ST. CROIX CHIPPEWA INDIANS OF WISCONSIN (2025)

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ST. CROIX CHIPPEWA INDIANS OF WISCONSIN

TITLE 9

CHAPTER 1

HOUSING AUTHORITY ORDINANCE

Resolution No. 12.01.2025.02

Legislative History:

Established on September 14, 1966 via Resolution No. 09-14-66

Amended on October 4, 1976 via Resolution No. 10-04-76

Amended on March 3, 2003 via Resolution No. 03-04-03-01

Amended on September 16, 2022 via Resolution No. 09-16-2022-01

Amended on December 1, 2025 via Resolution No. 12.01.2025.02

HOUSING AUTHORITY ORDINANCE

PREAMBLE

This Ordinance is enacted pursuant to the Constitution and Bylaws of the St. Croix Chippewa

Indians of Wisconsin. Article IV of the Constitution and Bylaws provides that the St. Croix

Council (the “Tribal Council”) is the governing body of the St. Croix Chippewa Indians of

Wisconsin and Article V, Section (f) grants the Tribal Council authority to regulate its own

procedure, to appoint boards or committees, and to delegate to such subordinate agencies such

powers as may be necessary in the performance of the duties assigned to them, reserving the

right to review any action taken by virtue of such delegated power.

Pursuant to this inherent sovereign authority, the Tribal Council hereby establishes a public

body known as the St Croix Chippewa Housing Authority (hereinafter referred to as the

Housing Authority), and enacts this ordinance which shall establish the purposes, powers and

duties of the Housing Authority. In any suit, action or proceeding involving the validity or

enforcement of or relating to any of its contracts, the Housing Authority shall be conclusively

deemed to have become established and authorized to transact business and exercise its

powers upon proof of the adoption of this ordinance. A copy of this ordinance duly certified

by the Secretary/Treasurer of the Tribal Council shall be admissible in evidence in any suit,

action or proceedings.

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Housing Ordinance

HOUSING AUTHORITY ORDINANCE

TABLE OF CONTENTS

ARTICLE I – GENERAL PROVISIONS ..................................................................................... 6

9 S.C.T.C. § 01.01(1) Title ........................................................................................................................ 6

9 S.C.T.C. § 01.01(2) Authority ................................................................................................................ 6

9 S.C.T.C. § 01.01(3) Declaration of Need ............................................................................................... 6

9 S.C.T.C. § 01.01(4) Purpose .................................................................................................................. 7

9 S.C.T.C. § 01.01(5) Territorial Applicability ......................................................................................... 7

9 S.C.T.C. § 01.01(6) Effective Date ........................................................................................................ 7

9 S.C.T.C. § 01.01(7) Interpretation.......................................................................................................... 7

9 S.C.T.C. § 01.01(8) Severability and Non-Liability .............................................................................. 8

9 S.C.T.C. § 01.01(9) Specific Non-Liability ........................................................................................... 8

9 S.C.T.C. § 01.01(10) Relation to Other Laws ........................................................................................ 8

9 S.C.T.C. § 01.01(11) Repeal of Inconsistent Ordinances ...................................................................... 9

ARTICLE II – DEFINITIONS ..................................................................................................... 9

9 S.C.T.C. § 01.02(1) Definitions ............................................................................................................. 9

ARTICLE III – GENERAL ......................................................................................................... 21

9 S.C.T.C. § 01.03(1) Housing Authority ............................................................................................... 21

9 S.C.T.C. § 01.03(2) Obligations........................................................................................................... 24

9 S.C.T.C. § 01.03(3) Board of Commissioners and Tribal Council Liaison ......................................... 26

9 S.C.T.C. § 01.03(4) Miscellaneous ...................................................................................................... 28

9 S.C.T.C. § 01.03(5) Cooperation in Connection with Projects ............................................................ 29

9 S.C.T.C. § 01.03(6) Relation to Federal Law....................................................................................... 30

ARTICLE IV – ADMINISTRATIVE PROCEDURES .............................................................. 30

9 S.C.T.C. § 01.04(1) Personnel Policy and Procedures ......................................................................... 30

9 S.C.T.C. § 01.04(2) Property and Procurement Policy and Procedures............................................... 31

9 S.C.T.C. § 01.04(3) Travel Policy and Procedures .............................................................................. 33

9 S.C.T.C. § 01.04(4) Fiscal Policy and Procedures ............................................................................... 33

9 S.C.T.C. § 01.04(5) Investment Policy ................................................................................................ 33

ARTICLE V – REPORTING REQUIREMENTS ...................................................................... 36

9 S.C.T.C. § 01.05(1) Purpose ................................................................................................................ 36

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9 S.C.T.C. § 01.05(2) Reporting Responsibilities ................................................................................... 36

ARTICLE VI – HOUSING COURT ........................................................................................... 36

9 S.C.T.C. § 01.06(1) Housing Court Division ....................................................................................... 36

9 S.C.T.C. § 01.06(2) Full Faith and Credit ............................................................................................ 37

9 S.C.T.C. § 01.06(3) Jurisdiction over Housing Matter ........................................................................ 37

9 S.C.T.C. § 01.06(4) Parties .................................................................................................................. 37

9 S.C.T.C. § 01.06(5) Discovery ............................................................................................................. 38

9 S.C.T.C. § 01.06(6) Informal Disposition ............................................................................................ 38

9 S.C.T.C. § 01.06(7) Accelerated Proceedings ...................................................................................... 39

9 S.C.T.C. § 01.06(8) Right of Access to Records.................................................................................. 39

ARTICLE VII – ADMISSION AND OCCUPANCY ................................................................. 39

9 S.C.T.C. § 01.07(1) Rules and Regulations ......................................................................................... 39

9 S.C.T.C. § 01.07(2) Purpose ................................................................................................................ 39

9 S.C.T.C. § 01.07(3) Special Rules Pertaining to the LIHTC ............................................................... 39

9 S.C.T.C. § 01.07(4) Application Fraud ................................................................................................ 40

9 S.C.T.C. § 01.07(5) Eligibility for Admission ..................................................................................... 40

9 S.C.T.C. § 01.07(6) Ineligibility for Admission .................................................................................. 40

9 S.C.T.C. § 01.07(7) Dependents .......................................................................................................... 42

9 S.C.T.C. § 01.07(8) Application Procedure ......................................................................................... 42

9 S.C.T.C. § 01.07(9) Notice to Applicants ............................................................................................ 43

9 S.C.T.C. § 01.07(10) Waiting List Eligibility ...................................................................................... 43

9 S.C.T.C. § 01.07(11) Waiting List Ranking......................................................................................... 43

9 S.C.T.C. § 01.07(12) Waiting List Placement...................................................................................... 44

9 S.C.T.C. § 01.07(13) Unit (Bedroom) Size .......................................................................................... 44

9 S.C.T.C. § 01.07(14) Waiting List Updates ......................................................................................... 44

9 S.C.T.C. § 01.07(15) Renewal ............................................................................................................. 44

9 S.C.T.C. § 01.07(16) Selection Procedure ........................................................................................... 44

9 S.C.T.C. § 01.07(17) Pre-Admission Requirements ............................................................................ 45

9 S.C.T.C. § 01.07(18) Tenant Financial Obligations and Responsibilities ........................................... 46

9 S.C.T.C. § 01.07(19) Terms and Conditions of Occupancy ................................................................ 48

9 S.C.T.C. § 01.07(20) Compliance ........................................................................................................ 53

9 S.C.T.C. § 01.07(21) Compliance Procedures ..................................................................................... 54

9 S.C.T.C. § 01.07(22) Post Occupancy ................................................................................................. 55

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ARTICLE VIII – COLLECTION AND COMPLIANCE POLICY ........................................... 56

9 S.C.T.C. § 01.08(1) Purpose ................................................................................................................ 56

9 S.C.T.C. § 01.08(2) Collection Notice Timetable ................................................................................ 56

9 S.C.T.C. § 01.08(3) Collection or Non-compliance Remedies ............................................................ 57

9 S.C.T.C. § 01.08(4) Payment Arrangements........................................................................................ 58

9 S.C.T.C. § 01.08(5) Counseling ........................................................................................................... 59

9 S.C.T.C. § 01.08(6) Vacancy Without Notice...................................................................................... 59

ARTICLE IX – EVICTIONS....................................................................................................... 59

9 S.C.T.C. § 01.09(1) Purpose ................................................................................................................ 59

9 S.C.T.C. § 01.09(2) Eviction Rules and Regulations ........................................................................... 59

9 S.C.T.C. § 01.09(3) Grounds for Eviction ........................................................................................... 60

9 S.C.T.C. § 01.09(4) Notice to Quit Requirements ............................................................................... 60

9 S.C.T.C. § 01.09(5) Notice to Quit Service ......................................................................................... 61

9 S.C.T.C. § 01.09(6) Pre-Eviction Options ........................................................................................... 62

9 S.C.T.C. § 01.09(7) General Eviction Procedure ................................................................................. 62

9 S.C.T.C. § 01.09(8) Computation of Time........................................................................................... 68

9 S.C.T.C. § 01.09(9) Immediate Evictions ............................................................................................ 68

9 S.C.T.C. § 01.09(10) Immediate Eviction Notice to Quit Requirements............................................. 70

9 S.C.T.C. § 01.09(11) Immediate Evictions Notice to Quit Service ..................................................... 71

9 S.C.T.C. § 01.09(12) Immediate Evictions Removal of Tenant(s) ...................................................... 71

9 S.C.T.C. § 01.09(13) Immediate Evictions Removal of Tenant Property ........................................... 72

9 S.C.T.C. § 01.09(14) Immediate Eviction Procedure .......................................................................... 72

ARTICLE X – HOUSING REHABILITATION AND CONSTRUCTION STANDARDS ..... 73

9 S.C.T.C. § 01.10(1) Purpose ................................................................................................................ 73

9 S.C.T.C. § 01.10(2) Scope.................................................................................................................... 73

9 S.C.T.C. § 01.10(3) Uniform Dwelling Code ...................................................................................... 73

9 S.C.T.C. § 01.10(4) Building Inspector ............................................................................................... 73

ARTICLE XI – MAINTENANCE POLICIES AND PROCEDURES ...................................... 73

9 S.C.T.C. § 01.11(1) Purpose ................................................................................................................ 73

9 S.C.T.C. § 01.11(2) Maintenance Responsibilities .............................................................................. 74

9 S.C.T.C. § 01.11(3) Maintenance Requests and Priorities ................................................................... 74

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9 S.C.T.C. § 01.11(4) Methamphetamine Use in Units .......................................................................... 76

9 S.C.T.C. § 01.11(5) Failure to Perform Maintenance Responsibilities................................................ 77

9 S.C.T.C. § 01.11(6) Charges for Maintenance ..................................................................................... 78

9 S.C.T.C. § 01.11(7) Structural Changes ............................................................................................... 78

ARTICLE XII – INSPECTIONS ................................................................................................ 78

9 S.C.T.C. § 01.12(1) Pre-occupancy (move-in) Inspections ................................................................. 78

9 S.C.T.C. § 01.12(2) Move-out Inspections .......................................................................................... 78

9 S.C.T.C. § 01.12(3) Annual Inspections .............................................................................................. 79

9 S.C.T.C. § 01.12(4) Property and Equipment Inspections ................................................................... 79

9 S.C.T.C. § 01.12(5) Warranty Inspections, New Construction ............................................................ 79

9 S.C.T.C. § 01.12(6) Unscheduled (Emergency) Inspections ............................................................... 79

9 S.C.T.C. § 01.12(7) Inspection Video Recording Procedures ............................................................. 80

ARTICLE XIII – RELOCATION POLICY ................................................................................ 80

9 S.C.T.C. § 01.13(1) Purpose ................................................................................................................ 80

9 S.C.T.C. § 01.13(2) Project Planning ................................................................................................... 81

9 S.C.T.C. § 01.13(3) Project Implementation........................................................................................ 81

9 S.C.T.C. § 01.13(4) Schedule of Eligible Costs ................................................................................... 81

9 S.C.T.C. § 01.13(5) Waiving Rights .................................................................................................... 82

9 S.C.T.C. § 01.13(6) Grievance/Appeals ............................................................................................... 83

9 S.C.T.C. § 01.13(7) Recordkeeping Requirements .............................................................................. 83

9 S.C.T.C. § 01.13(8) Relocation Procedures ......................................................................................... 83

ARTICLE XIV – GRIEVANCE POLICY ................................................................................... 86

9 S.C.T.C. § 01.14(1) Purpose ................................................................................................................ 86

9 S.C.T.C. § 01.14(2) Settlement of Grievance ...................................................................................... 86

9 S.C.T.C. § 01.14(3) Grievance Hearing Procedure .............................................................................. 87

9 S.C.T.C. § 01.14(4) Grievance Hearing Decision ................................................................................ 88

9 S.C.T.C. § 01.14(5) Effect of Grievance Hearing Decision ................................................................. 89

9 S.C.T.C. § 01.14(6) Exclusions of Eviction Related Grievances......................................................... 89

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ARTICLE I – GENERAL PROVISIONS

9 S.C.T.C. § 01.01(1) Title

This Ordinance shall be known as the St. Croix Chippewa Indians of Wisconsin Housing

Authority Ordinance (the “St. Croix Housing Ordinance”).

9 S.C.T.C. § 01.01(2) Authority

This Ordinance is enacted pursuant to the Constitution and Bylaws of the St. Croix Chippewa

Indians of Wisconsin. Article IV of the Constitution and Bylaws provides that the St. Croix

Council (the “Tribal Council”) is the governing body of the St. Croix Chippewa Indians of

Wisconsin and Article V, Section (f) grants the Tribal Council authority to regulate its own

procedure, to appoint boards or committees, and to delegate to such subordinate agencies such

powers as may be necessary in the performance of the duties assigned to them, reserving the

right to review any action taken by virtue of such delegated power.

9 S.C.T.C. § 01.01(3) Declaration of Need

It is hereby declared:

(a) That there exists on the Reservation unsanitary, unsafe, and overcrowded dwelling

accommodations;

(b) That there is a shortage of decent, safe and sanitary dwelling accommodations which

persons of low income can afford, and that such shortage forces such persons to occupy

unsanitary, unsafe and overcrowded dwelling accommodations;

a menace to health, safety, morals and welfare; and that these conditions necessitate

excessive and disproportionate expenditures of public funds for crime prevention and

punishment, public health and safety protection, fire and accident prevention, and other

public services and facilities;

(d) That the shortage of decent, safe and sanitary dwellings for persons of low income cannot

be relieved through the operation of private enterprise;

(e) That the providing of decent, safe and sanitary dwelling accommodations for persons of

low income are public uses and purposes for which money may be spent and private

property acquired and are governmental functions of Tribal concern;

(f) There is a lack of available financial assistance through conventional lending

institutions for those individuals and families with poor or no credit, and or a lack of

financial resources, for those individuals and families that desire to become homeowners;

(g) That residential construction activity and a supply of acceptable affordable housing are

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important factors to general economic activity, and that the undertakings authorized by

this ordinance to aid the production of better housing and more desirable neighborhood and

community development at lower costs will make possible a more stable and larger

volume of residential construction and a housing supply which will assist materially in

achieving full employment; and

(h) That the necessity in the public interest for the provisions hereinafter enacted is hereby

declared as a matter of legislative determination.

