FORECLOSURE AND EVICTION ORDINANCE (2009)

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FORECLOSURE AND EVICTION ORDINANCE

of the Hoopa Valley Tribe Hoopa Valley indian Reservation

Title 36

Hoopa Valley Tribal Code

ORDINANCE NO.: 5-95

DATE APPROVED: Amended June 18, 2009, As Amended September 18,

2008, As Amended October 6, 1997, Original July 20, 1995

SUBJECT: FORECLOSURE AND EVICTION ORDINANCE

WHEREAS: The Hoopa Valley Tribe adopted a Constitution and Bylaws (Tribal

Constitution) on June 20, 1972, which was approved by the Commissioner of

Indian Affairs on August 18, 1972, and ratified and confirmed by Congress on

October 31, 1988 in section 8 of Pub. L. 100-580, and amended on June 19,

1990 and, by tribal law, the sovereign authority of the Tribe over the matter

described herein is delegated to the Hoopa Valley Tribal Council, acting by law;

and

WHEREAS: The Tribal Council has concluded that it is necessary to exercise

tribal authority over foreclosure and eviction actions within the exterior

boundaries of the Hoopa Valley Reservation, and over other activities in order to

protect tribal property interests and the public health and safety; and

WHEREAS: Pursuant to the review process set forth in LPA Section 6.3, the

Council concludes that it is now appropriate to enact said Ordinance ona

THEREFORE BE IT NOW ORDAINED THAT: Pursuant permanent basis, as

modified by departmental comments and legal review developed during the

review process.

to Section 6.3 of

the Legislative Procedures Act, and the tribal constitutional and legal authorities

recited herein, the Tribal Council hereby enacts the attached Foreclosure and

Eviction Ordinance, in order to protect the fundamental tribal values identified in

Article IX § (l) thereof and the Tribe's sovereign governmental authority.

BE !T FURTHER ORDAINED THAT: The Tribal Council hereby reaffirms its

intent that the provisions of this Ordinance be enforceable against Tribal

members and non-members and upon private lands within the Reservation, and

accordingly the Tribal Chairman is authorized and directed, in consultation with

the Office of Tribal Attorney, to transmit this Ordinance to the Bureau of Indian

Affairs for any review and approval that may be necessary, and to seek the

support of that agency, if necessary, for this assertion of tribal jurisdiction.

BE IT FURTHER ORDAINED THAT: it shall be the policy of the Tribe and its

authorized entities and departments to vigorously enforce the provisions of this

Ordinance, and ta oppose any assertion of jurisdiction by Humboldt County, or by

the State of California or any of its agencies, that purports to requiate the matters

herein regulated by tribal authority.

CHAPTER 1 GENERAL PROVISIONS FORECLOSURES & EVICTIONS

36.1.01 SHORT TITLE.

This Ordinance shall be known as the Foreclosure and Eviction Ordinance of

the Hoopa Valley Tribe.

SECTION 36.1.02 AUTHORITY

This Title is enacted pursuant to Article 1X, Sections (k) and (I) of the Hoopa

Valley Tribe’s Constitution.

SECTION 36.1.03 FINDINGS

The Tribal Council hereby finds that adequate and clear foreciosure and eviction

are a necessity for conducting tribal business and for private lenders. Some tribal

entities own and manage properties and require foreclosure and eviction

procedures for their operations. Several Federal home loan guarantee programs

require standardized eviction procedures. A single uniform code would enhance

the operations of tribal government.

36.1.04 PURPOSES AND INTERPRETATION.

This Ordinance shail be strictly interpreted and construed to fulfill the following

purposes:

(a) | To simplify the law governing the occupation of dwelling units, and

to protect the rights of landlords and tenants.

(b) | To provide summary procedures and proceedings for forcible entry

and unlawful and forcible detainer, and to require landlords to use

these summary procedures and proceedings in forcible entry and

unlawful and forcible detainer actions.

summary procedures and proceedings set forth in this Ordinance,

including changes to

the timeframes governing motion practice, discovery, and pretrial

conferences.

(d) To encourage landlords and tenants to maintain and improve

dwelling units on the Reservation in order to improve the

quality of housing as a tribal resource.

{e) To establish laws and procedures which are necessary to

obtain federal or state funding for tribal housing programs.

(f) To preserve the peace, harmony, safety, health and general!

welfare of the people of the Tribe and those permitted to

enter or reside on the Reservation

SECTION 36.1.05 APPLICABILITY (AND SCOPE).

The provisions of this Ordinance shall apply to all real or personal

property, held in trust or held in fee, by members of the Tribe or by nonmembers, within or without the exterior boundaries of the Reservation.

The provisions of this ordinance shall not apply to storage units located

within the exterior boundaries of the Hoopa Valley Reservation.

36.1.06 JURISDICTION.

The provisions of this Ordinance shali apply to all persons and property

subject to the governing authority or jurisdiction of the Hoopa Valtey Tribe

as established by the Constitution and Bylaws of the Hoopa Valley Tribe.

36.1.07 CONSTRUCTION

This Code shall be strictly interpreted and construed. The terms and

provisions of Chapter 1 through Chapter 14 shall be construed according

to the fair import of their terms, but when the language is susceptible to

differing construction, it shall be interpreted to further the general

purposes stated in this Chapter. Where a term is not defined herein, it

shall be given its ordinary meaning. Any reference to "he," "him" or other

masculine terms shall include male and female persons. Any reference to

a singular term includes the plural.

36.1.08 RETROACTIVE EFFECT.

This Ordinance shall apply to all rental agreements subject to the

provisions of the Hoopa Valley Tribal Code, no matter when entered.

36.1.09 SOVEREIGN IMMUNITY PRESERVED.

Nothing in this code shall be deemed to constitute a waiver by the Hoopa

Valley Indian Tribe of its sovereign immunity, rights, powers or privileges

36.1.10 SEVERABILITY.

if any provision of Chapter 1 through Chapter 14 or its application to any

person or circumstance is held invalid, the remainder of the Title, or the

application of the provision to other persons or circumstances, remains in

effect

PART 1 FORECLOSURES

CHAPTER 2 DEFINITIONS- FORECLOSURE

SECTION 36.2.01 SECURED TRANSACTION DEFINITIONS

Unless the context plainly requires otherwise, the following terms shall

mean:

(a) “Debtor”: is the person who owes payment or other performance of an

obligation secured, whether or not such person owns or has rights in the

collateral. If the debtor and the owner of the collateral are not the same

person, the term refers to the owner in any provision of the governing law

dealing with the collateral, the obligor in any provision dealing with the

obligation, and may include both where the context requires. The term

“debtor” includes a seller of accounts or chattel paper.

(b) “Secured Party”: is a lender, seller or other person in whose favor

there is a security interest. The term includes a person to whom accounts

or chattel paper have been sold. When the hoiders of obligations issued—

under an indenture of trust, equipment trust agreement, or the like—are

represented by a trustee or other persons, their representative is the

secured party.

security interest.

