# Oneida Business Committee (2026) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Af6c2ef4f59f05c23 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 1 of 191 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov ~ ONEIDA LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA Business Committee Conference Room - 2nd Floor Norbert Hill Center May 20, 2026 9:00 a.m. I. Call to Order and Approval of the Agenda II. Minutes to be Approved 1. May 6, 2026 LOC Meeting Minutes (pg. 2) III. Current Business 1. Elder Protection Law (pg. 5) 2. Uniform Commercial Code (pg. 58) 3. Eviction and Termination Law Amendments (pg. 134) IV. New Submissions V. Additions VI. Administrative Updates VII. Executive Session VIII. Recess/Adjourn A good mind. A good heart. A strong fire. 2 of 191 Oneida Nation r"\ Oneida Business Committee Legislative Operating Committee GOOODO PO Box 365 • Oneida, WI 54155-0365 ONEIDA Oneida-nsn.gov LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center May 6, 2026 9:00 a.m. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby Metoxen Unexcused: Marlon Skenandore Others Present: Clorissa Leeman, Grace Elliott, Carolyn Salutz, Diane Wilson Others Present on Microsoft Teams: Sarah Miller, Rae Skenandore, Ashley Blaker, Rhiannon Metoxen, Kristal Hill, Fawn Cottrell, Melissa Alvarado, Sarah White, Fawn Billie, Eric Boulanger, Ronald Van Schyndel, Shannon Stone, Amber Vankirk, Tina Jorgensen, Jeremy King I. Call to Order and Approval of the Agenda Jameson Wilson called the May 6, 2026, Legislative Operating Committee meeting to order at 9:02 a.m. Motion by Jennifer Webster to adopt the agenda with one addition – item V.1 Emergency Amendments to the Real Property Law Rule No. 3 - Easements; seconded by Jonas Hill. Motion carried unanimously. II. Minutes to be Approved 1. April 15, 2026 LOC Meeting Minutes Motion by Kirby Metoxen to approve the April 15, 2026, LOC meeting minutes and forward to the Oneida Business Committee; seconded by Jennifer Webster. Motion carried unanimously. III. Current Business 1. Boards, Committees, and Commissions Law Amendments. Motion by Jennifer Webster to approve the public meeting packet and schedule a public meeting for the proposed amendments to the Boards, Committees, and Commissions law to be held on June 11, 2026; seconded by Jonas Hill. Motion carried unanimously. 2. Ten Day Notice Policy Amendments. Motion by Jonas Hill to approve the draft, legislative analysis, and public meeting packet, and schedule a public meeting for the proposed amendments to the Ten Day Notice Policy to be held on June 11, 2026; seconded by Jennifer Webster. Motion carried unanimously. ~ 3. Elder Protection Law. (XJQOQO A good mind. A good heart. A strong fire. Legislative Operating Committee Meeting Minutes of May 6, 2026 Page 1 of 3 ONEIDA 3 of 191 Motion by Jennifer Webster to accept the public comments and the public comment review memorandum and defer to a work meeting for further consideration; seconded by Jonas Hill. Motion carried unanimously. 4. Eviction and Termination Law Amendments. Motion by Jennifer Webster to accept the public comments and the public comment review memorandum and defer to a work meeting for further consideration; seconded by Jonas Hill. Motion carried unanimously. IV. New Submissions 1. Minors Trust General Welfare Assistance Law. Motion by Jonas Hill to add the Minor’s Trust General Welfare Assistance Law to the Active Files List with the all LOC members as the sponsor; seconded by Jennifer Webster. Motion carried unanimously. V. Additions 1. Emergency Amendments to the Real Property Law Rule No. 3 – Easements. Motion by Kirby Metoxen to accept that there is a valid basis for the emergency amendments to the Real Property Law Rule No. 3 – Easements and forward the emergency rule to the Oneida Business Committee; seconded by Jennifer Webster. Jonas Hill abstained. Motion carried. VI. Administrative Updates 1. E-Poll Results: Approval of the Updated Sanctions and Penalties Law Adoption Packet. Motion by Jonas Hill to enter into the record the results of the April 16, 2026, e-poll entitled, Approval of the Updated Sanctions and Penalties Law Adoption Packet; seconded by Kirby Metoxen. Motion carried unanimously. 2. E-Poll Results: Approval of the LOC and LRO FY 2026 Semi-Annual Reports for GTC. Motion by Jonas Hill to Enter into the record the results of the April 30, 2026, e-poll entitled, Approval of the LOC and LRO FY 2026 Semi-Annual Reports for GTC; seconded by Kirby Metoxen. Motion carried unanimously. 3. LOC FY26 Second Quarter Report. Motion by Jonas Hill to approve the LOC Fiscal Year 2026 Second Quarter Report and forward to the Oneida Business Committee; seconded by Kirby Metoxen. Motion carried unanimously. 4. LOC Summer Community Meeting Notice. Motion by Jonas Hill to approve the LOC Community Meeting Notice and schedule a community meeting to be held on June 10, 2026; seconded by Kirby Metoxen. Motion carried unanimously. VII. Executive Session Legislative Operating Committee Meeting Minutes of May 6, 2026 Page 2 of 3 4 of 191 VIII. Adjourn Motion by Kirby Metoxen to adjourn at 10:15 a.m.; seconded by Jonas Hill. Motion carried unanimously. Legislative Operating Committee Meeting Minutes of May 6, 2026 Page 3 of 3 5 of 191 r'\. Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov =DODDDD= ONEIDA Legislative Operating Committee May 20, 2026 Elder Protection Law Submission Date: 1/4/23 LOC Sponsor: Jennifer Webster Public Meeting: N/A Emergency Enacted: N/A Summary: This item was carried over from last term and originally added to the Active Files List on January 4, 2023 at the request of the Governmental Services Division Director for the purpose of developing a law which would protect elders of the Oneida community from abuse, neglect, and exploitation. 10/4/23 LOC: Motion by Jennifer Webster to add the Elder Protection Law to the Active Files List with Jennifer Webster and Marlon Skenandore as the sponsors; seconded by Jonas Hill. Motion carried unanimously. 11/1/23 LOC: Motion by Jonas Hill to approve the Legislative Operating Committee community meeting notice and schedule the community meeting to take place on December 6, 2023; seconded by Jennifer Webster. Motion carried unanimously. 11/27/23: Work Meeting. Present: Jameson Wilson, Jennifer Webster, Marlon Skenandore, Jonas Hill, Clorissa Leeman, Grace Elliott, Fawn Cottrell, Kristal Hill, Maureen Perkins. The purpose of this work meeting was to review the PowerPoint presentation for the December 6th community meeting. 12/6/23: Work Meeting. Present: Jameson Wilson, Jennifer Webster, Marlon Skenandore, Jonas Hill, Kirby Metoxen, Clorissa Leeman, Grace Elliott, Fawn Cottrell, Kristal Hill, Maureen Perkins. The purpose of this work meeting was to run through and practice the presentation for the community meeting. Community Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Jonas Hill, Marlon Skenadore, Clorissa N. Leeman, Grace Elliott, Carolyn Salutz, Fawn Cottrell, Fawn Billie, Kristal Hill, Maureen Perkins, Lori Webster, Leon Webster, Larry Barton, Nancy Barton, Daniel Leyo, John E. Powless III, Carol Silva, Jeanette Ninham, Raeann Skenadore, Gina Powless Buenrostro, Jackie Smith, Rocky Hill, Carole Liggins, Kaylee Schuyler, Trina Schuyler, Quincy Granquist, Dan Webster, Marie Cornelius, Barbara Salutz, Carol Elm, Majorie Stevens, Misty Herzog, Josh, Gerzetich, Ann McCotter, Mitchel Metoxen, Katsi Danforth, Nova Danforth, Bill Gollnick, Bonnie Pigman, Nadine Escamea, Alyssa Perkins, Emma King, Dr. Rosa King, Margaret King, Garth Webster, Daniel Doyen, Mark W. Powless, Kanani Nunies, Ululan Ninies, Beverly DeCoteau, Lexi Sickles, Laura Manthe, Tina Jorgensen, Stephanie Miscavitch VanEvery, Mark A. Powless Sr., and others. The Legislative Operating Committee held a community meeting regarding Page 1 of 5 A good mind. A good heart. A strong fire. 6 of 191 the Elder Protection law, the Oneida Language law, and the Higher Education Scholarship Law. 12/20/23: Work Meeting. Present: Jameson Wilson, Jennifer Webster, Marlon Skenandore, Jonas Hill, Kirby Metoxen, Clorissa Leeman, Grace Elliott, Fawn Cottrell, Kristal Hill, Maureen Perkins. The purpose of this work meeting was to discuss and debrief the December 6th community meeting – such as what went well, what could be improved, and the comments and input received. 10/4/24: Work Meeting. Present: Kelly Mc Andrews, Grace Elliott. The purpose of this meeting was to provide an opportunity for the OLO to share any concerns or preferences they might have regarding the elder protection law with the LRO. 10/7/24: Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby Metoxen, Tina Jorgensen, Sandra Skenandore, Neoma Orsburn, Maureen Perkins, Mark Powless, Kelly Mc Andrews, Fawn Billie, Eric Boulanger, Claudia Skenandore, Carol Liggins, Carrie Lindsey, Jodi Tess, Kristal Hill, Fawn Cottrell, Grace Elliott, Amber Martinez. The purpose of this meeting was to begin discussions on the development of Elder/Vulnerable Adult Protection Law for the Nation. Topics included; identifying what issues the Nation is facing, the intended purpose of the law and how this law can address the issues. 10/18/24 : Work Meeting. Present: Jameson Wilson, Jonas Hill, Marlon Skenandore, Clorissa Leeman, Carolyn Salutz, Kristal Hill, Fawn Billie, Fawn Cottrell, Maureen Perkins, Grace Elliott. The purpose of this meeting was to discuss the intended scope of the Elder Protection law. 11/26/24: Community Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Grace Elliott, Jodi Tess, Eli Metoxen, and eight Oneida elders. The purpose of this meeting was for the LOC to gather feedback from Oneida elders about what topics they would like an elder protection law to address. 12/3/24: Work Meeting. Present: Clorissa Leeman, Tina Jorgenson, Jodi Tess, Kelly McAndrews, Carrie Lindsey, Eric Boulanger, Eli Metoxen, Fawn Billie, Marlon Skenandore. The purpose of this meeting was to review reporting sections from various tribal elder protection laws and discuss which provisions might be appropriate for Oneida. 1/9/25: Work Meeting. Present: Clorissa Leeman, Tina Jorgenson, Jodi Tess, Kelly McAndrews, Carrie Lindsey, Mark Powless, Fawn Billie, Marlon Skenandore. The purpose of this meeting was to review options for how citations might be addressed within an elder protection law. 1/17/25: Work Meeting. Present: Andrea Gage, Grace Elliott. The purpose of this meeting was to collaborate with the new attorney who has previous legal experience practicing elder protection law. 2/3/25: Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Jonas Hill, Clorissa Leeman, Kristal Hill, Maureen Perkins, Grace Elliott, Carolyn Salutz, A good mind. A good heart. A strong fire. ~ Page 2 of 5 ONEIDA 7 of 191 Fawn Billie. The purpose of this work meeting was to select the topics for the March 5th LOC community meeting. The LOC decided the topics to be discussed should include Elder Protection law, Indian Preference in Contracting law amendments, and Hunting, Fishing, and Trapping law amendments. 2/5/25: Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby Metoxen, Marlon Skenandore, Clorissa Leeman, Carolyn Salutz, Grace Elliott. The purpose of this meeting was to review laws of the Nation as they apply to elder protection. 2/18/25: Work Meeting. Present: Tina Jorgensen, Jodi Tess, Shelly Hill, Adriana Chacon, Carrie Lindsey, Mark Powless, Fawn Billie, Clorissa Leeman, Grace Elliott. The purpose of this meeting was to review laws of the Nation as they apply to elder protection. 2/19/25: Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Marlon Skenandore, Clorissa Leeman, Carolyn Salutz, Grace Elliott. The purpose of this meeting is to consider the infrastructure that may support an elder protection law. 3/5/25: Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Metoxen, Clorissa Leeman, Grace Elliott, Carolyn Salutz, Fawn Cottrell, Fawn Billie. The purpose of this work meeting was to review the PowerPoint presentation for the March 19th LOC community meeting. 3/19/25: Community Meeting. Present: The Legislative Operating Committee held a community meeting in the NHC’s cafeteria from 5:30 p.m. through 7:30 p.m. regarding the development of an Elder Protection law. 3/27/25: Work Meeting. Present: Mary Loeffler, Richard Baird, Carrie Lindsey, Layatalati Hill, Jodi Tess, Andrea Gage, Joyce Johnson, Diane Polzak, Claudia Skenandore, Barbra Cornelius, Grace Elliott. The purpose of this meeting was to review information related to investigations conducted based on reports of potential elder abuse. 4/18/25: Work Meeting. Present: Kelly McAndrews, Andrea Gage, Grace Elliott. The purpose of this meeting was to discuss the processes outlined in Oneida Elder Service’s MOUs with the counties for handling elder abuse investigations. 4/24/25: Work meeting. Present: Kelly McAndrews, Andrea Gage, Jodi Tess, Grace Elliott. The purpose of this meeting was to discuss how Oneida is currently handling investigations into elder abuse and what it might be ideal to include in an Elder Protection law. 6/6/25: Work Meeting. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Marlon Skenandore, Kristal Hill, Clorissa Leeman, Carolyn Salutz, Grace Elliott. The purpose of this meeting is to provide an update to the LOC on the status of the Elder Protection law. A good mind. A good heart. A strong fire. Page 3 of 5 ~ ONEIDA 8 of 191 6/12/25: Work Meeting. Present: Eric Boulanger, Ronald King, Jodi Tess, Carrie Lindsey, Andrea Gage, Tina Jorgenson, Kelly McAndrews, Fawn Billie, Grace Elliott. The purpose of this meeting was to review the investigation section of the Elder Protection law and discuss how Oneida Aging and Disability might be empowered to fulfil a more active role. Potential solutions brought forward by the team included hiring additional staff. 7/29/25: Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby Metoxen, Marlon Skenandore, Tina Jorgensen, Mark Powless, Eric Boulanger, Andrea Gage, Carrie Lindsey, Jodi Tess, Grace Elliott. The purpose of this meeting was to discuss multidisciplinary teams and confidentiality. 