Chapter 6.12 PUYALLUP TRIBAL HOUSING CODE

(a) This Code shall be known as the “Puyallup Tribal Housing Code” of the Puyallup Tribe of Indians. It is intended to govern all housing activities within the jurisdiction of the Puyallup Tribe.

(b) This Code is adopted to establish the Puyallup Tribe’s policy regarding the operations and administration of all the Tribe’s housing programs which currently exist on the Indian Country of the Tribe, or which will be established in the future. [Res. 161116A (11/16/16); Res. 170708E, 07/17/08; prior code § 6.01.100]

6.12.110 Findings and declaration of need.

It is hereby declared:

(a) That there is a need for a comprehensive code to govern housing issues on the lands within the jurisdiction of the Puyallup Tribe to ensure consistency and fair treatment.

(b) That the provisions of this Housing Code are needed to establish the overarching legal framework to govern housing issues on the Indian Country of the Tribe.

(c) That the responsibility for drafting and implementing the specific policies for Tribal housing programs should be delegated to the Housing Department of the Puyallup Tribe, the Tribe’s Designated Housing Entity. [Res. 161116A (11/16/16); Res. 170708E, 07/17/08; prior code § 6.01.110]

6.12.120 Applicability.

(a) The Puyallup Tribal Housing Code shall apply to any and all arrangements, formal or informal, written or agreed to orally or by the practice of the parties, in selling, buying, renting, leasing, occupying, or using any and all housing, dwellings, 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 a building.

(b) The following arrangements are not governed by this Code:

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

(2) Occupancy in a hotel, motel, or other commercial lodging except when used for temporary housing by the Tribe. [Res. 170708E, 07/17/08; prior code § 6.01.120]

6.12.130 Jurisdiction.

(a) To the extent permitted by law, jurisdiction is extended over all buildings and lands intended for human dwelling, occupation or residence which are located in the Indian Country of the Tribe.

(b) To the extent permitted by law, jurisdiction is extended over all persons or entities within the jurisdiction of Tribe who sell, rent, lease, or allow persons to occupy housing, dwellings, or accommodations which are located in the Indian Country of the Tribe, for the purpose of human dwelling, occupation, or residence, and all persons who buy, rent, lease, or occupy such structures.

(c) To the extent permitted by law, jurisdiction is extended over all persons or entities, no matter where located, who enter into agreements with the Tribe or any of its departments or programs in which such persons or entities consent to the jurisdiction of the Puyallup Tribal Court. [Res. 161116A (11/16/16); Res. 170708E, 07/17/08; prior code § 6.01.130]

6.12.140 Purposes and interpretation.

This Code shall be interpreted and construed to fulfill the following purposes:

(a) To codify the law governing the occupation of dwelling units, and to protect the rights of landlords and tenants.

(b) To preserve the peace, harmony, safety, health and general welfare of the people of the Tribe and those permitted to enter or reside on the Indian Country of the Tribe.

(d) To encourage landlords and tenants to maintain and improve dwellings on the Indian Country of the Tribe in order to improve the quality of housing as a Tribal resource.

(e) To simplify the law governing the rights, obligations, and remedies of the owners, sellers, buyers, lessors, and lessees of buildings.

(f) To avail the Tribe, Tribal entities, and Tribal members of financing for the construction and/or purchase of family residences on trust or fee land within the jurisdiction of the Tribe by prescribing procedures for the recording, priority and foreclosure of mortgages given to secure loans made by or through any government agency or lending institution.

(g) To establish laws and procedures which are necessary in order to obtain governmental funding for Tribal housing programs or loan guarantees for private or Tribal housing construction, purchase, or renovation. [Res. 170708E, 07/17/08; prior code § 6.01.140]

6.12.150 Relation to other laws.

(a) Applicable Law. Unless affected or displaced by this Code, principles of law and equity in the common law of the Tribe and Tribal customs and traditions are applicable, and the general principles of law of any other tribe or any other jurisdiction may be used as a guide to supplement and interpret this Code.

(b) Other Applicable Laws. Additional Tribal and federal laws may apply with regard to Tribal housing such as governmental housing rules and regulations.

(c) NAHASDA. Programs funded by NAHASDA funds shall comply with the provisions of the Act, as well as with the regulations adopted to implement the Act.

(d) Conflicts with Other Laws.

(1) Tribal Laws. To the extent that this Code may conflict with Tribal laws or ordinances which have been enacted to comply with statutes or regulations of any agency of the United States, such Tribal laws or ordinances shall govern over the provisions of this Code if it has specific applicability and it is clearly in conflict with the provisions of this Code.

(2) Federal Laws. Where a conflict may appear between this Code and any statute, regulation, or agreement of the United States, the federal law shall govern if it has specific applicability and if it is clearly in conflict with the provisions of this Code.

(3) State Laws. To the extent that the laws of any state may be applicable to the subject matter of this Code, such laws shall be read to be advisory and not directly binding and shall not govern the relations of the parties. [Res. 170708E, 07/17/08; prior code § 6.01.150]

6.12.160 Definitions.

As used in this Code, the following words will have the meanings given them in this section unless the context plainly requires other:

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

(b) “Adult person” is any person 18 years of age or older.

(1) Has no alternative housing options such as living with relatives or others; and

(2) Has been without permanent housing for more than three months; and

(3) One or more of the family members has a medical doctor’s report or diagnosis, documenting a serious health condition that will result in imminent death unless permanent housing is provided.

(d) “Borrower/mortgagor” is the Tribe, the Housing Department of the Puyallup Tribe, or any individual Indian(s) or any heir(s), successor(s), executor(s), administrator(s), or assign(s) of the Tribe or such Indian(s) or non-Indian(s) who has executed a mortgage or a leasehold mortgage as defined in this Code.

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

(f) “Building or housing codes” are any law, ordinance, or governmental regulation of the Tribe or an agency of the United States which deals with fitness for habitation, health conditions, or the safety, construction, maintenance, operation, occupancy, use, or appearance of any dwelling unit.

(g) “Deed of trust” is an instrument that creates a voluntary lien on real property to secure the repayment of a debt, and which includes a power of sale clause permitting nonjudicial foreclosure; the parties are the grantor or trustor (borrower), the beneficiary (the lender), and the trustee (a neutral third party).

(h) “Dependent” is a member of the family household, other than the head of the household or his or her spouse, who is under the age of 18, or is a disabled or handicapped person or is a full time student. It does not include foster children.

(i) “Direct and verifiable costs” are costs which are documented as having an effect on the subject problem and are supported by third party documents such as bill of sale, money orders, payroll checks or purchase orders.

(j) “Disabled or handicapped person” is a person who:

(1) Has a disability as defined in Section 223 of the Social Security Act; or

(2) Is determined, pursuant to regulations issued by the Secretary of the Department of Housing and Urban Development, to have a physical, mental, or emotional impairment which:

(A) Is expected to be of long-continued and indefinite duration;

(B) Substantially impedes his or her ability to live independently; and

(3) Has a developmental disability as defined in Section 102 of the Developmental Disabilities Assistance and Bill of Rights Act.

(k) “Displaced person” is a person displaced by:

(1) Governmental action other than eviction; or

(2) Displacement actions described in the definition for a displaced person pursuant to 24 CFR Part 1000 Section 1000.14(g) of the Native American Housing Assistance and Self-Determination Act of 1996 regulations; or

(3) Actions beyond the control of the displaced person and where the behavior of the displaced person was not a contributing factor (for example, a person displaced because of a natural disaster).

(l) “Down payment assistance” means a grant provided to eligible Tribal members to secure private financing for home ownership in the form of a silent second deed of trust. The grant is forgiven over a period of time according to a schedule and rate established by the Tribe.

(m) “Dwelling unit” is a house or building or portion thereof which is rented or leased as a home or residence by any person, not including public transient accommodation, such as hotel rooms.

(n) “Elderly family” is a family whose head (or his or her spouse) or whose sole person is an elderly person. Such term also means two or more elderly persons living together. It also means one or more elderly persons living with one or more persons determined to be essential for the care or well being of an elderly person.

(o) “Elderly person” is a person who is 62 years of age.

(p) “Guest” is any person, other than the tenant, in or around a dwelling unit with the permission and consent of the tenant.

(q) He/His. The use of “he/his” means he or she, his or her, and the singular includes the plural.