(d) “Security Interest”. is an interest in personal property or fixtures which

secures payment or performance of an obligation. The term includes any

interest of a buyer of accounts or chattel paper.

(e) “Purchase Money Security Interest”: results when a security interest is

taken or retained by the seller of the collateral to secure all or part of its

price. It also results when a security interest is taken by a person who, by

Making advances or incurring an obligation, gives value to enable the

debtor to acquire rights in or the use of collateral if such value is in fact so

used.

(f) “Collateral”. is property subject to a security interest. It includes

accounts and chattel paper which have been sold.

(g) “Proceeds”: includes whatever is received on the sale, exchange,

collection, or other disposition of collateral proceeds. Insurance payable

by reason of loss or damage to the collateral is proceeds, except to the

extent that it is payable to someone other than a party to the security

agreement. Money, checks, deposit accounts, and the like are termed

“cash proceeds.” All other types of proceeds are “noncash proceeds.”

CHAPTER 3 FORECLOSURE OF SECURED TRANSACTIONS

SECTION 36.3.01 SELF-HELP REMEDIES ELIMINATED.

(a) Eliminated Remedies

All self help remedies for the recovery of real or personal property secured

to insure payment of obligations are hereby declared unavailable except

as otherwise specifically provided herein.

(b) Voluntary Surrender Excluded

This section shall not be construed to prevent the voluntary surrender of

secured property to a creditor by a debtor, provided, however, that such

voluntary surrender occurs at the time of such surrender. All contractual

provisions for such executed in advance of the need shail be of no effect.

SECTION 36.3.02 ONE ACTION TO FORECLOSE SECURITY INTEREST.

(a) Single Action Rule

There can be but one action in the Tribal Court to recover any debt or enforce or

foreclose any right secured by a mortgage or other security interest on

non-trust real or non-trust personal property situated or located within the

boundaries of the Hoopa Valley Indian Reservation, on trust property, or land

focated within Hoopa Indian Country, which action must be in accordance with

the procedures outlined herein.

(b) Installment Payment Exception

Notwithstanding the provisions next above, if the debt for which the encumbrance

is held is not all due, but is payable in instailments, whether such debt is

evidenced by one or more principal notes or otherwise, such encumbrance may

be foreclosed, at the election of the holder thereof, for the installment or

installments due or other charges which are to be paid by the mortgagor, and the

Court may by its judgment, direct the sale of the encumbered property or the

equity of the defendants therein, or so much thereof as may be necessary to

satisfy the amount due, and such encumbrance shall otherwise remain in full

force and effect and the holder thereof shall the right to foreclose on the balance

or any part thereof.

SECTION 36.3.03 ACTION TO FORECLOSE INTEREST IN PERSONAL

PROPERTY.

(a) Complaint

An action to foreclose a security interest in nontrust personal property shall be

commenced by filing a complaint in the Hoopa Valley Tribal Court.

(b) Remedies

The Tribal Court shall determine the issues presented and may, by its judgment,

direct the sale of the encumbered property, or so much thereof as may be

necessary, and direct the application of proceeds of the sale to the payment of

the costs of the Court, the expenses of such sale and to the amount due the

plaintiff. If it appears from the police officer's return on the sale that the proceeds

thereof are insufficient and that an amount still remains due, the court can direct

entry of a judgment for such balance against the defendant or defendants as

provided in Chapter 4 of this Code.

If itis reasonably made to appear after the complaint is filed that the collateral is

in imminent danger of being concealed, removed from the Reservation, or

otherwise disposed of in a manner inconsistent with the security interest, the

Court may order the person in possession or control over such property to

appear and show cause why such property should not be taken into the custody

of the Court or other security provided to prevent the improper disposal of the

collateral.

SECTION 36.3.04 ACTION TO FORECLOSE MORTGAGE.

(a) Compiaint

An action to foreclose a mortgage or other security interest in trust and non-trust

real property shall be commenced by filing a complaint of foreclosure in

the Tribal Court.

(b) Persons who Must be Named in Complaint

A complaint to foreclose a security interest in real property shall name as parties

all persons who claim an interest in said property as a result of a proper

recordation of such interest in Tribal, federai or county records, or any or all, as

applicable.

{c) Interests of Hoopa Vailey Tribe

No interest of the Hoopa Valley Tribe, whether recorded or not, my be affected in

any action in which the Tribe is not a party by its own affirmative action or

consent.

(d) Non-Recorded Interests in Property

Interests in the secured property which are not recorded may be affected as if

recorded and the owner thereof made a party.

(e) Remedies

The Tribal Court shall determine the issues presented and may, by its judgment,

direct the sale of the encumbered property or so much thereof as is necessary,

and direct the application of the proceeds to the costs of court, the expenses of

sale, and to the amount due the plaintiff, except that in all cases where the

mortgage secures a loan provided pursuant to Section 184 Indian Housing Loan

Guarantee Program, said mortgage shall be satisfied before any other

obligations are satisfied (other than any Tribal leasehold taxes against the

property assessed thereto after the property was mortgaged). If it appears from

the police officer's return on the sale that the proceeds thereof are insufficient

and that an amount still remains due, the Court can direct the entry of a judgment

for such balance against the defendant or defendants as provided in chapter 4 of

this Code.

CHAPTER 4 SALE OF PROPERTY

SECTION 36.4.01 NOTICE.

(a) Posting Notice

Before the sale of real property subject to a decree of foreclosure and order of

sale, notice thereof must be given as follows: by posting written notice of the time

and piace of the sale giving a specific legal and general description of the

property for 20 days in at least four public places on the Reservation, including

one copy posted at the Tribal Offices in the Neighborhood Facilities Building, one

copy posted on the property to be sold, and one copy posted at the Tribal Court.

(b) Remedy for Noncompliance with Notice Provisions

lf ever there is a sale of property conducted without at least good faith,

substantial compliance with the notice requirements as set forth herein, said sale

may be declared void and of no effect by the Tribal Court.

SECTION 36.4.02 CONDUCT OF SALE.

(a) Time and Location of Sale

All sales of property under decrees of foreclosure and orders for sale must be

made at auction conducted at the Tribal Court, to the highest bidder between

the hours of 9:00 A.M. and 5:00 P.M. on any tribal business day.

(b) Termination of Sale Once Judgment Satisfied

Once sufficient property has been sold to satisfy the judgment pius the costs of

court and of the sale, no more property shall be sold.

The person conducting the sale may not be a purchaser or be interested in any

purchase at such sale.

(d) Requirement that Multiple Lots or Parcels be Sold Individually

If the property being sold consists of several known lots or parcels, they must be

sold separately. The judgment debtor, if present at the sale, may direct the order

in which the property shall be sold when such property consists of several known

lots or parcels. If a third person claims an interest in part of the property sold, he

may require that such part be sold separately.