10/8/25: Work Meeting. Present: Tina Jorgenson, Jodi Tess, Breanna Phillips, Grace Elliott. The purpose of this meeting was to discuss the roles stakeholders would like to see Oneida Aging and Disability and county partners to play in the elder protection process. 11/5/25: Work Meeting. Present: Tina Jorgenson, Carrie Lindsey, Jodi Tess, Breanna Phillips, Grace Elliott, Mark Powless. The purpose of this meeting was to review the draft of elder protection law. 11/21/25: Work Meeting. Present: Grace Elliott, Kelly McAndrews. The purpose of this meeting was to review any questions, concerns, or suggestions from the law office regarding the draft elder protection law. 12/1/25: Work Meeting. Present: Jameson Wilson, Tina Jorgenson, Carrie Lindsey, Jodi Tess, Breanna Phillips, Grace Elliott, Mark Powless. The purpose of this meeting was to review the draft of elder protection law. 12/16/25: Work Meeting. Present: Grace Elliott, Amber Martinez, ONCOA. The purpose of this meeting was for the drafting attorney to provide an update on the development of the Elder Protection Law to ONCOA and listen to any feedback they had. ONCOA expressed strong support for the draft law. 1/26/26: Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Mark Powless, Carrie Lindsey, Eric Boulanger, Tina Jorgenson, Jodi Tess, Breanna Phillips, Kristal Hill, Fawn Cottrell. The purpose of this meeting was to complete a final readthrough of the draft elder protection law and review next steps which include reviewing scenarios for process next Monday, sharing the draft with ONCOA, and presenting the draft to the LOC for initial approval at the next scheduled LOC meeting. 2/2/26: Work Meeting. Present: Tina Jorgenson, Jodi Tess, Mark Powless, Ronald King, Joel Maxam, Grace Elliott. The purpose of this meeting was to review hypothetical elder protection scenarios against the draft Elder Protection law. 2/4/26 LOC: Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Clorissa Leeman, Carolyn Salutz, Grace Elliott. Motion by Jennifer Webster to approve the draft of the Elder A good mind. A good heart. A strong fire. Page 4 of 5 ~ ONEIDA 9 of 191 Protection law with noted change, and direct that a legislative analysis be completed; seconded by Kirby Metoxen. Motion carried unanimously. 3/4/26 LOC: Motion by Jonas Hill to approve the legislative analysis and the public meeting packet for the Elder Protection Law and forward to a public meeting to be held on April 16, 2026; seconded by Kirby Metoxen. Motion carried unanimously. 4/16/26: Public Meeting Held. Present: Jennifer Webster, Jonas Hill, Carolyn Salutz, Grace Elliott, Nancy Barton, Judy Sprangers, Tina Jorgensen, Jodi Tess, Melinda Danforth, Barbra Cornelius, Cathy Metoxen, Mary Loeffler, via Teams Clorissa Leeman, Rae Skenandore, Lisa Duff, Margaret Kruse, Efren Rivera, Melissa Alvarado, Bonnie Pigman, Shad Webster, Michelle Tipple, Diane Wilson, Eric Boulanger, Nacy Barton, Joel Maxam, Alyssa Hudak, Carrie Lindsey, Sarah Miller, Mark Powless, Debra Santiago. Four (4) individuals provided oral comments. 4/23/26: Public Comment Period Closes. Three (3) individuals provided written comments. 5/6/2026 LOC:Motion by Jennifer Webster to accept the public comments and the public comment review memorandum and defer to a work meeting for further consideration; seconded by Jonas Hill. Motion carried unanimously. 5/6/2026: Work Session. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Jennifer Webster, Clorissa Leeman, Carolyn Salutz, Grace Elliott. The purpose of this work session was for the LOC to consider public comments on the Elder Protection law. Next Steps: ▪ Accept the public comment review memorandum with LOC consideration for the proposed Elder Protection law. ▪ Approve the updated legislative analysis and final draft of the Elder Protection law. ▪ Direct the Finance Department to provide the LOC with a fiscal impact statement of the proposed Elder Protection law by June 5, 2026. A good mind. A good heart. A strong fire. Page 5 of 5 ~ ONEIDA 10 of 191 Oneida Nation Legislative Operating Committee Legislative Reference Office PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov TO: FROM: DATE: RE: r'\. =DODDDD= ONEIDA Legislative Operating Committee (LOC) Grace Elliott, Legislative Reference Office, Staff Attorney May 20, 2026 Elder Protection Law: Public Comment Review On April 16, 2026, a public meeting was held regarding the proposed Elder Protection law. Four (4) individuals provided comments during the public meeting. The public comment period was then held open until April 23, 2026. Three (3) individuals submitted comments during the comment period. This memorandum is submitted as a review of the comments received during the public comment period. The public meeting draft, public meeting transcript, and written comments received are attached to this memorandum for review. Comment 1 – Clarifying the Purpose of the Elder Protection Law: 706.1. Purpose and Policy 706.1-1. Purpose. The purpose of this law is to uphold the Nation’s responsibility to honor and protect its elders. This law establishes a process to safeguard elders from harm, including abuse, neglect, self-neglect, and exploitation. This process includes: (a) reporting concerns of abuse, neglect, self-neglect, and exploitation of elders; (b) investigating reports to ensure the safety and well-being of elders; and (c) providing services and support for elders who require protection from abuse, neglect, self-neglect, and exploitation. 706.1-2. Policy. It is the policy of the Nation to honor, respect, and protect its elders. The Nation recognizes that elders possess unique and irreplaceable stores of knowledge, skill, and experience that enhance and enrich the lives of the entire Nation. The interests of the Nation, now and in the future, are advanced when its elders are confident that they are protected from abuse, neglect, self-neglect, and exploitation. In honoring these principles, the Nation embraces Yukwats$staya=ka, which includes: (a) Kahletsyal&sla. The heartfelt encouragement of the best in each of us. (b) Kanolukhw@sla. Compassion, caring, identity, and joy of being. (c) Ka>nikuhli=y%. The openness of the good spirit and mind. (d) Ka>tshatst^sla. The strength of belief and vision as a People. (e) Kalihwi=y%. The use of the good words about ourselves, our Nation, and our future. (f) Twahwahts$laya=ka, which includes: (a) Kahletsyal&sla. The heartfelt encouragement of the best in each of us. (b) Kanolukhw@sla. Compassion, caring, identity, and joy of being. (c) Ka>nikuhli=y%. The openness of the good spirit and mind. (d) Ka>tshatst^sla. The strength of belief and vision as a People. (e) Kalihwi=y%. The use of the good words about ourselves, our Nation, and our future. (f) Twahwahts$laya=ka, which includes: (a) Kahletsyal&sla. The heartfelt encouragement of the best in each of us. (b) Kanolukhw@sla. Compassion, caring, identity, and joy of being. (c) Ka>nikuhli=y%. The openness of the good spirit and mind. (d) Ka>tshatst^sla. The strength of belief and vision as a People. (e) Kalihwi=y%. The use of the good words about ourselves, our Nation, and our future. (f) Twahwahts$laya=ka, which includes: (a) Kahletsyal&sla. The heartfelt encouragement of the best in each of us. (b) Kanolukhw@sla. Compassion, caring, identity, and joy of being. (c) Ka>nikuhli=y%. The openness of the good spirit and mind. (d) Ka>tshatst^sla. The strength of belief and vision as a People. (e) Kalihwi=y%. The use of the good words about ourselves, our Nation, and our future. (f) Twahwahts$laya=ka, includes: (a) Kahletsyal&sla. The heartfelt encouragement of the best in each of us. (b) Kanolukhw@sla. Compassion, caring, identity, and joy of being. (c) Ka>nikuhli=y%. The openness of the good spirit and mind. (d) Ka>tshatst^sla. The strength of belief and vision as a People. (e) Kalihwi=y%. The use of the good words about ourselves, our Nation, and our future. (f) Twahwahts$lay okhale> washakonaht&=tha> Aolihw@=ke they shoo them away – they vanished them – issues EVICTION AND TERMINATION 610.1. Purpose and Policy 610.1-1. Purpose. 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. 610.1-2. Policy. It is the Nation’s policy to provide fair termination and eviction processes that preserves the peace, harmony, safety, health, general welfare, and the Nation’s resources. Nancy Barton (oral): I'll sit down as much as I can. Okay, the first comment that I'll make is regarding Title 6, Property and Land, Chapter 610, formerly known as the Eviction and Termination Law. In the Oneida language, the interpretation means they shoo them away or they vanish them. And so my first comment is, I guess I have, you know, some issues with the interpretation of this law. It looks like you're trying to get rid of people. You know, you want them to go away and you want them to vanish. And how unfortunate. Response The commenter expresses concern regarding the translation provided for the Oneida language title for the Eviction and Termination law. The Oneida language titles of laws and their Oneida to English translation have historically been provided by native Oneida language speakers in the Nation’s Cultural Heritage Department. It is important to note that when translating from the Oneida language to the English language, there is Page 1 of 12 A good mind. A good heart. A strong fire. 140 of 191 often not a direct translation available so the “Oneida to English translation” included is there to provide the reader with a better understanding of the Oneida language that is used. It is important that when looking to interpret the intent law, the reader looks beyond the title and the Oneida translations, and looks at the purpose and policy of the law, as well as generally the whole body of the text included in the Law. For the Eviction and Termination law, its purpose 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. [6 O.C. 610.1-1]. It is the Nation’s policy to provide fair termination and eviction processes that preserves the peace, harmony, safety, health, general welfare, and the Nation’s resources. [6 O.C. 610.1-2]. Overall, the Eviction and Termination law sets out to provide protections for both owners and occupants when navigating the eviction and termination process, and goes beyond just attempting to provide a process to get rid of people as provided for by the commenter. Therefore, there is no revision to the Law recommended based on this comment. LOC Consideration The Legislative Operating Committee agrees that the Oneida language translation into English for the title of the Eviction and Termination law should not be read alone to understand the purpose of the law. Instead, the purpose and policy section at the beginning of the Law provides a brief overview of information, including that it is the purpose of the Eviction and Termination law to provide consistent procedures for terminating a contract and/or evicting an occupant which affords the occupant due process and protects all parties involved. [6 O.C. 610.1-1]. The Legislative Operating Committee agrees that no revision to the Law is needed based on this comment. Comment 2 – General Welfare Assistance Payments Effects on Rental Programs: Nancy Barton (oral): The first comment that I'm going to make is regarding the termination of people's leases when they real when housing Comprehensive Housing realizes that those people are elders and that they received a what they're calling a significant amount of GWA payment and they're including it in their rent. This past week, I had an opportunity to view and witness a letter to an elder. She turned sixty-two (62) years old three and a half (3 ½) years ago. And what they're doing now is calculating her GWA back those three and a half (3 ½) years and increasing her rent. She's on a fixed income. That's why you live in housing. She does not have the financial ability to make up those payments. And so I'm concerned about that. We talked about that many times up here. And why is Comprehensive Housing using that income when they're not supposed to be? The Social Security Office doesn't use it. Many other entities don't use it including the state of Wisconsin when calculating income regarding energy assistance and other public assistance programs. So the reason that I came, one of the reasons that I came here today is to address that issue and how unfortunate that this money was, you know, allocated and was supposed to make our people's lives better, especially our elders and those vulnerable people. And when you use this ~ GDODOO A good mind. A good heart. A strong fire. Page 2 of 12 ONEIDA 141 of 191 money as a punishment financially against them, then I guess that's when I have an issue. And so I'm going to ask the LOC once again to come back with that GWA issue. I'm not sure what you want to call it, but there is a GWA law, and it's been on the books for many years, and I haven't seen it move forward. And what it's doing is punishing and penalizing our most vulnerable people. Response The commenter expresses concern regarding how the Oneida Comprehensive Housing Division is using general welfare assistance provided under approved programs developed in accordance with the Oneida General Welfare law in the calculation of income in regard to the determination of rent. The Eviction and Termination law does not provide for the determination of rent amounts for the various rental programs of the Nation. It is the Landlord Tenant law which 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, and addresses rental agreements and rental programs of the Nation. [6 O.C. 611.1-1, 611.4, 611.10]. Therefore, this comment is outside the scope of the topic for this public meeting. There is no recommended revision to the Law based on this comment. LOC Consideration The Legislative Operating Committee agrees that this comment is outside the scope of the Eviction and Termination law, and therefore there is no revision to the Law needed based on this comment. Comment 3 – Domestic Abuse Defense to Eviction: 610.5. Early Contract Termination 610.5-2. Domestic Abuse Defense to Eviction. An occupant has a valid defense to eviction if they provide that if not for the claimed domestic abuse, which is noticed to the owner with any of the following documentation, there would not be cause for eviction under section 