July 14, 2026 at 10:00 A.M.

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NOTICE OF

PUBLIC MEETING

TO BE HELD

July 14, 2026 at 10:00 A.M.

IN THE

CHD Conference Room

2913 Commission Street, Oneida, WI 54155

In accordance with the Administrative Rulemaking Law, the

Comprehensive Housing Division (CHD) is hosting this Public Meeting

to gather feedback from the community regarding the

following rule:

Landlord-Tenant Rule No. 2 Income Based Rental Program Eligibility, Selection and

Other Requirements

This is a proposal to amend the rule by:



Updating Minimum Income Requirement to clarify Oneida Nation

General Welfare Assistance payments will be utilized in calculating

Minimum Income, but General Welfare Assistance payments may

not be considered when setting income-based rent.



Updating Tenant Selection to include residential buildings with common corridors and/or shared ventilation being non-smoking buildings.

To obtain copies of the Public Meeting documents for this proposal,

please visit www.oneida-nsn.gov/Register/PublicMeetings.

PUBLIC COMMENT PERIOD

OPEN UNTIL July 21, 2026

During the Public Comment Period, all interested persons may submit

written comments and/or a transcript of any testimony/spoken comments made during the Public Meeting. These may be submitted to The

Comprehensive Housing Division by U.S. mail, interoffice mail, e-mail or

fax.

Comprehensive Housing Division

2913 Commissioner Street, Oneida, WI 54155

sdenny@oneidanation.org

Phone: 920-869-2227

Fax: 920-869-2836

Title 6. Property and Land – Chapter 611

LANDLORD-TENANT

Rule # 2 – Income Based Rental Program Eligibility, Selection

and Other Requirements

2.1. Purpose and Delegation

2.2. Adoption, Amendment and Repeal

2.3. Definitions

2.4. Eligibility Requirements

2.5. Application Process and Wait List

2.6. Tenant Selection

2.7. Rental Unit Catalog, Setting Rents

and Security Deposits

2.8. Annual Inspection and Rental

Agreement Renewal

2.9. Rental Agreement Cancellation

2.1. Purpose and Delegation

2.1-1. Purpose. The purpose of this rule is to provide additional eligibility requirements,

selection procedures and general requirements that govern the Comprehensive Housing

Division’s income-based rental programs. The mission of the income-based housing program is

to develop, maintain, and operate affordable housing in safe, sanitary and healthy environments

within the reservation.

2.1-2. Authority. The Landlord-Tenant law delegated the Comprehensive Housing Division and

Land Commission joint rulemaking authority pursuant to the Administrative Rulemaking law.

However that delegation excluded the Land Commission from having joint authority where the

rules relate solely to premises administered pursuant to federal funding. Accordingly, the

Comprehensive Housing Division has sole rulemaking authority for these rules.

2.2.

Adoption, Amendment and Repeal

2.2-1. This rule was adopted by the Comprehensive Housing Division in accordance with the

procedures of the Administrative Rulemaking law.

2.2-2. This rule may be amended or repealed by the approval of the Comprehensive Housing

Division pursuant to the procedures set out in the Administrative Rulemaking law.

2.2-3. Should a provision of this rule or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this rule which are

considered to have legal force without the invalid portions.

2.2-4. In the event of a conflict between a provision of this rule and a provision of another rule,

internal policy, procedure or other regulation, the provisions of this rule control.

2.2-5. This rule supersedes all prior rules, regulations, internal policies or other requirements

relating to the Landlord-Tenant law.

2.3. Definitions

2.3-1. This section governs the definitions of words and phrases used within this rule. All

words not defined herein are to be used in their ordinary and everyday sense.

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(a) “Comprehensive Housing Division” means the entity responsible for housing matters

specifically related to rental agreements as defined by Oneida Business Committee

Resolution.1

(b) “Household” means all persons residing within the income-based rental unit.

(b) “Landlord” means the Nation in its capacity to rent real property subject to a rental

agreement.

(d) “Premises” means the property covered by a rental agreement, including not only the

real property and fixtures, but also any personal property furnished by the landlord

pursuant to a rental agreement.

