The Confederated Tribes of the Grand Ronde Community of Oregon [Ordinances]

	ORIGINALLY ADOPTED: 3-27-96
	DATE AMENDED: 12-18-96; 7-17-02
	RESOLUTION NUMBER: 017-96; 073-96; 127-02

Tribal Housing Ordinance

Tribal Code § 480

(a) Authority and Purpose. Pursuant to the authority granted under Article III, Section 1 of the Grand Ronde Constitution, the Council hereby establishes the Grand Ronde Tribal Housing Authority for the purpose of developing and implementing Tribal housing programs. The Council further prescribes procedures for eviction and the recording, priority and foreclosure of mortgages given to secure loans made by or through any public or private lending institution or government agency.

(b) Background. Decent, affordable housing is critical to the well-being of Tribal families. The Council has determined that there is a shortage of decent homes in the Service Area at prices and rents affordable to many Tribal members, and that this shortage cannot be alleviated through the private sector. Further, the Council has concluded the Tribe lacks the legal infrastructure necessary to develop housing on Tribal land. Therefore, the Council charters the Grand Ronde Tribal Housing Authority, which shall be responsible for helping needy Tribal families obtain decent housing, and enacts this Ordinance to regulate housing within the Tribe's jurisdiction.

(c) Applicability.

(1) This Ordinance shall apply to any and all arrangements, formal or informal, written or agreed to orally or by the practice of parties, in selling, buying, renting, leasing, occupying or using any and all housing, dwellings, premises or accommodations for human occupation and residence. It shall also apply to any and all mortgages, leasehold mortgages and agreements to secure an interest in buildings or real property.

(2) The following arrangements are not governed by this Ordinance:

(A) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar service; or

(B) Occupancy in a hotel, motel or other commercial lodging.

(d) Definitions.

(1) "Action, suit or lawsuit, claim, complaint or defense" shall include any dispute between persons or entities which relates to the sale, rental, use, lease or occupancy of any housing, dwelling, premises or accommodation for human occupancy, including claims for the payment of monies for such housing, dwellings, premises or accommodations, damages to such units, condition of such units or the relationships between owners and occupants of such units, including the right to occupy them.

(2) "Adult Person" is any person eighteen (18) years of age or older.

(3) "Authority" means the Grand Ronde Tribal Housing Authority.

(4) "Board" means the Authority's Board of Commissioners.

(5) "Borrower/Mortgagor" is the Tribe, the Authority or any Tribal member(s), or any heir(s), successor(s), executor(s), administrator(s) or assign(s) of the Tribe or such Tribal member(s) or non-Tribal member spouse of such Tribal member(s) who has executed a Mortgage or Leasehold Mortgage as defined in this Ordinance.

(6) "Building" is a structure, and any appurtenances or additions thereto, designed for habitation, shelter, storage and the like.

(7) "Building or Housing Codes" are any laws, ordinances or governmental regulations of the Tribe which deal with fitness for habitation, health conditions or the safety, construction, maintenance, operation, occupancy, use or appearance of any Dwelling Unit or Premises, or any applicable law or regulation of the Federal Government.

(8) "Council" means the Grand Ronde Tribal Council.

(9) "Dwelling Unit" is a house or building or portion thereof which is rented or leased as a home or residence by any person. With respect to tenancies involving the rental of space for a residential structure, but not the rental of the residential structure itself, "Dwelling Unit" does not include the residential structure.

(10) "Federal Government" includes the United States of America, the Department of Housing and Urban Development and any other agency or instrumentality, corporate or otherwise, of the United States of America.

(11) "Guest" is any person, other than the Tenant, in or around a Dwelling Unit or on the Premises with the permission and consent of the Tenant.

(12) "Homebuyer" means a person(s) who has executed a lease-purchase or purchase agreement for a home, but who has not yet achieved homeownership.

(13) "Housing Plan" or "Plan" means the plan, including housing goals, objectives, and strategies, developed by the Board in connection with the Council.

(14) "Housing Project" or "Project" means any work or undertaking to provide or assist in providing (by any suitable method, including, but not limited to, rental, sale of individual units in single or multifamily structures under conventional, condominium, cooperative sales contracts or lease-purchase agreements, loans or subsidizing of rentals or charges) decent, safe and sanitary dwellings, apartments and other living accommodations. Such work or undertakings may include buildings, lands, leaseholds, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances for streets, sewers, water services, utilities, parks, site preparation or landscaping, and for administrative, community, health, recreational, welfare or other purposes. The term "Housing Project" or "Project" also may be applied to the planning of the buildings and improvements, the acquisition of property or any interest therein, the demolition of existing structures, the construction, reconstruction, rehabilitation, alteration or repair of the improvements or other property and all other work in connection therewith, and the term shall include all tangible or intangible assets held or used in connection with the housing project.

(15) "Indian Country", the "territorial jurisdiction" or the "jurisdiction" of the Tribe shall include all lands owned by, held in trust for, leased, occupied or otherwise controlled by the Tribe, as well as any such ownership or use by an entity of the Tribe. Those terms shall include any and all areas which may constitute the "Indian Country" of the Tribe under applicable provisions of its laws or the laws of the United States.

(16) "Landlord" can be the Tribe, the Authority, a person, entity or the Federal Government which is the owner, lessor or sublessor of a Dwelling Unit, or Premises, intended for the use of Tenants.

(17) "Lease or Rental Agreement" is an agreement, written or oral, as well as valid rules and regulations, regarding the terms and conditions of the use and occupancy of real property, dwelling units, buildings or premises, including a lease-to-purchase agreement.

(18) "Leasehold Mortgage" is the mortgage of a lease of property given to secure a loan and may be created under the auspices of any federal agency homebuyer program or any agreement entered between a Borrower/Mortgagor and a Lender/Mortgagee.

(19) "Lender Designated Assignee" Any lender as defined in this Ordinance may assign or transfer its interest in a Mortgage or Lease and/or Leasehold Mortgage to a Designated Assignee. If the Mortgage or Lease and/or Leasehold Mortgage falls under a federal agency homebuyer program or a federal agency loan guarantee program, the lender must seek written approval from the Tribe of a proposed Designated Assignee any time prior to such assignment, transfer or assumption, except where the Federal Government guaranteeing or insuring the Mortgage or Leasehold Mortgage acts as a Lender Designated Assignee.

(20) "Lender/Mortgagee" is any private lending institution primarily established to loan funds, guaranty or insure loans to a Borrower for construction, acquisition or renovation of a home, and not to invest in or purchase properties, the Tribe, the Authority or the Federal Government. It is also any Lender's designated assignee(s) or successor(s) of such Lender/Mortgagee.

(21) "Lessee" is a Tenant of a Dwelling Unit or Premises, user and/or occupier of real property, owner, or a homebuyer under any mortgage program. The "Lessee" may, for purposes of federal home mortgage programs, be the Authority.

(22) "Lessor" is the legal, beneficial or equitable owner of property under a Lease. Lessor may also include those persons who under this Ordinance qualifies as the heir(s), successor(s), executor(s), administrator(s) or assign(s) of the Lessor.

(23) "Notice to Quit" is a notice from a Landlord to a Tenant terminating a Lease or Rental Agreement and demanding that the Tenant and those with him/her leave the Premises.

(24) "Mortgage" is a lien as is commonly given to secure advances on, or the unpaid purchase price of, a building or land and may refer both to a security instrument creating a lien, whether called a mortgage, deed of trust, security deed or other term, as well as the credit instrument or note secured thereby.

(25) "Mortgage Foreclosure Proceeding" is a proceeding:

(A) To foreclose the interest of the Borrower(s)/Mortgagor(s), and each person or entity claiming through the Borrower(s)/Mortgagor(s), in real property, a building or, in the case of a Leasehold Mortgage, a Lease for which a Mortgage has been given under the home purchase program of any federal agency; and

(B) To assign where appropriate the Borrower(s)/Mortgagor(s) interest to a designated assignee.