9 S.C.T.C. § 01.01(4) Purpose

The Tribe shall provide adequate and affordable housing and housing services to low- and

moderate- income Indian families and individuals within the Reservation and any other area served

by the Tribe. The Housing Authority shall remain sensitive to the cultural goals of the Tribe.

Housing shall be provided in safe and healthy environments in compliance with the requirements,

rules, and regulations of the Native American Housing Assistance and Self-determination Act of

1996. The Housing Authority shall provide these services in an impartial and efficient manner.

The Housing Authority shall be operated for the purpose of:

(a) Remedying unsafe and unsanitary housing conditions that are injurious to the public

health, safety and morals;

(b) Alleviating the acute shortage of decent, safe and sanitary dwellings for persons of low

income;

improvement, extension, alteration or repair and operation of low-income dwellings.

9 S.C.T.C. § 01.01(5) Territorial Applicability

This ordinance shall govern the housing activities of the Housing Authority pursuant to the

provisions of this ordinance within St Croix Reservation lands as well as off-reservation lands

under the jurisdiction and purview of the Tribe.

9 S.C.T.C. § 01.01(6) Effective Date

This Ordinance shall be effective on upon the accompanying resolution date adopted by the

Tribal Council of the St. Croix Chippewa Indians of Wisconsin.

9 S.C.T.C. § 01.01(7) Interpretation

The provisions of this Ordinance:

(a) Shall be interpreted and applied as minimum requirements applicable to the Housing

Authority activities subject to this Ordinance;

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(b) Shall be liberally construed in favor of the Tribe;

(d) Shall be interpreted to be in accordance with tribal customary law. Whenever there is

uncertainty or a question as to the interpretation of certain provisions of this ordinance,

tribal law and custom shall be controlling, and where appropriate, may be based on the

written or oral testimony of a qualified tribal elder, tribal historian, or tribal

representative. If the traditions and customs of the Tribe are inconclusive in any matter,

the Court may use tribal law, federal law or the State law for guidance.

9 S.C.T.C. § 01.01(8) Severability and Non-Liability

If any section, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a

court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.

The Tribe further asserts immunity on its part and that of its employees and / or agents from any

action or damages that may occur as a result of enforcement of this Ordinance.

9 S.C.T.C. § 01.01(9) Specific Non-Liability

No liability shall attach to the Tribal Court, the Housing Director, the tribal attorney, or any

person acting under the or authority of any of them, for statements, acts, or omissions made in

good faith while in the course of activities taken under this Ordinance.

9 S.C.T.C. § 01.01(10) Relation to Other Laws

(a) Applicable Law. Unless affected or displaced by this ordinance, principles of law and

equity in the common law of the Tribe and tribal customs and traditions are applicable,

and the general principles of law of any other Tribe or any other state may be used as a

guide to supplement and interpret this ordinance.

(b) Other Applicable Laws. Additional tribal and federal laws may apply with regard to tribal

housing and governmental housing laws and regulations.

ii.

Tribal Law. To the extent that this ordinance may conflict with tribal laws or

ordinances which have been enacted to comply with statutes or regulations of any

agency of the United States, such tribal laws or ordinances shall govern over the

provisions of this Code if it has specific applicability and it is clearly in conflict

with the provisions of this Code.

Federal Law. Where a conflict may appear between this ordinance and any

statute, regulation, or agreement of the United States, the federal law shall govern

if it has specific applicability and if it is clearly in conflict with the provisions of

this Code.

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iii.

State Law. To the extent that the laws of any state may be applicable to the

subject matter of this ordinance, such laws shall be read to be advisory and not

directly binding and shall not govern the relations of the parties.

9 S.C.T.C. § 01.01(11) Repeal of Inconsistent Ordinances

All prior ordinances, policies and resolutions inconsistent with this ordinance are hereby repealed.

To the extent that this ordinance imposes greater restrictions than those contained in any other

tribal law, code, ordinance or regulation, the provisions of this ordinance shall govern.

ARTICLE II – DEFINITIONS

9 S.C.T.C. § 01.02(1) Definitions

For purpose of this Ordinance, except where otherwise specifically provided, or where the

context otherwise requires, the following definitions shall apply:

(a)

“Abandonment” means the absence from the premises for three consecutive weeks

without notification in writing to the Housing Authority;

(b)

“Action, Suit or Lawsuit, Claim, Complaint or Defense” shall include any dispute

between persons or entities which relates to the sale, rental, use, lease or occupancy of any

housing, dwelling, premises or accommodation for human occupancy, including claims

for the payment of monies for such housing, dwellings, premises or accommodations,

damages to such units, condition of such units or the relationships between owners and

occupants of such units, including the right to occupy them;

(c)

“Adjusted Income” means the annual income that remains after the following deductions.

In no case shall the deductions exceed household income:

ii.

iii.

Youth and Students and Persons with Disabilities. $480 for each member of the

family residing in the household (other than the head of household or the spouse

of the head of the household:

1. Who is under 18 years of age; or

2. Who is 18 years of age or older and a person with a disability or a fulltime student.

Elderly or Disabled Families. $400 for an elderly or disabled head or co-head of

household.

Medical and Attendant Expenses. The amount by which 3 percent of the annual

income of the family is exceeded by the aggregate of:

1. Medical expenses, in the case of an elderly or disabled family; and

2. Reasonable attendant care and auxiliary apparatus expenses for each

family member who is a person with disabilities, to the extent necessary to

enable any member of the family (including a member who is a person

with a disability) to be employed.

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iv.

vi.

vii.

Child Care Expenses. Verified out-of-pocket childcare expenses, to the extent

necessary, to enable another member of the family to be employed or to further

his or her education.

Earned Income of Minors. The amount of any earned income of any member of the

family who is less than 18 years of age.

Excess Travel Expenses. Excessive travel expenses (travel more than 25 miles)

not to exceed $25 per family per week, for employment and/or education related

travel.

Child Support. Financial obligations paid to another household for the support of

minor children.

(d)

“Adult Person” means any person 18 years of age or older.

(e)

“Affected Persons” means the Tenant who is subject to the provisions of this

ordinance, and the Tribe by the Housing Authority.

(f)

“Annual Income” or “Income” as defined in 24 CFR § 5.609 means the following:

ii.

Annual income means all amounts, monetary or not, which:

1. Go to, or on behalf of, the family head or spouse (even if temporarily

absent) or to any other family member;

2. Are anticipated to be received from a source outside the family during the

12-month period following admission or annual reexamination effective

date; and which are not specifically excluded in subs. (f) (iii) below; or

3. Annual income derived (during the 12-month period) from assets to which

any member of the family has access.

Annual income includes, but is not limited to:

1. The full amount, before any payroll deductions, of wages and salaries,

overtime pay, commissions, fees, tips and bonuses, and other

compensation for personal services;

2. The net income from the operation of a business or profession.

Expenditures for business expansion or amortization of capital

indebtedness shall not be used as deductions in determining net income. An

allowance for depreciation of assets used in a business or profession may

be deducted, based on straight line depreciation, as provided in Internal

Revenue Service regulations. Any withdrawal of cash or assets from the

operation of a business or profession will be included in income, except to

the extent the withdrawal is reimbursement of cash or assets invested in

the operation by the family;

3. Interest, dividends, and other net income of any kind from real or personal

property. Expenditures for amortization of capital indebtedness shall not

be used as deductions in determining net income. An allowance for

depreciation is permitted only as authorized in subs. (f) (ii) (2) above. Any

withdrawal of cash or assets from an investment will be included in

income, except to the extent the withdrawal is reimbursement of cash or

assets invested by the family. Where the family has net family assets in

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iii.

excess of $5,000, annual income shall include the greater of the actual

income derived from all net family assets or a percentage of the value of

such assets based on the current passbook savings rate, as determined by

HUD;

4. The full amount of periodic amounts received from Social Security,

annuities, insurance policies, retirement funds, pensions, disability or

death benefits, and other similar types of periodic receipts, including a

lump-sum amount or prospective monthly amounts for the delayed start of

a periodic amount (except as provided in subs. (f) (iii) (15), below);

5. Payments in lieu of earnings, such as unemployment and disability

compensation, worker’s compensation and severance pay (except as

provided in subs. (6) (c) (iii), below);

6. Welfare assistance payments.

a. Welfare assistance payments made under the Temporary

Assistance for Needy Families (TANF) program are included in

annual income only to the extent such payments:

(i)

Qualify as assistance under the TANF program definition at

45 CFR § 260.31; and

(ii)

Are not otherwise excluded under subs. (f) (iii), below.

b. If the welfare assistance payment includes an amount specifically

designated for shelter and utilities that is subject to adjustment by

the welfare assistance agency in accordance with the actual cost of

shelter and utilities, the amount of welfare assistance income to be

included as income shall consist of:

(i)

The amount of the allowance or grant exclusive of the

amount specifically designated for shelter or utilities; plus

(ii)

The maximum amount that the welfare assistance agency

could in fact allow the family for shelter and utilities. If the

family’s welfare assistance is ratably reduced from the

standard of need by applying a percentage, the amount

calculated under this paragraph shall be the amount resulting

from one application of the percentage.

7. Periodic and determinable allowances, such as alimony, child support

payments, permanent kinship care payments, and regular contributions of

gifts received from organizations or from persons not residing in the

dwelling;

8. All regular pay, special pay and allowances of a member of the Armed

Forces (except as provided in subs. (6) (c) (vii), below).

Annual income does not include the following:

1. Income from the employed children (including foster children) under the

age of 18 years;

2. Payments received for the care of foster children or foster adults (usually

persons with disabilities, unrelated to the tenant family, who are unable

to live alone);

3. Lump sum additions to family assets, such as inheritances, insurance

payments (including payments under health and accident insurance and

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worker’s compensation), capital gains and settlement for personal or

property losses (except as provided in subs. (f) (ii) (5), above);

4. Amounts received by the family that are specifically for, or in

reimbursement of, the cost of medical expenses for any family member;

5. Income of a live-in aide, as defined in subs. (xx), below;

6. The full amount of student financial assistance paid directly to the

student or to the educational institution;

7. The special pay to a family member serving in the Armed Forces who is

exposed to hostile fire;

a. Amounts received under training programs funded by HUD;

b. Amounts received by a person with a disability that are disregarded

for a limited time for purposes of Supplemental Security Income

eligibility and benefits because they are set aside for use under a

Plan to Attain Self-Sufficiency (PASS);

c. Amounts received by a participant in other publicly assisted

programs which are specifically for or in reimbursement of out-ofpocket expenses incurred (special equipment, clothing,

transportation, childcare, etc.) and which are made solely to allow

participation in a specific program;

d. Amounts received under a resident service stipend. A resident

service stipend is a modest amount (not to exceed $200 per month)

received by a resident for performing a service for the Housing

Authority, on a part- time basis, that enhances the quality of life in

the development. Such services may include, but are not limited to,

fire patrol, hall monitoring, lawn maintenance, resident initiatives

coordination, and serving as a member of the Board of

Commissioners. No resident may receive more than one such

stipend during the same period of time;

e. Incremental earnings and benefits resulting to any family member

from participation in qualifying State or local employment training

programs (including training programs not affiliated with a local

government) and training of a family member as resident

management staff. Amounts excluded by this provision must be

received under employment training programs with clearly defined

goals and objectives and are excluded only for the period during

which the family member participates in the employment training

program.

8. Temporary, nonrecurring or sporadic income (including gifts);

9. Reparation payments paid by a foreign government pursuant to claims

filed under the laws of that government by persons who were persecuted

during the Nazi era;

10. Earnings in excess of $480 for each full-time student 18 years old or

older (excluding the head of household and spouse);

11. Adoption assistance payments in excess of $480 per adopted child;

12. Temporary kinship care payments;

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Housing Ordinance

iv.

13. Deferred periodic amounts from supplemental security income and

Social Security benefits that are received in a lump sum amount or in

prospective monthly amounts, or any deferred Department of Veterans

Affairs disability benefits that are received in a lump sum amount or in

prospective monthly amounts;

14. Amounts received by the family in the form of refunds or rebates under

State or local law for property taxes paid on the dwelling unit;

15. Amounts paid by a State agency to a family with a member who has a

developmental disability and is living at home to offset the cost of

services and equipment needed to keep the developmentally disabled

family member at home; or

16. Amounts specifically excluded by any other Federal statute from

consideration as income for purposes of determining eligibility or

benefits under a category of assistance programs that includes assistance

under any program to which the exclusions set forth in 24 CFR § 5.609

distributed to the Housing Authority identifying the benefits that qualify

for this exclusion. Updates will be published and distributed when

necessary.

17. Other amounts as declared as excluded income that is as a result of

official action of the Tribal Council in the form of a resolution stating

the source and purpose of the income. Such official action of the Tribal

Council shall not be contrary to any applicable Tribal Law, Federal

statute or regulation that defines income for the purpose of determining

eligibility for assistance under any program to which the exclusions are

set forth in 24 CFR § 5.609 (c) apply.

Annualization of income. If it is not feasible to anticipate a level of income over a

12-month period (e.g., seasonal or cyclic income), or the Housing Authority

believes that past income is the best available indicator of expected future income,

the Housing Authority may annualize the income anticipated for a shorter period,

subject to a redetermination at the end of the shorter period.

(g)

“Area of Operation” means all areas within the jurisdiction of the Tribe;

(h)

“Board” means the Board of Commissioners of the St. Croix Chippewa Housing

Authority;

(i)

“Building” means a structure, and any appurtenances or additions thereto, designed for

habitation, shelter, storage and the like;

(j)

“Ceiling Rent” means maximum amount of rent that can be charged to a low-income

family, as approved by the Tribal Council;

(k)

“Common Property” means the non-dwelling structures and equipment, common areas,

community facilities, and in some cases, certain component parts of dwelling structures;

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Housing Ordinance

(l)

“Complaint” means a grievance of any resident or applicant which is presented

according to this ordinance;

(m)

“Demise” means death, mental incapacity, physical incapacity, or incarceration.

(n)

“Dependent” means a member of the family/household (excluding foster children and

foster adults) other than the family head or spouse, who is under 18 years of age or is a

disabled person or handicapped person, or is a full-time student;

(o)

“Disabled/Handicapped Person” pursuant to 24 CFR § 5.403:

ii.

iii.

iv.

Means a person who:

1. has a disability as defined in 42 USC § 423;

2. is determined, pursuant to HUD regulations, to have a physical, mental,

or emotional impairment that:

a. Is expected to be of long continued and indefinite duration;

b. Substantially impedes his or her ability to live independently or in

a close and unsupervised proximity to others; and

c. Has a developmental disability as defined in 42 USC § 6001.

Does not exclude persons who have the disease of acquired immunodeficiency

syndrome or any conditions arising from the etiologic agent for acquired

immunodeficiency syndrome.

For the purposes of qualifying for low-income housing, does not include a person

whose disability is based solely on any drug or alcohol dependence; and

Means “individual with handicaps,” for purposes of reasonable accommodation

and program accessibility for persons with disabilities.

(p)

“Disabled Family” pursuant to 24 CFR § 5.403 means a family whose head (including

co-head), spouse, or sole member is a person with a disability. It may include two or

more persons with disabilities living together, or one or more persons with disabilities

living with one or more live-in aides;

(q)

“Displaced Family” pursuant to 24 CFR § 5.403 means a family in which each member,

or whose sole member, is a person displaced by governmental action, or a person whose

dwelling has been extensively damaged or destroyed as a result of a disaster declared or

otherwise formally recognized pursuant to Federal disaster relief laws;

(r)

“Displaced Person” means any lower income family or individual that moves from the

real property or moves his or her personal property from the real property permanently

and involuntarily, as a direct result of Acquisition, Rehabilitation, or Demolition.

