Title PRP Property

Chapter PRP.5 Eminent Domain Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

Preamble

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians to reduce the fractionation of Tribal lands and to resolve longstanding issues of trespass. In the implementation of this inherent sovereign authority, Article V, (1)(l) and (1)(m) of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to: "organize, charter and regulate any association or group for the purpose of providing social or economic benefits to the members of the Band or the residents of the reservation" Article V 1(l); and "delegate to subordinate boards, officers, committees or cooperative associations which are open to all members of the Band any of the foregoing powers, reserving the right to review any action taken by virtue of such delegated powers". Pursuant to this inherent sovereign authority, the Tribal Governing Board hereby establishes a public body known as the Lac Courte Oreilles Tribal Condemnation Commission and enacts this ordinance which shall establish the purposes, powers, and duties of the Tribal Condemnation Commission. In any suit, action, or proceeding involving the validity or enforcement relating to any of its actions, the Tribal Condemnation Commission shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of this ordinance. A copy of this ordinance duly certified by the Secretary/Treasurer of the Tribal Governing Board shall be admissible in evidence in any suit, action, or proceedings.

Subchapter PRP.5.1 General Provisions

PRP.5.1.010 Title

This ordinance shall be known as the Eminent Domain Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

PRP.5.1.020 Authority

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. In the implementation of this sovereign authority, Article V (1)(f) and (1)(g) of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to: "manage, lease, permit or otherwise deal with tribal lands, interests in lands or assets, or to purchase lands or to otherwise acquire lands, or interests in lands within or without the reservation.. Article V 1(f); and "[t]o adopt ordinances by which tribal lands may be assigned or leased for beneficial use and occupancy of members of the Band." Article V 1(g).

PRP.5.1.030 Territorial Applicability

This ordinance shall govern the activities of the Tribal Governing Board and the Tribal

Condemnation Commission pursuant to the provisions of this ordinance within Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

PRP.5.1.040 Effective Date

Except as otherwise provided in specific sections, the provisions of this ordinance shall be effective on the date adopted by the Tribal Governing Board.

PRP.5.1.050 General Definitions

(a) "Condemnation" means a legal proceeding where the Tribal Governing Board is exercising eminent domain to procure private property for some public use or benefit.

(b) "Conflict of Interest" means a situation that has the potential to undermine the impartiality of a person because of the possibility of a conflict between the private interests of an individual and the official responsibilities of that person in the course of his or her duties, including those pertaining to employment or appointment on a board or commission.

(c) "Eminent Domain" means the power of the Tribal Governing Board to take private property and convert it into public purpose use.

(d) "Fair Market Value" means the price at which property would change hands between a willing buyer and willing seller, neither being under any compulsion to buy or sell and both having reasonable knowledge of the relevant facts.

(e) "Good Faith" means that there is an objective basis for initiating a condemnation proceeding.

(f) "Just Compensation" means the payment the Lac Courte Oreilles Band of Lake

Superior Chippewa Indians is required to tender for property it has taken through eminent domain for some public purpose.

(g) "Lac Courte Oreilles" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(h) "Private Property" means the real or personal property owned by one or more private parties.

(i) "Public Purpose" means for the purpose of providing facilities or services for the benefit of the public connection with, but not limited to, public health, safety or welfare, as determined by the Tribal Governing Board.

(j) "Reservation" or "Reservation Lands" means those lands located within the exterior boundaries of the Lac Courte Oreilles Reservation lands as well as off-Reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

(k) "Respondent" means any person with an interest in or lien on Private Property that is subject to a Condemnation proceeding pursuant to this Chapter.

(l) "Tribal Condemnation Commission" or "Commission" means the condemnation commission of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians established by the Tribal Governing Board in this ordinance.

(m) "Tribal Court" means the court of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(n) "Tribal Governing Board" means the Tribal Governing Board of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(o) "Tribe" or "Band" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

PRP.5.1.060 Severability

If any clause, sentence, paragraph, section, or part of this code shall, for any reason be adjudicated by any Court of competent jurisdiction, to be invalid or unconstitutional, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which the judgment shall have been rendered.

Subchapter PRP.5.2 Tribal Condemnation Committee Responsibilities

PRP.5.2.010 Commission Established

(a) The Tribal Condemnation Commission is hereby created to act in an advisory capacity to the Tribal Governing Board for the purpose of carrying out the provisions of this ordinance and shall have those powers as stated in this section.

(b) In the absence of a fully appointed Commission shall not abridge or divest the Tribe of its Condemnation Authority.

PRP.5.2.020 Official Powers and Duties

The Commission shall carry out the following official powers and duties:

(a) Promulgate and implemental standard operating procedures necessary to govern its proceedings and satisfy its functions;

(b) Review and process Tribal Governing Board condemnation resolutions in an orderly and expeditious manner;

(c) Conduct and preside over hearings with any and all persons claiming an interest in the property to be taken and condemned to ascertain the fair market value of the property subject to condemnation;

(d) Provide formal, written recommendations to the Tribal Governing Board to approve or deny the compensation ascertained for the property subject to condemnation; and

(e) Develop rules, procedures, and by laws, not inconsistent with the provisions of this Ordinance, to promote orderly execution and implementation of the Commission's duties and powers hereunder.

(f) Take other actions reasonably related to the purpose of the Committee or otherwise directed by the Tribal Governing Board.

PRP.5.2.030 Organization

(a) The Tribal Condemnation Commission shall be composed of five (5) persons, three of whom must be Members of the Tribe. Applications for appointment must meet the qualifications set forth in this ordinance. In no case shall a sitting Tribal Governing Board member be appointed as a Commission member. No individual Commission member, regardless of position, acting alone and without Commission approval is empowered or authorized to take any action or make any public statement regarding the Commission's positions on any matter. There shall be no limit on the number of terms any Commission member can serve, subject to any provision in the Tribal Constitution and Bylaws to the contrary.

(b) The Tribal Governing Board shall recruit and post vacancies of the Commission to be filled from Tribal Membership. Applications shall be developed by the Tribal Governing Board.

PRP.5.2.040 Minimum Qualifications

Applicants for appointment to the Commission must satisfy the following requirements:

(a) Be at least 21 years of age.

(b) Have obtained a High School Diploma or GED equivalent or a degree of Higher Education.

(c) Have no prior record of, or entry of a plea of no contest to, any of the following in any tribal, county, state or federal court, unless pardoned:

(1) A felony

(2) Any offense involving fraud or misrepresentation

(d) Shall not be an elected Tribal official.

PRP.5.2.050 Merit Based Appointment

Commissioners shall be appointed on the basis of merit in consideration of factors including, but not limited to:

(a) Ability to exercise sound judgment and knowledge and understanding of management, business administration, public administration, regulated industries and similar or related areas of importance to the operations of the Commission;

(b) Expertise, experience or knowledge of property appraisal;

(c) Qualities of integrity, judgment, and sensitivity unique to Indian cultural, economic and social conditions and the goals of the Tribe and the Commission;

PRP.5.2.060 Term and Removal

Commissioners shall serve three (3) year terms and shall hold office until their successors have been appointed and have qualified: Provided however, the first LCO Utility Commission appointed shall serve a term of three (3) years. One (l) Commissioner appointed to the first LCO Utility Commission shall serve a term of two (2) years. The remaining Commissioner appointed to the first LCO Utility Commission shall serve a term of one (l) year. If any Commissioner shall die, resign, be removed or, for any reason, be unable to serve as a Commissioner, the Governing Board shall declare his/her position vacant and shall appoint another person to fill the position. Terms of office of all persons appointed to replace the initial Commissioners shall be for the balance of any unexpired term for each such position. Any Commissioner may resign by delivering a written resignation to the Governing Board. Such resignation shall be effective upon receipt, unless otherwise provided by the terms thereof. A Commissioner's resignation or removal under this Section shall also terminate that Commissioner's status, if applicable, as a presiding officer of the Commission. A Commissioner may be removed by formal action of the Tribal Governing Board for neglect of duty, Conflict of Interest, malfeasance in office, unexcused absences of more than three (3) consecutive regular meetings, or other due cause in the Tribal Governing Board's sole discretion. The decision of the Tribal Governing Board regarding any such removal shall be final and not subject to appeal. The Tribal Governing Board shall appoint a Commissioner for all vacancies to the Commission as soon as reasonably possible.

PRP.5.2.070 Officers

Officers of the Commission shall be Chairman, Vice-Chairman, and Secretary. The Tribal

Governing Board shall name one of the Commission members as the Chairman of the Commission. The Commission shall elect from among its members a Vice-Chairman and a Secretary. All officers shall serve one-year periods. In the absence of the Chairman, the Vice-Chairman shall preside.

PRP.5.2.080 Compensation of Commission Members.

Appointed members of the Commission shall receive a stipend of one hundred dollars ($100.00) per meeting and/or hearing for service as a Commission member. The amount of stipend is subject to change by the Tribal Governing Board via resolution. Training for Commission members to effectively and diligently carry out the powers and duties of this ordinance shall be provided by the Tribal Governing Board including travel, training/conference registration fees, and lodging costs. Such travel and training costs shall be determined and approved by the Tribal Governing Board.

PRP.5.2.090 Restrictions

(a) No Commission member shall deliberate on a pending condemnation proceeding involving a Conflict of Interest as defined in this Ordinance.

(b) Nothing in this ordinance authorizes the Commission to interfere with management, operations, and employment relations or decisions of the Tribe or Tribal entities.

PRP.5.2.100 Care, Loyalty, and Conflict

(a) Commission members shall discharge their duties in good faith and in a manner that the member reasonably believes is in the best interest of the Commission and with due diligence that an ordinarily prudent person in a like position would exercise under similar circumstances. It is expected that all Commission members will work in a competent and professional manner that reflects favorably on the Tribal Governing Board and the Tribe.

(b) Commission members shall, at all times, subordinate their personal interests to those of the Tribe and the Commission shall avoid conflicts of interest, including without limitation, that no Commission members shall exploit information related to Tribe, the Commission, or to person(s) claiming an interest in land subject to pending condemnation proceedings for their own personal gain or profit.

(c) No Commissioner shall commit any act with respect to the Tribe, the Commission, or an applicant that is illegal, fraudulent, or willfully unfair to either the Tribe, the Commission, an applicant, or a witness.

PRP.5.2.110 Personal Liability and Immunity

(a) To the fullest extent permitted by law, the Tribe shall indemnify members of the Commission and its officers against costs, expenses, and liabilities incurred by them in carrying out their official duties as members of the Commission and its officers.

(b) The Commission, as a delegated body of the Tribal Governing Board pursuant to the Lac Courte Oreilles Constitution, Article V, I (m), is immune, as is the Tribe, from suit and legal process in any state, federal or tribal court as the Lac Courte Oreilles Band of Lake Superior Chippewa Indians has not waived any aspect of its sovereign immunity in enacting this ordinance.

PRP.5.2.120 Commission Action

(a) A majority of the full Commission shall constitute a quorum necessary to conduct Commission business, but no action shall be taken by a vote of less than a majority of such full Commission.

(b) All Commission members are entitled to vote on all issues. At the call of the question, by any one member on a particular issue, voting shall take place thereon. Voting by proxy representation shall be prohibited.

PRP.5.2.130 Minutes

All meetings of the Commission shall be memorialized via meeting minutes. The Secretary shall keep complete and accurate minutes of all meetings of the Commission. Minutes of all meetings shall be distributed to Commission members prior to the next meeting. Minutes shall be provided to the Tribal Governing Board upon adoption by the Commission.

Subchapter PRP.5.3 General Provisions and Procedures in Exercising Tribal Condemnation Authority

PRP.5.3.010 Condemnation of Land for Public Purpose

The Tribe shall have the power to condemn trust land, restricted land, and all other lands under the civil regulatory and adjudicatory jurisdiction of the Tribe whenever such land is deemed by the Tribal Governing Board to be necessary for a public purpose. The exercise of eminent domain shall be initiated by the Tribal Governing Board passing a resolution identifying the land to be taken for a public purpose, the possessory holder and leasehold tenants and the purpose for which the land will be used.

PRP.5.3.020 Uniform Valuation Guidelines

The Commission shall develop and publish, upon the Tribal Governing Board's final approval, Uniform Property Valuation Guidelines for determining the fair market value of property subject to a duly authorized condemnation proceeding. The Commission may utilize any number of factors commonly associated with ascertaining and supporting the valuation of property, including but not limited to: the cost or selling price of the property; sales of comparable properties; replacement costs; and opinions of licensed expert appraisers. Once the Uniform Property Valuation Guidelines have been approved by the Tribal Governing Board, the Commission shall be bound to follow the Uniform Property Valuation Guidelines to fullest extent practicable in determining the Fair Mark Value of Private Property. The Uniform Property Valuation Guidelines may only be amended upon approval by the Governing Board.

PRP.5.3.030 Petition for Ascertainment of Compensation by Tribal Condemnation Commission

In all cases where the Tribal Governing Board shall determine by official action of the Governing Board to take title or otherwise use or convert Private Property as an exercise of its Condemnation Authority, it shall file a Petition to the Tribal Condemnation Commission requesting that the just compensation to be made for such property be ascertained by the Commission.

PRP.5.3.040 Contents of Petition for Ascertainment of Compensation

A petition filed pursuant to Section PRP.5.3.030 shall name the Lac Courte Oreilles Band of Lake Superior Chippewa Indians as Petitioner. The Petition shall contain the following information:

(a) The identity and, if known, mailing address of any person known to the Governing Board to have an interest in or liens upon the Private Property affected by the proposed Condemnation;

(b) A description of the Private Property, including a legal description of any Real Property and any other information necessary to completely and accurately identify the Private Property;

(d) A copy of a resolution of the Tribal Governing Board authorizing the taking of the trust or restricted land described in the petition; and

(e) Any other information required by the Commission pursuant to its lawfully adopted rules and regulations.

PRP.5.3.050 Amendment of Petition

If any person is a proper party Respondent to a proceeding under this Chapter, or any property affected thereby, shall have been omitted from said petition or notice, the Petitioner may file amendments to the same, which amendments from the filing thereof shall have the same effect as though contained in said petition and notice.

PRP.5.3.060 Additional Pleading Not Required

No pleading other than the Petition shall be required in a proceeding under this Chapter, unless ordered by the Commission.

PRP.5.3.070 United States Not an Indispensable Party

The United States shall not be an indispensable party in any proceeding before the Commission under this Chapter.

PRP.5.3.080 Hearing on Right to Take - Time for Demand

Within the earlier of (i) thirty (30) days from the date the publication of the Petition or (ii) 30 days after receipt of the Petition by mail or personal delivery, a Respondent or other interested person may demand a hearing in Tribal Court on the exclusive threshold issue of the Tribe's jurisdiction to exercise its power of Eminent Domain over the private property subject to the proposed Condemnation. Failure to make such a demand or to consent in writing to the taking, within the thirty (30) day period, shall constitute a waiver of the right to question the necessity of the taking. The finding of necessity by the Petitioner, unless based upon fraud, bad faith and/or abuse of discretion, shall be binding on all persons.

PRP.5.3.090 Negotiated Compensation — Evidence of Offer Not Admissible

The Petitioner and any Respondent may mutually agree upon fair market value of the Private Property. Any said agreement must be written and signed by both parties in order to be binding. A binding settlement agreement shall not be subject to Commission review.

The Petitioner may at the time of service of the summons on any Respondent serve an offer in writing to the effect that the Petitioner will deposit with the Tribal Treasury a sum of money specified to be paid to Respondent or other parties entitled thereto as compensation for all of the Private Property taken or damaged.

Settlement negotiations or evidence of deposits hereunder shall not be admissible as evidence in a hearing before the Commission.

PRP.5.3.100 Jurisdictional Determination

Within ten (10) business days after receipt of a Petition, the Commission shall make a preliminary determination on whether it possesses jurisdiction to preside over the dispute in question pursuant to this Code. If the Commission determines that it does not possess jurisdiction over the dispute in question, the Commission shall issue a notice of denial to the Petitioner, in a form prescribed by the Commission, explaining the basis for this determination. The dismissal notice shall constitute a final Commission order that may be appealed to the Tribal Court as set forth in this Chapter. A Commission's preliminary determination that it possesses jurisdiction shall not preclude any Respondent from challenging the jurisdiction of the Commission during the course of the proceedings.

PRP.5.3.110 Hearing on Petition; Service and Publication

(a) If the Commission determines that it possesses jurisdiction over the dispute in question, the Commission shall set a hearing date on the Petition. The Commission shall serve a Notice of Hearing, by personal delivery or U.S. Mail all Respondents identified by the Petitioner in its Petition or any other Respondents known to the Commission to have a legal interest in the Private Property. The Hearing Notice shall include the date and location of the hearing, a copy of the Petition, and copies of any rules and procedures applicable to the hearing.

(b) The Commission shall also publish the Notice of Hearing through one or both of the following means:

(l) Posting the Notice on the official government website of the Tribe;

(2) Publishing the Notice in a newspaper of general circulation on the Reservation.

The publication shall include the identification of the Private Property and the time, date, and location of the hearing. The publication shall also include Commission contact information to obtain a copy of the Petition and any applicable rules and procedures.

(c) Hearings shall be conducted in accordance with rules and procedures adopted by the Commission. All Respondents shall be given an opportunity to be heard and submit documentation probative of the fair market value of the Private Property subject to the proposed Condemnation. Hearing participants may be represented by legal counsel.

PRP.5.3.120 Commission Findings

Within twenty-one (21) days after the Hearing, the Commission shall issue a written set of findings determining the fair market value of the Private Property and the basis for such determination.

PRP.5.3.130 Administrative Review

(a) Any person aggrieved by a final determination of fair market value made by the Commission, within twenty-one (21) days after the fair market value of a property has been ascertained through a written set of findings by the Commission, file a petition for reconsideration with the Commission. The petition for reconsideration shall contain a statement of the grounds for the requested relief and any supporting documentation. The Commission may order a hearing or enter an order on the petitioner for reconsideration without a hearing and shall dispose of the matter within sixty (60) days after the petition has been filed.

(b) The Commission's review on a petition for reconsideration shall be confined to the record, except that in instances where there is the allegation of the discovery of new evidence as to the fair market value of the condemned property, testimony may be taken regarding the new evidence.

(c) Unless the Commission finds a ground for setting aside, modifying, remanding or ordering a certain action, it shall affirm the finding of fair market value.

PRP.5.3.140 Judicial Review - Tribal Court

Appeals from Tribal Condemnation Commission administrative review decisions shall be allowed in the Tribal Court. The Tribal Court shall review the final administrative decision of the Commission using an abuse of discretion standard.

PRP.5.3.150 Effect of Judgement

A final judgement in favor of the Band is conclusive as to the title of the Band, in and to the interest in the trust or restricted land described in said judgement, against any and all parties in said action, including unknown Respondents, and against any and all persons claiming from, through or under such a party by title accruing after the filing of the judgement by the clerk of the Court.

Chapter PRP.7 Housing Authority Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

Preamble

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians to provide for the decent, safe and sanitary dwellings for the members of the Tribe which predates its Treaties of 1825, 1826, 1837, 1842, 1847 and 1854 with the United States Government. In the implementation of this inherent sovereign authority, Article V, §§ 1 (l) and (m) of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to: "organize, charter and regulate any association or group, including a housing authority, for the purpose of providing social or economic benefits to the members of the Band or residents of the reservation" Article V, § 1 (l); and "delegate to subordinate boards, officers, committees or cooperative associations which are open to all members of the Band any of the foregoing powers, reserving the right to review any action taken by virtue of such delegated powers" Article V, § 1 (m). Pursuant to this inherent sovereign authority, the Tribal Governing Board hereby establishes a public body known as the Lac Courte Oreilles Housing Authority (hereinafter referred to as the Housing Authority), and enacts this ordinance which shall establish the purposes, powers and duties of the Housing Authority. In any suit, action or proceeding involving the validity or enforcement of or relating to any of its contracts, the Housing Authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of this ordinance. A copy of this ordinance duly certified by the Secretary/Treasurer of the Tribal Governing Board shall be admissible in evidence in any suit, action or proceedings.

Subchapter PRP.7.1 General Provisions

PRP.7.1.010 Title

This ordinance shall be known as the Housing Authority Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

PRP.7.1.020 Authority

PRP.7.1.030 Declaration of Need

It is hereby declared;

(a) That there exists on the Reservation unsanitary, unsafe, and overcrowded dwelling accommodations;

(b) That there is a shortage of decent, safe and sanitary dwelling accommodations which persons of low income can afford, and that such shortage forces such persons to occupy unsanitary, unsafe and overcrowded dwelling accommodations;

(c) That these conditions cause an increase in and spread of disease and crime and constitute a menace to health, safety, morals and welfare; and that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety protection, fire and accident prevention, and other public services and facilities;

(d) That the shortage of decent, safe and sanitary dwellings for persons of low income cannot be relieved through the operation of private enterprise;

(e) That the providing of decent, safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which money may be spent and private property acquired and are governmental functions of Tribal concern;

(f) There is a lack of available financial assistance through conventional lending institutions for those individuals and families with poor or no credit, and or a lack of financial resources, for those individuals and families that desire to become homeowners;

(g) That residential construction activity and a supply of acceptable affordable housing are important factors to general economic activity, and that the undertakings authorized by this ordinance to aid the production of better housing and more desirable neighborhood and community development at lower costs will make possible a more stable and larger volume of residential construction and a housing supply which will assist materially in achieving full employment; and

(h) That the necessity in the public interest for the provisions hereinafter enacted is hereby declared as a matter of legislative determination.

PRP.7.1.040 Purpose

The Tribe shall provide adequate and affordable housing and housing services to low- and moderate- income Indian families and individuals within the Reservation and any other area served by the Tribe. The Housing Authority shall remain sensitive to the cultural goals of the Tribe. Housing shall be provided in safe and healthy environments in compliance with the requirements, rules, and regulations of the Native American Housing Assistance and Self-determination Act of 1996. The Housing Authority shall provide these services in an impartial and efficient manner. The Housing Authority shall be operated for the purpose of:

(a) Remedying unsafe and unsanitary housing conditions that are injurious to the public health, safety and morals;

(b) Alleviating the acute shortage of decent, safe and sanitary dwellings for persons of low income;

(c) Providing employment opportunities through the construction, reconstruction, improvement, extension, alteration or repair and operation of low income dwellings.

PRP.7.1.050 Territorial Applicability

This ordinance shall govern the housing activities of the Housing Authority pursuant to the provisions of this ordinance within Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

PRP.7.1.060 Effective Date

Except as otherwise provided in specific sections, the provisions of this ordinance shall be effective on the date adopted by the Tribal Governing Board.

PRP.7.1.070 Interpretation

The provisions of this ordinance:

(a) Shall be interpreted and applied as minimum requirements applicable to the Housing Authority activities subject to this ordinance;

(b) Shall be liberally construed in favor of the Tribe;

(d) Shall be interpreted to be in accordance with tribal customary law. Whenever there is uncertainty or a question as to the interpretation of certain provisions of this ordinance, tribal law and custom shall be controlling, and where appropriate, may be based on the written or oral testimony of a qualified tribal elder, tribal historian, or tribal representative. If the traditions and customs of the Tribe are inconclusive in any matter, the Court may use tribal law, federal law or the State law for guidance.

PRP.7.1.080 Severability and Non-Liability

If any section, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. The Tribe further asserts immunity on its part and that of its agencies, employees, and/or agents from any action or damages that may occur as a result of reliance upon and conformance with this ordinance.

PRP.7.1.090 Relation to Other Laws

(a) Applicable Law. Unless affected or displaced by this ordinance, principles of law and equity in the common law of the Tribe and tribal customs and traditions are applicable, and the general principles of law of any other Tribe or any other state may be used as a guide to supplement and interpret this ordinance.

(b) Other Applicable Laws. Additional tribal and federal laws may apply with regard to tribal housing and governmental housing laws and regulations.

(1) Tribal Law. To the extent that this ordinance may conflict with tribal laws or ordinances which have been enacted to comply with statutes or regulations of any agency of the United States, such tribal laws or ordinances shall govern over the provisions of this Code if it has specific applicability and it is clearly in conflict with the provisions of this Code.

(2) Federal Law. Where a conflict may appear between this ordinance and any statute, regulation, or agreement of the United States, the federal law shall govern if it has specific applicability and if it is clearly in conflict with the provisions of this Code.

(3) State Law. To the extent that the laws of any state may be applicable to the subject matter of this ordinance, such laws shall be read to be advisory and not directly binding and shall not govern the relations of the parties.

PRP.7.1.100 Repeal of Inconsistent Tribal Ordinances

All ordinances and resolutions inconsistent with this ordinance are hereby repealed. To the extent that this ordinance imposes greater restrictions than those contained in any other tribal law, code, ordinance or regulation, the provisions of this ordinance shall govern.

Subchapter PRP.7.2 Definitions

PRP.7.2.010 General Definitions

Any term not defined in this section shall be given its ordinary meaning. The following terms, wherever used in this ordinance, shall be construed to apply as follows, except where the context indicates otherwise:

(a) "Abandonment" means the absence from the premises for three consecutive weeks without notification in writing to the Housing Authority.

(b) "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.

(c) "Adjusted Income" means the annual income that remains after the following deductions. In no case shall the deductions exceed household income:

(1) Youth and Students. $480 for each member of the family residing in the household (other than the head of household or the spouse of the head of the household):

(A) Who is under 18 years of age; or

(B) Who is 18 years of age or older and a full-time high school (or GED) student.

(2) Elderly or Disabled Families. $400 for an elderly or disabled head or co-head of household.

(3) Medical and Attendant Expenses. The amount by which 3 percent of the annual income of the family is exceeded by the aggregate of:

(A) Medical expenses, in the case of an elderly or disabled family; and

(B) Reasonable attendant care and auxiliary apparatus expenses for each family member who is a person with disabilities, to the extent necessary to enable any member of the family (including a member who is a person with disabilities) to be employed.

(4) Child Care Expenses. Verified out-of-pocket childcare expenses, to the extent necessary, to enable another member of the family to be employed or to further his or her education.

(5) Earned Income of Minors. The amount of any earned income of any member of the family who is less than 18 years of age.

(6) Excess Travel Expenses. Excessive travel expenses (travel more than 25 miles) for the Head or Co-Head of Household, shall receive a maximum deduction of $25 per family per week, for employment and/or education related travel.

(7) Child Support. Financial obligations paid to another household for the support of minor children.

(d) "Adult Person" means any person 18 years of age or older.

(e) "Affected Persons" means the Tenant who is subject to the provisions of this ordinance, and the Tribe by the Housing Authority.

(f) "Annual Income" or "Income" as defined in in 24 CFR § 5.609 means the following:

(1) Annual income means all amounts, monetary or not, which:

(A) Go to, or on behalf of, the family head or spouse (even if temporarily absent) or to any other family member;

(B) Are anticipated to be received from a source outside the family during the 12-month period following admission or annual reexamination effective date; and which are not specifically excluded in Section PRP.7.2.010(f)(3) below; or

(2) Annual income includes, but is not limited to:

(A) The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services;

(B) The net income from the operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family;

(C) Interest, dividends, and other net income of any kind from real or personal property. Expenditures for amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation is permitted only as authorized in Section PRP.7.2.010(f)(2)(B) above. Any withdrawal of cash or assets from an investment will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where the family has net family assets in excess of $5,000, annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on the current passbook savings rate, as determined by HUD;

(D) The full amount of periodic amounts received from Social Security, annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts, including a lump-sum amount or prospective monthly amounts for the delayed start of a periodic amount (except as provided in Section PRP.7.2.010(f)(3)(N), below);

(E) Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay (except as provided in Section PRP.7.2.010(f)(3)(C), below);

(F) Welfare assistance payments.

(i) Welfare assistance payments made under the Temporary Assistance for Needy Families (TANF) program are included in annual income only to the extent such payments:

(I) Qualify as assistance under the TANF program definition at 45 CFR § 260.31; and

(II) Are not otherwise excluded under Section PRP.7.2.010(f)(3), below.

(ii) If the welfare assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as income shall consist of:

(I) The amount of the allowance or grant exclusive of the amount specifically designated for shelter or utilities; plus

(II) The maximum amount that the welfare assistance agency could in fact allow the family for shelter and utilities. If the family's welfare assistance is ratably reduced from the standard of need by applying a percentage, the amount calculated under this paragraph shall be the amount resulting from one application of the percentage.

(G) Periodic and determinable allowances, such as alimony, child support payments, permanent kinship care payments, and regular contributions of gifts received from organizations or from persons not residing in the dwelling;

(H) All regular pay, special pay and allowances of a member of the Armed Forces (except as provided in Section PRP.7.2.010(f)(3)(G), below).

(3) Annual income does not include the following:

(A) Income from the employment of children (including foster children) under the age of 18 years;

(B) Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, who are unable to live alone);

(C) Lump sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses (except as provided in Section PRP.7.2.010(f)(2)(E), above);

(D) Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member;

(E) Income of a live-in aide, as defined in Section PRP.7.2.010(xx), below;

(F) The full amount of student financial assistance paid directly to the student or to the educational institution;

(G) The special pay to a family member serving in the Armed Forces who is exposed to hostile fire;

(H)(i) Amounts received under training programs funded by HUD;

(ii) Amounts received by a person with a disability that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set aside for use under a Plan to Attain Self-Sufficiency (PASS);

(iii) Amounts received by a participant in other publicly assisted programs which are specifically for or in reimbursement of out-of-pocket expenses incurred (special equipment, clothing, transportation, child care, etc.) and which are made solely to allow participation in a specific program;

(iv) Amounts received under a resident service stipend. A resident service stipend is a modest amount (not to exceed $200 per month) received by a resident for performing a service for the Housing Authority, on a part-time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and serving as a member of the Board of Commissioners. No resident may receive more than one such stipend during the same period of time;

(v) Incremental earnings and benefits resulting to any family member from participation in qualifying State or local employment training programs (including training programs not affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment training program;

(I) Temporary, nonrecurring or sporadic income (including gifts);

(J) Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era;

(K) Earnings in excess of $480 for each full-time student 18 years old or older (excluding the head of household and spouse);

(L) Adoption assistance payments in excess of $480 per adopted child;

(M) Temporary kinship care payments;

(N) Deferred periodic amounts from supplemental security income and Social Security benefits that are received in a lump sum amount or in prospective monthly amounts, or any deferred Department of Veterans Affairs disability benefits that are received in a lump sum amount or in prospective monthly amounts;

(O) Amounts received by the family in the form of refunds or rebates under State or local law for property taxes paid on the dwelling unit;

(P) Amounts paid by a State agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home; or

(Q) Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions set forth in 24 CFR § 5.609 (c) apply. A notice will be published in the Federal Register and distributed to the Housing Authority identifying the benefits that qualify for this exclusion. Updates will be published and distributed when necessary.

