Page 64
64 | P a g e October 25 leave space heaters at the sheriff’s office or local business to loan out until the emergency can be addressed. Other sub-grantees allow the person in need to apply for services after addressing the emergency. Those steps are outlined below. Know your Sub-grantee policy. 3.27 LIHEAP Guidance RE: Rentals and Landlords Sub-grantees are required to abide by the following process before repairing or replacing a home heating system in a rented unit using LIHEAP Contingency Revolving Funds (CRF). Document Back-Up Heat Source: The 18 and 48-hour rules still apply in landlord situations; therefore, the Sub-grantee will need to ensure the LIHEAP recipient has a back-up heat source. If a backup heat source is not available space heaters will need to be provided. The back-up heat source and timelines for the provision of temporary heat must be documented on the DPHHS-EAP 250 or IHSB approved equivalent Emergency Assistance Request Form and retained in the client file. Provide Client Education: The landlord is responsible for replacing or repairing the furnace as per the Montana Residential Landlord and Tenant Act. After providing and/or documenting that backup or temporary heat has been provided, the LIHEAP recipient (tenant/renter) needs to give the landlord written notice informing the landlord of the furnace problem and give the landlord “reasonable” time to fix the problem. Emergency situations, according to Section 70-24-406, Montana Code Annotated must be addressed by the landlord within three working days. Montana Legal Services has developed a form the LIHEAP recipient can use to notify the landlord of the emergency. The form is on page two of this guidance. Montana Legal Services has also developed a Landlord-Tenant Law Information sheet. The LIHEAP recipient should send the Information Sheet to the landlord along with the letter notifying the landlord of the emergency. In addition, the Sub-grantee should encourage the LIHEAP recipient to contact Montana Legal Services at 1-800-666-6899 for assistance. Additional Tenant-Landlord resources: • Montana Tenants' Rights and Duties Handbook o By: Montana Legal Services Association (MLSA) o A guide to your rights and duties as a tenant in Montana. • Tenant/Landlord Guide o By: Montana Public Interest Research Group (MontPIRG) • Letter to Landlord Requesting Repairs (write-in-the-blank form) o By: Montana Legal Services Association (MLSA)