610.5-1: (a) An injunction order under Wis. Stat. 813.12(4) or any other law of the Nation protecting the occupant from a co-occupant; (b) An injunction order under Wis. Stat. 813.122 or any other law of the Nation protecting a child of the occupant from a co-occupant; (c) An injunction order under Wis. Stat. 813.125(4) or any other law of the Nation protecting the occupant or child of the occupant from a co-occupant, based on the cooccupant’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-occupant not to contact the occupant; (e) A criminal complaint alleging that the co-occupant sexually assaulted the occupant or a child of the occupant under Wis. Stat. 940.225, 948.02 or 948.025; ~ GDODOO A good mind. A good heart. A strong fire. Page 3 of 12 ONEIDA 142 of 191 (f) A criminal complaint alleging that the co-occupant stalked the occupant or a child of the occupant under Wis. Stat. 940.32; or (g) A criminal complaint that was filed against the co-occupant as a result of the cooccupant being arrested for committing a domestic abuse offense against the occupant under Wis. Stat. 968.075. Nancy Barton (oral): I also want to comment on page four (4) on line 113, where it says a criminal complaint alleging that the code occupant sexually assaulted a child or the occupant, and it gives the Wisconsin state code. And this is a domestic abuse defense to eviction. And so I'm very concerned about that, that that has been included in there that a person who would even commit these crimes would be eligible to move into comprehensive housing. So that was a concern of mine. Response The commenter cites section 610.5-2 of the Law, which provides a defense to eviction for domestic abuse, and expresses concern that a person who would commit a crime, such as sexual assault against a child, would even be allowed to move into a property owned by the Comprehensive Housing Division. Section 610.5-2 of the Law provides that an occupant has a valid defense to eviction if they provide that if not for the claimed domestic abuse, which is noticed to the owner with documentation, there would not be cause for eviction under section 610.5-1 of the Law. Section 610.5-2(a)-(g) then provides the various documentation for various offenses related to domestic abuse that are allowed to be provided as documentation to the owner. Overall, this provision provides protections to occupants that may be the victim of domestic abuse, in an effort to ensure they have the opportunity to remain in their home even though a crime may have occurred that would have otherwise triggered the potential eviction of that occupant. In regard to the commenter’s concern that an individual who may commit one of the referenced domestic abuse crimes be allowed to live in a property owned by the Oneida Comprehensive Housing Division - it is the Landlord Tenant law, not the Eviction and Termination law that provides the mechanisms for protecting the rights of the landlords and tenants on all land owned by the Nation or Tribal members within the Reservation boundaries, and addresses rental programs of the Nation which will provide and address eligibility requirements. [6 O.C. 611.1-1, 611.10]. It is also important to note that although the Landlord Tenant law and the Comprehensive Housing Division sets forth eligibility requirements for its rental programs, including that a potential tenant 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 – the Comprehensive Housing Division is not omnipresent and cannot predict whether or not a tenant will commit a crime in the future. [6 O.C. 611.10-2(b)]. There is no recommended revision to the Law based on this comment. LOC Consideration A good mind. A good heart. A strong fire. Page 4 of 12 ~ ONEIDA 143 of 191 The Legislative Operating Committee agrees that it is the Landlord Tenant law and the Comprehensive Housing Division that sets forth eligibility requirements for its rental programs, and that the domestic abuse defense provided in the Eviction and Termination law serves a different purpose. Therefore, no revision to the Law is needed based on this comment. Comment 4 – Eviction for Waste: 610.3. Definitions 610.3-1. 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. (p) “Waste” means physical damage or deterioration caused to the premises, whether intentional or negligent. 610.8. Eviction for Waste or Contract Breach other than Rent Payment 610.8-1. The owner may terminate an occupant’s contract if the occupant commits waste or breaches any covenant or condition of the occupant’s contract, other than for payment of rent. 610.8-2. Notice of Termination. In order to terminate the contract, the owner shall give the occupant written notice requiring the occupant to remedy the default or vacate the premises on or before a date at least thirty (30) calendar days after the giving of the notice, and the occupant fails to remedy the default. 610.8-3. Right to Cure. An occupant shall have a right to cure the waste or breach of contract after receiving a notice of termination. An occupant is deemed to be complying with the notice if promptly upon receipt of such notice the occupant and the owner enter into a written agreement to cure that outlines the reasonable steps for the occupant to take and timelines necessary to remedy the default, and the occupant then complies with the agreement, or if damages are adequate protection for the owner and the occupant makes a bona fide and reasonable offer to pay the owner all damages for the occupant’s breach. 610.8-4. Subsequent Violations. If within one (1) year from the giving of any notice for waste or breaching any covenant or condition of the occupant’s contract, the occupant again commits waste or breaches the same or any other covenant or condition of the occupant’s contract, other than for payment of rent, the occupant’s contract is terminated if the owner, prior to the occupant’s remedying the waste or breach, gives the occupant notice to vacate on or before a date at least fourteen (14) calendar days after the giving of the notice. The owner shall not be required to provide an opportunity to cure for a subsequent violation of waste or a breach of contract. Nancy Barton (oral): The other thing that I want to talk about is on page one hundred (100), or I'm sorry, on page six (6), and it's number line 199, 198 and 199. And it's talking about waste and the occupant committing waste. And I've had on several occasions to be able to talk about the waste and the conditions of the homes and the properties on this reservation. And we have a Zoning Department, we have a Shoreline Protection Ordinance that aren't being followed. And those people that are in charge of those entities, I can't give names, but there are departments and there are chains of command, three (3), four (4), sometimes five (5) levels. And when I have attempted to address the issues of mattresses and cars and garbage and batteries on tribal property, I'm not ~ GDODOO A good mind. A good heart. A strong fire. Page 5 of 12 ONEIDA 144 of 191 getting anywhere. So why would you include something that cannot be enforced? I've put my complaints in writing. I've gone to these offices. I've made phone calls and I haven't gotten anywhere with anything. So why would you create a entity that says you don't want waste but you have no way to enforce it. So that was one of another one of those. Response The commenter references section 610.8 of the Law regarding evictions for waste or contract breach other than rent payment, and expresses concern that waste is not currently being addressed or enforced through laws such as the Zoning and Shoreland Protection law. The Law allows an owner to terminate a contract early and evict an occupant due to waste. Section 610.8-1 of the Law provides that the owner may terminate an occupant’s contract if the occupant commits waste or breaches any covenant or condition of the occupant’s contract, other than for payment of rent. [6 O.C. 610.8-1]. Waste is defined as physical damage or deterioration caused to the premises, whether intentional or negligent. [6 O.C. 610.3-1(p)]. The focus of the Eviction and Termination 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. [6 O.C. 610.1-1]. The Eviction and Termination law sets out to provide protections for both owners and occupants when navigating the eviction and termination process. The commenter focuses on the current implementation and enforcement of laws such as the Zoning and Shoreland Protection law. Concerns regarding enforcement of laws such as the Zoning and Shoreland Protection law should be directed to the responsible departments as provided for in those laws. This comment is therefore outside the scope of the topic for this public meeting. There is no recommended revision to the Law based on this comment. LOC Consideration The Legislative Operating Committee agrees that this comment is outside the scope of the Eviction and Termination law for this public meeting, and therefore no revision to the Law is needed based on this comment. Comment 5 – Eviction for Failure to Pay Rent: 610.7. Eviction for Failure to Pay Rents 610.7-1. The owner may terminate an occupant’s contract if an occupant fails to pay any installment of rent when due. 610.7-2. Notice of Termination. In order to terminate the contract, the owner shall give the occupant written notice requiring the occupant to pay rent or vacate on or before a date at least thirty (30) calendar days after the giving of the notice, and if the occupant fails to pay the unpaid rents accordingly. 610.7-3. Right to Cure. An occupant shall have a right to cure the failure to pay rents after receiving a notice of termination. An occupant is deemed to be complying with the notice if ~ GDODOO A good mind. A good heart. A strong fire. Page 6 of 12 ONEIDA 145 of 191 promptly upon receipt of such notice the occupant remedies the default by paying the unpaid rent on or before the specified date in the notice. 610.7-4. Subsequent Violations. If within one (1) year from the giving of any notice for the failure to pay rents, the occupant again fails to pay a subsequent installment of rent on time, the occupant’s contract is terminated if the owner, while the occupant is in default in payment of rent, gives the occupant notice to vacate on or before a date at least fourteen (14) calendar days after the giving of the notice. The owner shall not be required to provide an opportunity to cure for a subsequent violation of unpaid rents. Nancy Barton (oral): The other thing that I want to talk about is on page nine (9), where on page three hundred and thirty-six (336), where a person can be threatened with eviction. And of course, it's almost ninety-nine percent (99%) of the time because of money and the person is given a certain amount of time to make it good and make it right. And I've been involved in many cases, single mothers with children who fall behind because somebody needs glasses, somebody needs tennis shoes, have fallen behind for as little as two and three hundred dollars ($200 and $300) and have been evicted. I have gone to Comprehensive Housing and offered to pay that money. And they said, nope, we're not taking your money. We'll see you in court. When we get to court and the moneys on the table, the person was still evicted for three hundred dollars ($300). And so, you know, a landlord in Green Bay would work with you for three hundred dollars ($300) if you were a single mother with three (3) children. And so how unfortunate that we have become what we become, and we punish our people for three hundred ($300). Response The commenter discusses her concern that an occupant can be evicted for the failure to pay rent, and concern that owners will not work with an occupant to provide an opportunity to address the failure to pay rent. The Law provides that an owner may terminate an occupant’s contract if an occupant fails to pay any installment of rent when due. [6 O.C. 610.7-1]. In order to terminate the contract, the owner is required to give the occupant written notice requiring the occupant to pay rent or vacate on or before a date at least thirty (30) calendar days after the giving of the notice, and if the occupant fails to pay the unpaid rents accordingly. [6 O.C. 610.7-2]. The Law ensures that an owner work with an occupant to rectify a failure to pay rent by providing that an occupant has a right to cure the failure to pay rents after receiving a notice of termination. [6 O.C. 610.7-3]. An occupant is deemed to be complying with the notice if promptly upon receipt of such notice the occupant remedies the default by paying the unpaid rent on or before the specified date in the notice. Id. Due to the fact that the Law ensures that an occupant be provided the right to cure for the failure to pay rent, there is no revision to the Law recommended based on this comment. LOC Consideration The Legislative Operating Committee determined that the Law does address the commenter’s concern and guarantee an occupant’s right to cure for the failure to pay rent, so there is no revision to the Law needed based on this comment. A good mind. A good heart. A strong fire. Page 7 of 12 ~ ONEIDA 146 of 191 Comment 6 – Flood Insurance: Nancy Barton (oral): And, you know, there are currently, I posted a picture about the flooding in Three Sisters, and it wasn't until that post was published that anybody was going to do anything about what was going on over there. My question was, does housing have insurance to cover the stuff inside? I know, do I have, you didn't say I had a certain amount of time. All right, so then I guess I'm done with that one and then I want to talk about the Elder law and I need to get. Response The commenter brings up recent flooding and questions whether the Comprehensive Housing Division has home insurance to cover damaged property. This comment is outside the scope of the topic for this public meeting. Questions regarding insurance should be directed to the Comprehensive Housing Division. There is no recommended revision to the Law based on this comment. LOC Consideration The Legislative Operating Committee agrees this comment is outside the scope of the topic for this public meeting, and therefore no revision to the Law is needed based on this comment. Comment 7 – Halting the Eviction Process: 610.7. Eviction for Failure to Pay Rents 610.7-3. Right to Cure. An occupant shall have a right to cure the failure to pay rents after receiving a notice of termination. An occupant is deemed to be complying with the notice if promptly upon receipt of such notice the occupant remedies the default by paying the unpaid rent on or before the specified date in the notice. 