(e) “Rental Agreement” means a written contract between a landlord and a tenant,

whereby the tenant is granted the right to use or occupy the premises for a residential

purpose for one (1) year or less.

(f) “Tenant” means the person granted the right to use or occupy a premises pursuant to a

rental agreement.

(g) “Tribal member” means an enrolled member of the Nation.

(h) “Security Deposit” means a payment made to the landlord by the tenant to ensure that

rent will be paid and other responsibilities of the rental agreement performed.

2.4.

Eligibility Requirements

2.4-1. Tribal Member Status. At least one (1) of the household members listed in the household

composition is required to be a Tribal member. Comprehensive Housing Division staff shall

verify enrollment status by either requiring a copy of the Tribal Identification Card or requesting

verification from the Trust Enrollment Department.

2.4-2. Maximum Income. Pursuant to the Native American Housing Assistance and Self

Determination Act (NAHASDA), in order to be eligible for an income-based rental agreement,

the household must qualify as low income at the time of initial occupancy. In order to qualify as

low-income, applicants’ household income may not exceed eighty percent (80%) of the regional

gross annual income based on the data from Outagamie County.2 For the purposes of this

section, CHD shall calculate income in accordance with 24 CFR § 5.609 and shall provide the

effective language to the Legislative Reference Office to be published as Appendix 01 to this

Rule so that applicable income calculations are publicly available on the Oneida Register.

(a)

2.4-3. Minimum Income. Applicants shall meet a minimum household income of shall have

current income that demonstrates the applicant will gross, at a minimum, $7,800 per in the

coming year. Comprehensive Housing Division staff shall include General Welfare Assistance

payments made by the Nation for the purpose of calculating minimum income, but may not

consider income attributable to the General Welfare Assistance payments when setting rents.

2.4-4. Outstanding Debts. Applicants for a rental agreement may not have a past due balance

See BC Resolution 10-12-16-D providing that for purposes of the Landlord-Tenant law, the Comprehensive

Housing Division means the Division of Land Management for general rental agreements, the Oneida Housing

Authority for income-based rental agreements and Elder Services for rental agreements through the Elder Services

program.

Pursuant to resolution BC-01-25-12-A, Outagamie County is designated as the data source for collecting regional

gross income for determining low-income housing eligibility because the income in that area is generally higher

than Brown County’s and results in more persons being eligible based on the income requirements.

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greater than two hundred dollars ($200) owed to any utility provider and may not have any prior

debt owed to the Comprehensive Housing Division.

32.4-5. Prior Comprehensive Housing Division Eviction. Applicants that have had a rental

agreement with the Comprehensive Housing Division subject to an eviction and termination

within two (2) years from the date of the application are not eligible to participate in the incomebased rental program.

2.4-6. Criminal Convictions. Applicants with any of the following types of convictions are not

eligible for participation in the income-based rental program, provided that the Pardon and

Forgiveness law may provide an exception to the conditions contained in this section:

(a) A drug conviction within three (3) years from the date of application;

(b) A felony conviction within five (5) years from the date of application; 4and/or

date of the application.

2.4-7. Pardon and Forgiveness. A grant of a pardon or forgiveness pursuant to the Nation’s

Pardon and Forgiveness law may result in an otherwise ineligible tenant becoming eligible.

2.5.

Application Process and Wait List

2.5-1. Applying. Persons wishing to participate in the income-based housing program shall

complete the Comprehensive Housing Division rental agreement application and any other

accompanying forms required based on the income-based program eligibility requirements. The

Comprehensive Housing Division staff may not consider any applications for selection and/or

placement on the wait list until the application and all accompanying forms are complete. Upon

receipt of a completed application, including all supplementary forms, Comprehensive Housing

Division staff shall date and time stamp the application. If, regardless of a complete application

submittal, additional information is required to determine eligibility, the Comprehensive Housing

Division staff shall request such information and maintain the application submittal date

provided that the applicant responds to the information requests in a reasonably timely fashion.