(r) “Homebuyer” is a party or entity that has entered into a legally binding agreement, subject to terms and conditions and this Code, to acquire, purchase or lease residential property.

(s) “Home ownership” is the process of acquiring, purchasing, or leasing with an option to purchase residential property as a homebuyer.

(t) “Housing agreement” means any contractual arrangement made between an owner or manager of housing and a tenant or purchaser of such housing, including but not limited to leases, lease/purchases and purchases.

(u) “Housing Department” is the Housing Department of the Puyallup Tribe.

(v) “Housing Director” is the Director of the Housing Department of the Puyallup Tribe.

(w) “Indian” is any person recognized as being an Indian or Alaska Native by any Indian tribe, or by the government of the United States.

(x) “Indian family” is a family consisting of one or more members who is an Indian.

(y) “Indian Country of the Tribe” is the Puyallup Indian Reservation in the state of Washington as well as all other “Indian country” of the Puyallup Tribe as that term is defined by federal and Tribal law, whether or not such lands are within the exterior boundaries of the Puyallup Indian Reservation.

(z) “Indian Housing Plan (IHP)” is a housing plan developed pursuant to Section 102 of the Native American Housing Assistance and Self-Determination Act of 1996, 25 U.S.C. Sections 4101 through 4212.

(aa) “Indian tribe” is any federally recognized Indian tribe, or any state-recognized Indian tribe covered by NAHASDA.

(bb) “Landlord” is the owner, lessor, or sublessor of a dwelling unit intended for the use of tenants. This may include the Tribe, Housing Department of the Puyallup Tribe, a person, entity or federal government agency.

(cc) “Lease” is an agreement, written or oral, as well as valid rules and regulations, and policies regarding the tenants and conditions of the use and occupancy of real property, dwelling unit, building, or premises, including a lease-to-purchase agreement.

(dd) “Lease/purchase” is a written housing agreement between the landlord and homebuyer or lessee with an option to purchase which is subject to the provisions of the agreement and this Code and includes all previous Housing Authority, including those executed by the Puyallup Nation Housing Authority, the Housing Department of the Puyallup Tribe, Mutual Help Occupancy (MHO) Agreements.

(ee) “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, the Puyallup Tribal Housing Authority, the Housing Department of the Puyallup Tribe, or any other agreement entered between a borrower/mortgagor and a lender/mortgagee.

(ff) “Lender designated assignee” is an entity which receives interest in a mortgage or lease and/or leasehold mortgage from any lender as defined in this Code through assignment.

(gg) “Lender/mortgagee” is:

(1) Any private lending institution established to primarily loan funds and not to invest in or purchase properties;

(2) The Tribe;

(3) The Housing Department of the Puyallup Tribe; or

(4) A U.S. government agency or private individual which loans money, guarantees or insures loans to a borrower for construction, acquisition, or rehabilitation of a home. It is also any lender designated assignee(s) or successor(s) of such lender/mortgagee.

(hh) “Lessor” is the legal, beneficial, or equitable owner of property under a lease. Lessor may also include the heir(s), successor(s), executor(s), administrator(s), or assign(s) of the lessor.

(ii) “Lessee” is a tenant of a dwelling unit, user and/or occupier of real property, or the homebuyer under any federal mortgage program including the mutual help program. The lessee may, for purposes of federal agency home mortgage programs, be the Housing Department of the Puyallup Tribe or the Tribe.

(jj) “MEPA” is the Monthly Equity Payment Account as provided in the Mutual Help Occupancy Agreement as administered under the provisions of the Housing Act of 1937.

(kk) “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.

(ll) “Mortgage foreclosure proceeding” is a proceeding 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 to assign where appropriate the borrower(s)/mortgagor(s) interest to a designated assignee.

(mm) Mortgagor/Borrower. See “Borrower/mortgagor.”

(nn) Mortgagee/Lender. See “Lender/mortgagee.”

(oo) “Mobile home” is a structure designed for human habitation and for being moved on a street or highway. Mobile home includes prefabricated, modular and manufactured homes. Mobile home does not include a recreational vehicle or a commercial coach. Mobile homes attached to a permanent foundation are considered and treated as real property. Mobile homes not attached to a permanent foundation are considered and treated as personal property.

(pp) “NAHASDA” is the Native American Housing Assistance and Self-Determination Act of 1996, 25 U.S.C. Sections 4101 through 4212.

(qq) “Notice to comply or quit” is the formal communication to the resident of a housing unit that any legal right to the premises shall be terminated unless the resident complies with the terms of their housing agreement, and that failure to comply shall result in the resident being required to permanently leave or vacate the unit and return the property to the landlord or mortgagor.

(rr) “Nuisance” is the maintenance or allowance on real property of a condition which one has the ability to control and which unreasonably threatens the health or safety of the public or neighboring land users or unreasonably and substantially interferes with the ability of neighboring property users to enjoy the reasonable use and occupancy of their property.

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

(tt) “Person” includes the Tribe, Housing Department of the Puyallup Tribe, an individual or organization, and where the meaning of a portion of this Code requires, it means a public agency, corporation, partnership, or any other entity.

(uu) “Preferences for applicants” includes special advantages given to applicants on a waiting list which will improve their rank. See PTC 6.12.440.

(vv) “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.

(ww) “Purchase agreement” is an agreement between a buyer and seller of property, setting forth, in general, the price and terms of the sale.

(xx) “Quiet enjoyment” is the right to reside in a residence without fear, danger, or harassment and in a suitable living environment.

(yy) “Recertification” is the act of reviewing old and new data or information to determine if the original certification is still valid.

(zz) “Rent” is all periodic payments to be made to a landlord or lessor under a lease.

(aaa) Rental Agreement. See “Lease.”

(bbb) “Reservation” is the Puyallup Indian Tribe Reservation in the state of Washington.

(ccc) “Shall,” for the purposes of this Code, will be defined as mandatory or must.

(ddd) “Silent second” is a deed of trust lien on property on which the Tribe or the Housing Department of the Puyallup Tribe is identified as the beneficiary and which is subordinate to the primary mortgage or deed of trust and other liens identified by this Code.

(eee) “Subordinate lienholder” is the holder of any lien, including a subsequent mortgage or silent second, perfected subsequent to the recording of a mortgage under this Code, except the Tribe shall not be considered a subordinate lienholder with respect to any claim regarding a Tribal tax on real property.

(fff) “Tenant” is the lessee(s), sublessee(s), or person(s) entitled under a lease, purchase agreement or lease/purchase agreement to occupy a dwelling unit to the exclusion of others.

(ggg) “Tribal Court” is the Court as established by the laws of this Tribe or such body as may now or hereafter be authorized by the laws of the Tribe to exercise the powers and functions of a court of law.

(hhh) “Tribal Recording Clerk” is the Director of the Tribal Real Estate Program or such other person designated by the Tribe to perform the recording functions required by this document or any deputy or designee of such person.

(iii) “Tribe” is the Puyallup Tribe of Indians.

(jjj) “Tribally Designated Housing Entity (TDHE)” is established by the Native American Housing Assistance and Self-Determination Act of 1996 (Public Law 104-330). Each participating tribe must designate a TDHE to receive the annual grant. The Housing Department of the Puyallup Tribe is the Puyallup Tribe’s TDHE.

(kkk) “VEPA” is the Voluntary Equity Payment Account as provided in the Mutual Help Occupancy Agreement as administered under the provisions of the Housing Act of 1937.

(lll) “Veteran” is a person that has served in a branch of the United States armed services and did not receive a dishonorable discharge.

(mmm) “Gang-related criminal activity” is any activity that violates the prohibitions against gang-related activity set out elsewhere in the Puyallup Tribal Code or under the applicable laws of any other jurisdiction.

(nnn) Other definitions not provided in this Code shall have the definition provided in the NAHASDA and/or the implementing regulations of that Act or the policies adopted by the Housing Authority or Housing Department of the Puyallup Tribe. [Res. 161116A (11/16/16); Res. 170708E, 07/17/08; prior code § 6.01.160]

Subchapter 2. Administration and Governance

6.12.200 Housing Authority Charter.

The Tribal Council hereby affirms and ratifies that the Puyallup Nation (Tribal) Housing Authority is dissolved and disbanded, and that any and all assets, obligations, rights, property, and responsibilities of the Puyallup Nation Housing Authority are hereby transferred to the Housing Department of the Puyallup Tribe effective October 1, 2016. [Res. 161116A (11/16/16); Res. 170708E, 07/17/08; prior code § 6.01.200]

6.12.220 Tribal Council responsibilities.

The Tribal Council will:

(a) Review and approve performance and progress reports prepared by the Housing Department.

