PRP.7.5.060 Ineligibility for Admission

The Housing Authority shall preclude admission of applicants whose activities, past and present, reasonably may be expected to have a detrimental effect on the Tenants or the environment of the Area of Operation. Such behavior would include, but not be limited to:

(a) Disturbances of neighbors, destruction of property, living or housekeeping practices at prior residence which may indicate an adverse effect to the health, safety or welfare of other Tenants;

(b) A history of activity, engaged in by the applicant or any member of the household of the applicant that threatens the health or safety of, or right to peaceful enjoyment of their premises by other residents of the Reservation or the employees of the Housing Authority, unless otherwise granted a waiver pursuant to Chapter MCC.6 of the LCOTCL – Pardon and Forgiveness Code. A violation history as evidenced by a conviction of a crime, of a city or county ordinance adopting a state criminal statute, or of a tribal ordinance regulating public safety. Such a history also, as evidenced by an activity which violates this ordinance or the policies of the Housing Authority, and threatens health, safety, or Tenants' rights of peaceful enjoyment;

(c) A record of disregard of rules of occupancy and rights of others;

(d) The following sections shall apply to convicted sex offenders who are required to register under tribal, federal, or state law:

(1) No person shall be allowed admission to housing, either as head of household or other member of household, who is subject to either a ten year or lifetime registration requirement under the "Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Program" 42 U.S.C. § 14071, or any state sex offender registration program;

(2) All applicants for housing, and any current resident upon request, shall sign a consent for release of criminal and registration information as a condition for consideration for housing or continued residency. The Housing Authority shall verify with state or local law enforcement authorities that no member of an applicant's household is registered prior to approving the application;

(3) Before an adverse action is taken with respect to an applicant on the basis that the applicant is subject to a ten year or lifetime registration requirement, the Housing Authority shall provide the Tenant or applicant with a copy of the registration information and an opportunity to dispute the accuracy and relevance of that information;

(e) No person shall be allowed admission to housing, either as head of household or other member of household, who has been convicted of the illegal manufacture, sale, or distribution of a controlled substance, or possession with intent to manufacture, sell, or distribute a controlled substance, unless granted pardon and forgiveness;

(f) No person shall be allowed admission to housing, either as head of household or other member of household, who has been convicted with use or possession of a controlled substance with intent to deliver, for a period of five-years after the date of the charge or is granted a waiver pursuant to Chapter MCC.6 of the LCOTCL – Pardon and Forgiveness Code;

(g) No person shall be allowed admission to housing, either as head of household or other member of household, who has been charged with use or possession of a controlled substance or drug paraphernalia, for a period of three years after the date of the charge or is granted a waiver pursuant to Chapter MCC.6 of the LCOTCL – Pardon and Forgiveness Code;

(h) A resident who abandons a unit shall be ineligible to apply for housing for a period of 24 months;

(i) An applicant that has failed to meet their financial obligations, including Court ordered restitution, to any Indian/Public Housing Agency or any other prior landlord shall be ineligible until such financial obligation is paid in full;

(j) A person who has not yet established residency as defined in Section PRP.7.2.010(vvv) of this ordinance. This section does not apply to elderly applicants, who are eligible to apply for housing regardless of residency;

(k) The application of a person who has been charged with a crime or ordinance violation which has not yet reached final disposition and the disposition of which may affect the person's eligibility under this subchapter shall be held open until such disposition and shall not be acted upon until that time;

(l) Anyone subject to Section PRP.7.5.190(i)(9) of this ordinance.