Chapter 6.05 HOUSING

“Action, suit or lawsuit, claim, complaint or defense”

shall include any dispute between persons or entities which relates to the sale, rental, use, lease or occupancy of any housing, dwelling, premises or accommodation for human occupancy, including claims for the payment of monies for such housing, dwellings, premises or accommodations, damages to such units, condition of such units or the relationships between owners and occupants of such units, including the right to occupy them.

“Adult person”

is any person 18 years of age or older.

“Board”

means the Board of Directors of the Tulalip Tribes.

“Borrower/mortgagor”

is the Tribes, the Department or any Tribal member(s), or any heir(s), successor(s), executor(s), administrator(s), or assign(s) of the Tribes or such Tribal member(s) or non-Tribal member spouse of such Tribal member(s) who has executed a mortgage or leasehold mortgage as defined in this chapter.

“Building”

is a structure, and any appurtenances or additions thereto, designed for habitation, shelter, storage and the like.

“Building or housing codes”

are any laws, ordinances or governmental regulations of the Tribes which deal with fitness for habitation, health conditions or the safety, construction, maintenance, operation, occupancy, use or appearance of any dwelling unit or premises, or any applicable law or regulation of the Federal government.

“Department”

means the Tulalip Tribal Housing Department.

“Dwelling unit”

is a house or building or portion thereof which is rented or leased as a home or residence by any person. With respect to tenancies involving the rental of space for a residential structure, but not the rental of the residential structure itself, “dwelling unit” does not include the residential structure.

“Housing project” or “project”

“Federal government”

includes the United States of America, the Department of Housing and Urban Development and any other agency or instrumentality, corporate or otherwise, of the United States of America.

(10)

“Group”

means the monitoring group of the Housing Department.

(11)

“Guest”

is any person, other than the tenant, in or around a dwelling unit or on the premises with the permission and consent of the tenant.

(12)

“Homebuyer”

means a person(s) who has executed a lease-purchase or purchase agreement for a home, but who has not yet achieved home-ownership.

(13)

“Housing Plan” or “plan”

means the Indian Housing Plan, or IHP, including housing goals, objectives, and strategies, developed by the Housing Department together with the Board of Directors.

(14)

means any work or undertaking to provide or assist in providing (by any suitable method, including, but not limited to, rental, sale of individual units in single- or multifamily structures under conventional, condominium, cooperative sales contracts or lease-purchase agreements, loans or subsidizing of rentals or charges) decent, safe and sanitary dwellings, apartments and other living accommodations. Such work or undertakings may include buildings, lands, leaseholds, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances for streets, sewers, water services, utilities, parks, site preparation or landscaping, and for administrative, community, health, recreational, welfare or other purposes. The term “housing project” or “project” also may be applied to the planning of the buildings and improvements, the acquisition of property or any interest therein, the demolition of existing structures, the construction, reconstruction, rehabilitation, alteration, or repair of the improvements or other property and all other work in connection therewith, and the term shall include all tangible or intangible assets held or used in connection with the housing project.

(15)

“Indian Country,” the “territorial jurisdiction” or the “jurisdiction”

of the Tribes shall include all lands owned by, held in trust for, leased, occupied or otherwise controlled by the Tribes, as well as any such ownership or use by an entity of the Tribes. Those terms shall include any and all areas which may constitute the “Indian Country” of the Tribes under applicable provisions of its laws or the laws of the United States.

(16)

“Landlord”

can be the Tribes, the Department, a person, a corporation, an entity or the Federal government which is the owner, lessor or sublessor of a dwelling unit, or premises, intended for the use of tenants.

(17)

“Lease or rental agreement”

is a written agreement, including any written rules and regulations adopted by the Housing Department containing the terms and conditions of the use and occupancy of real property, dwelling units, buildings or premises, including a lease-to-purchase agreement.

(18)

“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 or any agreement entered between a borrower/mortgagor and a lender/mortgagee.

(19)

Lender Designated Assignee.

Any lender as defined in this chapter may assign or transfer its interest in a mortgage or lease and/or leasehold mortgage to a designated assignee. If the mortgage or lease and/or leasehold mortgage falls under a Federal agency homebuyer program or a Federal agency loan guarantee program, the lender must seek written approval from the Tribes of a proposed designated assignee anytime prior to such assignment, transfer or assumption, except where the Federal government guaranteeing or insuring the mortgage or leasehold mortgage acts as a lender designated assignee.

(20)

“Lender/mortgagee”

is any private lending institution primarily established to loan funds, guaranty or insure loans to a borrower for construction, acquisition or renovation of a home, and not to invest in or purchase properties, the Tribes, the Department or the Federal government. It is also any lender’s designated assignee(s) or successor(s) of such lender/mortgagee.

(21)

“Lessee”

is a tenant of a dwelling unit or premises, user and/or occupier of real property, owner, or a homebuyer under any mortgage program. The lessee may, for purposes of Federal home mortgage programs, be the Department.

(22)

“Lessor”

is the legal, beneficial or equitable owner of property under a lease. Lessor may also include those persons who under this chapter qualify as the heir(s), successor(s), executor(s), administrator(s) or assign(s) of the lessor.

