Title 6. Property and Land- Chapter 611

Tribal code

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LANDLORD-TENANT

611.1.

611.2.

611.3.

611.4.

611.5.

Purpose and Policy

Adoption, Amendment, Repeal

Definitions

Rental Agreement Documents

Rights and Duties of Landlords and Tenants

611.6.

611.7.

611.8.

611.9.

611.10

Domestic Abuse Protections

Sex Offender Registry

Termination of Tenancy at Death of Tenant

Landlord or Tenant Actions

Comprehensive Housing Division Rental Programs

611.1.

Purpose and Policy

611.1-1. Purpose. The purpose of this law is to provide mechanisms for protecting the rights of

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

Reservation boundaries.

611.1-2. Policy. It is the Nation’s policy to provide a fair process to all landlords and tenants

that preserves the peace, harmony, safety, health, and general welfare of the Nation’s residents.

611.2.

Adoption, Amendment, Repeal

611.2-1. This law was adopted by the Oneida Business Committee by resolution BC-10-12-16C and thereafter amended by resolutions BC-12-13-17-D and BC-06-25-25-C.

611.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the

Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures

Act.

611.2-3. Should a provision of this law or the application thereof to any person or circumstances

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

to have legal force without the invalid portions.

611.2-4. In the event of a conflict between a provision of this law and a provision of another

law, the provisions of this law shall control.

611.2-5. This law is adopted under the authority of the Constitution of the Oneida Nation.

611.3.

Definitions

611.3-1. This section shall govern the definitions of words and phrases as used herein. All words

not defined herein shall be used in their ordinary and everyday sense.

(a) “Comprehensive Housing Division” is the division within the Oneida Nation under the

direction of the Comprehensive Housing Division Director which consists of all residential

services offered by the Nation, including but not limited to, all rental programs, the rentto-own program, and the residential sales and mortgages programs.

(b) “Landlord” means any person or entity within the Nation’s jurisdiction in their 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.

6 O.C. 611 – Page 1

(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, provided that the term may be longer than one (1) year in circumstances

where the contract is on a rent-to-own basis.

(f) “Reservation” means all property within the exterior boundaries of the reservation of

the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566.,

and any lands added thereto pursuant to federal law.

(g) “Rule” means a set of requirements, including citation fees and penalty schedules,

enacted by the Comprehensive Housing Division in accordance with the Administrative

Rulemaking law based on authority delegated in this law in order to implement, interpret

and/or enforce this law

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

rental agreement.

(i) “Tribal member” means an individual who is an enrolled member of the Nation.

(j) “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.

611.4.

Rental Agreement Documents

611.4-1. Severability of Rental Agreement Provisions. The provisions of a rental agreement are

severable. If any provision of a rental agreement is void or unenforceable by reason of any law,

rule, regulation, or judicial order, the invalidity or unenforceability of that provision does not affect

other provisions of the rental agreement that can be given effect without the invalid or

unenforceable provision.

611.4-2. Requirements of Rental Agreements and Terminations. A rental agreement or

termination of a rental agreement is not enforceable unless it meets the requirements of this law

and is in writing.

(a) All rental agreements shall:

(1) Set forth the amount of rent or other consideration provided in exchange for the

ability to use/occupy the premises;

(2) Set forth the required amount of security deposit and require payment of the

security deposit prior to the tenant(s) taking use/occupancy of the premises, if

applicable;

(3) Set the time of commencement and expiration of the rental agreement;

(4) Provide a reasonably definite description of the premises;

(5) If the Nation is the landlord, state that nothing in the agreement may be

considered a waiver of the Nation’s sovereign immunity, provided that tenants may

seek enforcement of a rental agreement or dispute an action taken pursuant to a

rental agreement with the Oneida Judiciary; and

(6) Be signed by both the landlord and the tenant(s) prior to the tenant(s) taking

use/occupancy of the premises;

(A) The rental agreement is not required to be signed by all adults

using/occupying the premises, provided that the rights and responsibilities

contained in the rental agreement do not extend to persons that are not

named as tenants in the rental agreement.