(4) Annualization of income. If it is not feasible to anticipate a level of income over a 12-month period (e.g., seasonal or cyclic income), or the Housing Authority believes that past income is the best available indicator of expected future income, the Housing Authority may annualize the income anticipated for a shorter period, subject to a redetermination at the end of the shorter period.

(A) "Area of Operation" means all areas within the jurisdiction of the Lac Courte Oreilles Band of Lake Superior Chippewa.

(g) "Board" means the Lac Courte Oreilles Housing Authority Board of Commissioners.

(h) "Building" is a structure, and any appurtenances or additions thereto, designed for habitation, shelter, storage and the like.

(i) "Common Property" means the non-dwelling structures and equipment, common areas, community facilities, and in some cases, certain component parts of dwelling structures.

(j) "Complaint" means a grievance of any resident or applicant which is presented according to this ordinance.

(k) "Demise" means death, mental incapacity, physical incapacity, or incarceration.

(l) "Dependent" means a member of the family/household (excluding foster children) other than the family head or spouse, who is under 18 years of age or is a disabled person or handicapped person, or is a full-time student.

(m) "Disabled/Handicapped Person" pursuant to 24 CFR § 5.403:

(1) Means a person who:

(A) has a disability as defined in 42 USC § 423;

(B) is determined, pursuant to HUD regulations, to have a physical, mental, or emotional impairment that:

(i) Is expected to be of long-continued and indefinite duration;

(ii) Substantially impedes his or her ability to live independently or in a close and unsupervised proximity to others; and

(iii) Is of such a nature that the ability to live independently could be improved by more suitable housing conditions; or

(2) Does not exclude persons who have the disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome.

(3) For the purposes of qualifying for low-income housing, does not include a person whose disability is based solely on any drug or alcohol dependence; and

(4) Means "individual with handicaps," for purposes of reasonable accommodation and program accessibility for persons with disabilities.

(n) "Disabled Family" pursuant to 24 CFR § 5.403 means a family whose head (including co-head), spouse, or sole member is a person with a disability. It may include two or more persons with disabilities living together, or one or more persons with disabilities living with one or more live-in aides.

(o) "Displaced Family" pursuant to 24 CFR § 5.403 means a family in which each member, or whose sole member, is a person displaced by governmental action, or a person whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized pursuant to Federal disaster relief laws.

(p) "Displaced Person" means any lower income family or individual that moves from the real property or moves his or her personal property from the real property permanently and involuntarily, as a direct result of Acquisition, Rehabilitation, or Demolition.

(q) "Drug Free Public Housing Zone" means any public housing development administered by the Housing Authority plus the area within 300 feet of the property's boundary, or one city block whichever distance is greater which shall be free of selling, possessing, or possessing with intent to sell any illegal controlled substance. Maximum sentencing penalties will be imposed by the courts for unlawful controlled substance crimes committed within this defined zone. Housing Authority has a "zero tolerance" for drug activity; the lease of any Tenant who possesses any amount of a controlled substance in Housing Authority property will be terminated. All Tenants are responsible for the conduct of the members of their household and/or guests. The lease of a Tenant will also be terminated if a guest or household member is found to possess any amount of a controlled substance on Housing Authority property.

(r) "Drug-Related Criminal Activity" means the intent to manufacture, sell, distribute, consume, use, possess a controlled substance (as such term is defined in Section 102 of the Controlled Substance Act) including the possession of drug paraphernalia, as evidenced by documentation from police reports, criminal background information, conviction, or indictment.

(s) "Dwelling Unit" means 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.

(t) "Earned Income" means income derived from employment of household members.

(u) "Elderly and Near Elderly Family" means a family whose head (including co-head), spouse or sole member is an elderly or a near-elderly person, as defined in this section. It may include two or more elderly or near-elderly persons living together, or one or more elderly or near-elderly persons living with one or more live-in aides, or one or more such persons determined under the Indian housing plan for the agency to be essential to their care or well-being.

(v) "Elderly Person" pursuant to 24 CFR § 5.403 means a person who is at least 62 years of age.

(w) "Essential Family" means any individual or family, with regard to eligibility for tribal housing, where the individual or family's need for housing cannot be met without such assistance and the Housing Authority determines that the family's presence is essential to the well-being of Indian families living on the reservation.

(x) "Essential to the Well-being of an Indian Family" means any individual, with regard to eligibility for tribal housing, who is essential to the health and wellbeing of the Tribe.

(y) "Excluded Income" means income not included as annual income as defined in Section PRP.7.2.010(f)(3), above.

(z) "Executive Director or Director" means the individual employed by the Tribal Governing Board to manage the affairs of the Housing Authority as provided for in this ordinance and other relevant documents.

(aa) "Family" pursuant to 24 CFR § 5.403 means, but is not limited to, the following, regardless of actual or perceived sexual orientation, gender identity, or marital status:

(1) A single person, who may be an elderly person, displaced person, disabled person, near-elderly person, or any other single person; or

(2) A group of persons residing together, and such group includes, but is not limited to:

(A) A family with or without children (a child who is temporarily away from the home because of placement in foster care is considered a member of the family);

(B) An elderly family;

(D) A disabled family;

(E) A displaced family; and

(F) The remaining member of a tenant family.

(bb) "Full-time Student" means a person who is carrying a subject load that is considered full-time for day students under the standards and practices of the educational institution attended. An educational institution includes a vocational school with a diploma or certificate program, as well as an institution offering a college degree.

(cc) "Federal government" shall be the United States of America; the Department of Housing and Urban Development or any other agency or instrumentality, corporate or otherwise of the United States of America.

(dd) "Gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, which meets all of the following criteria:

(1) Has as one of its primary activities, the commission of criminal conduct as defined by applicable law; and

(2) Has a common name or common identifying sign(s) or symbol(s); and

(3) Includes members who individually or collectively engage in or have engaged in a pattern of criminal activity.

(ee) "Gang Recruitment" means to recruit, solicit, entice or intimidate any person to join a gang.

(ff) "Gang Reprisal" means to expressly or impliedly threaten to do bodily harm to any person or that person's family or use any other criminally unlawful means to deter or punish any person from leaving a gang, or disassociating himself or herself from gang-related activity, or to deter or punish any reporting to the Housing Authority or any law enforcement agency of any gang-related activity.

(gg) "Gang-related Activity" means the commission of any of the following activities for the benefit of, at the direction of, or motivated by involvement with a gang, with the intent to promote, further, or assist in criminal conduct by gang members:

(1) Distribution of controlled substances;

(2) Using any means, including but not limited to cyber-technology and social media, sometimes known as "cyber-bullying", to threaten anyone with bodily harm, property destruction, libel, invasion of privacy or exposure of personal information or photographs,

(3) Any crime of violence that has an element involving the use or attempted use of physical force against the person on another; or

(4) Any felony offense that by its nature involves a substantial risk that physical force against the person of another may be used in the course of committing the offense, including:

(A) Assault;

(B) Battery;

(D) Compelling organizational membership;

(E) Homicide or manslaughter;

(F) Shooting at an occupied dwelling or motor vehicle;

(G) Kidnapping;

(H) Carjacking;

(I) Robbery;

(J) Burglary;

(K) Drive-by shooting;

(L) Unlawful use or possession of weapons;

(M) Bribery;

(N) Tampering with or retaliating against a witness, victim, informant, or juror;

(O) Rape;

(P) Torture;

(Q) Arson;

(R) Money laundering;

(S) Felony vandalism;

(T) Unlawful sale of a firearm; or

(U) Obstruction of justice.

(hh) "Graffiti" means the intentional marking, drawing, writing with paint, ink or any other substance on, or intentionally etching into Housing Authority property.

(ii) "Grievance" means any dispute to which a resident or applicant may have with respect to Housing Authority action or failure to act which adversely affects their rights, duties, welfare or status.

(jj) "Guest" means any person, other than the tenant, in or around a dwelling unit or on the premises with the permission and consent of the tenant.

(kk) "Head of Household" means the adult member of the family who is the head of the household for purposes of determining income eligibility and rent. In order to be considered as the Head of Household, the person must have the mental capacity to understand the provisions of this ordinance, the lease, and other related documents / forms of the Housing Authority.

(ll) "Homebuyer" means a person(s) who has executed a lease-purchase or purchase agreement with the Authority, and who has not yet achieved homeownership.

(mm) "Household" means all the people who occupy a housing unit. A household includes the related family members and all the unrelated people, if any, such as lodgers, foster children, wards, or employees who share the housing unit. A person living alone in a housing unit, or a group of unrelated people sharing a housing unit such as partners or roomers, is also counted as a household.

(nn) "Housing Authority" or "Authority" means the Lac Courte Oreilles Housing Authority which is the entity that has been delegated the responsibility for carrying out the intent of this ordinance, under the direction of the Executive Director.

(oo) "Housing Plan" or "Plan" means the Indian Housing Plan, or IHP, including housing goals, objectives, and strategies, developed by the Housing Authority together with the Board.

(pp) "Housing Project" or "Project" 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, or cooperative sales contracts or lease-purchase agreements, loans or subsidizing of rentals or charges) decent, safe and sanitary dwellings, apartments, or other living accommodations for project eligible persons. Such work or undertaking may include buildings, land, leaseholds, equipment facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, for streets, sewers, water service, 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 other real and personal property and all tangible or intangible assets held or used in conjunction with the housing project.

(qq) "HUD" means the Department of Housing and Urban Development of the United States Federal Government.

(rr) "Indian" means any person recognized as being an Indian or Alaskan Native by an Indian Tribe, the Federal Government or any State.

(ss) "Indian Family" means a family or family member who is recognized as being an Indian or Alaskan Native by an Indian Tribe, the Federal Government or any State.

(tt) "Kinship Care Payments" means family support payments for the temporary or long-term care of a relative child.

(uu) "Landlord" includes the Housing Authority which is the owner or lessor of a dwelling unit, or premises, intended for the use of tenants.

(vv) "Lease" or "Rental Agreement" means a written agreement, including any written rules and regulations adopted by the Housing Authority containing the terms and conditions of the use and occupancy of real property, dwelling units, buildings or premises, including a lease-to-purchase agreement.

(ww) "Lessee" means a tenant of a dwelling unit or premises, user and/or occupier of real property.

(xx) "Lessor" means the legal, beneficial or equitable owner of property under a lease.

(yy) "Live-in Aide" pursuant to 24 CFR § 5.403 means a person who resides with one or more elderly persons, or near-elderly persons, or persons with disabilities, and who:

(1) Is determined to be essential to the care and well-being of the person(s);

(2) Is not obligated for support of the person(s); and

(3) Would not be living in the unit except to provide necessary supportive services and has no right to reside in the unit if not providing said services.

(zz) "Low Income Family" means a family whose annual income does not exceed eighty percent (80%) of the median income for the area, as determined by the Secretary of HUD with adjustments for smaller and larger families.

(aaa) "Median Income" means, with respect to an area that is an Indian area, the greater of:

(1) The median income for the Indian area, which the Secretary of HUD shall determine; or

(2) The median income for the United States as published.

(bbb) "Members of the Household" means those persons listed in the lease or subsequent lease addendum.

(ccc) "Monthly Adjusted Income" means one-twelfth of adjusted income.

(ddd) "Monthly Income" means one-twelfth of annual income.

(eee) "Monthly Rent" means the rent amount the family pays monthly as determined by the Housing Authority. Monthly Rent may include Flat Rent, Income Based Rent, Minimum Rent and Retroactive Rent. If the Housing Authority supplies all utilities (except telephone or cable TV) and other essential housing services are supplied by the Housing Authority, Monthly Rent equals the Total Tenant Payment. If Housing Authority does not supply utilities and other essential housing service, and these costs are not included in the Monthly Rent amount, Monthly Rent equals Total Tenant Payment less the applicable Utility Allowance.

(fff) "Near Elderly Family" means a family whose head or spouse (or sole member) is at least 55 years of age but below the age of 62 years.

(ggg) "Near Reservation" means occupancy within the townships and cities adjacent to the reservation including but not limited to the townships of Hayward, Bass Lake, Couderay, Exeland, Hunter, Radisson, Round Lake, Sand Lake and Winter.

(hhh) "Notice to Quit" means a notice from the Authority to a tenant terminating a lease or rental agreement and demanding that the tenant and those with him/her leave the premises.

(iii) "Nuisance" means 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.

(jjj) "Obligations" means any notes, bonds, interim certificates, debentures, or other forms of obligation issued by the Authority pursuant to this ordinance.

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

(lll) "Occupancy Standard" means the standards established pursuant to Section PRP.7.5.190 of this ordinance to ensure that the rental units are maintained by the tenants in a safe and sanitary condition and that tenant actions will not impede the peaceful enjoyment of Housing Authority residents and communities.

(mmm) "Pattern of Gang-related Activity" means the commission, attempt to commit, conspiring to commit, or solicitation of two or more predicate gang crimes, provided the criminal acts were committed on separate dates or by two or more persons who are members of, or belong to, the same gang within a one-year period.

(nnn) "Person" means the Housing Authority where the meaning of a portion of this ordinance requires, a public agency, corporation, partnership or other entity.

(ooo) "Persons not Considered a 'Dislocated Person'" means a person who is not required to relocate permanently as a direct result of a rehabilitation project and who will return to the original project within a reasonable period of time (Temporary Relocation).

(ppp) "Person not Eligible for Relocation Assistance" means a person that is not eligible for relocation assistance if any of the following situations occur:

(1) The tenant has been evicted for a serious or repeated violation of the terms and conditions of the lease or occupancy agreement;

(2) Violation of Tribal, Federal, State, or local law or other good cause; or

(3) The person has no legal right to occupy the property under tribal law.

(qqq) "Person with Disabilities" means Disabled/Handicapped as defined in Section PRP.7.2.010(m), above.

(rrr) "Premises" means 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.

(sss) "Presumptive Gang Member" means any person for whom there is any record by any law enforcement agency or court system identifying the individual as meeting any three of the following criteria:

(1) The person has admitted to being a gang member;

(2) The person is observed to associate with known gang members;

(3) The person has gang tattoos to show allegiance;

(4) The person wears gang symbols or colors which are associated with a gang;

(5) The person is photographed with known gang members or shows other overt signs of gang involvement;

(6) The person is recorded and written on gang documents and graffiti;

(7) The person is identified by a reliable source (e.g. a teacher, social worker, law enforcement officer) as being a gang member;

(8) The person is arrested with gang members;

(9) The person corresponds with gang members by telephone, mail, email, etc.; and/or

(10) The person writes gang symbols and other gang affiliation on notebooks, schoolwork, etc.

(ttt) "Publication" means the placement of an advertisement or notice in the newspaper of record for the Housing Authority area. (Newspaper in which legal advertisements are published).

(uuu) "Rent" means the monthly calculated payments to be made to the Authority or lessor from a tenant under a lease or rental agreement.

(vvv) "Rental Unit" means a leased unit for an initial term, followed by a month-to-month tenancy.

(www) "Residency" means the established proof of continuous occupancy of a residence on or near the reservation for a period of three months. Residency must be established prior to being awarded a unit. The burden is on the applicant to prove residency by employers, utility suppliers, school administrators or present landlord.

(xxx) "Single Person" means a person who lives alone and who does not qualify as an elderly family, a displaced person, or the remaining member of a Tenant family.

(yyy) "Surcharge" means the amount charged by the Housing Authority to a Tenant, in addition to rent, for consumption of utilities in excess of the allowance for Housing Authority furnished utilities or for estimated consumption attributable to Tenant owned major appliances or to optional functions of Housing Authority furnished equipment.

(zzz) "Reservation" or "Reservation Lands" means those lands located within the exterior boundaries of the Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

(aaaa) "Temporary Absence" means an absence from the home for a period of longer than two (2) weeks with notification to the Housing Authority.

(bbbb) "Temporary Relocation Dwelling" means a dwelling that is suitable, decent, safe and sanitary to be used by the resident during the rehabilitation period. The relocation dwelling may not necessarily be comparable to the original dwelling as long as the decent, safe and sanitary requirements are met.

(cccc) "Tenant" means the lessee(s), or person(s) entitled under a lease or rental agreement to occupy a dwelling unit or premises to the exclusion of others.

(dddd) "Tenant Rent" means the amount payable monthly by the family as rent to the Housing Authority. Tenant rent does not include utilities

(eeee) "Tribal Court" means the court of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(ffff) "Tribal Governing Board" means the Tribal Governing Board of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(gggg) "Utilities' include electricity, gas, heating fuel (including wood), water, sewage service, septic tank pumping, drain field maintenance and sanitation services.

(hhhh) "Utility Costs" means expenses for heat, cooking, lighting, water, and sewer incurred in the reasonable residential use and occupancy of a dwelling.

(iiii) "Very Low Income Family" means a lower income family whose annual income does not exceed fifty percent (50%) of the median income for the area, as determined by HUD, with adjustments for smaller and larger families.

Subchapter PRP.7.3 General

PRP.7.3.010 Housing Authority

The Tribal Governing Board hereby establishes and empowers the Lac Courte Oreilles Housing Authority to carry out the intent of this ordinance as further defined herein:

(a) The Tribal Governing Board shall appoint a Board of Commissioners who will be responsible for effectuating the Housing Authority Code and the duties as defined in this Chapter. The Board of Commissioners shall act independently of the Tribal Governing Board.

(b) The Tribal Governing Board, by formal action, shall appoint a Liaison(s) which shall be appointed to facilitate communication and coordination between the Tribal Governing Board and the Board. The Tribal Governing Board Liaison(s) shall not be considered a member of the Board.

(c) There shall be an Executive Director for the Housing Authority with the duties and responsibilities as detailed in the Executive Director job description and detailed in this Chapter. The Executive Director shall report to and take direction from the Board of Commissioners, its offers and the Tribal Governing Board in that order. In the event of a conflict of instruction, the Executive Director may present the issue to the full Tribal Governing Board.

(d) The Tribal Governing Board may pursuant to Section TCT.1.3.020 grant a limited waiver of sovereign immunity of the Housing Authority thereby allowing the Housing Authority to be sued in its corporate name, upon any contract, claim or obligation arising out of its activities under this ordinance and thereby authorizes the Housing Authority the option to agree to such a duly issued Tribal Governing Board Resolution to a limited waiver of immunity from suit which it may not otherwise have; but the Tribe expressly does not waive its immunity from suit and shall not be liable for the debts or obligations of the Housing Authority.

(e) The Housing Authority shall have perpetual succession in its corporate name.

(f) The Housing Authority, acting through its Board of Commissioners, shall have the following powers which it may exercise consistent with the purposes for which it has been established:

(1) To adopt and use a corporate seal.

(2) To enter into agreements, contracts and understandings with any governmental agency, Federal, state, tribal, or local (including the Tribal Governing Board) or with any person, partnership, corporation or Indian tribe; and to agree to any conditions attached to Federal financial assistance.

(3) To agree, notwithstanding anything to the contrary contained in this ordinance 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 Authority may include in any contract let in connection with a project stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum salaries or wages and maximum hours of labor and comply with any conditions which the Federal government may have attached to its financial aid to the project.

(4) To obligate itself, in any contract with the Federal government for annual contributions to the Housing Authority, to convey to the Federal government possession of or title to the project to which such contract relates, upon the occurrence of a substantial default (as defined in such contract) with respect to the covenants or conditions to which the Housing Authority is subject; and such contract may further provide that in the case of such conveyance, the Federal government may complete, operate, manage, lease, convey or otherwise deal with the project and funds in accordance with the terms of such contract; provided, that the contract requires that, as soon as practicable after the Federal government is satisfied that all defaults with respect to the project have been cured and that the project will thereafter be operated in accordance with the terms of the contract, the Federal government shall re-convey to the Housing Authority as than constituted.

(5) To lease property from the Tribe for such periods as are authorized by law, and to hold and manage or to sublease the same.

(6) To borrow or lend money, to issue temporary or long-term evidence of indebtedness and to repay the same. Obligations shall be issued and repaid in accordance with the provisions of Section PRP.7.3.030 of this ordinance.

(7) To pledge the assets and receipts of the Housing Authority as security for debts; and to acquire, sell, lease, exchange, transfer or assign corporate personal property or interests therein.

(8) To purchase land or interests in land or take the same by gift; to lease land or interests in land to the extent provided by law.

(9) To undertake and carry out studies and analyses of housing needs, to prepare housing plans, to execute the same, to operate projects and to provide for the construction, reconstruction, improvement, extension, alteration or repair of any project or any part thereof.

(10) With respect to any dwellings, accommodations, lands, buildings or facilities embraced within any project (including individual cooperation or condominium unit); to lease or rent, sell, enter into lease-purchase agreements or leases with option to purchase; to establish and revise rents or required monthly payments, to make rules and regulations concerning the selection of tenants or homebuyers, including the establishment of priorities, and concerning the occupancy, rental, care and management of housing units; and to make sure further rules and regulations as may be deemed necessary and desirable to effectuate the powers granted by this ordinance.

(11) To finance the purchase of a home by an eligible homebuyer in accordance with regulations and requirements of the Department of Housing and Urban Development (HUD).

(12) To terminate any lease or rental agreement or lease-purchase agreement when the tenant 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 action for eviction against such tenant or homebuyer.

(13) To establish income limits, as required by HUD, for admission that insures that dwelling accommodations in low income housing projects shall only be made available to eligible persons of low income.

(14) To develop projects and policies for the purpose of serving non-low income persons that are deemed ineligible for admission in low income housing projects.

(15) To purchase insurance from any stock or mutual company for any property or against any risk or hazards.

(16) To invest such funds as are not required for immediate disbursement.

(17) To establish and maintain such bank accounts as may be necessary or convenient.

(g) It is the purpose and intent of this ordinance to authorize the Housing Authority to secure the financial aid or cooperation of the Federal government in the undertaking, construction, maintenance or operation of any project by the Housing Authority.

(h) No ordinance or other enactment of the Tribe with respect to the acquisition, operation or disposition of Tribal property shall be applicable to the Housing Authority in its operations pursuant to this ordinance.

(i) The Tribal Governing Board does not by the adoption of this ordinance consent to any authorization not accountable to the Tribal Governing Board.

PRP.7.3.015 Board of Commissioners.

(a) Organization. The Board of Commissioners shall be organized in accordance with the following guidelines:

(1) The Board of Commissioners shall be composed of seven (7) persons, all whom must be enrolled members of the tribe. In no case shall a sitting Tribal Governing Board member, or an employee of the Housing Authority be appointed as a Board Member. No individual Commissioner, regardless of position, acting alone and without Board of Commissioner approval is empowered or authorized to take any action or make any public statement regarding the Housing Authority or Board of Commissioners' positions on any matter.

(2) The Tribal Governing Board shall appoint the Chair of the Board. The Board of Commissioners shall elect from amongst itself a Vice-Chair, and a Secretary. In the absence of the Chair, the Vice-Chair shall preside; and in the absence of both the Chair and the Vice-Chair, the Secretary shall preside if a quorum is met.

(3) Any Commissioner may be removed by formal action of the Tribal Governing Board for cause.

(4) The Tribal Governing Board will fill Commissioner vacancies as soon as reasonably possible.

(5) The Commissioner shall be appointed, and may be reappointed, by the Tribal Governing Board. Formal notification by the Tribal Governing Board as to the appointment or reappointment of any Commissioner shall be conclusive evidence of the due and proper appointment.

(b) The term of office for each Commissioner shall be two (2) years and staggered, except that in the case of prior vacancy, an appointment shall be only for the length of the unexpired term. Each Commissioner shall hold office until his or her successor has been appointed. All expirations shall occur on September 30th of each year and all appointments shall commence on October 1st of each year.

(c) Commissioner shall receive compensation for their services including travel and training expenses incurred in the discharge of their duties. Such compensation rates shall be determined and approved by official action of the Tribal Governing Board. Any travel and training compensation shall be reviewed by the Executive Director for budgetary concerns.

(d) A majority of the Commissioners shall constitute a quorum for any regularly scheduled Board meetings. A regularly scheduled meeting with less than a quorum may be held but no action shall be taken.

(e) The Secretary shall be responsible for the minutes of regular and special Board meetings. The Secretary shall keep complete and accurate records of all meetings of the Board.

(f) Regular meetings of the Board shall be held monthly on the third Wednesday of the month or at a time agreed upon by the Board and the Executive Director. Special meetings may be held at the discretion of the Chair or by request of two Commissioners or the Executive Director. Regular and Special meeting notices must be posted. Special meetings shall be limited to only the stated agenda and no regular business may be conducted.

(g) The Chair of the Commissioner in conjunction with the Executive director, shall be responsible for the posting of Notices and Meetings and distribution of Agendas. The Executive Director shall have the duty for scheduling and room reservations for all meetings.

(h) The Executive Director shall submit the following reports to the Tribal Governing Board;

(1) Monthly Report showing:

(A) Summary of the prior month's activities;

(B) Financial condition of the Housing Authority;

(D) Number of units and vacancies;

(E) Any significant problems and accomplishments;

(F) Plans for the future;

(G) Such other information as the Executive Director, the Board of Commissioners, or the Tribal Governing Board deems pertinent.

(2) Annual Report showing;

(A) Summary of the above concerns addressed in the monthly report;

(B) Long-term plans and goals for the Authority.

(i) The annual Indian Housing Plan (IHP) and related budgets submitted to HUD must be approved by the Tribal Governing Board as well as any other operating budgets of the Housing Authority.

(j) The reports, once approved by the Board of Commissioners shall be submitted to the Tribal Governing Board.

PRP.7.3.020 Obligations

(a) The Housing Authority 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. The Housing Authority may issue such types of obligations as it may determine, including obligations on which the principal and interests are payable:

(1) Exclusively from the income and revenues of the project financed with the proceeds of such obligations, or with such income and revenues together with a grant from the Federal government in aid of such project;

(2) Exclusively from the income and revenues of certain designated projects whether or not they were financed in whole or in part with the proceeds of such obligations; or

(3) From its revenues generally.

Any of such obligations may be additionally secured by a pledge of any revenues of any project or other property of the Housing Authority. Neither the Board, the Authority, nor any person executing the obligations shall be liable personally on the obligations by reason of issuance thereof.

(b) The notes and other obligations of the Housing Authority shall not be a debt of the Tribe and the obligations shall so state on their face.

(c) Obligations of the Housing Authority 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 Tribe. The tax exemption provisions of this ordinance shall be considered part of the security for the repayment of obligations and shall constitute, by virtue of this ordinance and without necessity of being restated in the obligations, a contract between:

(1) the Housing Authority and the Tribe, and

(2) the holders of obligations and each of them, including all transferees of the obligations from time to time.

(d) Obligations shall be issued and sold in the following manner:

(1) Obligations of the Housing Authority shall be authorized by a resolution adopted by the vote of a majority of the Tribal Governing Board and may be issued in one or more series.

(2) The obligations shall bear such dates, mature at such times, bear interest at such rates, be in such denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment and at such places, be subject to such terms of redemption, with or without premium, as such resolution may provide.

(3) The obligations may be sold at public or private sale at not less than par.

(e) Obligations of the Housing Authority shall be fully negotiable. In any suit, action or proceeding involving the validity or enforceability of any obligation of the Housing Authority or the security therefor, any such obligation reciting in substance that it has been issued by the Housing Authority to aid in financing a project pursuant to this ordinance shall be conclusively deemed to have been planned, located and carried out in accordance with the purpose and provisions of this ordinance.

(f) In connection with the issuance of obligations or incurring of an obligation, under leases and to secure the payment of such obligations, the Housing Authority, subject to the limitations in this ordinance, may:

(1) Pledge all or any part of its gross or net rents, fees or revenues to which its rights then exists or may thereafter come into existence.

(2) Provide for the powers and duties of obligee and limit their liabilities; and provide the terms and conditions on which such obligees may enforce any covenant or rights securing or relating to the obligations.

(3) Covenant against pledging all or any part of its rents, fees and revenues or against mortgaging any or all of its real or personal property to which its title or right then exists or may thereafter come into existence or permitting or suffering any lien on such revenues or property.

(4) Covenant with respect to limitations on its right to sell, lease or otherwise dispose of any project or any part thereof.

(5) Covenant as to what other or additional debts or obligations may be incurred by it.

(6) Covenant as to the obligations to be issued as to the issuance of such obligations in escrow or otherwise, and as to the use and disposition of the proceeds thereof.

(7) Provide for the replacement of lost, destroyed or mutilated obligations.

(8) Covenant against extending the time for the payment of its obligations or interest thereon.

(9) Redeem the obligations and covenant for their redemption and provide the terms and conditions thereof.

(10) Covenant concerning the rents and fees to be charged in the operation of a project or projects the amount to be raised each year or other period of time by rents, fees and other revenues, and as to the use and disposition to be made thereof.

(11) Create or authorize the creation of special funds for monies held for construction or operating costs, debt service, reserves or other purposes, and covenant as to the use and disposition of the monies held in such funds.

(12) Prescribe the procedure, if any, by which the terms of any contract with holders of obligations may be amended or abrogated, the proportion of outstanding obligations the holders of which must consent thereto, and the manner in which such consent may be given.

(13) Covenant as to the use, maintenance and replacement of its real or personal property, the insurance to be carried thereon and the use and disposition of insurance monies.

(14) Covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition or obligation.

(15) Covenant and prescribe as to events of default and terms and conditions upon which any or all of its obligations become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived.

(16) Vest in any obligees or any proportion of them the right to enforce the payment of the obligations or any covenants securing or relating to the obligations.

(17) Exercise all or any part or combination of the powers granted in this section.

(18) Make covenants other than and in addition to the covenants expressly authorized in this section, of like or different character.

(19) Make any covenant and do any acts and things necessary or convenient or desirable in order to secure its obligations, or, in the absolute discretion of the Housing Authority, tending to make the obligations more marketable although the covenants acts, or things are not enumerated in this section.

PRP.7.3.030 The Executive Director

The Executive Director shall be hired by the Tribal Governing Board and shall have the day-to-day responsibilities and duties for the operation of the Housing Authority. The Executive Director shall work in conjunction with the Board of Commissioners and the Tribal Governing Board on all matters related to the daily operations and strategic operations of the Housing Authority. The Executive Director shall have those powers as stated in this section:

(a) The Executive Director Powers and Duties:

(1) To hire, terminate, and supervise all Housing Authority staff. This duty shall primarily remain with the Executive Director but shall provide a monthly report to the Board of Commissioners, of which the Board shall review and approve such actions taken by the Executive Director.

(2) To advise, develop, and implement, in conjunction with Board of Commissioners to address ongoing housing projects and housing services needs of enrolled members of the tribe and such other persons or entities the Housing Authority may serve.

(3) To research and develop plans to addressing housing tenants needs/concerns and communicate them to the Board of Commissioners.