(23)

“Notice to quit”

is a notice from the Department to a tenant terminating a lease or rental agreement and demanding that the tenant and those with him/her leave the premises.

(24)

“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.

(25)

“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.

(26)

“Nuisance”

is the maintenance or allowance on real property of a condition which unreasonably threatens the health or safety of the public, or deprives neighboring property users of the reasonable use, enjoyment and occupancy of their property.

(27)

“Obligations”

means any notes, bonds, interim certificates, debentures or other forms of obligation issued by the Department pursuant to this chapter.

(28)

“Obligee”

includes any holder of an obligation, agent or trustee for any holder of an obligation or lessor demising to the property used in connection with a project, or any assignee or assignees of such lessor’s interest, or any part thereof, or the Federal government when it is a party to any contract with respect to a housing project.

(29)

“Owner”

is any person or entity jointly or individually having legal title to all or part of land or a residential structure, including the legal right to own, manage, use or control a residential structure under a mortgage, long-term lease or other security arrangement.

(30)

“Person”

includes the Tribes, the Department, an individual or organization and, where the meaning of a portion of this chapter requires, a public agency, corporation, partnership or other entity.

(31)

“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. With respect to tenancies involving the rental of space for a residential structure, but not the rental of the residential structure itself, “premises” is the space rented for a residential structure 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, but not the residential structure itself.

(32)

“Rent”

is all periodic payments to be made to the Department or lessor under a lease or rental agreement.

(33)

“Reservation”

is the Tulalip Indian Reservation.

(34)

“Subordinate lienholder”

is the holder of any lien, including a subsequent mortgage perfected subsequent to the recording of a mortgage under this chapter, except the Tribes shall not be considered a subordinate lienholder with respect to any claim regarding a Tribal tax on real property.

(35)

“Tenant”

is the lessee(s), sublessee(s) or person(s) entitled under a lease or rental agreement to occupy a dwelling unit or premises to the exclusion of others. “Tenant” includes a person who rents a space for a residential structure and persons residing with that tenant under the terms of the lease or rental agreement.

(36)

“Tribal Recording Clerk”

shall mean the person performing the recording functions under this chapter and under Tribal law or any deputy or designee of such person.

(Ord. 128 § (d), 9-9-2005 (Res. 2005-319); Ord. 128 § (d), 1-6-2006 (Res. 2006-5))

§ 6.05.050 Tribal Housing Department.

Indian Housing Plan.

As required by the Indian Housing Block Grant program, the Department shall, with the approval of the Board, establish an Indian Housing Plan (IHP) for the Tulalip Tribes. The plan shall guide the Department in developing and implementing projects, and the Department shall use its best efforts to implement the plan.

From time to time, but at least quarterly, the Department shall report to the Board of Directors on its efforts in furtherance of the goals and objectives set forth in the plan.

The Department shall recommend to the Board of Directors such revisions to the plan as it deems appropriate.

Geographic Priority. The Department shall give priority to projects within the Reservation. The Department may participate in projects outside the Reservation that are consistent with the Housing Plan, subject to the availability of funds.

Preferences. Low-income Tribal members shall be the preferred participants in the Department’s projects. The Department may implement such other preferences as may be set forth in its policies.

Group of Monitors. The affairs of the Department may be monitored and guided by a group of monitors and such officers as the Board shall appoint, in accordance with this chapter. The powers and terms of the monitors, the conditions for their removal and the filling of vacancies on the group shall be as follows:

The number of the group of monitors shall not be less than three and not more than five.

To the extent practicable, group candidates must have a demonstrated interest and experience in housing programs or experience in one or more of the following areas: affordable housing development, residential building construction, real estate, property management and housing finance.

The Board of Directors may appoint the Department’s group of monitors.

A monitor may be a member or nonmember of the Tribes.

Any monitor who is also a tenant, lessee, owner or homebuyer in a housing project of the Department shall be entitled to fully participate in all meetings concerning matters that affect all of the tenants, lessees, owners or homebuyers, even though such matters affect him/her as well. However, no such monitor shall be permitted to participate in (except in his/her capacity as a tenant, lessee, owner or homebuyer) or to be counted or treated as a member of the group concerning any matter involving his/her individual rights, obligations or status as a tenant, lessee, owner or homebuyer.

Monitors shall serve for terms as set out in contracts. Upon the expiration of a monitor’s term, he/she may be reappointed to serve subsequent terms. The Board may provide the method of staggering the terms of the monitors.

Monitors may be removed prior to the expiration of their term, with or without cause, by a majority vote of the Board of Directors.

(h)

Monitors shall discharge the duties of the position in good faith, in a manner the monitor reasonably believes to be in the best interest of the Department and with the care an ordinary prudent person in a like position would exercise under similar circumstances.

Monitors shall be compensated for their services at a contract rate set by the Board of Directors and shall be reimbursed for expenses according to such policy as the Board of Directors may adopt.

(j)

Monitors shall be responsible for the compliance of the Department with Federal and Tribal law and regulations governing the operation of governmental housing programs. Monitors shall have direct authority to advise the General Manager of the Tulalip Tribes and Executive Director for Housing regarding the management and operations of the Department.

Powers. The Department shall have the following powers:

To develop and implement housing projects consistent with the Housing Plan and this chapter.

