Hillsdale Housing Commission
45 N. West Street ¨ Hillsdale, MI 49242
Phone: (517) 439-1210 ¨ Fax: (517) 439-9577 ¨ E-mail: mail@hillsdalehousing.org
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| Click here to download the Microsoft Word version of this document Deceased Tenant Policy I. Notice of Requirement during ApplicationEach applicant for housing at Hilltop Apartments will receive written notice that submission of information required on the Death and Illness Information Form is a condition of occupancy, and that failure to submit such may result in termination of the Dwelling Lease or eviction. This procedure shall be included on the application form and Dwelling Lease. II. Death and Illness Information FormA. The Hillsdale Housing Commission shall require that each Resident Family at Hilltop Apartments complete a Death and Illness Information Form within ten (10) business days of the initial execution of the Dwelling Lease. If the Resident Family does not properly complete a Death and Illness Information Form as specified, management will hand-deliver a letter to the dwelling unit, informing Resident that management will dispose of all property remaining in the unit as specified in Section VIII of this document, “Housing Commission Disposition of Property,” following the death and/or permanent incapacitation of all members of the Resident Family. Management shall attempt to obtain a signature from a member of the Resident Family, acknowledging receipt. The Resident Family shall be permitted to submit a properly completed Death and Illness Information Form at a later date. B. Following management’s receipt of an initial Death and Illness Information form, the Hillsdale Housing Commission shall request that the Resident Family complete an additional Death and Illness Information Form at least annually, at the date of annual recertification, or whenever deemed necessary and appropriate by the Housing Commission. The Resident Family may choose to indicate that no change in designees has occurred rather than complete a new Death and Illness Information Form. C. The Death and Illness Information Form shall contain the names, addresses, and telephone numbers of a primary and secondary designee. The Resident Family shall be permitted to list a maximum of two additional designees at the Resident Family’s discretion. The Hillsdale Housing Commission shall not be listed as a designee. D. A spouse, co-head of household, emancipated minor or other adult family member legally able to enter into a contract in the State of Michigan who is listed on the Dwelling Lease may be appointed as a designee. In the interest of efficient operation, the appointment of such a family member as primary designee will be encouraged by the Housing Commission whenever feasible. E. If a spouse, co-head of household, emancipated minor or other adult family member legally able to enter into a contract in the State of Michigan who is listed on the Dwelling Lease is appointed as a designee, the Resident Family shall be required to list a designee who does not reside in the dwelling unit as an additional designee, so as to provide proper designee coverage in the event of the death or permanent incapacitation of all members of a Resident Family. Click here to download a Microsoft word version of the Death and Illness Information Form III. Notice of DesignationA. The Housing Commission will send an acknowledgement letter to each designee listed on the Death and Illness Information Form within thirty (30) calendar days of designation, via postal mail, and shall include a self-addressed, stamped envelope for return to the Housing Commission. The acknowledgement letter is intended to confirm assignment as designee. B. The acknowledgement letter will specify the designee’s responsibilities as outlined in Section V., “Designee Responsibilities,” of this document, and will request the designee’s signature accepting the listed responsibilities. C. Each designee accepting appointment shall receive a written copy of this policy within ten (10) business days following the date the Housing Commission receives return notice of such acceptance. D. If a primary or secondary designee declines appointment or fails to return a properly completed acknowledgement letter, management will hand-deliver a letter to the rented dwelling unit, informing Resident that management will dispose of all property remaining in the unit as specified in Section VIII of this document, “Housing Commission Disposition of Property,” following the death and/or permanent incapacitation of all members of the Resident Family. Management shall attempt to obtain a signature from a member of the Resident Family, acknowledging receipt. The Resident Family shall be permitted to submit a properly completed Death and Illness Information Form at a later date. IV. Court-appointed Personal Representatives and Court-designated Assignees of Small EstatesA. The Housing Commission shall consider the Court Order appointment of a Personal Representative or Probate Assignee (whichever is appropriate) as the final authority in the appointment of a designee, and shall disregard any and all designee appointments submitted on the Death and Illness Information Form, regardless of preference. B. Designees listed on the Death and Illness Information Form shall have the powers and responsibilities listed in Sections VI and VII, unless and until a Court order designates a Personal Representative or Probate Assignee for the Resident Family. The designee’s authority to act on behalf of the Resident Family shall expire upon presentation to the Housing Commission of such a Court order, should the Personal Representative or Probate Assignee be other than the party listed on the Death and Illness Information Form. C. If the Personal Representative or Probate Assignee is not the same party as listed on the Death and Illness Information Form, the Personal Representative or Probate Assignee shall receive a copy of this policy upon presentation of the Court Order, and the Personal Representative or Probate Assignee shall become the primary designee. V. Designee ResponsibilitiesA. The primary designee shall be empowered and required via a clausal agreement in the Dwelling Lease to complete any unfinished business transactions with the Housing Commission, including the removal of all personal property from the unit and the timely vacating of the leased premises. B. The primary designee shall have fifteen (15) calendar days to act, from the date of the Housing Commission’s notice as specified in VII, “Procedures upon Death of Tenant”. C. The Designee shall agree to these terms in writing, as specified in Section IV of this document, “Notice of Designation.” Click here to download a Microsoft Word Version of the Notice of Designation VI. Procedures upon Death of TenantA. The lease terminates automatically upon the death of the sole legal lessee. B. Upon learning of the death of the Resident Family, the Housing Commission will secure the dwelling unit by changing the locks and/or installing a lockout device. Further access to the unit shall be denied until the Housing Commission appointment of a primary designee, or until such time that the contents of the apartment become the property of the Housing Commission, as listed in Subpart v., below, except that: 1. The Housing Commission will permit access to the unit on one occasion during normal business hours, intended for family or friends of the deceased to prepare for the funeral. 2. A member or employee of the Housing Commission shall require that the person or persons requesting dwelling unit entry provide proof of identity, such as a valid driver’s license, state identification card, etc. 3. A member or employee of the Housing Commission shall accompany the person who requests access to the dwelling unit and make a list of all items removed. The person requesting access will then sign the list, as will the representative of the Housing Commission. 4. At no time will the Housing Commission allow persons not listed in the Dwelling Lease as lessee to stay in the unit after the death of a Resident Family. C. All designees listed on the Death and Illness Information Form shall be contacted by postal mail when management learns of Tenant’s death. The notice shall present the following information: 1. Date of Tenant death 2. The primary designee shall have fifteen (15) calendar days act as specified in Part VI, Designee Responsibilities, above. 3. The Housing Commission’s address, telephone, and fax numbers. D. If the Housing Commission is unable to reach the primary designee or the primary designee decline to act or fail to act within fifteen (15) calendar days, the first designee listed on the Death and Illness Information Form who identifies themselves to management may serve as the primary designee to complete any unfinished business transactions with the Housing Commission and dispose of all remaining personal property, as listed in Section VII, “Housing Commission Disposition of Property,” below. E. Should the Death and Illness Information Form Designee list become exhausted without successful appointment of a primary designee and/or should no action be taken within thirty (30) calendar days notice of the primary designee, the unit and its contents shall be considered abandoned, the Housing Commission shall dispose of all property as listed in Section VIII, Housing Commission Disposition of Property, listed below VII. Housing Commission Disposition of PropertyA. If all designees fail to act within the time specified in this policy, the Housing Commission shall thereafter cause any and all property of any monetary or emotional value, as determined in the sole discretion of the Housing Commission, to be inventoried and removed from the dwelling unit. Such property shall then be placed in storage. In no event shall the dwelling unit be used as a storage facility. B. The Hillsdale Housing Commission shall then commence appropriate proceedings in the Hillsdale County Probate Court as a creditor of the estate. It shall seek reimbursement for any and all expenses it has incurred in inventorying, removal and storage of the personal property removed from the dwelling unit. It shall also be entitled to seek reimbursement for filing fees, publication expenses, legal fees, and similar expenses. Adopted and Amended 10/08/1998 |