(4) Assist in the creation and review and provide recommendations on policies governing the activities of the Housing Authority, and other such policies as requested by the Board of Commissioners or the Tribal Governing Board and to implement the same.

(5) To develop and implement in conjunction with the Board of Commissioners a Strategic Plan to address ongoing Housing needs for the tribe, focusing on HUD requirements.

(6) To review and provide information on the development of the annual Indian Housing Plan and the annual Performance Report.

(7) To provide advice as directed by the Tribal Governing Board or requested by the Board of Commissioners on matters relevant to the Housing Authority and the purposes defined in Section PRP.7.3.030(a)(8) of this ordinance.

(8) To run the daily operations of the Housing Authority.

(b) Advisory Capacity. The Executive Director shall serve in an advisory capacity to the Tribal Governing Board and the Board of Commissioners to promote comprehensive planning, delivery of housing services and evaluation of housing programs.

(1) "Advisory Capacity" to the Tribal Governing Board means that the Board of Commissioners shall assist the Tribal Governing Board in understanding the housing projects and housing services needs of members and such other persons or entities the Housing Authority may serve. As with other Tribal Committees, Boards and Commissions the Board of Commissioners do not supervise the Tribal Governing Board on Tribal Housing matters nor is it empowered to require that certain actions be taken or to require or demand that the Tribal Governing Board engage in or approve any particular recommended course of action. The Board of Commissioners shall review but does not have approval authority over all required or requested reports that the Executive Director submits to the Tribal Governing Board. Such duty or authority of review does not extend to reports or portions thereof that may be deemed confidential. The Chairperson or the Secretary of the Board of Commissioners may also be present at all meetings where the Director is expected to present or submit required or requested reports.

(2) "Advisory Capacity" to the Board of Commissioners r means that the Executive Director shall assist the Board of Commissioners in understanding the housing and housing project needs of Lac Courte Oreilles Tribal members and such other persons or entities as the Housing Authority may serve and in the planning and delivery of those services and evaluation of housing and Department programs. The Executive Director is not authorized to supervise the Board of Commissioners on Tribal Housing matters or to require or demand that the Board of Commissioners engage in or approve any particular recommendation and shall not be involved in Housing Authority personnel matters except upon Tribal Governing Board request and then in only an advisory capacity.

PRP.7.3.040 Miscellaneous [Repealed]

Repealed.

PRP.7.3.050 Cooperation in Connection with Projects [Repealed]

Repealed.

PRP.7.3.060 Relation to Federal Law [Repealed]

Repealed.

Subchapter PRP.7.4 Housing Court

PRP.7.4.010 Housing Court Division

There is hereby established a Housing Court Division of the Lac Courte Oreilles Tribal Court exercising jurisdiction pursuant to this ordinance as follows:

(a) The chief judge and any associate judges of the Lac Courte Oreilles Tribal Court shall serve as judges of the Housing Court. Any magistrate of the Tribal Court shall serve as magistrate of the Housing Court with such powers as are provided in Chapter TCT.2 and in this ordinance.

(b) All matters under this ordinance shall be filed with the Housing Court.

(c) In the event that a Housing proceeding is transferred to the Housing Court from any other Court, the Housing Court shall require conformity with the substantive and procedural law of the Tribe, and shall permit amendment of pleadings and other actions necessary to effect jurisdiction over the matter and for conformity with this ordinance.

(d) All hearings in the Housing Court shall be without a jury. All proceedings shall be recorded electronically or verbatim by a licensed court reporter. The Housing Court Division may conduct hearings by telephone and may allow any party or witness to appear by telephone under such procedures as will best protect the rights of all parties.

PRP.7.4.020 Full Faith and Credit

(a) The Housing Court, Executive Director, and other officials of the tribal government shall grant the public acts, records and judicial proceedings of other entities, applicable to Housing proceedings, full faith and credit to the same extent such entities give full faith and credit to the public acts, records and judicial proceedings of the Tribe.

(b) Without limitation to Section PRP.7.4.020(a) above, the Housing Court may, upon filing, accept a case originally brought in another Court.

PRP.7.4.030 Jurisdiction over Housing Matters

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

(a) All lands under the purview of the Housing Authority;

(b) All buildings which may lie upon lands held under the purview of the Housing Authority;

(c) The Housing Authority is the entity that rents, leases or allow persons to occupy housing, dwellings or accommodations for the purpose of human dwelling, occupation, or residence. The Tenant means the lessee(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. Such personal jurisdiction is extended over the Housing Authority and said Tenants whether or not they are members of the Tribe and whether or not they have a place of business within the Reservation;

(d) All contracts, liens, instruments or other agreements to which the Authority is a party; and

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

PRP.7.4.040 Parties

(a) In the absence of a specific provision in this ordinance or a court order to the contrary, all Affected Persons, as defined in Section PRP.7.2.010(e) of this ordinance, shall be parties to a Housing Court proceeding.

(b) In all proceedings before the Housing Court, the Housing Authority shall represent the interests of the Tribe, which may be through the Executive Director or a designated representative of the Authority. The Executive Director or a designated representative of the Authority may be represented by the Tribal Prosecutor or other Tribal Attorney appointed by the Tribe to represent its interests before the Housing Court.

(c) Any party to a proceeding under this ordinance may be represented by an attorney or lay advocate at the party's expense, provided the attorney or lay advocate is admitted to practice before the Tribal Court.

(d) Upon a showing of good cause, and if the best interests of the Tribe so indicate, the Housing Court may order, allow, or invite persons other than affected persons to intervene and participate in any or all phases of the proceeding.

PRP.7.4.050 Discovery

(a) Copies of all law enforcement reports, relevant to a proceeding under this ordinance, including all officers' memoranda and witness statements, shall be made available by the Tribal Prosecutor, the Housing Authority upon request of a party, or tenant counsel prior to the initial hearing in any matter.

(b) All records which are relevant to a proceeding under this ordinance, and which are in the possession of the Housing Authority, shall be open to inspection by tenant counsel upon demand without release, unless privileged, unless release is required by tribal or federal law, or unless the records contain statements given under a promise of confidentiality or contain material the non-disclosure of which is necessary to protect the interests of the Tribe. If any records are not released to a requesting party, the reason shall be given to the party, who may ask the Housing Court to review the denial of the request, in which case the Housing Court may, in its discretion, view the records in camera in order to decide whether to order the records released. Any party not represented by counsel may have access to records upon order of the Housing Court, which may be entered ex parte. Persons entitled to inspect records may obtain copies of them at their expense upon permission of the Housing Authority or the Housing Court. The Housing Court may require counsel or parties not to disclose material contained in the records to any other person if the Housing Court reasonably believes such disclosure would be harmful to the Tribe.

PRP.7.4.060 Informal Disposition

The Executive Director and affected parties may upon mutual consent petition the Housing Court to institute peacemaking proceedings in any case subject to the provisions of this ordinance. Peacemaking shall occur pursuant to the direction of the Housing Court under rules and procedures established, formally or informally, by the peacemaker or peacemakers appointed by the Tribal Court, provided that at any time that the Executive Director deems it appropriate, proceedings may be instituted under any other Subchapter of this ordinance.

PRP.7.4.070 Accelerated Proceedings

Notwithstanding any other provision of this ordinance, the Housing Court may, upon proper notice or waiver of notice, accelerate and combine any of the hearings provided for in this ordinance. The Housing Court may require the accelerated preparation of any required documents or may waive the submission of such documents, except that any document required as a prerequisite to an action may not be waived.

PRP.7.4.080 Right of Access to Records

Any party deemed appropriate by the Housing Court, whom has been the subject of a hearing pursuant to this ordinance, has the right, to review all of the Court's files on these matters subject to redaction or the rights of confidentially as required by Tribal or federal law.

Subchapter PRP.7.5 Admissions and Occupancy

PRP.7.5.010 Rules and Regulations

The Housing Authority may develop, promulgate, implement and enforce reasonable policies and rules and regulations regarding the use and occupancy of the premises in addition to those described in this subchapter.

PRP.7.5.020 Purpose

The purpose of this subchapter is to govern the eligibility, selection and operation of the rental program of the Housing Authority in conformance with Tribal law, the requirements of the Native American Housing and Self-Determination Act of 1996 (NAHASDA), and those regulations established at 24 CFR Part 1000. The Housing Authority may enact more stringent policies and procedures in accordance with providing a safe and healthy environment. All other admissions policies, resolutions, motions and similar actions pertaining to the Housing Authority that are inconsistent with the provisions of this ordinance are hereby repealed unless specifically re-enacted after adoption of this policy. Any ambiguities that may be found during the application of this subchapter will always be interpreted in favor of the Housing Authority's efforts to provide a safe and healthy living environment.

PRP.7.5.030 Special Rules Pertaining to the LIHTC

Special rules may apply to resident's applying to reside or currently residing in Low Income Housing Tax Credit Program ("LIHTC"). These units are subject to the requirements of § 42 of the Internal Revenue Code (as amended) and Chapter 5 of the HUD Handbook § 4350.3 (as amended).

PRP.7.5.040 Application Fraud

If a family intentionally misrepresents household composition or income at any time in order to avoid the resulting required monthly payment will be required to pay the difference between what was paid and what would have been paid during the period in question. Furthermore, any information provided to the Housing Authority which is subsequently found to be fraudulent or an intentional misrepresentation shall be grounds for immediate termination of the lease and from participation in Housing Authority programs for a period of 5-years and subject to any possible convictions and sanctions HUD.

PRP.7.5.050

Applicants of the Housing Authority for rental housing must meet the following requirements:

(a) The family must be a Low-income Family or a Non-Low-income Family as further defined in Section PRP.7.2.010(yy) of this ordinance; and

(b) The family is:

(1) An Indian family; or

(2) An essential family where:

(A) The family's need for housing cannot be met without such assistance; and

(B) The Housing Authority determines that the family's presence is essential to the well-being of Indian families living on the Reservation; or

(3) A law enforcement family where:

(A) The family includes a law enforcement officer who is employed on a full-time basis by the Tribe, federal government, state, county, or other unit of local government;

(B) In implementing such full-time employment, is sworn to uphold, and make arrests for, violations of federal, state, county, or tribal law; and

(C) The Housing Authority determines that the presence of the law enforcement officer on the Indian reservation may deter crime; and

(c) All applicants must have sufficient verifiable income to pay basic household expenses (including the minimum rent charge as defined in Section PRP.7.5.180 of this ordinance).

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;

(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.

PRP.7.5.070 Dependents

All dependent(s) listed on the application must be the lawful dependent(s) of the applicant. In the case of shared physical placement, in order for a dependent child to be counted as a member of the applicant's household for eligibility purposes, the applicant must show proof that the applicant has primary physical placement of the child; that is, that the child lives with the applicant. The burden of proof is on the applicant/tenant and must be shown by at least one of the following types of documentation:

(a) An agreement between the parents bearing the notarized signatures of both parents assigning primary placement of the child to the applicant; or

(b) A court order, certified by the court as currently in effect, assigning primary physical placement of the child to the applicant.

PRP.7.5.080 Application Procedure

(a) Any family may apply for admission to the rental housing program. Families may apply for both rental and homeownership, but must submit a separate application for each program.

(b) All applications will be dated and time-recorded as received and ranked in accordance with the Selection Preferences in Section PRP.7.5.110 of this ordinance.

(c) Verification and Certification of Family Composition. The Housing Authority shall verify household composition for determination of eligibility for unit size.

(1) As a condition of admission to, or continued occupancy of any unit, the Housing Authority shall require all applicable family members, as requested, to execute a consent form authorizing the Release of Information. The Housing Authority shall also require the family to submit the documentation necessary to verify eligibility or continued occupancy. Information or documentation shall be determined to be necessary if it is required for purposes of determining or auditing a family's eligibility to receive housing assistance, for determining the family's annual income or for verifying related information. The use or disclosure of information obtained for a family or from another source pursuant to this release and consent shall be limited to Housing Authority purposes.

(d) Utility Check. If applicant has an outstanding utility bill, the applicant can apply and be placed on the waiting list but cannot be awarded a unit until such financial obligation is paid in full.

(e) Criminal Background Check. Pursuant to applicable laws and regulations the Housing Authority will require any applicant and adults who will occupy the home to execute a consent to a criminal records background check through any Tribal, local, state or federal law enforcement agency.

(f) Juvenile Background Check. All minor children of an applicant family between the ages of 13 and 18 will require a criminal background check to the extent allowed by law.

(g) Criminal Activity. Criminal activity five years old or less, that resulted in bodily harm to any individual and/or was drug related will result in the applicant being deemed ineligible, unless there is evidence of rehabilitation to reasonably ensure that such activity will not be repeated.

(h) Fraud and Misrepresentations. The Housing Authority will notify an applicant in writing if any misrepresentations of information such as, household composition, other stated facts or incomplete information are revealed through the verification process. Fraudulent or intentional misrepresentation of information shall result in a determination of ineligibility for housing assistance and may also result in the referral to the proper authorities.

PRP.7.5.090 Notice to Applicants

(a) Eligible Applicants. When a determination has been made that an applicant is eligible and satisfies all requirements to be placed on the waiting list the Applicant shall be notified in writing of their placement on the waiting list.

(b) Ineligible Applicants. If an applicant is determined to be ineligible for admission to a housing program, the Housing Authority shall promptly notify the applicant.

PRP.7.5.100 Waiting List Eligibility

Only applicants determined to be eligible shall be placed on the waiting list. In the event that an applicant is subsequently found ineligible they may be removed from the waiting list. The Housing Authority shall promptly notify the applicant of their removal from the waiting list.

PRP.7.5.110

Applications are ranked first by preference points and then by date of application and time of application pursuant to the following criteria:

(a) Lac Courte Oreilles Citizen (Member): 25 points

(Applicant or child is a Lac Courte Oreilles Citizen (Member))

(b) Other Indian Applicant: 15 points

(Citizen (Member) of another federally recognized tribe)

(d) Law Enforcement Family: 5 points

(e) Honorably Discharged Veterans: 5 points

(Must provide a current DD214)

(f) Existing Tenant Transfer Preference: 5 points

PRP.7.5.120 Waiting List Placement

Applicants are advised that placement on the waiting list does not guarantee selection for housing.

PRP.7.5.130 Unit (Bedroom) Size

(a) The waiting list shall be divided according to bedroom size and eligible applicants will be placed on the appropriate waiting list as determined by the Housing Authority. In determining the size of the unit required, the Housing Authority will consider the age, sex, structural needs, location, handicap or disability needs and any other factors deemed appropriate.

(b) While on the waiting list, if a family subsequently requires a different bedroom size, they will be placed accordingly on the waiting list and will maintain their original application date.

PRP.7.5.140 Waiting List Updating

The waiting list shall be updated as new applicants are approved to be placed on the waiting list.

PRP.7.5.150 Renewal

Rental applicants are required to update their application at sometime within the twelve (12) month anniversary date of their application. Failure to update the application will result in the applicant being removed from the waiting list. The Housing Authority shall promptly notify the applicant of their removal from the waiting list. This section shall not apply to homebuyer or other waiting lists.

PRP.7.5.160 Selection Procedure

(a) Prior to selection of an applicant, verification must be made of their continued eligibility for housing by contacting their utility suppliers, employers, landlord for current information, other third parties, etc.

(b) When a unit becomes available, selections are made by contacting the next person on the waiting list.

(c) Selected applicants will be notified telephonically or by certified US mail of the availability of a unit. If all attempts to contact the applicant are unsuccessful and/or there is no response from the applicant within three (3) days of receipt of the notice, as verified by the certified US Mail Delivery of Receipt card, the applicant will be taken off the Waiting List.

(d) Emergency Placements Due to Fire. The Housing Authority shall give priority to a Tenant family whose home has been destroyed by fire unless the damage was determined to be the result of the Tenant's intentional conduct, negligence, damage or misuse of the property. Emergency placements shall supersede pending awards to waiting list applicants.

(e) Elderly/disabled families will be given preference for units specifically built for elderly/disabled families. Where there are no eligible elderly/disabled families to fill a vacancy, the Authority may allow admission of a near elderly family.

PRP.7.5.170 Pre-Admission Requirements

(a) After selection and applicant acceptance of a rental unit the adult family members will participate in a mandatory orientation with the Housing Authority staff prior to move-in which will consist of the following (not necessarily in this order):

(1) Review the terms and conditions of the residential lease agreement;

(2) Review the information utilized to calculate rents and other payments;

(3) Collect the required security deposit;

(4) Sign all forms required by the Housing Authority; and

(5) Review applicable policies of the housing program.

(b) The Housing Authority shall make arrangements for utility services to be placed in the Tenant's name after the lease agreement is executed except for utilities paid directly by the Housing Authority.

(c) Two original copies of the lease shall be signed by the Executive Director or designee, and all required Tenant(s), before the family may be admitted to a unit. One copy shall be kept in the Tenant's file and the other given to the Tenant.

(1) LIHTC Program: All adult household members will be required to sign the LIHTC Lease Addendum acknowledging their understanding of the requirements of the LIHTC program.

(d) A move-in inspection will be conducted for the purpose of the Tenant identifying any potential unit deficiencies.

PRP.7.5.180 Tenant Financial Obligations and Responsibilities

(a) Monthly Rent.

(1) Due Date. Rent and homebuyer payments are due on or before the 10th day of each month.

(2) Where and How to Make Payments.

(A) Rent payments may be made at the Housing Authority administrative offices or sent by mail to LCO Housing Authority, 13416 W Trepania Road, Hayward, WI 54843. Cash should not be sent by mail.

(B) Payments may be made by cash, money orders, personal checks, or credit/debit cards.

(C) Tenants shall be strongly encouraged to participate in employer payroll deduction programs so that rent payments are automatically paid each month.

(3) Rent Calculation. Rent is based upon a family's annual income minus authorized deductions; the resulting adjusted income is divided by twelve months which will be the adjusted monthly income (AMI). The resulting AMI will be multiplied by a percentage not to exceed 30% but in no instance will the rent be less than $25 per month.

(A) Any rent calculation percentages that are less than 30% will be subject to Board of Commissioner review and Tribal Governing Board approval by passage of a formal resolution.

(B) Monthly rent shall also consist of other additional monthly charges assessed by the Housing Authority, as further defined in this ordinance or other Housing Authority policies.

(4) Anticipated Annual Income. If it is not feasible to anticipate a level of income over a 12-month period, the income anticipated for a shorter period may be annualized subject to a redetermination at the end of the shorter period.

(A) If a Tenant is employed for a pre-determined length of time (e.g. teachers), their payments may still be calculated on an annual basis, with a 12-month calculation, and a monthly charge for each of the 12 months of the year.

(5) Non Low-Income Family. A family that was low-income at the time of initial occupancy but subsequently becomes a non-low-income family due to an increase in income may continue to participate in the program in accordance with the admission and occupancy policies. Such families may continue to participate in the program subject to the following additional requirements;

(A) Non-low-income families cannot receive the same benefits provided low-income Indian families. The amount of assistance non-low-income families may receive will be determined as follows:

(i) The rent to be paid by a non-low-income family cannot be less than: (Income of non-low-income family/Income of family at 80 percent of median income) × (Rental payment of family at 80 percent of median income) but need not exceed the fair market rent or value of the unit.

(6) LIHTC Program. The Gross Rent (tenant paid rent plus utility allowance) will not exceed the LIHTC maximum rent limits established for Sawyer County.

(b) Ceiling Rents. Maximum ceiling rent determination will be subject to Board of Commissioner review and Tribal Governing Board approval by passage of a formal resolution.

(c) Recertification. The Housing Authority shall conduct a recertification once every two-years on the anniversary of the move-in date. The Housing Authority may conduct a recertification at any other time that the Housing Authority believes conditions have materially changed from the last certification or as requested by the Tenant due to a change in household income or family composition. Recertification may include a re-examination of the criminal records of all adult members of the household, and of all juvenile members to the extent allowed by law.

(1) LIHTC Program. Housing Authority shall require all households residing in LIHTC units to complete recertification paperwork annually.

(A) The head-of-household must complete the recertification form to include all household members and all adult household members must sign the Release of Information and any other forms required by the Housing Authority.

(B) The Housing Authority shall verify information provided at the time of recertification in accordance with Section PRP.7.5.080(c) of this ordinance, Verification and Certification of Family Income and Composition.

(d) Effective Date. All increases in rent or other payments shall take effect on the 1st day of the second month following the date of the recertification. Decreases in rent will take effect immediately on the 1st day of the next month.

(e) Housing Authority Purchased Utilities/Sanitation Services. A monthly charge for gas, electricity, water/sewer and sanitation services shall be assessed for those units which the Housing Authority pays, as determined by the Housing Authority. Failure to pay these assessed charges will be cause for eviction.

(f) Tenant Purchased Utilities. All utilities provided to the unit will be in the name of the head of household, unless otherwise approved by the Housing Authority. Failure to maintain the utilities is cause for eviction. Further, the head of household, as the Tenant of record, will sign a Release of Information for each utility to allow the Housing Authority to receive utility information on the unit as requested.

(g) Miscellaneous Charges.

(1) Late Fees. If payments are not received by the 10th day of the month, a late fee as determined by the Housing Authority, will be assessed.

(2) Returned Check Fees. If a check is returned for insufficient funds, a fee as determined by the Housing Authority will be assessed to the Tenant's accounts receivable and the Tenant will no longer be able to pay with a personal check for a period of twelve (12) months. The Tenants name will be place on a bad check list, which will be placed in a location visible to the general public.

(3) Insurance Related Charges. The Housing Authority will charge the Tenant for any insurance deductibles or damages to the units which are the result of the Tenant's negligence, damages or misuse of the property. The Tenant will be allowed an appropriate period of time to correct the situation. If the corrective action is not completed within the appropriate period, eviction proceedings may commence, unless satisfactory arrangements are made. If negligence, damages or misuse are repeated, eviction proceedings may commence.

PRP.7.5.190 Terms and Conditions of Occupancy

(a) Authorized Residents. Only those persons identified in the lease can reside in the unit. Additional household members are not authorized without the prior written consent of the Housing Authority.

(b) Unauthorized Residents. Under no circumstances will the following individuals be allowed to reside in a Housing Authority unit, temporarily or permanently;

(1) Formerly Evicted Person. A person who has been evicted from a unit of the Housing Authority, or who at the time of the eviction was a member of the household of a person who has been evicted from a unit of the Housing Authority, may not be given temporary or permanent housing in a unit of the Housing Authority unless otherwise granted a waiver pursuant to Chapter MCC.6 of the LCOTCL – Pardon and Forgiveness Code.

(2) Harboring. A person who is wanted for questioning or for arrest by any law enforcement agency, or who has escaped or absconded from the custody of any law enforcement or correctional agency, may not be given temporary or permanent housing in a unit of the Housing Authority.

(c) Head of Household Demise. In the event of the demise of the head of household, which is not related to criminal or nefarious activity related activities in a Drug Free Public Housing Zone, the unit shall be assigned to the remaining members of the Tenant family as identified on the lease unless one of the following circumstance arises;

(1) All of the remaining household members are minor children, the person appointed legal guardian of the children shall have the right to occupy the unit as head of household in order to allow the minor children to remain in the unit, provided that the notice procedures as set forth in this section are followed.

(A) Within 30 days of the demise of the head of household, any person petitioning to be appointed legal guardian and desiring to occupy the unit with the children shall notify the Housing Authority of the petition and of the intent to occupy the unit with the children and shall provide to the Housing Authority a copy of the guardianship petition.

(B) In the event more than one-person petitions for guardianship, any person awarded temporary guardianship shall have the occupancy rights stated in this section for as long as the temporary guardianship lasts, provided the named guardian immediately provides a copy of the court order to the Housing Authority establishing temporary guardianship. Finally, the person appointed permanent guardianship shall immediately provide a copy of the court order to the Housing Authority.

(C) Any person petitioning for guardianship who has provided notice of an intent to occupy the unit under this section, shall conscientiously prosecute the guardianship petition so that it is resolved promptly, and shall apprise the Housing Authority of the state of the guardianship proceeding upon Housing Authority request. The Housing Authority may terminate occupancy under this section if the petitioner fails to comply with the requirements of the preceding sentence.

(2) In instances where the head of household is a single Tenant, the unit will revert back to the Housing Authority and all personal property will revert to the designee as identified on the lease. If there is no designee, the personal property recipient will be determined through probate action. All personal property must be removed from the unit within 30 days of the demise by the designee. If not removed by the designee, the Housing Authority will remove the personal property to storage. Stored property may be released to the remaining members of the immediate family by consensus in writing, unless a copy of a probate petition (involving probate of the personal property) has been served on the Housing Authority and must be claimed within 30 days. If such a probate petition has been served, then the Housing Authority will only release the property as ordered by the court exercising probate jurisdiction. Any storage costs will be applied to the security deposit.

(3) LIHTC Program. If the appointed Legal Guardian was not a member of the original household composition at move-in they will be required to income qualify for the LIHTC unit, i.e. the change in Head of Household will result in the household being treated as a new "move-in".

(d) Military Duty. In the event that a Tenant is called to military duty for a period exceeding thirty (30) days:

(1) The unit will be occupied by the remaining members of the Tenants family;

(2) The unit will be temporarily occupied by a responsible person chosen by the Tenant and approved in writing by the Housing Authority; or

(3) The Tenant will be responsible for the storage of their personal property during the absence and the Housing Authority will select a Tenant from the waiting list to occupy the unit until the original Tenant returns. Upon the return of the original Tenant, the temporary Tenant will be offered the next appropriate unit when it becomes available. The original Tenant shall make every possible effort to keep the Housing Authority informed of their possible return date.

(e) Temporary Absences. The Housing Authority must be notified in writing and the Tenant must receive authorization by the Housing Authority of any temporary absences that will exceed fourteen (14) days. In no instance will a Tenant be allowed an absence to be longer than thirty (30) days.

(f) Abandonment. If the Housing Authority has declared a unit abandoned, as identified below, the Housing Authority will secure the unit. If the Housing Authority determines that waiting for a response from the Tenant will result in potentially significant damage to its property, the Housing Authority reserves the right to immediately take control of the unit.

(1) If the Housing Authority has reasonable cause to believe that the premises have been vacated, e.g., reports or statements from neighbors, family members, employers and utility providers, a notice will be sent to the Tenant that the Housing Authority has cause to believe that the home has been abandoned and to respond within three days (3 days) of receipt of the notice or the Housing Authority will terminate the lease and take possession of the premises.

(2) At the end of 3 days, the Housing Authority will send another notice that it has taken possession of and secured the unit; the lease has been terminated effective the date of the letter and that any attempt to enter the premises would be considered trespass. Any possessions remaining in the unit will be removed and stored at the Tenant's expense. A move out inspection will be conducted; the utilities transferred to the Housing Authority, and the Tenant will be charged for any damages beyond the security deposit.

(g) Transfers.

(1) Transfers from one unit to another shall be allowed and is required when the size of the unit is no longer appropriate for the size of the family, if the family/household is in complete compliance with their current lease. The change in household composition must be permanent or expected to be permanent.

(A) If the unit is over-occupied, the Tenant may make application for transfer which shall be treated as a new application.

(B) If the unit is significantly under-occupied, the Authority shall offer a smaller unit to the Tenant, if available, or place the Tenant on the waiting list. If the Tenant refuses to move to the smaller unit, the Authority shall proceed with eviction proceedings.

(2) Transfers between communities are allowed if the residents can locate another family with which to "trade" units. The trade must be pre-approved by the Executive Director and the occupants must agree to accept the unit in its present condition.

(3) Prior to allowing a transfer or trade, Resident Services Counselor must inspect the unit to ensure compliance with the current lease. The Tenant Accounts Receivables Clerk shall review the Tenant account for compliance.

(4) All families/households transferred, or trading units will be required to execute a new lease for the unit transferred into.

(5) Existing Tenant Transfer Preference. Existing tenants in good standing may be given preference points for placement on the waiting list. Tenants deemed eligible whom desire to utilize this transfer option must fill out an application and will be placed on the appropriate waiting list. The following criteria must be met and maintained by the tenant in order to be eligible for this preference:

(A) No compliance violations within the past 24 months;

(B) No late payments within the past 24 months;

(D) No outstanding balances owed to any utility company;

(E) No activities in the past 24 months which has prevented other tenants from the peaceful use of their rental units;

(F) Existing rental unit must be first inspected and determined to be in exceptional condition with only normal wear and tear and no visible signs of tenant caused damages.

(6) LIHTC Program. Families/Households may transfer to units within an LIHTC project without having to income qualify. However, if a family/household desires to transfer to a unit within a different LIHTC project, the household/family will be required to income qualify in order to be eligible to transfer.

(h) Unit Access/Entry and Inspections. Pursuant to the Housing Authority lease, residents are required to allow unit access/entry by Housing Authority staff and their authorized representatives for the following purposes:

(1) Scheduled/Routine Inspections. The Housing Authority is required to perform inspections of its rental units to ensure that it is maintained in a decent, safe and sanitary condition pursuant to §§ Section PRP.7.11.030, Section PRP.7.11.040, and Section PRP.7.11.050 of this ordinance. The frequency of the inspections is dependent on the particular unit and the associated program requirements. Housing Authority staff will inform tenants of the inspection frequency requirement during admission and if and when the interval should change during their tenancy. Tenants are encouraged to participate in the inspection process and inform staff of any issues that may have not been addressed by the inspector.

(2) Unscheduled Inspections. The Housing Authority reserves the right to inspect any unit pursuant to Section PRP.7.11.060 of this ordinance, with or without notice, to ensure the unit is being maintained in a decent, safe and sanitary condition. This shall include and not limited to suspected lease violations.

(3) Law Enforcement Entry. By entering a lease with the Housing Authority, the Tenant authorizes the Housing Authority to consent on his or her behalf to any entry or search of his or her unit, as requested by any law enforcement official, and agrees to hold harmless the Housing Authority, its officers, employees, and agents for any harm or damages resulting there-from. Consent on behalf of the Housing Authority may be granted by the Executive Director, or designee.

(i) General Occupancy Standards/Requirements. The following is not intended to be an exhaustive all-inclusive list but to be general in nature to ensure that rental units are maintained by the tenants in a safe and sanitary condition and their actions will not impede the peaceful enjoyment of Housing Authority residents and communities. Consistent with the terms of the Residential Lease, any action or inaction by a Tenant, any member of the Tenant's household, any guest, or any other person under the Tenant's control will adhere to the following provisions:

(1) Animals or Pets:

(A) Tenants must abide by Title X, Chapter 4 of the LCOTCL – Animal Control Code.

(B) Exotic animals and farm animals are not allowed in any Housing Authority unit or on the premises of any Housing Authority property.

(D) Pets per household are limited to the following: two dogs; two cats; one dog and one cat; caged birds; aquarium fish; or other pets as approved by the Housing Authority.

