Tulalip Housing Authority v. Lindhorst

3 NICS App. 314, Tulalip Housing Authority v. Lindhorst (July 1994)

IN THE TULALIP TRIBAL COURT OF APPEALS

TULALIP INDIAN RESERVATION

MARYSVILLE, WASHINGTON

No. TUL-Ci-2/94-277 (July 20, 1994)

SUMMARY

Appeal of Writ of Restitution issued by Trial Court restoring house to Tulalip Housing Authority due to default in rent. Court of Appeals affirmed and remanded.

FULL TEXT

Before: Chief Justice Elbridge Coochise, Associate Justice Charles Hostnik, and Associate Justice Rose Purser

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, Eric and Leonie Lindhorst, for failure to pay rent and for engaging in drug-related activity in violation of the Mutual Help and Occupancy 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 Trial Court judgment.

COOCHISE, Chief Justice:

THIS MATTER came before the Tulalip Court of Appeals on June 20, 1994.

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

This case involves an appeal by Eric and Leonie Lindhorst of the judgment of the Trial Court entered on March 11, 1994, which directed the Court Clerk to issue a Writ of Restitution, restoring their rental home to the possession of Tulalip Housing Authority.

3 NICS App. 314, Tulalip Housing Authority v. Lindhorst (July 1994) p. 315

I. JURISDICTION OF TRIBAL COURT

The Tulalip Tribal Court has subject matter jurisdiction over Unlawful Detainer Action's 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, Eric and Leonie Lindhorst. The Tulalip Housing Authority is set up to provide low income housing to Tribal members. Continued Federal funding is partially dependant 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 $71 per month.

On October 1, 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, and had been observed by two employees of Tulalip Housing Authority to be engaged in drug-related activity, in violation of the Mutual Help and Occupancy Agreement signed by both parties. The Appellants did not move out of the premises.

On February 14, 1994, the Appellants were served with a summons, complaint, and notice of hearing scheduled for March 11, 1994.

At the hearing on March 11, 1994, where both parties appeared, the Trial Court determined that the Appellants had failed to comply with their contractual agreement by engaging in drug-related activity on the premises and failure to pay rent. The Trial Court entered a judgment against the Appellants for $570 in back-rent, plus any additional rent or damages owing

3 NICS App. 314, Tulalip Housing Authority v. Lindhorst (July 1994) p. 316

after the Appellants had vacated the premises, and ordered a Writ of Restitution restoring the premises to the Respondent.

The Appellants filed a Notice of Appeal on March 28, 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 20, 1994.

III. ORDER AND REMAND FOR FURTHER PROCEEDINGS

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:

1. The Appellant's 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.