(s)

“Drug Free Public Housing Zone” means any public housing development administered

by the Housing Authority plus the area within 300 feet of the property's boundary, or one

city block whichever distance is greater which shall be free of selling, possessing, or

possessing with intent to sell any illegal controlled substance. Housing Authority has a

“zero tolerance” for drug activity; the lease of any Tenant who possesses any amount of a

STCCIW Title 9, Chapter 1

Housing Ordinance

controlled substance in Housing Authority property will be terminated. All Tenants are

responsible for the conduct of the members of their household and/or guests. The lease of

a Tenant will also be terminated if a guest or household member is found to possess any

amount of a controlled substance on Housing Authority property;

(t)

“Domestic Violence” means both physical and psychological violence committed by a

current or former intimate partner, by an individual who shares a child in common, by an

individual who is cohabitating with or has cohabitated in the past, or an individual

similarly situated as an intimate partner;

(u)

“Drug-Related Criminal Activity” means the intent to manufacture, sell, distribute,

consume, use, possess a controlled substance (as defined in Section 102 of the Controlled

Substance Act, 21 U.S.C. § 802) including the possession of drug paraphernalia, as

evidenced by documentation by police reports, criminal background information,

conviction, or indictment;

(v)

“Dwelling Unit” means a house or building or portion thereof which is rented or leased

as a home or residence by any person. With respect to tenancies involving the rental of

space for a residential structure, but not the rental of the residential structure itself,

“dwelling unit” does not include the residential structure;

(w)

“’EIV/UIV’ Enterprise Income Verification and Upfront Income Verification” these

online HUD data systems give the SCCHA access to employment and wage information

from the national “New Hires” database, State Wage Income Collection Agencies

(SWICA) and other data sources;

(x)

“Earned Income” means income derived from employment of household members;

(y)

“Elderly or Nearly Elderly Family” means a family whose head (including co-head),

spouse or sole member is an elderly or a near-elderly person, as defined in this section. It

may include two or more elderly or near-elderly persons living together, or one or more

elderly or near- elderly persons living with one or more live-in aides, or one or more such

persons determined under the Indian housing plan for the agency to be essential to their

care or well-being;

(z)

“Elderly Person” means to 24 CFR § 5.403 means a person who is at least 62 years of age;

(aa)

“Essential to the Well-being of an Indian Family” means any individual, with regard to

eligibility for tribal housing, who is essential to the health and wellbeing of the Tribe as

documented by formal action of the St. Croix Tribal Council;

(bb)

“Excluded Income” means income not included as annual income as defined in

subs.(f)(iii), above;

STCCIW Title 9, Chapter 1

Housing Ordinance

(cc)

“Executive Director or Director” means the individual employed by the Tribal Council

to manage the affairs of the Housing Authority as provided for in this ordinance and other

relevant documents;

(dd)

“Family” pursuant to 24 CFR § 5.403 means, but is not limited to, the following,

regardless of actual or perceived sexual orientation, gender identity, or marital status:

ii.

iii.

iv.

vi.

vii.

viii.

A single person, who may be an elderly person, displaced person, disabled

person, near elderly person, or any other single person; or to:

A group of persons residing together, and such group includes, but is not limited;

A family with or without children (a child who is temporarily away from the home

because of placement in foster care is considered a member of the family);

An elderly family;

A near-elderly family;

A disabled family;

A displaced family; and

The remaining member of a tenant family.

(ee)

“Full-time student” means a person who is carrying a subject load that is considered fulltime for day students under the standards and practices of the educational institution

attended. An educational institution includes a vocational school with a diploma or

certificate program, as well as an institution offering a college degree;

(ff)

“Federal Government” means the United States of America and includes the Department

of Housing and Urban Development, or any other agency or instrumentality, corporate, or

otherwise of the United States of America;

(gg)

“Graffiti” means the intentional marking, drawing, writing with paint, ink or any other

substance on, or intentionally etching into Housing Authority property;

(hh)

“Grievance” means any dispute to which a resident or applicant may have with respect to

Housing Authority action or failure to act which adversely affects their rights, duties,

welfare or status with the exception of eviction proceedings;

(ii)

“Guest” means any person, other than the tenant, in or around a dwelling unit or on the

premises with the permission and consent of the tenant;

(jj)

“Head of Household” means the adult member of the family who is the head of the

household for purposes of determining income eligibility and rent. In order to be

considered as the Head of Household, the person must have the mental capacity to

understand the provisions of this ordinance, the lease, and other related documents /

forms of the Housing Authority;

(kk)

“Homebuyer” means a person(s) who has executed a lease-purchase agreement with the

SCCHA, and who has not yet achieved home ownership;

STCCIW Title 9, Chapter 1

Housing Ordinance

(ll)

“Household” means all the people who occupy a housing unit. A household includes the

related family members and all the unrelated people, if any, such as lodgers, foster

children, wards, or employees who share the housing unit. A person living alone in a

housing unit, or a group of unrelated people sharing a housing unit such as partners or

roomers, is also counted as a household;

(mm) “Housing Authority” or “Authority” means the St Croix Chippewa Housing Authority

which is the entity that has been delegated the responsibility for carrying out the intent of

this ordinance, under the direction of the Executive Director;

(nn)

“Housing Plan” or “Plan” means the annual Indian Housing Plan, or IHP, including

housing goals, objectives, and strategies, developed by the Housing Authority together

with the Board;

(oo)

“Home Project” or “Project” means any work or undertaking to provide or assist in

providing (by any suitable method, including but not limited to: rental; sale of individual

units in single or multifamily structures under conventional condominium, or cooperative

sales contracts or lease- purchase agreements; loans; or subsidizing of rentals or charges)

decent, safe and sanitary dwellings, apartments, or other living accommodations for

persons of low income. Such work or undertaking may include buildings, land,

leaseholds, equipment, facilities, and other real or personal property for necessary,

convenient, or desirable appurtenances, for streets, sewers, water service, utilities, parks,

site preparation or landscaping, and for administrative, community, health, recreational,

welfare, or other purposes. The term “housing project” or “project” also may be applied

to the planning of the buildings and improvements, the acquisition of property or any

interest therein, the demolition of existing structures, the construction, reconstruction,

rehabilitation, alteration or repair of the improvements or other property and all other

work in connection therewith, and the term shall include all other real and personal

property and all tangible or intangible assets held or used in connection with the housing

project;

(pp)

“HUD” means the Department of Housing and Urban Development of the United States

Federal Government;

(qq)

“Indian” means any person recognized as being an Indian or Alaskan Native by an Indian

Tribe, the Federal Government or any State;

(rr)

“Indian Family” means a family or family member who is recognized as being an Indian

or Alaskan Native by an Indian Tribe, the Federal Government or any State;

(ss)

“Kinship Care Payments” means family support payments for the temporary or long- term

care of a relative child;

(tt)

“Landlord” includes the Housing Authority which is the owner or lessor of a dwelling unit,

or premises, intended for the use of tenants;

STCCIW Title 9, Chapter 1

Housing Ordinance

(uu)

“Lease” or “Rental Agreement” means a written agreement, including any written rules

and regulations adopted by the Housing Authority containing the terms and conditions of

the use and occupancy of real property, dwelling units, buildings or premises, including a

lease-to- purchase agreement;

(vv)

“Lessee” means tenant of a dwelling unit or premises, user and/or occupier of real

property;

(ww) “Lessor” means the legal, beneficial or equitable owner of property under a lease;

(xx)

“Live-in Aide” pursuant to 24 CFR § 5.403 means a person who resides with one or more

elderly persons, or near-elderly persons, or persons with disabilities, and who:

ii.

iii.

Is determined to be essential to the care and well-being of the person(s);

Is not obligated for support of the person(s); and

Would not be living in the unit except to provide necessary supportive services

and has no right to reside in the unit if not providing said services.

(yy)

“Low Income Family” means a family whose annual income does not exceed eighty

percent (80%) of the median income for the area, as determined by the Secretary of HUD

with adjustments for smaller and larger families;

(zz)

“Median Income” means, with respect to an area that is an Indian area, the greater of:

ii.

(aaa)

The median income for the Indian area, which the Secretary of HUD shall

determine; or

The median income for the United States as published.

“Members of the Household” means those persons listed in the lease or subsequent lease

addendum;

(bbb) “Monthly Adjusted Income” means one-twelfth of adjusted income;

(ccc)

“Monthly Income” means one-twelfth of annual income;

(ddd) “Monthly Rent” means the rent amount the family pays monthly as determined by the

Housing Authority. Monthly Rent may include Flat Rent, Income Based Rent, Minimum

Rent and Retroactive Rent. If the Housing Authority supplies all utilities (except telephone

or cable TV) and other essential housing services are supplied by the Housing Authority,

Monthly Rent equals the Total Tenant Payment. If Housing Authority does not supply

utilities and other essential housing service, and these costs are not included in the Monthly

Rent amount, Monthly Rent equals Total Tenant Payment;

(eee)

“Near Elderly Family” means a family whose head or spouse (or sole member) is at least

55 years of age but below the age of 62 years;

STCCIW Title 9, Chapter 1

Housing Ordinance

(fff)

“Near Reservation” means occupancy within the counties, townships and cities served by

the Tribe;

(ggg) “Notice to Quit” means a notice from the Authority to a tenant terminating a lease or

rental agreement and demanding that the tenant and those with him/her leave the

premises;

(hhh) “Nuisance” means the maintenance or allowance on real property of a condition which

unreasonably threatens the health or safety of the public, or deprives neighboring

property users of the reasonable use, enjoyment and occupancy of their property;

(iii)

“Obligations” means any notes, bonds, interim certificates, debentures, or other forms of

obligation issued by the SCCHA pursuant to this Ordinance;

(jjj)

“Obligee” means any holder of an obligation, agent, or trustee for any holder of an

obligation or lessor demising to the SCCHA property used in connection with a project,

or any assignee or assignees of such lessee’sinterest or any part thereof, and the Federal

government when it is a partyto any contract with the SCCHA in respect to a housing

project;

(kkk) “Occupancy Standard” means the standards established pursuant to this ordinance to

ensure that the rental units are maintained by the tenants in a safe and sanitary condition

and that tenant actions will not impede the peaceful enjoyment of Housing Authority

residents and communities;

(lll)

“Person” means the Housing Authority where the meaning of a portion of this ordinance

requires, a public agency, corporation, partnership or other entity;

(mmm)“Persons not Considered a ‘Dislocated Person’” means a person who is not required to

relocate permanently as a direct result of a rehabilitation project and who will return to

the original project within a reasonable period of time (Temporary Relocation);

(nnn) “Persons not Eligible for Relocation Assistance” means a person that is not eligible for

relocation assistance if any of the following situations occur:

ii.

iii.

The tenant has been evicted for a serious or repeated violation of the terms and

conditions of the lease or occupancy agreement;

Violation of Tribal, Federal, State, or local law or other good cause; or

The person has no legal right to occupy the property under tribal law.

(ooo) “Person with Disabilities” means Disabled/Handicapped as defined above;

(ppp) "Premises” means a dwelling unit and the structure of which it is a part and all facilities

and areas connected with it, including grounds, common areas and facilities intended for

the use of tenants or the use of which is promised for tenants;

STCCIW Title 9, Chapter 1

Housing Ordinance

(qqq) “Publication” means the placement of an advertisement or notice in the newspaper of

record for the Housing Authority area. (Newspaper in which legal advertisements are

published);

(rrr)

“Rent” means the monthly calculated payments to be made to the Authority or lessor from

a tenant under a lease or rental agreement;

(sss)

“Rental Unit” means a leased housing unit of the SCCHA;

(ttt)

“Single Person” means a person who lives alone and who does not qualify as an elderly

family, a displaced person, or the remaining member of a Tenant family;

(uuu) “Surcharge” means the amount charged by the Housing Authority to a Tenant, in

addition to rent, for consumption of utilities in excess of the allowance for Housing

Authority furnished utilities or for estimated consumption attributable to Tenant owned

major appliances or to optional functions of Housing Authority furnished equipment;

(vvv) “Reservation” or “Reservation Lands” means those lands located within the exterior

boundaries of the St Croix Reservation lands as well as off-reservation lands under the

jurisdiction and purview of the St Croix Tribe;

(www) “St. Croix Chippewa Housing Authority” or “SCCHA” means the St. Croix Chippewa

Housing Authority organized and operated for the purpose of remedying unsafe housing

conditions and providing for construction, reconstruction, and improvements or repairs

for premises;

(xxx) “Temporary Absence” means an absence from the home for a period of longer than two

(2) weeks with notification to the Housing Authority;

(yyy) “Temporary Relocation Dwelling” means a dwelling that is suitable, decent, safe and

sanitary to be used by the resident during the rehabilitation period. The relocation

dwelling may not necessarily be comparable to the original dwelling as long as the decent,

safe and sanitary requirements are met;

(zzz)

“Tenant” means the lessee(s), or person(s) entitled under a lease or rental agreement to

occupy a dwelling unit or premises to the exclusion of others;

(aaaa) “Tenant Rent” means the amount payable monthly by the family as rent to the Housing

Authority. Tenant rent does not include utilities;

(bbbb) “Tribal Council” means the elected governing body of the St. Croix Chippewa Indians of

Wisconsin in accordance with the Constitution and By-Laws of the Tribe;

(cccc) “Tribal Court” means the St. Croix Chippewa Indians of Wisconsin Tribal Court

established pursuant to Tribal Council Resolution No. 84.03.19.01, as amended, and

having jurisdiction over this Ordinance;

STCCIW Title 9, Chapter 1

Housing Ordinance

(dddd) “Tribal Police” means the St. Croix Chippewa Indians of Wisconsin Tribal Police

Department who has jurisdiction over all lands owned by or on behalf of the Tribe;

(eeee) “Utilities” include electricity, gas, heating fuel (including wood), water, sewage service,

septic tank pumping, drain field maintenance and sanitation services;

(ffff)

“Utility Costs” means expenses for heat, cooking, lighting, water, and sewer incurred in

the reasonable residential use and occupancy of a dwelling; and

(gggg) “Very Low-Income Family” means a lower income family whose annual income does not

exceed fifty percent (50%) of the median income for the area, as determined by HUD,

with adjustments for smaller and larger families.

ARTICLE III – GENERAL

9 S.C.T.C. § 01.03(1) Housing Authority

The Tribal Council hereby establishes and empowers the St Croix Chippewa Housing Authority

to carry out the intent of this ordinance as further defined herein:

(a) The Tribal Council shall employ an Executive Director who will be responsible for

effectuating the Housing Authority Code and the duties as defined in the Director’s job

description. The Executive Director shall be supervised by the Tribal Administrator.

(b) The Tribal Council may, pursuant to its inherent powers, grant a limited waiver of

sovereign immunity of the Housing Authority thereby allowing the Housing Authority to

be sued in its corporate name, upon any contract, claim or obligation arising out of its

activities under this ordinance and thereby authorizes the Housing Authority the option to

agree to such a duly issued Tribal Council Resolution to a limited waiver of immunity

from suit which it may not otherwise have; but the Tribe expressly does not waive its

immunity from suit and shall not be liable for the debts or obligations of the Housing

Authority.