(2) Operable Vehicles. All vehicles kept on Housing Authority property must be operable, licensed and parked on the designated driveway or parking area. Tenants shall not operate or park vehicles on lawns or other areas not designated as vehicle traffic or parking areas.

(3) Inoperable Vehicles. Inoperable vehicles are not permitted on Housing Authority properties. Any requests to deviate from this vehicle policy shall be in writing to the Housing Authority.

(4) ATV's. Tenants will not operate or allow any member of the household or any guest to operate an ATV in any manner that is illegal or destroys the Tenant's yard or any other Tenant's yard, grass, ground cover or causes ruts in any yard, or in any way disturbs the peaceful enjoyment of other Tenants.

(5) Fire Pits. Fire pits must be located at least 20 feet from the exterior perimeter of the unit and have a protective barrier around the rim no less than 10 inches in height. Tenant is responsible for making sure that no fires are left unattended and that all fire is extinguished when not in use. The fire pit cannot be constructed/located in a manner that would create a potential hazard.

(6) Criminal or Nefarious Activity. Tenancy may be terminated for any activity engaged in by the Tenant, any member of the Tenant's household, any guest, or any other person under the Tenant's control, regardless of whether such criminal activity has resulted in a criminal charge or criminal conviction, provided the Housing Authority has sufficient evidence to sustain its civil burden of proof in an eviction action for the following:

(A) Threatens the health or safety of other residents or employees of the Housing Authority or any other person residing in the immediate vicinity of the premises.

(B) Threatens the right to peaceful enjoyment of their premises by other residents of the Housing Authority or any other person residing in the immediate vicinity of the premises.

(C) Criminal or nefarious activity (including drug-related criminal activity, gang-related activity, gang recruitment, or gang reprisal) on or off the premises.

(D) Is a presumptive gang member as defined in Section PRP.7.2.010(rrr) of this ordinance.

(E) Commits vandalism, creates graffiti, or defaces any part of the unit or any other property on or off the premises.

(F) Uses any means, including but not limited to cyber-technology and social media, sometimes known as "cyber-bullying", to threaten anyone with bodily harm, property destruction, libel, invasion of privacy or exposure of personal information or photographs.

(7) Unit/Property Alterations. Alterations to a rental unit or surrounding property are prohibited. No alterations shall be done to the unit by the Tenant or for the Tenant at the Tenant's request. The Tenant will not make changes to the locks, locking mechanisms, or any hardware related to the ingress/egress doors in the unit. Any requests for special alterations must be made to the Housing Authority in writing and approved by the Housing Authority in writing. All approved alterations will become and remain the property of the Housing Authority and the tenant will not be reimbursed for any expenses they may have incurred.

(8) Natural or LP Gas Utilities. Any tampering or attempts to manipulate the gas tanks, meter, or connections to the unit are strictly prohibited and if attempted will be grounds for termination of the lease.

(9) Insurance Claims Due to Tenant Negligence, Damage or Misuse of the Property. Any insurance claims due to Tenant negligence, damage or misuse of the property will result in termination of the lease. Any Tenant, member of Tenant's household, guest, or another person under the Tenant's control terminated from a unit under this section shall be ineligible to apply for housing for a period of 24 months.

(10) Business Use of Unit or Premises. No business use of the unit or premises is allowed without Housing Authority approval in writing. Any approved uses must not potentially damage the unit or property and must not require alterations to the unit.

PRP.7.5.200 Compliance

(a) The Tenant's household, guest(s), or any other person under the Tenant's control are required to comply with the Residential Lease, the provisions of this ordinance, and other applicable policies while residing in a unit of the Housing Authority. Failure to adhere to the residential lease and other applicable policies will result in the Housing Authority initiating the following corrective measures, up to and including eviction.

(b) Compliance Procedures. The following procedures will be followed when there is a violation of applicable policies and lease requirements. The intent of the procedures is to try and encourage tenants to maintain and treat the Housing Authority property in a manner that ensures the units are not damaged and or a tenant's actions infringe upon the peaceful enjoyment of neighboring citizens. If after the Housing Authority has exhausted all remedies or if the compliance issue is severe enough the Housing Authority will proceed with eviction. Further, the sequence of the compliance process may or may not be followed dependent upon the severity of the issue and at the sole discretion of the Housing Authority. Notification of the following infractions will be in writing, clearly indicate the reason and will be served upon the tenant either personally, via certified mail or posted in a conspicuous location on the rental unit. Additionally, the notice will clearly specify the amount of time allowed to correct the infraction and if not resolved other remedies will be sought up to and including eviction.

(1) Lease Warning. A warning shall be given for a noncompliance issue that:

(A) Has the potential of causing damage to the rental unit:

(B) Does not appear to pose an immediate threat to the health and safety of the tenant(s) or neighboring residents that is from tenant negligence or activities;

(C) Does not immediately impede or disrupt the rights of neighboring citizens to peacefully use and enjoy their rental unit or private home(s);

(D) Is not considered criminal activity;

(E) Violates the General Occupancy Standards/Requirements contained in this policy; or

(F) Violates any provision of the Residential Lease and applicable addendums.

(2) Lease Violation. A violation will be given for a noncompliance issue that:

(A) Is a result of a tenant receiving two (2) Warnings within a 12-month period, regardless if the warnings are for the same infraction or not;

(B) Is determined to be tenant caused damage to the rental unit;

(C) Poses an immediate threat to the health and safety of the tenant(s) or neighboring residents that is from tenant negligence or activities;

(D) Tenant negligence, or activities that significantly impedes or disrupts the rights of neighboring citizens to peacefully use and enjoy their rental unit or private home(s);

(E) Is considered criminal activity;

(F) Significantly violates the General Occupancy Standards/Requirements contained in this policy and/or;

(G) Significantly violates any provision of the Residential Lease and applicable addendums.

(3) Compliance Period.

(A) The Housing Authority may require a tenant to be placed on a compliance period for any residential lease and/or policy infractions. The compliance period will be used as a mechanism to ensure the tenant complies with the requirements of the residential lease and applicable policies as well as an effort to avoid eviction. The term of a compliance period will be determined by the Housing Authority on a case by case situation considering all relevant issues surrounding the non-compliant issues. In no case will a compliance period be longer than twelve (12) months.

(B) The tenant will be required to agree to resolve any issues that resulted in the implementation of the compliance period, remain compliant during the designated time period and if they shall default they further agree to waive their rights to any and all prescribed eviction notification timelines. If the tenant defaults during the designated time period, the Housing Authority may pursue immediate eviction proceedings pursuant to Section PRP.7.6.090 of this ordinance unless the tenant agrees to vacate the unit in a mutually agreed upon time. Further, the Housing Authority may perform unannounced and/or unscheduled inspections during the compliance period pursuant to Section PRP.7.11.060 of this ordinance.

PRP.7.5.210 Post Occupancy

This section applies to all vacancy related occurrences.

(a) Move-Out Inspections. The Housing Authority must conduct a move-out inspection pursuant to Section PRP.7.11.020 of this ordinance. A copy of the inspection report with an estimate of charges will be provided to the Tenant, at the address provided by the former Tenant, no longer than 60 days after the official vacancy date is established.

(b) Security Deposit. The security deposit will be returned in whole or in part to the head of household or their designee as identified on their lease within ninety (90) days of vacancy of the unit only after it is determined that no past, current or potential of a future balance owed to the Housing Authority and all keys, garage door openers are returned. If there is no head of household or designee, the security deposit recipient will be determined through official probate action.

(c) Personal Property of the Occupant. The following procedures apply to property left/abandoned by the occupant upon vacancy of the unit:

(1) Notify the Tenant or other household member, by certified letter, that items of property have been left behind and that if not removed within five (5) days of receipt of the letter, the Housing Authority will remove and store the property. The property will not be released to the occupant unless removal and storage charges are paid.

(2) If it appears that the occupant has left the area and other household members as identified on the lease are unwilling to remove the property, the Housing Authority will remove and store the property.

(3) Upon placing the property in storage, a certified letter shall be sent to the Tenant at their last known address advising him/her of the action and what is required for release of the property. If it is not possible to determine the location of the Tenant to send a certified letter, notice shall be accomplished by publication. Property that has been stored and not claimed within thirty (30) days of the date of receipt of the notice by the Tenant shall be disposed of by public or private sale to achieve the greatest feasible value. Any remaining property not sold or having no value will be disposed of by the Housing Authority at their discretion. Any proceeds from the sale shall be applied to the costs of removal, storage and any remaining debts to the Housing Authority left by the former Tenant.

Subchapter PRP.7.6 Eviction

PRP.7.6.010 Purpose

(a) It is the purpose of this subchapter to protect the health, safety, welfare and peaceful enjoyment of all peoples and communities residing on or near the Lac Courte Oreilles Reservation and within the jurisdiction of the Housing Authority. Furthermore, it is the purpose of this ordinance to also ensure that property of the Housing Authority is protected, and that criminal, dangerous or non-permitted activities do not occur on or near Housing Authority property.

(b) The provisions of this subchapter shall apply to any and all arrangements between the Housing Authority and a leaseholder or tenant, whether they are formal or informal, written or agreed to orally or by the practice of the parties, in renting, leasing, occupying, or using any and all housing, dwellings, or accommodations for human occupation and dwelling.

PRP.7.6.020 Rules and Regulations

The Housing Authority may develop, promulgate, implement and enforce reasonable policies and rules and regulations regarding Eviction from Housing Authority property in addition to those described in this subchapter. Title II of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Tribal Code of Law (LCOTCL) except when inconsistent with any provision of this ordinance, shall also apply to any proceeding initiated hereunder;

PRP.7.6.030 Grounds for Evictions

A tenant may be evicted for:

(a) Nonpayment of rent under a lease agreement when such payments are not made after ten (10) calendar days of the agreement date of payment, or ten (10) calendar days following the first day of the month in a month-to-month tenancy.

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

(c) Nuisance, intentional or reckless damage, destruction, or injury to the property of the Housing Authority or other tenants or disturbing another tenant's right to quiet enjoyment of a dwelling unit.

(d) Serious or repeated violations of the rental agreement, any reasonable rules or regulations adopted in accordance with Subchapter PRP.7.5 of this ordinance, or any applicable building or housing codes pursuant to Section PRP.7.9.030 of this ordinance.

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

(f) Under other terms in the rental agreement which do not conflict with the provisions of this Code.

PRP.7.6.040 Notice to Quit Requirements

(a) When Notice to Quit is Required. When the Housing Authority desires to obtain possession of a dwelling unit, and when there exist one or more legally cognizable reasons to evict the tenant or tenants occupying the unit pursuant to Section PRP.7.6.030 of this ordinance, the Housing Authority shall give notice to the adult tenants to quit possession of such dwelling unit according to the provisions of this subs.

(b) Purpose of Notice to Quit. The purpose of the notice to quit is to provide advance notice to the tenant of a specific problem which needs to be addressed. It is also intended to induce the tenant(s) to enter discussions with the Housing Authority in order to resolve the problem.

(c) Statement of Grounds for Eviction Required. The notice to quit shall be addressed to the adult tenants of the dwelling unit and shall state the legally cognizable reasons(s) for termination of the tenancy and the date by which the tenant is required to quit possession of the dwelling unit.

(d) Form of Notice. The notice shall be in writing substantially in the following form: "I (or we) hereby give you notice that you are to quit possession or occupancy of the dwelling unit now occupied by you at (here insert the address or other reasonable description of the location of the dwelling unit), on or before the (here insert the date) for the following reason (here insert the legally cognizable reason or reasons for the notice to quit possession using the statutory language or words of similar import). Signed, (here insert the signature, name and address of the Housing Authority, as well as the date and place of signing,)."

(e) Time Requirements for Notice. The notice must be delivered within the following periods of time:

(1) No less than thirty (30) 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.

(2) No less than fifteen (15) 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 a fire or condition making the dwelling unsafe or uninhabitable, or in situations involving an imminent or serious threat to public health or safety, the sections pursuant to Section PRP.7.6.090 of this ordinance shall apply.

(3) No less than fifteen (15) calendar days in all other situations, unless an Immediate Eviction is warranted pursuant to Section PRP.7.6.090 of this ordinance.

(f) Housing Authority Termination Notice. The Housing Authority termination notice shall qualify as the notice to quit required under this section so long as the time requirements of the Housing Authority termination notice are at least as long as the time requirements set forth in Section PRP.7.6.040(e), above.

PRP.7.6.050 Serving the Notice to Quit

Any notice to quit must be in writing, and must be delivered to a tenant in the following manner:

(a) Delivery must be made by an adult person.

(b) Delivery will be effective when it is:

(1) Personally, delivered to a tenant with a copy delivered by mail;

(2) Personally, delivered to an adult living in the dwelling with a copy delivered by mail; or

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

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

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

(2) Securely taping a copy of the notice to the main entry door of the dwelling 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 dwelling, 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 dwelling.

(d) The person giving notice must keep a copy of the notice and proof of service in accordance with this section, by affidavit or other manner recognized by law.

PRP.7.6.060 Pre-Eviction Options

(a) Negotiated Settlement. After a Notice to Quit is served upon a tenant, the Housing Authority and tenant may engage in discussions to avoid a proceeding to evict and to settle the issues between the parties. The agreement to enter into discussions will not affect the rights of the parties unless the parties reach an agreement to waive any of their rights.

(b) Stay of Proceedings. Where the parties mutually agree in good faith to proceed with such discussions, and Judicial Eviction procedures have been initiated, the Court will stay such proceedings until it is notified by one or both parties that a hearing is required or that a settlement has been reached.

(c) Settlement Options. In reaching an agreement, the parties may consider, but are not limited to the following options:

(1) The parties may represent themselves;

(2) The parties may employ the use of lay advocates or attorneys;

(3) The parties may make an agreement and stipulate to any terms including, but not limited to, lease violations, code violations, monies past due, surrender of the dwelling or the eviction of tenants;

(4) The parties may agree to dismiss the matter in exchange for any agreement reached through stipulation;

(5) The parties may agree to stipulate to a judgment to be entered by the Court.

PRP.7.6.070 General Eviction Procedure

(a) Summons and Complaint. If, after the date set forth in the notice to quit for the tenant(s) to quit possession of the dwelling unit, the tenant has not quit possession, the Housing Authority may file a complaint in the Tribal Court for eviction and such other relief as the Court may deem just and proper. The complaint shall state:

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

(2) A description of the rental agreement, if any;

(3) The address or reasonable description of the location of the dwelling;

(4) The grounds for eviction;

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

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

(7) A statement that the Housing Authority has complied with all required regulatory processes prior to filing the eviction action.

(b) Action Upon Filing Complaint. When a complaint is filed in the Tribal Court, it shall be immediately presented to a Tribal Court Judge. This shall be on the date of filing, or, if no judge is present, on the first regular Court day after filing or when a judge may first be found. The judge shall review the complaint and shall, if it appears to be in compliance with the provisions of this section and served as set forth in Section PRP.7.6.050, issue an order of the Court requiring the defendant named in the complaint to appear before the Court on a certain date to contest the complaint. The date for appearance for answering the complaint shall be no less than seven (7) calendar days after the date of the order in matters involving serious lease or admissions and occupancy violations pursuant to Section PRP.7.6.090 of this ordinance, or fifteen (15) calendar days in all other cases. Upon setting of the date for appearance, the plaintiff Housing Authority shall have defendant tenant served with the complaint and a summons to appear for the court date.

(1) If the tenant appears before the Court in person or in writing to contest the complaint, the Court shall set a hearing date. Any written response shall state any defenses or factual disputes and where any defendant appears in person, a written response shall be served upon the plaintiff within five (5) calendar days of any hearing, excluding weekends and holidays.

(2) The Court shall set a hearing date which is no more than fifteen (15) calendar days following the date for appearance, except when the hearing date would fall on a weekend or holiday, and in such a situation on the first regular Court day following that date.

(3) A defendant may, for good cause shown, and upon the payment of a reasonable sum for the fair rental value of the dwelling between the date on which the complaint was filed and the date of hearing, obtain an extension of time, beyond the fifteen (15) day period. The Court may refuse to extend the date of hearing where the complaint is based upon nuisance or injuries as provided in Section PRP.7.6.030(c) of this ordinance and shall not extend the date of hearing where the complaint is based upon conduct which is alleged to constitute a serious danger to public health, safety, or peace.

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

(d) Defenses. The Court shall grant the remedies allowed in this Code, unless it appears by the evidence that:

(1) The dwelling is untenable, uninhabitable, or constitute a situation where there is a constructive eviction of the tenant, in that the dwelling are in such a condition, due to the fault of the Housing Authority, that they constitute a real and serious hazard to human health and safety and not a mere inconvenience.

(2) The Housing Authority has failed or refused to make repairs which are his 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 dwelling.

(3) There are monies due and owing to the tenant because he has been required to make repairs which are the obligation of the Housing Authority and the Housing Authority 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 fails or refuses to pay the reasonable rental value of the dwelling.

(4) That due to the conduct of the Housing Authority, 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.

(5) That there are such serious and material breaches of applicable housing law on the part of the Housing Authority that it would be unjust to grant him a remedy.

(6) The Housing Authority is evicting the tenant because of his/her race, sex, sexual orientation, religion, age, marital status, family status, or because the tenant is disabled.

(7) The Housing Authority terminated the tenancy in retaliation for the tenant's attempt to secure his rights under this Code or to force the Housing Authority to comply with his duties under this Code.

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

(e) Discovery and Pre-Hearing Proceedings. Extensive, prolonged, or time-consuming discovery and preheating proceedings will not be permitted, except in the interests of justice and for good cause shown by the moving party. Discovery shall be informal, and reasonably provided on demand of a party, and it shall be completed within five (5) calendar days of the date of hearing. Requests for discovery shall be made no later than three (3) calendar days following the setting of a hearing date. The court may enter reasonable orders requiring discovery or protecting the rights of the parties upon reasonable notice.

(f) Evidence. Evidence in proceedings under this Code shall be informal and may include relevant and reliable hearsay evidence if such evidence is not the basis for a final decision. The books and records of the parties as to the payment or nonpayment of monies owed will be received in evidence and the files and business records of the Housing Authority with respect to the agreement of the parties will be received in evidence and the files and business records of the Housing Authority with respect to the agreement of the parties will be received in evidence upon their presentation to the Court; provided, however, that a tenant may examine the custodian of such records as to their contents. All hearings will be informal and designed to receive evidence in a fair and just manner.

(g) Burden of Proof. The burden of proof in all proceedings under this Code shall be by a preponderance of the evidence.

(h) Judgment.

(1) Within five (5) calendar days of the date of the Trial, 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:

(A) Order the immediate eviction of a tenant and delivery of the dwelling to the Housing Authority;

(B) Grant actual damages as provided in the agreement of the parties or this Code, including interest;

(D) Establish a payment plan for the tenant;

(E) Order rent payments or damage judgments through tax intercept or garnishment;

(F) Establish a Power of Attorney in another person/agency to fulfill rights or obligations of either the Housing Authority or the tenant;

(G) Remediate the action in part or in whole through appropriate recalculation of rent;

(H) Order the tenant to perform work for the Housing Authority to pay off back rent due and/or damages;

(I) Order the payment of attorneys' fees and, where allowed by law or agreement, costs and expenses of litigation;

(J) Order the parties into negotiations as provided in Section PRP.7.6.060 of this ordinance; or

(K) Grant any relief provided in this code or allowed in law or equity.

(2) If a tenant fails to appear in person or in writing on or before the date of appearance, the Court shall enter a default judgment against the defendant, so long as the plaintiff can reasonably show that relief should be granted and what kind of relief.

(i) 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 decision immediately after both parties have rested their case and award costs and restitution as appropriate.

(j) Execution of Judgment. An eviction order may be executed by a duly authorized law enforcement officer or officer of the Court, appointed by the Court for such a purpose. To execute the order, the officer shall:

(1) Remove all the evicted persons from the dwelling and verbally order them not to re-enter;

(2) Provide a copy of the order of eviction to all adult tenants;

(3) Post copies of the order of eviction on the doors of the dwelling is there is not any adult tenant present at the time of execution; and

(4) Supervise the removal of the possessions of the evicted persons. Any law enforcement officer shall, upon receipt of an order of the Court, execute the judgment or order made by it with in five (5) calendar days of the date of the judgment or order and make a report to the Court on what was done to enforce it. Any law enforcement officer to whom a judgment or order is given for enforcement who fails, in the absence of good faith, or refuses to execute it shall be subject to the payment of reasonable damages, costs, and expenses to a party for failure to execute the judgment and/or suspension from employment. This section shall also apply to any judgment on behalf of a tenant obtained under the general tribal civil procedure code and/or tribal small claims procedure code. All other portions of the judgment shall be subject to execution in the manner otherwise provided under tribal law.

(k) Stay of Execution. If judgment for possession of the dwelling unit enters in favor of the Housing Authority, the tenant may apply for a stay of execution of the judgment or order if within five (5) days of the judgment being rendered, the following is established:

(1) Good and reasonable grounds affecting the wellbeing of the party are stated;

(2) There would be no substantial prejudice or injury to the prevailing party during the period of the stay;

(3) Execution of the judgment could result in extreme hardship for the tenant(s); or

(4) A bond is posted, or monies are paid to the Court, to satisfy the judgment or payment for the reasonable use and occupancy of the dwelling during the period of time following the judgment. No stay may exceed three months in the aggregate. The clerk shall distribute such arrearages to the Housing Authority in accordance to any order of the court.

(l) Appeals. Appeals under this ordinance shall be handled according to the general tribal appellate provisions as established at Chapter TCT.3 of the LCOTCL – Appeals Code, with the exception that the party taking the appeal shall have only five (5) days from the entry of the order of judgment to file an appeal. All orders from the Court will remain in effect during the pendency of an appeal under this ordinance unless otherwise ordered by the Court.

(m) Miscellaneous Complaints and Claims. Any miscellaneous complaint or claim including a complaint or claim by a tenant which does not fall within the procedures of this subchapter may be made pursuant to other provisions of this ordinance.

(n) Notice to Leave the Dwelling. Any notice to leave a dwelling, shall be by written order of the court, and shall be delivered to the tenant in the following manner:

(1) Delivery shall be made by:

(A) A law enforcement officer of the Tribe or an agency of the United States Government, or

(B) Any person authorized by the Tribal Court.

(2) Delivery will be effective when it is:

(A) Personally, delivered to a tenant with a copy delivered by mail, or

(B) Personally, delivered to an adult living in the dwelling with a copy delivered by mail, or

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

(A) Certified mail, return receipt requested, at the last known address of the tenant, or

(B) Securely taping a copy of the notice to the main entry door of the dwelling 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 dwelling, 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 dwelling.

(C) Posting the notice in the Tribal Newspaper, Tribal Newsletter, or any other local Newspaper and by sending a copy first class mail, postage prepaid, addressed to the tenant at the dwelling.

(o) Forcible Eviction.

(1) Where the Court orders an eviction, and the defendant or any other occupant of the dwelling refuses to vacate voluntarily by the effective date of that Order, the defendant or other occupants may be forcibly removed from the dwelling by a law enforcement officer. At the hearing where the eviction is ordered, the Court shall inform the defendant that if he does not vacate the dwelling voluntarily by the effective date, he 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 Section PRP.7.6.070(o)(3) below.

(2) Following eviction, the Court may allow the Housing Authority access to any property leased by either of them for purposes of preserving and securing it.

(3) Following forcible eviction of the defendant and/or other occupants, the former occupant's personal property shall be stored by the Housing Authority for at least thirty (30) days, either on the dwelling 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 thirty (30) days, the Housing Authority is authorized to sell the property in order to recover these costs. The Housing Authority shall not condition return of the former occupant's personal property on the payment of any costs or fees other than those of removal and storage of those personal possessions. Should the Housing Authority attempt to condition return of personal possessions on payment of any other cost or fee, the Housing Authority shall forfeit its right to the costs of removal and storage. Upon request by the former occupants, the Housing Authority 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 in a manner satisfactory to the owner. If the abandoned property is of cultural, religious, or ceremonial significance, the Housing Authority shall have an affirmative duty to locate next of kin and/or contact the Tribe to return these items.

(p) No Self-Help Evictions. The Housing Authority may not compel a tenant to vacate any dwelling under this subchapter in a forceful fashion or way which causes a breach of the peace. For purposes of this section, the Housing Authority shall give a notice to quit and obtain a court order as provided in this under this subchapter.

(q) Security Deposits.

(1) Payment of Security Deposit at Termination of Tenancy. The Housing Authority shall pay to the tenant or former tenant the amount of the security deposit that was deposited by the tenant with the Housing Authority at the time such security deposit, was deposited less the value of any damages which the Housing Authority, has suffered as a result such tenant's failure to comply with such tenant's obligations. Damages shall not include normal wear and tear.

(2) 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.

PRP.7.6.080 Computation of Time

In computing a period of time under this subchapter, by rule, by court order, or by statute, the day of the act, event, or default after which the designated period of time begins to run is not included. The last day of the period is included, unless it is a Saturday, Sunday, legal holiday or a holiday which the court is closed. In that event, the period runs until the end of the next business day.

PRP.7.6.090 Immediate Evictions

(a) A tenant may be immediately evicted by the Housing Authority, acting under its own authority, when the Housing Director or anyone he assigns determines by a preponderance of the evidence that either of the following exists:

(1) Drug Related Criminal or Nefarious Activity. In relation to Drug Related Criminal or Nefarious Activity, a tenant may be immediately evicted when Drug Related Criminal or Nefarious Activity engaged in on or near the dwelling by any tenant, household member, or guest, and any such activity engaged in on the dwelling by any other person under the tenant's control, or such activity engaged in by any tenant or household member within a Drug Free Public Housing Zone, as such activity poses an imminent or serious threat to the public health, safety, welfare of the community. (See 24 CFR § 5.858); or

(2) Interference with the Health, Safety, Welfare or Quiet Enjoyment. Any other activity/condition, that interferes with the health, safety, welfare or quiet enjoyment of the leased dwelling or the larger community (regardless of whether the activity/condition is criminal in nature or origin). This includes an activity/condition that poses an emergency, such as a fire or condition making the dwelling unsafe or uninhabitable (including Methamphetamine contamination). (See 24 CFR § 5.860)

(A) A determination by the Housing Authority to seek immediate eviction for non-drug related criminal activity shall not be limited to, but shall include the following conditions:

(i) Threat to other residents. All leases with the Housing Authority provide that it may terminate a tenancy for any of the following types of criminal activity by any tenant, household member, or guest, and any such activity engaged in on the dwelling by any other person under the tenant's control:

(I) Any criminal or nefarious activity that threatens the health, safety, welfare or quiet enjoyment of the dwelling by other residents (including Housing Authority staff).

(II) Any criminal or nefarious activity that threatens the health, safety, welfare, or quiet enjoyment of their dwellings by persons residing in the immediate vicinity of the dwelling or the larger community.

(ii) Fugitive felon or parole violator. All leases with the Housing Authority provide that it may terminate a tenancy during the term of a lease if a tenant is:

(I) Fleeing to avoid prosecution, or custody or confinement after conviction, for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees, or that, in the case of New Jersey, is a high misdemeanor; or

(II) Violating a condition of probation or parole imposed under Federal or State Law. (See 24 CFR § 5.859)

(b) A tenant may be immediately evicted for criminal or nefarious activity when it falls under either of categories of concern noted above in Section PRP.7.6.090(a)(1) or (b), above. This can be done once the Housing Authority has determined that criminal or nefarious activity has been engaged in by any tenant, household member, or guest, and any such activity engaged in on the dwelling by any other person under the tenant's control, regardless of whether the person has been arrested or convicted for such activity and without satisfying a criminal conviction standard of proof of the activity. (See 24 CFR § 5.861)

PRP.7.6.100 Notice to Quit Requirements Pertaining to Immediate Evictions

(a) When Required. A Notice to Quit is required when the Housing Authority desires to obtain immediate possession of a dwelling unit, and when there exists one or more concerns to immediately evict the tenant or tenants occupying the unit pursuant to Section PRP.7.6.090 of this ordinance, the Housing Authority shall give notice to the adult tenants to quit possession of such dwelling unit according to the provisions of this section.

(b) Purpose of Notice to Quit. The purpose is to provide notice to the tenant of the specific heightened or severe concerns which are resulting in their immediate eviction. It is also intended to provide notice to the tenant as to the date they must quit the dwelling, and shall list the documents, evidence or witnesses which have been utilized in making a determination regarding such heightened or severe concerns.

(c) Statement of Grounds for Immediate Eviction Required. The notice to quit shall be addressed to the adult tenants of the dwelling unit and shall state the heightened or severe concerns related to the termination of the tenancy and the date by which the tenant is required to quit possession of the dwelling unit.

(e) Time Requirements for Notice. The notice must be delivered within the following period of time before the Tenant is required to quit the dwelling:

(1) In the event of a concern pursuant to Section PRP.7.6.090 of this ordinance, the Housing Director, or anyone he assigns, may give the tenant(s) either immediate or no more than five (5) days' notice to quit the dwelling.

(f) Housing Authority Termination Notice. The Housing Authority termination notice shall qualify as the notice to quit required under this subchapter so long as the time requirements of the housing authority termination notice are at least as long as the time requirements set forth in Section PRP.7.6.100(e), above.

PRP.7.6.110 Serving the Notice to Quit Pertaining to Immediate Evictions

Any notice to quit must be in writing, and must be delivered to a tenant in the following manner:

(a) Delivery must be made by an adult person.

(b) Delivery will be effective when it is:

(1) Personally, delivered to a tenant with a copy delivered by mail;

(2) Personally, delivered to an adult living in the dwelling with a copy delivered by mail; or

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

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

(1) Certified mail, return receipt requested, at the last known address of the tenant;

(d) The person giving notice must keep a copy of the notice and proof of service in accordance with this section, by affidavit or other manner recognized by law.

PRP.7.6.120 Removal of Tenant(s) Pertaining to Immediate Evictions

The notice to quit under this subchapter shall serve as required documentation that the Housing Authority shall deliver to the tribal police before any tribal officer is required to remove any tenant or person from a dwelling in which the Housing Authority has effectively provided notice for immediate eviction. Should any tenant or person be found on the dwelling after being removed, such actions shall be grounds for trespass on behalf of the Housing Authority against the tenant or any individual found on the dwelling, so long as the individual had notice or there was constructive notice due to the conspicuous placement of notice at the dwelling.

(a) Following the removal of tenant(s), the Housing Authority shall have retaken possession of the dwelling and shall have the sole access for purposes of preserving and securing it.

PRP.7.6.130 Removal of Tenant Property Pertaining to Immediate Evictions

The provisions under Section PRP.7.6.070(o) shall apply unless the personal property of the tenant has been contaminated pursuant to Section PRP.7.10.040 of this ordinance. If the personal property is contaminated, the tenant will be required to sign a liability waiver prior to the removal of their property. The removal of property shall be supervised by the Housing Authority and shall occur within thirty (30) days of the eviction. In the event that the tenant is unwilling to sign the waiver or is unable to remove their personal property, the property shall be disposed of and the tenant shall bear liability for the cost of disposal.