(26) "Nuisance" is the maintenance or allowance on real property of a condition which Tribal Housing Ordinance Tribal
one has the ability to control and which unreasonably threatens the health or safety of the public, or neighboring property users to enjoy the reasonable use and occupancy of their property.

(27) "Obligations" means any notes, bonds, interim certificates, debentures or other forms of obligation issued by the Authority pursuant to this Ordinance.

(28) "Obligee" includes any holder of an Obligation, agent or trustee for any holder of an Obligation or Lessor demising to the Authority property used in connection with a Project, or any assignee or assignees of such Lessor's interest, or any part thereof, or the Federal Government when it is a party to any contract with the Authority in respect to a Housing Project.

(29) "Owner" is any person or entity jointly or individually having legal title to all or part of land or a residential structure, including the legal right to own, manage, use or control a residential structure under a mortgage, long-term lease or other security arrangement.

(30) "Person" includes the Tribe, the Authority, an individual or organization and, where the meaning of a portion of this Ordinance requires, a public agency, corporation, partnership or other entity.

(31) "Premises" is a Dwelling Unit and the structure of which it is a part and all facilities and areas connected with it, including grounds, common areas and facilities intended for the use of Tenants or the use of which is promised for Tenants. With respect to tenancies involving the rental of space for a residential structure, but not the rental of the residential structure itself, "Premises" is the space rented for a residential structure and all facilities and areas connected with it, including grounds, common areas and facilities intended for the use of Tenants or the use of which is promised for Tenants, but not the residential structure itself.

(32) "Rent" is all periodic payments to be made to a Landlord or Lessor under a Lease or Rental Agreement.

(33) "Reservation" is the Grand Ronde Reservation.

(34) "Service Area" means Benton, Clackamas, Lincoln, Linn, Marion, Multnomah, Polk, Tillamook, Washington and Yamhill counties in the State of Oregon.

(35) "Subordinate Lienholder" is the holder of any lien, including a subsequent mortgage perfected subsequent to the recording of a Mortgage under this Ordinance, except the Tribe shall not be considered a subordinate lienholder with
respect to any claim regarding a tribal tax on real property.

(36) "Tenant" is the lessee(s), sublessee(s) or person(s) entitled under a Lease or Rental Agreement to occupy a Dwelling Unit or Premises to the exclusion of others. "Tenant" includes a person who rents a space for a residential structure and persons residing with that Tenant under the terms of the Lease or Rental Agreement.

(37) "Tribal Recording Clerk" shall mean the person performing the recording functions under this Ordinance or any deputy or designee of such person.

(e) Tribal Housing Authority.

(1) Housing Plan.

(A) Within sixty (60) days of the adoption of this Ordinance, the Board shall present a Housing Plan to Council. Within thirty (30) days thereafter, the Council shall revise and amend the Plan and approve a final version thereof. The Plan shall guide the Authority in developing and implementing Projects, and the Authority shall use its best efforts to implement the Plan.

(B) From time to time, but at least quarterly, the Authority shall report to Council on its efforts in furtherance of the goals and objectives set forth in the Plan.

(C) The Board shall recommend to Council such revisions to the Plan as it deems appropriate.

(2) Geographic Priority. The Authority shall give priority to Projects within the Service Area. At the Board's discretion, the Authority may participate in Projects outside the Service Area that are consistent with the Housing Plan, subject to the availability of funds.

(3) Preferences. Low-income Tribal members shall be the preferred participants in the Authority's Projects. The Authority may implement such other preferences as may be set forth in its policies.

(4) Board of Commissioners. The affairs of the Authority shall be managed by a Board of Commissioners and such officers as the Board shall appoint, in accordance with this Ordinance and the Authority's Bylaws. The terms of the Commissioners, the conditions for their removal and the filling of vacancies on the Board shall be set forth in the Bylaws, provided that:

(A) The number of Commissioners shall not be less than five (5) and not more than seven (7).

(B) To the extent practicable, Board candidates must have a demonstrated interest in housing programs or experience in one or more of the following areas: affordable housing development, residential building construction, real estate, property management and housing finance.

(C) The Council shall appoint the Authority's Commissioners.

(D) A Commissioner may be a member or non-member of the Tribe; however, a majority of the Board shall be Tribal members.

(E) Any Commissioner who is also a Tenant, Lessee, Owner or Homebuyer in a Housing Project of the Authority shall be entitled to fully participate in all meetings concerning matters that affect all of the Tenants, Lessees, Owner or Homebuyers, even though such matters affect him/her as well. However, no such Commissioner shall be permitted to participate in (except in his/her capacity as a Tenant, Lessee, Owner or Homebuyer) or to be counted or treated as a member of the Board concerning any matter involving his/her individual rights, obligations or status as a Tenant, Lessee, Owner or Homebuyer.

(F) Commissioners shall serve for terms of three (3) years, which shall be staggered in such a manner that the terms of one-third of the Commissioners (or as close to one-third as shall be possible given the number of Commissioners) shall expire in each year. Upon the expiration of a Commissioner's term, he/she may be reappointed to serve subsequent terms. The Board shall provide the method of staggering the terms of the Commissioners in the Authority's Bylaws.

(G) The Board shall elect from among its members a Chairman of the Board. If the Chairman is absent at a Board meeting, the Board may elect from one of the Commissioners present an acting Chairman for that meeting.

(H) Commissioners may be removed prior to the expiration of their term, with or without cause, by a majority vote of the Council.

(I) Commissioners shall discharge the duties of the position in good faith, in a manner the Commissioner reasonably believes to be in the best interest of the Authority and with the care an ordinary prudent person in a like position would exercise under similar circumstances.

(J) Commissioners shall be compensated for their services at a rate set by Council and shall be reimbursed for expenses according to such policy as the Council may adopt.

(K) The Authority's Bylaws shall set forth rules of procedure to be followed by the Board in managing the Authority.

(5) Powers. The Authority shall have the following powers:

(A) To develop and implement Housing Projects consistent with the Housing Plan and this Ordinance.

(B) To develop, promulgate, implement and enforce policies and rules and regulations for Housing Projects, governing, among other areas, applicant selection, occupancy conditions, payments/ collections, inspections, maintenance, resident relations and grievances.

(C) To sue and be sued in its corporate name upon any contract, claim or obligation arising out of its activities under this Ordinance and by contract to waive any immunity from suit. However, nothing in this Ordinance shall be interpreted or implied as a waiver of the Tribe's or the Council's sovereign immunity and the Tribe shall not be liable for the debts or obligations of the Authority unless specifically authorized by Council.

(D) To adopt and use a corporate seal.

(E) To enter into agreements, contracts and understandings with any governmental agency, Federal, tribal, state or local (including the Council), in consultation with the Council or its designee, or with any person, partnership or corporation, and to agree to any conditions attached to Federal assistance, subject to the Authority first summarizing for Council or its designee those conditions which materially differ from Tribal law or policy.

(F) To agree, notwithstanding anything to the contrary contained in this Ordinance or in any other provision of law, to any conditions attached to Federal financial assistance relating to the determination of prevailing salaries or wages or payment of not less than prevailing salaries or wages or compliance with labor standards in the development or operation of Projects, and the Authority may include in any contract let in connection with a project stipulations requiring that the contractor and any subcontractor comply with requirements as to maximum hours of labor and comply with any conditions which the Federal Government may have attached to its financial aid to the Project.

(G) To lease property from the Tribe and others for such periods as are authorized by law and to hold and manage or to sublease the same.

(H) To borrow or lend money, to issue temporary or long term evidence of indebtedness and to repay the same, provided the Council or its designee receives at least thirty (30) days notice of said borrowing, lending, or issuance of evidence of indebtedness. Obligations shall be issued and repaid in accordance with the provisions of Section (e)(6) of this Ordinance.