(b) Assure that adequate resources are available to accomplish housing program accounting and compliance requirements, including federal Department of Housing and Urban Development (HUD) requirements.

(c) The Tribal Council will not be involved in the day-to-day management of or decision-making for programs of the Housing Department.

(d) Provide the certifications required for the Indian Housing Plans submitted to HUD pursuant to Section 102 of NAHASDA. [Res. 161116A (11/16/16); Res. 170708E, 07/17/08; prior code § 6.01.220]

Subchapter 3. Housing Programs

6.12.300 Authority.

The Housing Department, the Tribe’s Designated Housing Entity, shall have the authority to operate the programs described in this Subchapter 3, as well as other programs developed by the Department that are consistent with the Tribe’s housing policies. [Res. 161116A (11/16/16); Res. 170708E, 07/17/08; prior code § 6.01.300]

6.12.310 Mortgage/down payment program.

The mortgage/down payment program shall be conducted to provide a purchase subsidy to each participant to help the participant achieve home ownership. The program shall be conducted according to any applicable federal law and regulations, as well as according to policies recommended by the Housing Department and adopted by the Tribal Council. [Res. 161116A (11/16/16); Res. 170708E, 07/17/08; prior code § 6.01.310]

6.12.320 Mutual help program.

The mutual help program shall be conducted to assist participants in achieving home ownership in exchange for a contribution to the development of the program, monthly payments based on income, and maintenance of the home. The program shall be conducted according to any applicable federal law and regulations, as well as according to policies recommended by the Housing Department and adopted by the Tribal Council. [Res. 161116A (11/16/16); Res. 170708E, 07/17/08; prior code § 6.01.320]

6.12.330 Low-income rental program.

A low-income rental program shall be conducted to provide housing to low-income persons in exchange for monthly payments based on income and maintenance of the dwelling. The program shall be conducted according to any applicable federal law and regulations, as well as according to policies recommended by the Housing Department and adopted by the Tribal Council. [Res. 161116A (11/16/16); Res. 170708E, 07/17/08; prior code § 6.01.330]

6.12.340 Loan guarantee program.

A loan guarantee program, if established, shall be conducted to assist participants in obtaining home loans. The program shall be conducted according to any applicable federal law and regulations, as well as according to policies recommended by the Housing Department and adopted by the Tribal Council. [Res. 161116A (11/16/16); Res. 170708E, 07/17/08; prior code § 6.01.340]

6.12.350 Rental assistance program.

A rental assistance program similar to the HUD Section 8 program, if established, shall be conducted to assist participants in obtaining rental housing. The program shall be conducted according to any applicable federal law and regulations, as well as according to policies recommended by the Housing Department and adopted by the Tribal Council. [Res. 161116A (11/16/16); Res. 170708E, 07/17/08; prior code § 6.01.350]

6.12.360 Transitional/emergency housing.

A transitional/emergency housing program, if established, shall be conducted to assist participants who are in a state of transition or emergency through no fault of their own by providing temporary housing. The program shall be conducted according to any applicable federal law and regulations, as well as according to policies recommended by the Housing Department and adopted by the Tribal Council. [Res. 161116A (11/16/16); Res. 170708E, 07/17/08; prior code § 6.01.360]

6.12.370 Other housing programs.

Other housing programs, if established, shall be developed as needed for appropriate development of the Indian Country of the Tribe’s housing functions such as planning, infrastructure, facilities, and other programs necessary to achieve resident balance and mixtures. Such programs will be conducted according to any applicable federal law and regulations, as well as according to policies recommended by the Housing Department and adopted by the Tribal Council. [Res. 161116A (11/16/16); Res. 170708E, 07/17/08; prior code § 6.01.370]

Subchapter 4. Admissions and Eligibility for Assisted Tribal Housing Programs

6.12.400 General.

(a) This subchapter contains the general provisions for admission into the assisted Tribal housing programs. Applications from all interested parties shall be accepted. After determining eligibility, the Puyallup Tribal Housing Department staff shall place each applicant on the appropriate waiting lists for potential renters, homebuyer applicants and/or other programs established by the Housing Department. Such waiting lists shall be maintained according to the provisions of applicable program policies adopted by the Housing Department.

(b) The Housing Department shall adopt a comprehensive eligibility, admissions, and occupancy policy, consistent with the provisions of this Code and any applicable federal law or regulations.

(c) In addition to the general eligibility requirements contained in this subchapter, applicants shall also be required to meet all eligibility requirements specifically set forth in the program policy adopted by the Puyallup Tribal Housing Department.

(d) No otherwise qualified individual with handicaps shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subject to discrimination under this program. [Res. 161116A (11/16/16); Res. 170708E, 07/17/08; prior code § 6.01.400]

6.12.410 Applications.

(a) To be considered for eligibility for any assisted Tribal housing program, all interested applicants shall submit a completed application packet provided by the Puyallup Tribal Housing Department. Incomplete applications will not be considered.

(b) Applications shall be considered “first submitted – first served” basis, except as otherwise provided by Housing Department policies.

(c) An application form shall be designed by the Housing Department to gather enough information to allow a full assessment of the family’s eligibility, consistent with federal and Tribal requirements that apply at the time of submission. The application shall include at least the following information:

(1) Applicant family’s annual income;

(2) Tribal affiliation, if any;

(3) The names, ages and Social Security numbers for all family members living in the applicant’s household;

(4) Documentation of preference eligibility; and

(5) Credit, use, and maintenance history.

(d) For each applicant, the Housing Department shall establish a file containing all relevant information.

(e) Applicant information shall be verified as soon as possible after submission of an application. However, if there is a long waiting list, the Housing Department may do an initial assessment of a family’s eligibility and suitability at the time of application and wait to do a more complete evaluation until shortly before admission. [Res. 161116A (11/16/16); Res. 170708E, 07/17/08; prior code § 6.01.410]

6.12.420 Eligibility.

(a) The following eligibility requirements shall be met prior to an applicant being selected to participate in an assisted Tribal housing program:

(1) The family shall be an “Indian family” as defined by PTC 6.12.160.

(A) Non-Indian families may also be eligible to participate in assisted Tribal housing programs, but only if the following circumstances exist:

(i) There are no Indian applicants on the waiting list for the particular program the non-Indian family is seeking to participate in; and

(ii) The Housing Department has advertised for a minimum of 30 days to seek eligible Indian applicants from the community.

(B) A non-Indian family may be selected if the Housing Department determines that the presence of these families at the project is essential to the well being of Indian families and that the need for housing for the family cannot reasonably be met without assistance under this program.

(2) The applicant family’s annual income shall be at or below specific income limits established and approved by applicable federal law and regulations.

(A) Annual family income for admission will be determined by the Housing Department on the basis of a verification of income at the time of initial application, and again at the time an applicant is selected for occupancy in a specific unit.

(B) In cases where annual income is seasonal or sporadic, a three-year average of income may be used for the family member whose income cannot otherwise be determined.

(3) A home ownership applicant’s family income must be high enough to meet the family’s obligations in the homeownership program.

(4) The applicant family for a home ownership program must demonstrate an ability to maintain their present level of income.

(5) For a family to be eligible for admission to any Housing Department program, they must be willing and able to meet all obligations of the housing agreement for the program(s) for which they apply.

(6) All applicants shall have a satisfactory credit, use, and maintenance history as required by the applicable policies of the Housing Department.

(7) Applicant families must intend to use the home as their primary place of residence for at least nine months of the year.

(8) Applicants must be willing to sign a housing agreement containing provisions required by the Tribal and federal governments relating to payments, use and maintenance of the home.