To develop, promulgate, implement and enforce policies and rules and regulations for housing projects, governing, among other areas, applicant selection, occupancy conditions, payments/collections, inspections, maintenance, resident relations and grievances.

By contract approved by the Board, to waive any immunity from suit. However, nothing in this chapter shall be interpreted or implied as a waiver of the Department’s or the Tribes’ or the Board of Directors’ sovereign immunity.

To enter into agreements, contracts and understandings with any governmental agency, Federal, Tribal, State or local (including the Board of Directors), in consultation with the Board of Directors or its designee, or with any person, partnership or corporation, and to agree to any conditions attached to Federal assistance, subject to the Department first summarizing for the Board of Directors or its designee those conditions which materially differ from Tribal law or policy.

To agree, notwithstanding anything to the contrary contained in this chapter or in any other provision of law, to any conditions attached to Federal financial assistance relating to the determination of prevailing salaries or wages or payment of not less than prevailing salaries or wages or compliance with labor standards in the development or operation of projects, and the Department may include in any contract let in connection with a project stipulations requiring that the contractor and any subcontractor comply with requirements as to maximum hours of labor and comply with any conditions which the Federal government may have attached to its financial aid to the project.

To borrow or lend money, to issue temporary or long-term evidence of indebtedness and to repay the same, provided the Board of Directors or its designee approves by resolution of said borrowing, lending, or issuance of evidence of indebtedness. Obligations shall be issued and repaid in accordance with the provisions of subsection (6) of this section.

To pledge the assets and receipts of the Department as security for debts; and to acquire, sell, lease, exchange, transfer or assign personal property or interests therein, when approved by the Board of Directors or its designee; provided, that such a pledge and other actions may only be taken in conformity with applicable Federal laws and regulations.

(h)

Subject to prior approval of the Board of Directors, to purchase, lease or take by gift land or an interest in land.

To undertake and carry out studies and analyses of housing needs, to operate projects and to provide for the construction, reconstruction, improvement, alteration or repair or any project or any part thereof.

(j)

With respect to any dwellings, accommodations, lands, buildings or facilities embraced within any project (including individual cooperative or condominium units) to lease or rent, sell, enter into lease purchase agreements or leases with an option to purchase; to establish and revise rents or require monthly payments; to develop, promulgate, implement, and enforce policies and rules and regulations concerning the selection of tenants, lessees, owners or homebuyers, including the establishment of priorities, and concerning the occupancy, rental, care and management of housing units and such further policies and rules and regulations as the Board may deem necessary and desirable to effectuate the powers granted by this chapter.

(k)

To finance home purchases by eligible homebuyers.

(l)

To terminate any lease or rental agreement or lease-purchase agreement when the tenant, lessee, owner or homebuyer has violated the terms of such agreement or failed to meet any of its obligations thereunder, or when such termination is otherwise authorized under the provisions of such agreement, and to bring an action for eviction against such tenant, lessee, owner or homebuyer.

(m)

To purchase insurance for any property or against any risks or hazards. Before purchasing insurance, the Department shall consult with the Tribes’ Financial Risk Manager to determine whether it would be cost-effective to obtain insurance coverage through a Tribal policy or policies or through some other carrier arrangement with or through the Tribes.

(n)

In conjunction with the Tribal Finance Department, to prudently invest such funds as are not required for immediate disbursement.

(o)

In conjunction with the Tribal Finance Department, to establish and maintain such bank accounts as may be necessary or convenient.

(p)

To employ an Executive Director for Housing, hired and supervised by the General Manager under a contract setting out the powers and duties of the Executive Director for Housing, and technical and maintenance personnel and such other officers and employees, permanent or temporary, as the Department may require, and to delegate to such officers and employees such powers or duties as the Board shall deem proper.

(q)

To join or cooperate with any other public or Indian housing agency or agencies operating under the laws or ordinances of a state or another tribe in the exercise, either jointly or otherwise, of any or all of the powers of the Department and such other public housing agency or agencies for the purpose of financing (including but not limited to the issuance of notes or other obligations and giving security therefor), planning, undertaking, owning, construction, operating or contracting with respect to a housing project or projects of the Department or such other public housing agency or agencies, so joining or cooperating with the Department, to act on the Department’s behalf with respect to any or all powers, as the Department’s agent or otherwise, in the name of the Department or in the name of such agency or agencies.

(r)

To operate pursuant to Tribal financial and personnel policies, except where specific rules, regulations, or laws governing the expenditure of Federal monies require different standards and procedures.

(s)

To do any and all things necessary or desirable to secure the cooperation of the Federal government in the undertaking, construction, maintenance or operation of any project by the Department.

(t)

To exercise such further incidental powers, not inconsistent with this chapter, as may be necessary to conduct the Department’s business.

(u)

To define “low-income Tribal members” and other categories of Tribal members eligible for housing assistance, according to criteria developed by the Federal government and the Department.

Obligations.

With approval of the Board of Directors or its designee, the Department, in the name of the Tribes, may issue obligations from time to time in its discretion for any of its purposes and may also issue refunding obligations for the purpose of paying or retiring obligations previously issued by it.

Neither the Executive Director for Housing nor monitors of the Department, nor any person executing the obligations, shall be liable personally on the obligations by reason of issuance thereof.