(e) Consequences for Failure to Pay Bid

If a purchaser refuses to pay the amount bid by him for the property sold to him

at sale, the officer conducting the sale may again sell the property to the highest

bidder and if any loss be occasioned thereby, the officer may recover the amount

of such loss, plus costs, from the bidder so refusing, in the Tribal Court. When a

purchaser refuses to pay, the officer may, in his discretion, thereafter reject any

subsequent bid of such person.

SECTION 36.4.03 RETURN ON SALE.

(a) Duty of Law Enforcement Conducting Sale

The tribal law enforcement officer conducting the sale shall make a return

thereon to the Tribal Court reciting all of the details of the sale.

(b) Filing of Sale Documents with County Recorder and BIA

A certified copy of such return together with a certified copy of the Court's order

directing said sale shall be filed by the purchaser in the appropriate county

recorder’s office, the tribal real property office, and in the real property office of

the nearest Bureau of Indian Affairs’ Agency or Area Office.

SECTION 36.4.04 TITLE TO REAL PROPERTY.

(a) Rights of Purchaser

On a sale of real property, the purchaser is substituted to, and acquires all of the

right, title, interest and claim of the judgment debtors thereto.

(b) Right of Redemption

The property so acquired is subject to redemption as provided in section 36.4.05.

(1) Requirement

At the time payment for the sale is made, the officer conducting such must give

to the purchaser a Certificate of Sale containing:

(A) the name of the purchaser;

(B) the name of the judgment debtor;

(D) the price bid for each particular lot or parcel (if applicable);

(E) the total price paid; and,

(F) a statement that the sale is subject to redemption.

(2) Number of Copies of Certificate of Sale to be Provided

The officer conducting the sale shal! provide the purchaser with sufficient certified

copies of the Certificate of Sale that the purchaser may file one copy with the

office of the Recorder in each county where the property is located. The

purchaser shall be provided with one certified copy for his own records and one

copy shall be filed with the officer’s return on the sale in the Tribal Court.

(d) Purchaser’s Remedy if Title Fails because of Irregularities in

Proceedings

(1) Remedy

If the purchaser of real property sold pursuant to an order of sale, or his

successor in interest, should be evicted therefrom in consequence of

irregularities in the proceedings concerning the sale, or of the reversal or

discharge of the judgment, he may receive the price paid plus interest at the rate

of 8% per annum from the judgment creditor.

(2) Procedure to Secure Remedy

lf the purchaser of real property soid pursuant to an order of sale. or his

successor in interest, fails to obtain possession of the property as a consequence

of irregularity in the proceedings related to the sale, or because the property sold

was not subject to execution and sale, the Tribal Court must, after notice and on

motion of such party in interest, revive the original judgment in the name of the

petitioner, for the amount paid by such purchaser, with interest thereon at the

rate of 8% per annum, and the judgment so revived has the same force and

effect as would the original judgment as of the date of revival.

SECTION 36.4.05 REDEMPTION.

All real property sold as provided herein is subject to redemption, in the manner

hereinafter provided, by the judgment debtor or his successor in interest in

the whole or any part of the property.

(a) Caiculation of Redemption Amount

The judgment debtor or redemptioner may redeem real property from the

purchaser within six months after the sale by paying the purchaser for the

amount of his purchase together with interest thereon at the rate of 8% per

annum from the date of sale to the date of redemption, together with the amount

of any assessments or reasonable additional costs which the purchaser may

have paid thereon after the date of purchase.

(b) Notice Required

Written notice of redemption must be given to the tribal real property office and a

duplicate filed with the office of the County Recorder, and the real property office

of the local Bureau of Indian Affairs’ Agency or Area Office.

If the debtor redeems, the effect of the sale is terminated and he is restored tohis estate.

(d) Certificate of Redemption Requirement & Filing Procedure

Upon redemption by the debtor, the person to whom the payment is made must

execute and deliver to him sufficient copies of a Certificate of Redemption

acknowledged and proved before a Notary Public authorized to take

acknowledgments of conveyances of real property. Copies of such certificates

shail be filed at the tribal real property office, the appropriate county recorder’s

office and the Bureau of Indian Affairs real property offices.

(e) Acceptable forms of Redemption Payment

Redemption payment must be made in U.S. currency or by certified or Cashier's

check and be made to the purchaser or his successor.

(f) Affidavit Requirement for Redemption

A judgment debtor or successor in interest desiring to redeem property must

present to the person from whom he seeks to redeem 1) a certified copy of the

judgment and order of sale under which he claims a right to redeem, and 2) his

own affidavit that he is the person entitled to redeem and showing the amount

due to effect the redemption.

(g) Property Restraints During Redemption Period

Until expiration of the time for the redemption, the Tribal Court may restrain the

commission of waste or changing the character of the property, but it shal! not be

waste for the person entitled to possession of the property to continue to use it in

the manner it had been previously used, or use it in the ordinary course of

husbandry, or to make necessary repairs thereon, or to make a reasonable use

of the wood and timber thereon for the benefit of the property or the possessor in

his reasonable enjoyment of the property.

(h) Rent Paid During Redemption Period & Right to Accounting

The purchaser from the time of sale until redemption is entitled to receive from

the tenants in possession, the rents of the property soid, or the value of the use

and occupation thereof. However, when any rents or profits have been received

by the purchaser, or his assigns from the property thus soid prior to redemption,

the amount of such rents and profits shall be a credit on the redemption money to

be paid. If the judgment debtor or person entitled to redeem, prior to the

expiration of the time for redemption, demands of the purchaser or his assigns a

written and verified statement of the amount of such rents and profits received,

and assessments or costs paid by the purchaser, the period of redemption is

extended until five days after such sworn statement is received by the

redemptioner. if such purchaser or his assign fails or refuses for a period of one

month to give such statement, the redemptioner may, within 60 days of such

demand, bring an action in the Tribal Court to compel an accounting and

disclosure of such rents and profits, and until fifteen days after the final

determination of such action, the right of redemption is extended to such

redemptioner.

(i) Refund of Purchase Price Due to Irregularities in Sale Proceedings

If the purchaser of real property sold pursuant to sale, or his successor in interest

be evicted therefrom, in consequence of irregularities in the proceedings

concerning the sale, or of the reversal or discharge of the judgment, he may

recover the price paid, with interest, from the judgment creditor. !f the purchaser

of property at the sale, or his successor in interest, fail to recover possession in

consequence of irregularity in the proceedings concerning the sale, or because

the property sold was not subject to execution and sale, the Tribal Court must,

after notice and on motion of such party in interest, revive the original judgment

in the name of the petitioner, for the amount paid by

such purchaser at sale, with interest thereon from the time of payment at the

same rate that the original judgment was for; and the judgment so revived has

the same force and effect as would the original judgment of the date of revival

and no more.

() Expiration of Redemption Period & Jssuance of Deed

lf no redemption is made within six months, the purchaser or his assignee is

entitled to a conveyance by means of a Deed to be issued upon the order of the

Tribal Court. Such Deeds shall be recorded at the tribal real property office, the

appropriate county recorder's office, and the Bureau of Incian Affairs’ real

property offices. Such deed shall be prepared by the tribal real property office.