(b) Applicants or any member of applicant’s household whose habits and practices may reasonably be expected to have a detrimental effect on other residents or on the housing project, as evidenced by a history of disturbing neighbors, destroying property, criminal activity (including but not limited to drug-related criminal activity or gang-related criminal activity) or living or housekeeping habits which would affect adversely the health, safety or welfare of other residents, shall not be eligible to participate in any Housing Department program. The Housing Department shall make this determination by considering the following:

(1) References from previous landlords;

(2) Criminal and/or arrest records (including but not limited to drug-related, gang-related or violent crimes);

(3) Judgments against the applicant in civil cases;

(4) Restraining and/or protective orders;

(5) Police reports involving the applicant; or

(6) Any other information that the Housing Department in its discretion determines may provide evidence of the detrimental habits and practices of the applicant.

(c) Participants in another Housing Department program may apply for other housing programs and have his/her name placed on the waiting list for those other programs. Prior to being allowed to execute a new agreement with the Housing Department, however, the applicant shall terminate the other assisted unit agreement and provide the Housing Department with verification that the prior agreement has been terminated.

(d) Applicants may be determined to be ineligible for one or more of the following:

(1) Failing to repay previous debts owed the former Housing Authority, the Housing Department, any housing authority of another tribe, or any other HUD program.

(2) Committing fraud in connection with any Tribal housing program, HUD program, or failing to disclose previously committed fraud in connection with any Tribal housing program or HUD program.

(3) Providing false information on the application.

(4) Noncooperation: refusing or failing to complete required forms or to supply requested information.

(5) Appearing on HUD’s List of Suspensions, Debarments, and Limited Denials of Participation.

(6) Having a history of abuse of units and/or neighbors, of selling illegal drugs or recent abuse of drugs or of criminal activity.

(7) Other historical actions or characteristics determined by the Housing Department to be inappropriate for participation in Housing Department programs.

(e) Notice of Ineligibility. Applicants who have applied for housing and who, for any reason, have been determined to be ineligible shall be notified in writing stating the reasons for their ineligibility. All information relative to the rejection of an applicant shall be documented and placed in the applicant’s file for future reference.

(f) Confidentiality. The Housing Department shall keep all applicant information confidential except as required to perform work-related functions. [Res. 161116A (11/16/16); Res. 170708E, 07/17/08; prior code § 6.01.420]

6.12.430 Verification and certification of income.

(a) The Housing Department shall verify and certify a family’s composition and income prior to approval for admission to the program. The Housing Department will verify and recertify the family’s income upon selection to ensure that the family is still eligible and to set the appropriate rent or homebuyer payment for that family.

(b) In order to verify and certify income for eligibility and/or payments, all adult family members living in the applicant’s household shall be required to provide the Housing Department with appropriate releases of information. Such releases of information shall only be used by the Housing Department for purposes of determining eligibility, ability to meet program obligations, and appropriate rental or homebuyer payment amounts. Each family shall furnish information about the amounts and sources of all household income and may be required to produce tax returns, paycheck stubs and any other evidence of income.

(c) The Housing Department will also verify and recertify each participant periodically. The purpose of periodic recertification of income is to establish the appropriate rental or homebuyer payment for the family based on their income and family composition. Notwithstanding the above provision, residents are required to report all changes in family composition, income and assets as they occur.

(d) If, in the period between recertifications, circumstances result in the family receiving substantially less or substantially more income than that projected at the time of the family’s previous recertification, an adjustment or interim recertification may be made. Adjustments will be made on a case by case basis and only after a thorough review of the household’s income is completed.

(e) Tenants and homebuyers shall be notified in writing of any change in rent or required payments as a result of recertification. Increases in rent or homebuyer payments shall be effective the first day of the second month following the notification of the change to the resident. Decreases in rent or homebuyer payments are effective on the first day of the month following notification of the change to the resident.

(f) Verification and certification procedures are as follows:

(1) All statements made by the applicant in the application that may affect the determination of eligibility or level of payments shall be subject to verification.

(2) The verification process shall assure accurate determinations of eligibility and payments while at the same time respecting the privacy of the applicant. [Res. 161116A (11/16/16); Res. 170708E, 07/17/08; prior code § 6.01.430]

6.12.440 Waiting lists.

(a) Each applicant determined to be eligible to participate in Tribal housing programs shall be notified and informed that his/her name will be placed on the waiting list for the program(s) they applied for and the size of unit for which they have qualified.

(b) General Provisions. The Housing Department shall establish policy provisions for creating and maintaining waiting lists.

(c) Tribal Member Preference. The Housing Department shall establish a Tribal member preference in its eligibility, admissions, and occupancy policy.

(d) Other Preferences. The Housing Department shall also establish preferences for families with one or more of the following situations (provided that the Tribal member preference shall take priority over all other preferences):

(1) Is paying more than 50 percent of adjusted income for housing;

(2) Is a veteran;

(3) Is being involuntary displaced;

(4) Has a bona fide housing emergency;

(5) Is an elderly family; and/or

(6) Is a family with one or more disabled members. [Res. 161116A (11/16/16); Res. 170708E, 07/17/08; prior code § 6.01.440]

6.12.450 Selection of applicants.

Applicants shall be selected according to the policies recommended by the Housing Department and adopted by the Tribal Council. [Res. 161116A (11/16/16); Res. 170708E, 07/17/08; prior code § 6.01.450]

6.12.460 Use of home.

(a) Program participants and the Housing Department are jointly responsible to the Tribe and future generations for ensuring that Tribally assisted homes are used properly and are well maintained, consistent with applicable program policies.

(b) It shall be the responsibility of each resident to keep the unit and grounds in a decent, safe and sanitary condition at all times.

(c) When the need for maintenance arises, program participants shall inform the Housing Department as provided in applicable program policies and the applicable program agreement(s) signed by participants.

(d) Instances of serious abuse or misuse of the home, or failure to provide basic routine or nonroutine maintenance as provided in the program policies and applicable program agreement(s), shall be sufficient cause for termination from the Tribally assisted housing program.

(e) Participants in Tribal assisted housing programs shall use their home as their principal residences during the term of the lease or lease/purchase agreement for at least nine months out of the year. Failure to use the home as the primary residence may disqualify a participating family from the program. [Res. 161116A (11/16/16); Res. 170708E, 07/17/08; prior code § 6.01.460]

Subchapter 5. Landlord/Tenant Responsibilities and Remedies

6.12.500 Rental agreements.

(a) Effect of Rental Agreements. The provisions of this Code, as well as the applicable laws identified in PTC 6.12.150, establish the minimum rights and responsibilities of landlords and tenants. Unless inconsistent therewith, rental agreements may supplement these minimum rights and responsibilities.

(b) Terms Prohibited in Rental Agreements. No rental agreement shall provide that the tenant agrees:

(1) To waive or forfeit his rights or remedies under this Code or any other applicable laws as identified in PTC 6.12.150;

(2) To exculpate or limit the liability of the landlord or to indemnify the landlord for that liability or the costs connected therewith;

(3) To permit the landlord to dispossess him without the right to resort to court order; or

(4) To pay a late charge prior to the expiration of the grace period set forth in PTC 6.12.600(a). A provision prohibited by this subsection shall be unenforceable.

(d) Payment of Rent. In the absence of definite terms in the rental agreement, rent is payable at the place and time, and in the amount dictated, by Housing Department policies. [Res. 161116A (11/16/16); Res. 170708E, 07/17/08; prior code § 6.01.500]

6.12.510 Policies, rules and regulations.

(a) The landlord may promulgate reasonable policies, rules and regulations regarding the use and occupancy of the dwelling unit.

(b) Such policies, rules, and regulations shall:

(1) Be promulgated for the purpose of promoting the convenience, safety or welfare of the tenants in the premises, preserving the landlord’s property from abusive use or make a fair distribution of services and facilities held out for all the tenants generally;

(2) Be reasonably related to the purpose for which they are adopted;

(3) Apply to all tenants in the premises in a fair manner;

(4) Be sufficiently explicit in their prohibition, direction or limitation of the tenant’s conduct to fairly inform him of what he shall or shall not do to comply; and

(5) Not be enforced against the tenant unless:

(A) The tenant had notice of the rules and regulations at the time he enters into the rental agreement, or

(B) If rules and regulations are promulgated after the tenant enters into a rental agreement, the tenant was given not less than 30 days’ notice prior to the adoption of such rules and regulations.