When specifically authorized by the Board of Directors, the notes and other obligations of the Department shall be debts of the Tribes.

Obligations of the Department are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income therefrom, shall be exempt from taxes imposed by the Tribes. The tax exemption provisions of this chapter shall be considered part of the security for the repayment of obligations and shall constitute, by virtue of this chapter and without necessity of being restated in the obligations, a contract between (i) the Department and/or the Tribes and (ii) the holders of obligations and each of them, including all transfers of the obligations from time to time.

Obligations of the Department shall be authorized by a resolution adopted by a majority of the full Board, which resolution shall state the terms and conditions of the obligation and whether it is to be sold at public or private sale.

Financial Reports. The Tribal Finance Department shall submit the following financial reports to the Board of Directors or its designee:

Documents and reports showing the financial condition of the Department based on the accounting standards used; and

Any other reports to the Board containing financial information as prepared by the Executive Director for Housing in the ordinary course of business.

Annual Report. The Department shall submit an annual report, signed by the Executive Director of Housing, to the Board of Directors showing:

A summary of the year’s activities in the form of the HUD required annual performance report;

The financial condition of the Department, including the information listed in subsection (7)(a) of this section;

The condition of properties owned or leased by the Department;

The number of units and vacancies;

Any significant problems and accomplishments;

Future plans for the Department or projects; and

Such other information as the Department or the Board of Directors shall deem pertinent.

Conflict of Interests. During his/her tenure and for one year thereafter, no monitor, officer or employee of the Department, or any member of any governing body of the Tribes or any other public official who exercises any responsibilities of functions with regard to a Housing Department project, shall voluntarily acquire any interest, direct or indirect, in the project or in any property included or planned to be included in the project or in any contract or proposed contract relating to the project, unless prior to such acquisition he/she discloses his/her interest in writing to the Department and such disclosure is entered in the records of the Department and the monitor, officer, or employee shall not participate in any action by the Department relating to the property or contract in which he/she has any such interest. If any monitor, officer or employee of the Department involuntarily acquires any such interest, or voluntarily or involuntarily acquired any such interest prior to appointment or employment as a monitor, officer, or employee, the monitor, officer or employee, in any such event, shall immediately disclose his/her interest in writing to the Department and such disclosure shall be entered in the records of the Department, and the monitor, officer or employee shall not participate in any action by the Department relating to the property or contract in which he/she has any such interest. Any violation of the foregoing provisions of this section shall constitute misconduct in office. This section shall not be applicable to the acquisition of any interest in obligations of the Department issued in connection with any project or to the execution of agreements by banking institutions for the deposit or handling of funds in connection with a project or to act as trustee under any trust indenture, or to utility services, the rates for which are fixed or controlled by a governmental agency, or to membership on the Board as provided in subsection (4) of this section.

(10)

Relation to Federal Law. The Department’s participation in Federal Indian housing programs may create additional rights and responsibilities between the Department and others. To the extent practicable, this chapter shall be read consistently with applicable Federal law. Where there is a conflict between this chapter and any statute or regulation of the United States, the Federal law shall apply if it has specific applicability and if it is clearly in conflict with the provisions of this chapter.

(11)

Indemnification. The Department is authorized to provide indemnification of monitors, officers, employees and agents of the Department through ordinance, vote of disinterested monitors or agreement.

(12)

Miscellaneous.

Bonding. The Department shall obtain or provide for the obtaining of adequate fidelity bonds for persons handling cash or authorized to sign checks or certify vouchers.

Coordination with Tribal Administration. The Department’s Executive Director of Housing shall participate in the Tribes’ planning process, advising the Tribes’ General Manager of the foreseeable impacts projects may have on Tribal programs.

Judicial Liens/Execution. All property, including funds acquired or held by the Department pursuant to this chapter, shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall any judgment against the Department be a charge or lien upon such property. However, the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by the Department on its rents, fees or revenues, or the right of the Federal government to pursue any remedies conferred upon it pursuant to the provisions of this chapter or the rights of the Department to bring eviction actions in accordance with TTC § 6.05.120(1).

Profits. The Department shall operate on a not-for-profit basis.

Taxation. The property of the Department is declared to be public property used for essential public and governmental purposes and such property and the Department are exempt from all taxes and special assessments of the Tribes.

(Ord. 128 § (e), 9-9-2005 (Res. 2005-319); Ord. 128 § (e), 1-6-2006 (Res. 2006-5))

§ 6.05.060 Tribal Court jurisdiction.

To ensure the peace, harmony, safety, health and general welfare of Tribal members and those permitted to enter or reside on Tribal lands, and the efficient resolution of disputes, the Tulalip Tribal Court shall have jurisdiction over the following:

All lands owned by, held in trust for, leased or used by the Tribes, its members, the Department or any other entity of the Tribes;

All buildings which may lie upon lands owned by, held in trust for, leased or used by the Tribes, its members, the Department or any other entity of the Tribes;

All persons or entities within the jurisdiction of the Tribes who sell, rent, lease or allow persons to occupy housing, dwellings or accommodations for the purpose of human dwelling, occupation, or residence, and all persons who buy, mortgage, rent, lease or occupy such structures. Such personal jurisdiction is extended over said persons and entities whether or not they are members of the Tribes and whether or not they have a place of business within the Tribes’ Reservation;

All contracts, liens, instruments or other agreements to which the Department is a party; and

Any act within the Reservation dealing with the subject matter of this chapter.