SECTION 36.4.06 SURPLUSES AND DEFICIENCIES FROM SALES.

(a) Sale Surpius

if there remains surplus money remaining after the payment of the costs of court

and of the sale and payment of the judgment creditor, such funds shall be

distributed by the Tribal Court to the judgment debtor or other person entitled

thereto.

(b) Sale Deficiencies

A deficiency judgment may be entered by the tribal Court in a case involving the

foreclosure and sale of real property whenever the amount due under the

secured indebtedness plus costs of court and of the sale exceed the reasonable

value of the property at the time of sale. The Tribal Court is not bound by the

price for the property received at the sale but my take evidence to determine the

actual reasonable value.

PART It EVICTIONS

CHAPTER. 5 ACTIONS TO RECOVER POSSESSION OF REAL

PROPERTY — EVICTIONS

SECTION 36.5.1 DEFINITIONS- EVICTIONS

Unless the context plainly requires otherwise, the following terms shall mean:

(a) “Abandon” Real property is abandoned by the lessee, where the

lessee has vacated the property and failed to meet any of his

obligations as to the property under the lease or rental agreement,

and has no apparent intention of resuming any claim on the

property.

(bo) “Abandonment.” Real property shall be deemed abandoned under

this code and the lease shall terminate if the lessor gives written

notice of his belief of abandonment as provided in this Ordinance

and the lessee fails to give the lessor written notice, prior to the

date of termination specified in the lessor's notice, stating that he

does not intend to abandon the real property and stating an

address at which the lessee may be served by certified mail in any

action for unlawful detainer of the real property.

(f)

(9)

(h)

“Building and housing codes.” Any law, ordinance, or governmental

regulation of the Hoopa Valiey Tribe or an agency of the United

States which deals with fitness for habitation, heaith conditions, or

the safety, construction, maintenance, operation, occupancy, use,

or appearance of any dwelling unit.

“Court” Hoopa Valley Tribal Court, unless otherwise indicated.

“Drug-related criminal activity." The illegal manufacture, sale,

distribution, use, or possession with intent to manufacture, sell,

distribute, or use, of a controlled substance as defined in section

102 of the Controlled Substance Act (21 U.S.C. § 802).

“Dwelling unit." A house or building or portion thereof that is used

as a home or residence by any person, not including public

transient accommodations, such as hotel rooms.

“Forcible entry” and “person in lawful possession.” A person is

guilty of a

forcible entry

(1) by breaking open doors, windows, or other parts of a house

on a premises of another or by any kind of violence or

circumstance of terror enters onto the premises of another;

(2) after entering peaceably upon the premises of another turns

out by force, threats, or menacing conduct, any person in

lawful possession of the premises. As used in this section,

the phrase “person in lawful possession” means any person

who has the authority to occupy the premises through a valid

lease, sublease, mortgage, or some other valid legal

instrument or agreement.

“Eorcible detainer’ and “occupant of premises.” A person is guilty of

a forcible detainer who

(1) by force or by menace and threats of violence, unlawfully

holds and keeps the possession of any premises whether

the same was acquired peaceably or otherwise; or

(2) in the night time or during the absence of the occupant of

premises, unlawfully enters upon said premises and who,

after demand is made for the surrender thereof, for the

period of one day, refuses to surrender the same to such

former occupant. As used in this section, the terms

)

{k)

()

(n)

(0)

(p)

(q)

“occupant of premises” means any person who within one

day preceding such unlawful entry, was in the peaceable

and undisturbed possession of such premises.

"Guest." Any person, other than the tenant, in or around a dwelling

unit with the permission and consent of the tenant.

“Housing Authority.” The Hoopa Valley Housing Authority

established by the Tribal Housing Ordinance for the purpose of

constructing and maintaining dwelling units for public use within the

Hoopa Valley Reservation.

“Indian.” Any person recognized as being an Indian or an Alaska

Native by any Tribe, or by the government of the United States.

"Landlord." Any person, entity, or government agency that is the

owner, lessor, or sublessor of a dwelling unit intended for the use of

tenants.

“Lease.” Any agreement, written or oral, as well as valid rules and

regulations regarding the terms and conditions concerning the use

or occupancy of a dwelling unit or premises, for a specific period of

time, including lease-purchase agreements and the occupation of

land.

“Nuisance." The maintenance or allowance on real property of a

condition which one has the ability to control and which

unreasonably threatens the healih or safety of the public or

neighboring land users or unreasonably and substantially interferes

with the ability of neighboring property users to enjoy the

reasonable use and occupancy of their property.

“Qwner." Any person or entity jointly or individually having legal

title to all or part of land or a dwelling unit, including the legal right

to own, manage, use, or contro! a dwelling unit under a mortgage,

long-term lease, or any other security arrangement.

"Person." Any individual, organization, corporation, partnership, or

other entity, and, where required by the language of this Code, a

public agency. The term “Person” shall not mean the Hoopa Valley

Housing Authority, Hoopa Valley Tribe or any their officers or

employees acting at the direction of the Board of Commissioners or

Tribal Council under this Ordinance.

“Premises.” A dwelling unit and the structure of which it is a part,

and all facilities and areas connected with it, including grounds,

(s)

(t)

(v)

common areas, and facilities intended for the use of tenants or the

use of which is promised for tenanis.

"Rent." Ali periodic payments to be made to a landlord under a

rental agreement.

“Rental Agreement” Any agreement, written or oral, as well as valid

rules and regulations regarding the terms and conditions

concerning the use or occupancy of a dwelling unit or premises.

“Reservation.” Hoopa Valley Indian Reservation.

“Security deposit.” A cash deposit used for any purpose, including,

but not limited to, any of the following:

(1) The compensation of a landlord for a tenant's default in the

payment of rent.

(2) The repair of damages to the premises, exclusive of ordinary

wear and tear, caused by the tenant or by a quest or

licensee of the tenant.

(3) The cleaning of the premises upon termination of the

tenancy necessary to return the unit to the same level of

cleanliness it was in at the inception of the tenancy.

(4) reimbursement for costs associated with processing a new

tenant

(5) an advance payment of rent,

"Serious Nuisance.” Inflicting bodily harm upon another tenant, the

landtord, or the landlord's agent(s) or threatening to inflict such

harm with the present ability to effect the harm and under

circumstances which would lead a reasonable person to believe

that such threat will be carried out; substantial and willful

destruction of part of the dwelling unit or premises; conduct which

presents an immediate and serious danger to the safety of other

tenants, the landlord, or the landlord's agent(s); using the premises

for any criminal activity that threatens the health, safety, or right to

peaceful enjoyment of the premises by other tenants; or any drugrelated criminal activity on the premises, engaged in by a tenant,

his guest, or any other person under the tenant's control.

(w) Tenancy ai Will: Rental agreement that has no expiration date, but

may be terminated at any time by either the tenant or the landiord

serving the other party with a written 30 day notice.

(2)

"Tenant." The lessee, sublessee, or person entitled under a lease

or rental agreement to occupy a dwelling unit to the exclusion of

others.