(c) Rules and regulations may be modified by the landlord provided such modifications are not in violation of this Code and are not otherwise contrary to law. Except for termination of tenancy in Tribal assisted housing programs, a change in the amount of rent may become effective upon completion of the term of the rental agreement or sooner upon mutual consent. [Res. 170708E, 07/17/08; prior code § 6.01.510]

6.12.520 Landlord responsibilities.

Except as otherwise fairly and reasonably provided in a rental agreement, Housing Department program agreement or a lease/purchase or other homebuyer agreement, each landlord subject to the provisions of this Code shall:

(a) Maintain the dwelling unit 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 damaged or otherwise rendered unfit or uninhabitable by the actions or omissions of tenant, members of tenant’s household, tenant’s guests, other persons under tenant’s control, or other persons present at tenant’s sufferance, in which case such duty shall be the responsibility of the tenant.

(d) Keep common areas clean, safe, and secure.

(e) Ensure tenant access to the dwelling unit.

(f) 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.

(g) Provide and maintain proper and appropriate receptacles and facilities for the disposal of ashes, garbage, rubbish, and other waste except where such services are the responsibility of the tenant or homeowner/lessor.

(h) 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.

(i) Guarantee the right of quiet enjoyment of the dwelling unit to the tenant and enforce policies regarding conduct of tenants, their guests, and other persons on the premises aimed at preventing nuisance, endangerment of public health and safety, breach of peace, or interference with the quiet enjoyment of tenants.

(j) Give sole possession of the dwelling unit to the tenant in accordance with the rental agreement and refrain from:

(1) Entering the unit, except as authorized in PTC 6.12.530(k);

(2) Making numerous, repeated demands for entry otherwise lawful under PTC 6.12.530(k), but which have the effect of unreasonably harassing the tenant;

(3) Sexually harassing or physically assaulting the tenant in or around his dwelling unit; or

(4) Locking the tenant out of his dwelling unit without the tenant’s consent.

(k) Disclose, in writing, the name, address, and telephone number of the person responsible for receiving rent, notices and demands under this Code, the person authorized to manage the dwelling unit, the owner of the premises or his agent, and the person responsible for making repairs, where they are required. [Res. 161116A (11/16/16); Res. 170708E, 07/17/08; prior code § 6.01.520]

6.12.530 Tenant responsibilities.

Except as otherwise fairly and reasonably provided in a rental agreement, Housing Department program agreement or lease/purchase or other homebuyer agreement, each tenant subject to the provisions of this Code shall:

(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 dwelling unit 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, members of tenant’s household, tenant’s guests, other persons under tenant’s control, or other persons present at tenant’s sufferance, or to repair such damages as required under the rental agreement, within 30 calendar days of such damage.

(g) Conduct himself, and require members of tenant’s household, tenant’s guests, other persons under tenant’s control, or other persons present at tenant’s sufferance to conduct themselves, in a manner which does not disturb the quiet enjoyment of others or cause a breach of the peace.

(h) Not give up the dwelling unit to others, assign a lease arrangement, or sublease the dwelling unit without the written or oral permission of the landlord.

(i) Use the dwelling unit only for residential purposes as agreed, and not to use the unit 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, especially, but not limited to, drug- and gang-related activity.

(j) Abide by all rules and regulations promulgated by the landlord in accordance with PTC 6.12.510.

(k) Provide the landlord access to the dwelling unit to perform maintenance and repairs, inspect the premises, supply necessary or agreed services, or show the dwelling unit to prospective buyers or tenants in accordance with the predetermined maintenance schedule established in program regulations or the lease agreement. The landlord shall request, in writing, access to the unit at reasonable times when the tenant is present, except 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. The tenant shall respond within 48 hours in writing or orally to the landlord’s request. If the tenant fails to respond to the landlord’s request within 48 hours, the landlord shall have the authority to enter the unit to perform functions described in the request. 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.

(l) Comply with the terms and provisions of the applicable rental agreement, and the policies, rules, and regulations of the landlord. [Res. 161116A (11/16/16); Res. 170708E, 07/17/08; prior code § 6.01.530]

6.12.540 Tenant remedies.

Where a landlord has not complied with this Code or the agreement of the parties, the tenant has the following rights:

(a) To give reasonable notice to the landlord to comply with his obligations, including the right to require repairs or maintenance which are the responsibility of the landlord.

(b) Should the landlord fail to comply with his duties within a reasonable period of time after receiving notice from the tenant, the tenant may make necessary repairs and take other necessary remedial action and deduct the direct and verifiable cost from the rent payment, or may terminate the agreement under which the tenant occupies the premises.

(c) To seek a court order or judgment for the payment of monies or costs, compliance with the agreements and obligations of landlords, terminate an agreement, pay damages, or any other relief to which he may be entitled by law or the agreement of the parties. [Res. 170708E, 07/17/08; prior code § 6.01.540]

6.12.550 Landlord remedies.

Where a tenant has not complied with this Code or the agreement of the parties, the landlord has the right to:

(a) Give reasonable notice to the tenant to comply with his obligations, including but not limited to payment of any monies due and owing under the agreement of the parties, or landlord has right to terminate the agreement under which the tenant occupies the premises, and demand that he and those with him 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 tenants, for termination of an agreement, payment of damages, eviction of tenants, or any other relief to which he may be entitled by law or the agreement of the parties. [Res. 170708E, 07/17/08; prior code § 6.01.550]

6.12.560 Abandoned dwelling units.

(a) A landlord may regain possession of a dwelling unit, in accordance with this section, where the tenant has vacated the unit without notice to the landlord and does not intend to return, which is evidenced by the removal by the tenant or his agent of substantially all of his possessions and personal effects from the premises and any one of the following situations:

(1) Nonpayment of rent for two or more months, or shorter periods provided in this Code;

(2) Terminated water or electrical utility service for more than one month;

(3) An express statement by the tenant that he does not intend to occupy the premises after a specified date;

(4) Incarceration of tenant for a period of more than one month, if there are no other members of tenant’s household and if tenant has not sought and obtained permission from the landlord to sublease the home during that period of time; or

(5) Occurrence of an emergency situation at the premises that could have been avoided by presence of tenant, including but not limited to water-, fire-, or weather-related damage.

(b) The landlord shall send notice to the tenant at his last known address by certified mail, return receipt requested, stating that:

(1) He has reason to believe that the occupant has abandoned the dwelling unit;

(2) He intends to reenter and take possession of the dwelling unit unless the occupant contacts him within 10 days of receipt of the notice;

(3) If the tenant does not contact him, he intends to remove any possessions and personal effects remaining in the premises and to rent the premises; and

(4) If the tenant does not reclaim such possessions and personal effects within 60 days after the notice, they will be disposed of in accordance with PTC 6.12.765. The notice shall be in clear and simple language and shall include a telephone number and a mailing address at which the landlord can be contacted.

(c) If the notice described in subsection (b) of this section is returned as undeliverable, or if the tenant fails to contact the landlord within 10 days of the receipt of said notice, the landlord may reenter and take possession of the dwelling unit, at which time any rental agreement in effect shall terminate.

(d) Notwithstanding any other provision of this Code, landlord may enter the premises immediately if there is an emergency situation in which landlord determines it is necessary to prevent damage or harm to the premises or to any neighboring persons or premises.

(e) The landlord need not comply with the procedures set forth in Subchapters 6 and 7 of this chapter to obtain possession of a dwelling unit if that dwelling unit has been abandoned.

(f) If the abandoned property is of cultural, religious, or ceremonial significance, the landlord shall have an affirmative duty to locate next of kin and/or contact the Tribe in order to return these items. [Res. 170708E, 07/17/08; prior code § 6.01.560]

Subchapter 6. Grounds for Eviction/Pre-Eviction Procedures and Options

6.12.600 Grounds for eviction.

A person may be evicted for:

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

(b) Any agreement in rent, costs, or damages which have been due and owing for 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.

(c) Nuisance, intentional or reckless damage, destruction, or injury to the property of the landlord or other tenants, or disturbing another tenant’s right to quiet enjoyment of a dwelling unit.

(d) Serious or repeated violations of the rental agreement, any reasonable rules or regulations adopted in accordance with PTC 6.12.200, or any applicable building or housing codes.

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

(f) Any conduct by tenant, members of tenant’s household, tenant’s guests, other persons under tenant’s control, or other persons present at tenant’s sufferance, whether on or off the premises, that:

(1) Is criminal activity, including but not limited to drug-related criminal activity and gang-related criminal activity (provided that a criminal conviction is not required to evict for criminal activity); or

(2) Threatens the health or safety of, or right to peaceful enjoyment of the premises by, other residents or employees of the owner or manager of the housing; or

(3) Threatens the health or safety of, or right to peaceful enjoyment of their premises by, persons residing in the immediate vicinity of the premises.

