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.