(I) To pledge the assets and receipts of the Authority as security for debts; and to acquire, sell, lease, exchange, transfer or assign personal property or interests therein, in consultation with the Council or its designee.

(J) Subject to prior approval of Council, to purchase, lease or take by gift land or an interest in land.

(K) To undertake and carry out studies and analyses of housing needs, to operate Projects and to provide for the construction, reconstruction, improvement, alteration or repair or any Project or any part thereof.

(L) With respect to any dwellings, accommodations, lands, buildings or facilities embraced within any Project (including individual cooperative or condominium units): to lease or rent, sell, enter into lease-purchase agreements or leases with an option to purchase; to establish and revise rents or require monthly payments; to develop, promulgate, implement, and enforce policies and rules and regulations concerning the selection of Tenants, Lessees, Owners or Homebuyers, including the establishment of priorities, and concerning the occupancy, rental, care and management of housing units and such further policies and rules and regulations as the Board may deem necessary and desirable to effectuate the powers granted by this Ordinance.

(M) To finance home purchases by eligible Homebuyers.

(N) To terminate any lease or rental agreement or lease-purchase agreement when the Tenant, Lessee, Owner or Homebuyer has violated the terms of such agreement or failed to meet any of its obligations thereunder, or when such termination is otherwise authorized under the provisions of such agreement, and to bring an action for eviction against such Tenant, Lessee, Owner or Homebuyer.

(O) To purchase insurance for any property or against any risks or hazards. Before purchasing insurance, the Authority shall consult with the Tribe's Financial Risk Manager to determine whether it would be cost-effective to obtain insurance coverage through a Tribal policy or policies or through some other carrier arrangement with or through the Tribe.

(P) To prudently invest such funds as are not required for immediate disbursement.

(Q) To establish and maintain such bank accounts as may be necessary or convenient.

(R) To employ an Executive Director, technical and maintenance personnel and such other officers and employees, permanent or temporary, as the Authority may require, and to delegate to such officers and employees such powers or duties as the Board shall deem proper.

(S) To join or cooperate with any other public or Indian housing agency or agencies operating under the laws or Ordinances of a State or another Tribe in the exercise, either jointly or otherwise, of any or all of the powers of the Authority and such other public housing agency or agencies for the purpose of financing (including but not limited to the issuance of notes or other obligations and giving security therefore), planning, undertaking, owning, construction, operating or contracting with respect to a housing project or projects of the Authority or such other public housing agency or agencies, so joining or cooperating with the Authority, to act on the Authority's behalf with respect to any or all powers, as the Authority's agent or otherwise, in the name of the Authority or in the name of such agency or agencies.

(T) To adopt and amend Bylaws consistent with this Ordinance and the laws of the Tribe. All Bylaws and amendments shall be provided to the Council at least thirty (30) days before their scheduled adoption for comment and review.

(U) To adopt financial and personnel policies substantially similar in all material respects to those of the Tribe, except to the extent specific rules, regulations, or laws governing the expenditure of federal monies require different standards and procedures.

(V) To do any and all things necessary or desirable to secure the cooperation of the Federal Government in the undertaking, construction, maintenance or operation of any Project by the Authority.

(W) To exercise such further incidental powers, not inconsistent with this Ordinance, as may be necessary to conduct the Authority's business.

(X) To define "low-income Tribal members" and other categories of Tribal members eligible for housing assistance, according to criteria developed by the Authority.

(6) Obligations.

(A) In consultation with the Council or its designee, the Authority may issue obligations from time to time in its discretion for any of its purposes and may also issue refunding obligations for the purpose of paying or retiring obligations previously issued by it.

(B) Neither the Commissioners of the Authority nor any person executing the obligations shall be liable personally on the obligations by reason of issuance thereof.

(C) Unless specifically authorized by the Council, the notes and other obligations of the Authority shall not be debts of the Tribe.

(D) Obligations of the Authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income therefrom, shall be exempt from taxes imposed by the Tribe. The tax exemption provisions of this Ordinance shall be considered part of the security for the repayment of obligations and shall constitute, by virtue of this Ordinance and without necessity of being restated in the obligations, a contract between (a) the Authority and/or the Tribe and (b) the holders of obligations and each of them, including all transfers of the obligations from time to time.

(E) Obligations of the Authority shall be authorized by a resolution adopted by a majority of the full Board, which resolution shall state the terms and conditions of the obligation and whether it is to be sold at public or private sale.

(7) Financial Reports. The Authority shall submit the following financial reports to the Council or its designee:

(A) balance sheet, profit and loss statement, and cash flow statement on a monthly basis; and

(B) any other reports to the Board containing financial information as prepared Tribal Housing Ordinance Tribal Code in the ordinary course of business.

(8) Annual Report. The Authority shall submit an annual report, signed by the Chairman of the Board, to the Council showing:

(A) a summary of the year's activities;

(B) the financial condition of the Authority, including the information listed in Section (e)(7)(A);

(C) the condition of properties owned or leased by the Authority;

(D) the number of units and vacancies;

(E) any significant problems and accomplishments;

(F) future plans for the Authority or Projects; and

(G) such other information as the Authority or the Council shall deem pertinent.

(9) Conflict of Interests. During his/her tenure and for one year thereafter, no Commissioner, officer or employee of the Authority, or any member of any governing body of the Tribe or any other public official who exercises any responsibilities of functions with regard to a Housing Authority Project, shall voluntarily acquire any interest, direct or indirect, in the Project or in any property included or planned to be included in the Project or in any contract or proposed contract relating to the Project, unless prior to such acquisition he/she discloses his/her interest in writing to the Authority and such disclosure is entered in the minutes of the Authority and the Commissioner, officer, or employee shall not participate in any action by the Authority relating to the property or contract in which he/she has any such interest. If any Commissioner, officer or employee of the Authority involuntarily acquires any such interest, or voluntarily or involuntarily acquired any such interest prior to appointment or employment as a Commissioner, officer, or employee, the Commissioner, officer or employee, in any such event, shall immediately disclose his/her interest in writing to the Authority and such disclosure shall be entered in the minutes of the Authority, and the Commissioner, officer or employee shall not participate in any action by the Authority relating to the property or contract in which he/she has any such interest. Any violation of the foregoing provisions of this section shall constitute misconduct in office. This section shall not be applicable to the acquisition of any interest in obligations of the Authority issued in connection with any Project or to the execution of agreements by banking institutions for the deposit or handling of funds in connection with a Project or to act as trustee under any trust indenture, or to Tribal Housing Ordinance Tribal utility services, the rates for which are fixed or controlled by a governmental agency, or to membership on the Board as provided in Section (e)(4).

(10) Relation to Federal Law. The Authority's participation in federal Indian housing programs may create additional rights and responsibilities between the Authority and others. To the extent practicable, this Ordinance shall be read consistently with applicable federal law. Where there is a conflict between this Ordinance and any statute or regulation of the United States, the federal law shall apply if it has specific applicability and if it is clearly in conflict with the provisions of this Ordinance.

(11) Indemnification. The Authority is authorized to provide indemnification of Commissioners, officers, employees and agents of the Authority through Bylaw, vote of disinterested Commissioners or agreement.

(12) Miscellaneous.

(A) Bonding. The Authority shall obtain or provide for the obtaining of adequate fidelity bonds for persons handling cash or authorized to sign checks or certify vouchers.

(B) Coordination with Tribal Administration. The Authority's Executive Director shall participate in the Tribe's planning process, advising the Tribe's General Manager of the foreseeable impacts Projects may have on Tribal programs.

(C) Judicial Liens/ Execution. All property, including funds acquired or held by the Authority pursuant to this Ordinance, shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall any judgment against the Authority be a charge or lien upon such property. However, the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by the Authority on its rents, fees or revenues, or the right of the Federal Government to pursue any remedies conferred upon it pursuant to the provisions of this Ordinance or the rights of the Authority to bring eviction actions in accordance with Section (p)(1).