(a) Household Composition Form. The Comprehensive Housing Division staff shall

require applicants to the income-based housing program to complete a Household

Composition Form which provides the full name, age and date of birth of each person

contemplated to reside in the income-based rental unit. In order to verify such

information, the Comprehensive Housing Division staff shall require that applicants

submit the following with the Household Composition Form:

(1) Copies of social security cards for each person contemplated to reside in the

income-based rental unit, provided that for newly born babies that have not yet

been issued a social security card a birth certificate is sufficient;

(2) A copy of a picture identification card for each adult contemplated to reside in

the income-based rental unit;

(3) If any adults in the home are enrolled in post-secondary education,

verification of enrollment in the form of a financial aid award letter or other

documentation directly from the school; and

(4) If an adult in the household is the custodial parent/guardian of a minor, a copy

of the court documents which awarded such placement.

(b) Background Checks. In order to ensure compliance with the eligibility requirements

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of the Landlord-Tenant law and these rules, Comprehensive Housing Division staff shall

perform a background check on each adult in the household. Household adults are also

subject to annual background checks upon annual rental agreement renewal pursuant to

2.8-5 and as may be determined to be necessary to maintain the safety of the community

by the Comprehensive Housing Division staff.

2.5-2. Notification of Eligibility, Placement on the Wait List. When Comprehensive Housing

Division staff completes its review of an application and determines the applicant(s) eligible for

the income-based rental program, the staff shall:

(a) Place the applicant(s) into one (1) of the following categories of renters based on the

household size and needs as provided below:

(1) Single Adult/Adult Couple – A maximum of two (2) adults in the household,

no children.

(2) Small Household – A maximum four (4) household members in the

household.

(3) Large Household – A household of five (5) or more household members.

(4) Elder – A household with a maximum of two (2) adults and no children

wherein at least one (1) adult is sixty-two (62) years old or older at the time of

application.

(5) Minimum Handicap Accessibility Required – For each of the category types

provided in subsections (1)-(4) above, there shall be an additional category for

each requiring minimum handicap accessibility. This category shall be reserved

for households with at least one (1) household member requiring permanent and

minimal handicap accessibility (i.e. permanent use of a walker); this category

includes all handicap needs that do not amount to full wheelchair accessibility.

(6) Maximum Handicap Accessibility Required – For each of the category types

provided in subsections (1)-(4) above, there shall be an additional category for

each in which as least one (1) household member requires full wheelchair

handicap accessibility.

(b) Determine whether there is a wait list for the type of rental unit required based on the

applicant’s category of renter.

(1) If there is a wait list established, place the applicant on the wait list based on

the date and time stamp of the application. At such time, Comprehensive

Housing Division staff shall provide the applicant with notice of their placement

on the wait list and the requirement to update their application should anything

change prior to their designated use of rental unit becoming available. An

applicant may request to be removed from the wait list at any time.

(2) If there is not a wait list established and there are available rental units

available for the applicant’s renter category, move to the tenant selection process

provided in sections 2.6-3 and 2.6-4.

2.5-3. Notification of Ineligibility. If review of a complete submitted application and/or annual

renewal reveals that an applicant is ineligible to participate in the income-based rental program

based on the Landlord-Tenant law and/or rules, the Comprehensive Housing Division staff shall

notify the applicant of the cause of the ineligibility and how the applicant may become eligible in

the future. At such time, Comprehensive Housing Division staff shall also inform the applicant

of other housing opportunities offered by the Nation for which the applicant may be eligible, if

applicable.

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2.5-4. Required Application Updates. Applicants on the wait list are required to update the

application, at a minimum, annually, but also whenever information submitted on the application

has changed. Applicants that fail to complete the application update within the allotted

timeframe will be removed from the wait list and required to re-apply for future consideration

absent proof of extenuating circumstances, for which Comprehensive Housing Division staff

may provide a grace period of a maximum of ten (10) calendar days. For any updated

application that reveals an applicant has become ineligible, Comprehensive Housing Division

staff shall remove the applicant from the wait list and provide the applicant notice of the cause

for ineligibility.

2.6.