(Ord. 128 § (f), 9-9-2005 (Res. 2005-319); Ord. 128 § (f), 1-6-2006 (Res. 2006-5))

§ 6.05.070 Leases/rental agreements.

Effect of Leases/Rental Agreements. The provisions of this chapter, as well as any applicable laws as identified in TTC § 6.05.050(10), establish the minimum rights and responsibilities of the Department and tenants. Unless inconsistent there-with, leases or rental agreements may supplement these minimum rights and responsibilities.

Term of Tenancy. In the absence of a definite term in the lease or rental agreement, the tenancy shall be month-to-month.

§ 6.05.090 Attempt at informal resolution.

Payment of Rent. In the absence of definite terms in the lease or rental agreement, rent is payable at the Housing Department’s office or other location designated by the Department. In the absence of definite terms, the amount of rent shall be the fair market value of the rental unit.

(Ord. 128 § (g), 9-9-2005 (Res. 2005-319); Ord. 128 § (g), 1-6-2006 (Res. 2006-5))

§ 6.05.080 Rules and regulations.

The Department may develop, promulgate, implement and enforce reasonable policies and rules and regulations regarding the use and occupancy of the premises.

(Ord. 128 § (h), 9-9-2005 (Res. 2005-319); Ord. 128 § (h), 1-6-2006 (Res. 2006-5))

Before terminating any rental agreement, lease or other agreement, or instituting any action in Tribal Court under this chapter, the Department or tenant must demonstrate that he/she has met or attempted to meet with the other party(ies) to discuss grievances which might otherwise be adjudicated in the Tribal Court and has made a good faith effort to resolve those grievances outside of Court. This section shall not apply in cases where tenant or other occupants of a dwelling have engaged in violations of criminal law in the dwelling or the vicinity of the dwelling.

(Ord. 128 § (i), 9-9-2005 (Res. 2005-319); Ord. 128 § (i), 1-6-2006 (Res. 2006-5))

§ 6.05.100 Abandoned dwelling units.

Where a dwelling has been abandoned (the tenant has vacated without notice and does not intend to return which is evidenced by removal of possessions, nonpayment of rent, disconnected utilities or expressed to the Department or third party), the Department, without further notice to the tenant, may post a notice on the dwelling stating that the Department intends to take possession and that the tenant’s possessions will be inventoried and removed within 10 days from the posting. If the tenant’s possessions are not claimed within 30 days from their removal from the abandoned dwelling, the Department may dispose of the possessions.

(Ord. 128 § (j), 9-9-2005 (Res. 2005-319); Ord. 128 § (j), 1-6-2006 (Res. 2006-5))

§ 6.05.110 Evictions – General.

Grounds for Eviction.

With respect to tenancies not involving the rental of space for a residential structure, a tenant may be evicted for:

Nonpayment of rent under an agreement for the lease, purchase or occupation of a dwelling unit or premises 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.

Any arrearage in rent, costs or damages which have been due and owing for 30 calendar days or more. The receipt by the Department of partial payments under an agreement shall not excuse the payment of any balance due upon demand.

Nuisance, property damage or destruction, injuries to the property, person or peace of other tenants, or injuries or damage to common areas and property.

Serious or repeated violations of the rental agreement, any rules or regulations adopted in accordance with TTC § 6.05.080 or any applicable building or housing codes.

(v)

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

(vi)

Under other terms in a rental agreement which do not conflict with the provisions of this chapter.

(vii)

The Court may in its discretion on motion from the Department order the tenant to pay into the Court rents for the use and occupancy during the pendency of the eviction case.

With respect to tenancies involving the rental of space for a residential structure:

A tenant may be evicted for:

Any of the grounds specified in subsection (1)(a) of this section; or

Loss of tenant’s ownership of the residential structure through sale, foreclosure, enforcement of judgment lien, or through other means.

If the residential structure or any interest therein is mortgaged or otherwise pledged as security for any loan, the written consent to an eviction must be received by the lender and, when a HUD loan guarantee is in force, by HUD.

Notice to Quit Requirements.

When Notice to Quit Is Required. When the Department desires to obtain possession of the premises, and when there exists one or more legally cognizable reasons to evict the tenant or tenants occupying the premises as set forth in subsection (1) of this section, the Department shall give notice to the adult tenants to quit possession of the premises according to the provisions of this section.

Statement of Grounds for Eviction Required. The notice to quit shall be addressed to the adult tenants of the premises, the head of household, or a signer of the rental or homebuyer agreement, and shall state the legally cognizable reason(s) for termination of the tenancy and the date by which the tenant is required to quit possession of the premises.

Time Requirement for Notice. The notice must be delivered within the following periods of time:

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

No less than three calendar days prior to the date to quit specified in the notice for nuisance, serious injury to property or injury to persons.

In situations in which there is an emergency, such as 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.

No less than 14 calendar days in all other situations.

Serving the Notice to Quit. Any notice to quit must be in writing and must be delivered to the tenant in the following manner:

Delivery must be made by an adult person.