610.8. Eviction for Waste or Contract Breach other than Rent Payment 610.8-3. Right to Cure. An occupant shall have a right to cure the waste or breach of contract after receiving a notice of termination. An occupant is deemed to be complying with the notice if promptly upon receipt of such notice the occupant and the owner enter into a written agreement to cure that outlines the reasonable steps for the occupant to take and timelines necessary to remedy the default, and the occupant then complies with the agreement, or if damages are adequate protection for the owner and the occupant makes a bona fide and reasonable offer to pay the owner all damages for the occupant’s breach. 610.10. Contesting the Contract Termination 610.10-1. Contesting the Termination. The occupant may contest a contract termination by filing a complaint challenging the basis of the eviction with the Oneida Trial Court prior to the termination date provided in the notice. (a) If the occupant contests the termination, the eviction is stayed and the contract may not be terminated without proof to the Oneida Trial Court by the owner by the ~ GDODOO A good mind. A good heart. A strong fire. Page 8 of 12 ONEIDA 147 of 191 greater preponderance of the credible evidence that the termination of the contract was valid under this law. (b) Despite an owner’s satisfaction of the proof requirements, the Oneida Trial Court may, at its discretion, stay an eviction by honoring any alternative agreement regarding pending actions entered into by the occupant and a court of competent jurisdiction pending successful completion of the alternative agreement. Barbara Cornelius (oral): K. With elders, we should get ten (10) minutes. I'm just saying, okay, I don't have nothing specific on one of the, in any of the laws, but in general, I think our laws have to be written more compassionately, with more empathy, and we need to quit following how the state and the federal government produces their laws, because their laws are produced with conflict, a natural conflict to them. There's you against me, me against you. And in our law, and as far as I know, traditionally, that wasn't how we wrote the laws. We didn't write laws to pit me against you or you against me. It should be more empathy. We have to have more empathy. And then I think in the...and the Eviction law, you know, they always say, well, once you're in the eviction process, you can't stop it. You can stop it. You know, a lot of places stop it and stuff, and they should be able to stop it and say, you know, I apologize, I do this, and I'm doing this, and I'm doing all these things to help. And then I think in the, maybe in the Eviction law, you can put something in there or develop a policy where they can work it off. We have all these homes that need work to be completed, and some of it is just simple work that you don't have to have, you know, a certificate or anything. There's a lot of just simple work that we, we could give the tenants to pay off those things so you don't think you're giving them a handout. There's so many people that have that word in their vocabulary called entitlement. And none of this is entitlement. These are all benefits from treaties. This is all stemming from the treaties that are provided by to our nation from the federal government. So I think we should do that. Response The commenter expresses concern regarding the ability to stop an eviction once the process is started, and also recommends that an occupant be allowed to provide manual labor to avoid an eviction. The Eviction and Termination law provides multiple opportunities for a potential early contract termination or eviction to be addressed and halted. Although the Law provides that an owner may terminate an occupant’s contract if the occupant fails to pay any rent when due, or commits waste or breaches any covenant or condition of the occupant’s contract, the Law also requires that the owner provides an opportunity for the occupant to cure their issue that lead to the potential eviction. [6 O.C. 610.7-1. 610.7-3. 610.8-1, 610.8-3.]. In regard to an occupant’s failure to pay rent, the Law requires that an owner work with an occupant to rectify a failure to pay rent by providing that an occupant has a right to cure the failure to pay rents after receiving a notice of termination. [6 O.C. 610.7-3]. An occupant is deemed to be complying with the notice if promptly upon receipt of such notice the occupant remedies the default by paying the unpaid rent on or before the specified date in the notice. Id. A good mind. A good heart. A strong fire. Page 9 of 12 ~ ONEIDA 148 of 191 In regard to an occupant’s waste or breach of contract, the Law requires that an owner work with an occupant to rectify a violation of waste or a breach of contract by providing that an occupant has a right to cure the waste or breach of contract after receiving a notice of termination. [6 O.C. 610.8-3]. An occupant is deemed to be complying with the notice if promptly upon receipt of such notice the occupant and the owner enter into a written agreement to cure that outlines the reasonable steps for the occupant to take and timelines necessary to remedy the default, and the occupant then complies with the agreement, or if damages are adequate protection for the owner and the occupant makes a bona fide and reasonable offer to pay the owner all damages for the occupant’s breach. Id. In addition to the provided opportunities to cure a default, the Law also addresses contesting a contract termination. The Law provides that an occupant may contest a contract termination for any reason by filing a complaint challenging the basis of the eviction with the Oneida Trial Court prior to the termination date provided in the notice. [6 O.C. 610.10-1]. If the occupant contests the termination, the eviction is stayed and the contract may not be terminated without proof to the Oneida Trial Court by the owner by the greater preponderance of the credible evidence that the termination of the contract was valid under this law. [6 O.C. 610.10-1(a)]. Despite an owner’s satisfaction of the proof requirements, the Oneida Trial Court may, at its discretion, stay an eviction by honoring any alternative agreement regarding pending actions entered into by the occupant and a court of competent jurisdiction pending successful completion of the alternative agreement. [6 O.C. 610.10-1(b)]. If an occupant fails to vacate the premises following notice of termination based on eviction, occupant termination, or expiration and non-renewal of a contract, the owner may file an eviction action with the Oneida Trial Court to remove the occupant from possession or occupancy of the premises. [6 O.C. 610.11-3]. If the Oneida Trial Court finds that the termination and eviction occurred in accordance with this law and the owner is entitled to possession, the Oneida Trial Court is required to immediately enter an order for judgment to the owner for the removal of the occupant and their property from the premises. [6 O.C. 610.11-3(g)]. An occupant is allowed to appeal an eviction action with the Oneida Court of Appeals within fifteen (15) days of the entry of judgment or order. [6 O.C. 610.11-3(i)]. Overall, the Eviction and Termination law provides multiple opportunities for the eviction process to be addressed in a manner that may avoid the eviction of an occupant. Therefore, there is no revision recommended to the Law based on this comment. LOC Consideration The Legislative Operating Committee agrees that there are multiple opportunities during the eviction process for the early termination of a contract and eviction to be addressed in a manner that avoids the eviction of an occupant if appropriate, and for that reason no revision to the Law is needed based on this comment. A good mind. A good heart. A strong fire. Page 10 of 12 ~ ONEIDA 149 of 191 Comment 8 – Ease of Evictions: 610.1. Purpose and Policy 610.1-1. Purpose. 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. 610.1-2. Policy. It is the Nation’s policy to provide fair termination and eviction processes that preserves the peace, harmony, safety, health, general welfare, and the Nation’s resources. Cathy Metoxen (oral): In these terminations of leases and stuff, and I'm trying to get a place to live. And I'm hearing people are being kicked out, you know, on a whim. And I don't know what's true and what's not. Maybe they are pedophiles. Maybe they are drug addicts and alcohol functioning alcoholics. They're everywhere. They they do the job at the top and at the bottom. But how do we protect? The true abuse that you're talking about in these laws, because...I don't. I don't see it. I see, I see division. I see, um let's, you know. Response The commenter mentions individuals being evicted on a whim. For purpose of the Eviction and Termination 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. [6 O.C. 610.1-1]. It is the Nation’s policy to provide fair termination and eviction processes that preserves the peace, harmony, safety, health, general welfare, and the Nation’s resources. [6 O.C. 610.1-2]. Overall, the Eviction and Termination law sets out to provide protections for both owners and occupants when navigating the eviction and termination process, and goes beyond just attempting to provide a process to get rid of people as provided for by the commenter. Therefore, there is no revision to the Law recommended based on this comment. LOC Consideration The Legislative Operating Committee strongly believes that the Eviction and Termination law provides protections for both owners and occupants when navigating the eviction and termination process. Additionally, the Legislative Operating Committee wants to highlight that some of the proposed amendments to the Eviction and Termination law provide greater insurance of due process for occupants by utilizing the Judiciary. Under the currently effective law, if an occupant fails to vacate the premises following notice of termination based on eviction, occupant termination or expiration and non-renewal of a contract, the owner – primarily the Comprehensive Housing Division - is allowed to secure and take possession of the premises once the timeframe in the notice of termination has expired by changing the locks. The proposed amendments to the Law now require that if an occupant fails to vacate the premises following notice of termination based on eviction, occupant termination, or expiration and non-renewal of a contract, the owner may file an eviction action with the Oneida Trial Court to remove the occupant from possession or ~ GDODOO A good mind. A good heart. A strong fire. Page 11 of 12 ONEIDA 150 of 191 occupancy of the premises. [6 O.C. 610.11-3]. If the Oneida Trial Court finds that the termination and eviction occurred in accordance with this law and the owner is entitled to possession, the Oneida Trial Court shall immediately enter an order for judgment to the owner for the removal of the occupant and their property from the premises. [6 O.C. 610.11-3(g)]. Utilizing the Oneida Trial Court ensures there is a neutral third party reviewing the actions to ensure the provisions of this Law is being followed. The Legislative Operating Committee believes the Law ensures that evictions are not just happening on a whim, and therefore no revision to the Law is needed based on this comment. Comment 9 – Smoking Policy: Mary Loeffler (oral): Okay. I want to address the Eviction and Termination. I don't have the full, but I do have a comment. Under whatever article it is in the beginning of the policy, where it talks about nuisance activities that are grounds for termination. They list quite a number of examples of nuisance that tenants can report on. Okay. The one that I don't see is the no smoking policy. I have brought that up a couple times that the no smoking policy should really be in place. And I do understand that until it's a law or for the LOC, that is that the reason why it wouldn't be listed as nuisance because smoking in the apartments is a health concern, and...walking up and down the halls is very annoying when all you do is smell cigarette smoke and pot. Okay, so what I'm requesting is...does that language to be included in the Eviction and Termination law, does that go after it becomes and is addressed with the LOC to be put into so that we can put it into the leases? So therefore we can work on enforcement of this no-smoking policy that we have. Um...That’s pretty much all I needed, wanted to address. Response The commenter brings up a desire to have a “No Smoking” policy in leases or rental agreements, and questions whether this can be addressed in the Eviction and Termination law. The Eviction and Termination law allows an owner to terminate a contract prior to the contract term and evict an occupant if the occupant: violates the terms of the contract, violates any applicable law or rule, and/or commits an applicable nuisance activity. [6 O.C. 610.5-1]. It would be up to the contract – either a rental agreement in accordance with the Landlord Tenant law or a lease agreement in accordance with the Leasing law – to set forth the contract terms, such as whether smoking is allowed in or on the property. The Eviction and Termination law just allows the contract to be termination early and an eviction sought if a violation occurs. Therefore, a prohibition of smoking would be best addressed through specific rental or lease agreements. There is no revision to the Law recommended based on this comment. LOC Consideration The Legislative Operating Committee determined that there is no revision to the Law needed based on this comment. ~ GDODOO A good mind. A good heart. A strong fire. Page 12 of 12 ONEIDA 151 of 191 Draft 1(Redline to Current) 2026 05 20 Title 6. Property and Land - Chapter 610 EVICTION AND TERMINATION shakonato=l$he> okhale> washakonaht&=tha> Aolihw@=ke they shoo them away – they vanished them – issues 610.1. 