(B) Unless legally separated, if a tenant(s) is married, the landlord shall

require that each spouse sign the rental agreement.

6 O.C. 611 – Page 2

(b) Any provision of a rental agreement that does any of the following is void and

unenforceable.

(1) Allows a landlord to do or threaten to do any of the following because a tenant

has contacted an entity for law enforcement services, health services or safety

services:

(A) Increase rent;

(B) Decrease services;

Termination law; and/or

(D) Refuse to renew a rental agreement.

(2) Except as otherwise provided in this law in regard to domestic abuse, authorizes

the eviction or exclusion of a tenant from the premises other than through the

process described in the Eviction and Termination law.

(3) Requires the tenant to pay attorney’s fees or costs incurred by the landlord in

any legal action or dispute arising under the rental agreement except as supported

by a court order.

(4) States that the landlord is not liable for property damage or personal injury

caused by negligent acts or omissions of the landlord. This subsection does not

affect ordinary maintenance obligations of a tenant under 611.5-3(b) or assumed by

a tenant under a rental agreement or other written agreement between the landlord

and the tenant.

(5) Imposes liability on the tenant for any of the following:

(A) Personal injury arising from causes clearly beyond the tenant’s control.

(B) Property damage caused by natural disasters or by persons other than

the tenant or the tenant’s guests or invitees. This subsection does not affect

ordinary maintenance obligations of a tenant under 611.5-3(b) or assumed

by a tenant under a rental agreement or other written agreement between the

landlord and the tenant.

(6) Waives any obligation on the part of the landlord to deliver the premises in a fit

and habitable condition or to maintain the premises during the tenant’s tenancy.

(7) Allows for periodic tenancy, which for the purposes of this section means when

a tenant uses/occupies a premises without an effective and valid rental agreement

by paying rent on a periodic basis including, but not limited to, day-to-day, weekto-week and month-to-month.

611.4-3. Assignment of Rental Agreements Not Permitted. Assignments of rental agreements

are not permitted under any circumstances.

611.5.

Rights and Duties of Landlords and Tenants

611.5-1. This section governs the rights and duties of the landlord and tenant in the absence of

any inconsistent provision found in a valid rental agreement.

611.5-2. Disposition of Personal Property Left by the Tenant. If the tenant moves from or is

evicted from the premises and leaves personal property, the landlord may presume that the tenant

has abandoned the personal property and may dispose of said property in any manner that the

landlord, in their sole discretion, determines is appropriate, provided that:

(a) The landlord shall hold personal property for a minimum of five (5) business days and

the tenant may retrieve said personal property by contacting the landlord.

6 O.C. 611 – Page 3

(b) The landlord shall keep a written log of the date and the work time that the landlord or

the landlord’s staff expends storing and/or removing personal property and/or

removing/disposing of debris left at the property after the expiration of the timeframe

provided in the order to vacate.

disposition of personal property on Tribal land.

611.5-3. Repairs; Untenability. This section applies to all rental agreements if there is no contrary

provision in writing signed by both parties.

(a) Duties of the Landlord.

(1) Except for repairs made necessary by the negligence of, or improper use of the

premises by the tenant, the landlord has a duty to do all of the following:

(A) Keep in a reasonable state of repair portions of the premises over

which the landlord maintains control.

(B) Keep in a reasonable state of repair all equipment under the landlord’s

control necessary to supply services that the landlord has expressly or

impliedly agreed to furnish to the tenant, such as heat, water, elevator, or

air conditioning.

(D) Except as provided in section 611.5-3(b)(2), repair or replace any

plumbing, electrical wiring, machinery, or equipment furnished with the

premises and no longer in reasonable working condition.

(E) Comply with any laws or rules of the Nation that are applicable to the

premises.

(2) If the premises are part of a building where other parts are occupied by one (1)

or more other tenants, negligence or improper use by one (1) tenant does not

relieve the landlord from the landlord’s duty to make repairs as provided in 611.53(a)(1), provided that the landlord may require the responsible tenant to pay for

such repairs.