(D) Profits. The Authority shall operate on a not-for-profit basis.

(E) Taxation. The property of the Authority is declared to be public property used for essential public and governmental purposes and such property and the Authority are exempt from all taxes and special assessments of the Tribe.

(f) Tribal Court Jurisdiction. To ensure the peace, harmony, safety, health and general welfare of Tribal members and those permitted to enter or reside on Tribal lands, and the efficient resolution of disputes, the Tribal Court of the Confederated Tribes of the Grand Ronde Community of Oregon shall have jurisdiction over the following:

(1) All lands owned by, held in trust for, leased or used by the Tribe, its members, the Authority or any other entity of the Tribe;

(2) All buildings which may lie upon lands owned by, held in trust for, leased or used by the Tribe, its members, the Authority or any other entity of the Tribe;

(3) All persons or entities within the jurisdiction of the Tribe who sell, rent, lease or allow persons to occupy housing, dwellings or accommodations for the purpose of human dwelling, occupation, or residence, and all persons who buy, mortgage, rent, lease or occupy such structures. Such personal jurisdiction is extended over said persons and entities whether or not they are members of the Tribe and whether or not they have a place of business within the Tribe's Reservation;

(4) All contracts, liens, instruments or other agreements to which the Authority is a party; and

(5) Any act within the Reservation dealing with the subject matter of this Ordinance.

(g) Leases/ Rental Agreements.

(1) Effect of Leases/ Rental Agreements. The provisions of this Ordinance, as well as any applicable laws as identified in Section (e)(10), establish the minimum rights and responsibilities of landlords and tenants. Unless inconsistent therewith, Leases or Rental Agreements may supplement these minimum rights and responsibilities.

(2) Term of Tenancy. In the absence of a definite term in the Lease or Rental Agreement, the tenancy shall be month-to-month.

(3) Payment of Rent. In the absence of definite terms in the Lease or Rental Agreement, Rent is payable at the Landlord's office or other location designated by the Landlord. In the absence of definite terms, the amount of Rent shall be the fair market value of the rental unit.

(h) Rules and Regulations.

(1) The Landlord may develop, promulgate, implement and enforce reasonable policies and rules and regulations regarding the use and occupancy of the Premises.

(2) Such rules and regulations are enforceable against the Tenant only if: (1) their purpose is to promote the convenience, safety or welfare of the Tenants in the Premises, preserve the Landlord's property from abusive use or make a fair distribution of services and facilities held out for all the Tenants generally; (2) the rules and regulations are reasonably related to the purpose for which they are adopted; (3) the rules and regulations apply to all Tenants in the Premises in a fair manner; (4) the rules and regulations are sufficiently explicit in their prohibition, direction or limitation of the Tenant's conduct to fairly inform him/her of what he/she shall or shall not do to comply; and (5) the Tenant has notice of the rules and regulations at the time he/she enters into the Lease or Rental Agreement or when they are adopted.

(i) Landlord Responsibilities. Except as otherwise provided in a Lease or Rental Agreement, each Landlord subject to the provisions of this Ordinance shall:

(1) With respect to tenancies not involving the rental of space for a residential structure:

(A) Maintain the Premises in a decent, safe and sanitary condition.

(B) Comply with applicable Building and Housing Codes.

(C) Make all necessary repairs to put and maintain the Premises in a fit and habitable condition, except where the Premises are intentionally rendered unfit or uninhabitable by the Tenant or his/her Guest, in which case such duty shall be the responsibility of the Tenant.

(D) Ensure Tenant access to the Dwelling Unit.

(E) Maintain in good condition and safe working order all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, where such things are not the responsibility of the Tenant or are installed by the Tenant or someone within his/her control.

(F) Provide running water, hot water and heat in accordance with applicable Building and Housing Codes, except to the extent the Tenant is required to provide such for himself/herself .

(G) Guarantee the right of quiet enjoyment of the Dwelling Unit to the Tenant and ensure that the conduct of other Tenants, their guests and other persons on the Premises does not cause a Nuisance, endanger public health and safety or breach the peace.

(H) Give sole possession of the Dwelling Unit to the Tenant in accordance with the Lease or Rental Agreement and refrain from (1) entering the Dwelling Unit, except as authorized in Section (j)(1)(J), and (2) making repeated demands for entry otherwise lawful under Section (j)(1)(J) but which have the effect of unreasonably harassing the Tenant.

(I) Disclose, in writing, the name, address and the telephone number of the person responsible for receiving rent, notices and demands under this Ordinance, the person authorized to manage the Premises, the owner of the Premises or his/her agent and the person responsible for making repairs, where they are required.

(2) With respect to tenancies involving the rental of space for a residential structure:

(A) Maintain the common areas in a decent, safe and sanitary condition.

(B) Ensure Tenant access to the Premises.

(C) Ensure Tenant access to a sewage disposal system, a water supply and electrical supply.

(D) Guarantee the right of quiet enjoyment of the Premises to the Tenant and ensure that the conduct of other Tenants, their guests and other persons on the Premises does not cause a Nuisance, endanger public health and safety or breach the peace.

(E) Give sole possession of the Premises to the Tenant in accordance with the Lease or Rental Agreement and refrain from (1) entering the Premises, except as authorized in Section (j)(2)(J), and (2) making repeated demands for entry otherwise lawful under Section (j)(2)(J) but which have the effect of unreasonably harassing the Tenant.

(F) Disclose, in writing, the name, address and the telephone number of the person responsible for receiving rent, notices and demands under this Ordinance, the person authorized to manage the Premises, the owner of the Premises or his/her agent and the person responsible for making repairs, where they are required.

(j) Tenant Responsibilities. Except as otherwise provided in a Lease or Rental Agreement, each Tenant subject to the provisions of this Ordinance shall:

(1) With respect to tenancies not involving the rental of space for a residential
structure:

(A) Pay rent without demand or notice at the time and place agreed upon by the parties.

(B) Immediately notify the Landlord of any defects in the Premises hazardous to life, health or safety.

(C) Keep the Premises reasonably clean and dispose of all ashes, garbage, rubbish, junk and abandoned vehicles in a proper, sanitary and safe manner.

(D) Use all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances which are part of the Dwelling Unit or Premises, and the property of the Landlord, in a proper, safe, sanitary and reasonable manner.

(E) Refrain from destroying, defacing, damaging or removing any part of the Dwelling Unit, Premises or common areas, and to require guests to act in like manner.

(F) Pay reasonable charges for the repair of damages, other than normal wear and tear, to the Dwelling Unit, Premises or common areas caused by the Tenant or his/her guests, or to repair such damages as required under the Lease or Rental Agreement, within thirty (30) calendar days of such damage.

(G) Conduct himself/herself , and require his/her guests to conduct themselves, in a manner which does not disturb the quiet enjoyment of others or cause a breach of the peace.

(H) Use the Premises only for residential purposes as agreed, and not to use the Premises or permit its use for any other purpose, including illegal conduct or any other activity which may harm the physical or social environment of the Premises or the area around it.

(I) Abide by all rules and regulations promulgated by the Landlord in accordance with Section (h) of this Ordinance.

(J) Provide the Landlord access to the Dwelling Unit or any portion of the Premises under the Tenant's exclusive control to perform maintenance and repairs, inspect the Premises, supply necessary or agreed services or show the Dwelling Unit to prospective buyers or Tenants, provided that such access shall be at reasonable times and upon reasonable written or oral notice from the Landlord, except when serving notices required or permitted under this Ordinance or in emergency situations where the health, safety or welfare of the Tenant or the Tenant's neighbors is in immediate danger or where the Tenant consents. No Tenant who unreasonably denies access to a Landlord for these purposes may pursue an action or grievance on the grounds that any services or repairs were not provided.