Tenant Selection

2.6-1. Household Size and Available Units. When a rental premise becomes available, the

Comprehensive Housing Division staff shall preliminarily select a tenant based on the first

applicant on the wait list for the said unit type based on the corresponding renter and unit

categorization. In the event that a handicap accessible unit becomes available and there are no

applicants on the wait list for the said type of handicap accessible unit, an applicant from the

same renter category that does not require handicap accessibility may be selected for the said

unit.

2.6-2. Notice of Tenant Selection. When an applicant is selected for a rental unit in accordance

with this section, the Comprehensive Housing Division staff shall provide the applicant with

notice of tenant selection. The notice, at a minimum, shall include the address of the rental

premise, the required security deposit and monthly rent, and a requirement that the applicant

respond within fifteen (15) calendar days to accept/reject the rental premise noting that the

security deposit is due at the time of acceptance. Applicants that pay a security deposit and fail

to complete the selection process to actually take occupancy forfeit the security deposit to the

Comprehensive Housing Division as consideration for holding the unit. Comprehensive Housing

Division shall return the security deposit to the applicant only in circumstances where the

applicant is prevented from entering the rental agreement based on a loss of eligibility due to

circumstances outside of the applicant’s control (i.e. death of a Tribal member that made the

household eligible for the income-based rental program).

(a) Failure to Respond or Rejecting a Rental Premise. If a rental premise is rejected for

any reason or the applicant fails to respond to the notice, Comprehensive Housing

Division staff shall remove the applicant from the wait list; in such circumstances the

applicant may re-apply for the income-based rental program following a ninety (90)

calendar day period of ineligibility.

(b) Accepting a Rental Premise. In order for an applicant’s acceptance of a rental

premise to be complete, the applicant shall submit along with the acceptance a payment

for the full security deposit.

Prior to accepting a security deposit payment,

Comprehensive Housing Department staff shall verify that the applicant remains eligible

for the income-based rental program and the rental unit type based on the household’s

categorization.

(1) Standard Timeframe for Completing the Rental Agreement and Taking

Occupancy. Except as provided in subsection (2) below, applicants that have

accepted a rental premise from the income-based rental program have five (5)

calendar days from the date of acceptance and payment of the security deposit to:

(A)

Reconfirm that they remain eligible for the income-based rental

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program and remain in the same category of renters;

(B)

Pay the first month’s rent; and

(C)

Execute the rental agreement and all required supplemental forms,

provided that the agreement may not be executed until (A) and (B) are

complete.

(2) Extended Timeframe for Completing the Rental Agreement for Applicants

Providing Termination Notice to Another Landlord or Housing Program. The

Comprehensive Housing Division offers an extended timeframe for applicants

required to provide thirty (30) or more calendar or business days’ notice of

termination of a rental agreement to a current landlord or housing program. In

such circumstances, in order to qualify for the extended timeframe, the applicant

shall provide proof of the notice requirement in his/her current rental agreement

by submitting the signed rental agreement to the Comprehensive Housing

Division. Upon submittal of such proof, the applicant shall have thirty (30)

calendar days from the date of acceptance and payment of the security deposit to:

(A)

Reconfirm that they remain eligible for the income-based rental

program and remain in the same category of renters;

(B)

Pay the first month’s rent; and

(C)

Execute the rental agreement and all required supplemental forms,

provided that the agreement may not be executed until (A) and (B) are

complete.

(3) Taking Occupancy. The Comprehensive Housing Division shall provide the

tenant with keys to the rental premises upon execution of the rental agreement.

As such time, the Comprehensive Housing Division staff shall provide the tenant

with a check-in sheet and notice the tenant that he/she has seven (7) calendar days

from the date the tenant takes occupancy to complete the check-in sheet and

submit it to the Comprehensive Housing Division.

(d) Buildings with Common Corridors and/or Shared Ventilation. All buildings

with common corridors and/or shared ventilation systems shall be non-smoking

throughout, including tenant units, and shall be posted as such by the

Comprehensive Housing Division. Tenants shall be informed at the time of movein, and within their rental agreement, as to whether their rental unit is within a

non-smoking building.

2.7.

