Phone: (920)869-2214

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # 06-25-25-C

Amendments to the Landlord Tenant Law

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Landlord Tenant Law (“the Law”) was adopted by the Oneida Business Committee

through resolution BC-10-12-16-C, and amended by resolution BC-12-13-17-D; and

WHEREAS,

the purpose of this Law is to provide mechanisms for protecting the rights of the landlords

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

Reservation boundaries; and

WHEREAS,

the amendments to the Law expand the scope of the law to include all land owned by the

Nation or members of the Nation within the Reservation boundaries instead of only to the

Nation’s rental programs; and

WHEREAS,

the amendments to the Law expand the Nation’s policy of providing a fair process to

landlords and tenants of the Nation’s rental programs to include all residents of the Nation;

and

WHEREAS,

the amendments to the Law expand the definition of landlord to include any person or

entity within the Nation’s jurisdiction, instead of limiting it to the Nation acting in its

capacity as the landlord; and

WHEREAS,

the amendments to the Law redefine “rule” to grant rulemaking authority solely to the

Comprehensive Housing Division instead of jointly to the Land Commission and the

Comprehensive Housing Division; and

WHEREAS,

the amendments to the Law remove rulemaking authority over applicant selection for the

issuance of rental agreements from both the Land Commission and the Comprehensive

Housing Division; and

WHEREAS,

the amendments to the Law organize the law to flow from general to specific in

accordance with the Legislative Procedures Act; and

BC Resolution 06-25-25-C

Amendments to the Landlord Tenant Law

Page 2 of 3

WHEREAS,

the amendments to the Law clarify that rental agreements shall state that nothing in the

agreement may be considered a waiver of the Nation’s sovereign immunity when the

Nation is acting in its capacity as a landlord; and

WHEREAS,

the amendments to the Law clarify that all landlords or their staff must keep a written log

of the date and the work time expended storing and/or removing personal property and/or

removing debris left at the property after the expiration of the timeframe provided in the

order to vacate; and

WHEREAS,

the amendments to the Law remove language applying any section of this law to leases;

and

WHEREAS,

the amendments to the Law clarify that a landlord may bring an action for eviction when it

is authorized by the Eviction and Termination law based on contacts with an entity for law

enforcement services, health services, or safety; and

WHEREAS,

the amendments to the Law provide that when the Nation is the landlord, and a property

has become untenable due to damage by fire, water or other casualty, or because of any

condition hazardous to health, or if there is a substantial violation of 611.5-3(a) materially

affecting the health and safety of the tenant, alternative housing shall be provided if it is

reasonably available; and

WHEREAS,

the amendments to the Law Expand protections provided to a child of a tenant to a child

of the household when the landlord is presented with documentation of any of the

following:

 An injunction order under Wis. Stat. 813.122 protecting a child from a co-tenant;

 An injunction order or criminal complaint filed under Wis. Stat. 813.125(4) protecting

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

constitute sexual assault under Wis. Stat. 940.225, 948.02 and 948.025;

 A criminal complaint filed under Wis. Stat. 940.32 alleging the co-tenant stalked the

child. [6 O.C. 611.6-1(b), (c), (e), and (f)]; and

WHEREAS,

the Legislative Operating Committee developed the proposed amendments to the Law

through collaboration with representatives from the Comprehensive Housing Division,

Land Management, Oneida Law Office, General Manager; and

WHEREAS,

in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact

statement were completed for the proposed amendments to the Law; and

WHEREAS,

the Legislative Operating Committee held a public meeting on the proposed amendments

to the Law on March 14, 2025, with no individuals providing oral comments, and the

public comment period for the amendments to this Law was held open until March 21,

2025, with one (1) individual providing written comments; and

BC Resolution 06-25-25-C

Amendments to the Landlord Tenant Law

Page 3 of 3

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the amendments

to the Landlord Tenant Law, which shall become effective on June 25, 2025.

CERTIFICATION

I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida

Business Committee is composed of 9 members of whom 5 members constitute a quorum; 9 members

were present at a meeting duly called, noticed and held on the 25th day of June, 2025; that the forgoing

resolution was duly adopted at such meeting by a vote of 8 members for, 0 members against, and 0

members not voting*; and that said resolution has not been rescinded or amended in any way.

____________________________

Lisa Liggins, Secretary

Oneida Business Committee

*According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie."