It is the policy of the Tribe that all residential lot leases
are intended for homestead purposes.
A.
Rental housing. The Tribal Council may, and in accordance with applicable
legal requirements prescribed by any federal agency, permit a tenant
who is not in default under his/her rental housing agreement to lease
the lot on which his/her rental house is located for the purpose of
purchasing the rental house and other improvements on that lot.
B.
Notice of available lots. In other cases, the Tribal Council will
designate the lots it will make available for leasing to tribal members
for residences. The lots designated for leasing to tribal members
must be surveyed so that legal descriptions of those lots can be prepared.
A list of lots available for lease shall be published in the tribal
newsletter and posted at tribal government buildings not less than
thirty (30) days before applications for lot leases will be accepted.
C.
Financing options; form of lease. Lots leased upon tribal trust lands
cannot be encumbered. Before entering into a lot lease, the tribal
member shall determine whether or not he will utilize his own financial
resources to build on the lot or if he will seek private or public
financing. Mortgage financing for construction on tribal trust land
or purchase of a house built on tribal trust land is available through
several federal programs that offer private lenders' mortgage
insurance or guaranty.
D.
Form of lease. All leases or assignments of lots to tribal members
for residences shall include terms defining the rights and responsibilities
of the lessee and lessor regarding the following:
(1)
Legal description of the leased premises;
(2)
Use of the leased premises as the lessee's principal residence;
(3)
Term of the lease, which may not exceed twenty-five (25) years, with
an option to renew for an additional twenty-five-year term;
(4)
Ownership of improvements and rights of the lessee upon termination
or expiration of the lease;
(5)
Maintenance of the leased premises;
(6)
Right to assign or sublease the premises;
(7)
Rights of the spouse or heirs of lessee upon his/her death or relinquishment
of enrollment;
(8)
Breach and termination of the lease;
(9)
Options to renew; and
(10)
If the tribal member chooses to seek private or public financing
with federal mortgage insurance or guaranty, the form of the lease
must conform to a form approved by the Bureau of Indian Affairs and/or
the federal agency providing the insurance or guaranty.
Applicants requesting permission to lease a lot on tribal trust
lands must be tribal members and declare their intent to use the lot
to build a home as their primary residence.
A tribal member requesting a leasehold estate for a specific
lot must submit a written application to the Housing Department in
the form issued and approved by the Tribal Council. The written request
should include the following information:
A.
Applicant's demonstrated ability to arrange necessary financing
to build a residence meeting applicable building codes and standards.
B.
Applicant is not in default or delinquency of any debt to the Tribe
or any of its subdivisions or instrumentalities.
C.
Sufficient personal identifying information regarding the applicant
and household members to permit the Housing Department to determine
that neither the applicant or other proposed household members have
a criminal record of felonies related to sexual crimes or criminal
sexual conduct, where the perpetrator was an adult at the time the
crime was committed, and/or are not registered in any jurisdiction's
list of sexual offenders.
D.
Identification of the lot or lots the applicant would like to lease.
A.
Screening requirement. Prior to approving an applicant's request
for a lot lease, the Housing Department shall conduct a screening
process of each applicant and adult household member regarding his
criminal background, to determine eligibility and/or suitability for
admission. The screening process shall include a review of pertinent
factors, including criminal convictions, particularly focusing on
drug-related activities, physically violent crimes, sexual crimes,
or other criminal acts that may endanger the health, safety or right
to peaceful enjoyment of other residents. The Housing Department may
request information from law enforcement agencies and the National
Crime Information Center and may have an outside agency perform the
background investigation. The Housing Department may allow the applicant
to amend his application to eliminate any household members whose
criminal background would otherwise preclude approval of the person's
application, if the applicant can provide assurance that the ineligible
person can be excluded from the household. The Housing Department
shall maintain files in accordance with the Department's criminal
record file maintenance procedures.
B.
Automatic exclusion. An applicant shall be automatically ineligible
for admission if the applicant or any household member has a criminal
record of felonies related to sexual crimes or criminal sexual conduct
where the perpetrator was an adult at the time the crime was committed
and/or is registered in any jurisdiction's list of sexual offenders.
C.
