3 NICS App. 311, Tulalip Housing Authority v. Henry (July 1994)

IN THE TULALIP TRIBAL COURT OF APPEALS

TULALIP INDIAN RESERVATION

MARYSVILLE, WASHINGTON

Tulalip Housing Authority v. Henry

No. TUL-Ci-3/94-283 (July 20, 1994)

SUMMARY

Appeal of Writ of Restitution dismissed with prejudice due to failure of Appellant to appear for scheduled hearing.

FULL TEXT

Before:            Chief Justice Elbridge Coochise, Associate Justice David Ward, and Associate Justice Jay White.

Appearances:  Stacy Oshie and Christina Berg, representing Respondent, Tulalip Housing Authority.

NATURE OF THE ACTION

Plaintiff, Tulalip Housing Authority, brought an Unlawful Detainer action against defendants, Adrian and Marilyn Henry, for failure to pay rent and failure to abide by terms of a payback agreement. After a hearing, which defendants did not attend despite having been notified, Trial Court ordered defendants to pay all monies owing, and issued a Writ of Restitution restoring premises to plaintiff, THA. Defendants appeal the Trial Court judgment.

COOCHISE, Chief Justice:

THIS MATTER came before the Tulalip Court of Appeals on June 27, 1994.

Present at the hearing were Stacy Oshie and Christina Berg, representing the Respondent. The Appellants, although notified of the hearing, did not appear to present their case.

This case involves an appeal by Adrian and Marilyn Henry of the judgment of the Trial Court entered on April 8, 1994, which directed the Court Clerk to issue a Writ of Restitution, restoring Appellants' rental home to the possession of the Tulalip Housing Authority.

3 NICS App. 311, Tulalip Housing Authority v. Henry (July 1994) p. 312

I. JURISDICTION OF TRIBAL COURT

The Tulalip Tribal Court has subject matter jurisdiction over Unlawful Detainer Actions pursuant to Tulalip Tribal Ordinance No. 50, Section 1.5.

Personal jurisdiction exists because the Appellants live within the exterior boundaries of the Tulalip Reservation; it is immaterial that the Appellants are Tribal members.

Territorial jurisdiction exists because the home which the Unlawful Detainer Action concerns is within the exterior boundaries of the Tulalip Reservation, and regulated by the Tulalip Housing Authority.

The Tulalip Tribal Appellate Court has jurisdiction over this case pursuant to the Tulalip Tribal Law and Order Code, Ordinance 49, Section 1.11.1, which states in relevant part:

Any person who claims in good faith, that the Tulalip Tribal Court made a mistake in interpreting the law or a mistake in procedure which affected the outcome of a case shall have a right to appeal a final judgment.

II. FACTUAL BACKGROUND

This case originated as an Unlawful Detainer Action by the Tulalip Housing Authority against the appellants, Adrian and Marilyn Henry. The Tulalip Housing Authority is set up to provide low income housing to Tribal members. Continued Federal funding is partially dependent upon collecting rents from the tenants in the housing. The amount of rent is based on the tenant's income. The Appellants are tenants of Tulalip Housing Authority Unit. Their rent is $527 per month.

On January 18, 1994, the Tulalip Housing Authority served the Appellants with a Notice of Termination of the Mutual Help and Occupancy Agreement entered into by the parties. The termination notice was sent because the Appellants had failed to make their rent payments, had failed to abide by the terms of a payback agreement entered into on August 5, 1993, and were in arrears $4,695. The Appellants did not move out of the premises.

On March 29, 1994, the Appellants were served with a summons, complaint, and notice of hearing. The Appellants did not respond to the complaint in writing and did not appear at the hearing scheduled for April 8, 1994.

At the hearing on April 8, 1994, the Trial Court entered a judgment against the Appellants for $5,779 plus any additional rent or damages owing after the Appellants had vacated the premises, and ordered a Writ of Restitution restoring the premises to the Respondent.

3 NICS App. 311, Tulalip Housing Authority v. Henry (July 1994) p. 313

The Appellants filed a Notice of Appeal on April 11, 1994. No grounds were stated for the appeal, nor was a brief ever filed. The Appellants did not appear at the Tribal Appeals Court Hearing held on June 27, 1994.

III. ORDER AND REMAND FOR FURTHER PROCEEDINGS

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:

1.    The Appellants' appeal is Dismissed with prejudice.

2.    The Trial Court's judgment is affirmed.

3.    The entire bond posted by the Appellant shall be disbursed to the Respondent, Tulalip Housing Authority, for payment towards the arrearage owed.

4.    The matter is remanded to Tulalip Tribal Trial Court for issuance of a writ of restitution restoring the premises to the Respondent and for a determination as to whether any additional amounts are now owing.