610.2. 610.3. 610.4. 610.5. 610.6. 610.7. 610.8. Purpose and Policy Adoption, Amendment, Repeal Definitions Administrative Rulemaking Authority Early Contract Termination Failure to Vacate Following Notice of Eviction or Contract Expiration Withholding From and Return of Security Deposits Eviction and Termination Actions 6 O.C. 610 – Page 1 152 of 191 Draft 1 (Redline to Current) 2026 05 20 ______________________________________________________________________________ EVICTION AND TERMINATION 610.1. Purpose and Policy 610.2. Adoption, Amendment, Repeal 610.3. Definitions 610.4. Administrative Rulemaking Authority 610.5. Early Contract Termination 610.6. General Notice Requirements for Early Contract Termination 610.7. Eviction for Failure to Pay Rents 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 610.8. Eviction for Waste or Contract Breach other than Rent Payment 610.9. Eviction for Violation of Applicable Law or Rule or Nuisance by Occupant 610.10. Failure to Vacate Following Notice of Eviction or Contract Expiration 610.11. Withholding From and Return of Security Deposits 610.12. Eviction and Termination Actions _____________________________________________________________________________ 610.1. Purpose and Policy 610.1-1. Purpose. The purpose of this law is to provide consistent procedures relating to the Nation’s rental and leasing programs for terminating a contract and/or evicting an occupant which affords the applicantoccupant due process and protects all parties involved. 610.1-2. Policy. It is the Nation’s policy to provide fair termination and eviction processes that preserves the peace, harmony, safety, health, general welfare, and the Nation’s resources. 610.2. Adoption, Amendment, Repeal 610.2-1. This law was adopted by the Oneida Business Committee by resolution BC-10-12-16A. and amended by resolution BC-__-__-__-__. 610.2-2. This law may be amended or repealed by the Oneida Business Committee or the Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 610.2-3. 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. 610.2-4. 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. 610.2-5. This law is adopted under the authority of the Constitution of the Oneida Nation. 610.3. Definitions 610.3-1. 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) “Business day” means Monday through Friday from 8:00 a.m. to 4:30 p.m. and excludes holidays recognized by the Nation. (ab) “Comprehensive Housing Division” means the entity responsible for housing matters specifically related to contracts governed by this law as defined by division within the Oneida Business Committee Resolution.1Nation 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 rent-to-own program, and the residential leasing programs. 1 See BC Resolution 09-27-17-H providing that the Comprehensive Housing Division means 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 rent-to-own program, and the residential sales and mortgages programs. 6 O.C. 610 – Page 2 153 of 191 Draft 1 (Redline to Current) 2026 05 20 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 (bc) “Contract” means either a lease document pursuant to the Leasing law or a rental agreement pursuant to the Landlord-Tenant law. (cd) “Eviction” means to expel an occupant from the premises. (d) “Nation” means the Oneida Nation. (e(e) “Law enforcement agency” means a governmental unit whose purpose is to prevent and detect crime and enforce laws. For the Nation, law enforcement agencies include the Oneida Police Department and the Zoning Administration. (e) “Nation” means the Oneida Nation. (f) “Nuisance” means an occupant’s interference with another occupant’s use and enjoyment of the premises. Nuisance activities include, but are not limited to, allegations of harassment, disorderly conduct, battery, lewd and lascivious behavior, prostitution, theft, possession of stolen property, arson, illegal drug activity, gambling, animal violations, trespassing, weapons violations, habitual noise violations (as defined in the rules which the Land Commission and the Comprehensive Housing Division shall jointly establish),, execution of warrants, alcohol violations, obstruction/resisting, inspection related calls in which a law enforcement agency responds. (fg)“Occupant” means the: (a) a person or entity who has acquired a legal right to use or occupy Tribal land by a lease under the Leasing law, or one who has the right to use or occupy a property under a lease. (b) a person granted the right to use or occupy a premises pursuant to a lease or rental agreement entered into in accordance with the Leasing law or LandlordTenant law respectively.. (gh) “Owner” means: (1) the Nation when the Nation is acting in its capacity as a lessor as defined in the Leasing law or lessee; or (2) 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. (h(i) “Periodic tenancy” means when an occupant uses or occupies a premises without an effective and valid contract by paying rent on a periodic basis including, but not limited to, day-to-day, week-to-week, and month-to-month. (j) “Premises” means the property covered by a contract, including not only the real property and fixtures, but also any personal property furnished by the owner pursuant to a contract. (ik) “Rent” means the sum or amount agreed in the contract to be paid by the occupant to the owner for exclusive possession of the propertypremises for the period of time set by the contract. (j)(l) “Rental value” means the amount for which the premises might reasonably have been rented, but not less than the amount actually paid or payable by the occupant for the prior rental period, and includes the money equivalent of any obligations undertaken by the occupant as part of the contract, such as regular property maintenance and repairs. (m) “Rule” means a set of requirements, including citation fees and penalty schedules, enacted in accordance with the Administrative Rulemaking law based on authority delegated in this law in order to implement, interpret and/or enforce this law. (k)n) “Security Depositdeposit” means a payment made to the owner by the occupant to ensure that payments will be made and other responsibilities of the contract performed. 6 O.C. 610 – Page 3 154 of 191 Draft 1 (Redline to Current) 2026 05 20 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 (l) (o) “Stay of eviction” means the eviction process is temporarily halted. (p) “Waste” means physical damage or deterioration caused to the premises, whether intentional or negligent. 610.4. Administrative Rulemaking Authority 610.4-1. Residential Contracts. The Land Commission and the Comprehensive Housing Division may jointly create rules to further govern the processes contained in this law related to the Nation’s residential contracts. 610.4-2. Agricultural and Business Contracts. The Land Commission and the Division of Land Management may jointly create rules to further govern the processes contained in this law related to the Nation’s agricultural and business contracts. 610.5. Early Contract Termination 610.5-1. Causes for Early Contract Termination. The owner may terminate the contract prior to the contract term and evict the occupant, if the occupant: (a) Violates the terms of the contract; (b) Is alleged to have violatedViolates any applicable law or rule; and/or (c) Is alleged to have committed one or moreCommits an applicable nuisance activitiesactivity. 610.5-2. Domestic Abuse Defense to Eviction. An occupant has a valid defense to eviction if he or she allegesthey provide that if not for the allegedclaimed domestic abuse, which is noticed to the owner with any of the following documentation, there would not be cause for eviction under section 610.5-1: (a) An injunction order under Wis. Stat. 813.12(4) or any other law of the Nation protecting the tenantoccupant from a co-tenantoccupant; (b) An injunction order under Wis. Stat. 813.122 or any other law of the Nation protecting a child of the tenantoccupant from a co-tenantoccupant; (c) An injunction order under Wis. Stat. 813.125(4) or any other law of the Nation protecting the tenantoccupant or child of the tenantoccupant from a co-tenantoccupant, based on the co-tenant’soccupant’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-tenantoccupant not to contact the tenantoccupant; (e) A criminal complaint alleging that the co-tenantoccupant sexually assaulted the tenantoccupant or a child of the tenantoccupant under Wis. Stat. 940.225, 948.02 or 948.025; (f) A criminal complaint alleging that the co-tenantoccupant stalked the tenantoccupant or a child of the tenantoccupant under Wis. Stat. 940.32; or (g) A criminal complaint that was filed against the co-tenantoccupant as a result of the cotenantoccupant being arrested for committing a domestic abuse offense against the tenantoccupant under Wis. Stat. 968.075. 610.5-3. Contrary Provision in the Contract. Except for leases entered into pursuant to the Leasing law, any termination provisions in a contract that are contrary to those provided in this law are invalid. 6 O.C. 610 – Page 4 155 of 191 Draft 1 (Redline to Current) 2026 05 20 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 610.6. General Notice. Requirements for Early Contract Termination 610.6-1. Notice. This section governs the amount of notice required to evict as well as the manner and form of notice required. When an owner provides notice in compliance with these requirements, the occupant is not entitled to possession or use of the premises after the date of the termination provided in the notice.. 610.6-2. Notice Content Requirements. Notices for the early termination of a contract and eviction required to be provided under this law shall include the following information: (a) The violation of law or rule, committing of nuisance, or breach of the contract, with citations to the applicable law, rule, or contract clause; (b) If the notice is pursuant to a failure to pay rents, the current delinquent balance due; (c) If the notice is pursuant to waste or a breach of contract, other than the failure to pay rent: (1) A statement that the occupant has a thirty (30) day period to cure; (2) The date the period to cure expires and the termination becomes effective in the event occupant does not cure; and (3) Potential consequences for failure to cure, which may include, but are not limited to eviction and the assessment of damages against the occupant. (d) Statement that the occupant may request a hearing with the Oneida Trial Court prior to the effective date of the termination provided on the notice, and that, if the occupant timely files for a hearing, there is an automatic stay on the eviction pending the determination of the Oneida Trial Court; and (e) The contact information for the owner or staff available to answer questions and/or hear concerns of the occupant related to the notice. 610.6-3. Notice to Individuals. When providing notice to an occupant that is an individual, the owner shall use both of the following methods: (a) By affixing a copy of the notice on an entrance to the rented or leased premises where it can be conveniently read; and (b) By mailing a copy of the notice by registered or certified mail to the occupant at the occupant’s last−known address. 610.6-4. Notice to Corporations or Partnerships. If notice is to be given to a corporation or partnership, notice shall be given the methods provided for in section 610.6-3. 610.6-5. Notice to One (1) of Several Parties. If there are two (2) or more co-occupants of the same premises, notice given to one (1) is deemed to be given to the others also. 610.6-6. Effect of Actual Receipt of Notice. If notice is not properly given in accordance with this law, but is actually received by the other party, the notice is deemed to be properly given; but the burden is upon the owner alleging actual receipt to prove the fact by clear and convincing evidence. (a) 610.7. Eviction for Failure to Pay Rents. (1) If610.7-1. The owner may terminate an occupant’s contract if an occupant fails to pay any installment of rent when due,. 610.7-2. Notice of Termination. In order to terminate the occupant’s contract is terminated if, the owner givesshall give the occupant written notice requiring the tenantoccupant to pay rent or vacate on or before a date at least thirty (30) calendar days after the giving of the notice, and if the occupant fails to pay the unpaid rents accordingly. (2) If an610.7-3. Right to Cure. An occupant has been given shall have a right to cure the failure to pay rents after receiving a notice under 610.5-3(a)(1) and has paid the of 6 O.C. 610 – Page 5 156 of 191 Draft 1 (Redline to Current) 2026 05 20 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 termination. An occupant is deemed to be complying with the notice if promptly upon receipt of such notice the occupant remedies the default by paying the unpaid rent on or before the specified date, or been permitted by the owner to remain in possession contrary to suchthe notice, and thereafter. 610.7-4. Subsequent Violations. If within one (1) year from the giving of any notice for the failure to pay rents, the occupant again fails to pay a subsequent installment of rent on time within one (1) year of said notice, the occupant’s contract is terminated if the owner, while the occupant is in default in payment of rent, gives the occupant notice to vacate on or before a date at least fourteen (14) calendar days after the giving of the notice. The owner shall not be required to provide an opportunity to cure for a subsequent violation of unpaid rents. (b) 610.8. Eviction for Waste or Contract Breach other than Rent Payment. (1) If an610.8-1. The owner may terminate an occupant’s contract if the occupant commits waste or breaches any covenant or condition of the occupant’s contract, other than for payment of rent,. 610.8-2. Notice of Termination. In order to terminate the occupant’s tenancy is terminated ifcontract, the owner givesshall give the occupant awritten notice requiring the occupant to remedy the default or vacate the premises on or before a date at least thirty (30) calendar days after the giving of the notice, and if the occupant fails to comply with suchremedy the default. 610.8-3. Right to Cure. An occupant shall have a right to cure the waste or breach of contract after receiving a notice. of termination. An occupant is deemed to be complying with the notice if promptly upon receipt of such notice the occupant takesand the owner enter into a written agreement to cure that outlines the reasonable steps for the occupant to take and timelines necessary to remedy the default, and proceedsthe occupant then complies with reasonable diligencethe agreement, or if damages are adequate protection for the owner and the occupant makes a bona fide and reasonable offer to pay the owner all damages for the occupant’s breach. (2) 610.8-4. Subsequent Violations. If within one (1) year from the giving of any notice under 610.5-3(b)(1),for waste or breaching any covenant or condition of the occupant’s contract, the occupant again commits waste or breaches the same or any other covenant or condition of the occupant’s contract, other than for payment of rent, the occupant’s contract is terminated if the owner, prior to the occupant’s remedying the waste or breach, gives the occupant notice to vacate on or before a date at least fourteen (14) calendar days after the giving of the notice. The owner shall not be required to provide an opportunity to cure for a subsequent violation of waste or a breach of contract. (c) 610.9. Eviction for Violation of Applicable Law or Rule or Nuisance by Occupant 610.9-1. The owner may terminate an occupant’s contract based on an allegeda violation of an applicable law or rule, or if the occupant commits a nuisance act. (1) In order for the owner to terminate an occupant’s contract based on this section, the owner must haveviolation of law or rule, or the nuisance act shall be an activity which: (a) threatens the health or safety of, or right to peaceful enjoyment of the premises by, other tenants; (b) threatens the health or safety of, or right to peaceful enjoyment of their residences by, persons residing in the immediate vicinity of the premises; (c) threatens the health or safety of the owner or an agent or employee of the owner; or (d) engages in any drug-related criminal activity on or near the premises. 6 O.C. 610 – Page 6 157 of 191 Draft 1 (Redline to Current) 2026 05 20 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 610.9-2. Notice of Violation. In order to terminate based on this section, it is required that the owner received notice, which may be from, but is not limited to, another occupant, a law enforcement agency or a local government’s office of the district attorney, which reports: (A) a) a violation of an applicable law or rule on behalf of the occupant or another individual in the occupant’s unit, or (B)b) a nuisance that exists in that occupant’s unit or was caused by that occupant on the owner’s propertypremises. 610.9-3. Notice of Termination. In order to terminate the contract, the owner shall give the occupant written notice requiring the occupant to vacate on or before a date at least five (5) calendar days after the giving of the notice. (2) The occupant may contest a termination based on610.9-4. No Right to Cure. The owner shall not be required to provide an occupant an opportunity to cure for a violation of an applicable law or rule or nuisance act. 610.10. Contesting the Contract Termination 610.10-1. Contesting the Termination. The occupant may contest a contract termination by filing a complaint challenging the basis of the eviction with the Oneida Judiciary. (3) If the occupant contests the terminationTrial Court prior to the termination date provided in the notice. (a) If the occupant contests the termination, the eviction is stayed and the contract may not be terminated without proof to the Oneida JudiciaryTrial Court by the owner by the greater preponderance of the credible evidence that the termination of the allegation that a violation of law and/or rule and/or nuisance exists in that occupant’s unit orcontract was caused by that occupantvalid under this law. (4) b) Despite an owner’s satisfaction of the proof requirements in section 610.5(c)(3),, the Oneida JudiciaryTrial Court may, at its discretion, stay an eviction by honoring any alternative agreement regarding pending actions entered into by the occupant and a court of competent jurisdiction pending successful completion of the alternative agreement. (d) Content, Form and Manner of Giving Notice. (1) Notice Content. Notices required to be provided under this law shall include the following: (A) The violation of law and/or rule, committing of nuisance and/or breach of the contract, with citations to the applicable law, rule and/or contract clause; (B) If the notice is pursuant to section 610.5-3(a), the current delinquent balance due; (C) If the notice is pursuant to section 610.5-3(a) or (b): (i) A statement that the occupant has a thirty (30) day period to cure; (ii) The date the period to cure expires and the termination becomes effective in the event occupant does not cure; and (iii) Potential consequences for failure to cure, which may include, but are not limited to eviction and the assessment of damages against the occupant. 6 O.C. 610 – Page 7 158 of 191 Draft 1 (Redline to Current) 2026 05 20 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 (D) If notice is pursuant to section 610.5-3(c), a statement that the occupant may request a hearing with the Oneida Judiciary prior to the effective date of the termination provided on the notice, and that, if the occupant timely files for a hearing, there is an automatic stay on the eviction pending the determination of the Oneida Judiciary; (E) The contact information for the Comprehensive Housing Division staff available to answer questions and/or hear concerns of the occupant related to the notice. (2) Notice to Individuals. When providing notice to an occupant that is an individual, the owner shall use one of the following methods: (A) Giving a copy of the notice personally to the occupant or by leaving a copy at the occupant’s usual place of abode in the presence of some competent member of the occupant’s family at least fourteen (14) years of age, who is informed of the contents of the notice, provided that the owner may request that the notice be personally served to the occupant by the Oneida Police Department; (B) Leaving a copy with any competent person apparently in charge of the premises or occupying the premises or a part thereof, and by mailing a copy by first class mail to the occupant’s last−known address; (C) If notice cannot be given under subsection (A) or (B) with reasonable diligence, by affixing a copy of the notice on an entrance to the rented premises where it can be conveniently read and by mailing a copy by first class mail to the occupant’s last− known address; (D) By mailing a copy of the notice by registered or certified mail to the tenant at the tenant’s last−known address; (E) By serving the occupant as prescribed in the Rules of Civil Procedure for the service of a summons. (3) Notice to Corporations or Partnerships. If notice is to be given to a corporation notice may be given by any method provided in subsection (1) except that notice under subsection (1)(A) may be given only to an officer, director, registered agent or managing agent, or left with an employee in the office of such officer or agent during regular business hours. If notice is to be given to a partnership, notice may be given by any method in subsection (1) except that notice under subsection (1)(A) may be given only to a general partner or managing agent of the partnership, or left with an employee in the office of such partner or agent during regular business hours, or left at the usual place of abode of a general partner in the presence of some competent member of the general partner’s family at least fourteen (14) years of age, who is informed of the contents of the notice. (4) Notice to One (1) of Several Parties. If there are two (2) or more co-occupants of the same premises, notice given to one (1) is deemed to be given to the others also. (5) Effect of Actual Receipt of Notice. If notice is not properly given by one (1) of the methods specified in this section, but is actually received by the other party, the notice is deemed to be properly given; but the burden is upon the owner alleging actual receipt to prove the fact by clear and convincing evidence. 6 O.C. 610 – Page 8 159 of 191 Draft 1 (Redline to Current) 2026 05 20 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 (e) Contrary Provision in the Contract. Except for leases entered into pursuant to the Leasing law, any termination provisions in a contract that are contrary to those provided in this law are invalid. 610.611. Failure to Vacate Following Notice of Eviction or Contract Expiration 610.11-1. Effect of Failure to Vacate. A failure to vacate following notice of termination based on eviction, occupant termination, or expiration and non-renewal of a contract does not in any circumstances, regardless of acceptance of rent payments, create a periodic tenancy. 610.11-2. Damages for Failure to Vacate. If an occupant remains in possession of the premises without consent of the owner after notice of termination based on eviction, occupant termination, or expiration and non-renewal of a contract, the owner may, at the owner’s discretion, recover from the occupant damages suffered by the owner because of the failure of the occupant to vacate within the time required. (a) In absence of proof of greater damages, the owner shall recover as minimum damages twice the rental value apportioned on a daily basis for the time the occupant remains in possession. Nothing in this section prevents the owner from seeking and recovering any other damages to which the owner may be entitled. 610.6-1. Changing11-3. Commencement of Locks and Removal of OccupantEviction Action. If an occupant fails to vacate the premises following notice of termination based on eviction, occupant termination, or expiration and non-renewal of a contract, the owner shall secure and takemay file an eviction action with the Oneida Trial Court to remove the occupant from possession or occupancy of the premises once the timeframe in the notice of termination has expired. (a) Proper Notice for Eviction Action. The Comprehensive Housing Divisionowner’s proof of notice terminating tenancy under this law through certified mail from the United States post office shall contactbe sufficient to establish that proper notice has been provided for the purpose of filing a complaint or otherwise demonstrating that proper notice has been given in an eviction action, and an affidavit of service may not be requested to establish that proper notice has been provided. (b) Acceptance of Rent or Other Payment. If an owner commences an action under this section against an occupant whose occupancy has been terminated for failure to pay rent or for any other reason, the action under this section may not be dismissed because the owner accepts past due rent or any other payment from the occupant after serving notice of default or after commencing the action. (c) No Waiver. It shall not be a defense to an action of eviction or a claim for damages that the owner or occupant has previously waived any violation or breach of any of the terms of the contract including, but not limited to, the acceptance of rent or that a custom or practice occurred or developed between the parties in connection with the contract so as to waive or lessen the right of the owner or occupant to insist upon strict performance of the terms of the contract. (d) Joinder of Other Claims. The owner may join with the claim for restitution of the premises any other claim against the occupant arising out of the occupant’s possession or occupancy of the premises. (e) Complaint. The complaint shall be in writing and identify the parties and the premises which is the subject of the action and state the facts which authorize the removal of the occupant. The description of real property is sufficient, whether or not it is specific, if it 6 O.C. 610 – Page 9 160 of 191 Draft 1 (Redline to Current) 2026 05 20 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 reasonably identifies what is described. A description by street name and number is sufficient. If the complaint relates only to a portion of described real estate, that portion shall be identified. If a claim in addition to the claim for restitution is joined, the claim shall be separately stated. The request for relief in the complaint shall be for the removal of the occupant or the property or both and, if an additional claim is joined, for the other relief sought by the owner. (f) Occupant’s Pleading. The occupant may plead to the complaint orally or in writing, except that if the owner’s title is put in issue by the occupant, the answer shall be in writing and subscribed in the same manner as the complaint. (g) Order for Judgment. In an eviction action, if the Oneida Trial Court finds that the termination and eviction occurred in accordance with this law and the owner is entitled to possession, the Oneida Trial Court shall immediately enter an order for judgment to the owner for the removal of the occupant and their property from the premises. (h) Writ of Removal. At the time of ordering judgment for the removal of the occupant and their property from the premises, the Oneida Trial Court shall immediately order that a writ of removal be issued, and the writ shall be delivered to both the Oneida Police Department to request that an and owner for execution. No writ shall be executed if received by the Oneida Police Officer be Department and owner more than thirty (30) days after its issuance. (i) Appeal. An appeal in an eviction action shall be initiated with the Oneida Court of Appeals within fifteen (15) days of the entry of judgment or order. (1) No appeal by an occupant for an order for judgment for restitution of the premises may stay proceedings on the judgment unless the appellant serves and files with the notice of appeal an undertaking to the owner, in an amount and with surety approved by the judge who ordered the entry of judgment. (2) The undertaking shall provide that the appellant will pay all costs and disbursements of the appeal which may be taxed against the appellant, obey the order of the Oneida Court of Appeals upon the appeal and pay all rent and other damages accruing to the owner during the pendency of the appeal. (3) Upon service and filing of this undertaking, all further proceedings in enforcement of the judgment appealed from are stayed pending the determination of the appeal. (4) Upon service by the appellant of a copy of the notice and appeal and approved undertaking upon the Oneida Police Department holding an issued but unexecuted writ of restitution or of execution, the Oneida Police Department shall promptly cease all further proceedings pending the determination of the appeal. (5) If the occupant fails to pay rent when due, or otherwise defaults in the terms of the undertaking, the payment guaranteed by the undertaking with surety shall be payable immediately to the owner and shall not be held in escrow by the court. (6) Upon the failure of the occupant to pay rent when due, or upon other default by the occupant in the terms of the undertaking, the stay of proceedings shall be dismissed and the Oneida Police Department shall immediately execute the writ of restitution. 