(2) With respect to tenancies involving the rental of space for a residential structure:

(A) Pay rent without demand or notice at the time and place agreed upon by the parties.

(B) Immediately notify the Landlord of any defects in the common areas hazardous to life, health or safety.

(C) Keep the Premises reasonably clean and dispose of all ashes, garbage, rubbish, junk and abandoned vehicles in a proper, sanitary and safe manner.

(D) Refrain from destroying, defacing, damaging, or removing any part of the Premises or common areas, and to require guests to act in like manner.

(E) Pay reasonable charges for the repair of damages, other than normal wear and tear, to the Premises or common areas caused by the Tenant or his/her guests, or to repair such damages as required under the Lease or Rental Agreement, within thirty (30) calendar days of such damage.

(F) Conduct himself/herself , and require his/her guests to conduct themselves, in a manner which does not disturb the quiet enjoyment of others or cause a breach of the peace.

(G) Use electrical, water and sewage disposal systems in a reasonable manner and maintain the connections to those systems between the structure and the public right of way.

(H) Use the Premises only for residential purposes as agreed, and not to use the Premises or permit its use for any other purpose, including illegal conduct or any other activity which may harm the physical or social environment of the Premises or the area around it.

(I) Abide by all rules and regulations promulgated by the Landlord in accordance with Section (h) of this Ordinance.

(J) Provide the Landlord access to any portion of the Premises under the Tenant's exclusive control to perform maintenance and repairs, inspect the Premises, supply necessary or agreed services, provided that such access shall be at reasonable times and upon reasonable written or oral notice from the Landlord, except when serving notices required or permitted under this Ordinance or in emergency situations where the health, safety or welfare of the Tenant or the Tenant's neighbors is in immediate danger or where the Tenant consents. No Tenant who unreasonably denies access to a Landlord for these purposes may pursue an action or grievance on the grounds that any services or repairs were not provided.

(k) Tenant Remedies.

(1) With respect to tenancies not involving the rental of space for a residential structure:

(A) Conditions. Where a Landlord has not complied with his/her responsibilities regarding Premises conditions, as set forth in Section (i)(1) of this Ordinance, and where the Tenant has given notice to the Landlord and the Landlord has failed, within a reasonable period of time, to cure his/her noncompliance, the Tenant may:

(i) Withhold Rent in cases where the Landlord's noncompliance renders the Premises uninhabitable; or

(ii) Make necessary repairs and deduct the cost of such repairs from his/her Rent; or

(iii) Institute an action in the Tribal Court seeking:

(a) an order compelling the Landlord to comply with his/her responsibilities as set forth in Section (i)(1);

(b) an award of money damages, which may include a retroactive abatement of Rent; and/or

(c) such other legal or equitable relief as the Court may deem proper, provided that no Tenant may institute such an action if a valid notice to quit has been served on him/her prior to his/her institution of the action.

(iv) Terminate the Rental Agreement.

(B) Harassment and Quiet Enjoyment. Where a Landlord violates his/her responsibilities as set forth in Section (i)(1)(G) and Section (i)(1)(H) of this Ordinance, the Tenant may:

(i) Recover damages not less than an amount equal to one month's Rent and reasonable attorney's fees.

(ii) Institute an action in the Tribal Court seeking an order compelling the Landlord to comply with his/her responsibilities as set forth in Section (i)(1)(G) and Section (i)(1)(H), and such other legal or equitable relief as the Court may deem proper, provided that no Tenant may institute such an action if a valid notice to quit has been served on him/her prior to his/her institution of the action.

(iii) Terminate the Rental Agreement.

(C) Identification of Landlord. Where a Landlord fails to identify himself/herself to the Tenant in accordance with Section (i)(1)(I) of this Ordinance, the Tenant is under no obligation to pay Rent and may terminate any existing Rental Agreement.

(2) With respect to tenancies involving the rental of space for a residential structure:

(A) Conditions. Where a Landlord has not complied with his/her responsibilities regarding common area conditions, as set forth in Section (i)(2) of this Ordinance, and where the Tenant has given notice to the Landlord and the Landlord has failed, within a reasonable period of time, to cure his/her noncompliance, the Tenant may:

(i) Institute an action in the Tribal Court seeking:

(a) an order compelling the Landlord to comply with his/her responsibilities as set forth in Section (i)(2); and/or

(b) such other legal or equitable relief as the Court may deem proper, provided that no Tenant may institute such an action if a valid notice to quit has been served on him/her prior to his/her institution of the action.

(Ii) Terminate the Rental Agreement.

(B) Harassment and Quiet Enjoyment. Where a Landlord violates his/her responsibilities as set forth in Section (i)(2)(D) and Section (i)(2)(E) of this Ordinance, the Tenant may:

(i) Recover damages not less than an amount equal to one month's Rent and reasonable attorney's fees.

(Ii) Institute an action in the Tribal Court seeking an order compelling the Landlord to comply with his/her responsibilities as set forth in Section (i)(2)(D) and Section (i)(2)(E), and such other legal or equitable relief as the Court may deem proper, provided that no Tenant may institute such an action if a valid notice to quit has been served on him/her prior to his/her institution of the action.

(Iii) Terminate the Rental Agreement.

(C) Identification of Landlord. Where a Landlord fails to identify himself/herself to the Tenant in accordance with Section (i)(2)(F) of this Ordinance, the Tenant is under no obligation to pay Rent and may terminate any existing Rental Agreement.

(l) Landlord Remedies. Where a Tenant has not complied with this Ordinance or the agreement of the parties, the Landlord has the right to:

(1) With respect to tenancies not involving the rental of space for a residential structure:

(A) In accordance with the terms of the agreement under which the Tenant occupies the Premises, terminate said agreement and demand that he/she and those with him/her leave the Premises.

(B) Require repairs or maintenance which are the responsibility of the Tenant and compliance with reasonable rules and regulations for occupancy.

(C) Seek a Court order or judgment for the payment of monies or costs, for compliance with the agreements and obligations of Tenant, for termination of the Rental Agreement, payment of damages, eviction of Tenant or any other relief to which he/she may be entitled by law or the agreement of the parties.

(2) With respect to tenancies involving the rental of space for a residential structure:

(A) In accordance with the terms of the agreement under which the Tenant occupies the Premises, terminate said agreement and demand that he/she and those with him/her leave the Premises.

(B) Require repairs or maintenance which are the responsibility of the Tenant and compliance with reasonable rules and regulations for occupancy.

(C) Seek a Court order or judgment for the payment of monies or costs, for compliance with the agreements and obligations of Tenant, for termination of the Rental Agreement, payment of damages, eviction of Tenant or any other relief to which he/she may be entitled by law or the agreement of the parties.

(m) Attempt at Informal Resolution. Before terminating any Rental Agreement, Lease or other agreement, or instituting any action in Tribal Court under this Ordinance, a Landlord or Tenant must demonstrate that he/she has met or attempted to meet with the other party(ies) to discuss grievances which might otherwise be adjudicated in the Tribal Court and has made a good faith effort to resolve those grievances outside of Court.


(n) Abandoned Dwelling Units. Where a dwelling has been abandoned (the Tenant has vacated without notice and does not intend to return which is evidenced by removal of possessions, nonpayment of Rent, disconnected utilities or expressed to the Landlord or third party), a Landlord, without further notice to the Tenant, may post a notice on the dwelling stating that the Landlord intends to take possession and that the Tenant's possessions will be inventoried and removed within ten (10) days from the posting. If the Tenant's possessions are not claimed within thirty (30) days from their removal from the abandoned dwelling, the Landlord may dispose of the possessions.

(o) Evictions -General.

  (1) Grounds for Eviction.