Rental Unit Catalog, Setting Rents and Security Deposits

2.7-1. Rental Unit Catalog. The Comprehensive Housing Division shall maintain a catalog of

all rental units included in the income-based rental program. Said catalog shall categorize each

rental unit based on designated use for the type of renter in accordance with the types of renters

established in section 2.5-2(a).

2.7-2. Setting Rents. The Comprehensive Housing Division shall determine the required

monthly rent for each household based on the household’s income in accordance with the

following:

(a) Rent may not exceed thirty percent (30%) of the household’s adjusted gross income

based on the income calculation requirements provided in section 2.4-3. Adjusted gross

income means the annual household income remaining after the Comprehensive Housing

Division staff applies the following deductions:deductions approved pursuant to 24 CFR

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§ 5.609 and shall provide the effective language to the Legislative Reference Office to be

published as Appendix 02 to this Rule so that applicable rent deductions are publicly

available on the Oneida Register.3

(1) Dependent Deduction. A deduction of $480.00 from annual income for each

household minor dependent or adult dependent where the adult dependent is

either a full-time student or a person with disabilities.

(2) Elder and/or Disabled Deduction. A total deduction of $400.00 from annual

income for a household in which:

(A) A household member is sixty-two (62) years of age or older; and/or

(B) A household member is a person with a disability.

(3) Medical and Attendant Expenses. For a household qualifying under 2.72(a)(2), a deduction for medical expenses5 that are in excess of three percent (3%)

of annual income and all expenses for live-in periodic attendant care assistance or

apparatus to the extent necessary to enable a member of the family to be

employed.

(4) Child Care Expenses. A deduction for reasonable child care expenses from

annual income if the child care:

(A) Enables an adult household member to seek employment activity, be

gainfully employed, or further his/her education; and

(B) Expenses are not reimbursed.

(5) Child Support for a Household Minor. A deduction for the full amount of

child support paid by a household member for a household minor (i.e. when the

parent paying child support lives in the same household as the child for which the

parent is paying child support).

(6) Earned Income of Minors. A deduction in the amount of any earned income

of any minor household member.

(7) Travel Expenses for Employment or Education-Related Travel. A maximum

deduction of $25.00 per week for travel expenses for employment or education

related travel.

(b) Monthly rent may not exceed the fair market rents of the rental premise as determined

by the data for Outagamie County.

preferential rent wherein the Comprehensive Housing Division may not charge rent that

exceeds twenty percent (20%) of the household’s adjusted gross income based on the

income calculation requirements provided in section 2.4-3.

(1) Elder Tribal Member – A Tribal member that is sixty-two (62) years old or

older.

(2) Handicapped Tribal Member – A Tribal member that has a physical disability

as documented by a medical provider/or proof of disability payments.

(3) Legally Incompetent Adult Tribal Member – A Tribal member that has been

determined to be a legally incompetent adult based on the findings of a court of

competent jurisdiction.

(4) Mentally Disabled Minor Tribal Member – A Tribal member under the age of

Comprehensive Housing Division staff may not consider income attributable to the General Welfare Assistance

payments when setting rents.

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eighteen (18) years old that has a mental disability as documented by a medical

provider.

2.7-3. Standard Security Deposit. Comprehensive Housing Division staff shall set the standard

security deposit required for each rental premise in the income-based rental program at $350.00.

2.7-4. Increased Security Deposit for Pets. Tenants in the Comprehensive Housing Division’s

general rental program may have pets6 in accordance with the Domestic Animal Ordinance,

provided that an increased security deposit is required.

(a) The standard security deposit does not apply to tenants with pets. Comprehensive

Housing Division staff shall set the increased security deposit required for households

with pets at a rate of $350.00 plus an additional $200.00 per pet.

(b) In the event that a tenant wishes to acquire a pet after the rental agreement has been

signed, the tenant shall notify the Comprehensive Housing Division and shall pay the

difference between the increased security deposit for pets and the standard security

deposit. Tenants that fail to report a pet in the household may be assessed charges for an

increased security deposit for pets if such pets are reported to the Comprehensive

Housing Division and/or discovered at the time of an inspection.