"Tribe." The Hoopa Valley Tribe.

“Unlawful Detainer.” A person commits an “unlawful detainer” if,

being a tenant of real property with a term of Jess than his life, if any

of the following occurs.

(1)

(3)

(4)

The tenant continues in possession, in person or by

subtenant, of the property or any part thereof, after the

expiration of the term for which it is let to him. [n all cases

where real property is leased or rented for a specified term

or period, or by express or implied contract, whether written

or parole, the tenancy shall be terminated without notice at

the expiration of such specified term or period; or

When the tenant or subtenant continues in possession after

default in the payment of rent according to the tease or rental

agreement under which the premises is held, and three days

after the tenant, and if the subtenant occupies the premises,

the subtenant, is served with notice demanding payment of

the amount due or possession of the premises; or

When the tenant or subtenant continues in possession after

a neglect or failure to perform conditions or covenants of the

lease or agreement under which the premises is held,

including any covenant not to assign or sublet the premises,

and three days after the tenant, and if the subtenant

occupies the premises, the subtenant, is served with notice

requiring the performance of such conditions or covenants.

Within three days after service of the notice, the tenant,

subtenant, encumbrancer or other interested person may

perform the conditions or covenants of the lease, and

thereby save the lease from termination, but if the broken

condition or covenant cannot be cured, the required notice

need not list such performance as an alternative; or

When the tenant or subtenant commits or permits waste

upon the premises, or maintains, commits, or permits the

maintenance or commission of a nuisance upon the

premises or uses the premises for an unlawful purpose, and

three days after the tenant, and if the subtenant occupies the

premises, the subtenant, is served with notice to quit

continues in possession of the property; or

(5) When the tenant gives written notice of his intent to

terminate occupation of the premises, or makes a written

offer to surrender which is accepted in writing by the

landlord, but fails to vacate the premises at the time

specified in the notice without the permission of the landlord;

(6) | When the tenant, who has leased or rented the property for

an indefinite period of time with monthly or other periodic

rent reserved, continues in possession in person or by

subtenant after the end of such month or period after having

been served with notice requiring him to quit the premises at

the end of such month or period; or

(7) | When a tenant under a tenancy at will continues in

possession by person or subtenant after the expiration of a

thirty day notice to terminate the tenancy.

CHAPTER 6 LEASES & RENTAL AGREEMENTS

36.6.01 TERMS PROHIBITED IN LEASES.

No lease or rental agreement shall provide that the tenant agrees: (1) to waive

or forfeit his rights or remedies under this Ordinance; (2) to exculpate or limit the

liability ot the lanciord or to indemnify the landlord for that liability or the costs

connected therewith; or (3) ic nermit the landlord to dispossess him without

resort to court order. A provision prunicited by this subsection shall be

unenforceable.

36.6.02 TERM OF TENANCY.

In the absence of a definite term in the lease or rental agreement, the tenancy

shall be month-to-month.

36.6.03 PAYMENT OF RENT.

In the absence of definite terms in the lease, rent is payable at the dwelling unit

and the amount of rent shall be the fair market value of the rental unit.

36.6.04 RULES AND REGULATIONS.

The landlord may promulgate reasonable rules and regulations regarding the use

and occupancy of the dwelling unit.

CHAPTER 7 LANDLORD RESPONSIBILITIES & RIGHTS.

36.7.01 LANDLORD RESPONSIBILITIES

Each landlord subject to the provisions of this Ordinance shall:

(a) Maintain the dwelling unit in a decent, safe, and sanitary condition.

(b) Comply with applicable building and housing codes.

habitable condition, except where the premises are rendered unfit or

uninhabitable by the tenant or his guest in violation of Chapter 5 of this Code, in

which case such duty shall be the responsibility of the tenant.

(d) Keep common areas clean, safe, and secure.

{e) Maintain in good condition and safe working order all electrical, plumbing,

sanitary, heating, ventilating, air-conditioning, and other facilities and appliances,

where such things are not the responsibility of the tenant or are generated by an

installation within the exclusive control of the tenant.

(f} Provide running water, hot water and heat in accordance with applicable

building and housing codes, except to the extent the tenant is required to provide

such for himself.

(g) Guarantee the right of quiet enjoyment of the dwelling unit to the tenant and

insure that the conduct of other tenants, their guests, and other persons on the

premises does not cause a nuisance, endangerment of public health and safety,

breach of peace, or interference with the quiet enjoyment of the tenant.

(h) Give sole possession of the dwelling unit to the tenant in accordance with the

lease and refrain from: (1) entering the unit, except as authorized in Section

36.7.03; (2) making repeated demands for entry otherwise lawful under Section

36.7.03(a) but which have the effect of unreasonably harassing the tenant; (3)

sexually harassing or physically assaulting the tenant in or around his dwelling

unit; or (4) locking the tenant out of his dwelling unit without the tenant's consent.

36.7.02. RETALIATION PROHIBITED.

{a@) Prohibition

A landlord or agent may not retaliate against a tenant who has complained to the

landlord or an appropriate agency about the habitability of the premises.

(b) Liability for Retaliation

Anyone who violates this section shall be liable to the tenant for actual damages

sustained plus punitive damages in an amount of not less than one hundred

dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory

act where the landiord or agent has been guilty of fraud. oppression, or malice

with respect to that act. The court shall award reasonable attorney's fees to the

prevailing party if either party requests attorney's fees upon ihe initiation of the

action.

36.7.03 LANDLORD’S ENTRY; NOTICE,

(a) Right of Entry

A landlord may enter the dwelling unit only in the following cases:

(1) In case of emergency.

(2) To make necessary or agreed repairs, decorations,

alterations or

improvements, supply necessary or agreed services, or

exhibit the dwelling unit to prospective or actual purchasers,

mortgagees, tenants, workers, or contractors or to make an

inspection pursuant to Section 36.3.01.

(3) When the tenant has abandoned or surrendered the

premises.

(4) Pursuant to court order.

(b) Hours of Entry

Except in cases of emergency or when the tenant has abandoned or surrendered

the premises, entry may not be made during other than normal business hours

unless the tenant consents to an entry during other than normal business hours

at the time of entry.

The landlord may not abuse the right of access or use it to harass the tenant.

(d) Notice Required

Except as provided in subsections (b) or (e), the landlord shall give the tenant

reasonable notice in writing of his or her intent to enter and enter only during

normal business hours. The notice shall include the date, approximate time, and

purpose of the entry. The notice may be personally delivered to the tenant, feft

with someone of a suitable age and discretion at the premises, ar, left on, near,

or under the usual entry door of the premises in a manner in which a reasonable

person would discover the notice. Twenty-four hours shall be presumed to be

reasonable notice in absence of evidence to the contrary. The notice may be

mailed to the tenant. Mailing of the notice at least six days prior to an intended

entry is presumed reasonable notice in the absence of evidence to the contrary.

(e) Exceptions to Notice Requirement

No notice of entry is required under this section:

(1) To respond to an emergency.

