Phone: (920)869-2214
Tribal code
Ask Donna
What actually matters in this document.
Text
Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution # 07-08-26-J
Amendments to the Eviction and Termination Law
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Eviction and Termination law (“the Law”) was adopted by the Oneida Business
Committee through resolution BC-10-12-16-A; and
WHEREAS,
the purpose of this Law is to provide consistent procedures for terminating a contract and/or
evicting an occupant which affords the occupant due process and protects all parties
involved; and
WHEREAS,
the amendments to the Law add or revise the definition for Comprehensive Housing
Division, law enforcement agency, occupant, owner, periodic tenancy, rental value, and
stay of eviction; and
WHEREAS,
the amendments to the Law expand who qualifies as an owner under the law from just the
Comprehensive Housing Division on behalf of the Nation to the Nation when the Nation is
acting in its capacity as a lessor as defined in the Leasing law or lessee; or the Nation or
any person or entity within the Nation’s jurisdiction acting in its capacity as a landlord as
defined in the Landlord Tenant law; and
WHEREAS,
the amendments to the Law revise the delegation of administrative rulemaking authority
provided under this Law for the Nation’s residential, agricultural, and business contracts;
and
WHEREAS,
the amendments to the Law remove the terms “alleged” and “allegations” throughout the
Law; and
WHEREAS,
the amendments to the Law revise how notice of an early contract termination or eviction
is provided to individuals and corporations or partnerships; and
WHEREAS,
the amendments to the provide that an occupant shall have a right to cure for a failure to
pay rent, but is not guaranteed that right to cure for subsequent violations; and
BC Resolution # 07-08-26-J
Amendments to the Eviction and Termination Law
Page 2 of 3
WHEREAS,
the amendments to the Law clarify an occupant’s right to cure for instances of waste or
contract breach by providing steps for remedying this type of breach, and also providing
that the right to cure is not guaranteed for subsequent violations; and
WHEREAS,
the amendments to the Law clarify what types of offenses qualify as a violation of law or
rule or nuisance activity; and
WHEREAS,
the amendments to the Law revise who is allowed to notice an owner of a violation of law
or rule or nuisance activity; and
WHEREAS,
the amendments to the Law clarify that an owner is not required to provide an occupant an
opportunity to cure for a violation of an applicable law or rule or nuisance act; and
WHEREAS,
the amendments to the Law clarify and expand when an individual may contest a contract
termination; and
WHEREAS,
the amendments to the Law revise how an occupant’s failure to vacate following the notice
of eviction or a contract expiration is handled by an owner; and
WHEREAS,
the amendments to the Law expand the amount of time allowed for an owner to return a
security deposit to an occupant from thirty (30) days to sixty (60) days; and
WHEREAS,
the amendments to the Law make other minor drafting revisions and broad organizational
changes; and
WHEREAS,
the Legislative Operating Committee developed the proposed amendments to the Law
through collaboration with representatives from the Comprehensive Housing Division,
Land Management, Oneida Police Department, Oneida Law Office, and the CEO of Nation
Services; and
WHEREAS,
in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact
statement were completed for the proposed amendments to the Law; and
WHEREAS,
the Legislative Operating Committee held a public meeting on the proposed amendments
to the Law on April 16, 2026, where four (4) individuals provided public comments during
this public meeting, and the public comment period was then held open until April 23, 2026,
where no individuals provided written comments during this public comment period; and
WHEREAS,
the Legislative Operating Committee reviewed and considered all public comments
received on May 6, 2026; and
WHEREAS,
beyond the requirements of the Legislative Procedures Act, the Legislative Operating
Committee also held three (3) community outreach events in which the Eviction and
Termination law amendments were included as a topic for discussion for the community;
and
NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the amendments
to the Eviction and Termination law, which shall become effective on July 22, 2026.
BC Resolution # 07-08-26-J
Amendments to the Eviction and Termination Law
Page 3 of 3
BE IT FINALLY RESOLVED, the Comprehensive Housing Department and Land Management shall review
the Eviction and Termination Law Rule No. 1 – Disposal of Abandoned Personal Property and make any
revisions to the Rule deemed necessary to comply with these adopted amendments to the Eviction and
Termination law.
CERTIFICATION
I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida
Business Committee is composed of 9 members of whom 5 members constitute a quorum; 6 members
were present at a meeting duly called, noticed and held on the 8th day of July, 2026; that the forgoing
resolution was duly adopted at such meeting by a vote of 5 members for, 0 members against, and 0
members not voting*; and that said resolution has not been rescinded or amended in any way.
____________________________
Lisa Liggins, Secretary
Oneida Business Committee
*According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie."
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.