(3) A landlord shall disclose to a prospective tenant, before entering into a rental

agreement with or accepting any earnest money or security deposit from the

prospective tenant, any violation of either the Building Code of the Oneida Nation

or the Zoning and Shoreland Protection Ordinance if all of the following apply:

(A) The landlord has actual knowledge of the violation;

(B) The violation affects the dwelling unit that is the subject of the

prospective rental agreement or a common area of the premises;

health or safety; and

(D) The violation has not yet been corrected but the landlord shall correct

the violation prior to the tenant taking occupancy of the premises.

(4) If the premises are damaged by fire, water or other casualty, not the result of

the negligence or intentional act of the landlord, this subsection is inapplicable

and either section 611.5-3(b) or (c) governs.

(5) The landlord is responsible for all required pest control to keep the premises in

a safe and healthy condition, provided that where an infestation has occurred due

to the acts or inaction of the tenant the pest control costs may be assessed against

the tenant.

(b) Duties of the Tenant.

6 O.C. 611 – Page 4

(1) If the premises are damaged, including by an infestation of insects or other

pests, due to the acts or inaction of the tenant, the landlord may elect to allow the

tenant to remediate or repair the damage and restore the appearance of the

premises by redecorating. However, the landlord may elect to undertake the

remediation, repair, or redecoration, and in such case the tenant shall reimburse

the landlord for the reasonable cost thereof; the cost to the landlord is presumed

reasonable unless proven otherwise by the tenant.

(2) The tenant shall keep plumbing, electrical wiring, machinery and equipment

furnished with the premises in reasonable working order.

(3) Tenants shall comply with all laws and rules of the Nation.

other casualty or because of any condition hazardous to health, or if there is a substantial

violation of section 611.5-3(a) materially affecting the health or safety of the tenant, the

tenant may move from the premises unless the landlord promptly repairs, rebuilds or

eliminates the health hazard or the substantial violation of 611.5-3(a) materially affecting

the health or safety of the tenant.

(1) The tenant may also move and terminate the rental agreement if the

inconvenience to the tenant by reason of the nature and period of repair,

rebuilding or elimination would impose undue hardship on the tenant.

(2) If the tenant remains in possession, the landlord shall decrease rent for each

month to the extent the tenant is deprived of the full normal use of the premises.

This subsection does not authorize rent to be withheld in full, if the tenant remains

in possession.

(3) If the tenant justifiably moves out under this subsection, the tenant is not

liable for rent after the premises become untenable and the landlord shall repay

any rent paid in advance apportioned to the period after the premises become

untenable. This subsection is inapplicable if the damage or condition is caused by

negligence or improper use by the tenant.

(4) If the Nation is the landlord, alternative housing shall be provided to the extent

that it is reasonably available.

(d) Check-in sheet. Landlords shall provide all new tenants with a check-in sheet when

the tenant commences their occupancy of the premises that the tenant may use to make

comments, if any, about the condition of the premises. The landlord shall provide the

tenant with seven (7) days from the date the tenant commences their occupancy to

complete the check-in sheet and return it to the landlord. The landlord is not required to

provide the check-in sheet to a tenant upon renewal of a rental agreement.

(e) Notice to Enter Required. The landlord shall provide twenty-four (24) hour written

notice prior to entering the tenant’s premises where notice is required to either be

personally served to the tenant or posted on the premises. A landlord is exempt from this

notice requirement in the case of an emergency welfare check. The basis of a welfare check

may include, but is not limited to the following:

(1) The landlord believes the tenant’s or a child’s wellbeing may be in jeopardy

based on reports of child abuse or neglect, medical concerns, suspicious activity or

other reported information;

(2) The landlord suspects the tenant has abandoned the premises; and/or

(3) The landlord receives notice that the premise’s utilities have been disconnected.