(d) The Housing Authority, acting through its Executive Director, shall have the following

powers which it may exercise consistent with the purposes for which it has been

established:

ii.

To adopt and use a corporate seal.

To enter into agreements, contracts and understandings with any governmental

agency, Federal, state or local (including the Tribal Council) or with any person,

partnership, corporation or Indian tribe; and to agree to any conditions attached to

Federal financial assistance.

STCCIW Title 9, Chapter 1

Housing Ordinance

iii.

iv.

vi.

vii.

viii.

ix.

To agree, notwithstanding anything to the contrary contained in this ordinance or

in any other provision of law, to any conditions attached to Federal financial

assistance relating to the determination of prevailing salaries or wages or

payment of not less than prevailing salaries or wages or compliance with labor

standards, in the development or operation of projects; and the Authority may

include in any contract let in connection with a project stipulations requiring that

the contractor and any subcontractors comply with requirements as to minimum

salaries or wages and maximum hours of labor and comply with any conditions

which the Federal government may have attached to its financial aid to the

project.

To obligate itself, in any contract with the Federal government for annual

contributions to the Housing Authority, to convey to the Federal government

possession of or title to the project to which such contract relates, upon the

occurrence of a substantial default (as defined in such contract) with respect to the

covenants or conditions to which the Housing Authority is subject; and such

contract may further provide that in the case of such conveyance, the Federal

government may complete, operate, manage, lease, convey or otherwise deal with

the project and funds in accordance with the terms of such contract; provided, that

the contract requires that, as soon as practicable after the Federal government is

satisfied that all defaults with respect to the project have been cured and that the

project will thereafter be operated in accordance with the terms of the contract,

the Federal government shall re-convey to the Housing Authority as than

constituted.

To lease property from the Tribe for such periods as are authorized by law, and to

hold and manage or to sublease the same.

To borrow or lend money, to issue temporary or long-term evidence of

indebtedness and to repay the same. Obligations shall be issued and repaid in

accordance with the provisions of this ordinance.

To pledge the assets and receipts of the Housing Authority as security for debts;

and to acquire, sell, lease, exchange, transfer or assign corporate personal

property or interests therein.

To purchase land or interests in land or take the same by gift; to lease land or

interests in land to the extent provided by law.

To undertake and carry out studies and analyses of housing needs, to prepare

housing plans, to execute the same, to operate projects and to provide for the

construction, reconstruction, improvement, extension, alteration or repair of any

project or any part thereof.

With respect to any dwellings, accommodations, lands, buildings or facilities

embraced within any project (including individual cooperation or condominium

unit); to lease or rent, sell, enter into lease-purchase agreements or leases with

option to purchase; to establish and revise rents or required monthly payments, to

make rules and regulations concerning the selection of tenants or homebuyers,

including the establishment of priorities, and concerning the occupancy, rental,

care and management of housing units; and to make sure further rules and

regulations as may be deemed necessary and desirable to effectuate the powers

granted by this ordinance.

STCCIW Title 9, Chapter 1

Housing Ordinance

xi.

xii.

xiii.

xiv.

xv.

xvi.

xvii.

To finance the purchase of a home by an eligible homebuyer in accordance with

regulations and requirements of the Department of Housing and Urban

Development (HUD).

To terminate any lease or rental agreement or lease-purchase agreement when the

tenant or homebuyer has violated the terms of such agreement, or failed to meet

any of its obligations thereunder, or when such termination is otherwise

authorized under the provisions of such agreement; and to bring action for

eviction against such tenant or homebuyer.

To establish income limits, as required by HUD, for admission that ensures that

dwelling accommodations in low-income housing projects shall only be made

available to eligible persons of low income.

To develop projects and policies for the purpose of serving non-low-income

persons that are deemed ineligible for admission in low-income housing projects.

To purchase insurance from any stock or mutual company for any property or

against any risk or hazards.

To invest such funds as are not required for immediate disbursement.

To establish and maintain such bank accounts as may be necessary or

convenient.

(e) It is the purpose and intent of this ordinance to authorize the Housing Authority to secure

the financial aid or cooperation of the Federal government in the undertaking,

construction, maintenance or operation of any project by the Housing Authority.

(f) No ordinance or other enactment of the Tribe with respect to the acquisition, operation or

disposition of Tribal property shall be applicable to the Housing Authority in its

operations pursuant to this ordinance.

(g) The Tribal Council does not by the adoption of this ordinance consent to any

authorization not accountable to the Tribal Council.

(h) The Executive Director shall submit the following reports to the Tribal Council and

Tribal Administrator with copies to the Board of Commissioners.

ii.

Monthly Report showing:

1. Summary of the prior month’s activities;

2. Financial condition of the Housing Authority;

3. Condition of the properties;

4. Number of units and vacancies;

5. Any significant problems and accomplishments;

6. Plans for the future;

7. Such other information as the Executive Director, the Board of

Commissioners, or the Tribal Council and Tribal Administrator deems

pertinent.

Annual Report showing:

1. Summary of the above concerns addressed in the monthly report;

2. Long-term plans and goals for the Authority

STCCIW Title 9, Chapter 1

Housing Ordinance

(i) The annual Indian Housing Plan (IHP) and related budgets submitted to HUD must be

reviewed by the Tribal Administrator and approved by the Tribal Council as well as any

other operating budgets of the Housing Authority.

9 S.C.T.C. § 01.03(2) Obligations

(a) The Housing Authority may issue obligations from time to time in its discretion for any of

its purposes and may also issue refunding obligations for the purpose of paying or retiring

obligations previously issued by it. The Housing Authority may issue such types of

obligations as it may determine, including obligations on which the principal and interests

are payable:

ii.

iii.

Exclusively from the income and revenues of the project financed with the

proceeds of such obligations, or with such income and revenues together with a

grant from the Federal government in aid of such project;

Exclusively from the income and revenues of certain designated projects whether

or not they were financed in whole or in part with the proceeds of such obligations;

From its revenues generally.

Any of such obligations may be additionally secured by a pledge of any revenues of any

project or other property of the Housing Authority. Neither the Board, the Authority, nor

any person executing the obligations shall be liable personally on the obligations by reason

of issuance thereof.

(b) The notes and other obligations of the Housing Authority shall not be a debt of the Tribe

and the obligations shall so state on their face.

governmental purpose and to be public instrumentalities and, together with interest

thereon and income therefrom, shall be exempt from taxes imposed by the Tribe. The tax

exemption provisions of this ordinance shall be considered part of the security for the

repayment of obligations and shall constitute, by virtue of this ordinance and without

necessity of being restated in the obligations, a contract between:

ii.

The Housing Authority and the Tribe; and

The holders of obligations and each of them, including all transferees of the

obligations from time to time.

(d) Obligations shall be issued and sold in the following manner:

Obligations of the Housing Authority shall be authorized by a resolution adopted

by the vote of a majority of the Tribal Council and may be issued in one or more

series.

STCCIW Title 9, Chapter 1

Housing Ordinance

ii.

iii.

The obligations shall bear such dates, mature at such times, bear interest at such

rates, be in such denominations, be in such form, either coupon or registered,

carry such conversion or registration privileges, have such rank or priority, be

executed in such manner, be payable in such medium of payment and at such

places, be subject to such terms of redemption, with or without premium, as such

resolution may provide.

The obligations may be sold at public or private sale at not less than par.

(e) Obligations of the Housing Authority shall be fully negotiable. In any suit, action or

proceeding involving the validity or enforceability of any obligation of the Housing

Authority or the security therefor, any such obligation reciting in substance that it has

been issued by the Housing Authority to aid in financing a project pursuant to this

ordinance shall be conclusively deemed to have been planned, located and carried out in

accordance with the purpose and provisions of this ordinance.

(f) In connection with the issuance of obligations or incurring of an obligation, under leases

and to secure the payment of such obligations, the Housing Authority, subject to the

limitations in this ordinance, may:

ii.

iii.

iv.

vi.

vii.

viii.

ix.

xi.

xii.

Pledge all or any part of its gross or net rents, fees or revenues to which its rights

then exist or may thereafter come into existence.

Provide for the powers and duties of obligee and limit their liabilities; and provide

the terms and conditions on which such obligees may enforce any covenant or

rights securing or relating to the obligations.

Covenant against pledging all or any part of its rents, fees and revenues or against

mortgaging any or all of its real or personal property to which its title or right then

exists or may thereafter come into existence or permitting or suffering any lien on

such revenues or property.

Covenant with respect to limitations on its right to sell, lease or otherwise dispose

of any project or any part thereof.

Covenant as to what other or additional debts or obligations may be incurred by it.

Covenant as to the obligations to be issued as to the issuance of such obligations in

escrow or otherwise, and as to the use and disposition of the proceeds thereof.

Provide for the replacement of lost, destroyed or mutilated obligations.

Covenant against extending the time for the payment of its obligations or interest

thereon.

Redeem the obligations and covenant for their redemption and provide the terms

and conditions thereof.

Covenant concerning the rents and fees to be charged in the operation of a project

or projects the amount to be raised each year or other period of time by rents, fees

and other revenues, and as to the use and disposition to be made thereof.

Create or authorize the creation of special funds for monies held for construction

or operating costs, debt service, reserves or other purposes, and covenant as to

the use and disposition of the monies held in such funds.

Prescribe the procedure, if any, by which the terms of any contract with holders

of obligations may be amended or abrogated, the proportion of outstanding

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xiii.

xiv.

xv.

xvi.

xvii.

xviii.

xix.

obligations the holders of which must consent thereto, and the manner in which

such consent may be given.

Covenant as to the use, maintenance and replacement of its real or personal

property, the insurance to be carried thereon and the use and disposition of

insurance monies.

Covenant as to the rights, liabilities, powers and duties arising upon the breach

by it of any covenant, condition or obligation.

Covenant and prescribe as to events of default and terms and conditions upon

which any or all of its obligations become or may be declared due before

maturity, and as to the terms and conditions upon which such declaration and its

consequences may be waived.

Vest in any obligees or any proportion of them the right to enforce the payment of

the obligations or any covenants securing or relating to the obligations.

Exercise all or any part or combination of the powers granted in this section.

Make covenants other than and in addition to the covenants expressly authorized

in this section, of like or different character.

Make any covenant and do any acts and things necessary or convenient or

desirable in order to secure its obligations, or, in the absolute discretion of the

Housing Authority, tending to make the obligations more marketable although the

covenants acts, or things are not enumerated in this section.

9 S.C.T.C. § 01.03(3) Board of Commissioners and Tribal Council Liaison

The Board of Commissioners is hereby created to act in an advisory capacity to the Tribal

Council and the Housing Authority Executive Director and shall have those powers as stated in

this section.

(a) The Tribal Council, by formal action, shall appoint a Liaison(s) which shall be appointed

to facilitate communication and coordination between the Tribal Council and the Board.

The Tribal Council Liaison(s) shall not be considered a member of the Board.

(b) The Board of Commissioners Powers and Duties.

ii.

iii.

iv.

vi.

To advise the Tribal Council and Executive Director of the Housing Authority

on housing projects and housing services needs of members and such other

persons or entities the Housing Authority may serve.

To acknowledge Tribal member housing needs/concerns and communicate them

to the Executive Director of the Housing Authority.

Assist in the creation, review and to provide recommendations on policies

governing the activities of the Housing Authority, and other such policies as

requested by the Executive Director or the Tribal Council.

To provide advice on the development of a Strategic Plan on Housing.

To review and provide information on the annual and any revised or modified

Indian Housing Plan (IHP) and the Annual Performance Report (APR) prior to

submission to the Tribal Council

Provide advice as directed by the Tribal Council or requested by the Executive

Director on matters relevant to the Housing Authority and the purposes defined

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vii.

in this ordinance.

None of the aforementioned powers and duties may be construed or interpreted to

empower the Board beyond the capacity of advisory in nature as more fully

defined in subs. (d), below

following guidelines:

ii.

iii.

iv.

The Board of Commissioners shall be composed of five (5) persons representing

the communities of (2) Sand Lake, (1) Danbury, (1) Maple Plain, (1) Round Lake

all of whom must be St. Croix Tribal members. In no case shall a sitting Tribal

Council member, or an employee of the Housing Authority be appointed as a

Board Member. No individual Commissioner, regardless of position, acting

alone and without Board of Commissioner approval is empowered or authorized

to take any action or make any public statement regarding the Housing

Authority or Board of Commissioners’ positions on any matter.

The Tribal Council shall name one of the Board Member’s as the Chairman of

the Board. The Board shall elect from among its members a Vice-Chairman, and

a Secretary. In the absence of the Chairman, the Vice-Chairman shall preside;

and in the absence of both the Chairman and the Vice-Chairman, the Secretary

shall preside.

A member of the Board may be removed by formal action of the Tribal Council

for cause.

The Tribal Council will fill vacancies as soon as reasonably possible.

The Board Members shall be appointed, and may be reappointed, by the Tribal

Council. Formal notification by the Tribal Council as to the appointment or

reappointment of any Member shall be conclusive evidence of the due and proper

appointment.

(d) Advisory Capacity. The Board of Commissioners shall serve in an advisory capacity to the

Tribal Council and the Executive Director to promote comprehensive planning, delivery

of housing services and evaluation of housing programs.

“Advisory Capacity” to the Tribal Council means that the Board of

Commissioners shall assist the Tribal Council in understanding the housing

projects and housing services needs of members and such other persons or

entities the Housing Authority may serve. As with other Tribal Committees,

Boards and Commissions the Board of Commissioners do not supervise the

Tribal Council on Tribal Housing matters nor is it empowered to require that

certain actions be taken or to require or demand that the Tribal Council engage

in or approve any particular recommended course of action. The Board of

Commissioners shall review but does not have approval authority over all

required or requested reports that the Executive Director submits to the Tribal

Council. Such duty or authority of review does not extend to reports or portions

thereof that may be deemed confidential. The Chairperson or the Secretary of

the Board of Commissioners may also be present at all meetings where the

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ii.

Director is expected to present or submit required or requested reports.

“Advisory Capacity” to the Executive Director means that the Board of

Commissioners shall assist the Executive Director in understanding the housing

and housing project needs of St Croix Tribal members and such other persons or

entities as the Housing Authority may serve and, in the planning, and delivery of

those services and evaluation of housing and Department programs. The Board of

Commissioners is not authorized to supervise the Director on Tribal Housing

matters or to require or demand that the Director engage in or approve any

particular recommendation and shall not be involved in Housing Authority

personnel matters except upon Tribal Council request and then in only an

advisory capacity

(e) The term of office for each Member shall be two (2) years and staggered, except that in

the case of prior vacancy, an appointment shall be only for the length of the unexpired

term. Each member of the Board shall hold office until his or her successor has been

appointed. All expirations shall occur on September 30th of each year, and all

appointments shall commence on October 1st of each year.

(f) Board Members may receive compensation for their services including travel and training

expenses incurred in the discharge of their duties. Such compensation rates shall be

determined and approved by official action of the Tribal Council or in the case of travel

and training by the Tribal Council Liaison.

(g) A majority of the full Board shall constitute a quorum, but no action shall be taken by a

vote of less than a majority of such full Board.

(h) The Secretary shall keep complete and accurate records of all meetings of the Board.

