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65 | P a g e October 25 o This letter allows you to write to your landlord to get repairs made to your rental. • Landlord Retaliation if You Ask for Repairs o By: Montana Legal Services Association (MLSA) o Information about what to do if your landlord retaliates against you for requesting a repair. • Your Landlord's Right to Enter Your Rental Unit o By: Montana Legal Services Association (MLSA)

Required Documentation (DPHHS-EAP-250 Form): The DPHHS-EAP-250 form needs to include the date and time the landlord was notified of the emergency. When possible, a copy of the letter the LIHEAP recipient sent to the landlord should be retained in the client file. All conversations with the LIHEAP recipient and landlord need to be documented on the DPHHS-EAP-250 form and the form must be retained in the client file as well as uploaded in Perceptive

Documenting Mitigating Circumstance: Unless the landlord can demonstrate that they are low income or have some mitigating circumstance, the responsibility for the repair or replacement of a home heating system in a rental unit is the responsibility of the landlord. Mitigating circumstances may include, but are not limited to:

• The landlord is absentee, and the Sub-grantee cannot contact the landlord, and the repair or replacement of the appliance is necessary to alleviate the health and safety related issue. • The landlord refuses to repair or replace the appliance, and the occupants of the dwelling have a health and safety issue with the appliance. • The landlord cannot repair or replace the appliance in a timely manner to alleviate the health and safety issue.

All mitigating circumstances regarding the landlord not repairing or replacing an appliance in a health and safety related circumstance must be documented in the LIHEAP recipient’s case file. IHSB would strongly encourage that sub-grantees pursue written documentation of mitigating circumstances from landlords whenever practical, but detailed notes on the EAP-250 will suffice if written documentation cannot be obtained. The Sub-grantee may contact the Department for guidance in determining a mitigating circumstance.

Note: For the sub-grantee to be reimbursed for payments over $9000, contact IHSB for approval in CHIMES prior to having the work done.