PRP.7.6.140 Immediate Eviction Procedure

In regard to the procedure related to an immediate eviction, the provisions of §§ Section PRP.7.6.100, Section PRP.7.6.110, and Section PRP.7.6.120 shall be followed. If the tenant(s) would like to remove his or her personal property they must then comply with Section PRP.7.6.130.

(a) Challenge. To challenge an immediate termination by the Housing Authority, a tenant must file an appeal with the Tribal Court within three (3) days of receipt of the Notice to Quit pursuant to Section PRP.7.6.100 of this ordinance.

(b) In no instance will the immediate eviction of the Housing Authority be stayed by the Tribal Court.

(c) A summons and complaint must be submitted by the tenant in their appeal which alleges the reasons why the immediate eviction was not permitted or was wrongful under this subchapter.

(d) The Housing Authority shall provide all documents and evidence pertaining to the immediate eviction at the initial hearing, which shall not be scheduled more than thirty (30) days after the tenant is required to quit the dwelling. During the initial hearing the Housing Authority will enter a plea and a scheduling order will be agreed to, so as to mandate dates and times which witness, and exhibit lists shall be due, as well as set the date for a trial.

(e) Trial. The trial will be held as scheduled and will be limited to whether the Housing Authority had the necessary documentation to show an immediate eviction was warranted under this subchapter and that the Housing Authority followed its requirements in its notice to quit, in serving said notice and in the removal of any tenant(s) or their personal property.

(f) If the Housing Authority prevails at trial, its determination and immediate eviction shall stand. If the tenant(s) prevails at trial, the tenant(s) shall be allowed to resume his or her tenancy at the dwelling, however, no damages or other form of recovery for any purpose shall be allowed against the Housing Authority.