Delivery will be effective when it is:

Personally delivered to a tenant with a copy delivered by mail; or

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

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

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

Certified mail, return receipt requested, at the last known address of the tenant; or

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.

§ 6.05.120 Judicial eviction procedures.

The person giving notice must keep a copy of the notice and proof of service (certified by affidavit or other manner recognized by law).

(Ord. 128 § (k), 9-9-2005 (Res. 2005-319); Ord. 128 § (k), 1-6-2006 (Res. 2006-5))

Commencement of an Action for Eviction. If after the date set forth in the notice for the tenant to quit possession of the premises the tenant has not quit possession, the Department may file a complaint in the Tribal Court for eviction and such other relief as the Court may deem just and proper. An action for eviction shall be commenced by filing a complaint with the Clerk of the Tribal Court. Upon filing the complaint the Clerk shall set a hearing date which shall not be more than 20 calendar days from the date of filing.

Summons and Complaint.

Form of Complaint. The complaint shall state:

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

A description or copy of the rental agreement, if any;

The address or reasonable description of the location of the premises;

The grounds for eviction;

(v)

A statement showing that the notice to quit or vacate and any required termination notices have been served in accordance with this chapter or other applicable law; and

(vi)

A statement of the relief demanded, including any claim(s) for possession of the premises, damages, fees, costs, or other special relief.

Summons. Upon the filing of the complaint the Clerk of the Court shall issue a summons and the filing party shall be responsible for service of the summons upon the defendant named in the complaint. The summons shall direct the defendant(s) to appear in Tribal Court on the date specified in the summons. It shall also warn the defendant(s) that judgment may be taken against them if they fail to appear. Service shall be made in the manner set forth in the Tribal Court’s Rules of Pleading and Practice.

Answer. A defendant served with a complaint and summons shall have the right to file an answer denying the allegations contained in the complaint and/or setting forth any factual disputes or defenses. A defendant must file an answer specifically setting forth any of the defenses described in subsection (5) of this section he/she is asserting. Any answer filed pursuant to this section must be served on the opposing party no later than five days prior to the scheduled hearing date.

Defenses. The Court shall grant the remedies allowed in this chapter, unless it appears by the evidence that:

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 Department and that they constitute a real and serious hazard to human health and safety and not a mere inconvenience.

The Department has failed or refused to make repairs which are its 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.

There are monies due and owing to the tenant because he/she has been required to make repairs which are the obligation of the Department and the Department 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/she fails or refuses to pay the reasonable rental value of the premises.

That due to the conduct of the Department 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.

That there are such serious and material breaches of applicable housing law on the part of the Department that it would be unjust to grant it a remedy.

The Department is evicting the tenant because of his/her race, sex, sexual orientation, religion, age, marital status, family status or because the tenant is disabled.

Any other material or relevant fact the tenant might present that may explain why his/her eviction is unjust and unfair.

Discovery and Pre-Hearing Proceedings. Discovery shall be informal and reasonably provided on demand of a party. The Court may enter reasonable orders requiring discovery.

Evidence. The Court may consider any oral or documentary evidence presented which is relevant to the facts and issues raised by the complaint without regard to their admissibility under the rules of evidence that apply to other Court proceedings; however, the Court may give less weight to evidence that is hearsay or otherwise inadmissible under the rules of evidence.

Burden of Proof. The burden of proof in all proceedings under this section shall be preponderance of the evidence.

Judgment.

Within seven calendar days of the date of the hearing, the Court shall grant and enter judgment and the judgment shall grant all relief that the parties are entitled to as of the date of the judgment. The judgment may:

Order the immediate eviction of a tenant and delivery of the premises to the Department or Tribes;

Grant actual damages as provided in the agreement of the parties or this chapter, including interest;

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

Establish a payment plan for the tenant;

(v)

Order rent payments through garnishment;

(vi)

Remediate the action, in part or in whole, through appropriate recalculation of rent;

(vii)

Order the payment of reasonable attorneys fees, costs and expenses of litigation;

(viii)

Grant any relief provided in this chapter or allowed in law or equity.

If a tenant fails to appear in person or in writing on or before the date of appearance, the Court may enter a judgment on behalf of the plaintiff without a hearing.

Form of Judgment. The judgment shall state the relief granted by the Court to any party, but need not state findings of fact or conclusions of law in support of the judgment. The judgment may state brief reasons for it. If a trial is held, the Judge should, whenever possible, render his/her decision immediately after both parties have rested their case and award costs and restitution as appropriate.

Execution of Judgment. Any judgment may be immediately executed, and the judgments and orders of the Court shall be enforced by a law enforcement officer or officer of the Court appointed by the Court for such purpose. Any law enforcement officer shall, upon receipt of an order of the Court, execute the judgment or order made by it within five calendar days of the date of the judgment or order and make a report to the Court on what was done to enforce it.

(10)

Notice to Leave the Premises. Any notice to leave the premises shall be by written order of the Court and shall be delivered to the tenant in the following manner:

Delivery shall be made by:

A law enforcement officer acting within his/her jurisdiction.

Any person authorized by the Tribal Court.

Effective Delivery. Delivery shall be effective if made in any manner authorized in the Tribal Court’s Rules of Pleading and Practice for the service of a summons.