(g) Under other terms in the rental agreement which do not conflict with the provisions of this Code. [Res. 170708E, 07/17/08; prior code § 6.01.600]

6.12.610 Notice to comply or quit requirements.

(a) When Notice to Comply or Quit Is Required. When a landlord desires to obtain possession of a dwelling unit, and when there exists one or more legally cognizable reasons to evict the tenant or tenants occupying the unit as set forth in PTC 6.12.600, the landlord shall give notice to the adult tenants to comply with the housing agreement or quit possession of such dwelling unit according to the provisions of this subchapter.

(b) Purpose of Notice to Comply or Quit. The purpose of the notice to comply or quit is to provide advance notice to the tenant of a specific problem which needs to be addressed. It is also intended to induce the tenant to enter into discussions with the landlord in order to resolve the problem.

(c) Notwithstanding any other provision of this chapter, a landlord may terminate a rental agreement, lease/purchase agreement, or other homebuyer agreement without giving tenant an opportunity to cure the violation and come into compliance where the violation is a serious and/or repeated violation of the terms of such agreement, or if it involves criminal activity or activity which threatens the quiet enjoyment and/or safety and well being of other residents.

(d) Statement of Grounds for Eviction Required. The notice to comply or quit shall be addressed to the adult tenants of the dwelling unit and shall state the legally cognizable reason(s) for termination of the tenancy (described in PTC 6.12.600) and the date by which the tenant is required to comply with the housing agreement or quit possession of the dwelling unit.

(e) Form of Notice. The notice shall be in writing substantially in the following form:

I (or we) hereby give you notice that you are to comply with the housing agreement entered into on __Date_, or quit possession or occupancy of the dwelling unit now occupied by you at (here insert the address or other reasonable description of the location of the dwelling unit), on or before the (here insert the date) for the following reason (here insert the legally cognizable reason or reasons for the notice to quit possession using the statutory language or words of similar import). Signed, (here insert the signature, name and address of the landlord, as well as the date and place of signing).

Provided that if the violation is one for which landlord is not obligated to provide an opportunity for the tenant to come into compliance, as described in subsection (c) of this section, then the notice need only state the violation and the date that tenant must quit possession or occupancy, and need not give the tenant an opportunity to cure.

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

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

(2) No less than three calendar days prior to the date to comply or quit specified in the notice for criminal activity (including but not limited to drug-related and/or gang-related criminal activity), nuisance, serious injury to property, injury to persons, or threats to health, safety, or peaceful enjoyment of other premises by other residents or employees of landlord. In situations in which there is an emergency, such as a 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.

(3) No less than 14 calendar days in all other situations. [Res. 170708E, 07/17/08; prior code § 6.01.610]

6.12.620 Serving the notice to comply or quit.

All notices to comply or quit shall be in writing, and must be delivered to the tenant in the following manner:

(a) Delivery must be made by an adult person 18 years of age or older.

(b) Delivery will be effective when it is:

(1) Personally delivered to a tenant with a copy delivered by certified mail; or

(2) Personally delivered to an adult living in the premises with a copy delivered by certified mail; or

(3) Personally delivered to an adult agent or employee of the tenant with a copy delivered by certified mail.

(c) If the notice cannot be given by means of personal delivery, or tenant cannot be found, the notice may be delivered by means of:

(1) Certified mail, return receipt requested, at the last known address of the landlord or tenant; or

(2) 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) Proof of service shall be accomplished either by affidavit or other manner recognized by law. [Res. 170708E, 07/17/08; prior code § 6.01.620]

6.12.630 Pre-eviction options.

(a) Negotiated Settlement. After a notice to comply or quit is served upon a tenant, the landlord and tenant may engage in discussions to avoid a proceeding to evict or, if a proceeding has already been filed, to stay those proceedings, and to settle the issues between the parties. The agreement to enter into discussions will not affect the rights of the parties unless the parties reach an agreement to waive any of their rights;

(b) Stay of Proceedings. Where judicial eviction procedures have been initiated, the parties may jointly request a stay of such proceedings if both parties mutually agree in good faith and in writing to proceed with such discussions. Upon such request, the Court will stay such proceedings until it is notified by one or both parties that a hearing is required or that a settlement has been reached. The Court may enter such settlement agreement as an order of the Court if so requested by the parties;

(c) Settlement Options. In reaching an agreement, the parties may consider, but are not limited to, the following options:

(1) The parties may employ the use of advocates or attorneys;

(2) The parties may employ the use of a mediator or conciliator;

(3) The parties may agree to arbitrate the issues in binding arbitration;

(d) The parties may agree to options set forth in PTC 6.12.735 or any other option that is not contrary to law;

(e) The parties may agree to any other barter for services and goods, or to any other means of securing a fair exchange of value for the use of the dwelling;

(f) The parties may agree to dismiss the matter in exchange for any agreement reached;

(g) The parties may agree to stipulate to a judgment to be entered by the Court. [Res. 170708E, 07/17/08; prior code § 6.01.630]

Subchapter 7. Judicial Eviction Procedures

6.12.700 Summons and complaint.

(a) If a tenant has not quit possession of the dwelling unit by the date set forth in the notice to comply or quit, or if tenant has failed to comply with the requirements set forth in the notice to comply or quit (if any), the landlord may commence judicial eviction procedures by filing a complaint in the Tribal Court for eviction and such other relief as the Court may deem just and proper, in accordance with the requirements of the Tribe’s Civil Procedures Code and this Code.

(b) In addition to complying with the requirements of PTC 4.08.080, the complaint shall state:

(1) The names of the adult tenant(s) against whom the suit is brought;

(2) A description of the rental agreement, if any;

(3) The address or reasonable description of the location of the premises;

(4) The grounds for eviction;

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

(6) A statement of the relief demanded, including any claim(s) for possession of the dwelling unit, damages, fees, costs, or other special relief; and

(7) If the landlord is the Housing Department, a statement that the Housing Department has complied with its applicable policies prior to filing the eviction action.

(c) When a complaint is filed, the Court Clerk shall issue a summons requiring the opposing party to appear at a preliminary hearing within 10 days to respond to the complaint. The summons shall give notice that failure to respond may result in a default judgment being entered against the opposing party. [Res. 161116A (11/16/16); Res. 170708E, 07/17/08; prior code § 6.01.700]

6.12.705 Service of process.

The summons and a copy of the complaint shall be performed according to the procedures set forth for service of a notice to comply or quit in PTC 6.12.620. [Res. 170708E, 07/17/08; prior code § 6.01.705]

6.12.710 Setting the matter for trial.

(a) If the tenant appears before the Court at the preliminary hearing, either in person or in writing to contest the complaint, the Court shall set a trial date. Where a defendant appears via a written response, such response shall state any defenses or factual disputes. Where any defendant appears in person, a written response shall be served upon the plaintiff in the manner provided in the Tribe’s Civil Procedures Code within five calendar days of the preliminary hearing, excluding weekends and holidays.

(b) The Court shall set a trial date which is no more than 15 calendar days following the date for appearance at the preliminary hearing, except when the trial date would fall on a weekend or holiday, and in such a situation on the first regular Court day following that date.

(c) A defendant may, for good cause shown, and upon the payment of a reasonable sum for the fair rental value of the premises between the date on which the complaint was filed and the date of trial, obtain an extension of time beyond the 15-day period. The Court may refuse to extend the date of trial where the complaint is based upon nuisance or injuries provided in PTC 6.12.600(c), and the Court shall not extend the date of the trial where the complaint is based upon conduct which is alleged to constitute criminal activity (including but not limited to drug-related and gang-related criminal activity), ongoing damage to the dwelling unit, a serious danger to public health, safety, or peace, or other emergency situation.

(d) The Court may in its discretion or 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. [Res. 170708E, 07/17/08; prior code § 6.01.710]

6.12.715 Defenses.

The Court shall grant the remedies allowed in this Code, 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, that they constitute a real and serious hazard to human health and safety and not a mere inconvenience.

(b) The landlord has failed, without good cause, or refused to make repairs which are his 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 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 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 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) The landlord terminated the tenancy in retaliation for the tenant’s attempt to secure his rights under this Code or to force the landlord to comply with his duties under this Code.