(i) Regular meetings of the Board shall be held monthly on the 2nd Wednesday of the month.

Special meetings may be held at the discretion of the Chairperson or by request of two

Commissioners. Regular and Special meetings notices must be posted. Special meetings

shall be limited to only the stated agenda, and no regular business may be conducted.

9 S.C.T.C. § 01.03(4) Miscellaneous

(a) Each project developed or operated under a contract providing for Federal financial

assistance shall be developed and operated in compliance with all requirements of such

contract and applicable Federal legislation, and with all regulations and requirements

prescribed from time to time by the Federal government in connection with such

assistance.

(b) The Housing Authority shall obtain or provide for the obtaining of adequate fidelity bond

coverage of its agents or employees handling cash or authorized to sign checks or certify

vouchers.

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provided for by formal action of the Tribal Council.

(d) The property of the Housing Authority is declared to be public property used for

essential public and governmental purposes and such property and the Housing

Authority are exempt from all taxes and special assessments of the Tribe.

(e) All property including funds acquired or held by the Housing Authority pursuant to this

ordinance shall be exempt from levy and sale by virtue of an execution, and no execution

or other judicial process shall issue against the same nor shall any judgment against the

Housing Authority be a charge or lien upon such property. However, the provisions of

this section shall not apply to or limit the right of obligee’s to pursue any remedies for the

enforcement of any pledge or lien given by the Housing Authority on its rents, fees or

revenues or the right of the Federal government to pursue any remedies conferred upon it

pursuant to the provision of this ordinance or the right of the Housing Authority to bring

eviction actions in accordance with this ordinance.

9 S.C.T.C. § 01.03(5) Cooperation in Connection with Projects

(a) For the purpose of aiding and cooperating in the planning, undertaking construction or

operation of projects, the Tribe hereby agrees that:

ii.

iii.

iv.

vi.

It will not levy or impose any real or personal property taxes or special

assessments upon the Housing Authority or any project of the Housing

Authority.

It will furnish or cause to be furnished to the Housing Authority and the

occupants of projects all services and facilities of the same character and to the

same extent as the Tribe furnishes from time to time without cost or charge to

other dwellings and inhabitants.

Insofar as it may lawfully do so, it will grant such deviations from any present or

future building or housing codes of the Tribe as are reasonable and necessary to

promote economy and efficiency in the development and operation of any

project, and at the same time safeguard health and safety, and make such

changes in any zoning of the site and surrounding territory of any project as are

reasonable and necessary for the development and protection of such project,

and the surrounding territory.

It will do any and all things, within its lawful powers, necessary or convenient to

aid and cooperate in the planning, undertaking, construction or operation of

projects.

The Tribal Government hereby declares that the powers of the Tribal

Government shall be vigorously utilized to enforce eviction of a tenant or

homebuyer for nonpayment or other contract violations including action through

appropriate courts.

The Tribal Courts shall have jurisdiction to hear and determine an action for

eviction of a tenant or a homebuyer. The Tribal Government hereby declares that

the powers of the Tribal Courts shall be vigorously utilized to enforce evictions of

a tenant or homebuyer for nonpayment or other contract violations.

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(b) The provisions of this Article shall remain in effect with respect to any project, and said

provisions shall not be abrogated, changed, or modified without the consent of the

Department of Housing and Urban Development, so long as the project is owned by a

public body or governmental agency and is used for low-income housing purposes.

Development for loans or annual contributions, or both, in connection with such project,

remains in force and effect.

(d) Any obligations issued in connection with such project or any monies due to the

Department of Housing and Urban Development in connection with such project remain

unpaid, whichever period ends the latest.

If at any time title to, or possession of, any project is held by any public body or

governmental agency authorized by law to engage in the development or

operation of low-income housing, including the Federal government, the

provisions of this section shall inure to the benefit of and be enforced by such

public body or governmental agency.

9 S.C.T.C. § 01.03(6) Relation to Federal Law

The Authority’s participation in Federal Indian housing programs may create additional rights

and responsibilities between the Housing Authority and others. To the extent practicable, this

chapter shall be read consistently with applicable Federal law. Where there is a conflict between

this chapter and any statute or regulation of the United States, the Federal law shall apply if it has

specific applicability and if it is clearly in conflict with the provisions of this Article.

ARTICLE IV – ADMINISTRATIVE PROCEDURES

9 S.C.T.C. § 01.04(1) Personnel Policy and Procedures

The Housing Authority shall comply with the St Croix Tribe of Wisconsin Personnel Policies

and Procedures except for the following provisions, which will modify, replace and supersede

the Tribes personnel policies and procedures.

(a) Preference for employment with SCCHA will be given to current tenants of SCCHA

(Applicant must provide a copy of a current signed lease with the SCCHA showing

tenancy).

(b) Maintenance personnel that are designated to be the weekly "After Hours On-Call Staff”

will be provided with an additional stipend above their normal pay to compensate them

for their services. Such compensation will be in lieu of any overtime or compensatory

time compensation. If there is a need for additional staff to assist the designated "on-call"

maintenance staff those Non-exempt employees will be compensated at a rate equal to

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1.5 times their regular rate for any hours worked in excess of forty (40) hours in a work

week. Other paid leave does not count as hours worked for purposes of calculating

overtime pay in a work week.

9 S.C.T.C. § 01.04(2) Property and Procurement Policy and Procedures

The Housing Authority shall comply with the Tribal established Property and Procurement law

and policy with the following exceptions, additions and interpretations:

(a) For the purpose of the implementation of this policy the “Procurement Officer” or “PO”

means the Housing Authority Procurement Officer who is the official authorized by the

Housing Authority to enter into and/or administer contracts and make related

determination and findings on behalf of the Housing Authority as well as establish and

maintain an inventory of all property and equipment. For the purpose of this ordinance,

the term includes any Housing Authority employee designated and authorized to perform

the duties of the PO.

(b) Section VIII Contractor Qualifications and Duties shall include the following provision

which will be applicable to the SCCHA Property and Procurement activities:

D. Contractor and Subcontractor Criminal Screening Requirements for the St. Croix

Chippewa Housing Authority (SCCHA).

The purpose of this section is to protect SCCHA residents, property and staff.

1. Vendor Applicability

a. Any contractor or subcontractor and their employees

performing work for SCCHA are required to submit to a

background screening conducted by the SCCHA. Approval

by SCCHA prior to assignment of employees by a contractor

or subcontractor to SCCHA premises, job sites, projects, or

property owned, leased, operated, or otherwise under the

control of SCCHA. This includes personnel that may be

required to perform work at an SCCHA locations, regardless

of whether the site is occupied by residents or not.

b. Requirements will not apply if all work is performed

remotely or no personnel will be required to perform work at

a physical SCCHA location.

2. Screening Requirements

a. All applicable person must be screened before any work is

started and no later than 90 days after contract award.

b. Elements of the Background Screening:

Construction/General Worker Position.

(i) Criminal Conviction History (County Search);

(ii) Nationwide state and federal results for felony or

misdemeanor records;

(iii)Nationwide Sex offender search;

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(iv) Verification of Social Security Number;

(v) Verification of Immigration Status.

3. Ineligibility to Work

a. Ineligible Personnel

(i) Persons convicted of a crime against or otherwise

involving a minor at any time.

(ii) Persons who are an active registered sex offender,

regardless of time requirement.

b. Any person who could reasonably be believed to present a

risk of dishonest, dangerous or violent behavior, or who is

otherwise unqualified to participate.

c. Contractor or subcontractor must notify SCCHA of any

supplemental criminal background information (police

reports, arrest information, etc.).

4. Liability

a. A contractor/subcontractor may be held liable to SCCHA or

residents of SCCHA properties for any damage suffered by

SCCHA or residents of SCCHA properties resulting from

any contractor/subcontractor employee that engages in

criminal activity on any SCCHA premises, job sites, projects,

or property owned, leased, operated, or otherwise under the

control of SCCHA.

b. SCCHA reserves the right to seek indemnity from any

contractor/subcontractor for any liability or potential liability

that may result from criminal acts of contractor/subcontractor

employees, or as the result of any violation of this

requirement.

5. Non-Compliance/Oversight

a. Non-Compliance:

(i) SCCHA may terminate any contract with a

contractor for violation of this requirement.

(ii) Contractors are required to terminate any contract

with subcontractors if the terms of the requirements

are breached.

b. SCCHA Oversight:

(i) SCCHA Compliance conducts Quality Control

reviews of contractors/subcontractors to monitor

compliance with the Contractor and Subcontractor

Screening Requirements.

(ii) Contractors must provide SCCHA with updates

regarding the ineligibility pursuant to this section of

any of its employees assigned to a SCCHA project.

Failure to report will result in immediate

termination of any contract and the contractor will

be subject to additional monetary claims by the

SCCHA.

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9 S.C.T.C. § 01.04(3) Travel Policy and Procedures

The Housing Authority shall comply with the travel law and policy of the Tribe as established in

Travel Policies and Procedures. This Travel Policy establishes the rules governing travel by all

employees of the Tribe, including all employees and Commissioners of the Housing Authority in

the performance of their official job duties on behalf of the Authority (“Business Travel”) and

the purchase or use of modes of transportation, such as Personal Automobiles, Housing Authority

or Tribal vehicles, rental vehicles, tolls, parking, accommodations, air fare, etc. (collectively

“Travel Services”) as follows:

(a) For the purpose of the implementation of this policy at the Housing Authority, the

Housing Authority Executive Director and Housing Authority Program/Department

Directors shall have the authority to approve or deny any business travel. Employees

shall not approve the reimbursement or advance of their own travel related expenses.

(b) For the purpose of the implementation of this policy at the Housing Authority, the

“Travel Clerk” means the Housing Authority Accounting Department who are the

officials authorized by the Housing Authority to administer travel advance requests. For

the purpose of this ordinance, the term includes any Housing Authority employee

designated and authorized to perform the duties of the Travel Clerk.

9 S.C.T.C. § 01.04(4) Fiscal Policy and Procedures

The Housing Authority shall comply with the fiscal law and policy of the Tribe as

established in Fiscal Policies and Procedures as follows:

(a) For the purpose of the implementation of this policy by the Housing Authority, the

Housing Authority Finance Manager is the official authorized by the Housing Authority to

oversee and implement the provisions of the policy. For the purpose of this ordinance, the

term includes any Housing Authority employee designated and authorized to perform the

duties of the Finance Manager.

9 S.C.T.C. § 01.04(5) Investment Policy

(a) Authority. Pursuant to § 204 of the Native American Housing Assistance and SelfDetermination Act of 1996 (NAHASDA), tribally designated housing entities may, for the

purpose of carrying out affordable housing activities, invest Indian Housing Block Grant

(IHBG) funds as approved by the Secretary of the Department of Housing and Urban

Development. The Secretary has established limitations on the investment of IHBG funds

in 24 C.F.R. § 1000.58. The Secretary has further prescribed administrative requirements

for investing IHBG funds in Public and Indian Housing Notices, as periodically updated,

amended, and superseded. The Housing Authority is authorized to invest funds not needed

for immediate disbursement pursuant to this ordinance. The Housing Authority may

invest IHBG funds so long as it demonstrates to HUD that there are no unresolved

significant and material audit findings or exceptions in the most recent annual audit.

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(b) Funds Eligible for Investment.

ii.

IHBG funds subject to the approval of the Secretary of HUD may be invested

pursuant to this section.

Other funds may be invested pursuant to this section provided that such

investment is permissible under the law relating to the source of the funds and that

such investment is performed pursuant to any applicable law and provided further

that any such investment is held separately from IHBG funds invested so as to

fully comply with 24 C.F.R. § 100.58(d).

ii.

iii.

iv.

No investment shall be made which has a duration of more than five years.

All IHGB investment accounts shall be held in one or more accounts separate

from other funds of the Housing Authority. Each of these accounts shall be subject

to a Depository Agreement in a form prescribed by HUD sufficient to implement

the regulations in this part and permit HUD to exercise its rights under 24 CFR

1000.60.

Prior to drawing down funds for investment purposes, the SCCHA shall do an

analysis of anticipated cash needs for the investment period and identify those

acceptable investment options or instruments with varying dates of maturity

(shorter and longer term) within the projected investment period. The analysis

shall be recorded and maintained as investment supporting documentation for

accounting reconciliation and compliance monitoring purposes.

The Housing Authority shall invest IHGB funds only in:

1. Obligations of the United States: obligation issued by Government

sponsored agencies; securities that are guaranteed or insured by the

United States; mutual (or other) funds registered with the Securities

and Exchange Commission, and which invest only in Obligations

of the United State or securities that are guaranteed or insured by

the United States; or

2. Accounts that are insured by an agency or instrumentality of the

United States or accounts that ensure the continuous and full

collateralization of deposits that are in excess of FDIC insurance

amounts to ensure protection of the funds, even in the event of bank

failure.

3. Collateralization shall consist of identifiable U.S. Government

securities as prescribed by HUD and specific authority contained in

the agreement permitting HUD to exercise its rights pursuant to 24

C.F.R. § 1000.60.

(d) Investment Brokers. The Housing Authority may use brokers or dealers to invest IHBG

funds if the brokers or dealers invest grant funds exclusively in approved financial

instruments outlined at 24 CFR 1000.58. Each broker or dealer must be a member of the

Securities Investor Protection Corporation. Selection of a broker or dealer must be made

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in accordance with the procurement standards at 2 CFR 200.317, while the Housing

Authority will continue to be subject to 200.318.

(e) Staff Authority and Duties. Subject to the oversight of the Tribal Council, Housing

Authority staff is assigned authority to implement this policy as follows:

ii.

iii.

iv.

vi.

vii.

viii.

The Executive Director shall serve as the custodian of all investment securities

and shall keep such securities separate from the accounting records, the

maintenance of which shall be the responsibility of the Housing Authority’s

accounting department.

The Executive Director shall obtain authorization for all investment transactions

from the Tribal Council. All depository agreements shall be approved by

resolution presented to the Tribal Council by the Executive Director. All

investment transaction shall be documented in the official records of the

Housing Authority, which shall be maintained by the Executive Director.

The Executive Director shall ensure that safekeeping procedures for the security

of investment documents are maintained.

The Executive Director shall ensure that all investments shall be made only in

name of the St Croix Chippewa Housing Authority and shall be maintained in a

custodial or trust account, as appropriate.

The Executive Director shall assure that all investments are recorded in detail in

an investment ledger, and that the investment ledger. The investment ledger shall

identify for each investment the federal award received and expended and the

federal program under which it was received; the assistance listings title and

number, as applicable; the federal award identification number; year the federal

award was issued; and the name of the federal agency or pass-through entity.

The investment ledger shall be periodically reconciled. The Executive Director

shall ensure a system is in place and used to collect, record, and credit all

investment income to the appropriate accounts. The investment records shall be

audited annually.

The Housing Authority’s accounting department shall maintain an investment

maturity schedule evidencing that the investments and proposed investments will

mature on the approximate dates the funds will be needed and that the

investment maturity dates do not exceed five years.

Earned Interest. Any interest earned within the five-year timeframe is considered

program income earned by the investment(s) and therefore must only be spent on

eligible affordable housing activities and is subject to all IHBG Program

requirements and other Federal requirements. However, if the amount of income

received in a single year by a recipient and all its subrecipients, which would

otherwise be considered program income, does not exceed $25,000, such funds

may be retained but will not be considered to be or treated as program income.