2.8.

Annual Inspection and Rental Agreement Renewal

2.8-1. Scheduling Annual Inspections. Comprehensive Housing Division staff shall schedule

tenants’ annual inspections for a date that is within ninety (90) calendar days of the expiration of

the tenants’ rental agreement.

2.8-2. Inspection Checklist. Comprehensive Housing Division staff completing the annual

inspection shall use the checklist that is approved by the Comprehensive Housing Division

director. Upon completion of the inspection, Comprehensive Housing Division staff shall

request that the tenant(s) sign the completed checklist.

2.8-3. Damages. Tenants are required to pay costs to repair any damages to the rental premises

discovered during the annual inspection that do not amount to normal wear and tear. Payment

for such costs must be received by the Comprehensive Housing Division prior to signing a rental

agreement renewal, provided that the Comprehensive Housing Division may offer the tenant a

payment agreement in for the damages, in which case the repayment agreement shall be signed

prior to the rental agreement renewal.

2.8-4. Immediate Notice of Change in Household Composition and/or Income. Tenants shall

immediately notify the Comprehensive Housing Division of any change in the tenant’s

household composition and/or income, regardless of the date scheduled for the annual renewal.

(a) Change in Household Composition. If a change in the household composition

changes the tenant’s category of renter based on section 2.5-2(a), the Comprehensive

Housing Division staff shall work to transfer the household to a rental unit of

corresponding category as soon as possible. If no such units are currently available,

Comprehensive Housing Division staff shall move the tenant to the top of the waiting list.

In order to be transferred or placed on a wait list, the tenant shall demonstrate that they

remain eligible for the income-based rental program and are current with rent and utility

payments. Tenants are only eligible for rental unit transfers within their current category

of renter if, in the Comprehensive Housing Division’s discretion, the transfer is needed to

better accommodate the household composition.

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(b) Change in Household Income. A change in household income may cause a change in

the amount of monthly rent required, accordingly, any change in household income that

is not reported within thirty (30) calendar days of the change shall result in a retroactive

adjustment of the rent if the change results in an increase of rent payments. Retroactive

rent shall be applied for each month there was a change in income that was not reported,

excluding the initial thirty (30) calendar days provided to the tenant to report the change.

The tenant is responsible for payment of all current and retroactive adjustments of rent

and may be eligible for a repayment agreement, provided that in all circumstances and

retroactive rental arrears shall be paid in full within one (1) year.

cause a change in the terms of the tenant’s rental agreement, an amendment to the rental

agreement is required to be executed.

2.8-5. Rental Agreement Renewal. Each rental agreement is limited to a twelve (12) month

term. Tenants wishing to remain in the property are required to complete the annual rental

agreement renewal by verifying that the household continues to meet all eligibility requirements

contained in the Landlord-Tenant law and rules excluding the maximum income requirement

provided in article 2.4-2. Once continued eligibility is verified, tenants that remain eligible are

required to sign a rental agreement renewal.

(a)

The Comprehensive Housing Division may, in its discretion, decline renewal of a

rental agreement if it determines that the renewal is not in the best interest of the Nation.

(b)

In the event a tenant fails to enter a rental agreement renewal and has not vacated

the rental premises within thirty (30) calendar days of the expiration of the rental

agreement, the Comprehensive Housing Division shall initiate the eviction process

pursuant to the Eviction and Termination law.

2.8-6.

Ineligibility Due to Renewal or an Update of Household Information.

Comprehensive Housing Division staff shall provide tenants that become ineligible to participate

in the income-based rental program based on a renewal or update of household information with

notice specifying the cause of the ineligibility and, if possible, how the household may reinstate

eligibility.

(a) Ineligibility Due to Renewal. In circumstances where the tenant learns of ineligibility

as part of the annual renewal, Comprehensive Housing Division staff shall include in the

notice of ineligibility that renewal of the rental agreement is not available at such time

and that the tenant is entitled to a minimum of a thirty (30) day notice to cure, by

reinstating eligibility, or vacate.