(h) Any other material or relevant fact the tenant might present that may explain why his eviction is contrary to law. [Res. 170708E, 07/17/08; prior code § 6.01.715]

6.12.720 Discovery and pre-trial proceedings.

Extensive, prolonged, or time consuming discovery and pre-trial proceedings will not be permitted, except in the interests of justice and for good cause shown by the moving party. Discovery shall be informal, and reasonably provided on demand of a party, and it shall be completed within five calendar days of the date of trial. Requests for discovery shall be made no later than three calendar days following the setting of a trial date. The Court may enter reasonable orders requiring discovery or protecting the rights of the parties upon reasonable notice. [Res. 170708E, 07/17/08; prior code § 6.01.720]

6.12.725 Evidence.

Evidence in proceedings under this Code shall be handled in accordance with PTC 4.08.220. [Res. 170708E, 07/17/08; prior code § 6.01.725]

6.12.730 Burden of proof.

The burden of proof in all proceedings under this Code shall be preponderance of the evidence. A party shall be considered to have met the burden of proof if most of the evidence presented tends to prove that party’s claim. [Res. 170708E, 07/17/08; prior code § 6.01.730]

6.12.735 Judgment.

(a) Within five calendar days of the date of the trial, the Court shall issue a judgment in accordance with PTC 4.08.240 and the judgment shall grant all relief that the parties are entitled to as of the date of the judgment. The judgment may:

(1) Order the immediate eviction of a tenant and delivery of the premises to the landlord;

(2) Grant actual damages as provided in the housing agreement of the parties or this Code, including interest;

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

(4) Establish a payment plan for the tenant if previous repayment agreements/negotiated settlements (as described in PTC 6.12.630(a)) have been effective/complied with;

(5) Order rent payments through garnishment in accordance with PTC 4.08.280;

(6) Order the parties into negotiations as provided in PTC 6.12.630(a); or

(7) Grant any other relief provided in this Code or allowed in law or equity.

(b) If a tenant fails to appear in person on the date set for the trial, the Court shall enter judgment on behalf of the plaintiff following a hearing to determine whether relief should be granted and the kind of relief that should be granted. [Res. 170708E, 07/17/08; prior code § 6.01.735]

6.12.740 Execution of eviction order/judgment.

(a) An eviction order may be executed by a duly authorized law enforcement officer or officer of the Court, appointed by the Court for such a purpose. To execute the order, the officer shall:

(1) Remove all the evicted persons from the dwelling and verbally order them not to re-enter;

(2) Provide a copy of the order of eviction to all adult tenants;

(3) Post copies of the order of eviction on the doors of the premises if there is not any adult tenant present at the time of execution; and

(4) Supervise the removal of the possessions of the evicted persons.

(b) A law enforcement officer shall, upon receipt of an order of the Court, execute the judgment or order within 72 hours of the date and time of the judgment or order, unless the judgment or order provides for a shorter time frame, and make a report to the Court on what was done to enforce it. [Res. 170708E, 07/17/08; prior code § 6.01.740]

6.12.745 Stay of execution.

If judgment for possession of the dwelling unit enters in favor of the landlord, the tenant may apply for a stay of execution of the judgment or order if all four of the following conditions are established by clear and convincing evidence within five days of the judgment being rendered:

(a) Good and reasonable grounds affecting the well being of the party are stated; and

(b) There would be no substantial prejudice or injury to the prevailing party during the period of the stay; and

(d) A bond is posted or monies are paid to the Court, to satisfy the judgment or payment for the reasonable use and occupancy of the premises during the period of time following the judgment. No stay may exceed one month in the aggregate. The Clerk shall distribute such arrearages to the landlord in accordance to any order of the Court. [Res. 170708E, 07/17/08; prior code § 6.01.745]

6.12.750 Appeals.

Appeals under this Code shall be handled according to the general Tribal appellate provisions, with the exception that the party taking the appeal shall have only five days from the entry of the order of judgment to file an appeal. All orders from the Court will remain in effect during the pendency of an appeal under this Code unless otherwise ordered by the Court. [Res. 170708E, 07/17/08; prior code § 6.01.750]

6.12.755 Miscellaneous complaints and claims.

Any miscellaneous complaint or claim including a complaint or claim by a tenant which does not fall within the procedures of this Code may be made under the general Tribal Civil Procedure Code and/or Tribal Small Claims Procedure Code. [Res. 170708E, 07/17/08; prior code § 6.01.755]

6.12.760 Order to leave the premises.

If judgment for possession of the dwelling unit enters in favor of the landlord, the Court shall immediately issue a written order to leave the premises.

(a) Delivery of the order to leave shall be made by:

(1) A law enforcement officer of the Tribe or an agency of the United States government; or

(2) Any person authorized by the Tribal Court.

(b) Delivery will be effective when it is:

(1) Personally delivered to a tenant with a copy delivered by mail; or

(2) Personally delivered to an adult living in the premises with a copy delivered by mail; or

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

(c) If the order cannot be given by means of personal delivery, or tenant cannot be found, the order may be delivered by means of:

(1) Certified mail, return receipt requested, at the last known address of the landlord or tenant; or

(2) Securely taping a copy of the order 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 order 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. [Res. 170708E, 07/17/08; prior code § 6.01.760]

6.12.765 Forcible eviction.

(a) 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 that order, the defendant or other occupants may be forcibly removed from the premises by a Tribal Law Enforcement Officer. At the hearing where the eviction is ordered, the Court will inform the defendant that if he does not vacate the premises voluntarily by the effective date, he 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 (c) of this section.

(b) Following eviction, the Court may allow the landlord, the Tribal Housing Division or the United States government access to any property leased by either of them for purposes of preserving and securing it.

(c) 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 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 30 days, the owner is authorized to sell the property in order to recover these costs. The landlord shall not condition return of the former occupant’s personal property on the payment of any costs or fees other than those of removal and storage of those personal possessions. Should the landlord attempt to condition return of personal possessions on payment of any other cost or fee, the landlord shall forfeit his right to the costs of removal and storage. 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. If the abandoned property is of cultural, religious, or ceremonial significance, the landlord shall have an affirmative duty to locate next of kin and/or contact the Tribe in order to return these items. [Res. 170708E, 07/17/08; prior code § 6.01.765]

6.12.770 No self-help eviction.

No landlord may compel a tenant to vacate any premises in a forceful fashion or way which causes a breach of the peace. All landlords shall give a notice to comply or quit and obtain a court order as provided in this Code. [Res. 170708E, 07/17/08; prior code § 6.01.770]

6.12.775 Security deposits.

(a) Security Deposit Limits. A landlord may demand a security deposit of an amount equal to $100.00 or one month’s periodic rent, whichever is greater, which may be in addition to the current month’s rent. Additional security deposits may be allowed for special circumstances such as animals or pets or tenant history or prior damages.

(b) 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 within a reasonable period of time 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 unpaid rents or 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 of such tenant’s failure to comply with such tenant’s obligations. Damages shall not include normal wear and tear.

(c) Action to Reclaim Security Deposit. Any tenant may bring a civil action in Tribal Court to reclaim any part of his security deposit which may be due. [Res. 170708E, 07/17/08; prior code § 6.01.775]

Subchapter 8. Mortgage and Foreclosure

6.12.800 Priority.

All mortgages recorded in accordance with the recording procedures set forth in this chapter, including leasehold mortgages, and including 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 excepting a lien or claim arising from a Tribal leasehold tax assessed after the recording of the mortgage. [Res. 170708E, 07/17/08; prior code § 6.01.800]

6.12.805 Recording.

Until the position and office of the Recording Clerk is established, all land records, mortgages and deeds shall be recorded in the manner heretofore used by the Tribe. Upon establishment of the Recording Clerk office, the following procedures shall be used:

(a) The Tribal Recording Clerk shall maintain in the Tribal Real Estate Program a system for the recording of mortgages and such other documents as the Tribe may designate by laws or resolution.

(b) The Tribal Recording Clerk shall endorse upon any mortgage or other document received for recording:

(1) The date and time of receipt of the mortgage or other document;

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

(3) The name of the Tribal Recording Clerk or designee receiving the mortgage or document.