Reporting. Investment funds shall be reported quarterly on the Federal Financial

Report (SF-425) to identify the balance of each investment instrument, its

maturation date, and the last four digits of the account number for identification.

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ARTICLE V – REPORTING REQUIREMENTS

9 S.C.T.C. § 01.05(1) Purpose

This Article will ensure the Housing Authority operates in a business-like manner, ensure

compliance with applicable federal requirements and require the monitoring of performance

goals under the Indian Housing Plan.

9 S.C.T.C. § 01.05(2) Reporting Responsibilities

(a) The Housing Authority shall comply with the appropriate requirements pertaining to selfmonitoring as required by §§ 403 (b) and 404 (a) (1) of NAHASDA as well as 24 CFR

§§ 1000.508 and 1000.510.

(b) The Housing Authority shall comply with the appropriate requirements pertaining to the

annual performance report as required by § 404 of NAHASDA as well as 24 CFR §§ 24

CFR §§ 1000.512, 1000.514, 1000.516, 1000.518, 1000.520 and 1000.521.

annual audit as required by § 406 of NAHASDA as well as 24 CFR §§ 1000.524,

1000.544, 1000.546, 1000.548, and 1000.550.

(d) The Housing Authority shall comply with the appropriate requirements pertaining to the

Indian Housing Plan as required by §§ 102 and 103 of NAHASDA as well as 24 CFR §§

1000.212, 1000.214, 1000.216, 1000.218, 1000.220, 1000.222, 1000.224, 1000.225,

1000.227, 1000.228, 1000.230, 232, 1000.234, and 1000.524.

ARTICLE VI – HOUSING COURT

9 S.C.T.C. § 01.06(1) Housing Court Division

There is hereby established a Housing Court Division of the St Croix Tribal Court exercising

jurisdiction pursuant to this ordinance as follows:

(a) The chief judge and any associate judges of the St Croix Tribal Court shall serve as

judges of the Housing Court. Any magistrate of the Tribal Court shall serve as magistrate

of the Housing Court with such powers as are provided in St. Croix Tribal Court Code

and in this ordinance.

(b) All matters under this ordinance shall be filed with the Housing Court.

Court, the Housing Court shall require conformity with the substantive and procedural

law of the Tribe and shall permit amendment of pleadings and other actions necessary to

effect jurisdiction over the matter and for conformity with this ordinance.

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(d) All hearings in the Housing Court shall be without a jury. All proceedings shall be

recorded electronically or verbatim by a licensed court reporter. The Housing Court

Division may conduct hearings by telephone and may allow any party or witness to

appear by telephone under such procedures as will best protect the rights of all parties.

9 S.C.T.C. § 01.06(2) Full Faith and Credit

The Housing Court, Executive Director, and other officials of the tribal government shall grant

the public acts, records and judicial proceedings of other entities, applicable to Housing

proceedings, full faith and credit to the same extent such entities give full faith and credit to the

public acts, records and judicial proceedings of the Tribe.

(a) Without limitation to the above, the Housing Court may, upon filing, accept a case

originally brought in another Court.

9 S.C.T.C. § 01.06(3) Jurisdiction over Housing Matter

To ensure the peace, harmony, safety, health and general welfare of Tribal members and those

permitted to enter or reside on lands under the purview of the Housing Authority, and the

efficient resolution of disputes thereon, the Housing Court shall have jurisdiction over the

following:

(a) All lands under the purview of the Housing Authority;

(b) All buildings which may lie upon lands held under the purview of the Housing

Authority;

housing, dwellings or accommodations for the purpose of human dwelling, occupation,

or residence. The Tenant means the lessee(s) or person(s) entitled under a lease or rental

agreement to occupy a dwelling unit or premises to the exclusion of others. Tenant

includes a person who rents a space for a residential structure and persons residing with

that tenant under the terms of the lease or rental agreement. Such personal jurisdiction is

extended over the Housing Authority and said Tenants whether or not they are members

of the Tribe and whether or not they have a place of business within the Reservation;

(d) All contracts, liens, instruments or other agreements to which the Authority is a party;

and

(e) Any act within the Reservation dealing with the subject matter of this Article.

9 S.C.T.C. § 01.06(4) Parties

In the absence of a specific provision in this ordinance or a court order to the contrary, all

Affected Persons, as defined in this ordinance, shall be parties to a Housing Court proceeding.

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(a) In all proceedings before the Housing Court, the Housing Authority shall represent the

interests of the Tribe, which may be through the Executive Director or a designated

representative of the Authority. The Executive Director or a designated representative of

the Authority shall be represented by the Tribal Prosecutor or other Tribal Attorney

appointed by the Tribe to represent its interests before the Housing Court.

(b) Any party to a proceeding under this ordinance may be represented by an attorney or lay

advocate at the party's expense, provided the attorney or lay advocate is admitted to

practice before the Tribal Court.

Housing Court may order, allow, or invite persons other than affected persons to

intervene and participate in any or all phases of the proceeding.

9 S.C.T.C. § 01.06(5) Discovery

(a) Copies of all law enforcement reports, relevant to a proceeding under this ordinance,

including all officers' memoranda and witness statements, shall be made available by the

Tribal Prosecutor, the Housing Authority upon request of a party, or tenant counsel prior

to the initial hearing in any matter.

(b) All records which are relevant to a proceeding under this ordinance, and which are in the

possession of the Housing Authority, shall be open to inspection by tenant counsel upon

demand without release, unless privileged, unless release is required by tribal or federal

law, or unless the records contain statements given under a promise of confidentiality or

contain material the non-disclosure of which is necessary to protect the interests of the

Tribe. If any records are not released to a requesting party, the reason shall be given to the

party, who may ask the Housing Court to review the denial of the request, in which case

the Housing Court may, in its discretion, view the records in camera in order to decide

whether to order the records released. Any party not represented by counsel may have

access to records upon order of the Housing Court, which may be entered ex parte.

Persons entitled to inspect records may obtain copies of them at their expense upon

permission of the Housing Authority or the Housing Court. The Housing Court may

require counsel or parties not to disclose material contained in the records to any other

person if the Housing Court reasonably believes such disclosure would be harmful to the

Tribe.

9 S.C.T.C. § 01.06(6) Informal Disposition

The Executive Director and affected parties may upon mutual consent petition the Housing Court

to institute peacemaking proceedings in any case subject to the provisions of this ordinance.

Peacemaking shall occur pursuant to the direction of the Housing Court under rules and procedures

established, formally or informally, by the peacemaker or peacemakers appointed by the Tribal

Court, provided that at any time that the Executive Director deems it appropriate, proceedings may

be instituted under any other Article of this ordinance.

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9 S.C.T.C. § 01.06(7) Accelerated Proceedings

Notwithstanding any other provision of this ordinance, the Housing Court may, upon proper

notice or waiver of notice, accelerate and combine any of the hearings provided for in this

ordinance. The Housing Court may require the accelerated preparation of any required documents

or may waive the submission of such documents, except that any document required as a

prerequisite to an action may not be waived.

9 S.C.T.C. § 01.06(8) Right of Access to Records

Any party deemed appropriate by the Housing Court, whom has been the subject of a hearing

pursuant to this ordinance, has the right, to review all of the Court’s files on these matters subject

to redaction or the rights of confidentially as required by Tribal or federal law.

ARTICLE VII – ADMISSION AND OCCUPANCY

9 S.C.T.C. § 01.07(1) Rules and Regulations

The Housing Authority shall not promulgate, implement and enforce policies, rules and

regulations regarding the use and occupancy of SCCHA controlled properties without adoption

and codification into Tribal Law by formal action of the St. Croix Tribal Council.

9 S.C.T.C. § 01.07(2) Purpose

The purpose of this Article is to govern the eligibility, selection and operation of the rental

program of the Housing Authority in conformance with Tribal law, the requirements of the

Native American Housing and Self-Determination Act of 1996 (NAHASDA), and those

regulations established at 24 CFR Part 1000. The Housing Authority may enact more stringent

policies and procedures in accordance with providing a safe and healthy environment. All other

admissions policies, resolutions, motions and similar actions pertaining to the Housing Authority

that are inconsistent with the provisions of this ordinance are hereby repealed unless specifically

re-enacted after adoption of this policy. Any ambiguities that may be found during the application

of this Article will always be interpreted in favor of the Housing Authority’s efforts to provide a

safe and healthy living environment.

9 S.C.T.C. § 01.07(3) Special Rules Pertaining to the LIHTC

Special rules may apply to resident’s applying to reside or currently residing in Low Income

Housing Tax Credit Program (“LIHTC”). These units are subject to the requirements of § 42 of

the Internal Revenue Code (as amended) and Chapter 5 of the HUD Handbook § 4350.3 (as

amended).

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9 S.C.T.C. § 01.07(4) Application Fraud

If a family intentionally misrepresents household composition or income at any time in order to

avoid the resulting required monthly payment will be required to pay the difference between

what was paid and what would have been paid during the period in question. Furthermore, any

information provided to the Housing Authority which is subsequently found to be fraudulent, or

an intentional misrepresentation shall be grounds for immediate termination of the lease and

from participation in Housing Authority programs for a period of 5-years and subject to any

possible convictions and sanctions HUD.

9 S.C.T.C. § 01.07(5) Eligibility for Admission

Applicants of the Housing Authority for rental housing must meet the following

requirements:

(a) The family must be a Low-income Family at the time an offer for a housing unit is made

or a Non-Low-income Family as further defined in this ordinance;

(b) The family must be an Indian family, or essential to the well-being of the Tribe and the

need for housing for the family cannot reasonably be met without such assistance; and

(including the minimum rent charge as defined in this ordinance).

9 S.C.T.C. § 01.07(6) Ineligibility for Admission

The Housing Authority shall preclude admission of applicants whose activities, past and present,

reasonably may be expected to have a detrimental effect on the Tenants or the environment of the

Area of Operation. Such behavior would include, but not be limited to:

(a) Disturbances of neighbors, destruction of property, living or housekeeping practices at

prior residence which may indicate an adverse effect to the health, safety or welfare of

other Tenants;

(b) Formerly Evicted Person(s). Any family member who has been evicted from federally

assisted housing in the last five years;

applicant that threatens the health or safety of, or right to peaceful enjoyment of their

premises by other residents of the Reservation or the employees of the Housing Authority,

unless otherwise granted a waiver pursuant to the St. Croix Tribal Pardon and Forgiveness

Code. A violation history as evidenced by a conviction of a crime, of a city or county

ordinance adopting a state criminal statute, or of a tribal ordinance regulating public

safety. Such a history also, as evidenced by an activity which violates this ordinance or

the policies of the Housing Authority, and threatens health, safety, or Tenants’ rights of

peaceful enjoyment;

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(d) A record of disregard of rules of occupancy and rights of others;

(e) The following sections shall apply to convicted sex offenders who are required to register

under tribal, federal, or state law:

ii.

iii.

iv.

No person shall be allowed admission to housing, either as head of household or

other member of a household, who is subject to lifetime registration requirements

under any tribal, federal or state sex offender registration program;

No person shall be allowed admission to housing, either as head of household or

other member of a household, who has ever been subject to registration

requirements under any tribal, federal or state sex offender registration program,

unless the person is granted a waiver pursuant to the St. Croix Tribal Pardon and

Forgiveness Code;

No person shall be allowed admission to housing, either as head of household or

other member of a household, who is currently subject to registration

requirements under any tribal, federal or state sex offender registration program,

unless the person is granted a waiver pursuant to the St. Croix Tribal Pardon and

Forgiveness Code;

All applicants for housing, and any current resident upon request, shall sign a

consent for release of criminal and registration information as a condition for

consideration for housing or continued residency. The Housing Authority shall

verify with tribal, federal, state or local law enforcement authorities that no

member of an applicant’s household is currently or has ever been subject to any tribal,

federal or state sex offender registration requirements prior to approving the

application;

Before any adverse action is taken with respect to an applicant on the basis that

the applicant is or has ever been subject to any sex offender registration

requirements, the Housing Authority shall provide the Tenant or applicant with a

copy of the information and an opportunity to dispute the accuracy and relevance

of that information.

(f) No person shall be allowed admission to housing, either as head of household or other

member of household, who within the past (10) ten years has been convicted of the

illegal manufacture, sale, or distribution of a controlled substance, or possession with

intent to manufacture, sell, or distribute a controlled substance. Unless the person is

granted a waiver pursuant to the St. Croix Tribal Pardon and Forgiveness Code;

(g) No person shall be allowed admission to housing, either as head of household or other

member of household, who within the past (15) fifteen years has had a felony

conviction(s) related to the sale, or distribution of methamphetamine or fentanyl, or

possession with intent to sell, or distribute methamphetamine or fentanyl. Unless the

person is granted a waiver pursuant to the St. Croix Tribal Pardon and Forgiveness

Code;

(h) Persons convicted of methamphetamine production. A person convicted of drug-related

criminal activity for the manufacturing or production of methamphetamine on the

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premises of any federally assisted housing is permanently prohibited admission.

(i) A resident who abandons a unit shall be ineligible to apply for housing for a period of

24 months;

(j) An applicant that has failed to meet their financial obligations, including Court ordered

restitution, to any Indian Housing Agency shall be ineligible until such financial

obligation is paid in full;

(k) The application of a person who has been charged with a crime or ordinance violation

which has not yet reached final disposition and the disposition of which may affect the

person’s eligibility under this Article shall be held open until such disposition is

concluded and shall not be acted upon until that time

(l) Anyone found responsible for insurance claims due to Tenant negligence, damage or misuse of

the property will result in termination of the lease. Any Tenant, member of Tenant’s household,

guest, or another person under the Tenant’s control terminated from a unit under this section

shall be ineligible to apply for housing for a period of 24 months.

9 S.C.T.C. § 01.07(7) Dependents

All dependent(s) listed on the application must be the lawful dependent(s) of the applicant. In the

case of shared physical placement, in order for a dependent child to be counted as a member of the

applicant’s household for eligibility purposes, the applicant must show proof that the applicant

has primary physical placement of the child; that is, that the child lives with the applicant. The

burden of proof is on the applicant/tenant and must be shown by at least one of the following

types of documentation:

(a) An agreement between the parents bearing the notarized signatures of both parents

assigning primary placement of the child to the applicant; or

(b) A court order, certified by the court as currently in effect, assigning primary physical

placement of the child to the applicant.

9 S.C.T.C. § 01.07(8) Application Procedure

(a) Any family may apply for admission to the rental housing program. Families may apply for

both rental and homeownership, but must submit a separate application for each program.

(b) All applications will be dated and time-recorded as received and ranked in accordance

with the Selection Preferences of this ordinance.

verify household composition for determination of eligibility for unit size.

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As a condition of admission to, or continued occupancy of any unit, the Housing

Authority shall require all applicable family members, as requested, to execute a

consent form authorizing the Release of Information. The Housing Authority shall

also require the family to submit the documentation necessary to verify eligibility

or continued occupancy. Information or documentation shall be determined to be

necessary if it is required for purposes of determining or auditing a family’s

eligibility to receive housing assistance, for determining the family’s annual

income or for verifying related information. The use or disclosure of information

obtained for a family or from another source pursuant to this release and consent

shall be limited to Housing Authority purposes.