(2) If the tenant is present and consents to the entry at the time

of entry.

(3) After the tenant has abandoned or surrendered the unit.

(4) The tenant and the landiord may agree orally to an entry to

make agreed repairs or supply agreed services. The

agreement shall include the date and approximate time of

the entry, which shall be within one week of the agreement.

In this case, the landlord is not required to provide the tenant

a written notice.

36.7.04 NO SELF-HELP EVICTION.

(a) Prohibition

No landiord may compel a tenant to vacate any premises without issuing a notice

to quit on the tenant, initiating a civil eviction action, and obtaining a Tribal Court

order as provided in this code. Self Help Evictions include turning off the water or

power to the home, locking the plaintiff out of the home or property, throwing the

plaintiffs belongings out into the yard.

(b) Penalty for Self Help Eviction

Any the landlord who uses unlawful methods to evict a tenant, may be subject to

liability for the tenant's actual damages, as well as penalties of up to $100 per

day for the time that the iandlord used the unlawful methods.

CHAPTER 8 SECURITY DEPOSITS

36.8.01 AMOUNT OF SECURITY DEPOSIT.

A landlord may demand a security deposit_as part of the rental or lease

agreement. Any security deposit amount must be stated in writing in the rental

agreement or lease.

36.8,.02 SECURITY DEPOSIT HELD FOR TENANT.

The landiord shail hold the security deposit for the tenant who is party to the

lease or agreement.

36.8.03 REASONABLY NECESSARY CLAIM; PREEXISTING DEFECTS;

ORDINARY WEAR AND TEAR.

The landlord’s claim for any of the security deposit shall be reasonably

necessary. The landlord may not assert a claim against the tenant or the security

for damages to the premises or any defective conditions that preexisted the

tenancy, for ordinary wear and tear or the effects thereof, whether the wear and

tear preexisted the tenancy or occurred during the tenancy, or for the cumulative

effects of ordinary wear and tear occurring during any one or more tenancies.

36.8.04 RETURN OF SECURITY DEPOSIT; ITEMIZED STATEMENT

Within 21 days of the termination of a tenancy the landlord shall furnish the

tenant, by personal delivery or by first-class mail, postage prepaid, a copy of an

itemized statement indicating the basis for, and the amount of, any security

received and specifying repairs, cleaning deductions or other disposition of the

security, and shail return any remaining portion of the security to the tenant.

36.8.05 ACTION TO RECLAIM SECURITY DEPOSIT.

Any tenant may bring an action for money damages in Tribal Court to reclaim any

part of the security deposit that may be due.

CHAPTER 9 TENANT’S RESPONSIBILITIES & RIGHTS

36.9.01 TENANT RESPONSIBILITIES.

Each tenant subject to the provisions of this Ordinance shall:

(a) Pay rent without demand or notice at the time and place agreed upon by the

parties.

(b) Immediately notify the landlord of any defects in the premises hazardous to

life, health, or safety.

rubbish, junk, and abandoned vehicles in a proper, sanitary, and safe manner.

(d) Use ail electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and

other facilities and appliances that are part of the dwelling unit or premises, and

the property of the landlord, in a proper, safe, sanitary, and reasonable manner.

(e) Refrain from destroying, defacing, damaging, or removing any part of the

dwelling unit, premises, or common areas, and to require guests to act in like

manner.

(f) Pay reasonable charges for the repair of damages, other than normal wear

and tear, to the dwelling unit, premises, or common areas caused by the tenant

or his quests, or to repair such damages as required under the rental agreement,

within 30 calendar days of such damage.

(g) Conduct himself, and require his guests to conduct themselves, in a manner

which does not disturb the quiet enjoyment of others or cause a breach of the

peace.

{h) Not give up the dwelling unit to others. assign a lease arrangement, or

sublease the dwelling unit without the written or oral permission of the landlord.

(i) Use the dwelling unit for residential purposes as agreed, and not to use the

unit or permit its use for illegal conduct or any other activity that may harm the

physical or social environment of the premises or the area around it.

(j) Abide by all rules and regulations promulgated by the landlord.

(k) Provide the landlord access to the dwelling unit to perform maintenance and

repairs, inspect the premises, supply necessary or agreed services, or show the

dwelling unit to prospective buyers or tenants, provided that such access shall be

at reasonable times when the tenant is present, and upon reasonable written or

oral notice from the landlord, except in emergency situations where the health,

safety or welfare of the tenant or the tenant's neighbors is in immediate danger,

substantial damage to property is imminent, or where the tenant consents. No

tenant who unreasonably denies access to a landlord for these purposes may

pursue an action or grievance on the grounds that any services or repairs were

not provided.

36.9.02 TENANT MAINTENANCE.

Any agreement by a tenant waiving or modifying his rights under Sections

36.3.01 or 36.4.01. shall be void as contrary to public policy with respect to any

condition which renders the premises uninhabitable, except that the landlord and

the tenant may agree that the tenant shall undertake to improve, repair or

maintain all or stipulated portions of the dwelling as part of the consideration for

rental.

36.9.03 REPAIR AND DEDUCT.

If within a reasonable time after written or oral notice to the landlord or his agent

of dilapidations rendering the premises untenantable, which the landlord ought to

repair but neglects to do so, the tenant may repair the same himself where the

cost of such repairs does not require an expenditure more than one month's rent

of the premises and deduct the expenses of such repairs from the rent when due,

or the tenant may vacate the premises, in which case the tenant shall be

discharged frorn further payment of rent, or performance of other conditions as of

the date of vacating the premises. This remedy shall not be available to the

tenant more than twice in any 12-month period.

CHAPTER 10 ABANDONMENT

36.10.01 PROCEDURAL REQUIREMENTS TO ESTABLISH ABANDONMENT

\f a tenant abandons the property before the end of the term it is a breach of the

lease or rental agreement. The landlord may give a notice of belief of

abandonment ta the tenant only where the rent on the property has been due

and unpaid for at least fourteen consecutive days and the landiord reasonably

believes that the tenant has abandoned the property. The date of termination cf

the lease or rental agreement shall be specified in the landlord's notice and shall

be not less than 15 days after the notice is served personally or, if mailed, not

less than 20 days after the notice is deposited in the mail.

36.10.02 SERVICE OF NOTICE OF ABANDONMENT

The landlord's notice of belief of abandonment shall be personally delivered to

the tenant or sent by first-class mail, postage prepaid, to the tenant at his fast

known address and, if there is reason to believe that the notice sent to that

address will not be received by the tenant, alsc :o such other address, if any,

known to the landlord where the tenant may reasonably be expected to receive

the notice.

36.10.03 CONTENT OF NOTICE OF ABANDONMENT

The notice of belief of abandonment shall be in substantially the following form:

Notice of Belief of Abandonment

To:

(Name of lessee/tenant)

(Address of lessee/tenant)

This notice is given pursuant to Chapter 6 of the Hoopa Vatley

Landiord Tenant Ordinance concerning the real property leased by you at

(state location of the property by address or other sufficient

description). The rent on this property has been due and unpaid for 14

consecutive days and the lessor/landlord believes that you have

abandoned the property.

