Lac Courte Oreilles Tribal (2025)

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Lac Courte Oreilles Tribal

Code of Law

Volume 3

Title PRP

Through Chapter PAP.4

2025 Edition

Current through:

March 24, 2025

Last Codified:

Res. No. 2025-57

The codes and laws in this document are in the public domain.

Published by the Open Law Library.

OLL, OPEN LAW LIBRARY, and the Open Law Library LOGO are trademarks

used herein under license.

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Lac Courte Oreilles Tribal Code of Law

Volume 3

Title PRP

Property

PAP.1 Governmental Personnel Policies and Procedures of the Lac Courte Oreilles Band of

Lake Superior Chippewa Indians .................................... PAP.1-Error! Bookmark not defined.

PAP.2 Property and Procurement Policies and Procedures of the Lac Courte Oreilles Band of

Lake Superior Chippewa Indians .................................... PAP.2-Error! Bookmark not defined.

PAP.3 Travel Policies and Procedures of the Lac Courte Oreilles Band of Lake Superior

Chippewa Indians .......................................................... PAP.3-Error! Bookmark not defined.

PAP.4 Housing Authority Personnel Policies and Procedures of the Lac Courte Oreilles Band

of Lake Superior Chippewa Indians ................................ PAP.4-Error! Bookmark not defined.

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

Chapter PRP.5

Eminent Domain Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

PRP.5.1 General Provisions ......................................... PRP.5.1-Error! Bookmark not defined.

PRP.5.2 Tribal Condemnation Committee Responsibilities ........ PRP.5.2-Error! Bookmark not

defined.

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

................................................................................... PRP.5.3-Error! Bookmark not defined.

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.

PRP.5-

Subchapter PRP.5.1

General Provisions

Subchapter PRP.5.1

General Provisions

PRP.5.1.010 Title......................................................... PRP.5.1-Error! Bookmark not defined.

PRP.5.1.020 Authority................................................. PRP.5.1-Error! Bookmark not defined.

PRP.5.1.030 Territorial Applicability ............................ PRP.5.1-Error! Bookmark not defined.

PRP.5.1.040 Effective Date.......................................... PRP.5.1-Error! Bookmark not defined.

PRP.5.1.050 General Definitions ................................. PRP.5.1-Error! Bookmark not defined.

PRP.5.1.060 Severability ............................................. PRP.5.1-Error! Bookmark not defined.

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.

(Res. No. 2024-37)

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).

(Res. No. 2024-37)

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.

(Res. No. 2024-37)

PRP.5.1-

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.

(Res. No. 2024-37)

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.

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.

PRP.5.1-

(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.

(Res. No. 2024-37)

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.

(Res. No. 2024-37)

PRP.5.1-

Subchapter PRP.5.2

Tribal Condemnation Committee Responsibilities

Subchapter PRP.5.2

Tribal Condemnation Committee Responsibilities

PRP.5.2.010 Commission Established .......................... PRP.5.2-Error! Bookmark not defined.

PRP.5.2.020 Official Powers and Duties....................... PRP.5.2-Error! Bookmark not defined.

PRP.5.2.030 Organization ........................................... PRP.5.2-Error! Bookmark not defined.

PRP.5.2.040 Minimum Qualifications .......................... PRP.5.2-Error! Bookmark not defined.

PRP.5.2.050 Merit Based Appointment ....................... PRP.5.2-Error! Bookmark not defined.

PRP.5.2.060 Term and Removal .................................. PRP.5.2-Error! Bookmark not defined.

PRP.5.2.070 Officers ................................................... PRP.5.2-Error! Bookmark not defined.

PRP.5.2.080 Compensation of Commission Members. PRP.5.2-Error! Bookmark not defined.

PRP.5.2.090 Restrictions ............................................. PRP.5.2-Error! Bookmark not defined.

PRP.5.2.100 Care, Loyalty, and Conflict ....................... PRP.5.2-Error! Bookmark not defined.

PRP.5.2.110 Personal Liability and Immunity............... PRP.5.2-Error! Bookmark not defined.

PRP.5.2.120 Commission Action.................................. PRP.5.2-Error! Bookmark not defined.

PRP.5.2.130 Minutes................................................... PRP.5.2-Error! Bookmark not defined.

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.

(Res. No. 2024-37)

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;

the property to be taken and condemned to ascertain the fair market value of the property

subject to condemnation;

PRP.5.2-

(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.