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.

Subchapter PRP.7.7 Administrative Procedures

PRP.7.7.010 Personnel Policy and Procedures

The Housing Authority shall comply with the personnel law and policy of the Housing Authority as established in Chapter PAP.4 of the LCOTCL – Housing Authority Personnel Policies and Procedures.

PRP.7.7.020 Property and Procurement Policy and Procedures

The Housing Authority shall comply with the property and procurement law and policy of the Tribe as established in Chapter PAP.2 of the LCOTCL – Property and Procurement Policies and Procedures as follows:

(a) For the purpose of the implementation of this policy at the Housing Authority, the "Chief Procurement Officer" or "CPO" means the Housing Authority Procurement Officer whom is the official authorized by the Housing Authority to enter into and/or administer contracts and make related determination and findings on behalf of the Housing Authority as well as establish and maintain an inventory of all property and equipment. For the purpose of this ordinance, the term includes any Housing Authority employee designated and authorized to perform the duties of the CPO.

PRP.7.7.030 Travel Policy and Procedures

The Housing Authority shall comply with the travel law and policy of the Tribe as established in Chapter PAP.3 of the LCOTCL – Travel Policies and Procedures. This Travel Policy establishes the rules governing travel by all employees of the Tribe, including all employees and Commissioners of the Housing Authority in the performance of their official job duties on behalf of the Authority ("Business Travel") and the purchase or use of modes of transportation, such as Personal Automobiles, Housing Authority or Tribal vehicles, rental vehicles, tolls, parking, accommodations, air fare, etc. (collectively "Travel Services") as follows:

(a) For the purpose of the implementation of this policy at the Housing Authority, the Housing Authority Executive Director and Housing Authority Program/Department Directors shall have the authority to approve or deny any business travel. Employees shall not approve the reimbursement or advance of their own travel related expenses.

(b) For the purpose of the implementation of this policy at the Housing Authority, the "Travel Clerk" means the Housing Authority Accounting Department whom are the officials authorized by the Housing Authority to administer travel advance requests. For the purpose of this ordinance, the term includes any Housing Authority employee designated and authorized to perform the duties of the Travel Clerk.

PRP.7.7.040 Fiscal Policy and Procedures

The Housing Authority shall comply with the fiscal law and policy of the Tribe as established in Chapter PAP.10 of the LCOTCL – Fiscal Policies and Procedures as follows:

(a) For the purpose of the implementation of this policy at the Housing Authority, the Housing Authority Finance Manager is the official authorized by the Housing Authority to oversee and implement the provisions of this policy. For the purpose of this ordinance, the term includes any Housing Authority employee designated and authorized to perform the duties of the Finance Manager.

PRP.7.7.050 Investment Policy

(a) Authority. Pursuant to § 204 of the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA), tribally designated housing entities may, for the purpose of carrying out affordable housing activities, invest Indian Housing Block Grant (IHBG) funds as approved by the Secretary of the Department of Housing and Urban Development. The Secretary has established limitations on the investment of IHBG funds in 24 C.F.R. § 1000.58. The Secretary has further prescribed administrative requirements for investing IHBG funds in program guidance notices. The Housing Authority is authorized to invests funds not needed for immediate disbursement pursuant to Section PRP.7.3.010(d)(16) of this ordinance.

(b) Purpose. The purpose of the Housing Authority's investments is to carry out affordable housing activities. Such activities shall be consistent with the Housing Authority's current Indian Housing Plan.

(1) IHBG funds subject to the approval of the Secretary of HUD may be invested pursuant to this section.

(2) Other funds may be invested pursuant to this section provided that such investment is permissible under the law relating to the source of the funds and that such investment is performed pursuant to any applicable law, and provided further that any such investment is held separately from IHBG funds invested so as to fully comply with 24 C.F.R. § 1000.58 (d).

(d) Investments Allowed.

(1) No investment shall be made which has a duration of more than two years.

(2) All IHGB investment accounts shall be separate from other funds of the Housing Authority.

(3) The Housing Authority shall invest IHGB funds only in:

(A) Obligations of the United States: obligation issued by Government sponsored agencies; securities that are guaranteed or insured by the United States; mutual (or other) funds registered with the Securities and Exchange Commission and which invest only in Obligations of the United State or securities that are guaranteed or insured by the United States; or

(B) Accounts that are insured by an agency or instrumentality of the United States or accounts that ensure the continuous and full collateralization of deposits that are in excess of FDIC insurance amounts to ensure protection of the funds, even in the event of bank failure. Collateralization shall consist of identifiable U.S. Government securities as prescribed by HUD and specific authority contained in the agreement permitting HUD to exercise its rights pursuant to 24 C.F.R. § 1000.60.

(e) Staff Authority and Duties. Subject to the oversight by the Tribal Governing Board, Housing Authority staff is assigned authority to implement this policy as follows:

(1) The Executive Director shall serve as the custodian of all investment securities and shall keep such securities separate from the accounting records, the maintenance of which shall be the responsibility of the Housing Authority's accounting department.

(2) The Executive Director shall obtain authorization for all investment transactions from the Tribal Governing Board. All depository agreements shall be approved by resolution presented to the Tribal Governing Board by the Executive Director. All investment transaction shall be documented in the official records of the Housing Authority, which shall be maintained by the Executive Director.

(3) The Executive Director shall insure that safekeeping procedures for the security of investment documents are maintained.

(4) The Executive Director shall assure that all investments shall be made only in name of the Lac Courte Oreilles Housing Authority and shall be maintained in a custodial or trust account, as appropriate.

(5) The Executive Director shall assure that all investments are recorded in detail in an investment ledger, and that the investment ledger is periodically reconciled. The Executive Director shall further assure the use of a system to ensure that all investment income is collected, recorded, and credited to the appropriate accounts. The investment records shall be audited annually.

(6) The Housing Authority's accounting department shall maintain an investment maturity schedule evidencing that the investments and proposed investments will mature on the approximate dates the funds will be needed and that the investment maturity dates do not exceed two years.

Subchapter PRP.7.8 Reporting Requirements

PRP.7.8.010 Purpose

This subchapter will ensure the operation of the Housing Authority in a business-like manner, ensure compliance with applicable federal requirements and require the monitoring of performance goals under the Indian Housing Plan.

PRP.7.8.020 Reporting Responsibilities

(a) The Housing Authority shall comply with the appropriate requirements pertaining to self-monitoring as required by §§ 403 (b) and 404 (a) (1) of NAHASDA as well as 24 CFR §§ 1000.508 and 1000.510.

(b) The Housing Authority shall comply with the appropriate requirements pertaining to the annual performance report as required by § 404 of NAHASDA as well as 24 CFR §§ 24 CFR §§ 1000.512, 1000.514, 1000.516, 1000.518, 1000.520 and 1000.521.

(c) The Housing Authority shall comply with the appropriate requirements pertaining to annual audit as required by § 406 of NAHASDA as well as 24 CFR §§ 1000.524, 1000.544, 1000.546, 1000.548, and 1000.550.

(d) The Housing Authority shall comply with the appropriate requirements pertaining to the Indian Housing Plan as required by §§ 102 and 103 of NAHASDA as well as 24 CFR §§ 1000.212, 1000.214, 1000.216, 1000.218, 1000.220, 1000.222, 1000.224, 1000.225, 1000.227, 1000.228, 1000.230, 232, 1000.234, and 1000.524.

Subchapter PRP.7.9 Housing Rehabilitation and Construction Standards

PRP.7.9.010 Purpose

The purpose of this subchapter is to promote the general health, safety and welfare and to maintain certain quality standards in the rehabilitation and construction of housing units under the management and authority of the Housing Authority as established in 24 CFR § 982.401 – Housing Quality Standards.

PRP.7.9.020 Scope

The scope of this subchapter includes the construction and rehabilitation of one family and multi-family dwellings under the management and administration of the Housing Authority including the 1937 Housing Act stock and NAHASDA units and other units.

PRP.7.9.030 Uniform Dwelling Code

The Housing Authority shall comply with the Uniform Dwelling (Building) law and policy of the Tribe as established in Title XI, Chapter 8 of the LCOTCL – Uniform Dwelling (Building) Code. Except as preempted by tribal law, the Wisconsin Uniform Dwelling Code, Chs. 20-25 of the Wisconsin Administrative Code, and all amendments thereto, as adopted and incorporated by reference, shall also apply to all buildings within the scope of this subchapter.

PRP.7.9.040 Building Inspector

There is hereby created the position of building inspector, who shall administer and enforce this ordinance.

Subchapter PRP.7.10 Maintenance Policies and Procedures

PRP.7.10.010 Purpose

The Housing Authority recognizes that one of the most important aspects of the operations of the Housing Authority is the maintenance of Housing Authority owned and managed units. If units are not maintained on a regular basis, the long-term viability of the Housing Authority as a property management entity is threatened and the Tribe and the residents will lose a valuable resource. These procedures are intended to implement a full system of maintenance for those units where the Housing Authority has the obligation to perform the maintenance as required. Therefore, the purpose of the Housing Authority's maintenance procedures shall be to:

(a) Maintain all property and equipment under the management of the Housing Authority in a decent, safe and sanitary condition.

(b) Conduct timely inspections, regular and preventive maintenance, timely repairs and replacements to ensure the structural integrity of the units along with making sure all equipment associated with the unit is functioning properly.

PRP.7.10.020 Maintenance Responsibilities

(a) Renter Responsibilities. As specified in the lease agreement, the renter is responsible for the normal care of the dwelling unit and common property around it. The renter must maintain the unit in good condition and prevent health or sanitation problems from arising. The renter is responsible for care of the lawn and removal of any garbage and rubbish. The renter must promptly notify the Housing Authority of the need for repairs to the unit and of conditions which may lead to damage to the unit caused by vandalism or criminal activity. The renter is also responsible for cleaning the unit and grounds upon vacating.

(b) Homebuyer Responsibilities. The homebuyer is responsible for maintenance of the home, including all repairs and replacements. The responsibility extends to the structure, plumbing, appliances, heating system, and electrical work. The homebuyer must report any deficiencies which could arise during the warranty period.

(c) Housing Authority Responsibilities. If the tenant or homebuyer fails to meet his/her obligation, the Housing Authority shall perform the necessary maintenance activities subject to the provisions of Section PRP.7.10.060 of this ordinance. In emergency situations, Housing Authority staff have the authority and responsibility to enter the premises without the consent of the resident in order to protect the unit from damage.

PRP.7.10.030 Maintenance Requests and Priorities

(a) Requests for Maintenance. All requests for maintenance, whether made by telephone, in person or by staff of the Housing Authority, shall be processed by completion of a work order which contains the following information:

(1) The date the order was taken;

(2) Resident's name and community;

(3) Project and unit number;

(4) Description of problem or statement of request;

(5) Authorized entry in the event no one is at home.

(b) Review of Work Order Requests. Maintenance requests shall be reviewed by the Supervisors and/or the receptionist in order to determine scheduling of requests, any applicable warranties and responsibilities, and whether or not it will be necessary to employ an outside contractor for the work, such as an electrician or other specialist.

(c) Review for Arrears. Work order requests will be screened to determine whether or not the resident's account is in arrears. If the resident is in arrears, only emergency, urgent and preventive maintenance will be performed. The resident will be informed that the work order will be filed until the arrears are paid.

(d) Scheduling of Work Orders. Maintenance requests will be scheduled by the Supervisor in accordance with the following priorities:

(1) Emergencies. An emergency means a situation in which bodily harm is imminent; that which immediately threatens the safety of the resident or could cause serious property damage. Emergencies shall be responded to within six (6) hours and repaired within a reasonable time, even if the request is made after hours or on weekends. The Supervisor must perform emergency work items; if not available, other maintenance personnel shall respond.

(2) Urgent. An urgent situation means a situation that causes a negative effect to a tenant's lifestyle such as lack of refrigeration, cook stove, water, or a broken entry door. Urgent work shall be responded to within 24 hours after the request is made, or the next available working day if the request is made on the weekend or after normal working hours. If urgent work is necessary due to vandalism or other criminal activity, a Sheriff's report shall be required before the work can be scheduled.

(3) Renovation. A renovation means the repair, painting, and cleaning of a vacant unit to prepare for new occupancy. All work should be finished before a family moves in so that a final inspection can take place.

(4) Non-Routine Maintenance. Non-routine maintenance means required maintenance which is not caused by ordinary wear and tear; usually not occurring in the normal lifetime of the item.

(5) Routine Maintenance. Routine Maintenance means required maintenance which is the result of usual wear and tear; work that should be done regularly by maintenance staff.

(6) Preventive Maintenance. Preventative Maintenance means required maintenance that is performed to prevent further or greater damage from occurring; Preventative Maintenance includes work done on a scheduled or seasonal basis to maintain good working condition on an appointed time basis. Minor items, such as leaking faucets, should be repaired while maintenance staff is at the unit.

(e) Ordering of Materials or Appliances. If work orders require that parts, appliances or other items need to be ordered before maintenance can be performed, the work order shall be given to the Inventory Clerk to order and hold the work order. When the item is delivered, it will be so noted on the work order which will then be given to the Supervisor for scheduling.

(f) Contract Work Items. Subject to budget limitations, the Supervisor may contract work orders relating to electrical work, trash removal, welding, septic pumping, etc. pursuant to Chapter PAP.2 of the LCOTCL – Property and Procurement Policies and Procedures.

(g) Performance of Work Items.

(1) Employees are not to be taken off jobs until the work is completed; however, if an emergency arises, and the Supervisors are not available, other maintenance personnel shall respond.

(2) Requests by tenants for other repair work at the job site must be treated as new work order requests. The tenant shall be advised that the request must be first called into the office. The maintenance staff shall, however, perform minor preventive maintenance while at the unit in order to prevent further or greater damage from occurring.

(h) Completion of Jobs & Work Orders.

(1) After completion of the requested work, the work order form shall be completed by the employee with the following information:

(A) Identified problem, and causes (i.e. tenant abuse) if applicable or known;

(B) Description of work;

(D) Total time taken to complete task;

(E) Date completed and signature of maintenance person who completed the job;

(F) Signature of tenant, if home.

(2) Completed work order forms shall be reviewed by the Maintenance Supervisor for completion and a determination of whether the tenant will be charged for the work.

(3) A copy of the work order shall be left for the tenant, one copy for the tenant's maintenance file, and one copy for posting.

PRP.7.10.040 Methamphetamine (Meth) Use in Units

(a) Methamphetamine Testing Standard. The Housing Authority, in an effort to protect the public health, safety and welfare of our communities is hereby adopting specific cleanup standards for units contaminated by methamphetamine (meth) use in properties owned and managed by the Housing Authority.

(1) The Housing Authority hereby determines that a heightened safety concern exists when any test result is positive for methamphetamine (meth), and a severe safety concern exists when any test is positive for methamphetamine (meth) and the residue concentration of 1.5 ug/100 cm2 or higher.

(b) Methamphetamine Cleanup and Remediation. The Housing Authority has determined a standard of cleanup and remediation processes is necessary once any level of meth contamination has been established. The following guidelines shall be used to determine the level of contamination and the method used to provide cleanup and decontamination of each unit determined to have meth contamination from use. The Housing Authority Maintenance staff, after receiving a vacancy notice from the Occupancy Department, shall perform the following steps to determine the method of cleanup to ready the unit for the next occupant.

(1) A Meth Media Testing Kit (Wipe Test) will be done on each vacant unit to determine if meth is present and to determine what level of meth is present in the unit.

(2) The Housing Authority will use the following guidelines to ready the unit for the next occupant:

(A) Samples will be taken utilizing a Wipe Test and sent to an authorized laboratory to determine the level of contamination.

(B) For units where the test results come back with a reading of less than 1.5ug/100cm2, cleanup shall be completed internally by the Housing Authority. Once cleanup is completed, the unit shall be processed for move-out repairs and general clean-up. These units may be bid out to contractors utilizing the Housing Authority bid process depending on the amount and type of repairs to be done.

(C) For units where the test results come back with a reading of 1.5 ug/100cm2 or above, cleanup shall be completed by a qualified remediation contractor. A Qualified Contractor will consist of a contractor who has hazardous waste expertise and is certified to conduct clean-up operations in a meth contaminated condition. Contractors who have not been certified in a similar program should, at minimum, complete the 40-hour HAZWOPER training (OSHA 29 CFR § 1910.120). The contractors will need to provide the Housing Authority with documentation of completion for each employee who will be doing meth remediation. A Clearance test will be performed by a third-party test to insure the unit has been cleaned to at or below the Housing Authority set standard. The Housing Authority will pay for the first clearance test, if this test fails the Housing Authority will pay half the cost of the second test and the qualified contractor will be responsible to cover the other half of the testing cost. If the second test were to fail then the contractor will be responsible to cover all cost associated with the third test and any other testing after that. The Housing Authority shall hold $1500.00 from each remediation contract to cover the cost of testing until the unit passes a clearance test. Cleanup pertaining to these units shall have a scope of work established by the Housing Authority Inspector. This may require removal of all woodwork, any porous material, all affected cabinets and countertops, replace appliances and any other area as determined by the inspector and as written in the scope of work.

PRP.7.10.050 Failure to Perform Maintenance Responsibilities

Failure of the resident to perform his maintenance responsibilities is a breach of agreement for which termination proceedings may be instituted. This includes maintaining the unit and premises in a decent, safe and sanitary condition.

PRP.7.10.060 Charges for Maintenance

The tenant will be charged for all maintenance (other than routine) that has been caused by their abuse, misuse or neglect of the unit or appliances within the unit. The tenant will also be charged for any damages to the unit caused by vandalism or other criminal activity. (The tenant is free to seek reimbursement from the perpetrator).

PRP.7.10.070 Structural Changes

Structural changes to a unit may not be made unless specifically approved by the Housing Authority Executive Director.

Subchapter PRP.7.11 Inspections

PRP.7.11.010 Pre-Occupancy (Move-In) Inspections

Each unit shall be carefully inspected by Housing Authority staff and the resident prior to the occupancy in order to document the condition of the Dwelling Unit and Yard (as applicable) at the time the new tenant takes possession. An inspection report shall be signed by both the resident and Housing staff and a copy shall be made available to the resident and another placed in their file. Any deficiencies will be noted on the inspection report and shall be addressed by the Maintenance Department within three (3) days or as soon as reasonably possible. Dwelling units shall not be approved for occupancy unless they are properly equipped with appliances, furnaces, hot water heaters, that are in good working order, and the exterior and interior are in good repair.

PRP.7.11.020 Move-Out Inspections

(a) The purpose of the move-out inspection is to document the condition of the dwelling unit at the time the tenant (Renter / Homebuyer) vacates and the Housing Authority regains possession of the unit. When a family decides to vacate a unit (by providing a written Notification of Intent to Vacate); the family abandons the unit; or the families Rental Lease / Homebuyer (MHOA) Agreement with the Housing Authority is terminated (in writing), the Housing Authority shall conduct a move-out inspection.

(b) Units subject to a move-out inspection shall be inspected within twenty-four (24) hours of official notice by a resident that he/she has vacated the premises. The resident moving out will be invited to participate in the inspection and will be provided a copy of the final inspection results. The Housing Authority shall photograph or videotape move-out inspections to visually display the condition of the unit and grounds. Photographs or videotapes will be kept on file at the Housing Authority offices. The Housing Authority shall notify tenants of all move-out charges deemed over and above normal wear and tear by mail with a detailed list of charges. Charges will be determined from a list of average costs determined by the Maintenance Manager and Inspectors. The costs will include materials and labor for any and all repairs and the list will be updated on a bi-annual basis. Tenants will be given ten (10) working days from the date of the letter to schedule an appointment with the Maintenance Manager to dispute any of the move-out charges.

PRP.7.11.030 Annual Inspections

(a) The Housing Authority shall conduct a complete examination of each home once a year at the time of resident move in date, to ensure that resident and Housing Authority maintenance responsibilities are being met to maintain the unit in a decent, safe and sanitary condition.

(b) At the time of the annual inspection, the unit shall be tested for methamphetamine using a Meth Media Testing Kit (Wipe Test) in order to determine if meth is present and to determine what level of meth is present in the unit. The Housing Authority shall use the guidelines established pursuant to Section PRP.7.10.040 for clean-up and remediation for any unit that produces a positive test result. Likewise, the tenant shall be subject to the eviction procedures as established pursuant to Subchapter PRP.7.6 of this ordinance.

(c) Housing Services shall be responsible for arranging the annual inspection of units. Inspection of common areas is also included in the annual inspections.

(d) An inspection report shall be completed for each unit of housing. Immediate action shall be taken to bring any housing that is not in a satisfactory condition up to acceptable and decent standards. Work order requests shall be completed for emergency, urgent or preventive maintenance work. For substantial tenant damages or other deficiencies, the Inspector must send the resident a letter and indicate a date of the compliance review.

PRP.7.11.040 Property and Equipment Inspections

The Housing Authority shall inspect all grounds and equipment at least once a year to determine the general condition and trends which may indicate problems. The Housing Authority shall determine the scope of maintenance work that may need to be completed in the area and repair any hazardous conditions as soon as possible.

PRP.7.11.050 Warranty Inspections, New Construction

The Housing Authority shall make inspections every three months during the warranty period of a unit until expiration of all warranties. The Housing Authority shall make every effort to ensure that all warranty obligations are met.

PRP.7.11.060 Unscheduled (Emergency) Inspections

(a) The Housing Authority reserves the right to conduct Unscheduled Inspections in the event of emergency situations. In such cases the Tenant may not receive advanced notification.

(b) Cooperation / Coordination with Other Agencies.

(1) Unscheduled Inspections shall be conducted in cooperation with tribal, state, and/or federal Law Enforcement Agencies, Indian Child Welfare representative(s) or other Agencies (as dictated by the situation).

(2) Law enforcement inspections are not inspections conducted by the Housing Authority but by the law enforcement agency conducting the inspection.

(3) Law enforcement inspections are authorized pursuant to Section PRP.7.5.190(h)(3) of this ordinance as well as the Lease. The lease provides:

(A) Law Enforcement. Upon request by a law enforcement officer, any employee of the Lac Courte Oreilles Housing Authority may allow entry to your unit by law enforcement officials and to consent on your behalf to any entry or search of the unit, as requested by any law enforcement official. You agree to hold harmless the Lac Courte Oreilles Housing Authority, it's officers, employees, and agents for any harm or damages resulting therefrom.

(4) Such inspections require the prior approval of the Executive Director, or designee, or other Legal Authority (i.e., Tribal Court Order).

(c) Documenting Conditions. The current condition of the leased dwelling unit shall be documented on the standard Housing Authority Inspection Report.

PRP.7.11.070 Inspection Video Recording Procedures

The Housing Authority has found it essential to implement video-recording procedures for a number of reasons including the following:

(a) It provides a means to accurately back up paper records compiled during move-in, move-out, annual, and unscheduled inspections.

(b) It provides graphic evidence of the true condition of a unit, at the time of inspection that may be the result of poor housekeeping (cleanliness issues), vandalism or tenant caused damages. Due to the graphic nature of video tape recordings, this kind of documentation / evidence is difficult to refute by the tenant.

(c) It provides a means where by the Housing Authority can better defend itself against the many challenges it receives from tenants who contest charges levied upon them for the repair of damages caused to the dwelling unit.

(d) It provides a means where by the Housing Authority can better defend itself against the many challenges it receives from tenants when trying to uphold a Termination of Rental Lease and subsequently Eviction from the dwelling unit.

Subchapter PRP.7.12 Relocation Policy

PRP.7.12.010 Purpose

The purpose of this subchapter is to set forth the guidelines and procedures related to the temporary relocation of housing participants by the Housing Authority. These guidelines are established as a result of 49 CFR Part 24 - Uniform Relocation Assistance and Real Property Acquisition Regulations for Federal and Federally Assisted Programs (hereinafter "URA"). Prior to HUD approval for any grant, contract; or agreement requiring relocation activity under which federal funds provide financial assistance, the Housing Authority must provide a certification of compliance that it will comply with the URA. The Housing Authority will take appropriate measures to carry out the requirements contained in this policy in a manner that minimizes fraud, waste, and mismanagement. Instances of fraud and waste will be handled appropriately by the Housing Authority or referred to HUD's Office of Inspector General.

PRP.7.12.020 Project Planning

Consistent with the goals and objectives of HUD-funded programs, the Housing Authority assures that it will take all reasonable steps to minimize relocation as a result of a rehabilitation/modernization project. If necessary to accomplish this goal, the Housing Authority will consider the feasibility of carrying out the project in stages.

(a) The Housing Authority shall take the steps necessary to ensure cooperation and coordination among government agencies, utility providers, district officials, and affected persons.

(b) The Housing Authority shall consult with the residents of the house to be rehabilitated during the partnership process. Resident comments will be solicited and receive serious consideration. Resident participation is required for accurate planning.

(c) During the planning stage of the rehabilitation project, the Housing Authority shall review staffing; training; and any special problems associated with the relocation caused by the project.

PRP.7.12.030 Project Implementation

(a) All conditions of temporary relocation shall be reasonable. At the time the Housing Authority determines to allocate funds for rehabilitation and/or modernization, an initial notice shall be issued to all affected housing participants.

(b) At the time of project implementation, a general information notice (second notice) will be issued.

PRP.7.12.040 Schedule of Eligible Costs

(a) Actual Reasonable Moving and Related Expenses (49 CFR § 24.301). Any displaced owner-occupant or tenant of a dwelling who qualifies as a displaced person including temporary relocation is entitled to payment of his/her actual moving and related expenses, as the Housing Authority determines to be reasonable and necessary, including expenses for:

(1) Transportation of the relocating family and personal property. Transportation costs for a distance beyond 50 miles are not eligible, unless the Agency determines that relocation beyond 50 miles is justified.

(2) Packing, crating, unpacking and uncrating of the personal property.

(3) Storage cost of personal property for the duration of the temporary period.

(4) Disconnecting, dismantling, removing, reassembling, and reinstalling relocated household appliances and other personal property.

(5) Utility hook-ups and deposits, including reinstallation of telephone and cable television service if the owner/tenant had the service prior to the temporary relocation move at both the temporary replacement dwelling and at the original home when the rehabilitation work is completed.

(6) Insurance for the replacement value of the property in condition with the move and necessary storage.

(7) Rental Assistance Payment. The base monthly rental for the displacement dwelling is the lesser of: the fair market rent unless its use would result in hardship because of the person's income or other circumstances; or thirty (30) percent (or whatever the current percent charged) of the person's average gross household income.

(8) Any other reasonable costs directly associated to the temporary relocation.

(9) When determining whether a cost is eligible or ineligible, the Housing Authority must consider if the incurred cost directly caused by the relocation.

(10) For families not required to move, but unable to use food preparation facilities (kitchen) due to rehabilitation work, meal vouchers will be provided until the facilities are restored for use. The amount of the voucher will be determined based on provisions in the Travel Policy for meals and incidentals. The amount of the voucher will consider the size of the family.

(11) As much as possible, the Housing Authority will pay costs directly to the provider on behalf of the family. In situations where reimbursements are required, the Housing Authority will process all claims supported by receipts or reasonable proof as quickly as possible. In no case will a reimbursement take longer than seven working days. Requests for reimbursement must be made no later than 12 months from the date of occurrence with appropriate documentation (e.g., receipts).

PRP.7.12.050 Waiving Rights

(a) A family may elect to move on its own despite instructions to the contrary. In this instance, all right to reimbursement for costs is waived. The family must execute a statement acknowledging that a voluntary move will waive all rights under this policy.

(b) A family that willingly moves into a home that is not considered comparable (i.e., decent, safe, or sanitary) waives all rights under this policy. The family must execute a statement acknowledging that it will waive all rights under this policy.

PRP.7.12.060 Grievance / Appeals

(a) A participate may file a grievance resulting from the relocation activities pursuant to Subchapter PRP.7.14 of this ordinance.

PRP.7.12.070 Recordkeeping Requirements

(a) The Housing Authority will maintain records related to the temporary relocation for a period of at least three years. The required records will include at a minimum:

(1) Evidence of timely written notice of non-displacement;

(2) Evidence of a timely offer of a temporary relocation dwelling;

(3) An individual Relocation Plan;

(4) Records for all expenditures incurred in relation to the relocation activities;

(5) Any other documents determined by the Housing Authority as necessary; and

(6) A copy of any appeal or complaint filed, including the Housing Authority response.

(7) For participants who elect to relocate permanently, the records shall include a statement of the reasons why and any personal contacts made to explain available alternatives. In addition, the records shall include a statement that participants who elect to relocate permanently will not qualify for relocation payments as a "displaced person".

PRP.7.12.080 Relocation Procedures

The following procedures shall be used by Housing Authority staff in the implementation of this subchapter. Relocation, when necessary, shall be accomplished in a cost-effective manner and for the shortest duration of time possible to minimize the disruption to the affected families.

(a) Notices. The Executive Director or his/her designee shall ensure that the following types of notices are issued to the residents to be affected by the modernization or rehabilitation work.

(1) At the time that the Housing Authority submits an application for funding to HUD for any activity that may require relocation of residents of the Housing Authority, an initial notice shall be issued to all affected residents. The initial notice shall include, at a minimum, the following information:

(A) A statement of non-displacement.

(B) A statement advising the family not to move at this time.

(D) A statement that the family will be able to reoccupy a rehabilitated house in the same project (or the same house if it is a Mutual Help unit).

(E) A statement that the family will be informed of any events or occurrences that will impact the rehabilitation of their house.

(F) A statement that the family's required monthly payment shall not increase as a result of rehabilitation or modernization work being performed on their house.

(2) Upon notification by HUD of project approval, the Executive Director or his/her designee shall ensure that a second notice is issued to all affected residents again advising them not to move and that they will be notified in sufficient time to prepare for the temporary move.

(3) At least three weeks prior to the move, the Executive Director or his/her designee shall ensure that the final notice is mailed to all families that will be temporarily relocated to begin preparation for the move. The notice shall include a Schedule of Eligible Costs and at least the following information:

(A) The date of the move and the approximate duration of the temporary relocation.

(B) The address of the unit to be occupied by the family for the duration of the temporary relocation.

(C) A statement that the family will be returned to a similar rehabilitated unit (or the same house if it is Mutual Help).

(D) The name and telephone number of the Housing Authority employee to contact for assistance before and during the period of relocation.

(b) Identification/Preparation of Temporary Housing Units. To the greatest extent feasible, the Housing Authority shall utilize vacant housing units for housing relocated families. All units to be utilized for relocation shall be decent, safe, and sanitary, and shall meet Tribal and HUD Housing Quality Standards.