The real property will be deemed abandoned within the meaning of

Chapter 6 of the Hoopa Valley Landlord Tenant Ordinance and your lease

or rental agreement will terminate on (here insert a date not

less than 15 days after this notice is served personally or, if mailed, not

less than 20 days after this notice is deposited in the mail) unless before

such date the under-signed receives at the address indicated below a

written notice from you stating both of the following:

(1) Your intent not to abandon the real property.

(2) An address at which you may be served by certified mail in any

action for

unlawtul detainer of the real property.

You are required to pay the rent due and unpaid on this real property

as required by the lease, and your failure to do so can lead to a court

proceeding against you.

Dated:

(Signature of lessor/landlord)

(Type or print name of lessor/landlord)

(Address to which lessee/tenant is to send notice)

36.10.04 DEFENSES TO CLAIM OF ABANONMENT

The real property shal! not be deemed to be abandoned pursuant to this section

if the tenant proves any of the following:

(a) At the time the notice of belief of abandonment was given, the rent was not

due and unpaid for 14 consecutive days.

(b) At the time the notice of belief of abandonment was given, it was not

reasonable for the landlord to believe that the tenant had abandoned the real

property. The fact that the landlord knew that the tenant left personal property

on the real property does not, of itself, justify a finding that the landlord did not

reasonably believe that the tenant had abandoned the real property.

notice to the landlord stating his intent not to abandon the real property and

stating an address at which he may be served by certified mail in any action for

unlawful detainer of the real property.

(d) During the period commencing 14 days before the time the notice of belief of

abandonment was given and ending on the date the lease would have

terminated pursuant to the notice, the tenant paid to the landlord all or a portion

of the rent due and unpaid on the real property.

(e) Nothing in this section precludes the landlord or the tenant from otherwise

proving that the real property has been abandoned by the tenant.

(f} Nothing in this section precludes the landlord from serving a notice requiring

the tenant to pay rent or quit as provided in Section 36.6.13 (z) (2) of this code at

any time permitted by those sections, or affects the time and manner of giving

any other notice required or permitted by law. The giving of the notice provided

by this section does not satisfy the requirements of Section 36.11.01 of this

code.

CHAPTER 11 EVICTION

36.11.01 NOTICE; METHOD OF SERVICE.

(a) Timing of Notice

When a landlord desires to obtain possession of a dwelling unit, and when there

exists one or more reasons to evict the tenant or tenants occupying the unit, the

landlord shall give notice to at least one adult tenant to quit possession of such

dwelling unit at least three days before the date specified in the notice for the

tenant or tenants to quit possession. The Notice must comply with the timeline in

36.6.13 (z) in unlawful detainer cases.

(b) Persons to be Noticed

The notice shall be addressed to the adult tenants of the dwelling unit. and shall

state the reason(s) for termination of the tenancy and the date by which the

tenant is required to quit possession of the dwelling unit.

the termination of the tenancy and the date by which the tenant is required to quit

possession of the premises. If any remedies are available to cure the alleged

violations of the rental agreement or lease, the notice shall advise the tenant of

those remedies and the timeline for the performance of the remedial acts. The

landlord shall date and sign the notice, and include his or her address on the

notice.

(d) Form of Notice

Any notice that complies with the subsection (c) requirements shall be sufficient.

The Hoopa Valley Tribal Court Clerk’s office shall have standard Termination of

Tenancy forms available for use by the public.

(e) Copy of Notice and Proof of Service

The landlord must keep a copy of the notice and proof of service by affidavit or

other manner recognized by taw.

(f) Notice of Termination of Tenancy

Any notice to terminate a Tenancy shall be in writing and shall be delivered to the

tenant or landlord by:

(1) A law enforcement officer of the Tribe; or

(2) The tenant or landlord or any agent of them.

(g) Personal Service of Notice

Delivery of notice will be effective when it is:

(1) Personally delivered to a tenant of suitable age and

discretion to understand the content of the Notice of

Termination of Tenancy (at least 16 years old),

(2) Personally detivered to a non-party adult (at least 16 yearsold) living in the premises with a copy delivered by first class

mail, or

(3) Personally delivered to an adult agent or employee of the

landiord or the tenant with a copy delivered by mail.

(h) Others Means of Service of Notice

If the notice cannot be given by means of personal delivery or the 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 a conspicuous place

on the premises and by sending a copy first class mail,

postage prepaid, addressed to the tenant at the premises.

(i) Service on a Subtenant

Service on a subtenant may be made in the same manner.

(j) Exception to Notice Requirement

No notice is required prior to the filing of a complaint of forcible entry or forcible

detainer.

(k) Failure to Comply with Notice Requirements

The notice requirements of this section shall be strictly construed and any

Jandlord who fails to comply with the terms of notice specified in this code section

shall have the Notice of Termination of Tenancy held invalid by the court should

an eviction proceeding be filed by the landlord. The tenant must be re-noticed in

compliance with the provisions of this code section if the original notice does not

comply with the terms specified subsections (a) —(j).

36.11.02. GROUNDS FOR EVICTION.

A tenant may be evicted from a dwelling unit when:

(a) The lease or rental agreement terminates for any of the following reasons:

(1) By reason of an expressed stipulation in the rental

agreement;

(2) | Nonpayment of rent within five days of the agreed date of

payment or, in month-to-month tenancies where there is no

agreed date of payment, by the fifth day of the month;

(3) Violations of the rental agreement, any reasonable rules or

regulations adopted in accordance with Section 36.6.04, or

any applicable building or housing codes;

(4) Nuisance;

(5) Serious nuisance;

(b) The dwelling unit, or any part thereof, is occupied by one who never had a

right or privilege to occupy such premises;

other than under a rental agreement or lease but such right or privilege has

terminated; or

(d) Abandonment.

CHAPTER 12 PROCEDURAL RULES FOR ALL CASES HEARD UNDER THIS

TITLE

36.12.01. SUMMARY PROCEEDING.

In all proceedings brought to recover the possession of real property pursuant to

the provisions of this Ordinance, the Tribal Court shall give such actions

precedence over all other civil actions, except actions to which special

precedence is given by law, and shall set hearings and trials for quick

determinations consistent with this Ordinance.

36.12.02. NECESSARY PARTY TENANTS; JOINDER; JUDGMENT;

SUBTENANTS AFTER NOTICE TO TENANT; PERSONS BOUND BY

JUDGMENT.

No person, other than the tenant of the premises and the subtenant, if there be

one, in the actual occupation of the premises when the complaint is filed need be

made party defendants in the proceeding, but when it appears that any of the

parties served in the process or appearing in the proceeding have committed

forcible detainer or unlawful detainer, judgment shall be rendered against the

tenant or subtenant. In case a defendant has become a subtenant of the

premises in controversy, after the service of the notice upon the tenant of the

premises under Section 36.11.01, the fact that such notice was not served on

each subtenant shall constitute no defense to the action. All persons who enter

the premises under the tenant after the commencement of the suit shall be

bound by the judgment, the same as if he or she or they had been made a party

to the action.