Discretionary exclusion. The Housing Department shall determine whether
to deny an applicant admission to the leasehold program if he or any
household member listed on the application has been convicted of or
entered a plea of guilty or no contest to a misdemeanor or felony
offense, including but not limited to the following:
(1)
Any offense related to sexual crimes or criminal sexual conduct where
the perpetrator was an adult at the time the crime was committed and/or
is registered in any jurisdiction's list of sexual offenders;
(2)
Any offense involving the sale of any controlled substance included
on Schedules 1 through 5 of MCLA §§ 333.7211 to 333.7220,
or the equivalent, within the past seven (7) years;
(3)
Any offense involving violent behavior, including murder, assault
with intent to do bodily harm; home invasion; or felony stalking.
D.
Report of criminal background. In making a decision to exclude, the
Housing Department shall complete a report that takes into account
the following factors and considerations:
(1)
Whether the offense was a felony or misdemeanor.
(2)
Dates of convictions.
(3)
Number of similar convictions.
(4)
Likelihood of recidivism that will take into account factors such
as counseling and substance abuse programs.
(5)
Convictions that impact the health, safety and right to peaceful
enjoyment of other tenants.
If one household member is determined to be ineligible or unsuitable, the application is rejected in its entirety. If an applicant or household member is determined ineligible under § 9.3-9, a written notice of the determination and the grounds for the determination shall promptly be sent to the applicant. The notice shall advise the applicant(s) of the right to appeal to the Tribal Court. The request for appeal must be submitted within fifteen (15) calendar days of the date the notice was mailed. The Tribal Court shall hold a hearing within fourteen (14) days of the request. After the hearing, the Tribal Court shall provide a written decision within ten (10) days, which shall include the findings of facts and decisions. The decision of the Tribal Court shall be final and may not be appealed to the Tribal Supreme Court.
The Housing Department shall rank applicants for a lot assignment
by the following criteria to present for determination and approval
by the Tribal Council.
A.
Applicant's request should specify the lot number requested
and shall identify all household members. The Housing Department,
upon receiving such request, shall post the request on the Tribal
Council's Internet site and physically at the Administration
Building on the Pine Creek Reservation and Northern Office by presenting
such notice to the main receptionist or other person responsible for
posting notices for the building or office. The posting shall include
the applicant's name and the names of all household members.
The Housing Department is mandated to personally notify any subsequent
applicant who, within the posting period, files a request for the
lot number covered in the notice. The posting period shall be twenty
(20) days. Upon the expiration of the posting period, the Housing
Department shall issue a certification that the posting period has
expired and that no additional applications regarding the same lot
were received during such posting period. The Housing Department will
not accept a request filed by an applicant who currently holds a lease
on another lot upon tribal trust lands.
B.
If no additional applicants request the same lot, the Housing Department
will issue a recommendation to the Tribal Council to approve the requested
lot and continue with the lease process.
C.
If during the posting period a new applicant requests the same lot,
the Housing Department should submit a copy of the new applicant's
request to the Tribal Council for a final decision as to who will
be granted a lease for the lot in question.
D.
When determining which applicant will be approved to lease a disputed
lot, the Tribal Council shall take into consideration the following
factors:
(1)
Readiness to complete the mortgage application. The applicant who
is more prepared to successfully complete the mortgage or financing
procedure in a shorter period of time should be awarded the lot over
the applicant who is at the early stages of the process. An applicant
who has obtained a mortgage or financing preapproval from a lender
will be considered to be more prepared than someone who has not yet
obtained such preapproval. This factor will be assigned 50% weight
overall.
(2)
The applicant, who at the time of the request does not own a house,
will be given preference over the one who at such time owns a home.
This factor will be assigned 20% weight overall.
(3)
The applicant's household that has the larger number of tribal
members would be given preference. This factor will be assigned 30%
weight overall.
(4)
If after applying the criteria above there are still two or more
applicants in equal eligibility standing, the Tribal Council will
decide through a blind draw administered by the Tribal Council who
will get the lot in question.
E.
If any of the applicants involved in the dispute are related by blood
or marriage to any Tribal Council member, that Council member should
abstain from the discussion and vote on the adjudication. If no dispute
regarding a lot request arises, a Council member who may be related
by blood or marriage to the applicant is under the obligation to disclose
the relationship and let the Tribal Council decide whether or not
he can participate in the final decision or should abstain from any
discussion.