(d) Utility Check. If applicant has an outstanding utility bill, the applicant can apply and be

placed on the waiting list but cannot be awarded a unit until such financial obligation is

paid in full.

(e) Criminal Background Check. Pursuant to applicable laws and regulations the Housing

Authority will require any applicant and adults who will occupy the home to execute a

consent to a criminal records background check through any Tribal, local, state or federal

law enforcement agency.

(f) Fraud and Misrepresentations. The Housing Authority will notify an applicant in writing

if any misrepresentations of information such as, household composition, other stated facts

or incomplete information are revealed through the verification process. Fraudulent or

intentional misrepresentation of information shall result in a determination of ineligibility

for housing assistance and may also result in the referral to the proper authorities.

9 S.C.T.C. § 01.07(9) Notice to Applicants

(a) Eligible Applicants. When a determination has been made that an applicant is eligible and

satisfies all requirements to be placed on the waiting list the Applicant shall be notified in

writing of their placement on the waiting list.

(b) Ineligible Applicants. If an applicant is determined to be ineligible for admission to a

housing program, the Housing Authority shall promptly notify the applicant.

9 S.C.T.C. § 01.07(10) Waiting List Eligibility

Only applicants determined to be eligible shall be placed on the waiting list. In the event that an

applicant is subsequently found ineligible they may be removed from the waiting list. The

Housing Authority shall promptly notify the applicant of their removal from the waiting list.

9 S.C.T.C. § 01.07(11) Waiting List Ranking

Applications are ranked first by preference points and then by date of application and time of

application pursuant to the following criteria:

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(a) St. Croix Tribal Member:

(Applicant or children of Applicant)

25 Points

(b) Other Indian Applicant:

(Tribal Member of another federally recognized tribe)

10 Points

5 Points

(d) Existing Tenant Transfer Preference:

5 Points

9 S.C.T.C. § 01.07(12) Waiting List Placement

Applicants are advised that placement on the waiting list does not guarantee selection for

housing.

9 S.C.T.C. § 01.07(13) Unit (Bedroom) Size

The waiting list shall be divided according to bedroom size and eligible applicants will be placed

on the appropriate waiting list as determined by the Housing Authority. In determining the size

of the unit required, the Housing Authority will consider the age, sex, structural needs, location,

handicap or disability needs and any other factors deemed appropriate.

(a) While on the waiting list, if a family subsequently requires a different bedroom size, they

will be placed accordingly on the waiting list and will maintain their original application

date.

9 S.C.T.C. § 01.07(14) Waiting List Updates

The waiting list shall be updated as new applicants are approved to be placed on the waiting

list. The waiting list must be published in a location and place that is readily accessible to the

public through either electronic publication or posted in a location that is deemed standard for the

Tribe.

9 S.C.T.C. § 01.07(15) Renewal

Rental applicants are required to update their application at some point within the twelve

(12) month anniversary date of their application. Failure to update the application during the (12)

month period will result in the applicant being removed from the waiting list. The Housing

Authority shall promptly notify the applicant of their removal from the waiting list. This section

shall not apply to homebuyer or other waiting lists.

9 S.C.T.C. § 01.07(16) Selection Procedure

Prior to selection of an applicant, reverification must be made of their continued eligibility for

housing as further defined in the Application Procedure section of the Admissions and Occupancy Article

of this Ordinance

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(a) When a unit becomes available, selections are made by contacting the next person on the

waiting list.

(b) Selected applicants will be notified telephonically or by certified US mail of the

availability of a unit. If all attempts to contact the applicant are unsuccessful and/or there

is no response from the applicant within three (5) business days of receipt of the notice, as

verified by the certified US Mail Delivery of Receipt card, the applicant will be taken off

the Waiting List.

elderly/disabled families. Where there are no eligible elderly/disabled families to fill a

vacancy, the Authority may allow admission of a near elderly family.

(d) Refusal to accept an offer of a housing unit two consecutive documented times will result

in the applicant being removed from the waiting list. The applicant will be promptly

notified in writing that they have refused a unit two consecutive times which resulted in

their removal from the waiting list. The family will be required to submit a new

application to be placed on the waiting list.

(e) In instances when an applicant is selected and the designated Head of Household is a

non-St. Croix enrolled Tribal member but has St. Croix Tribal member children as their

Household, the Head of Household will be required to sign and agree to the terms of a

lease addendum. The lease addendum will clearly stipulate that when there is no longer

St. Croix enrolled members part of their Household composition they will be required to

vacate the unit within 3 months after the Housing Authority has been notified or made

aware of the change, without exception. Furthermore, this provision is not subject to

adjudication, grievance or any other tenant relief defined in this Ordinance.

9 S.C.T.C. § 01.07(17) Pre-Admission Requirements

(a) After selection and applicant acceptance of a rental unit the adult family members will

participate in a mandatory orientation with the Housing Authority staff prior to move-in

which will consist of the following (not necessarily in this order):

ii.

iii.

iv.

Review the terms and conditions of the residential lease agreement;

Review the information utilized to calculate rents and other payments;

Collect the required security deposit;

Sign all forms required by the Housing Authority; and

Review applicable policies of the housing program.

(b) The Housing Authority shall make arrangements for utility services to be placed in the

Tenant’s name after the lease agreement is executed except for utilities paid directly by

the Housing Authority.

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and all required Tenant(s), before the family may be admitted to a unit. One copy shall be

kept in the Tenant’s file and the other given to the Tenant.

LIHTC Program: All adult household members will be required to sign the

LIHTC Lease Addendum acknowledging their understanding of the requirements

of the LIHTC program.

(d) A move-in inspection will be conducted for the purpose of the Tenant identifying any

potential unit deficiencies.

9 S.C.T.C. § 01.07(18) Tenant Financial Obligations and Responsibilities

(a) Monthly Rent.

ii.

iii.

iv.

Due Date. Rent and homebuyer payments are due on or before the 10th day of

each month.

Where and How to Make Payments.

1. Rent payments may be made at the Housing Authority administrative

offices or sent by mail to St. Croix Chippewa Housing Authority,

4456 WI-70, Webster, WI 54893. Cash should not be sent by mail.

2. Payments may be made by cash, money orders, personal checks, or

credit/debit cards.

3. Tenants shall be strongly encouraged to participate in employer

payroll deduction programs so that rent payments are automatically

paid each month.

Rent Calculation. Rent is based upon a family’s annual income minus authorized

deductions; the resulting adjusted income is divided by twelve months which will

be the adjusted monthly income (AMI). The resulting AMI will be multiplied by a

percentage not to exceed 30% but in no instance will the rent be less than $25 per

month.

1. Any rent calculation percentages that are less than 30% will be

subject to Board of Commissioner review and Tribal Council

approval by passage of a formal resolution.

2. Monthly rent shall also consist of other additional monthly charges

assessed by the Housing Authority, as further defined in this

ordinance or other Housing Authority policies.

Anticipated Annual Income. If it is not feasible to anticipate a level of income

over a 12-month period, the income anticipated for a shorter period may be

annualized subject to a redetermination at the end of the shorter period.

1. If a Tenant is employed for a pre-determined length of time (e.g.

teachers), their payments may still be calculated on an annual basis,

with a 12- month calculation, and a monthly charge for each of the

12 months of the year.

Non-Low-Income Family. A family that was low-income at the time of initial

occupancy but subsequently becomes a non-low-income family due to an increase

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vi.

in income may continue to participate in the program in accordance with the

admission and occupancy policies. Such families may continue to participate in the

program subject to the following additional requirements.

1. Non-low-income families cannot receive the same benefits provided

low-income Indian families. The amount of assistance non-lowincome families may receive will be determined as follows:

a. The rent to be paid by a non-low-income family cannot be

less than: (Income of non-low-income family/Income of

family at 80 percent of median income) × (Rental payment of

family at 80 percent of median income) but need not exceed

the fair market rent or value of the unit.

LIHTC Program. The Gross Rent (tenant paid rent plus utility allowance) will not

exceed the LIHTC maximum rent limits established for the counties served by the

SCCHA.

(b) Ceiling Rents. Maximum ceiling rent shall not exceed the Fair Market Rents as published

by HUD and will be subject to Board of Commissioner review and Tribal Council

approval by passage of a formal resolution before implementation.

anniversary of the move-in date. The Housing Authority may conduct a recertification at

any other time that the Housing Authority believes conditions have materially changed

from the last certification or as requested by the Tenant due to a change in household

income or family composition. Recertification may include a re-examination of the

criminal records of all adult members of the household, and of all juvenile members to

the extent allowed by law.

LIHTC Program. Housing Authority shall require all households residing in

LIHTC units to complete recertification paperwork annually.

1. The head-of-household must complete the recertification form to

include all household members and all adult household members

must sign the Release of Information and any other forms required

by the Housing Authority.

2. The Housing Authority shall verify information provided at the time

of recertification in accordance with this ordinance, Verification and

Certification of Family Income and Composition.

(d) Effective Date. All increases in rent or other payments shall take effect on the 1st day of

the second month following the date of the recertification. Decreases in rent will take

effect immediately on the 1st day of the next month.

(e) Housing Authority Purchased Utilities/Sanitation Services. A monthly charge for gas,

electricity, water/sewer and sanitation services shall be assessed for those units which the

Housing Authority pays, as determined by the Housing Authority. Failure to pay these

assessed charges will be cause for eviction.

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(f) Tenant Purchased Utilities. All utilities provided to the unit will be in the name of the

head of household, unless otherwise approved by the Housing Authority. Failure to

maintain the utilities is cause for eviction. Further, the head of household, as the Tenant

of record, will sign a Release of Information for each utility to allow the Housing

Authority to receive utility information on the unit as requested.

(g) Miscellaneous Charges.

ii.

iii.

Late Fees. If payments are not received by the 10th day of the month a late fee, as

determined by the Housing Authority, will be assessed.

Returned Check Fees. If a check is returned for insufficient funds, a fee as

determined by the Housing Authority will be assessed to the Tenant’s accounts

receivable and the Tenant will no longer be able to pay with a personal check for

a period of twelve (12) months. The Tenants name will be place on a bad check

list, which will be placed in a location visible to the general public.

Insurance Related Charges. The Housing Authority will charge the Tenant for any

insurance deductibles or damages to the units which are the result of the Tenant’s

negligence, damages or misuse of the property. The Tenant will be allowed an

appropriate period of time to correct the situation. If the corrective action is not

completed within the appropriate period, eviction proceedings may commence,

unless satisfactory arrangements are made. If negligence, damages or misuse are

repeated, eviction proceedings may commence.

9 S.C.T.C. § 01.07(19) Terms and Conditions of Occupancy

(a) Authorized Residents. Only those persons identified in the lease can reside in the unit.

Additional household members are not authorized without the prior written consent of the

Housing Authority.

(b) Unauthorized Residents. Under no circumstances will the following individuals be

allowed to reside in a Housing Authority unit, temporarily or permanently.

ii.

Formerly Evicted Person. A person who has been evicted from federally assisted

housing may not be given temporary or permanent housing for a period of five

years.

Harboring. A person who is wanted for questioning or for arrest by any law

enforcement agency, or who has escaped or absconded from the custody of any

law enforcement or correctional agency, may not be given temporary or

permanent housing in a unit of the Housing Authority.

not related to criminal or nefarious activity related activities in a Drug Free Public

Housing Zone, the unit shall be assigned to the remaining members of the Tenant family

as identified on the lease unless one of the following circumstances arises.

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ii.

iii.

All of the remaining household members are minor children, the person appointed

legal guardian of the children shall have the right to occupy the unit as head of

household in order to allow the minor children to remain in the unit, provided that

the notice procedures as set forth in this section are followed.

1. Within 30 days of the demise of the head of household, any person

petitioning to be appointed legal guardian and desiring to occupy the

unit with the children shall notify the Housing Authority of the

petition and of the intent to occupy the unit with the children and

shall provide to the Housing Authority a copy of the guardianship

petition.

2. In the event more than one-person petitions for guardianship, any

person awarded temporary guardianship shall have the occupancy

rights stated in this section for as long as the temporary guardianship

lasts, provided the named guardian immediately provides a copy of

the court order to the Housing Authority establishing temporary

guardianship. Finally, the person appointed permanent guardianship

shall immediately provide a copy of the court order to the Housing

Authority.

3. Any person petitioning for guardianship who has provided notice of

an intent to occupy the unit under this section, shall

conscientiously prosecute the guardianship petition so that it is

resolved promptly, and shall apprise the Housing Authority of the

state of the guardianship proceeding upon Housing Authority

request. The Housing Authority may terminate occupancy under

this section if the petitioner fails to comply with the requirements of

the preceding sentence.

In instances where the head of household is a single Tenant, the unit will revert

back to the Housing Authority and all personal property will revert to the

designee as identified on the lease. If there is no designee, the personal property

recipient will be determined through probate action. All personal property must be

removed from the unit within 30 days of the demise by the designee. If not

removed by the designee, the Housing Authority will remove the personal property

to storage. Stored property may be released to the remaining members of the

immediate family by consensus in writing, unless a copy of a probate petition

(involving probate of the personal property) has been served on the Housing

Authority and must be claimed within 30 days. If such a probate petition has been

served, then the Housing Authority will only release the property as ordered by

the court exercising probate jurisdiction. Any storage costs will be applied to the

security deposit.

LIHTC Program. If the appointed Legal Guardian was not a member of the

original household composition at move-in they will be required to income qualify

for the LIHTC unit, i.e. the change in Head of Household will result in the

household being treated as a new “move-in”.

(d) Military Duty. In the event that a Tenant is called to military duty for a period exceeding

thirty (30) days:

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ii.

iii.

The unit will be occupied by the remaining members of the Tenants family;

The unit will be temporarily occupied by a responsible person chosen by the

Tenant and approved in writing by the Housing Authority; or

The Tenant will be responsible for the storage of their personal property during the

absence and the Housing Authority will select a Tenant from the waiting list to

occupy the unit until the original Tenant returns. Upon the return of the original

Tenant, the temporary Tenant will be offered the next appropriate unit when it

becomes available. The original Tenant shall make every possible effort to keep

the Housing Authority informed of their possible return date.

(e) Temporary Absences. The Housing Authority must be notified in writing, and the Tenant

must receive authorization by the Housing Authority of any temporary absences that will

exceed fourteen (14) days. In no instance will a Tenant be allowed an absence to be

longer than thirty (30) days.

(f) Abandonment. If the Housing Authority has declared a unit abandoned, as identified

below, the Housing Authority will secure the unit. If the Housing Authority determines

that waiting for a response from the Tenant will result in potentially significant damage to

its property, the Housing Authority reserves the right to immediately take control of the

unit.

ii.

If the Housing Authority has reasonable cause to believe that the premises have

been vacated, e.g., reports or statements from neighbors, family members,

employers and utility providers, a notice will be sent to the Tenant that the

Housing Authority has cause to believe that the home has been abandoned and to

respond within three days (3 days) of receipt of the notice or the Housing

Authority will terminate the lease and take possession of the premises.

At the end of 3 days, the Housing Authority will send another notice that it has

taken possession of and secured the unit; the lease has been terminated effective

the date of the letter and that any attempt to enter the premises would be

considered trespass. Any possessions remaining in the unit will be removed and

stored at the Tenant’s expense. A move out inspection will be conducted; the

utilities transferred to the Housing Authority, and the Tenant will be charged for

any damages beyond the security deposit.