(c) Upon completion of the above cited endorsements, the Puyallup Tribal Designated Recording Clerk shall make a true and correct copy of the mortgage or other document and shall certify the copy as follows:

Puyallup Indian Tribe ) )Ss.

I certify that this is a true and correct copy of a document received for recording this date.

Given under my hand and seal this __________ day of _____________________.

(SEAL) _____________________________
(Signature)

_____________________________
(Date)

The Puyallup Indian Tribal Recording Clerk shall maintain the copy in the records of the recording system and shall return the original of the mortgage or other document to the person or entity that presented the same for recording.

(d) The Tribal Recording Clerk shall also maintain a log of each mortgage or other document recorded in which there shall be entered:

(1) The name(s) of the borrower/mortgagor of each mortgage, identified as such;

(2) The name(s) of the lender/mortgagee of each mortgage, identified as such;

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

(4) The date and time of the receipt;

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

(6) The name of the Tribal Recording Clerk or designee receiving the mortgage or document.

(e) The certified copies of the mortgages and other documents and the log maintained by the Tribal Recording Clerk shall be made available for public inspection and copying. Rules for copying shall be established and designated by the Tribal Recording Clerk. [Res. 170708E, 07/17/08; prior code § 6.01.805]

6.12.810 Foreclosure procedures.

(a) A borrower/mortgagor shall be considered to be in default when he is 30 days past due on his mortgage payment(s) to the lender/mortgagee or when he has been in breach of any other material mortgage provision for at least 30 days.

(b) Before a borrower/mortgagor becomes 90 days delinquent on his mortgage payments and before any foreclosure action or activity is initiated, the lender/mortgagee shall complete the following:

(1) Make a reasonable effort to arrange a face-to-face interview with the borrower/mortgagor. This shall include at least one trip to meet with the borrower/mortgagor at the mortgaged property.

(2) Lender/mortgagee shall document that it has made at least one phone call to the borrower/mortgagor (or the nearest phone, as designated by the borrower/mortgagor, able to receive and relay messages to the borrower/mortgagor) for the purpose of trying to arrange a face-to-face interview.

(c) Lender/mortgagee may appoint an agent to perform the services or arranging and conducting the face-to-face interview specified in this action.

(d) Before the borrower/mortgagor has been delinquent for 90 days and at least 10 days before initiating a foreclosure action in Tribal Court, the lender shall advise the borrower/mortgagor in writing by mail or by posting prominently on the unit, with a copy provided to the Tribe, as follows:

(1) Advise the borrower/mortgagor that information regarding the loan and default will be given to credit bureaus.

(2) Advise the borrower/mortgagor of homeownership counseling opportunities/programs available through the lender or otherwise.

(3) Advise the borrower/mortgagor of other available assistance regarding the mortgage/default.

(e) In addition to the preceding notification requirements, the lender/mortgagee shall complete the following additional notice requirements when a leasehold mortgage is involved:

(1) Notify the borrower/mortgagor that if the leasehold mortgage remains in default for more than 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;

(2) 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

(3) Provide the borrower/mortgagor with names and address of government officials to whom further communications may be addressed, if any.

(f) If a borrower/mortgagor has been delinquent for 90 days or more and the lender\mortgagee has complied with the procedures set forth in the subsections (a) through (e) of this section, the lender\mortgagee may commence a foreclosure proceeding in the Tribal Court by filing a verified complaint as set forth in PTC 6.12.815. [Res. 170708E, 07/17/08; prior code § 6.01.810]

6.12.815 Foreclosure complaint and summons.

(a) The verified complaint in a mortgage foreclosure proceeding shall contain the following:

(1) 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;

(2) A description of the property subject to the mortgage;

(3) 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;

(4) 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; and

(5) Any applicable allegations concerning relevant requirements and conditions prescribed in:

(A) Federal statutes and regulations;

(B) Tribal codes, ordinances and regulations; and/or

(b) The complaint shall be filed with the Puyallup Tribal Court and, in accordance with PTC 6.12.700(c), a summons shall be issued specifying a date and time of appearance for the defendant(s). [Res. 170708E, 07/17/08; prior code § 6.01.815]

6.12.820 Service of process and procedures.

(a) Service of process shall be performed according to the procedures set forth for service of a notice to comply or quit in PTC 6.12.620.

(b) Parties to the matter shall include the creditor, debtor, and all subordinate lienholders. For a leasehold agreement, additional parties shall include the Tribe and the United States.

(d) Defendants shall have 20 days to file an answer, counterclaim, and/or affirmative defenses.

(e) Evidence shall be admitted according to PTC 6.12.725.

(f) The burden of proof shall be in accordance with PTC 6.12.730.

(g) Other procedural issues shall be determined under the generally applicable civil procedures of the Tribe. [Res. 170708E, 07/17/08; prior code § 6.01.820]

6.12.825 Cure of default by borrower/mortgagor or subordinate lienholder.

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 foreclosure proceeding. [Res. 170708E, 07/17/08; prior code § 6.01.825]

6.12.830 Judgment and remedy.

(a) Matters involving foreclosure actions shall be heard and decided by the Tribal Court in a prompt and reasonable time period not to exceed 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 foreclosing the interest of the borrower\mortgagor and each other defendant, including subordinate lienholder, in the mortgage, transferring the mortgage to the lender\mortgagee or the lender’s designated assignee and ordering the sale of the foreclosed property. Said sale shall be executed by a duly authorized law enforcement officer or officer of the Court, appointed by the Court for such a purpose in the manner specified in this Code or applicable law.

(b) 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:

(1) 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.

(2) The lender or lender’s designated assignee may only transfer, sell or assign the lease and/or leasehold mortgage to a Tribal member or to the Tribe.

(3) Any other transfer, sale or assignment of the lease or leasehold mortgage shall only be made to a Tribal member or to the Tribe during the remaining period of the leasehold. [Res. 161116A (11/16/16); Res. 170708E, 07/17/08; prior code § 6.01.830]

6.12.835 Foreclosure evictions.

Foreclosure evictions shall be handled according to the general eviction process set forth in Subchapter 6 of this chapter, with the added provision that foreclosure eviction proceedings shall not occur until after the borrower/mortgagor, lessee, or occupier has received 30 calendar days’ notice, and remains in possession of the property contrary to the terms of the notice. All foreclosure evictions shall occur no later than 60 days from the date of service of notice upon the borrower/mortgagor that foreclosure was completed. [Res. 170708E, 07/17/08; prior code § 6.01.835]

6.12.840 No merger of estates.

There shall be no merger of estates by reason of the execution of a lease or a leasehold mortgage or the assignment or assumption of the same, including an assignment adjudged by the Tribal Court, or by operation of law, except as such merger may arise upon satisfaction of the leasehold mortgage. [Res. 170708E, 07/17/08; prior code § 6.01.840]

6.12.845 Certified mailing to Tribe and lessor.

In any foreclosure proceedings on a lease or leasehold mortgage where the Tribe or the lessor(s) is not named as a defendant, a copy of the summons and complaint shall be mailed to the Tribe and to the lessor(s) by certified mail, return receipt requested, within five days after the issuance of the summons. If the location of the lessor(s) cannot be ascertained after reasonable inquiry, a copy of the summons and complaint shall be mailed to the lessor(s) in care of the superintendent of the applicable agency of the Bureau of Indian Affairs. [Res. 170708E, 07/17/08; prior code § 6.01.845]

6.12.850 Intervention.

The Tribe or any lessor may petition the Tribal Court to intervene in any lease or leasehold mortgage foreclosure proceeding under this Code. Neither the filing of a petition for intervention by the Tribe, nor the granting of such a petition by the Tribal Court, shall operate as a waiver of the sovereign immunity of the Tribe, except as may be expressly authorized by the Tribe. [Res. 170708E, 07/17/08; prior code § 6.01.850]

6.12.855 Appeals.

Appeals under this subchapter shall be handled in accordance with PTC 4.16.010 through 4.16.470. [Res. 170708E, 07/17/08; prior code § 6.01.855]

Subchapter 9. Miscellaneous Provisions

6.12.900 Effective date.

This Code shall take effect on July 17, 2008. [Res. 170708E, 07/17/08; prior code § 6.01.900]

6.12.905 Retroactive effect.

This Code shall apply to all rental agreements subject to the provisions of the Code, no matter when entered. [Res. 170708E, 07/17/08; prior code § 6.01.905]