(11)

Appeals. Appeals under this section shall be according to the provisions of TTC Title 2 (Tribal Court). Decisions of the Tribal Court shall not be stayed pending appeal except by agreement of the parties.

(Ord. 128 § (l), 9-9-2005 (Res. 2005-319); Ord. 128 § (l), 1-6-2006 (Res. 2006-5))

§ 6.05.130 Emergency eviction.

For public safety reasons, whenever the Department has reason to believe a resident is engaged in any activity that is an imminent threat to the health or safety of other tenants or the public, the Department may demand that the tenant vacate the premises by notice hand delivered (or if hand delivery cannot be effected, then by securely taping a copy of the notice to the main entry door of the premises). The Department may also file a complaint with the Court requesting an emergency eviction order.

Any complaint requesting an emergency eviction order shall be served in the same manner as a demand to vacate, and may be served concurrently therewith. The complaint shall be in the form set forth in TTC § 6.05.120(2)(a) and the copy delivered to the tenant shall be accompanied by a Notice of Hearing which shall be on a form prescribed by the Tribal Court and identify the time and place for a preliminary hearing on the complaint. The preliminary hearing must be held within two calendar days, excluding weekends and holidays, of filing of such complaint. The Department shall obtain the information requested for the notice from the Court at the time the complaint is filed.

The Court shall issue an emergency eviction order if by a preponderance of the evidence it finds that the tenant’s acts or behavior threaten the health or safety of other tenants or the public. In the order evicting the tenant, the Court shall set a date not more than 20 days from the date of the order for an adjudicatory hearing to determine whether the tenants should be permanently evicted or whether the emergency eviction order should be set aside. The Department need not restate the facts and arguments set forth in its complaint requesting an emergency eviction. Unless supplemented by an amended complaint, the facts and arguments made in the complaint requesting an emergency eviction shall constitute the Department’s case for permanent eviction of the tenant. The tenant may file an answer denying the allegations of the complaint and setting forth any factual dispute. The answer must be served as provided for in TTC § 6.05.120(4). TTC § 6.05.120(6) and (7) dealing with discovery and evidence shall apply. The burden of proof shall be by preponderance of the evidence. On request, the Court may award reasonable attorneys fees and costs of litigation. Any appeal of the Court’s decision shall be made in accordance with the provisions of the Tribal Court ordinance (TTC Title 2).

(Ord. 128 § (m), 9-9-2005 (Res. 2005-319); Ord. 128 § (m), 1-6-2006 (Res. 2006-5); Res. 2012-290)

§ 6.05.140 Forcible eviction.

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 the order, the defendant or other occupants may be forcibly removed from the premises by a law enforcement officer. At the hearing where the eviction is ordered, the Court shall inform the defendant that if he/she does not vacate the premises voluntarily by the effective date, he/she 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 (2) of this section.

Following eviction, the Court may allow the Department or the Federal government access to any property leased by either of them for purposes of preserving and securing it.

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. Upon request by the former occupants, the Department 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.

(Ord. 128 § (n), 9-9-2005 (Res. 2005-319); Ord. 128 § (n), 1-6-2006 (Res. 2006-5))

§ 6.05.150 No self-help eviction.

Except by mutual consent of the parties, the Department may not compel a tenant to vacate any premises in a forceful fashion or way which causes a breach of the peace without giving a notice to quit and obtaining a Court order as provided in this chapter.

(Ord. 128 § (o), 9-9-2005 (Res. 2005-319); Ord. 128 § (o), 1-6-2006 (Res. 2006-5))

§ 6.05.160 Security deposits.

Security Deposit Limits. The Department may demand a security deposit of a reasonable amount determined by rule of the Department. Additional security deposits may be allowed for special circumstances such as animals or pets, tenant’s history or prior damages.

Payment of Security Deposit at Termination of Tenancy. The landlord shall pay to the tenant or former tenant the amount of the security deposit that was deposited by the tenant with the Department, less the value of any damages which the Department has suffered as a result of such tenant’s failure to comply with tenant’s obligations. Damages shall include necessary and reasonable cleaning fees but do not include the effects of normal wear and tear.

Action to Reclaim Security Deposit. Any tenant may bring a civil action in Tribal Court to reclaim any part of his/her security deposit which may be due.

(Ord. 128 § (p), 9-9-2005 (Res. 2005-319); Ord. 128 § (p), 1-6-2006 (Res. 2006-5))

§ 6.05.170 Mortgage and foreclosure.

All mortgages recorded in accordance with the recording procedures set forth in this section, including leasehold mortgages and 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, except a lien or claim arising from a Tribal lease-hold tax assessed after the recording of the mortgage.

Recording.

Appointment of a Tribal Recording Clerk. The General Manager of the Tribes shall designate a Tribal Recording Clerk and such additional Deputy Tribal Recording Clerks as he/she deems proper to perform the recording functions under this chapter.

Recording System. The Tribal Recording Clerk shall maintain a system for the recording of mortgages, leasehold mortgages and such other documents affecting an interest in land as the Tribal Board of Directors may designate.

Tribal Recording Clerk Duties.