(1) The relocation coordinator shall work closely with the Maintenance Director to identify an adequate number of units for relocation purposes. The maintenance department shall be responsible for ongoing maintenance of the units during the period of relocation.

(2) The relocation coordinator shall also coordinate with the Resident Services Specialist assigned to the families to ensure that the required services (electric, water, sewer, telephone, etc.) are transferred to the relocation unit. All services shall be in the name of the family and will be the responsibility of the family (as in the unit from which they are being moved).

(3) The relocation coordinator or his/her designee shall make arrangements for storage facilities (if needed), and for moving of the family(ies) possessions to the temporary relocation unit.

(4) The relocation coordinator and the Resident Service Specialist assigned to the family, shall conduct a move-in inspection with at least one adult of the family being relocated, prior to the move-in. Deficiencies (if any) shall be noted on the inspection form and shall be signed by the adult family member and the relocation coordinator or the Resident Services Specialist. One copy of the inspection form shall be given to the adult family member, one shall be maintained in the family's relocation file, and one shall be forwarded to the maintenance department so the deficiencies (if any) can be scheduled for correction by the maintenance staff.

(5) In instances where the modernization work would require the family's absence from the unit for a period of less than five working days, the Housing Authority may offer the family the option of staying in a nearby hotel/motel, provided it is cost effective to do so, and the family accepts the offer.

(6) Where the family is not required to move but is unable to use the kitchen for food preparation, the relocation coordinator is responsible for ensuring that meal vouchers are issued to the family prior to, or on the day that the work begins which makes the kitchen unavailable to the family.

(1) The relocation coordinator, with the assistance of the Resident Services Specialist shall schedule the movers to transfer the family back to the rehabilitated unit. The Resident Services Specialist will have transferred all utilities back to the rehabilitated unit in the family's name. A move-in inspection shall be conducted in accordance with established procedures.

(2) The relocation coordinator and the Resident Services Specialist with at least one adult family member shall conduct a move-out inspection of the relocation unit. Deficiencies (if any) shall be noted on the inspection form. A copy of the form shall be given to the family, along with charges for all family-caused damages. A copy shall be forwarded to the maintenance department, and one maintained in the relocation file.

(3) The relocation coordinator or his/her designee shall prepare a form HUD-40054, Claim for Moving and Related Expenses for each family, to document all costs associated with the relocation. The form shall be forwarded to the Executive Director for approval. Upon approval, one copy shall be maintained in the relocation file, and one forwarded to the Finance Officer who will process payment of the claim.

(d) Recordkeeping.

(1) The relocation coordinator shall be responsible for ensuring that all records associated with the relocation of families are properly maintained. All records shall be maintained for a minimum of three years. The following documents (at a minimum) shall constitute the record of relocation:

(A) Documentation of all contacts with the affected family(ies).

(B) A list of all persons authorized to occupy the unit at the time the Housing Authority determined the family's eligibility for relocation assistance.

(D) Copy of timely offer of temporary relocation dwelling.

(E) Copies of all relocation needs and preferences of, and services provided to the affected family(ies).

(F) Copies of all referrals and notices issued.

(G) Individual Relocation Plan.

(H) Records for all expenditures incurred for the family associated with the relocation.

(I) A copy of any appeal/complaint filed and the Housing Authority's response.

(J) For participants who elect to relocate permanently, the records shall include a statement of the reason(s) why, and documentation of Housing Authority's contacts with the participant to explain available alternatives. The record shall also contain a statement signed by the participant acknowledging that they will not be eligible for relocation payments as a "displaced person".

Subchapter PRP.7.13 Collection and Compliance Policy

PRP.7.13.010 Purpose

(a) The Housing Authority adopts this collections and compliance Subchapter to identify the responsibility for payment and collections, and procedures for eviction in the event of nonpayment. If payments are not made new units cannot be built, existing units cannot be maintained, and administrative costs cannot be paid. Payments must be paid when due to allow the Authority to meet its financial obligations on a timely basis.

(b) For the purposes of this subchapter, rental and homeownership occupants and other families receiving services will be referred to as "tenants". This policy shall apply to tenants who have entered into a lease; homeownership agreement; contract; or any other type of agreement with the Housing Authority.

(c) This subchapter only describes the consequences of violating financial obligations and does not address the policies and procedures that relate to other lease violations.

PRP.7.13.020 Collections

(a) Timetable for Notices Applicable to Rental Programs.

(1) First Notice, If the rent payment is not paid by the 10th day of the month the Housing Authority shall hand deliver a Notice to Pay Rent or Quit to the tenant or an adult member of the household. This notice will include the following:

(A) The date of the notice.

(B) The date the rent or homebuyer payment and other charges were due.

(D) A statement of the ramifications of non-payment.

(2) Final Notice. If the rent payment is not paid according to the terms of the First Notice, the Housing Authority shall hand deliver a Termination of Tenancy Fourteen Day Notice. This notice will include the following:

(A) The date of the notice.

(B) The tenancy is being terminated.

(D) Statement of who to contact to make payment in full, reach an agreement for payment, or to make arrangements to vacate the premises.

(E) Statement that failure to comply with this notice will result in legal action to terminate the lease and for Housing Authority to reclaim the premises.

(3) The tenant's right to retain occupancy by paying in full all financial obligations after service of a Fourteen Day Notice is terminated if the tenant has been previously served with two or more notices of non-payment of rent and the Housing Authority serves on the tenant a Thirty Day Notice of Termination.

(4) If a tenant has not complied with the financial requirements described in their Dwelling Lease, the Housing Authority shall hand deliver to the tenant or an adult member of the household a Thirty Day Notice of Termination. This notice shall contain the following:

(A) To vacate the premises within 30 days from the date of this notice.

(B) The reason for termination.

(D) Failure to vacate the premises within the 30 days, legal action will be taken.

(E) A statement of any right to file a grievance.

(F) The right to examine any relevant documents.

(5) The tenant shall be liable to the Housing Authority for any court costs associated with an eviction or other legal action brought to enforce a lease, including but not limited to filing, service, and legal fees.

(b) Collection or Non-compliance Remedies.

(1) Tenants with delinquent accounts or who are not in compliance with their Dwelling Lease Agreement are encouraged to enter into agreements for payment of their delinquent account or to become in compliance with the requirements of their Dwelling Lease Agreement. The Housing Authority may negotiate an agreement for non-payment or non-compliance with the tenant as an alternative to termination. The agreement will include an acknowledgment of the amount owed, the terms of repayment including the date, amount, and method of payment, other non-compliance issues, along with a default clause in the event the agreement is breached. The agreement will be signed by the head of household or spouse as applicable and designated Housing Authority staff. If a tenant presents credible evidence of hardship that caused or may cause a breach of the agreement, the Housing Authority will have discretionary authority to renegotiate or reconsider the agreement. If prior agreements have failed, the Housing Authority may choose not to reconsider the agreement with the tenant.

(2) Should a tenant violate the terms of their agreement with the Housing Authority, the Housing Authority shall proceed with proper legal eviction action.

(3) Payment agreements may be executed for payment of vacated accounts.

(4) Failure to make the required monthly payments and/or breach of subsequent payment agreements and termination of the tenant's lease agreement will result in suspended eligibility for future services or benefits offered by the Housing Authority.

(5) Tenants with delinquent accounts will be referred to appropriate counseling and provided any other available information that may enhance the prompt payment of their delinquent account. The Housing Authority may schedule a counseling session for the tenant at a specified time and location during the period of account delinquency. Attendance and participation will be required. The Housing Authority shall require the tenant to sign a statement documenting attendance and commitment by the tenant to improve their personal financial management skills.

(6) At the discretion of the Housing Authority, full payment of delinquent rent payments, including any current amounts due, may be accepted and collection proceedings stopped if received prior to court action.

(7) For vacated accounts, reconciliation of the tenant's account including any damages charged to the tenant will be promptly sent to the former tenant after the unit has been vacated at the last known address. If any amount due is not paid or arrangements have not been made within 90 days, the account will be determined to be uncollectible.

(8) Uncollectible accounts will be removed from the accounts of the Housing Authority but not forgiven to the former tenant.

PRP.7.13.030 Payment Arrangements

(a) Extension. If a tenant is unable to make their payment when due, they may request an extension from the Executive Director or designee. Such extensions shall be documented and granted only in situations of extreme temporary hardship at the discretion of the Executive Director or designee.

(1) Circumstances warranting approval of an extension are unusual and unexpected family expenses, such as a death in the family or high medical expense not covered by insurance or a sudden loss of income.

(2) The above does not include normal living expenses such as high grocery bills, utility bills, etc., nor does it include payments for household furnishings, clothing or automobiles.

(b) Payment Agreements for Past Due Balances. Written re-payment agreements may be entered between tenant and the Executive Director, or designee, for payment of past due balances which specify due dates and amounts. Extensions of written repayment agreements shall not be granted; instead, agreements may be renegotiated, if justified by a significant change in circumstances. Re-payment Agreements shall be signed stating the tenant will pay the regular monthly payment and a designated amount towards the outstanding balance.

(1) Where a payment agreement is in default it will not be renewed. Eviction action may be taken where payment agreements are not honored by the family.

(c) Automatic Payments and Payroll Deductions. The Authority will cooperate with tenants and homebuyers in order to make arrangements with their employers for direct payroll deductions or source of income for automatic payments.

PRP.7.13.040 Counselling

Prior to an eviction action for nonpayment, the Housing Authority shall make every effort to counsel the tenant concerning his/her payment responsibilities. The Housing Services Specialist shall be provided copies of all eviction notices sent to tenants. The Accounts Receivable Clerk along with the Housing Services Specialist shall make arrangements to provide counseling to tenants sent eviction notices.

PRP.7.13.050 Vacancy Without Notice

If a tenant vacates a unit without giving notice as required by his/her lease or agreement, the Housing Authority shall charge rent and other payments for a period of time equal to the required length of notice.

Subchapter PRP.7.14 Grievance Policy

PRP.7.14.010 Purpose

The purpose of this subchapter is to establish the procedures by which the Housing Authority shall ensure that all applicants and residents are allowed an opportunity to dispute Housing Authority action or failure to act and receive within a reasonable period of time a resolution of their grievance. The policy shall be applicable only to matters within the control and responsibility of the Housing Authority.

PRP.7.14.020 Settlement of Grievance

(a) All grievances shall be in writing (signed by the complainant) and shall be hand delivered by the complainant or his/her representative or delivered by mail, to the Executive Director. The grievance may be simply stated, but shall specify:

(1) The particular grounds(s) upon which it is based;

(2) The action requested; and

(3) The name, address and telephone number of the complainant and similar information about his/her representative, if any.

(b) The grievance must be presented by the complainant or his representative within a reasonable time, not in excess of ten (10) days of the action or failure to act which is the basis of the grievance.

(c) The Executive Director shall schedule a hearing as promptly as possible. A written notification specifying the time place and procedures governing the hearing shall be delivered to the complainant.

(d) Escrow Deposit.

(1) Before a hearing is scheduled in any grievance involving an amount of rent the Authority claims is due, the complainant shall pay to the Authority all rent due and payable as of the month preceding the month in which the act or failure to act took place.

(2) The complainant shall, prior to the initiation of a grievance hearing, deposit the disputed sum into an escrow account, and, if the dispute involves the amount of monthly payment, such continuing monthly payments shall also be deposited into the escrow account until the complaint is resolved by decision of the Executive Director. If the dispute is not over the amount of the monthly rent or payment, the complainant is required to continue such monthly payments as per the lease or agreement.

(3) The requirements specified in Section PRP.7.14.020(d)(1) and (b) above, may be waived by the Housing Authority in extraordinary circumstances.

(4) Unless so waived, failure to make the aforementioned payments shall result in termination of the grievance procedure.

(5) Upon settlement of the dispute by decision of the Executive Director, the funds so deposited in said escrow account shall be distributed as per the decision.

PRP.7.14.030 Grievance Hearing Procedure

(a) The hearing shall be held before the Executive Director.

(b) The complainant shall be afforded a fair hearing providing the basic safeguards of due process which shall include:

(1) The opportunity to examine before the hearing and, at the expense of complainant, to copy all documents, records and regulations of the Authority that are relevant to the hearing. Any document not so made available after request therefore by the complainant may not be relied on by the Authority at the hearing.

(2) The right to be represented by counsel or another person chosen as his/her representative.

(3) The right to a private hearing unless the complainant requests a public hearing, but this shall not be construed to limit the attendance of persons with a valid interest in the proceedings.

(4) The right to present evidence and arguments in support of his/her complaint, to controvert evidence relied on by the Authority, and to confront and cross examine all witnesses on whose testimony or information the Authority relies.

(5) A decision based solely and exclusively upon the facts presented at the hearing.

(c) The Executive Director may render a decision without proceeding with the hearing if the Executive Director determines that the issue has been previously decided in another proceeding.

(d) If the complainant fails to appear at the scheduled hearing, the Executive Director may make a determination to postpone the hearing for not to exceed five business days or may make a determination that the party has waived his/her right to a hearing. The complainant shall be notified of the determination by the Executive Director; provided, that a determination that the complainant has waived his right to a hearing shall not constitute a waiver of any right the complainant may have to contest the Authority's disposition of the grievance in an appropriate judicial proceeding.

(e) At the hearing, the complainant must first make a showing of an entitlement of the relief sought. The Authority must sustain the burden of justifying the Authority action or failure to act against which the complaint is directed.

(f) The hearing shall be conducted informally and oral or documentary evidence pertinent to the facts and issues raised by the complaint may be received without regard to admissibility under the rules of evidence applicable to judicial proceedings. The Executive Director shall require the complainant, counsel and other participants or spectators to conduct themselves in an orderly fashion. Failure to comply with the directions of the Executive Director to obtain order may result in exclusion from the proceedings or in a decision adverse to the interests of the disorderly party and granting or denial of the relief sought as appropriate.

(g) The complainant may arrange, in advance and at his/her own expense, for a transcript of the hearing. Any interested party may purchase a copy of the transcript.

PRP.7.14.040 Grievance Hearing Decision

(a) The decision of the Executive Director shall be based solely and exclusively upon evidence presented at the hearing and upon applicable Authority and HUD regulations, federal and tribal law.

(b) The Executive Director shall prepare a written decision, including a statement of findings and conclusions, as well as the reasons therefore, within a reasonable time after the hearing. A copy of the decision shall be sent to the complainant. The Authority shall retain a copy of the decision in the complainant's folder. A copy of such decision, with names and identifying references deleted, shall be maintained on file by the Authority and made available for inspection by a prospective complainant, or his/her representative.

(c) The decision of the hearing panel shall be binding on the Authority which shall take all actions, or refrain from any actions, necessary to carry out the decision.

PRP.7.14.050 Effect of Grievance Hearing Decision

The Executive Director's disposition of the grievance shall be final, however a decision by the Executive Director in favor of the Authority or which denies the relief requested by the complainant in whole or in part shall not constitute a waiver of, nor affect in any manner whatever any rights the complainant may have to any judicial proceedings, which may thereafter be brought in the matter.

PRP.7.14.060 Exclusions of Eviction Related Grievances

The provisions of this subchapter do not apply to eviction actions which are covered by Subchapter PRP.7.6 of this ordinance.

Chapter PRP.9 Homeowner Assistance Fund Policies and Procedures of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

Preamble

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians to provide for the decent, safe and sanitary dwellings for the members of the Tribe which predates its Treaties of 1825, 1826, 1837, 1842, 1847 and 1854 with the United States Government. In the implementation of this inherent sovereign authority, Article V, §§ 1 (b), (c) and (h) of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to: "prevent the sale, disposition, lease, or encumbrance of tribal lands, interests in lands, or other assets" Article V, § (b); to "negotiate, make and perform contracts and agreements of every description, not inconsistent with law or with any provisions of this Constitution, with any person, association, or corporation, with any county, or with the State of Wisconsin or the United States" Article V, § (c); to "engage in any business that will further the social or economic well-being of members of the Band or undertake any programs or projects designed for the economic advancement of the people" Article V, § (h). Pursuant to this inherent sovereign authority, the Tribal Governing Board hereby establishes the following Homeowner Assistance Fund Policies and Procedures, as established in conformity with guidance regarding the Homeowner Assistance Fund (HAF), as established under section 3206 of the American Rescue Plan Act of 2021 (the ARPA) and to the amended Title VI of the Social Security Act sections 602 and section 603 which established the State and Local Fiscal Recovery Funds (SLRF).

Subchapter PRP.9.1 General Provisions

PRP.9.1.010 Title

This ordinance shall be known as the Homeowner Assistance Fund Policies and Procedures of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

PRP.9.1.020 Authority

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. In the implementation of this inherent sovereign authority, Article V, § 1 (b), (c), (h) and (n) of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to: "prevent the sale, disposition, lease, or encumbrance of tribal lands, interests in lands, or other assets" Article V, § (b); to "negotiate, make and perform contracts and agreements of every description, not inconsistent with law or with any provisions of this Constitution, with any person, association, or corporation, with any county, or with the State of Wisconsin or the United States" Article V, § (c); to "engage in any business that will further the social or economic well-being of members of the Band or undertake any programs or projects designed for the economic advancement of the people" Article V, § (h); and "to regulate, by enactment of ordinances, the conduct of business within the territory of the band" Article V, § (n). The Homeowner Assistance Fund (HAF) was established to mitigate financial hardships associated with the coronavirus pandemic by providing funds for the purpose of preventing homeowner mortgage delinquencies, defaults, foreclosures, loss of utilities or home energy services, and displacements of homeowners experiencing financial hardship after January 21, 2020, through qualified expenses related to mortgages and housing.

PRP.9.1.030 Purpose

It is the purpose of this ordinance to administer the HAF program in a manner that provides for the fair and equitable assistance to all eligible persons who apply for assistance, and provide a means to assure that the Tribe's actions are in full compliance with standards applicable to the Homeowner Assistance Funds ("HAF Program Funds") received from the U.S. Treasury pursuant to Section 3206 of the American Rescue Plan Act of 2021, P.L. No. 117-2 (March 11, 2021) and to the amended Title VI of the Social Security Act sections 602 and section 603 which established the State and Local Fiscal Recovery Funds.

PRP.9.1.040 Application

This ordinance shall govern all applications for assistance for HAF Program for qualified expenses that are only for the purpose of preventing homeowner mortgage delinquencies, homeowner mortgage defaults, homeowner mortgage foreclosures, homeowner loss of utilities or home energy services, and displacements of homeowners experiencing financial hardship.

Assistance to be provided under the HAF Program is subject to the availability of funds. No applicant or household determined to be eligible is entitled to or has a property right to receive funding under the HAF Program. When funding for the HAF Program is fully expended, the HAF Program will terminate and this ordinance shall be repealed. These Policies and Procedures are based on, and the HAF Program will be carried out, in reliance upon and in accordance with the April 14, 2021, guidance document from the Department of Treasury (entitled "Homeowner Assistance Fund Guidance"), along with any future modiﬁcation, clariﬁcation, or supplementation which the Treasury may provide. These Policies and Procedures, and the administration of the HAF Program shall be subject to change if and when additional guidance is provided.

The period of performance for the award of HAF funds begins on the date the Tribe's Financial Assistance Agreement was executed and ends on December 31, 2026. The Tribe shall not incur any obligations to be paid with the funding from this award after such period of performance ends.

PRP.9.1.050 Effective Date

Except as otherwise provided in specific sections, the provisions of this Ordinance shall be effective on the date adopted by the Tribal Governing Board.

PRP.9.1.060 Interpretation

The provisions of this Ordinance:

(a) Shall be interpreted and applied as minimum requirements applicable to all;

(b) Shall be liberally construed in favor of the Tribe;

(d) Shall not be construed as waiving the Tribe's inherent sovereign authority.

PRP.9.1.070 Severability and Non-Liability

Subchapter PRP.9.2 Definitions

PRP.9.2.010 General Definitions

Any term not defined in this section shall be given its ordinary meaning. The following terms, wherever used in this ordinance, shall apply to these Policies and Procedures and shall be construed to apply as follows, except where context indicates otherwise:

(a) "100% of the Area Median Income" for a household means two times the income limit for very low-income families, for the relevant household size, as published by the Department of Housing and Urban Development (HUD) in accordance with 42 U.S.C. 1437a(b)(2) for purposes of the HAF Program.

(b) "100% of the Median Income for the United States" means the median income of the United States, as published by HUD.

(c) "150% of the Area Median Income" for a household means three times the income limit for very low-income families, for the relevant household size, as published by HUD in accordance with 42 U.S.C. 1437a(b)(2) for purposes of the HAF Program.

(d) "Applicant" a homeowner who applies for assistance pursuant to this ordinance.

(e) "ARPA" means the American Rescue Plan Act.

(f) "ARPA Program Manager" means the person employed by the Lac Courte Oreilles Tribe to administer the American Rescue Act Plan programs on behalf of the Band.

(g) "Broadband Internet Access Service" in 47 CFR 8.1(b) is "a mass market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up internet access service. This term also encompasses any service that the [Federal Communications] Commission ﬁnds to be providing a functional equivalent of the service described in the previous sentence or that is used to evade the protections set forth in this part."

(h) "Conforming Loan Limit" means the applicable limitation governing the maximum original principal obligation of a mortgage secured by a single-family residence, a mortgage by a 2- family residence, a mortgage secured by a 3-family residence, or a mortgage secured by a 4- family residence, as determined and adjusted annually under section 302(b)(2) of the Federal Mortgage Association Charter Act (12 U.S.C. § 1717(b)(2) and section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 US.C. § 1454(a)(2).

(i) "COVID-19" the viral disease known as SARS- CoV-2.

(j) "Dwelling" means any building, structure, or portion thereof that is occupied as, or designed or intended for occupancy as, a residence by one or more individuals.

(k) "Eligibly Entity" under the Homeowner Assistance Fund means (1) a state, (2), the Department of Hawaiian Home Lands, (3) each Indian tribe (or, if applicable, the tribally designated housing entity of an Indian tribe) that was eligible for a grant under Title I of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. § 4111 et seq.) for ﬁscal year 2020, and (4) any Indian tribe that opted out of receiving a grant allocation under the Native American Housing Block Grants program formula in ﬁscal year 2020.

(l) "Eligible Homeowner" means for the purpose of this chapter, an enrolled tribal member of the tribe and they own a pre-existing primary dwelling located on the reservation.

(m) "Financial Hardship" means a material reduction in income or material increase in living expenses associated with the coronavirus pandemic that has created or increased a risk of mortgage delinquency, mortgage default, foreclosure, loss of utilities or home energy services, or displacement for a homeowner.

(n) "Household" means for the purpose of this chapter a family unit occupying a primary dwelling on the reservation of which the head of household, or the dwelling owner, must be an enrolled member of the tribe.

(o) "Indian Tribe" means a tribe that is a federally recognized tribe or a "State recognized tribe" as those terms are deﬁned in NAHASDA, 25 U.S.C. 4103(13).

(p) "Mortgage" means any credit transaction (1) that is secured by a mortgage, deed of trust, or other consensual security interest on a principal residence of a borrower that is (a) a one- to four-unit Dwelling, or (b) a residential real property that includes a one- to four-unit Dwelling; and (2) the unpaid principal balance of which was, at the time of origination, not more than the conforming loan limit. For purposes of this deﬁnition, the conforming loan limit means the applicable limitation governing the maximum original principal obligation of a mortgage secured by a single-family residence, a mortgage secured by a two-family residence, a mortgage secured by a three-family residence, or a mortgage secured by a four- family residence, as determined and adjusted annually under section 302(b)(2) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)(2)) and section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)).

(q) "Obligation" means a contract or purchase action such as a new contract, modification, change order, interagency agreement, interdepartmental agreement, application for services or benefits, purchase order or any customary means that obligates the Tribe to pay a contractor or vendor; provided, that such contract or purchase action is approved by the Tribal Governing Board or otherwise authorized by an individual to whom the Tribe has expressly delegated the authority to make such an obligation.

(r) "Primary Dwelling" means a residence or dwelling which is located on the reservation and is owned by an enrolled member of the tribe.

(s) "Qualified Expenses" means any determination by the ARPA manger that is deemed compliant under this chapter in furtherance of the purpose of the HAF program. Expenses that are not eligible will be projects that cannot be competed under the terms of the chapter, including additional costs, extensive additional repairs beyond the scope of the original determination by the AARPA manager.

(t) "Reasonable Repair' for the purposes of this chapter a reasonable repair is a repair to a primary dwelling that is necessary for the safety and health of the occupants. A repair that cannot be completed under the requirements of this chapter shall be deemed to be unreasonable and thus not eligible. Repairs that require additional work outside the scope of the original repair is ineligible. Any repairs that damage or otherwise leave the primary dwelling or building unsafe for the inhabitants shall be deemed ineligible.

(u) "Secretary" means the Secretary of the U.S. Department of Treasury, except where otherwise indicated.

(v) "Socially Disadvantaged Individuals" means those who have been subject to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities. The social disadvantage must stem from circumstances beyond their control. There is a rebuttable presumption that the following individuals are socially disadvantaged: Black Americans, Hispanic Americans, Native Americans, and Asian Americans and Paciﬁc Islanders. In addition, an individual may be determined to be a socially disadvantaged individual in accordance with the procedures set forth in 13 C.F.R. § 124.103(c) or (d).

(w) "State and Local Fiscal Recovery Funds" means the program that was established by sections 602 and section 603 of Title VI of the Social Security Act which provides support to State, local, territorial, and Tribal governments to mitigate the fiscal effects of the COVID-19 public health emergency.

(x) "Treasury" means the U.S. Department of Treasury.

(y) "Tribal Member" means aa enrolled member of the Lac Courte Oreilles Indian Tribe.

(z) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

Subchapter PRP.9.3 Authority and Administrations

PRP.9.3.010 General

This subchapter discusses the authority for program activity and delegation of the

administration of the HAF program function.

PRP.9.3.020 Delegation of Authority

(a) Generally, this ordinance delegates responsibility for administration of the HAF Program functions to the Tribal Governing Board (hereinafter "TGB"). As established in Article V(1)(c) of the Lac Courte Oreilles Constitution and Bylaws dated November 2, 1966, the TGB has the power to "negotiate, make and perform contracts and agreements of every description," including this HAF ordinance.

(b) The TGB hereby appoints and delegates authority and the administration of this ordinance to the ARPA Program Manager when performing such functions, regardless of any other job, position or title the individual appointed may have. The ARPA Program Manager shall issue operational procedures, including procedures for the processing of applications and requisitions to implement this ordinance. Violation of this ordinance, including the ethical standards, shall constitute insubordination and shall be subject to disciplinary action (which may include suspension and/or termination) by the TGB.

PRP.9.3.030 Responsibility of the ARPA Program Manager

Pursuant to the delegated authority established in this ordinance, it is the responsibility of the ARPA Program Manager or their designee to:

(a) Use sound judgment in accomplishing the HAF Program activities for the Tribe; and

(b) Ensure that applicants receive fair, impartial, and equitable treatment; and

(d) to Ensure that all grant expenditures of the HAF Program are spent to maximize the available grant funds to the Program and in turn, to tribal members.

Subchapter PRP.9.4 General Requirements

HAF Program Funds shall only be used to provide ﬁnancial assistance to Eligible Homeowners to use for qualiﬁed expenses for the uses set forth herein and in accordance with the terms of this Policy.

PRP.9.4.010 Application

To participate in the HAF Program, a Homeowner must ﬁrst submit a complete, written Application to the ARPA Manager. This Application must include all required information, as described herein.

PRP.9.4.020 Participation

If an Applicant is approved for participation in the HAF Program, they must then submit information and supporting documentation each month for which they seek continued HAF Program Funds, unless such payments are to be provided for a 3-month period, for which the Applicant must provide such information for the 3-month period.

PRP.9.4.030 Qualiﬁed Expenses

For the purposes of this chapter the maximum amount of assistance for each tribal member and for each primary dwelling shall not exceed $30,000. The eligible tribal member may not receive the total maximum amount. The maximum benefit is based on the eligible and reasonable repairs as deemed by the ARPA Program manager and subject to review by the Tribal Governing Board.

HAF Program Funds may only be used for the following types of qualiﬁed expenses that are for the purpose of preventing the displacement of homeowners experiencing ﬁnancial hardship, after January 21, 2020:

(a) Mortgage payment assistance. The Lac Courte Oreilles Tribe will provide full or partial payment assistance to homeowners unable to make full mortgage payments due to a continuing financial hardship associated with the Coronavirus pandemic. HAF funds will be used to reduce a homeowner's monthly mortgage/loan payments for a period up to 12 months or until the Maximum Amount of Assistance is reached. HAF funds will only be used to supplement other loss mitigation measures offered by the servicer or where HAF funds are necessary for the homeowner to qualify for other such loss mitigation measures. Funds will be paid, as applicable, to the mortgage servicer or other third-party payee authorized by the servicer, or other third party authorized to collect eligible charges in accordance with reinstatement instructions received from the payee.

(b) Payment assistance for delinquent property taxes to prevent homeowner tax foreclosures. Payment assistance will be provided for delinquent property taxes to prevent homeowner tax foreclosures. Funds will be paid to resolve any property charge default that threatens a homeowner's ability to sustain ownership of the property, whether concurrently with other loss mitigation options offered by the loan servicer or in conjunction with other assistance programs. HAF Funds may be used to brought current by program assistance or resolved concurrently with the program providing assistance. Funds may also be used to pay property charges coming due in the 90 days following program approval. Funds will be paid directly to the appropriate County Office.

(c) Measures to prevent homeowner displacement, such as home repairs to maintain the habitability of a home or assistance to enable homeowners to age in place.

Each Homeowner will be eligible with respect to the applicant's primary residence, including a dwelling to be made habitable so it may serve as the homeowner's primary residence, or improvements that allow a senior to age in place. Assistance will be provided to homeowners to ensure the habitability of the home through reasonable repairs and other renovations that increase the useful life of the dwelling and reasonable home repair expenses to the homeowner's primary residence as necessary to restore the property to habitable condition or to resolve housing/property code violations. HAF Funds may be used to pay the reasonable cost of repairs necessary to address property conditions, including pre-development costs, necessary architectural or engineering fees, construction oversight, or other costs incidental but necessary to the completion of the eligible scope of work. The Tribe will utilize HAF administrative funds to provide technical assistance to the homeowner (e.g., identifying and contracting for the necessary repair work).

Eligible Property Conditions:

● Property will continue to be the applicant's owner-occupied primary residence once the repairs are made.

● Properties that have outstanding violations may receive assistance if corrections are addressed before funding or are included in the scope of work funded by the program.

● Housing deficiencies or conditions exist which may be hazardous to occupants/residents,

● Property has a code violation or other citation, or is in danger of being cited or condemned, without the necessary repair,

● Property is uninhabitable or condemned and the repair is necessary to make the home habitable, OR

● Home improvements are necessary to improve accessibility and help senior residents age in place.