(b) Ineligibility Due to an Update of Household Information. In circumstances where the

tenant learns of ineligibility as part of an update of household information,

Comprehensive Housing Division staff shall include in the notice of ineligibility the

warning of potential termination in accordance with the rental agreement. In the event

the tenant is unable to or fails to reinstate their eligibility in accordance with the timeline

provided in the notice, the Comprehensive Housing Division shall permit the tenant to

remain in the unit for the longer of the duration of the rental agreement or ninety (90)

calendar days from the date of the notice of ineligibility.

(1) If the tenants’ circumstances result in the tenant completing the term of the

rental agreement, eligibility shall be reconsidered at the time of the annual

renewal. If the tenant remains ineligible at the time of renewal, article 2.8-6(a)

applies.

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426

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431

(2) If the tenants’ circumstances result in the tenant receiving a thirty (30)

calendar day notice to cure or ninety (90) calendar day notice to vacate, the tenant

shall enter a limited term rental agreement to cover any time which exceeds the

current rental agreement.

accordance with article 2.8-6(a) and (b) of these rules and section 611.9-4 of the

Landlord-Tenant law. At a minimum, limited term rental agreement shall include:

(1) The date of the original notice of ineligibility;

(2) An explanation that the tenant has thirty (30) calendar days to reinstate

eligibility;

(3) As applicable, an explanation that if eligibility is not timely reinstated, that the

limited term rental agreement takes the place of the thirty (30) calendar day notice

to cure or vacate required by the Eviction and Termination law; and

(4) An explanation that if eligibility is not timely reinstated, the rental unit will

be reclaimed including the date the locks will be changed.

2.9.

Rental Agreement Cancellation

2.9-1. Two Week Notice Required. Tenant wishing to cancel a rental agreement in the general

rental program are requested to provide the Comprehensive Housing Division with a minimum

of two (2) weeks of notice.

2.9-2. Prorated Rent. In the event of cancellation of a rental agreement or abandonment of the

rental premises, the Comprehensive Housing Division staff shall prorate the required last

month’s rent payment based upon the greater of the following:

(a) The number of calendar days the unit was occupied in the last month; or

(b) Two (2) weeks from the date of cancellation or the date the Comprehensive Housing

Division learns of abandonment.

End.

Original effective date: 04-13-2017

Amendment effective date:

Page 10 of 10

Comprehensive Housing Division

Income Based & General Rental Housing Programs

Summary Report for: Income Based Rental Program Rule #2

Original Effective Date: 4/13/17

Amendment Effective Date: Immediately upon adoption

Name of law being interpreted: Title 6 Property and Land – Chapter 611, Landlord Tenant

Rule Number: 2

Other Laws or Rules that may be affected: Rule #4 – Income Based Rent-to-Own Program

Brief Summary of the proposed rule: The Income Based Rental Program Rule provides

additional eligibility requirements, selection procedures, and general requirements that govern

the income-based rental program.

Comprehensive Housing Division is making two changes to the rule:

•

Updating Minimum Income Requirement to clarify Oneida Nation General Welfare

Assistance payments will be utilized in calculating Minimum Income, but General

Welfare Assistance payments may not be considered when setting income-based rent.

•

Updating Tenant Selection to include residential buildings with common corridors

and/or shared ventilation being non-smoking buildings.

Statement of Effect: See attached

Financial Analysis: See attached.

Financial Analysis for:

Rule #2 - Income Based Rental Program Eligibility, Selection, and Other Requirements

Start Up Costs

Type of Cost

Description/Comment

Dollar Amount

$0.00

Personnel

$0.00

Office

$0.00

Program Revenue Costs

Based on the current status of

rental accounts in this program,

with GWA being excluded as

household income when

calculating income-based rents,

the estimated annual loss in

program revenue is reflected in

the next column.

$92,000.00 +

Annually

The monetary loss of program

revenue will vary as GWA

payments change and/or as

households receive the varied

tiers of GWA provided by the

Nation.

Estimate of time necessary for an

individual or agency to comply with the

rule after implementation

Other, please explain

Upon approval, CHD will

administer changes to Rule #2

effective immediately with

adoption.