6 O.C. 611 – Page 5

(f) Acts of tenant not to affect rights of landlord. No act of a tenant in acknowledging as

landlord a person other than the tenant's original landlord can prejudice the right of the

original landlord to possession of the premises.

(g) Annual Inspection Required. In the event the tenant renews the rental agreement for

additional terms, the landlord shall, at a minimum, inspect the premises once annually.

611.6.

Domestic Abuse Protections

611.6-1. If a tenant notices the landlord of domestic abuse with of any of the following

documentation, regardless of marital status, the landlord shall change the locks to the premises

and, if the tenant is unmarried, allow the tenant to modify the rental agreement to remove the

domestic abuser:

(a) An injunction order under Wis. Stat. 813.12(4) protecting the tenant from a co-tenant;

(b) An injunction order under Wis. Stat. 813.122 protecting a child of the household from

a co-tenant;

household from a co-tenant, based on the co-tenant’s engaging in an act that would

constitute sexual assault under Wis. Stat. 940.225, 948.02 or 948.025, or stalking under

Wis. Stat. 940.32, or attempting or threatening to do the same;

(d) A condition of release under Wis. Ch. 969 ordering the co-tenant not to contact the

tenant;

(e) A criminal complaint alleging that the co-tenant sexually assaulted the tenant or a child

of the household under Wis. Stat. 940.225, 948.02 or 948.025;

(f) A criminal complaint alleging that the co-tenant stalked the tenant or a child of the

household under Wis. Stat. 940.32; or

(g) A criminal complaint that was filed against the co-tenant as a result of the co-tenant

being arrested for committing a domestic abuse offense against the tenant under Wis. Stat.

968.075.

611.6-2. If a tenant is no longer eligible to maintain the rental agreement upon removing a cotenant domestic abuser from the rental agreement, the landlord shall permit the tenant to remain

on the premises for the longer of either the duration of the rental agreement or ninety (90) days

from the date the rental agreement is modified. If the latter applies, in addition to removing the

co-tenant that is the domestic abuser, the landlord shall also revise the rental agreement to extend

its duration.

611.6-3. The Eviction and Termination law provides tenants that are victims of domestic abuse

with a defense to eviction should the abusers actions be the cause for eviction.

611.7.

Sex Offender Registry

611.7-1. Should a tenant request information about whether any other tenants are required to

obtain information about the sex offender registry and persons registered within the registry by

contacting the department of corrections. The landlord shall include in such notice the appropriate

telephone number and internet site of the department of corrections.

611.8.

Termination of Tenancy at Death of Tenant

611.8-1. If a tenant dies, their tenancy is terminated as follows:

(a) If the deceased tenant was the only household member listed in the rental agreement,

immediately upon the death of the tenant;

6 O.C. 611 – Page 6

(b) If there were additional adult household members aside from the deceased tenant listed

in the household within the rental agreement, then the later of the following, provided that

an adult household member remaining in the unit shall assume the tenancy responsibilities

under the rental agreement:

(1) Six (6) months after the landlord receives notice, is advised, or otherwise

becomes aware of the tenant’s death, provided that any extension beyond the

original term of the agreement requires an amendment or limited term rental

agreement which covers the term of the extension; or

(2) The expiration of the term of the rental agreement.

611.8-2. The deceased tenant or their estate is not liable for any rent after the termination of their

tenancy. A landlord may not contact or communicate with a member of the deceased tenant’s

family for the purpose of obtaining from the family member rent for which the family member has

no liability except that if adult household members remain in the rental unit following the deceased

tenant’s death in accordance with section 611.8-1 or 611.8-4, an adult household member shall

assume the tenancy responsibilities pursuant to the rental agreement.

611.8-3. Nothing in this section relieves another adult tenant of the deceased tenant’s premises

from any obligation under a rental agreement or any other liability to the landlord.

611.8-4. Where the Nation is the landlord, and if the deceased tenant is a Tribal member whose

death renders a co-tenant no longer eligible for a rental agreement based on Tribal member status,

the non-Tribal member tenant may remain in the premises as follows:

(a) If subject to a standard rental agreement (i.e. not on a rent-to-own basis), see section

611.8-1(b) above.