36.12.03. SUMMONS AND COMPLAINT.

(a) Complaint.

lf, after the date set forth in the notice for the tenant to quit possession of the

dweiling unit, the tenant has not quit possession, the landlord 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 tenants 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

premises;

(4) The grounds for eviction;

(5) Astatement showing that any required termination notices

have been served in accordance with this Ordinance or

other applicable law; and

(6) Astatement of the relief demanded, including any claim(s)

for possession of the dwelling unit, damages, fees, costs, or

other special relief.

(b) Summons and Notice of Hearing

The summons shall be in the form that conforms to Title 2 Section 2.1.04

requirements except that the defendant's time to respond to the complaint shall

be five days after the summons ts served upon him/her and the summons shall

include the date and time of the court hearing. in all other respects, the

summons shall be issued, served, and returned in the same manner as a

summons in a civil action specified under the Title 2.

36.12.04, APPEARANCE; ANSWER, DISMISS OR STAY; TIME ALLOWED.

On or before the date fixed for the defendant's appearance, the defendant may

appear and answer or move to dismiss the piaintiff's complaint.

(a) Unless otherwise ordered by the Tribal Court for good cause shown, the time

allowed for the defendant to answer the complaint or an amended complaint, or

to amend the answer shall not exceed 5 days.

(b) Where the defendant files a motion to dismiss the complaint or to stay

proceedings, the time for filing the motion shall be the same as filing an answer,

and the time for the Tribal Court to hear the motion shail not be less than 5 days

after the personal service of a copy of the motion and a notice of the hearing or

not less than 10 days after the service by mail of a copy of the motion and a

notice of hearing; and

defendant's time to file an answer until five days after service upon the defendant

of the written notice of entry of an order denying the defendant's motion, except

ihat for good cause shown the Tribal Court may extend the defendant's time to

answer for an additional period not exceeding fifteen days.

36.12.05. MOTION FOR SUMMARY JUDGMENT.

Notwithstanding any other provision of Jaw, in any action under this Title:

(a) A motion for summary judgment filed under this Ordinance may be made at

any time after the answer is filed upon giving 5 days notice. Summary judgment

shall be granted or denied on the same basis as a motion filed under 2 HVTC

Section 2.4.04,

(b) Opposition to a motion filed under subdivision (a) shall be filed no later than

five days after the written motion is served on the plaintiff, and the defendant's

reply shall be filed no later than three days after the written opposition is served

on the defendant.

least 14 days before the time the Court hears the motion, and opposition to the

motion shall be filed and served on the defendant no iater than seven days

before the time the Court hears the motion, and the defendant's reply to the

opposition shall be filed and served on the plaintiff no later than three days

before the time the Court hears the motion. The Court shall hear the motion for

summary judgment no later than 14 days before trial, unless the Court for good

cause shown orders otherwise.

36.12.06. EXTENSION OF TIME; CONSENT OF ADVERSE PARTY.

Unless otherwise ordered by the Court for good cause shown, and upon the

payment of a reasonable sum for the fair rental value of the premises between

the date on which the complaint was filed and the date of hearing, no extension

of time allowed in any action under this Title for the causes specified in this Title

shall exceed ten days without the consent of the adverse party.

36.12.07. ENTRY OF DEFAULT; APPLICATION FOR RELIEF.

(a) Timeline for Entry of Default Judgment

lf a defendant served with summons fails to appear and defend in person or in

writing on or before the appointed time, the Judge shall, upon application of the

plaintiff, enter the default of the defendant no more than 5 days following the date

the application is filed with proof of personal service upon the defendant, and no

more than 10 days after the application is filed with proof of service by mail upon

the defendant,

(b) Application for Retief

Upon the entry of a default judgment, the plaintiff may apply to the court for the

relief demanded in the complaint, including the costs against the defendant.

The court will grant the requested relief within 5 days of the filing of the

application for retief, unless good cause is found to deny or postpone the

granting of the requested relief. Good cause will be only found where the

defendant appears for the first time after the entry of default of judgment where

emergency circumstances previously prevented the defendant's prior

appearance or for reasons other than legitimate notice issues that are not the

defendant's fauit.

36.12.08. PRETRIAL CONFERENCE HEARINGS.

Notwithstanding any other provision of law, pretrial conference hearings for

unlawful detainer cases will be set as follows:

(a) A pretrial conference hearing will be set approximately fifteen days after filing

of the complaint unless:

(1) The case has already been set for trial.

(2) The case has been designated as a general civil matter

because possession is no longer at issue and the case is not

entitled to preference according to Section 36.12.01 of this

Code; or

(3) | Adisposition has been entered, or a dismissal judgment,

Notice of Settlement, or a transfer terminates or disposes of

a case.

(b) Parties may begin discovery under this Title prior to the pretrial conference

hearing.

conference, assign the earliest date for trial within the next twenty days and notify

all parties in writing of the trial date.

36.12.09. TRIAL; NO JURY TRIAL; PRIMA FACIE CASE; RENT

(a) Timeline for Trial

Whenever an issue of fact is presented by the pleadings, it must be tried by the

Tribal Court Judge no more than thirty days following the date for defendant's

first appearance, except when the trial date would fall on a weekend or holiday,

and in such a situation on the first regular court day following that date.

(b) Bench Trial

No party shall have the right to a trial by jury.

The plaintiff has the burden of proof and must prove his case by a

preponderance of the evidence. On the trial of any proceedings for

abandonment, forcible entry or unlawful or forcible detainer, the plaintiff shall only

be required to show, in addition to the abandonment, forcible entry or unlawful or

forcible detainer complained of, that piaintiff was peaceably in the actual

possession of the premises at the time of the forcible entry or was entitled to the

possession at the time of the abandonment, unlawful or forcible detainer.

(d) Rent During Pendency of Case

The Court may in its discretion, on motion from the landlord, order the tenant to

pay into the Court rents for the use and occupancy during the pendency of the

case.

36.12.10. DEFENSES.

The Court shall grant the remedies allowed in this Code, unless it appears by the

evidence that:

(1) The premises are untenable, uninhabitable, or constitute a situation where

there is a constructive eviction of the tenant, in that the premises are in such a

condition, due to the fault of the landlord, that they constitute a real and serious

hazard to human health and safety and not a mere inconvenience; or

(2) The tandiord 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

premises; or

(3) There are monies due and owing to the tenant because he has been required

to make repairs that are the obligation of the landlord and the landlord has faited

or refused to make them after a reasonable notice. Such sums may be a

compiete 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 reasonabie rental value of the

premises.

(4) That due to the conduct of the landlord, 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.

(5) That there are such serious and material breaches of applicable housing law

on the part of the tandlord that it would be unjust to grant him a remedy.

[OCR skipped on page(s) 31-39]

[Read from a scan; the first 30 pages.]

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.