● Repairs will be completed by a professional local contractor found to be qualified and reputable in accordance with reasonable criteria established by the Tribe;

● Copy of contract must be provided to the program for approval, or homeowners and contractors must use a program-approved contract template.

● Projects must comply with applicable building and other applicable code requirements.

Funds will be paid directly to the general contractor or entity responsible for the repairs/ installation upon satisfactory completion of the work. HAF technical assistance funds will be utilized to ensure reasonable oversight of the quality and completion of work will be performed before full payment is made.

(d) Reimbursement of funds expended by a state, local government, or entity described in clause (3) or (4) of the deﬁnition above of "eligible entity" during the period beginning on January 21, 2020, and ending on the date that the ﬁrst funds are disbursed by the Tribe under the HAF Program, for a qualiﬁed expense (other than any qualiﬁed expense paid directly or indirectly by another federal funding source, or any qualiﬁed expenses described in clauses; and

(e) Planning, community engagement, needs assessment, and administrative expenses related to disbursement of HAF Program Funds for qualiﬁed expenses, in an aggregate amount not to exceed 15% of the funding from the HAF Program received by the Tribe.

PRP.9.4.040 Duplication of Assistance

An Eligible Homeowner that occupies a Dwelling for which that Homeowner is receiving or has already received other federal assistance may receive HAF Program assistance, provided that HAF Program Funds are not applied to costs that have been or will be reimbursed under any other federal assistance. To the extent feasible, the Tribe will ensure that any ﬁnancial assistance provided to an Eligible Homeowner pursuant to the HAF Program Funds is not duplicative of any other Federally funded rental assistance provided to such Homeowner.

If an Eligible Homeowner receives homeowner assistance other than through the HAF Program, the HAF Program Funds may only be used to pay for costs that are not paid for by the other homeowner assistance. When providing HAF Program Funds, staff must review the Eligible Homeowner's income and sources of assistance to conﬁrm that the HAF Program Funds do not duplicate any other assistance, including federal, state, and local assistance provided for the same costs.

PRP.9.4.050 Eligibility Requirements

In order to be eligible to apply for the HAF Program, at the time the Applicant applies to the HAF Program, the Applicant must meet the following eligibility requirements:

(a) The home must be located within the Lac Courte Oreilles Indian Reservation.

(b) The home must be a primary dwelling that has been owned and occupied prior to March 2020.

(d) Eligible applicants whose income exceeds 150% of the area median income will be assisted with the Homeowner Assistance Program set-aside of the Tribe's ARPA funds.

(e) Land lots, non-primary dwelling, or dwelling under construction (initial construction) are not eligible for HAF funding under this chapter.

(f) The Applicant is a homeowner who has experienced a ﬁnancial hardship after January 21, 2020 and have an income equal to or less than 150% of the area median income.

(g) The Applicant attests to the nature of the ﬁnancial hardship experienced after January 21, 2020. The attestation must describe the nature of the ﬁnancial hardship (for example, job loss, reduction in income, or increased costs due to healthcare or the need to care for a family member).

(h) HAF Program Funds received by an Applicant must only be used for qualiﬁed expenses set forth in these Policies and Procedures that are related to the Dwelling that is used as the homeowner's primary residence.

PRP.9.4.060 Income Determination

In determining the Income of a household for purposes of determining such household's eligibility for assistance from the HAF Program Funds, staff may use HUD's deﬁnition of "annual income" in 24 C.F.R. § 5.609 or use adjusted gross income as deﬁned for purposes of reporting on Internal Revenue Service (IRS) Form 1040 series for individual federal annual income tax purposes.

PRP.9.4.070 Documentation of Income Determination

Applicant must provide sufﬁcient information under the circumstances to have a reasonable basis under the circumstances for purposes of determining if the income eligibility requirements in (1) above are met.

Two approaches for income veriﬁcation are permissible:

(a) the household may provide a written attestation as to household income together with supporting documentation such as paystubs, W-2s or other wage statements, IRS Form 1099s, tax ﬁlings, depository institution statements demonstrating regular income, or an attestation from an employer; or

(b) the household may provide a written attestation as to household income and may use a reasonable fact-speciﬁc proxy for household income, such as reliance on data regarding average incomes in the household's geographic area. In implementing the HAF Program, the Tribe will avoid establishing documentation requirements that are likely to be barriers to participation for eligible households, including those with irregular incomes such as from a small business.

All applications must include some form of information attesting to their income for the past calendar year in order to determine eligibility. Failure to provide income attestation will result in an automatic denial for the application.

PRP.9.4.080 Waiver or Exception to Documentation Requirement

The Tribe may provide a waiver or exception to documentation of income requirement as reasonably necessary to accommodate extenuating circumstances, such as disabilities, practical challenges related to the pandemic, or a lack of technological access by homeowners; in these cases, the Tribe is still responsible for making the required determination regarding household income and documenting that determination.

Subchapter PRP.9.5 Application Procedures

PRP.9.5.010 Application Process

To participate in the HAF Program, an Applicant must ﬁrst submit a complete, written Application on the forms provided by the Tribe, which are attached as Exhibits to this Policy. All information required to be on the forms must be completed, or the Application will be returned.

Applications for the HAF Program must be submitted to the Tribe by mailing or dropping off the Applications to the following address:

Lac Courte Oreilles Tribal Government

Attention: ARPA Team

13394 W. Trepania Road

Hayward, WI 54843

The Application must include the information prescribed on approved program forms.

Falsiﬁcation and Investigation. If it is discovered that an Applicant has falsiﬁed his or her application, or otherwise abused the HAF Program, or if an Eligible Homeowner fails to notify the Tribe of changes to eligibility, the homeowner will be subject to penalties. Penalties will include ineligibility for continued participation in the HAF Program and repayment of the value of any beneﬁt for which they were not eligible to receive. The Tribe shall have the right to seek such repayment through garnishment of the Recipient's wages or through a judgment from the Lac Courte Oreilles Tribal Court, or any other court with jurisdiction.

The Tribe shall retain the right to conduct a follow-up investigation into any self-attestations submitted or regarding any other documentation, at its own discretion, if it determines that the reliability or accuracy of the information provided is in doubt.

PRP.9.5.020 Application Review

The staff member receiving the Application shall sign and date the Application when it is received at the Tribal or other ofﬁces.

PRP.9.5.030 Preferences and Priorities

Applications will be reviewed and processed as they are received. However, in anticipation of receiving a substantial number of applications within a short period of time, and with a ﬁnite amount of funding available, the Tribe shall review and process Applications for HAF Program Funds under this Policy according to the following order of preferences, and in accordance with the HAF Plan submitted to, and approved by, the Secretary (of the Treasury).

(a) Elders, age 62 years or older, with a primary dwelling in their name or member of their household will be considered first priority including accessibility or unsafe living conditions

(b) Tribal Member homeowners who have Federal Housing Administration (FHA), Department of Veterans Affairs (VA), or U.S. Department of Agriculture (USDA) mortgages and Tribal Member homeowners who have mortgages made with the proceeds of mortgage revenue bonds or other mortgage programs that target low- and moderate-income borrowers will receive priority assistance;

(c) Not less than 60% of amounts made available to the Tribe must be used for qualiﬁed expenses that assist Eligible Tribal Member Homeowners having incomes equal to or less than 100% of the area median income or equal to or less than 100% of the median income for the United States, whichever is greater, utilizing the following preferences:

(1) First preference will be given to Eligible Tribal Member Homeowners who are an adult head of household.

(2) Second preference will be given to Eligible Homeowners that have at least one family member residing with them who is a Tribal Member.

(d) The remaining 40% of amounts made available to the Tribe will be used to assist Eligible Homeowners having incomes equal to or less than 150% of the area median income or equal to or less than 150% of the median income for the United States, whichever is greater prioritized to individuals utilizing the same preferences as set out in Section PRP.9.5.030(b) above.

PRP.9.5.040 Decision on Application

Within fourteen (14) days of receipt of their Application, the Applicant will be notified of the decision to receive HAF Program Funds.

PRP.9.5.050 Denial of Application

If upon initial review, the Tribe determines that the Applicant is not eligible or the request is outside of this Policy, or there are no longer any HAF Program Funds available, the Applicant will be notified in writing of this determination, the applicable policies which support the determination, and the process of appeal (if allowed by the Tribe).

PRP.9.5.060 Appeal

Any Applicant who is dissatisﬁed with a decision concerning eligibility of assistance, the level of beneﬁt approved, or the type of services available, can appeal that decision under the Tribe's appeal procedures for denial of services.

If the reason for the denial of the Application is that there are no longer any HAF Program Funds remaining, such denial is not subject to appeal.

Subchapter PRP.9.6 HAF Program Participation

PRP.9.6.010 Documentation

Once an Applicant is approved for participation in the HAF Program, they must submit information and documentation of the qualiﬁed expenses for which they are seeking HAF Program Funds. Documentation requirements, other than that required for general eligibility, do not apply to those applicants whose income exceeds 150% of the area median income.

Applicants may initially submit the above information and documentation at the same time that they submit their initial program Application.

For Mortgage Assistance:

Same as general eligibility requirements, plus Statement of current inability to resume mortgage payments due to unemployment, underemployment or other continuing hardship. Documentation requirements: Evidence of total balance due from servicer.

Delinquent property taxes:

Same as general eligibility requirements plus: Homeowner is at least one installment payment in arrears on one or more property tax charges. Documentation requirements: Evidence of total balance due: current property tax bill or invoice.

Housing Stability Improvements:

Same as general eligibility requirements, plus: (1) At the time repairs begin, homeowner is current on other secured home payment obligations, on an active payment plan or forbearance, and/or getting related HAF assistance for those obligations. Homeowner will be able to afford applicable payments necessary to sustain homeownership (mortgage, taxes, insurance, association dues, etc.) after repairs are completed, based on a financial analysis established at the reasonable discretion of Grantee. (2) Homeowner does not qualify for or has not been able to access affordable home repair financing (self-attestation of applicant's efforts will satisfy). The Tribe will determine, based on a reasonable analysis of homeowner needs data, that homeowners meeting certain criteria (e.g., income at or below a percentage of AMI) are presumed to meet this requirement without requiring homeowner attestation or documentation; and (3) Attestation of financial hardship that homeowner(s) has been impacted by COVID from January 21,2020 to present time.

Subchapter PRP.9.7 HAF Program Management

PRP.9.7.010 HAF Plan

To receive HAF funds beyond the initial 10% payment described above, the Tribe must develop and submit a plan for its use of HAF funding. The Tribe's HAF plan will describe in detail the needs of Eligible Homeowners under this ordinance, the design of each program the Tribe proposes to implement using HAF funds, performance goals, and information regarding the Tribe's readiness to implement the programs. Treasury encourages the Tribe to post draft HAF plans for public comment and hold public hearings. The Tribe will receive funds under the HAF only after Treasury approves a HAF plan. It is expected that Treasury will provide a template for the HAF plan, which is expected to include the elements described in Treasury's HAF Guidance, dated April 14, 2021(Homeowner Needs and Engagement; Program Design; Performance Goals; Readiness; Budget). Notwithstanding anything else in this paragraph, the Tribe will begin implementing the HAF Program upon adoption of the policies and procedures in this ordinance, utilizing the initial 10% payment of HAF funds.

By September 30, 2021, the Tribe must submit to Treasury a completed HAF plan or a date by which a HAF plan will be submitted.

PRP.9.7.020 Maintenance of and Access to Records

The Tribe must create and maintain a set of ﬁles for the HAF Program separate from all other tribal programs. If any Eligible Homeowner participates in another housing program, there must be a separate ﬁle maintained speciﬁcally for the HAF Program.

The Tribe shall maintain records and ﬁnancial documents sufﬁcient to evidence compliance with Section 3206 of the American Rescue Plan Act of 2021 and applicable Guidance regarding the eligible uses of funds.

The U.S. Treasury Ofﬁce of Inspector General and the Government Accountability Ofﬁce, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of the Tribe in order to conduct audits or other investigations.

The Tribe shall maintain records for a period of ﬁve (5) years after all funds have been expended or returned to the Treasury.

PRP.9.7.030 Reporting Requirements

The Tribe agrees to comply with any reporting obligations established by Treasury related to the HAF Program and acknowledges that any such information required to be reported may be publicly disclosed.

The Tribe will submit quarterly reports to Treasury that include ﬁnancial data, targeting data, and other information, in compliance with upcoming Treasury Guidance. The Tribe will be subject to the reporting requirements under 2 C.F.R. Part 200, and will also submit an annual program report to Treasury regarding the impact of the HAF Program.

PRP.9.7.040 Compliance with Applicable Laws and Regulations

In carrying out the activities funded by the HAF Program Funds, the Tribe will comply with the following laws and regulations.

(a) Section 3206 of the American Rescue Plan Act of 2021 relating to the HAF Program and any guidance on the HAF Program issued by Treasury.

(b) The ARPA amended Title VI of the Social Security Act which added sections 602 and 603 that established the State and Local Fiscal Recovery Funds (SLRF).

(c) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as the Secretary may determine are inapplicable to the HAF Program Funds and subject to such exceptions as may be otherwise provided by the Secretary. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to the HAF Program Funds.

(d) Universal Identiﬁer and System for Award Management (SAM), 2 C.F.R. Part 25 and pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.

(e) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.

(f) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180 (including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and the Treasury's implementing regulation at 31 C.F.R. Part 19.

(g) Title VI of the Civil Rights Act of 1964 and the Fair Housing Act, which prohibit discrimination on the basis of race, color, national origin, sex, familial status, or disability, with the understanding, codiﬁed in regulation at 24 CFR 1000.12(d), that Tribes and TDHEs carrying out housing activities satisfy these requirements by their compliance with the Indian Civil Rights Act, 25 U.S.C. §§ 1301-1304 (ICRA), and with the further understanding that, as codiﬁed in 25 U.S.C. §§ 4114(b) and 4131(b), Tribes and TDHEs are permitted to use Indian and Tribal-speciﬁc preference in providing housing services, as well as in contracting and hiring.

(h) The non-discrimination requirements as applied under Section 504 of the Rehabilitation Act of 1973 and the Department of Housing and Urban Development implementing regulations at 24 CFR Part 8.

(i) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.) and the Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal ﬁnancial assistance.

(j) Conﬂict of Interest. The Tribe agrees that it will maintain in effect a conﬂict of interest policy consistent with 2 C.F.R. § 200.318(c) covering each activity funded under this award. The Tribe shall disclose in writing to Treasury any potential conﬂicts of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.

(k) False Statements. The Tribe understands that false statements or claims made in connection with the HAF Program award is a violation of federal criminal law and may result in ﬁnes, imprisonment, debarment from participating in federal awards or contracts, and/or any other remedy available by law.

Subchapter PRP.9.8 Use and Management of Funds

PRP.9.8.010 Use of Funds

The Tribe understands and agrees that the HAF Program Funds may only be used for the purposes set forth in Section 3206 of the American Rescue Plan Act of 2021 and the Guidance for the Homeowner Assistance Fund issued by Treasury on April 14, 2021, as amended from time to time, Title VI of the Social Security Act's section 602 and 603, Compliance and Reporting Guidance for SLRF, 31 CFR Part 35 Interim Rule for SLRF, and any other guidance issued by Treasury regarding the HAF and SLRF.

PRP.9.8.020 Initial Payment

Treasury will make initial payments from the HAF Program available to eligible entities that are approved to participate in the HAF Program, in an amount equal to 10% of the total amount allocated to the eligible entity. In order to receive this initial payment, The Tribe must (1) enter into the ﬁnancial assistance agreement with Treasury described above, and (2) commit to use the funds only for qualiﬁed expenses other than subsection (9) of the "Qualiﬁed Expenses" section above. Treasury will make payments to the Tribe, or an agency of the eligible entity identiﬁed on the eligible entity's notice of funds request. No more than 50% of the initial payment may be used for planning, community engagement, needs assessment, and administrative expenses described in subsection (10) of the "Qualiﬁed Expenses" section above. An eligible entity that elects not to receive this initial payment may receive its allocated funds after Treasury approves its HAF plan. Treasury encourages HAF participants to use these initial payments to create or fund pilot programs to serve targeted populations, and to focus on programs that are most likely to deliver resources most quickly to targeted populations, such as mortgage reinstatement programs.

PRP.9.8.030 Program Limitations

(a) Counseling or Educational Costs. The Tribe may not use more than 5% of the total amount of HAF Program Funds for counseling or educational efforts by housing counseling agencies approved by HUD, or legal services, targeted to households eligible to be served with funding from the HAF Program related to foreclosure prevention or displacement unless allowable through SLRF funding.

(b) Administrative Costs. The Tribe may not use more than 15% of the total amount of HAF Program Funds for planning, community engagement, needs assessment, and administrative expenses related to the Tribe's disbursement of the HAF Program Funds for qualiﬁed expenses, in an aggregate amount unless allowable through SLRF funding.

(c) Expenditure of HAF Program Funds. Pursuant to Section 3206(c)(2), at least 60 percent of the total amount of HAF Program Funds received by the Tribe shall be used for qualiﬁed expenses that assist homeowners having incomes equal to or less than 100% of the area median income for their household size or equal to or less than 100% of the median income for the United States, as determined by the Secretary of Housing and Urban Development, whichever is greater.

PRP.9.8.040 Debts Owed to the Federal Government

(a) Any funds paid to the Tribe that are in excess of the amount to which the Tribe is ﬁnally determined to be authorized to retain under the terms of this award, or funds that are determined by the Treasury Ofﬁce of Inspector General to have been misused, constitute a debt to the federal government.

(b) Any debts determined to be owed the federal government must be paid promptly by the Tribe. A debt is delinquent if it has not been paid by the date speciﬁed in the Treasury's initial written demand for payment, unless other satisfactory arrangements have been made. Interest, penalties, and administrative charges shall be charged on delinquent debts in accordance with 31 U.S.C. § 3717 and 31 C.F.R. § 901.9. The Treasury will refer any debt that is more than 180 days delinquent to the Treasury's Bureau of the Fiscal Service for debt collection services.

(c) Penalties on any debts shall accrue at a rate of not more than 6 percent per year or such other higher rate as authorized by law. Administrative charges, that is, the costs of processing and handling a delinquent debt, shall be determined by the Treasury.

(d) Funds for payment of a debt must not come from other federally sponsored programs.

PRP.9.8.050 Right to Rescind Eligibility of a Qualified Homeowner

(a) The tribe reserves the right to rescind the eligibility of any qualified homeowner or potential eligible recipient if the application or use of funds is deemed to be non-conforming to the purpose of this policy. The ARPA Program Manager shall make this determination and recommendation to the TGB. The TGB decision in rescinding any eligibility may be subject to appeal. If the funds for the HAF program are expended, the appeal shall be void as a matter of law.

(b) If any recipient of HAF funds violates the terms of chapter, or interferes with the projects that are authorized under this program, the ARPA Program Manager may rescind the eligibility of the qualified homeowner and cancel any projects that may have approved. Any funds disbursed on behalf of a qualified homeowner that has been rescinded shall be the responsibility of the qualified homeowner. The tribe reserves the right to collect any funds disbursed under this chapter for any project that has been rescinded under this section and in compliance with the Tribe's Rules of Civil Procedure TCT.2.

Chapter PRP.10 Leasing Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

Preamble

This Code is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians to provide a system for the Tribe to offer long term leasing options on trust land for the members of the Tribe and other individuals and entities that no longer requires the Secretary of Interior approval and restores inherent tribal sovereignty, which predates its Treaties of 1825, 1826, 1837, 1842, 1847, and 1854 with the United States Government. In the implementation of this inherent sovereign authority, the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to "promulgate and enforce ordinances. . . providing for the maintenance of law and order and the administration of justice…" (Article V, §§1(s)); to "manage, lease, permit or otherwise deal with tribal lands, interests in lands or other assets, and to purchase lands, or interests in lands, within or without the reservation" (Article V, § 1 (f)); and to "delegate to subordinate boards, officers, committees or cooperative associations which are open to all members of the Tribe any of the foregoing powers, reserving the right to review any action taken by virtue of such delegated powers" (Article V, § 1 (m)). Pursuant to this inherent sovereign authority, the Tribal Governing Board hereby enacts this Code which shall establish the purposes, powers and duties of the Land Management Division and the system for leasing tribal trust lands. In any suit, action or proceeding involving the validity or enforcement of or relating to any of its leases, the Land Management Division shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of this Code. A copy of this Code duly certified by the Secretary/Treasurer of the Tribal Governing Board shall be admissible in evidence in any suit, action, or proceeding.

Subchapter PRP.10.1 General Provisions

PRP.10.1.010 Title

This Code shall be known as the Leasing Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

PRP.10.1.020 Authority

This Code is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and pursuant to and in accordance with the Helping Expedite and Advance Responsible Tribal Homeowners Act of 2012 (HEARTH Act), 15 U.S.C. § 415. In the implementation of this inherent sovereign authority, the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to "promulgate and enforce ordinances. . . providing for the maintenance of law and order and the administration of justice…" (Article V, §§1(s)); to "manage, lease, permit or otherwise deal with tribal lands, interests in lands or other assets, and to purchase lands, or interests in lands, within or without the reservation" (Article V, § 1 (f)); and to "delegate to subordinate boards, officers, committees or cooperative associations which are open to all members of the Tribe any of the foregoing powers, reserving the right to review any action taken by virtue of such delegated powers" (Article V, § 1 (m)).

PRP.10.1.030 Declaration of Need

It is hereby declared;

(a) A code governing the leases of trust lands is necessary to govern the leasing of real property held in trust by the United States for the Lac Courte Oreilles Band of Lake Superior Chippewa;

(b) The Tribe has a crucial role and responsibility to provide Tribal Members with a sustainable, compatible method of leasing the Tribe's trust lands that clarifies the expectations and responsibilities between the lessor and lessee;

(c) The Tribe recognizes that the provision of land and improvements play a vital role in the successful function and use of the Tribe's lands; and

(d) The Tribe recognizes the need to exercise its inherent sovereign authority by opting out of the Secretary of Interior approval requirements for tribal leases.

PRP.10.1.040 Purpose

The purposes of this Code are to:

(a) Establish uniform policies and procedure of the use of Tribal trust lands;

(b) Promote the efficient use of Tribal trust lands;

(d) Ensure that interests in Tribal lands can be easily identified; and

(e) Protect the Tribe's long-term interests in its lands.

PRP.10.1.050 Territorial Applicability

(a) This Code applies to the following transactions on Tribal trust lands made for any lawful purpose, including but not limited to, for agricultural purposes, business purposes, educational purposes, governmental purposes, recreational purposes, residential purposes, religious purposes, and wind and solar resource purposes:

(1) Leases, subleases, and assignments of Tribal trust land;

(2) Mortgages of leasehold interests involving Tribal trust land; and

(3) Amendment to the leases, subleases, assignments, and mortgages referred to in subparagraphs (a)(1) and (a)(2) of this Subsection.

(b) This Code does not apply to:

(1) Leases of land held in trust or restricted status for an individual Indian;

(2) Leases of unrestricted fee simple land;

(3) Leases of fractionated interests in land;

(4) Mortgages of Tribal trust lands or fee lands; or

(5) Mineral leases.

PRP.10.1.060 Effective Date

The provisions of this code shall be effective on approval by the Secretary of Interior and upon the date ratified by the Tribal Governing Board.

PRP.10.1.070 Interpretation

The provisions of this Code:

(a) Shall be interpreted and applied as minimum requirements applicable to the leasing of trust lands subject to this Code;

(b) Shall be liberally construed in favor of the Tribe;

(d) Shall be liberally interpreted and construed to implement the Helping Expedite and Advance Tribal Home Ownership Act of 2012 ("HEARTH Act"), 15 U.S.C. § 415, by establishing a process which shall not require the approval of the Secretary of the Interior if the lease is executed pursuant to the terms of this Code.

(e) Shall not be deemed to expand or limit the authority or responsibility of the Secretary of Interior beyond that provided for under applicable federal statutes or regulations.

(f) Shall be interpreted to be in accordance with tribal customary law. Whenever there is uncertainty or a question as to the interpretation of certain provisions of this Code, tribal law and custom shall be controlling, and where appropriate, may be based on the written or oral testimony of a qualified tribal elder, tribal historian, or tribal representative. If the traditions and customs of the Tribe are inconclusive in any matter, the Court may use tribal law, federal law.

PRP.10.1.080 Severability and Non-Liability

If any section, provision, or portion of this Code is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Code shall not be affected thereby.

PRP.10.1.090 Relation to Other Laws

(a) Applicable Law. Unless affected or displaced by this Code, principles of law and equity in the common law of the Tribe and tribal customs and traditions are applicable, and the general principles of law of any other Tribe or any other state may be used as a guide to supplement and interpret this Code.

(b) Other Applicable Laws. Additional tribal and federal laws may apply, including but not limited to tribal housing and real property laws and regulations.

(1) Tribal Law. To the extent that this Code may conflict with tribal laws or ordinances this ordinance shall govern and take precedence over the provisions of the conflicting ordinance.

(2) Federal Law. Where a conflict may appear between this Code and any statute, regulation, or agreement of the United States, the federal law shall govern if it has specific applicability and if it is clearly in conflict with the provisions of this Code.

PRP.10.1.100 Repeal of Inconsistent Tribal Ordinances

All existing Tribal ordinances and Tribal resolutions inconsistent with this Code are hereby repealed. To the extent that this Code imposes greater restrictions than those contained in any other tribal law, code, ordinance or regulation, the provisions of this Code shall govern.

PRP.10.1.110 Amendment or Rescission

(a) The Tribal Governing Board may amend this Code as it deems necessary to protect the public health, safety, and welfare of the Lac Courte Oreilles reservation or its membership. The provisions of this Code may be amended from time to time by resolution of the Tribal Governing Board.

(b) Any amendment to this Code through resolution of the Tribal Governing Board is effective only if:

(1) the amendment is substantive and approved by the Secretary of the Interior; or

(2) the amendment is a minor technical amendment.

PRP.10.1.120 No Waiver of Sovereign Immunity

Nothing in this Code shall be construed to constitute a waiver of the sovereign immunity of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians or consent to jurisdiction by any government or forum not expressly authorized to exercise jurisdiction under this Code. The Tribe further asserts immunity on its part and that of its agencies, employees, and/or agents from any action or damages that may occur as a result of reliance upon and conformance with this Code.

Subchapter PRP.10.2 Definitions

PRP.10.2.010 General Definitions

Any term not defined in this Section shall be given its ordinary meaning. The following terms, wherever used in this Code, shall be construed to apply as follows, except where the context indicates otherwise:

(a) "Agricultural Land" means Tribal Trust Land suited or used for the production of crops, livestock, or other agricultural products, or a business that supports the surrounding agricultural community.

(b) "Agricultural purposes" means the purposes of farming, haying, raising livestock, or similar agricultural uses.

(c) "Assignment" means an agreement between a lessee and an assignee, whereby the assignee acquires all or some of lessee's rights, and assumes all or some of the lessee's obligations, under a lease.

(d) "Band" means the Lac Courte Oreilles Band of Lake Superior Chippewa.

(e) "Best Interest of the Tribe" means, but is not limited to, an outcome that is most favorable based on a balancing of interests undertaken in order to attain the highest economic income, increase economic development, preserve, and enhance the value of Tribal Trust Land, increase employment, and preserve the sovereignty of the Tribe.

(f) "BIA" means the Secretary of Interior of the Bureau of Indian Affairs within the Department of the Interior.

(g) "Building" is a structure, and any appurtenances or additions thereto, designed for habitation, shelter, storage, and the like.

(h) "Business purposes" means commercial purposes and use by for-profit and nonprofit organizations.

(i) "Educational purposes" means the purposes of delivering educational services.

(j) "Governmental purposes" means the purposes of delivering government services by the Tribe or conducting Tribal governmental functions.

(k) "Lease" means a written contract between the Tribe and a lessee, whereby the lessee is granted a right to possess Tribal land, for a specified purpose and duration. The lessee' s right to possess shall limit the Tribe's right to possess the leased premises only to the extent provided in the lease.

(l) "Lessee" means a person or entity who has acquired a right to possess the Tribe's lands by executing a Lease.

(m) "Leasehold Estate" means the possessory interest in the Tribe's land established pursuant to a Lease between a Lessor and a Lessee.

(n) "Leasehold mortgage" means a mortgage, deed of trust, or other instrument that pledges a lessee's leasehold interest as security for a debt or other obligation owed by the lessee to a lender or other mortgagee.

(o) "Lessor" means the Tribe or any of its Indian corporations chartered under section 17 of the Act of June 18, 1934 (48 Stat. 988; 25 U.S.C. 477), or any of their assigns.

(p) "Livestock" means those animals commonly associated with a farm or performing work in an agricultural setting. Such animals include horses, donkeys, mules, cattle, sheep, poultry, swine, goats, and other animals typically associated with a farm, ranch, or stable.

(q) "LTRO" means the Land Titles and Records Office of the Bureau of Indian Affairs within the United States Department of Interior.

(r) "Mortgage" means a lien on a Leasehold Estate given to secure advances on a loan to purchase, construct, refinance, or renovate a structure or improvement, 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.

(s) "Mortgagee" means any person, entity, or government agency which lends under a Leasehold Mortgage, and includes any assignee, or any heir, successor, executor, administrator, or assign thereof.

(t) "Mortgagor" means any person or entity who has executed a Leasehold Mortgage or assigned thereof.

(u) "NEPA" means the National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq.

(v) "Permanent Improvements" means buildings, other structures, and associated infrastructure attached to the Tribe's lands.

(w) "Premises" means any portion of Tribal Trust Land, as described in any lease, and any common areas and grounds appurtenant thereto.

(x) "Public" for the purposes of Subchapter 4 of this Code means any person or entity who can demonstrate that they shall be directly and substantially affected by the lease or lease activity.

(y) "Real Property" means the Tribe's Trust and Restricted Land.

(z) "Recreational purposes" means the purposes of camping, fishing, hunting, ATV use, snowmobile use, constructing and maintaining seasonal dwellings (such as cabins and hunting shacks), or similar recreational uses.

(aa) "Residential purposes" means the purposes of constructing or maintaining a residential house which the lessee shall use as their primary residence.

(bb) "Restoration and reclamation plan" means a plan that defines the reclamation, revegetation, restoration, and soil stabilization requirements for a project area, and requires the expeditious reclamation of construction areas and revegetation of disturbed areas to reduce invasive plant infestation and erosion.

(cc) "Secretary" means the Secretary of the Interior.

(dd) "Significant Effect on the Environment" means a substantial, or potentially substantial, adverse change in the environment, including land, air, water, minerals, flora, fauna, ambient noise, cultural areas, and objects of historic, cultural, or aesthetic significance.