(Res. No. 2024-37)

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.

(Res. No. 2024-37)

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.

any tribal, county, state or federal court, unless pardoned:

(1) A felony

(2) Any offense involving fraud or misrepresentation

PRP.5.2-

(d) Shall not be an elected Tribal official.

(Res. No. 2024-37)

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;

and social conditions and the goals of the Tribe and the Commission;

(Res. No. 2024-37)

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.

(Res. No. 2024-37)

PRP.5.2-

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 ViceChairman shall preside.

(Res. No. 2024-37)

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.

(Res. No. 2024-37)

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.

(Res. No. 2024-37)

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.

PRP.5.2-

an applicant that is illegal, fraudulent, or willfully unfair to either the Tribe, the Commission,

an applicant, or a witness.

(Res. No. 2024-37)

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.

(Res. No. 2024-37)

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.

(Res. No. 2024-37)

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.

(Res. No. 2024-37)

PRP.5.2-

Subchapter PRP.5.3

General Provisions and Procedures in Exercising Tribal Condemnation Authority

Subchapter PRP.5.3

General Provisions and Procedures in Exercising Tribal Condemnation Authority

PRP.5.3.010 Condemnation of Land for Public PurposePRP.5.3-Error! Bookmark not defined.

PRP.5.3.020 Uniform Valuation Guidelines ................. PRP.5.3-Error! Bookmark not defined.

PRP.5.3.030 Petition for Ascertainment of Compensation by Tribal Condemnation

Commission ................................................................ PRP.5.3-Error! Bookmark not defined.

PRP.5.3.040 Contents of Petition for Ascertainment of Compensation .............. PRP.5.3-Error!

Bookmark not defined.

PRP.5.3.050 Amendment of Petition ........................... PRP.5.3-Error! Bookmark not defined.

PRP.5.3.060 Additional Pleading Not Required............ PRP.5.3-Error! Bookmark not defined.

PRP.5.3.070 United States Not an Indispensable Party PRP.5.3-Error! Bookmark not defined.

PRP.5.3.080 Hearing on Right to Take - Time for Demand ......... PRP.5.3-Error! Bookmark not

defined.

PRP.5.3.090 Negotiated Compensation — Evidence of Offer Not Admissible .... PRP.5.3-Error!

Bookmark not defined.

PRP.5.3.100 Jurisdictional Determination ................... PRP.5.3-Error! Bookmark not defined.

PRP.5.3.110 Hearing on Petition; Service and Publication ......... PRP.5.3-Error! Bookmark not

defined.

PRP.5.3.120 Commission Findings............................... PRP.5.3-Error! Bookmark not defined.

PRP.5.3.130 Administrative Review............................. PRP.5.3-Error! Bookmark not defined.

PRP.5.3.140 Judicial Review - Tribal Court ................... PRP.5.3-Error! Bookmark not defined.

PRP.5.3.150 Effect of Judgement ................................ PRP.5.3-Error! Bookmark not defined.

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.

(Res. No. 2024-37)

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

PRP.5.3-

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.

(Res. No. 2024-37)

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.

(Res. No. 2024-37)

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.

(Res. No. 2024-37)

PRP.5.3-

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.

(Res. No. 2024-37)

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.

(Res. No. 2024-37)

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.

(Res. No. 2024-37)

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.

(Res. No. 2024-37)

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.

PRP.5.3-

Settlement negotiations or evidence of deposits hereunder shall not be admissible as

evidence in a hearing before the Commission.

(Res. No. 2024-37)

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.

(Res. No. 2024-37)

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.

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.

(Res. No. 2024-37)

PRP.5.3-

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.

(Res. No. 2024-37)

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.

ordering a certain action, it shall affirm the finding of fair market value.

(Res. No. 2024-37)

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.

(Res. No. 2024-37)

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.

(Res. No. 2024-37)

PRP.5.3-

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

Chapter PRP.7

Housing Authority Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

PRP.7.1 General Provisions ......................................... PRP.7.1-Error! Bookmark not defined.

PRP.7.2 Definitions ..................................................... PRP.7.2-Error! Bookmark not defined.

PRP.7.3 General .......................................................... PRP.7.3-Error! Bookmark not defined.

PRP.7.4 Housing Court ................................................ PRP.7.4-Error! Bookmark not defined.

PRP.7.5 Admissions and Occupancy ............................ PRP.7.5-Error! Bookmark not defined.