(A) With respect to tenancies not involving the rental of space for a residential structure, a Tenant may be evicted for:

(i) Nonpayment of Rent under an agreement for the lease, purchase or occupation of a Dwelling Unit or Premises when such payments are not made after ten (10) calendar days of the agreement date of payment or ten (10) calendar days following the first day of the month in a month-to-month tenancy.

(Ii) Any arrearage in Rent, costs or damages which have been due and owing for thirty (30) calendar days or more. The receipt by a Landlord of partial payments under an agreement shall not excuse the payment of any balance due upon demand.

(Iii) Nuisance, property damage or destruction, injuries to the property, person or peace of other Tenants, or injuries or damage to common areas and property.

(Iv) Serious or repeated violations of the Rental Agreement, any rules or regulations adopted in accordance with Section (h) of this Ordinance or any applicable Building or Housing Codes.

(v) Occupation of any Premises without permission or agreement, following any reasonable demand by a person in authority over the Premises to leave.

(vi) Under other terms in a Rental Agreement which do not conflict with the provisions of this Ordinance.

(vii) The Court may in its discretion on motion from the Landlord order the Tenant to pay into the Court Rents for the use and occupancy during the pendency of the eviction case.

(B) With respect to tenancies involving the rental of space for a residential structure:

(i) A Tenant may be evicted for:

(a) Any of the grounds specified in (1)(A) of this Section; or

(b) Loss of Tenant's ownership of the residential structure through sale, foreclosure, enforcement of judgment lien, or through other means.

(Ii) If the residential structure or any interest therein is mortgaged or otherwise pledged as security for any loan, the written consent to an eviction must be received by the Lender and, when a HUD loan guarantee is in force, by HUD.

(2) Notice to Quit Requirements.

(A) When Notice to Quit is Required. When a Landlord desires to obtain possession of the Premises, and when there exists one or more legally cognizable reasons to evict the Tenant or Tenants occupying the Premises as set forth in Section (o)(1) above, the Landlord shall give notice to the adult Tenants to quit possession of the Premises according to the provisions of this Section.

(B) Statement of Grounds for Eviction Required. The notice to quit shall be addressed to the adult Tenants of the Premises and shall state the legally cognizable reason(s) for termination of the tenancy and the date by which the Tenant is required to quit possession of the Premises.

(C) Time Requirement for Notice. The notice must be delivered within the following periods of time:

(i) No less than seven (7) calendar days prior to the date to quit specified in the notice for any failure to pay Rent or other payments required by the agreement.

(Ii) No less than three (3) calendar days prior to the date to quit specified in the notice for Nuisance, serious injury to property or injury to persons.

(Iii) In situations in which there is an emergency, such as fire or condition making the dwelling unsafe or uninhabitable, or in situations involving an imminent or serious threat to public health or safety, the notice may be made in a period of time which is reasonable, given the situation.

(Iv) No less than fourteen (14) calendar days in all other situations.

(3) Serving the Notice to Quit. Any notice to quit must be in writing and must be delivered to the Tenant in the following manner:

(A) Delivery must be made by an adult person.

(B) Delivery will be effective when it is:

(i) Personally delivered to a Tenant with a copy delivered by mail, or

(ii) Personally delivered to an adult living in the Premises with a copy delivered by mail, or

(iii) Personally delivered to an adult agent or employee of the Tenant with a copy delivered by mail.

(C) If the notice cannot be given by means of personal delivery, or if the Tenant cannot be found, the notice may be delivered by means of:

(i) Certified mail, return receipt requested, at the last known address of the Tenant, or

(ii) Securely taping a copy of the notice to the main entry door of the Premises in such a manner that it is not likely to blow away, and by posting a copy of the notice in some public place near the Premises, including a Tribal office, public store or other commonly frequented place, and by sending a copy first-class mail, postage prepaid, addressed to the Tenant at the Premises.

(D) The person giving notice must keep a copy of the notice and proof of service (certified by affidavit or other manner recognized by law).

(p) Judicial Eviction Procedures.

(1) Commencement of an Action for Eviction. If after the date set forth in the notice for the Tenant to quit possession of the Premises the Tenant has not quit possession, the Landlord may file a Complaint in the Tribal Court for eviction and such other relief as the Court may deem just and proper. An action for eviction shall be commenced by filing a Complaint with the Clerk of the Tribal Court. Upon filing the Complaint the Clerk shall set a hearing date which shall not be more than twenty (20) calendar days from the date of filing.

(2) Summons and Complaint.

(A) Form of Complaint. The Complaint shall state:

(i) The names of the adult Tenant(s) against whom the suit is brought;

(ii) A description or copy of the Rental Agreement, if any;

(iii) The address or reasonable description of the location of the Premises;

(iv) The grounds for eviction;

(v) A statement showing that the notice to quit or vacate and any required termination notices have been served in accordance with this Ordinance or other applicable law; and

(vi) A statement of the relief demanded, including any claim(s) for possession of the Premises, damages, fees, costs, or other special relief.

(3) Summons. Upon the filing of the Complaint the Clerk of the Court shall issue a Summons and the filing party shall be responsible for service of the Summons upon the defendant named in the Complaint. The Summons shall direct the defendant(s) to appear in Tribal Court on the date specified in the Summons. It shall also warn the defendant(s) that judgment may be taken against them if they fail to appear. Service shall be made in the manner set forth in the Tribal Court's Rules of Pleading and Practice.

(4) Answer. A defendant served with a Complaint and Summons shall have the right to file an Answer denying the allegations contained in the Complaint and/or setting forth any factual disputes or defenses. A defendant must file an Answer specifically setting forth any of the defenses described in Section (p)(5) below he/she is asserting. Any Answer filed pursuant to this section must be served on the opposing party no later than five (5) days prior to the scheduled hearing date.

(5) Defenses. The Court shall grant the remedies allowed in this Ordinance, unless it appears by the evidence that:

(A) The Premises are untenable, uninhabitable or constitute a situation where there is a constructive eviction of the Tenant, in that the Premises are in such a condition due to the fault of the Landlord and that they constitute a real and serious hazard to human health and safety and not a mere inconvenience.

(B) The Landlord has failed or refused to make repairs which are his/her responsibility after a reasonable demand by a Tenant to do so, without good cause, and the repairs are necessary for the reasonable enjoyment of the Premises.

(C) There are monies due and owing to the Tenant because he/she has been required to make repairs which are the obligation of the Landlord and the Landlord has failed or refused to make them after a reasonable notice. Such sums may be a complete or partial defense to a Complaint for eviction, but only to the extent that such sums set off monies owed for occupancy. A Tenant may be evicted after such a period if he/she fails or refuses to pay the reasonable Rental value of the Premises.

(D) That due to the conduct of the Landlord there is injury to the Tenant in such a way that justice requires that relief be modified or denied. This shall include the equitable defenses of estoppel, laches, fraud, misrepresentation and breaches of serious and material obligations for public health, safety and peace standards.

(E) That there are such serious and material breaches of applicable housing law on the part of the Landlord that it would be unjust to grant him/her a remedy.

(F) The Landlord is evicting the Tenant because of his/her race, sex, sexual orientation, religion, age, marital status, family status or because the Tenant is disabled.

(G) Any other material or relevant fact the Tenant might present that may explain why his/her eviction is unjust and unfair.

(6) Discovery and Prehearing Proceedings. Discovery shall be informal and reasonably provided on demand of a party. The Court may enter reasonable orders requiring discovery.

(7) Evidence. The Court may consider any oral or documentary evidence presented which is relevant to the facts and issues raised by the Complaint without regard to their admissibility under the rules of evidence that apply to other court proceedings, however, the Court may give less weight to evidence that is hearsay or otherwise inadmissible under the rules of evidence.

(8) Burden of Proof. The burden of proof in all proceedings under this Section shall be preponderance of the evidence.

(9) Judgment.