(ee) "Sublease" means a written agreement by which the lessee grants to an individual or entity a right to possession no greater than that held by the lessee under the lease.

(ff) "Trespass" means any unauthorized occupancy, use of, or action on the Tribe's land.

(gg) "Tribal Court" means the Court of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(hh) "Tribal Governing Board" means the Tribal Governing Board of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(ii) "Tribal Trust Land" means the surface estate of any tract of land held by the U.S. in trust or restricted status for the benefit of the Tribe. The term also includes the surface estate of lands held by the United States in trust for an Indian corporation chartered under section 17 of the Act of June 18, 1934 (48 Stat. 988; 25 U.S.C. 477).

(jj) "Trust or Restricted Status" means (1) that the United States holds title to the tract in trust for the benefit the Tribe or (2) that the Tribe holds title to the tract but can alienate or encumber it only with the approval of the United States because of limitations in the conveyance instrument under Federal law or limitations in Federal law.

(kk) "WEEL" means a Wind Energy Evaluation Lease, which is a short-term lease that authorizes possession of Tribal Trust Land for the purpose of installing, operating, and maintain instrumentation, and associated infrastructure, such as meteorological towers, to evaluate wind resources for electricity generation.

(ll) "WSR Leases" are Wind and Solar Resource leases, which are leases that authorize possession of Tribal Trust Land for the purpose of installing, operating, and maintaining instrumentation, facilities, and associated infrastructure, such as wind turbines and solar panels, to harness wind and/or solar energy to generate and supply electricity: (1) For resale on a for-profit or non-profit basis; (2) To a utility grid serving the public generally; or (3) To users within the local community (e.g., on and adjacent to the Tribe's Reservation).

Subchapter PRP.10.3 General

PRP.10.3.010 Application of Other Laws

This Code shall not relieve a lessee's burden to comply with all other applicable laws, including all other Tribal ordinances that are not inconsistent with this Code.

PRP.10.3.020 Mandatory Lease Provisions

Every lease shall:

(a) Describe the land being leased with a description of sufficient detail to meet the recording requirements of the Land Titles and Records Office;

(b) State the parties to the lease;

(d) State the effective date of the lease;

(e) State the purpose of the lease and authorized uses of the leased premises (i.e., agricultural, business, governmental, recreational, residential, WEEL or wind and solar resource purposes);

(f) State how much rent is due;

(g) State when rent is due;

(h) State who receives rent and the place of payment;

(i) State what form of payment is acceptable;

(j) State whether any late payment charges or special fees apply, including the rate of interest to be charged if the lessee fails to make timely payments;

(k) If lease payments are to be made directly to the Tribe, the Lease shall state that the tribe shall maintain documentation of the Lease payments that are sufficient to enable the Secretary to discharge the trust responsibility to the United States.

(l) State whether lessee is required to pay any additional fees, taxes, and assessments associated with the use of the Leased premises.

(m) State the following: "If the leased premises are within an Indian irrigation project or drainage district, except as provided by 25 CFR 171, the lessee shall pay all operation and maintenance charges that accrue during the lease term. The lessee shall pay these amounts to the appropriate office in charge of the irrigation project or drainage district.";

(n) State whether any due diligence requirements apply;

(o) State whether a performance bond is required and the form of bond that is acceptable;

(p) State any insurance requirements;

(q) Address whether permanent improvements may be constructed; the general type of improvements authorized and whether plans of development or construction schedules are required; address ownership of improvements; identify the party or parties responsible for constructing, operating, maintaining, and managing improvements during the lease term; and address removal of improvements;

(r) State the rights to inspection of property and records;

(s) State any mitigation measures or reclamation and restoration plan required as a result of the environmental review process;

(t) State whether there shall be rental reviews or adjustments, how and when they shall be done, who shall make them, when any adjustments shall be effective, and how disputes regarding adjustments shall be resolved;

(u) State whether livestock may be kept on the land (if the lease is for residential or recreational purposes, the lease shall state that no livestock may be kept on the land);

(v) State that the lessee shall not encroach onto neighboring property and that ongoing trespass onto neighboring property shall be grounds for cancellation of the lease;

(w) State that the lessee holds the United States and the Tribe harmless from any loss, liability, or damages resulting from the lessee's use or occupation of the leased premises;

(x) State that the lessee indemnifies the United States and the Tribe against all liabilities or costs relating to the use, handling, treatment, removal, storage, transportation, or disposal of hazardous materials, or the release or discharge of any hazardous material from the leased premises that occurs during the lease term, regardless of fault, with the exception that the lessee is not required to indemnify the Tribe for liability or cost arising from the Tribe's negligence or willful misconduct.

(y) State that if historic properties, archeological resources, human remains, or other cultural items not previously reported are encountered during the course of any activity associated with this lease, all activity in the immediate vicinity of the properties, resources, remains, or items shall cease, and the lessee shall contact BIA and the Tribe with jurisdiction over the land to determine how to proceed and appropriate disposition;

(z) State the governing law, which may include this Code, the Tribe's laws and applicable federal statutes and regulations; and list other laws and ordinances applicable to the lease;

(aa) State that the lease is subject to cancellation in accordance with the enforcement procedures contained in Subchapter PRP.10.5;

(bb) State any other negotiated remedies for lease cancellation or termination;

(cc) State the process for Amendment, which shall be in writing signed by both parties, and with the consent of any mortgagee; and

(dd) State the respective addresses at which the lessee and the lessor respectively agree to accept all notifications, including any required service of process, relating to the lease and the process by which the parties can update such addresses if needed.

PRP.10.3.030 Inspection Rights

(a) The Tribe, Secretary, lender, and their authorized representatives shall have the rights, at any reasonable times during the term of this lease, and with reasonable notice, to enter upon the Leased Premises, or any part thereof, to inspect the same and all buildings and other improvements erected and placed thereon.

(b) The Lessor and the Secretary may treat any failure by the Lessee to cooperate with a request to make appropriate records, reports, or information available for inspection and duplication as a lease violation.

PRP.10.3.040 Additional Requirements for Agricultural Leases

(a) All lessees of leases for agricultural purposes are required to manage the land in accordance with any agricultural resource management plan developed by the Tribe.

(b) Appropriate stipulations or conservation plans shall be developed and incorporated in all leases for agricultural purposes.

(c) Lessee shall provide environmental and archaeological reports, surveys, and site assessments, as needed, to document compliance with applicable laws.

(d) If lessee is a corporation, partnership, or other legal entity, it shall provide organizational and financial documents, as need to show that the lease shall be enforceable against the lessee and that lessee is able to perform all its lease obligations.

(e) State law may apply to agricultural lease disputes or define the remedies available to the Tribe in the event of an agricultural lease violation by the lessee; the agricultural lease shall state whether or not the Tribe and lessor expressly agree to the application of state law.

PRP.10.3.050 Additional Requirements for WEEL's

Every lease shall:

(a) State that the lessee is to install testing and monitoring facilities within twelve (12) months after the effective date of the lease and that the lessee shall provide an explanation of good cause if the installation does not occur within the twelve (12)-month time period.

(b) State that the lease shall specify the ownership of any energy resource information the lessee obtains during the lease term.

(c) State that if the lease provides for the lessee to remove the improvements, it shall also provide the Tribe with an option to waive the removal requirement and take possession of the improvements if they are not removed within the specified time period.

PRP.10.3.060 Additional Requirements for WSR Leases

Every lease shall:

(a) State that the lease shall indicate who is responsible for evaluating the leased premises for suitability, purchasing, installing, operating, and maintaining the WSR equipment.

(b) State that the lessee shall commence installation of energy facilities within two (2) years after the lease effective date or a timeframe in the resource development plan and that the lessee shall provide an explanation of good cause if installation does not occur within the specified time period.

(c) State that the lessee shall maintain all on-site electrical generation equipment and related infrastructure and repair, place into service, or remove from the site within a time period specified in the lease, any idle, improperly functioning, or abandoned equipment.

(d) State that if the lease provides for the lessee to remove the improvements, it shall also provide the Tribe with an option to waive the removal requirement and take possession of the improvements if they are not removed within the specified time period.

PRP.10.3.070 Terms of Leases

(a) Leases for residential, recreational, governmental, educational, and religious purposes may have a term not to exceed seventy-five (75) years; and

(b) Leases for business, agricultural, and wind and solar resource purposes may have a term not to exceed twenty-five (25) years with an option to renew for up to two (2) additional terms, each of which may not exceed twenty-five (25) years.

(c) WEEL leases may have a term not to exceed three (3) years with an option to renew for one additional term, which may not exceed three years.

(d) WEEL leases may have an option period following the expiration of the WEEL term during which the lessee and the Tribe may enter into a WSR Lease.

PRP.10.3.080 Lease Renewal Terms

(a) Leases with an option to renew shall state: The time and manner for when the option shall be exercised or whether it is automatically effective;

(b) Any additional consideration that shall be due upon the exercise of the option; and

PRP.10.3.090 Applying for a Lease

(a) A potential lessee shall submit a lease application to the Land Management Division. The application shall be stamped with the date and time received. The Land Management Division retains the original application. A copy of the time and date stamped application shall be sent to the applicant.

(b) The lease application shall identify the lessee, the type of lease requested, the parcel of land requested, and any additional information required by policies approved by the Tribal Governing Board.

(c) The Land Management Division is responsible for processing the lease applications, for providing reasonable assistance to potential lessees, and for coordinating with other Tribal departments to ensure that all necessary approvals are obtained before the lease is transferred to the Tribal Governing Board for review. If the Land Management Division determines that the lease application submitted is incomplete, it shall inform the applicant of the deficiencies in the application and permit the applicant to remedy such deficiencies.

(d) The Land Management Division shall process lease applications in a timely manner, but there shall be no mandatory timeframe for processing lease applications.

PRP.10.3.100 Land Descriptions

(a) Leases shall contain legal descriptions based on metes and bounds, rectangular or lot and block systems based on the Public Land Survey System. When applicable, the lease shall contain a description or exhibit identifying the portion(s) of the floor(s) of a building that are subject to the lease.

(b) If a legal description is already available for the requested parcel, the existing legal description may be used.

(c) If a legal description is unavailable or the Land Management Division determines that the existing legal description is inadequate, the Land Management Division shall obtain a site survey and a legal description.

(d) A potential lessee may be required to pay for the cost of preparing the legal description, regardless of whether the legal description was already available.

PRP.10.3.110 Zoning Review

A potential lessee shall submit plans of any and all development and construction schedules to the Land Management Division. The plans of development and construction schedules shall be sufficient to conduct a zoning review in accordance with applicable law.

PRP.10.3.120 Improvements

All leases shall require the lessee to exercise due diligence and best efforts to complete construction of any improvements within the schedule specified in the lease.

(a) Lessee, at lessee's expense or as otherwise provided in the lease, may construct improvements under a lease if the lease specifies, or provides for the development of:

(1) a plan that describes the type and location of any improvements to be built by the lessee;

(2) a general schedule for construction of the improvements; and

(3) a process for changing the schedule by mutual consent of the parties.

(b) The lease shall not allow for any construction or development of improvements unless the lessee has first obtained any required permits or other approvals required under any applicable Tribal law.

(b) Lessee shall provide to the Tribe written justification as to the nature of any delay, the anticipated date of construction of the improvements, and evidence of progress toward commencement of construction.

(c) When requested by the Tribe or otherwise required in the lease, lessee shall further provide the Tribe, with an updated schedule for construction, in writing.

(d) Failure of the lessee to comply with these requirements shall be deemed a violation the lease and may lead to cancellation of the lease pursuant to PRP.10.5.

(e) At the expiration, termination, or cancelation of the lease term, if permanent improvements were authorized, and permanent improvements remain on the leased premises in a condition satisfactory to the Tribe then the improvements shall become the property of the Tribe unless otherwise provided for in the lease.

(f) If improvements shall be removed, the lease shall specify, unless waived by the Tribe, the maximum time allowed for such removal, the lessee's responsibility for such removal, and the lessee's obligations to restore and reclaim the property to conditions acceptable to the Tribe.

(g) A lessee may develop equity value in the improvements and sell its interest in the lease based on the equity value. The Tribe has a right of first refusal to purchase the interest.

(h) Improvements may be subject to taxation by the Tribe.

PRP.10.3.130 Environmental Reviews Required

Unless exempted from this requirement under this Code, the Tribe shall not approve a lease until the proposed lease has completed the environmental review process under Subchapter 4 of this Code. Leases approved and executed without complying with this section shall be invalid.

PRP.10.3.140 Fair Market Lease Value and Payments

(a) The Fair Market Lease Value shall be determined using one of the following appraisal methods:

(1) The Fair Market Lease Value shall be determined by an appraisal or equivalent procedure performed by the Tribe using the following data: improvement cost, replacement cost, earning capacity, sales, and lease data of comparable sites or by similar methodology as approved by the Tribe and deemed to be in the Best Interests of the Tribe.

(2) Alternatively, the Fair Market Lease Value shall be determined by an appraisal performed by a licensed appraiser using the Uniform Standards of Professional Appraisal Practice or commonly accepted method of appraisal.

(b) No lease may be approved for less than the present Fair Market Lease Value as set forth in the appraisal, unless the Tribe determined such action is in the Best Interests of the Tribe.

(c) An appraisal log reporting the methods of appraisal and value shall be attached to every lease unless Fair Market Lease Value payments are waived by the Tribe.

(d) A lease may be structured at a flat lease rate.

(e) A lease may be structured at a flat lease rate plus a percentage of gross receipts, if the lessee is a business located in a shopping center or mall, or the lessee generates over $1,000,000.00 annually in gross receipts.

(f) A lease may be structured based on a percentage of gross receipts or based on a market indicator.

(g) The lease may provide for periodic review and such review may consider the economic conditions, exclusive of improvement or development required by the contract or the contribution value of such improvements.

(h) Leases may be structured to allow for lease rate adjustments. The lease shall specify how adjustments shall be made, who shall make such adjustments, when adjustments shall go into effect, and how disputes shall be resolved.

(i) Leases may be amended to allow for lease rate adjustments.

(j) The Tribe shall keep written records of the basis used in determining the fair market lease value, as well as the basis for adjustments. These records shall be presented to the lessee for its review and acceptance or non-acceptance and included in any lease file.

(k) All lease payments shall be made directly to the Tribe. The Tribe shall maintain documentation of the lease payments that are sufficient to enable the Secretary to discharge the trust responsibility of the United States.

PRP.10.3.150 Insurance Requirements

(a) A lessee shall provide insurance necessary to protect the interests of the Tribe and in amounts sufficient to protect all insurable improvements on the premises.

(b) The insurance may include, but is not limited to, property, liability or casualty insurance or other insurance as specified in the lease.

(d) The insurance policy shall be written to provide the Tribe and any mortgagee with thirty (30) days' notice before the cancellation of any insurance policy on the property.

(e) The Lessee shall provide proof of insurance to the Tribe.

(f) The Tribe may waive this requirement if the Tribe determines it is in the Best Interests of the Tribe. The waiver may be revoked at any time if the waiver ceases to be in the Tribe's best interest.

(g) Failure of the Lessee to provide adequate insurance may result in the Tribe obtaining an insurance policy on the property and charging the cost for such insurance back on the Lessee.

PRP.10.3.160 Performance Bonds

(a) Unless waived in writing by the Tribe in accordance with this Code, the lessee shall obtain a satisfactory performance bond in an amount sufficient to secure the contractual obligations of the lease. The obligations of the lessee and its sureties under the bond to the Tribe shall also be enforceable by the United States, so long as the land remains in Trust or Restricted Status. The bond shall be written to ensure that the Lessor is provided a thirty (30)-day advance written notice before any cancellation of the bond. The bond shall be for the purpose of securing the lessee's contractual obligations under the lease and shall guarantee:

(1) The annual lease payment;

(2) The estimated development cost of improvements; and

(3) Any additional amount necessary to ensure compliance with the lease.

(b) The Tribe may waive the bond requirement, or reduce the amount, if doing so is in the Best Interests of the Tribe. The Tribe shall maintain written records of the waivers and reductions.

(1) Certificates of deposit issued by a federally insured financial institution authorized to do business in the United States;

(2) Irrevocable letters of credit issued by a federally insured financial institution authorized to do business in the United States;

(3) Negotiable Treasury securities; or

(4) A surety bond issued by a company approved by the U.S. Department of the Treasury.

PRP.10.3.170 Subleases, Assignments, Amendments, and Leasehold Mortgages

(a) Subleases, assignments, amendments, or leasehold mortgages of any lease shall be by written consent of the Tribal Governing Board and lessee, unless otherwise provided herein.

(b) The lease may authorize subleases and assignments, in whole or in part, without approval from the Tribe, provided a copy of the sublease or assignment is provided to the Tribe and the following conditions, where applicable, are met and stated in the lease:

(1) There is no event of default under the lease or this Code;

(2) Any restrictions and use limitations on the use of the premises shall continue to apply to any subtenant or assignee;

(3) The proposed assignee or sublessee submits a current financial statement showing financial adequacy; and

(4) The lessee shall not be relieved or released from any of its obligations under the lease.

This PRP.10.3.140(b) in no way relieves the parties from carrying out their duties under the lease, which may contain additional restrictions and conditions.

(c) The lease may authorize mortgages of the leasehold interest for the purpose of financing to develop and improve the premises subject to the approval of the Tribe. The lease shall state the foreclosure law that shall apply in the event of default and foreclosure.

(d) If a sale or foreclosure of the lessee's business or assets occurs and the leasehold mortgagee is also the purchaser, the leasehold mortgagee may assign the lease without approval of the Tribe or lessee, provided the assignee agrees in writing to be bound by all the terms and conditions of the lease. If the purchaser is a party other than the leasehold mortgagee, approval by the Tribe is required and the purchaser shall agree in writing to be bound by all terms and conditions of the lease.

PRP.10.3.180 Supporting Documentation for Tribal Governing Board Review

To be considered for authorization by the Tribal Governing Board, the following documentation shall be produced in support of a lease:

(a) A draft lease that contains the minimum provisions identified in PRP.10.3.020; if the lease is for agricultural purposes, the terms set forth in PRP.10.3.040; if it is a WEEL, the terms set forth in PRP.10.3.050; and, if the lease is for WSR purposes, the terms set forth in PRP.10.3.060.

(b) Plans of development and construction schedules as required by PRP.10.3.050, PRP.10.3.060, PRP.10.3.120, and applicable Tribal law;

(c) Reports, surveys, and site assessments needed to facilitate compliance with the environmental review as required by PRP.10.4.040 and applicable Tribal law;

(d) Evidence of insurability covering the scope of necessary insurance under PRP.10.3.150;

(e) An appraisal log reporting the methods of appraisal used and value as required by PRP.10.3.140, unless Fair Market Lease Value payments shall be waived by the Band; and

(f) Any reasonable additional documentation the Land Management Division deems relevant to the Tribal Governing Board's review.

PRP.10.3.190 Lease Approvals

(a) All leases, amendments, assignments, subleases, and leasehold mortgages under this Code shall be approved by a resolution of the Tribal Governing Board;

(b) Leases shall be signed by the Chair or Secretary/Treasurer of the Tribal Governing Board; and

PRP.10.3.200 Recording of Leases

(a) All leases and lease documents shall be recorded in the Tribe's land recording system, which is maintained by the Land Management Division; and

(b) All leases and lease documents, except residential subleases approved pursuant to this Code, shall be provided to the Bureau of Indian Affairs for recording in the Land Titles and Records Office.

Subchapter PRP.10.4 Environmental Reviews

PRP.10.4.010 Environmental Review Required

(a) Unless a lease is exempt from the environmental review process under PRP.10.4.020, the Tribe shall not approve a lease until the environmental review process pursuant to this Chapter has been completed with respect to the lease. Leases approved and executed without compliance with this Chapter shall be invalid and void ab initio.

(b) The Conservation Department shall be responsible for making threshold determinations under this Chapter and for conducting the environmental review process. The Conservation Department may charge a reasonable fee for conducting the environmental review process.

PRP.10.4.020 Threshold Determination

(a) If the Conservation Department determines that the lease approval by its nature would not have a Significant Effect on the Environment, the leasing decision is exempt from additional requirements of the environmental review process in PRP.10.4.040 to PRP.10.4.060.

(b) If the Conservation Department determines that the lease approval might be expected to have a Significant Effect on the Environment in accordance with PRP.10.4.030, the Conservation Department shall fulfill the requirements of the environmental review process.

PRP.10.4.030 Categorical Exclusions

(a) The following types of leases do not individually or cumulatively have a significant effect on the environment and therefore, except as provided in PRP.10.4.030(b), are categorically excluded from the environmental review process in PRP.10.4.040 to PRP.10.4.060.

(1) Approval of a lease for residential use of an existing housing unit, including any associated improvements, access roads and utilities.

(b) Notwithstanding PRP.10.4.030(a), the Conservation Department shall follow the procedures set forth in PRP.10.4.040 to PRP.10.4.060 if it determines that extraordinary circumstances exist under which the residential use of the premises may, individually or cumulatively, have a Significant Effect on the Environment, including without limitation, as set forth below:

(1) Substantial controversy on environmental grounds; or

(2) Presence of cultural resources or historic properties.

PRP.10.4.040 Environmental Review Process

(a) Unless a lease is exempt from the environmental review process, the Conservation Department shall cause to be prepared before the approval of the lease a comprehensive and adequate tribal environmental report, analyzing the potentially significant effects of the proposed action on the environment; provided, however, that information or data which is relevant to such a report and is a matter of public record or is otherwise publicly available need not be repeated in its entirety in the report, but may be specifically cited as the source for conclusions stated therein; and provided further that such information or data shall be briefly described, that its relationship to the report shall be indicated, and that the source thereof shall be reasonably available for inspection at a public place or public building. The report shall provide detailed information about the Significant Effects on the Environment that the lease is likely to have, and shall include a detailed statement setting forth all of the following:

(1) A description of the physical environmental conditions in the vicinity of the proposed lease, including the environmental setting and existing baseline conditions, as they exist at the time the notice of preparation is issued;

(2) All Significant Effects on the Environment of the proposed lease;

(3) In a separate section:

(A) Any Significant Effect on the Environment that cannot be avoided if the lease is executed; and

(B) Any Significant Effect on the Environment that would be irreversible if the lease is executed; and

(b) In addition to the information required pursuant to subdivision (a), the tribal environmental report shall also contain a statement indicating the reasons for determining that various effects of the proposed lease on the off-reservation environment are not significant and consequently have not been discussed in detail in the report. In the report, the direct and indirect Significant Effects on the Environment shall be clearly identified and described, giving due consideration to both the short-term and long-term effects.

PRP.10.4.050 Notice of Completion

(a) Within no less than thirty (30) days following the completion of a draft tribal environmental report, the Conservation Department shall post a notice of completion and a copy of the draft report on the Tribe's website or at a prominent location at the Tribal Office or Conservation Department. The notice of completion shall include all of the following information:

(1) A brief description of the proposed lease and lease-related activities, such as any anticipated improvements;

(2) The location of the proposed lease;

(3) An address where copies of the draft report are available; and

(4) Notice of a period of thirty (30) days during which the Conservation Department shall receive comments on the draft report.

(b) In addition, the Conservation Department shall provide public notice by at least one of the procedures specified below:

(1) Publication of the Notice of the draft report in a newspaper of general circulation in the area affected by the proposed lease, with notice to the public of the opportunity to comment on any Significant Effect on the Environment of the proposed action.

(2) Posting of the Notice of the draft report in the offices of the Tribe with notice to the public of the opportunity to comment on any Significant Effect on the Environment of the proposed action.

PRP.10.4.060 Response to Public Comments and Final Report

After the thirty (30) day comment period has ended, the Conservation Department shall review all comments received from the public. Prior to the approval and execution of the lease, the Conservation Department shall provide written responses to relevant and substantive public comments on any Significant Effects on the Environment arising as a result of the proposed lease and proposed or recommended mitigation measures addressing any such effects. The Conservation Department shall also prepare a final tribal environmental report. The Conservation Department's written responses shall be posted in the offices of the Band with a notice to the public in the same manner as outlined in PRP.10.4.050.

Subchapter PRP.10.5 Enforcement

PRP.10.5.010 General Enforcement Authority & Lease Compliance Monitoring

(a) The Tribe and the Secretary/Treasurer shall have all powers necessary to enforce the lease terms, laws, ordinances, regulations, rules, policies, and covenants consistent with this Code. This includes the power to enter the leased premises at a reasonable time after providing reasonable notice.

(b) The Conservation Department is responsible for monitoring lease compliance and for recommending lease enforcement actions consistent with this Code.

(c) Nothing in this Chapter precludes the Tribe or a lessee or sublessee from terminating a lease without regard to any default if the terms of the lease so provide.

(d) In addition to enforcement actions provided for in this Chapter, the BIA may, upon reasonable notice from the Tribe at the BIA's discretion, enforce the provisions of, or cancel a lease document.

PRP.10.5.020 Jurisdiction of the Tribal Court

The Lac Courte Oreilles Tribal Court shall have exclusive jurisdiction over enforcement actions brought under PRP.10.5.030.

PRP.10.5.030 Commencement of an Action

If the Tribe believes a lessee to be in default, the Tribe may commence an enforcement action by filing a complaint under the Tribe's Rules of Civil Procedure Code, Title II Chapter 1, as amended. The complaint shall state the facts forming the basis of the default, the relief sought, and shall include a description of the leased premises at issue. The Tribe may be represented by an attorney or an authorized Conservation Department Employee.

PRP.10.5.040 Notice of Hearing

After a complaint is filed, the Tribal Court shall schedule a hearing and issue a notice of hearing to the Tribe and the lessee. The hearing shall be held within fifteen (l5) days of the date the complaint is filed.

PRP.10.5.050 Service of the Complaint and Notice of Hearing

(a) The Tribe shall serve the complaint and notice of hearing upon the lessee at least three (3) business days before the hearing date. Service shall be completed as follows:

(1) By personal service of the complaint and notice of hearing on any lessee; or

(2) By mailing the complaint and notice of hearing to the address identified by the lessee or lessees pursuant to PRP.10.3.020(y).

(b) The Tribe shall complete an affidavit of service and file the affidavit with the Tribal Court.

PRP.10.5.060 Answer by the Lessee

The lessee shall be exempt from the requirement in the Rules of Civil Procedure to file an answer. Unless the lessee affirmatively admits an allegation, the lessee shall be presumed to have denied all allegations in the complaint. The hearing shall not be delayed in order to give the lessee time to file an answer.

PRP.10.5.070 Burden of Proof

At the trial, the Tribe shall have the burden of establishing by a preponderance of the evidence at least one of the grounds for a default listed in PRP.10.5.080 of this Code. The lessee shall have the right to present evidence and testimony to defend against the complaint.

PRP.10.5.080 Finding of Default

The lessee is in default if:

(a) The lessee has failed to make rent payments or other payments required by the lease, provided that the lessee has been given notice of the violation and has failed to make the required payments within thirty (30) days' after receiving notice; or

(b) The lessee is otherwise in breach of the terms of the lease or any other requirements of this Code.

PRP.10.5.090 Remedies

Upon a finding of default, the Tribal Court may upon the request of the Tribe:

(a) cancel the lease;

(b) assess any damages resulting from the default, including interest and late payment penalties;

(c) within the Court's reasonable discretion, determine whether to grant the lessee additional time to diligently proceed to complete the necessary corrective actions to cure the lease violations within a specified or reasonable time period;

(d) grant other appropriate remedies, including execution on bonds, collection of insurance proceeds, specific performance, or negotiated remedies; or

(e) order any combination of the remedies listed in this PRP.10.5.090.

PRP.10.5.100 Penalties

Unless the lease provides otherwise, the interest charges and late payment penalties prescribed by the lease shall apply in the absence of any specific notice to the lessee from the Tribe, and the failure to pay such amount shall constitute a breach of the lease.

PRP.10.5.110 Order and Judgment

Within thirty (30) days after the hearing, the Tribal Court shall issue an order and judgment containing the following:

(a) Findings of fact;

(b) If lease cancellation was requested, an order granting the lease cancellation effective immediately or a statement that a ground for lease cancellation was not established;

(c) If damages were requested, an order establishing the damages owed by the lessee or a statement that damages were not established; and

(d) Any additional orders or conclusions with respect to the claims raised, remedies requested, defenses proffered, or any other subject matter relevant to ruling on the allegations in the complaint.

PRP.10.5.120 Re-opening of Judgment and Appeal Rights

(a) An aggrieved party may file for a judgment to be reopened in accordance with Section 1.1105 of the Rules of Civil Procedure Code.

(b) A judgment may be appealed in accordance with the requirements of Title II Lac Courte Oreilles Tribal Code of Law Chapter 4 – Appellate Code.

(c) The filing to reopen a judgment or of an appeal shall not prevent the enforcement of the judgment of the trial court, unless the trial court, on its own motion or that of the party, finds good cause to stay enforcement of the judgement pending the appeal or reopening of the judgment.

(d) No later than ten (10) days after entry of the order and judgment, an aggrieved party may move the Tribal Court to amend the findings of fact or conclusions, make additional findings of fact or conclusions, and amend the judgment accordingly. The movant shall provide support for the request. If the Court denies the motion, the order and judgment shall be final. If the Court grants the motion, the amended order and judgment shall be final.

PRP.10.5.130 Repossession of Property

Immediately upon cancellation of a lease by Court order and judgment, the Tribe may take possession of the leased premises, unless otherwise provided for by the order and judgment. Personal property shall be disposed of in accordance with the lease and applicable policies. The Tribe's Property Exemption for Execution under the Rules of Civil Procedure TCT.2.12.040(a) "exempt[ing] from levy and sale under any execution . . . all interest in property held in trust by the United States" shall not be a defense to execution of the judgment and repossession of property under this Code.

PRP.10.5.140 Lease Trespass

A lease trespass occurs when:

(a) an individual or entity takes possession of, or uses, Tribal trust land without a lease and a lease is required under this Code; or

(b) a lessee remains in possession of Tribal trust land after the expiration, termination, or cancellation of a lease.

PRP.10.5.150 Trespass Enforcement Actions

In the event of a lease trespass under PRP.10.5.140, the Tribe may:

(a) bring an action in Tribal Court to recover possession and/or damages. including through an eviction action, and may pursue any additional remedies available under Tribal law (except as otherwise prohibited by federal law);

(b) contact the BIA office with jurisdiction over the Tribal trust lands and request that the office take enforcement action on behalf of the Tribe; or

PRP.10.5.160 Recording of Lease Cancellations and Terminations

(a) All lease cancellations or terminations shall be recorded in the Tribe's land recording system, which is maintained by the Tribe's Resource Management Division;

(b) All lease cancellations or terminations shall be provided to the Bureau of Indian Affairs for recording.