PRP.7.6 Eviction .......................................................... PRP.7.6-Error! Bookmark not defined.

PRP.7.7 Administrative Procedures ............................. PRP.7.7-Error! Bookmark not defined.

PRP.7.8 Reporting Requirements ................................ PRP.7.8-Error! Bookmark not defined.

PRP.7.9 Housing Rehabilitation and Construction Standards ..... PRP.7.9-Error! Bookmark not

defined.

PRP.7.10 Maintenance Policies and Procedures ........ PRP.7.10-Error! Bookmark not defined.

PRP.7.11 Inspections................................................. PRP.7.11-Error! Bookmark not defined.

PRP.7.12 Relocation Policy ........................................ PRP.7.12-Error! Bookmark not defined.

PRP.7.13 Collection and Compliance Policy ............... PRP.7.13-Error! Bookmark not defined.

PRP.7.14 Grievance Policy......................................... PRP.7.14-Error! Bookmark not defined.

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

PRP.7-

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.

PRP.7-

Subchapter PRP.7.1

General Provisions

Subchapter PRP.7.1

General Provisions

PRP.7.1.010 Title......................................................... PRP.7.1-Error! Bookmark not defined.

PRP.7.1.020 Authority................................................. PRP.7.1-Error! Bookmark not defined.

PRP.7.1.030 Declaration of Need ................................ PRP.7.1-Error! Bookmark not defined.

PRP.7.1.040 Purpose................................................... PRP.7.1-Error! Bookmark not defined.

PRP.7.1.050 Territorial Applicability ............................ PRP.7.1-Error! Bookmark not defined.

PRP.7.1.060 Effective Date.......................................... PRP.7.1-Error! Bookmark not defined.

PRP.7.1.070 Interpretation ......................................... PRP.7.1-Error! Bookmark not defined.

PRP.7.1.080 Severability and Non-Liability .................. PRP.7.1-Error! Bookmark not defined.

PRP.7.1.090 Relation to Other Laws ............................ PRP.7.1-Error! Bookmark not defined.

PRP.7.1.100 Repeal of Inconsistent Tribal Ordinances . PRP.7.1-Error! Bookmark not defined.

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.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.1.010 was formerly codified as XI LCOTCL §7.101

PRP.7.1.020 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(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).

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.1.020 was formerly codified as XI LCOTCL §7.102

PRP.7.1-

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;

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.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.1.030 was formerly codified as XI LCOTCL §7.103

PRP.7.1-

PRP.7.1.040 Purpose

The Tribe shall provide adequate and affordable housing and housing services to lowand 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;

improvement, extension, alteration or repair and operation of low income dwellings.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.1.040 was formerly codified as XI LCOTCL §7.104

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 offreservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.1.050 was formerly codified as XI LCOTCL §7.105

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.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.1.060 was formerly codified as XI LCOTCL §7.106

PRP.7.1.070 Interpretation

The provisions of this ordinance:

PRP.7.1-

(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.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.1.070 was formerly codified as XI LCOTCL §7.107

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.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.1.080 was formerly codified as XI LCOTCL §7.108

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

PRP.7.1-

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.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.1.090 was formerly codified as XI LCOTCL §7.109

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.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.1.100 was formerly codified as XI LCOTCL §7.110

PRP.7.1-

Subchapter PRP.7.2

Definitions

Subchapter PRP.7.2

Definitions

PRP.7.2.010 General Definitions ................................. PRP.7.2-Error! Bookmark not defined.

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.

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

PRP.7.2-

(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

any member of the family has access.

(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;

PRP.7.2-

(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;

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

PRP.7.2-

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);

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;

PRP.7.2-

(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 SelfSufficiency (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;

PRP.7.2-

(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;

(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.

PRP.7.2-

(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.

PRP.7.2-

(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.

PRP.7.2-

(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:

PRP.7.2-

(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;

PRP.7.2-

(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

PRP.7.2-

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.

PRP.7.2-

(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.

PRP.7.2-

(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.

PRP.7.2-

(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;

PRP.7.2-

(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-tomonth 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.

PRP.7.2-

(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.

(Res. No. 2023-157; Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.2.010 was formerly codified as XI LCOTCL §7.201

PRP.7.2-

Subchapter PRP.7.3

General

Subchapter PRP.7.3

General

PRP.7.3.010 Housing Authority ................................... PRP.7.3-Error! Bookmark not defined.