(A) Within seven (7) calendar days of the date of the hearing, the Court shall grant and enter judgment and the judgment shall grant all relief that the parties are entitled to as of the date of the judgment. The judgment may:

(i) Order the immediate eviction of a Tenant and delivery of the Premises to the Landlord.

(Ii) Grant actual damages as provided in the agreement of the parties or this Ordinance, including interest;

(iii) Order the parties to carry out an obligation required by law;

(iv) Establish a payment plan for the Tenant;

(v) Order Rent payments through garnishment;

(vi) Remediate the action, in part or in whole, through appropriate recalculation of Rent;

(vii) Order the payment of reasonable attorneys' fees, costs and expenses of litigation;

(viii) Grant any relief provided in this Ordinance or allowed in law or equity.

(B) If a Tenant fails to appear in person or in writing on or before the date of appearance, the Court may enter a judgment on behalf of the plaintiff without a hearing.

(C) Form of Judgment. The judgment shall state the relief granted by the Court to any party, but need not state findings of fact or conclusions of law in support of the judgment. The judgment may state brief reasons for it. If a trial is held, the judge should, whenever possible, render his/her decision immediately after both parties have rested their case and award costs and restitution as appropriate.

(D) Execution of Judgment. Any judgment may be immediately executed, and the judgments and orders of the Court shall be enforced by a law enforcement officer or officer of the Court appointed by the Court for such purpose. Any law enforcement officer shall, upon receipt of an order of the Court, execute the judgment or order made by it within five (5) calendar days of the date of the judgment or order and make a report to the Court on what was done to enforce it.

(10) Notice to Leave the Premises. Any notice to leave the Premises shall be by written order of the Court and shall be delivered to the Tenant in the following manner:

(A) Delivery shall be made by:

(i) A law enforcement officer acting within his/her jurisdiction.

(Ii) Any person authorized by the Tribal Court.

(B) Effective Delivery. Delivery shall be effective if made in any manner authorized in the Tribal Court's Rules of Pleading and Practice for the service of a Summons.

(11) Appeals. Appeals under this Section shall be according to the provisions of the Tribal Court Ordinance.

(q) Emergency Eviction.

(1) For public safety reasons, whenever a Landlord has reason to believe a resident is engaged in any activity that is an imminent threat to the health or safety of other Tenants or the public, the Landlord may demand that the Tenant vacate the Premises by notice hand delivered (or if hand delivery cannot be effected, then by securely taping a copy of the notice to the main entry door of the Premises). The Landlord may also file a Complaint with the Court requesting an emergency eviction order.

(2) Any Complaint requesting an emergency eviction order shall be served in the same manner as a demand to vacate, and may be served concurrently therewith. The Complaint shall be in the form set forth in Section (p)(2)(A) and the copy delivered to the Tenant shall be accompanied by a Notice of Hearing which shall be on a form prescribed by the Tribal Court and identify the time and place for a preliminary hearing on the Complaint. The preliminary hearing must be held within two (2) calendar days, excluding weekends and holidays, of filing of such Complaint. The Landlord shall obtain the information requested for the notice from the Court at the time the Complaint is filed.

(3) The Court shall issue an emergency eviction order if by a preponderance of the evidence it finds that the Tenant's acts or behavior threaten the health or safety of other Tenants or the public. In the order evicting the Tenant, the Court shall set a date not more than twenty (20) days from the date of the order for an adjudicatory hearing to determine whether the Tenants should be permanently evicted or whether the emergency eviction order should be set aside. The Landlord need not restate the facts and arguments set forth in his/her Complaint requesting an emergency eviction. Unless supplemented by an amended Complaint, the facts and arguments made in the Complaint requesting an emergency eviction shall constitute the Landlord's case for permanent eviction of the Tenant. The Tenant may file an answer denying the allegations of the Complaint and setting forth any factual dispute. The answer must be served as provided for in Section (p)(4) hereof. Sections (p)(6) and (p)(7) dealing with discovery and evidence shall apply. The burden of proof shall be by preponderance of the evidence. On request, the Court may award reasonable attorney's fees and costs of litigation. Any appeal of the Court's decision shall be made in accordance with the provisions of the Tribal Court Ordinance.

(r) Forcible Eviction. Where the Court orders an eviction and the defendant or any other occupant of the Premises refuses to vacate voluntarily by the effective date of the Order, the defendant or other occupants may be forcibly removed from the Premises by a law enforcement officer. At the hearing where the eviction is ordered, the Court shall inform the defendant that if he/she does not vacate the Premises voluntarily by the effective date, he/she and the other occupants will be subject to forcible eviction, and their property will be subject to storage, sale and disposal as set forth in subsection (2) below.

(1) Following eviction, the Court may allow the Landlord, the Authority or the Federal Government access to any property leased by either of them for purposes of preserving and securing it.

(2) Following forcible eviction of the defendant and/or other occupants, the former occupant's personal property shall be stored by the owner of the Premises for at least thirty (30) days, either on the Premises or at another suitable location. In order to reclaim their property, the former occupants shall pay the reasonable costs of its removal and storage. If they do not pay such costs within thirty (30) days, the owner is authorized to sell the property in order to recover these costs. Upon request by the former occupants, the Landlord shall provide them with pertinent information concerning the sale, including the time, date and location. Any proceeds from the sale in excess of the storage and removal costs shall be remitted to the former occupants. Nothing in this section shall be construed to prevent the former occupants from reclaiming property remaining after the sale if they can arrange to do so in a manner satisfactory to the owner.

(s) No Self-Help Eviction. Except by mutual consent of the parties, no Landlord may compel a Tenant to vacate any Premises in a forceful fashion or way which causes a breach of the peace without giving a notice to quit and obtaining a Court order as provided in this Ordinance.

(t) Security Deposits.

(1) Security Deposit Limits. A Landlord may demand a security deposit of a reasonable amount determined by rule of the Authority. Additional security deposits may be allowed for special circumstances such as animals or pets, Tenant's history or prior damages.

(2) Payment of Security Deposit at Termination of Tenancy. The person who is the Landlord at the time a tenancy is terminated shall pay to the Tenant or former Tenant the amount of the security deposit that was deposited by the Tenant with the person who was Landlord at the time such security deposit was deposited, less the value of any damages which any person who was a Landlord of such Premises at any time during the tenancy of such Tenant has suffered as a result such Tenant's failure to comply with Tenant's obligations. Damages shall include necessary and reasonable cleaning fees but do not include the effects of normal wear and tear.

(3) Action to Reclaim Security Deposit. Any Tenant may bring a civil action in Tribal Court to reclaim any part of his/her security deposit which may be due.

(u) Mortgage and Foreclosure.

(1) All mortgages recorded in accordance with the recording procedures set forth in this Section, including Leasehold Mortgages and loans guaranteed or held by a governmental agency, shall have priority over any lien not perfected at the time of such recording and any subsequent lien or claim, except a lien or claim arising from a tribal leasehold tax assessed after the recording of the mortgage.

(2) Recording.

(A) Appointment of a Tribal Recording Clerk. The General Manager of the Tribe shall designate a Tribal Recording Clerk and such additional deputy tribal recording clerks as he/she deems proper to perform the recording functions under this Ordinance.

(B) Recording System. The Tribal Recording Clerk shall maintain a system for the recording of Mortgages, Leasehold Mortgages and such other documents affecting an interest in land as the Tribal Council may designate.

(C) Tribal Recording Clerk Duties.

(i) The Tribal Recording Clerk shall endorse upon any Mortgage, Leasehold Mortgage or other document received for recording:

(a) The date and time of receipt;

(b) The filing number, to be assigned by the Tribal Recording Clerk, which shall be a unique number for each Leasehold Mortgage or other document received; and

(c) The name of the Tribal Recording Clerk receiving the Leasehold Mortgage, Mortgage, or other document.