610.11-4. Execution of Writ of Removal. Upon delivery of a writ of removal to the Oneida Police Department and the owner, an Oneida Police Department officer and the owner shall execute the writ of removal within ten (10) days of the receipt of the writ. 6 O.C. 610 – Page 10 161 of 191 Draft 1 (Redline to Current) 2026 05 20 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 (a) In executing the writ of removal the Oneida Police Department officer shall: (1) Remove from the premises described in the writ the occupant and all other persons found upon the premises, using such reasonable force as is necessary. (2) Remain on scene while the owner changes the locks are being changedon the premises and secures possession of the premises. (b) (b) In executing the writ of removal the owner shall change the locks on the premises and secure possession of the premises. 610.11-5. Disposal of Personal Property. In the event the occupant has left personal property in the homepremises, the occupant may retrieve the said personal property by contacting the Comprehensive Housing Divisionowner or staff listed on the notice of termination. The Comprehensive Housing DivisionThe owner shall hold personal property for a minimum of five (5) business days, where a business day is Monday through Friday from 8:00 a.m. to 4:30 p.m. and excludes holidays recognized by the Nation. (1. (a) The Comprehensive Housing Divisionowner shall keep a written log of the date and the work time the Comprehensive Housing Division’sowner or owner’s staff expends storing and/or removing personal property and/or removing/disposing of debris left at the premises after the expiration of the timeframe provided in the notice of termination. (2b) The Land Commission and the Comprehensive Housing Division shall jointly create rules further governing the disposition of personal property in relation to the Nation’s residential contracts and the Land Commission and the Division of Land Management shall jointly create rules further governing the disposition of personal property in relation to the Nation’s business and agricultural and business contracts. 610.6-2. Effect of Failure to Vacate. A failure to vacate following notice of termination based on eviction, occupant termination or expiration and non-renewal of a contract does not in any circumstances, regardless of acceptance of rent payments, create a periodic tenancy. For the purposes of this section, a periodic tenancy means when an occupant uses/occupies a premises without an effective and valid contract by paying rent on a periodic basis including, but not limited to, day-to-day, week-to-week and month-to-month. 610.6-3. Damages for Failure to Vacate. If an occupant remains in possession of the premises without consent of the owner after notice of termination based on eviction, occupant termination or expiration and non-renewal of a contract, the owner may, at the owner’s discretion, recover from the occupant damages suffered by the owner because of the failure of the occupant to vacate within the time required. In absence of proof of greater damages, the landlord shall recover as minimum damages twice the rental value apportioned on a daily basis for the time the occupant remains in possession. As used in this section, rental value means the amount for which the premises might reasonably have been rented, but not less than the amount actually paid or payable by the occupant for the prior rental period, and includes the money equivalent of any obligations undertaken by the occupant as part of the contract, such as regular property maintenance and repairs. Nothing in this section prevents the owner from seeking and recovering any other damages to which the owner may be entitled. (c) The owner may recover from the occupant damages suffered by the owner for the storing or removing of personal property, and the removing or disposing of debris left at the premises after the expiration of the timeframe provided in the notice of termination. 6 O.C. 610 – Page 11 162 of 191 Draft 1 (Redline to Current) 2026 05 20 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 610.712. Withholding From and Return of Security Deposits 610.712-1. Applicability. This section applies only to contracts that require a security deposit. 610.712-2. Standard Withholding Provisions. When the owner returns a security deposit to an occupant after the occupant vacates the premises, the owner may withhold from the full amount of the security deposit only amounts reasonably necessary to pay for any of the following: (a) Occupant damage, waste, or neglect of the premises; (b) Unpaid rent for which the occupant is legally responsible; (c) Payment that the tenantoccupant owes under the contract for utility service provided by the owner but not included in the rent; (d) Payment that the tenantoccupant owes for direct utility service provided by a government−owned utility, to the extent that the landlordowner becomes liable for the tenant’soccupant’s nonpayment. (e) Unpaid monthly municipal permit fees assessed against the occupant by a local unit of government, to the extent that the owner becomes liable for the occupant’s nonpayment; and (f) Any other payment for a reason provided in a nonstandard provision document described in 610.711-3. 610.712-3. Nonstandard Withholding Provisions. A contract may include one or more nonstandard withholding provisions that authorize the owner to withhold amounts from the occupant’s security deposit for reasons not specified in 610.711-2(a) through (f). (a) The owner shall provide any such nonstandard withholding provisions to the occupant in a separate written document entitled “Nonstandard Withholding Provisions.” (b) The owner shall specifically identify each nonstandard withholding provision with the occupant before the occupant enters into a contract with the owner. (c) If the occupant signs his or hertheir name, or writes his or hertheir initials, by a nonstandard withholding provision, it is rebuttably presumed that the owner has specifically identified the nonstandard withholding provision with the occupant and that the occupant has agreed to it. 610.712-4. Normal Wear and Tear. This section does not authorize the owner to withhold any amount from a security deposit for normal wear and tear, or for other damages or losses for which the occupant cannot reasonably be held responsible under the terms of the contract, and applicable laws and/or rules of the Nation. 610.712-5. Timing for Return of the Security Deposit. The owner shall deliver or mail to an occupant the full amount of any security deposit paid by the occupant, less any amounts that may be withheld under subsections 610.7-2 and 610.7-3, within thirty (30sixty (60) calendar days after any of the following: (a) If the occupant vacates the premises on the original termination date of the contract, the date on which the contract terminates. (b) If the occupant vacates the premises or is evicted before the original termination date of the contract, the date on which the occupant’s rental agreement terminates or, if the owner re-rents the premises before the occupant’s rental agreement terminates, the date on which the new occupant takes occupancy/use of the premises. (c) If the occupant vacates the premises untimely or is removed from the premises pursuant to 610.6-1an eviction action judgment and writ of restitution, the date on which the owner learns that the occupant has vacated the premises or has been removed from the premises under section 610.6-1. 6 O.C. 610 – Page 12 163 of 191 Draft 1 (Redline to Current) 2026 05 20 491 492 493 494 495 496 497 498 499 500 501 502 503 504 610.813. Eviction and Termination Actions 610.813-1. The Oneida Judiciary is granted jurisdiction to hear complaints filed regarding actions taken pursuant to this law. 610.813-2. 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. 610.8-3. The owner is the Comprehensive Housing Division in regards to taking actions authorized under this law and complaints filed with the Oneida Judiciary shall name the Comprehensive Housing Division and the specific program. End. Adopted – BC-10-12-16-A Amended – BC-__-__-__-__ 6 O.C. 610 – Page 13 164 of 191 Draft 1 2026 05 20 Title 6. Property and Land - Chapter 610 shakonato=l$he> okhale> washakonaht&=tha> Aolihw@=ke they shoo them away – they vanished them – issues EVICTION AND TERMINATION 610.1. Purpose and Policy 610.2. Adoption, Amendment, Repeal 610.3. Definitions 610.4. Administrative Rulemaking Authority 610.5. Early Contract Termination 610.6. General Notice Requirements for Early Contract Termination 610.7. Eviction for Failure to Pay Rents 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 610.8. Eviction for Waste or Contract Breach other than Rent Payment 610.9. Eviction for Violation of Applicable Law or Rule or Nuisance by Occupant 610.10. Failure to Vacate Following Notice of Eviction or Contract Expiration 610.11. Withholding From and Return of Security Deposits 610.12. Eviction and Termination Actions _____________________________________________________________________________ 610.1. Purpose and Policy 610.1-1. Purpose. 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. 610.1-2. Policy. It is the Nation’s policy to provide fair termination and eviction processes that preserves the peace, harmony, safety, health, general welfare, and the Nation’s resources. 610.2. Adoption, Amendment, Repeal 610.2-1. This law was adopted by the Oneida Business Committee by resolution BC-10-12-16A and amended by resolution BC-__-__-__-__. 610.2-2. This law may be amended or repealed by the Oneida Business Committee or the Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 610.2-3. 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. 610.2-4. 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. 610.2-5. This law is adopted under the authority of the Constitution of the Oneida Nation. 610.3. Definitions 610.3-1. 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) “Business day” means Monday through Friday from 8:00 a.m. to 4:30 p.m. and excludes holidays recognized by the Nation. (b) “Comprehensive Housing Division” means 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 rent-to-own program, and the residential leasing programs. (c) “Contract” means either a lease document pursuant to the Leasing law or a rental agreement pursuant to the Landlord-Tenant law. (d) “Eviction” means to expel an occupant from the premises. 6 O.C. 610 – Page 1 165 of 191 Draft 1 2026 05 20 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 (e) “Law enforcement agency” means a governmental unit whose purpose is to prevent and detect crime and enforce laws. For the Nation, law enforcement agencies include the Oneida Police Department and the Zoning Administration. (e) “Nation” means the Oneida Nation. (f) “Nuisance” means an occupant’s interference with another occupant’s use and enjoyment of the premises. Nuisance activities include, but are not limited to, allegations of harassment, disorderly conduct, battery, lewd and lascivious behavior, prostitution, theft, possession of stolen property, arson, illegal drug activity, gambling, animal violations, trespassing, weapons violations, habitual noise violations, execution of warrants, alcohol violations, obstruction/resisting, inspection related calls in which a law enforcement agency responds. (g) “Occupant” means: (a) a person or entity who has acquired a legal right to use or occupy Tribal land by a lease under the Leasing law, or one who has the right to use or occupy a property under a lease. (b) a person granted the right to use or occupy a premises pursuant to a rental agreement in accordance with the Landlord-Tenant law. (h) “Owner” means: (1) the Nation when the Nation is acting in its capacity as a lessor as defined in the Leasing law or lessee; or (2) 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. (i) “Periodic tenancy” means when an occupant uses or occupies a premises without an effective and valid contract by paying rent on a periodic basis including, but not limited to, day-to-day, week-to-week, and month-to-month. (j) “Premises” means the property covered by a contract, including not only the real property and fixtures, but also any personal property furnished by the owner pursuant to a contract. (k) “Rent” means the sum or amount agreed in the contract to be paid by the occupant to the owner for exclusive possession of the premises for the period of time set by the contract. (l) “Rental value” means the amount for which the premises might reasonably have been rented, but not less than the amount actually paid or payable by the occupant for the prior rental period, and includes the money equivalent of any obligations undertaken by the occupant as part of the contract, such as regular property maintenance and repairs. (m) “Rule” means a set of requirements, including citation fees and penalty schedules, enacted in accordance with the Administrative Rulemaking law based on authority delegated in this law in order to implement, interpret and/or enforce this law. (n) “Security deposit” means a payment made to the owner by the occupant to ensure that payments will be made and other responsibilities of the contract performed. (o) “Stay of eviction” means the eviction process is temporarily halted. (p) “Waste” means physical damage or deterioration caused to the premises, whether intentional or negligent. 