The Tribal Recording Clerk shall endorse upon any mortgage, leasehold mortgage or other document received for recording:

The date and time of receipt;

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

The name of the Tribal Recording Clerk receiving the leasehold mortgage, mortgage, or other document.

Upon completion of the above endorsements, the Tribal Recording Clerk shall make a true and correct copy of the leasehold mortgage, mortgage or other document and shall certify the copy.

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

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

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

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

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

(D)

The date and time of receipt;

(E)

The filing number assigned by the Tribal Recording Clerk; and

(F)

The name of the Tribal Recording Clerk receiving the leasehold mortgage, mortgage or other document.

Public Inspection. The certified copies of the mortgage and other documents and the log maintained by the Tribal Recording Clerk shall be made available for public inspection and copying.

Certified Copies. In lieu of presenting an original mortgage or other document for recording, any person or entity may present a copy of the same upon which there is an original certification which has been signed and sealed by a Judge or Clerk of the Tribal Court or by a notary public or other authorized official of the Tribes, the Federal government or the State of Washington.

Recording and Copying Fees. The Tribal Recording Clerk shall establish reasonable fees for the recording, copying and/or certification of any document recorded under the recording system established under this chapter.

Assignments. The recording procedures set forth in this chapter for mortgages shall also apply to any assignment of a mortgage.

Foreclosure.

Default. A borrower/mortgagor shall be considered to be in default when he/she is 30 days past due on his/her mortgage payment(s) to the lender/mortgagee.

Pre-Foreclosure Requirements. A lender/mortgagee may not commence a foreclosure proceeding until at least three monthly payments due on the mortgage are unpaid and the lender/mortgagee has done the following:

Made a reasonable effort to arrange a face-to-face interview with the borrower/mortgagor before the borrower/mortgagor becomes 90 days delinquent on his/her mortgage payments. Reasonable efforts shall include the following:

At least one trip to see the borrower/mortgagor at the mortgaged property unless there is no office (or branch office) of the lender/mortgagee or servicer within 200 miles of the mortgaged property or the borrower/mortgagor refuses to cooperate (a lender/mortgagor may appoint an agent to arrange and conduct the interview); and

Documentation that it has made at least one phone call to the borrower/mortgagor for the purpose of trying to arrange a face-to-face interview.

Before the borrower/mortgagor has been delinquent for 90 days and at least 10 days before commencing a foreclosure action, the lender/mortgagee shall advise the borrower/mortgagor in writing by mail or by posting prominently on the unit, with a copy provided to the Department, as follows:

That information regarding the loan and default will be given to credit bureaus.

Of homeownership counseling opportunities/programs available through the lender or otherwise.

Of other available assistance regarding the mortgage/default.

In addition to the preceding notification requirements in subsection (4)(b)(ii) of this section when a leasehold mortgage is involved, the lender/mortgagee shall:

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;

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

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

Commencement of Foreclosure Proceeding. A foreclosure action is commenced by filing a verified complaint in the Tribal Court. The verified complaint in a mortgage foreclosure proceeding shall contain the following:

Contents of the Foreclosure Complaint.

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 Tribes with respect to a claim for a Tribal leasehold), as a defendant;

A description of the property subject to the mortgage;

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;

(D)

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 (appended as exhibits); and

(E)

Any applicable allegations concerning relevant requirements and conditions prescribed in (I) Federal statutes and regulations (II) Tribal codes, ordinances and regulations; and/or (III) provisions of the lease or leasehold mortgage or security instrument.

Summons. Upon filing the complaint the Clerk shall issue a summons specifying a date and time of appearance for the defendant(s) and other information as described in TTC § 6.05.110(2)(b).

Service of Complaint and Summons. The filing party shall be responsible for serving the complaint and summons in accordance with the procedures set forth in TTC § 6.05.110(3).

Cure of Default. 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 leasehold mortgage foreclosure proceeding.

Judgment and Remedy. This matter 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; and

Assigning the mortgage to the lender/mortgagee or the lender’s designated assignee; 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:

The lender shall give the Tribes 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.

The lender or lender’s designated assignee may only transfer, sell or assign the lease and/or leasehold mortgage to a Tribal member, the Tribes or the Tribal Housing Department.

Any other transfer, sale or assignment of the lease or leasehold mortgage shall only be made to a Tribal member, the Tribes or the Tribal Housing Department during the remaining period of the leasehold.

Foreclosure Evictions. Foreclosure evictions shall be handled according to the general eviction process set forth in TTC § 6.05.110, with the added provision that foreclosure eviction proceedings shall not occur until after the borrower/mortgagor, lessee, occupier has received 30 calendar days’ notice that the property has been foreclosed, 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.

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.

Certified Mailing to Tribes and Lessor. In any foreclosure proceedings on a lease or leasehold mortgage where the Tribes or the lessor(s) is not named as a defendant, a copy of the summons and complaint shall be mailed to the Tribes 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 Area Director of the Portland Area Office.

Intervention. The Tribes or any lessor may petition the Tribal Court to intervene in any lease or leasehold mortgage foreclosure proceeding under this chapter. Neither the filing of a petition for intervention by the Tribes nor the granting of such a petition by the Tribal Court shall operate as a waiver of the sovereign immunity of the Tribes, except as may be expressly authorized by the Tribes.