(Ii) Upon competition of the above endorsements, the Tribal Recording Clerk shall make a true and correct copy of the Leasehold Mortgage, Mortgage or other document and shall certify the copy.

(Iii) The Tribal Recording Clerk shall maintain the certified copy in the records of the recording system and shall return the original of the Leasehold Mortgage, Mortgage or other document to the person or entity that presented the same for recording.

(Iv) The Tribal Recording Clerk shall maintain a log of each Leasehold Mortgage or other document recorded in which there shall be entered:

(a) The name(s) of the Borrower/Mortgagor(s) of each Leasehold Mortgage or other Mortgage, identified as such;

(b) The name(s) of the Lender/Mortgagee of each Leasehold Mortgage or Mortgage, identified as such;

(c) The name(s) of the grantor(s), grantee(s) or other designation of each party named in any other documents;

(d) The date and time of receipt;

(e) The filing number assigned by the Tribal Recording Clerk; and

(f) The name of the Tribal Recording Clerk receiving the Leasehold Mortgage, Mortgage or other document.

(D) Public Inspection. The certified copies of the mortgage and other documents and the log maintained by the Tribal Recording Clerk shall be made available for public inspection and copying.

(E) Certified Copies. In lieu of presenting an original mortgage or other document for recording, any person or entity may present a copy of the same upon which there is an original certification which has been signed and sealed by a judge or clerk of the Tribal Court or by a notary public or other authorized official of the Tribe, the Federal Government or the State of Oregon.

(F) Recording and Copying Fees. The Tribal Recording Clerk shall establish reasonable fees for the recording, copying and/or certification of any document recorded under the recording system established under this Ordinance.

(3) Assignments. The recording procedures set forth in this Ordinance for mortgages shall also apply to any assignment of a mortgage.

(4) Divorce. The Tribe shall give full faith and credit to any marital settlement agreement that is part of a state or tribally adjudicated divorce insofar as it affects an interest in real property subject to this Ordinance.

(5) Succession. Any leasehold interest in real property subject to this Ordinance may be inherited by Lessee's spouse, any adult residing with Lessee for at least the twelve (12) months immediately preceding Lessee's death or Lessee's adult children. Subject to this limitation on succession, any lease on trust land may be included in Lessee's probate estate regardless of the tribal/state jurisdiction where Lessee's estate is probated.

(6) Foreclosure.

(A) Default. A Borrower/Mortgagor shall be considered to be in default when he/she is thirty (30) days past due on his/her mortgage payment(s) to the Lender/Mortgagee.

(B) Pre-Foreclosure Requirements. A Lender/Mortgagee may not commence a foreclosure proceeding until at least three (3) monthly payments due on the mortgage are unpaid and the Lender/Mortgagee has done the following:

(i) Made a reasonable effort to arrange a face-to-face interview with the Borrower/Mortgagor before the Borrower/Mortgagor becomes ninety (90) days delinquent on his/her mortgage payments. Reasonable efforts shall include the following:

(a) at least one trip to see the Borrower/Mortgagor at the mortgaged property unless there is no office (or branch office) of the Lender/Mortgagee or servicer within 200 miles of the mortgaged property or the Borrower/Mortgagor refuses to cooperate. (A Lender/Mortgagor may appoint an agent to arrange and conduct the interview); and

(b) documentation that it has made at least one phone call to the Borrower/Mortgagor for the purpose of trying to arrange a face-to-face interview.

(Ii) Before the Borrower/Mortgagor has been delinquent for ninety (90) days and at least ten (10) days before commencing a foreclosure action, the Lender/Mortgagee shall advise the Borrower/Mortgagor in writing by mail or by posting prominently on the unit, with a copy provided to the Authority, as follows:

(a) That information regarding the loan and default will be given to credit bureaus.

(b) Of homeownership counseling opportunities/programs available through the Lender or otherwise.

(c) Of other available assistance regarding the mortgage/default.

(Iii) In addition to the preceding notification requirements in (ii) above when a Leasehold Mortgage is involved, the Lender/Mortgagee shall:

(a) notify the Borrower/Mortgagor that if the Leasehold Mortgage remains in default for more than ninety (90) days, the Lender/Mortgagee may ask the applicable governmental agency to accept assignment of the Leasehold Mortgage if this is a requirement of the governmental program;

(b) notify the Borrower/Mortgagor of the qualifications for forbearance relief from the Lender/Mortgagee, if any, and that forbearance relief may be available from the government if the mortgage is assigned; and

(c) provide the Borrower/Mortgagor with names and address of government officials to whom further communications may be addressed, if any.

(C) Commencement of Foreclosure Proceeding. A foreclosure action is commenced by filing a verified Complaint in the Tribal Court. The verified Complaint in a mortgage foreclosure proceeding shall contain the following:

(i) Contents of the Foreclosure Complaint.

(a) The name of the Borrower/ Mortgagor and each person or entity claiming through the Borrower/Mortgagor subsequent to the recording of the mortgage, including each Subordinate Lienholder (except the Tribe with respect to a claim for a tribal leasehold), as a defendant;

(b) A description of the property subject to the Mortgage;

(c) A concise statement of the facts concerning the execution of the Mortgage or in the case of a Leasehold Mortgage the lease; the facts concerning the recording of the Mortgage or the Leasehold Mortgage; the facts concerning the alleged default(s) of the Borrower/Mortgagor; and such other facts as may be necessary to constitute a cause of action;

(d) True and correct copies of each promissory note: if a Leasehold Mortgage, then a copy of the Lease, the Mortgage or assignment thereof relating to the property (Appended as exhibits); and

(e) Any applicable allegations concerning relevant requirements and conditions prescribed in (1) federal statutes and regulations (2) tribal codes, ordinances and regulations; and/or (3) provisions of the Lease or Leasehold Mortgage or security instrument.

(Ii) Summons. Upon filing the Complaint the clerk shall issue a Summons specifying a date and time of appearance for the Defendant(s) and other information as described in (o)(2)(B) of this Code.

(Iii) Service of Complaint and Summons. The filing party shall be responsible for serving the Complaint and Summons in accordance with the procedures set forth in (o)(3) of this Ordinance.

(D) Cure of Default. Prior to the entry of a judgment of foreclosure, any Borrower/Mortgagor or a Subordinate Lienholder may cure the default(s) under the Mortgage by making a full payment of the delinquency to the Lender/Mortgagee and all reasonable legal and Court costs incurred in foreclosing on the property. Any Subordinate Lienholder who has cured a default shall thereafter have included in its lien the amount of all payments made by such Subordinate Lienholder to cure the default(s), plus interest on such amounts at the rate stated in the note for the mortgage. There shall be no right of redemption in any Leasehold Mortgage Foreclosure proceeding.

(E) Judgment and Remedy. This matter shall be heard and decided by the Tribal Court in a prompt and reasonable time period not to exceed sixty (60) days from the date of service of the Complaint on the Borrower/Mortgagor. If the alleged default has not been cured at the time of trial and the Tribal Court finds for the Lender/Mortgagee, the Tribal Court shall enter judgment:

(i) Foreclosing the interest of the Borrower/Mortgagor and each other defendant, including Subordinate Lienholder, in the Mortgage, and

(ii) Assigning the Mortgage to the Lender/Mortgagee or the Lender's Designated assignee; in the case of a Leasehold Mortgage, the Lease will be assigned to the Lender/Mortgagee or the Lender's Designated Assignee, subject to the following provisions:

(iii) The Lender shall give the Tribe the right of first refusal on any acceptable offer to purchase the Lease or Leasehold Mortgage which is subsequently obtained by the Lender or Lender's Designated Assignee.

(Iv) The Lender or Lender's Designated Assignee may only transfer, sell or assign the Lease and/or Leasehold Mortgage to a Tribal member, the Tribe or the Tribal Housing Authority.

(v) Any other transfer, sale or assignment of the Lease or Lea