610.4. Administrative Rulemaking Authority 610.4-1. Residential Contracts. The Comprehensive Housing Division may create rules to further govern the processes contained in this law related to the Nation’s residential contracts. 6 O.C. 610 – Page 2 166 of 191 Draft 1 2026 05 20 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 610.4-2. Agricultural and Business Contracts. The Division of Land Management may create rules to further govern the processes contained in this law related to the Nation’s agricultural and business contracts. 610.5. Early Contract Termination 610.5-1. Causes for Early Contract Termination. The owner may terminate the contract prior to the contract term and evict the occupant, if the occupant: (a) Violates the terms of the contract; (b) Violates any applicable law or rule; and/or (c) Commits an applicable nuisance activity. 610.5-2. Domestic Abuse Defense to Eviction. An occupant has a valid defense to eviction if they provide that if not for the claimed domestic abuse, which is noticed to the owner with any of the following documentation, there would not be cause for eviction under section 610.5-1: (a) An injunction order under Wis. Stat. 813.12(4) or any other law of the Nation protecting the occupant from a co-occupant; (b) An injunction order under Wis. Stat. 813.122 or any other law of the Nation protecting a child of the occupant from a co-occupant; (c) An injunction order under Wis. Stat. 813.125(4) or any other law of the Nation protecting the occupant or child of the occupant from a co-occupant, based on the cooccupant’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-occupant not to contact the occupant; (e) A criminal complaint alleging that the co-occupant sexually assaulted the occupant or a child of the occupant under Wis. Stat. 940.225, 948.02 or 948.025; (f) A criminal complaint alleging that the co-occupant stalked the occupant or a child of the occupant under Wis. Stat. 940.32; or (g) A criminal complaint that was filed against the co-occupant as a result of the cooccupant being arrested for committing a domestic abuse offense against the occupant under Wis. Stat. 968.075. 610.5-3. Contrary Provision in the Contract. Except for leases entered into pursuant to the Leasing law, any termination provisions in a contract that are contrary to those provided in this law are invalid. 610.6. General Notice Requirements for Early Contract Termination 610.6-1. Notice. This section governs the manner and form of notice required. When an owner provides notice in compliance with these requirements, the occupant is not entitled to possession or use of the premises after the date of the termination provided. 610.6-2. Notice Content Requirements. Notices for the early termination of a contract and eviction required to be provided under this law shall include the following information: (a) The violation of law or rule, committing of nuisance, or breach of the contract, with citations to the applicable law, rule, or contract clause; (b) If the notice is pursuant to a failure to pay rents, the current delinquent balance due; (c) If the notice is pursuant to waste or a breach of contract, other than the failure to pay rent: 6 O.C. 610 – Page 3 167 of 191 Draft 1 2026 05 20 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 (1) A statement that the occupant has a thirty (30) day period to cure; (2) The date the period to cure expires and the termination becomes effective in the event occupant does not cure; and (3) Potential consequences for failure to cure, which may include, but are not limited to eviction and the assessment of damages against the occupant. (d) Statement that the occupant may request a hearing with the Oneida Trial Court prior to the effective date of the termination provided on the notice, and that, if the occupant timely files for a hearing, there is an automatic stay on the eviction pending the determination of the Oneida Trial Court; and (e) The contact information for the owner or staff available to answer questions and/or hear concerns of the occupant related to the notice. 610.6-3. Notice to Individuals. When providing notice to an occupant that is an individual, the owner shall use both of the following methods: (a) By affixing a copy of the notice on an entrance to the rented or leased premises where it can be conveniently read; and (b) By mailing a copy of the notice by registered or certified mail to the occupant at the occupant’s last−known address. 610.6-4. Notice to Corporations or Partnerships. If notice is to be given to a corporation or partnership, notice shall be given the methods provided for in section 610.6-3. 610.6-5. Notice to One (1) of Several Parties. If there are two (2) or more co-occupants of the same premises, notice given to one (1) is deemed to be given to the others also. 610.6-6. Effect of Actual Receipt of Notice. If notice is not properly given in accordance with this law, but is actually received by the other party, the notice is deemed to be properly given; but the burden is upon the owner alleging actual receipt to prove the fact by clear and convincing evidence. 610.7. Eviction for Failure to Pay Rents 610.7-1. The owner may terminate an occupant’s contract if an occupant fails to pay any installment of rent when due. 610.7-2. Notice of Termination. In order to terminate the contract, the owner shall give the occupant written notice requiring the occupant to pay rent or vacate on or before a date at least thirty (30) calendar days after the giving of the notice, and if the occupant fails to pay the unpaid rents accordingly. 610.7-3. Right to Cure. An occupant shall have a right to cure the failure to pay rents after receiving a notice of termination. An occupant is deemed to be complying with the notice if promptly upon receipt of such notice the occupant remedies the default by paying the unpaid rent on or before the specified date in the notice. 610.7-4. Subsequent Violations. If within one (1) year from the giving of any notice for the failure to pay rents, the occupant again fails to pay a subsequent installment of rent on time, the occupant’s contract is terminated if the owner, while the occupant is in default in payment of rent, gives the occupant notice to vacate on or before a date at least fourteen (14) calendar days after the giving of the notice. The owner shall not be required to provide an opportunity to cure for a subsequent violation of unpaid rents. 610.8. Eviction for Waste or Contract Breach other than Rent Payment 610.8-1. The owner may terminate an occupant’s contract if the occupant commits waste or breaches any covenant or condition of the occupant’s contract, other than for payment of rent. 6 O.C. 610 – Page 4 168 of 191 Draft 1 2026 05 20 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 610.8-2. Notice of Termination. In order to terminate the contract, the owner shall give the occupant written notice requiring the occupant to remedy the default or vacate the premises on or before a date at least thirty (30) calendar days after the giving of the notice, and the occupant fails to remedy the default. 610.8-3. Right to Cure. An occupant shall have a right to cure the waste or breach of contract after receiving a notice of termination. An occupant is deemed to be complying with the notice if promptly upon receipt of such notice the occupant and the owner enter into a written agreement to cure that outlines the reasonable steps for the occupant to take and timelines necessary to remedy the default, and the occupant then complies with the agreement, or if damages are adequate protection for the owner and the occupant makes a bona fide and reasonable offer to pay the owner all damages for the occupant’s breach. 610.8-4. Subsequent Violations. If within one (1) year from the giving of any notice for waste or breaching any covenant or condition of the occupant’s contract, the occupant again commits waste or breaches the same or any other covenant or condition of the occupant’s contract, other than for payment of rent, the occupant’s contract is terminated if the owner, prior to the occupant’s remedying the waste or breach, gives the occupant notice to vacate on or before a date at least fourteen (14) calendar days after the giving of the notice. The owner shall not be required to provide an opportunity to cure for a subsequent violation of waste or a breach of contract. 610.9. Eviction for Violation of Applicable Law or Rule or Nuisance by Occupant 610.9-1. The owner may terminate an occupant’s contract based on a violation of an applicable law or rule, or if the occupant commits a nuisance act. In order for the owner to terminate an occupant’s contract based on this section, the violation of law or rule, or the nuisance act shall be an activity which: (a) threatens the health or safety of, or right to peaceful enjoyment of the premises by, other tenants; (b) threatens the health or safety of, or right to peaceful enjoyment of their residences by, persons residing in the immediate vicinity of the premises; (c) threatens the health or safety of the owner or an agent or employee of the owner; or (d) engages in any drug-related criminal activity on or near the premises. 610.9-2. Notice of Violation. In order to terminate based on this section, it is required that the owner received notice from a law enforcement agency or a local government’s office of the district attorney which reports: (a) a violation of an applicable law or rule on behalf of the occupant or another individual in the occupant’s unit, or (b) a nuisance that exists in that occupant’s unit or was caused by that occupant on the owner’s premises. 610.9-3. Notice of Termination. In order to terminate the contract, the owner shall give the occupant written notice requiring the occupant to vacate on or before a date at least five (5) calendar days after the giving of the notice. 610.9-4. No Right to Cure. The owner shall not be required to provide an occupant an opportunity to cure for a violation of an applicable law or rule or nuisance act. 6 O.C. 610 – Page 5 169 of 191 Draft 1 2026 05 20 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 610.10. Contesting the Contract Termination 610.10-1. Contesting the Termination. The occupant may contest a contract termination by filing a complaint challenging the basis of the eviction with the Oneida Trial Court prior to the termination date provided in the notice. (a) If the occupant contests the termination, the eviction is stayed and the contract may not be terminated without proof to the Oneida Trial Court by the owner by the greater preponderance of the credible evidence that the termination of the contract was valid under this law. (b) Despite an owner’s satisfaction of the proof requirements, the Oneida Trial Court may, at its discretion, stay an eviction by honoring any alternative agreement regarding pending actions entered into by the occupant and a court of competent jurisdiction pending successful completion of the alternative agreement. 610.11. Failure to Vacate Following Notice of Eviction or Contract Expiration 610.11-1. Effect of Failure to Vacate. A failure to vacate following notice of termination based on eviction, occupant termination, or expiration and non-renewal of a contract does not in any circumstances, regardless of acceptance of rent payments, create a periodic tenancy. 610.11-2. Damages for Failure to Vacate. If an occupant remains in possession of the premises without consent of the owner after notice of termination based on eviction, occupant termination, or expiration and non-renewal of a contract, the owner may, at the owner’s discretion, recover from the occupant damages suffered by the owner because of the failure of the occupant to vacate within the time required. (a) In absence of proof of greater damages, the owner shall recover as minimum damages twice the rental value apportioned on a daily basis for the time the occupant remains in possession. Nothing in this section prevents the owner from seeking and recovering any other damages to which the owner may be entitled. 610.11-3. Commencement of Eviction Action. If an occupant fails to vacate the premises following notice of termination based on eviction, occupant termination, or expiration and non-renewal of a contract, the owner may file an eviction action with the Oneida Trial Court to remove the occupant from possession or occupancy of the premises. (a) Proper Notice for Eviction Action. The owner’s proof of notice terminating tenancy under this law through certified mail from the United States post office shall be sufficient to establish that proper notice has been provided for the purpose of filing a complaint or otherwise demonstrating that proper notice has been given in an eviction action, and an affidavit of service may not be requested to establish that proper notice has been provided. (b) Acceptance of Rent or Other Payment. If an owner commences an action under this section against an occupant whose occupancy has been terminated for failure to pay rent or for any other reason, the action under this section may not be dismissed because the owner accepts past due rent or any other payment from the occupant after serving notice of default or after commencing the action. (c) No Waiver. It shall not be a defense to an action of eviction or a claim for damages that the owner or occupant has previously waived any violation or breach of any of the terms of the contract including, but not limited to, the acceptance of rent or that a custom or practice occurred or developed [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Af6c2ef4f59f05c23. Public record. Not legal advice.