
(The following is the Housing
A uthority resolution regarding
methamphetamine inspection.)
Whereas the Twenty-Second
Tribal Council of the Confed
erated T ribes o f the W arm
Springs, pursuant to Article V,
Section I (1) and (s) of the Tribal
Constitution by enactment of
the Warm Springs Tribal Code
(WSTC) Chapter 400; and
Whereas the Tribal Council,
pursuant to the Native Ameri
can H ousing A ssistance and
S e lf-D e te rm in atio n
A ct
(NAHASDA) continues to rec
ognize the Warm Springs Hous
ing Authority, as the Tribally
D esign ated H o usin g E n tity
(TDHE); and
W hereas the H ousing A u
th o rity has d eterm ined that
methamphetamine use and/or
manufacture is a significant and
growing problem on the Warm
Sp rin gs R eserv atio n and in
W arm
Sp rin gs
H o u sin g
Authority’s units in particular;
and
W h ereas the use an d/o r
m anufacture o f m etham phet
amine in Warm Springs Hous
ing Authority units poses a sub
stantial public health and safety
risk; and
W h ereas the use an d/o r
m anufacture o f m etham phet
amine in a housing unit can leave
residue in that unit which may
pose a significant health and
safety risk to the individuals liv
ing in that unit; and
Whereas the Warm Springs
Housing Authority undertakes
periodic inspections of its units;
and
Whereas the Warm Springs
Housing Committee has deter
mined that it would be in the
interest o f public health and
safety if those periodic inspec
tions also involved testing the
units for the presence of meth
amphetamine residue, in order
to identify those units that re
quire decontamination to pro
tect public health and safety; and
Whereas the Warm Springs
Housing Committee has deter
mined that if a test of the unit
indicates the presence of one or
more locations where the level
o f methamphetamine residue
detected exceeds 0.1 ug/100 sq.
cm., the unit shall be deemed un
safe for human habitation and
must be decontaminated; and
Whereas, if a unit has been
deemed unsafe for human habi
tation and must be decontami
nated, the resident of such unit
must vacate the unit, which shall
include removing all personal
property from the unit; now,
therefore
Be it resolved, the Housing
Committee hereby adopts the
following policy:
Methamphetamine policy
T esting for m eth am p h et
amine residue
(a) When the Housing Au
thority conducts a periodic in
spection of a unit of the Warm
Springs Housing Authority unit,
such inspection shall involve
testing the unit for methamphet
amine residue. When notice of
an inspection is given, such no
tice shall include notice that the
inspection will involve testing for
methamphetamine residue.
(b) The Housing Authority
shall also conduct testing for
methamphetamine residue in a
unit outside o f the periodic test
ing conducted if Housing Au
thority receives information that
there is probable cause to sus
pect that methamphetamine is
being used and/or produced in
the unit. Such testing shall oc
cur within the existing notice
requirements for entering the
housing units, and notice shall
be provided that the W arm
springs Housing Authority will
be testin g for m etham ph et
amine residue.
(c) If the testing for meth
amphetamine residue indicates
the presence o f one or more
locations in the unit where the
level of methamphetamine resi
due detected exceeds 0.1 ug/
100 sq. cm. the unit shall be
deemed unsafe for human habi
tation and must be decontami
nated.
(d) If a unit has been deemed
unsafe for human habitation
and must be decontaminated,
the resident of such unit must
vacate the unit, which shall in
clude rem oving all personal
property from the unit.
(e) If a unit must be decon
taminated, the resident shall be
assessed with the cost of decon
tamination, unless the resident
can demonstrate that metham
phetamine residue was present
in the unit prior to the resident’s
assuming occupancy and control
of the unit.
Be it further resolved, this
new policy shall be announced
to all residents o f the Warm
Springs Housing Authority, and
shall be posted in a conspicuous
p lace in the W arm Springs
Housing Authority’s office.
Be it further resolved, any
prior resolutions and/or policies
regarding the W arm Springs
Housing Authority’s programs,
to the extent they are inconsis
tent with this policy, are hereby
rescinded and superseded by the
terms of this resolution.
(Warm Springs Housing A u
thority Resolution No. 06-01.)
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