PRP.7.3.015 Board of Commissioners.......................... PRP.7.3-Error! Bookmark not defined.

PRP.7.3.020 Obligations .............................................. PRP.7.3-Error! Bookmark not defined.

PRP.7.3.030 The Executive Director ............................ PRP.7.3-Error! Bookmark not defined.

PRP.7.3.040 Miscellaneous ......................................... PRP.7.3-Error! Bookmark not defined.

PRP.7.3.050 Cooperation in Connection with Projects. PRP.7.3-Error! Bookmark not defined.

PRP.7.3.060 Relation to Federal Law ........................... PRP.7.3-Error! Bookmark not defined.

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.

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.

PRP.7.3-

(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.

PRP.7.3-

(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.

PRP.7.3-

(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.

(Res. No. 2023-48 §§ 1, 2, 3; Res. No. 2023-19; Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.3.010 was formerly codified as XI LCOTCL §7.301

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

PRP.7.3-

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.

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;

PRP.7.3-

(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.

(Res. No. 2023-157; Res. No. 2023-48 §§ 10, 11, 12, 13, 14, 4, 5, 6, 7, 8, 9; Res. No. 2023-19)

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.

PRP.7.3-

(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.

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.

PRP.7.3-

(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.

PRP.7.3-

(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.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.3.020 was formerly codified as XI LCOTCL §7.302

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.

PRP.7.3-

(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

PRP.7.3-

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.

(Res. No. 2023-48 §§ 15, 16; Res. No. 2023-19; Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.3.030 was formerly codified as XI LCOTCL §7.303

PRP.7.3.040 Miscellaneous

Repealed.

(Res. No. 2023-19; Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.3.040 was formerly codified as XI LCOTCL §7.304

PRP.7.3.050 Cooperation in Connection with Projects

Repealed.

(Res. No. 2023-19; Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.3.050 was formerly codified as XI LCOTCL §7.305

PRP.7.3.060 Relation to Federal Law

Repealed.

(Res. No. 2023-19; Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.3.060 was formerly codified as XI LCOTCL §7.306

PRP.7.3-

Subchapter PRP.7.4

Housing Court

Subchapter PRP.7.4

Housing Court

PRP.7.4.010 Housing Court Division ............................ PRP.7.4-Error! Bookmark not defined.

PRP.7.4.020 Full Faith and Credit ................................ PRP.7.4-Error! Bookmark not defined.

PRP.7.4.030 Jurisdiction over Housing Matters ........... PRP.7.4-Error! Bookmark not defined.

PRP.7.4.040 Parties..................................................... PRP.7.4-Error! Bookmark not defined.

PRP.7.4.050 Discovery ................................................ PRP.7.4-Error! Bookmark not defined.

PRP.7.4.060 Informal Disposition ................................ PRP.7.4-Error! Bookmark not defined.

PRP.7.4.070 Accelerated Proceedings ......................... PRP.7.4-Error! Bookmark not defined.

PRP.7.4.080 Right of Access to Records ....................... PRP.7.4-Error! Bookmark not defined.

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.

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.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.4.010 was formerly codified as XI LCOTCL §7.401

PRP.7.4-

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.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.4.020 was formerly codified as XI LCOTCL §7.402

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;

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.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.4.030 was formerly codified as XI LCOTCL §7.403

PRP.7.4-

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.

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.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.4.040 was formerly codified as XI LCOTCL §7.404

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

PRP.7.4-

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.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.4.050 was formerly codified as XI LCOTCL §7.405

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.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.4.060 was formerly codified as XI LCOTCL §7.406

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.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.4.070 was formerly codified as XI LCOTCL §7.407

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.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.4.080 was formerly codified as XI LCOTCL §7.408

PRP.7.4-

Subchapter PRP.7.5

Admissions and Occupancy

Subchapter PRP.7.5

Admissions and Occupancy

PRP.7.5.010 Rules and Regulations ............................. PRP.7.5-Error! Bookmark not defined.

PRP.7.5.020 Purpose................................................... PRP.7.5-Error! Bookmark not defined.

PRP.7.5.030 Special Rules Pertaining to the LIHTC ....... PRP.7.5-Error! Bookmark not defined.

PRP.7.5.040 Application Fraud .................................... PRP.7.5-Error! Bookmark not defined.

PRP.7.5.050 ............................................................... PRP.7.5-Error! Bookmark not defined.