(b) If the rental agreement was on a rent-to-own basis, the remaining non-Tribal member

tenant may remain in the premises for a maximum of six (6) months from the date of the

Tribal member tenant’s death unless the non-Tribal member tenant has a child that is a

Tribal member. In the event the original tenants have a Tribal member child, the nonTribal member tenant may remain in the premises under the rent-to-own agreement so long

as the non-Tribal member tenant either:

(1) Transfers the premises and the rent-to-own agreement to a child of one (1) or

both of the original tenants who is a Tribal member, eighteen years or older, and

agrees to live in the premises; or

(2) Signs an agreement indicating that the premises and the rent-to-own agreement

shall be transferred to a minor Tribal member child when the child is eighteen (18)

years old.

(c) Should the non-Tribal member tenant satisfy the payment requirements of the rent-toown agreement prior to the Tribal member child’s eighteenth (18th) birthday, the rent-toown agreement shall be extended at no additional cost to the tenant and conveyance

postponed until the Tribal member child reaches eighteen (18) years of age and the rentto-own agreement is transferred to the child.

(d) In the event the non-Tribal member tenant either has no children living in the premises

that are Tribal members or declines to the enter the agreement transferring the rent-to-own

agreement to a Tribal member child, the rent-to-own agreement shall be terminated upon

the tenant’s ineligibility to remain in the rent-to-own program and a limited term rental

agreement shall be executed.

611.8-5. Where a landlord is terminating a rental agreement entered on a rent-to-own basis

based on death of a Tribal member tenant, the landlord shall pay the remaining co-tenant all

equity the tenants may have accrued in accordance with the rental agreement.

6 O.C. 611 – Page 7

611.9.

Landlord or Tenant Actions

611.9-1. The Oneida Judiciary is granted jurisdiction to hear complaints filed regarding actions

taken pursuant to this law and/or a rental agreement.

611.9-2. No administrative hearing body, including a board, committee or commission, is

authorized to hear a complaint regarding actions taken pursuant to this law and/or a rental

agreement.

611.9-3. Where the Nation is the landlord, any complaint filed with the judiciary shall name the

Comprehensive Housing Division and the specific program.

611.10. Comprehensive Housing Division Rental Programs

611.10-1. Available Rental Programs. Consistent with available funds, the Comprehensive

Housing Division shall provide residential rental programs for providing housing to the following

types of tenants. The Comprehensive Housing Division shall establish rules naming said programs

and providing the specific requirements and regulations that apply to each program:

(a) Elder Tribal members;

(b) Low-income Oneida tribal members and families; and

611.10-2. Minimum Rental Eligibility Requirements. In order to be eligible for a rental agreement

with CHD, applicants shall meet the following conditions:

(a) Be eighteen (18) years of age at the time of the application;

(b) Have no felony or drug convictions within the past two (2) years from the date of

application, provided that a pardon or forgiveness received pursuant to the Pardon and

Forgiveness law may provide an exception to this condition;

convicted sex offenders;

(d) Meet the income requirements for entering the rental agreement as determined by the

rental program’s governing rules;

(e) Not hold a residential lease with the Nation; and

(f) Meet any other eligibility requirements set by the rental program’s rules, which may

not be less strict than this law, but may be stricter than this law, provided that rules

developed for low-income Tribal members and families:

(1) May not contain eligibility requirements that consider debt owed or evictions

from entities other than the Comprehensive Housing Division; but

(2) May contain eligibility requirements that consider debt owed to utility

providers, provided that eligibility may not be denied for any debt owed to a

utility provider with a past due balance of less than two hundred dollars ($200).

End.

Adopted – BC-10-12-16-C

Emergency Amended – BC-01-25-17-C

Emergency Extension – BC-07-26-17-I

Amended—BC-12-13-17-D

AmendedBC-06-25-25-C

6 O.C. 611 – Page 8

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.