Total Annual Net Revenue

N/A

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Amendments to Landlord-Tenant Rule No.2 – Income Based Rental Program Eligibility,

Selection and Other Requirements

Summary

The proposed amendments to the Landlord-Tenant Rule No.2 – Income Based Rental Program

Eligibility, Selection and Other Requirements addresses:

 Minimum Income Requirements;

 Calculating Rents; and

 Prohibition of Smoking in Buildings with Common Corridors and Share Ventilation.

Submitted by: Clorissa N. Leeman, Staff Attorney, Legislative Reference Office

Date: July 16, 2026

Analysis by the Legislative Reference Office

The Landlord-Tenant law (“the Law”) provides mechanisms for protecting the rights of the

landlords and tenants on all land owned by the Nation or Tribal members within the Reservation

boundaries. [6 O.C. 611.1-1]. The Law confers administrative rulemaking authority to the

Comprehensive Housing Division as authorized by the Administrative Rulemaking law. The

Comprehensive Housing Division is required to establish rules naming programs for low income

members of the Nation and their families and providing the specific requirements and regulations

that apply to the program. [6 O.C. 611.10-1].

Landlord-Tenant Rule No. 2 - Income Based Rental Program Eligibility, Selection and Other

Requirements (“the Rule”) provides additional eligibility requirements, selection procedures and

general requirements that govern the Comprehensive Housing Division’s income-based rental

programs. [Rule 2.1-1]. The mission of the income-based housing program is to develop, maintain,

and operate affordable housing in safe, sanitary, and healthy environments within the reservation.

Id.

The proposed amendments to the Rule add clarification to minimum income requirements.

Previously the Rule simply required that applicants meet a minimum household income of seven

thousand eight hundred dollars ($7,800) per year. The amended rule still requires that applicants

have current income that demonstrates the applicant will gross, at a minimum, seven thousand

eight hundred dollars ($7,800) in the coming year. [Rule 2.4-3]. But now the amended Rule

requires that the Comprehensive Housing Division staff include General Welfare Assistance

payments made by the Nation for the purpose of calculating minimum income, but provides the

option for Comprehensive Housing Division staff to consider income attributable to the General

Welfare Assistance payments when setting rents. Id.

Page 1 of 2

The proposed amendments to the Rule add a new provision regarding buildings with common

corridors and/or shared ventilation. The Rule provides that all buildings with common corridors

and/or shared ventilation systems are required to be be non-smoking throughout, including tenant

units, and shall be posted as such by the Comprehensive Housing Division. [Rule 2.6-2(d)]. The

Rule then requires that tenants be informed at the time of move-in, and within their rental

agreement, as to whether their rental unit is within a non-smoking building. Id.

The proposed amendments to the Rule also further address setting rents. The Rule provides that

rent may not exceed thirty percent (30%) of the household’s adjusted gross income based on the

income calculation requirements provided in section 2.4-3, and that adjusted gross income means

the annual household income remaining after the Comprehensive Housing Division staff applies

the deductions for the following: dependent deductions, elder and/or disabled deductions, medical

and attendant expenses, child care expenses, child support for a household minor, earned income

of minors, and travel expenses for employment or education related travel. [Rule 2.7-2(a)]. The

proposed amendments to the Law remove specific language regarding each individual deductions,

such as the dependent deductions, elder and/or disabled deductions, medical and attendant

expenses, child care expenses, child support for a household minor, earned income of minors, and

travel expenses for employment or education related travel. [Rule 2.7-2(a)(1)-(7)]. Instead the Rule

now provides that adjusted gross income means the annual household income remaining after the

Comprehensive Housing Division staff applies the deductions approved pursuant to 24 CFR §

5.609, and requires that Comprehensive Housing Division staff provide the effective language to

the Legislative Reference Office to be published as Appendix 02 to this Rule so that applicable

rent deductions are publicly available on the Oneida Register. Id.

Conclusion

There are no legal bars to adopting the amendments to the Landlord-Tenant Rule No.2– Income

Based Rental Program Eligibility, Selection and Other Requirements.

Page 2 of 2

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