PRP.7.5.060 Ineligibility for Admission ........................ PRP.7.5-Error! Bookmark not defined.

PRP.7.5.070 Dependents ............................................ PRP.7.5-Error! Bookmark not defined.

PRP.7.5.080 Application Procedure ............................. PRP.7.5-Error! Bookmark not defined.

PRP.7.5.090 Notice to Applicants ................................ PRP.7.5-Error! Bookmark not defined.

PRP.7.5.100 Waiting List Eligibility .............................. PRP.7.5-Error! Bookmark not defined.

PRP.7.5.110 ............................................................... PRP.7.5-Error! Bookmark not defined.

PRP.7.5.120 Waiting List Placement ............................ PRP.7.5-Error! Bookmark not defined.

PRP.7.5.130 Unit (Bedroom) Size ................................ PRP.7.5-Error! Bookmark not defined.

PRP.7.5.140 Waiting List Updating .............................. PRP.7.5-Error! Bookmark not defined.

PRP.7.5.150 Renewal .................................................. PRP.7.5-Error! Bookmark not defined.

PRP.7.5.160 Selection Procedure ................................ PRP.7.5-Error! Bookmark not defined.

PRP.7.5.170 Pre-Admission Requirements .................. PRP.7.5-Error! Bookmark not defined.

PRP.7.5.180 Tenant Financial Obligations and Responsibilities .. PRP.7.5-Error! Bookmark not

defined.

PRP.7.5.190 Terms and Conditions of Occupancy ........ PRP.7.5-Error! Bookmark not defined.

PRP.7.5.200 Compliance ............................................. PRP.7.5-Error! Bookmark not defined.

PRP.7.5.210 Post Occupancy ....................................... PRP.7.5-Error! Bookmark not defined.

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.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.5.010 was formerly codified as XI LCOTCL §7.501

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

PRP.7.5-

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.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.5.020 was formerly codified as XI LCOTCL §7.502

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).

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.5.030 was formerly codified as XI LCOTCL §7.503

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.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.5.040 was formerly codified as XI LCOTCL §7.504

PRP.7.5.050

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

requirements:

PRP.7.5-

(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

officer on the Indian reservation may deter crime; and

(including the minimum rent charge as defined in Section PRP.7.5.180 of this ordinance).

(Res. No. 2023-157; Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.5.050 was formerly codified as XI LCOTCL §7.505

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

PRP.7.5-

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

(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

PRP.7.5-

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.

(Res. No. 136-2021; Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.5.060 was formerly codified as XI LCOTCL §7.506

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.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.5.070 was formerly codified as XI LCOTCL §7.507

PRP.7.5-

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.

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

PRP.7.5-

ineligibility for housing assistance and may also result in the referral to the proper

authorities.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.5.080 was formerly codified as XI LCOTCL §7.508

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.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.5.090 was formerly codified as XI LCOTCL §7.509

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.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.5.100 was formerly codified as XI LCOTCL §7.510

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

PRP.7.5-

(e) Honorably Discharged Veterans: 5 points

(Must provide a current DD214)

(f) Existing Tenant Transfer Preference: 5 points

(Res. No. 2023-157; Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.5.110 was formerly codified as XI LCOTCL §7.511

PRP.7.5.120 Waiting List Placement

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

for housing.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.5.120 was formerly codified as XI LCOTCL §7.512

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.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.5.130 was formerly codified as XI LCOTCL §7.513

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.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.5.140 was formerly codified as XI LCOTCL §7.514

PRP.7.5-

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.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.5.150 was formerly codified as XI LCOTCL §7.515

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.

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.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.5.160 was formerly codified as XI LCOTCL §7.516

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;

PRP.7.5-

(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.

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.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.5.170 was formerly codified as XI LCOTCL §7.517

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.

deduction programs so that rent payments are automatically paid each month.

PRP.7.5-

(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 lowincome 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.

PRP.7.5-

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.

PRP.7.5-

(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.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.5.180 was formerly codified as XI LCOTCL §7.518

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.

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.

PRP.7.5-

(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.

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;

PRP.7.5-

(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.

PRP.7.5-

(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.

PRP.7.5-

(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.

PRP.7.5-

(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, gangrelated 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.

PRP.7.5-

(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.

(Res. No. 18-71; Res. No. 17-46; Res. No. 15-95)

Prior Codifications

∗

§PRP.7.5.190 was formerly codified as XI LCOTCL §7.519

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.

PRP.7.5-

(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

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