(g) Transfers.

Transfers from one unit to another shall be allowed when the size of the unit is no

longer appropriate for the size of the family, if the family/household is in

complete compliance with their current lease. The change in household

composition must be permanent or expected to be permanent.

1. If the unit is over-occupied, the Tenant may make application for

transfer which shall be treated as a new application.

2. If the unit is significantly under-occupied, the Authority may offer a

smaller unit to the Tenant, if available, or if agreed to by the tenant,

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ii.

iii.

iv.

place the Tenant on the appropriate waiting list. If the Tenant

refuses to move to a smaller unit and the Housing Authority has

exhausted all other means to remedy the significantly underoccupied circumstance, the Authority may proceed with judicial

assistance that will seek to relocate the tenant to a smaller unit of the

Housing Authority.

Transfers between communities are allowed if the residents can locate another

family with which to “trade” units. The trade must be pre-approved by the

Executive Director, and the occupants must agree to accept the unit in its present

condition.

Prior to allowing a transfer or trade, Resident Services Counselor must inspect the

unit to ensure compliance with the current lease. The Tenant Accounts

Receivables Clerk shall review the Tenant account for compliance.

All families/households transferred, or trading units will be required to execute a

new lease for the unit transferred into.

Existing Tenant Transfer Preference. Existing tenants in good standing may be

given preference points for placement on the waiting list. Tenants deemed

eligible whom desire to utilize this transfer option must fill out an application and

will be placed on the appropriate waiting list. The following criteria must be met

and maintained by the tenant in order to be eligible for this preference:

1. No compliance violations within the past 24 months;

2. No late payments within the past 24 months;

3. No outstanding balances owed to the Housing Authority;

4. No outstanding balances owed to any utility company;

5. No activities in the past 24 months which has prevented other

tenants from the peaceful use of their rental units;

6. Existing rental unit must be first inspected and determined to be in

exceptional condition with only normal wear and tear and no visible

signs of tenant caused damages.

(h) LIHTC Program. Families/Households may transfer to units within an LIHTC project

without having to income qualify. However, if a family/household desires to transfer to a

unit within a different LIHTC project, the household/family will be required to income

qualify in order to be eligible to transfer.

(i) Unit Access/Entry and Inspections. Pursuant to the Housing Authority lease, residents are

required to allow unit access/entry by Housing Authority staff and their authorized

representatives for the following purposes:

Scheduled/Routine Inspections. The Housing Authority is required to perform

inspections of its rental units to ensure that it is maintained in a decent, safe and

sanitary condition pursuant to this ordinance. The frequency of the inspections is

dependent on the particular unit and the associated program requirements. Housing

Authority staff will inform tenants of the inspection frequency requirement during

admission and if and when the interval should change during their tenancy.

Tenants are encouraged to participate in the inspection process and inform staff

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ii.

iii.

of any issues that may have not been addressed by the inspector.

Unscheduled Inspections. The Housing Authority reserves the right to inspect

any unit pursuant to this ordinance, with or without notice, to ensure the unit is

being maintained in a decent, safe and sanitary condition. This shall include and

not limited to suspected lease violations.

Law Enforcement Entry. By entering a lease with the Housing Authority, the

Tenant authorizes the Housing Authority to consent on his or her behalf to any

entry or search of his or her unit, as requested by any law enforcement official,

and agrees to hold harmless the Housing Authority, its officers, employees, and

agents for any harm or damages resulting there-from. Consent on behalf of the

Housing Authority may be granted by the Executive Director, or designee.

(j) General Occupancy Standards/Requirements. The following is not intended to be an

exhaustive all-inclusive list but to be general in nature to ensure that rental units are

maintained by the tenants in a safe and sanitary condition and their actions will not impede

the peaceful enjoyment of Housing Authority residents and communities. Consistent with

the terms of the Residential Lease, any action or inaction by a Tenant, any member of the

Tenant’s household, any guest, or any other person under the Tenant’s control will adhere

to the following provisions:

ii.

iii.

iv.

vi.

Animals or Pets.

1. Tenants must abide by the St. Croix Chippewa Indians of Wisconsin

Regulation of Domestic Animals ordinance.

2. Exotic animals and farm animals are not allowed in any Housing

Authority unit or on the premises of any Housing Authority property

unless approved by the Executive Director.

Operable Vehicles. All vehicles kept on Housing Authority property must be

operable, licensed and parked on the designated driveway or parking area.

Tenants shall not operate or park vehicles on lawns or other areas not designated

as vehicle traffic or parking areas.

Inoperable Vehicles. Inoperable vehicles are not permitted on Housing Authority

properties. Any requests to deviate from this vehicle policy shall be in writing to

the Housing Authority.

ATV’s. Tenants will not operate or allow any member of the household or any

guest to operate an ATV in any manner that is illegal or destroys the Tenant’s

yard or any other Tenant’s yard, grass, ground cover or causes ruts in any yard, or

in any way disturbs the peaceful enjoyment of other Tenants.

Fire Pits. Fire pits must be located at least 20 feet from the exterior perimeter of the

unit and have a protective barrier around the rim no less than 10 inches in height.

Tenant is responsible for making sure that no fires are left unattended and that all

fire is extinguished when not in use. The fire pit cannot be constructed/located in

a manner that would create a potential hazard.

Criminal or Nefarious Activity. Tenancy may be terminated for any activity

engaged in by the Tenant, any member of the Tenant’s household, any guest, or

any other person under the Tenant’s control, regardless of whether such criminal

activity has resulted in a criminal charge or criminal conviction, provided the

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vii.

viii.

ix.

Housing Authority has sufficient evidence to sustain its civil burden of proof in an

eviction action for the following:

1. Threatens the health or safety of other residents or employees of the

Housing Authority or any other person residing in the immediate

vicinity of the premises.

2. Threatens the right to peaceful enjoyment of their premises by other

residents of the Housing Authority or any other person residing in

the immediate vicinity of the premises.

3. Criminal or nefarious activity on or off the premises.

4. Commits vandalism, creates graffiti, or defaces any part of the unit

or any other property on or off the premises.

5. Uses any means, including but not limited to cyber-technology and

social media, sometimes known as “cyber-bullying”, to threaten

anyone with bodily harm, property destruction, libel, invasion of

privacy or exposure of personal information or photographs.

Unit/Property Alterations. Alterations to a rental unit or surrounding property are

prohibited. No alterations shall be done to the unit by the Tenant or for the Tenant

at the Tenant’s request. The Tenant will not make changes to the locks, locking

mechanisms, or any hardware related to the ingress/egress doors in the unit. Any

requests for special alterations must be made to the Housing Authority in writing

and approved by the Housing Authority in writing. All approved alterations will

become and remain the property of the Housing Authority and the tenant will not

be reimbursed for any expenses they may have incurred.

Natural or LP Gas Utilities. Any tampering or attempts to manipulate the gas

tanks, meter, or connections to the unit are strictly prohibited and if attempted will

be grounds for termination of the lease.

Insurance Claims Due to Tenant Negligence, Damage or Misuse of the Property.

Any insurance claims due to Tenant negligence, damage or misuse of the property

will result in termination of the lease. Any Tenant, member of Tenant’s

household, guest, or another person under the Tenant’s control terminated from a

unit under this section shall be ineligible to apply for housing for a period of 24

months.

Business Use of Unit or Premises. No business use of the unit or premises is

allowed without Housing Authority approval in writing. Any approved uses must

not potentially damage the unit or property and must not require alterations to the

unit.

9 S.C.T.C. § 01.07(20) Compliance

The Tenant’s household, guest(s), or any other person under the Tenant’s control are required to

comply with the Residential Lease, the provisions of this ordinance, and other applicable policies

while residing in a unit of the Housing Authority. Failure to adhere to the residential lease and

other applicable policies will result in the Housing Authority initiating the following corrective

measures, up to and including eviction.

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9 S.C.T.C. § 01.07(21) Compliance Procedures

The following procedures will be followed when there is a violation of applicable policies and

lease requirements. The intent of the procedures is to try and encourage tenants to maintain and

treat the Housing Authority property in a manner that ensures the units are not damaged and or a

tenant’s actions infringe upon the peaceful enjoyment of neighboring citizens. If after the

Housing Authority has exhausted all remedies or if the compliance issue is severe enough the

Housing Authority will proceed with eviction. Further, the sequence of the compliance process

may or may not be followed dependent upon the severity of the issue and at the sole discretion of

the Housing Authority. Notification of the following infractions will be in writing, clearly

indicate the reason and will be served upon the tenant either personally, via certified mail or

posted in a conspicuous location on the rental unit. Additionally, the notice will clearly specify

the amount of time allowed to correct the infraction and if not resolved other remedies will be

sought up to and including eviction.

(a) Lease Warning. A warning shall be given for a noncompliance issue that:

ii.

iii.

iv.

vi.

Has the potential of causing damage to the rental unit;

Does not appear to pose an immediate threat to the health and safety of the

tenant(s) or neighboring residents that is from tenant negligence or activities;

Does not immediately impede or disrupt the rights of neighboring citizens to

peacefully use and enjoy their rental unit or private home(s);

Is not considered criminal activity;

Violates the General Occupancy Standards/Requirements contained in this policy;

Violates any provision of the Residential Lease and applicable addendums.

(b) Lease Violation. A violation will be given for a noncompliance issue that:

ii.

iii.

iv.

vi.

vii.

Is a result of a tenant receiving two (2) Warnings within a 12-month period,

regardless of if the warnings are for the same infraction or not;

Is determined to be tenant caused damage to the rental unit;

Poses an immediate threat to the health and safety of the tenant(s) or neighboring

residents that is from tenant negligence or activities;

Tenant negligence, or activities that significantly impedes or disrupts the rights of

neighboring citizens to peacefully use and enjoy their rental unit or private

home(s);

Is considered criminal activity;

Significantly violates the General Occupancy Standards/Requirements contained

in this policy; and/or

Significantly violates any provision of the Residential Lease and applicable

addendums.

The Housing Authority may require a tenant to be placed on a compliance period

for any residential lease and/or policy infractions. The compliance period will be

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ii.

used as a mechanism to ensure the tenant complies with the requirements of the

residential lease and applicable policies as well as an effort to avoid eviction. The

term of a compliance period will be determined by the Housing Authority on a

case-by-case situation considering all relevant issues surrounding the noncompliant issues. In no case will a compliance period be longer than twelve (12)

months.

The tenant will be required to agree to resolve any issues that resulted in the

implementation of the compliance period, remain compliant during the designated

time period and if they shall default, they further agree to waive their rights to any

and all prescribed eviction notification timelines. If the tenant defaults during the

designated time period, the Housing Authority may pursue immediate eviction

proceedings pursuant to this ordinance unless the tenant agrees to vacate the unit

in a mutually agreed upon time. Further, the Housing Authority may perform

unannounced and/or unscheduled inspections during the compliance period

pursuant to this ordinance.

9 S.C.T.C. § 01.07(22) Post Occupancy

This section applies to all vacancy related occurrences.

(a) Move-Out Inspections. The Housing Authority must conduct a move-out inspection

pursuant to this ordinance. A copy of the inspection report with an estimate of charges will

be provided to the Tenant, at the address provided by the former Tenant, no longer than

60 days after the official vacancy date is established.

(b) Security Deposit. The security deposit will be returned in whole or in part to the head of

household or their designee as identified on their lease within ninety (90) days of vacancy

of the unit only after it is determined that no past, current or potential of a future balance

owed to the Housing Authority and all keys, garage door openers are returned. If there is

no head of household or designee, the security deposit recipient will be determined

through official probate action.

left/abandoned by the occupant upon vacancy of the unit:

ii.

iii.

Notify the Tenant or other household member, by certified letter, that items of

property have been left behind and that if not removed within five (5) days of

receipt of the letter, the Housing Authority will remove and store the property.

The property will not be released to the occupant unless removal and storage

charges are paid.

If it appears that the occupant has left the area and other household members as

identified on the lease are unwilling to remove the property, the Housing

Authority will remove and store the property.

Upon placing the property in storage, a certified letter shall be sent to the Tenant at

their last known address advising him/her of the action and what is required for

release of the property. If it is not possible to determine the location of the Tenant to

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send a certified letter, notice shall be accomplished by publication. Property that

has been stored and not claimed within thirty (30) days of the date of receipt of

the notice by the Tenant shall be disposed of by public or private sale to achieve

the greatest feasible value. Any remaining property not sold or having no value

will be disposed of by the Housing Authority at their discretion. Any proceeds

from the sale shall be applied to the costs of removal, storage and any remaining

debts to the Housing Authority left by the former Tenant.

ARTICLE VIII – COLLECTION AND COMPLIANCE POLICY

9 S.C.T.C. § 01.08(1) Purpose

The Housing Authority adopts this collections and compliance Article to identify the

responsibility for payment and collections, and procedures for eviction in the event of

nonpayment. If payments are not made new units cannot be built, existing units cannot be

maintained, and administrative costs cannot be paid. Payments must be paid when due to allow

the Authority to meet its financial obligations on a timely basis.

(a) For the purposes of this Article, rental and homeownership occupants and other families

receiving services will be referred to as “tenants”. This Article shall apply to tenants who

have entered into a lease; homeownership agreement; contract; or any other type of

agreement with the Housing Authority.

(b) This Article only describes the consequences of violating financial obligations and does

not address the policies and procedures that relate to other lease violations.

9 S.C.T.C. § 01.08(2) Collection Notice Timetable

Timetable for Notices Applicable to Rental Programs:

(a) First Notice, If the rent payment is not paid by the 10th day of the month the Housing

Authority shall hand deliver a Notice to Pay Rent or Quit to the tenant or an adult member

of the household. This notice will include the following:

ii.

iii.

iv.

The date of the notice.

The date the rent or homebuyer payment and other charges were due.

Statement of how much is owed the Housing Authority.

A statement of the ramifications of non-payment.

(b) Final Notice. If the rent payment is not paid according to the terms of the First Notice, the

Housing Authority shall hand deliver a Termination of Tenancy Fourteen Day Notice.

This notice will include the following:

ii.

The date of the notice.

The tenancy is being terminated.

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iii.

iv.

Why the tenancy is being terminated.

Statement of who to contact to make payment in full, reach an agreement for

payment, or to make arrangements to vacate the premises.

Statement that failure to comply with this notice will result in legal action to

terminate the lease and for Housing Authority to reclaim the premises.

service of a Fourteen Day Notice is terminated if the tenant has been previously served with

two or more notices of non-payment of rent and the Housing Authority serves on the

tenant a Thirty Day Notice of Termination.

(d) If a tenant has not complied with the financial requirements described in their Dwelling

Lease, the Housing Authority shall hand deliver to the tenant or an adult member of the

household a Thirty Day Notice of Termination. This notice shall contain the following:

ii.

iii.

iv.

vi.

To vacate the premises within 30 days from the date of this notice.

The reason for termination.

Previous notices sent pertaining to this violation.

Failure to vacate the premises within the 30 days, legal action will be taken.

A statement of any right to file a grievance.

The right to examine any relevant documents.

(e) The tenant shall be liable to the Housing Authority for any court costs associated with an

eviction or other legal action brought to enforce a lease, including but not limited to

filing, service, and legal fees.

9 S.C.T.C. § 01.08(3) Collection or Non-compliance Remedies

(a) Tenants with delinquent accounts or who are not in compliance with their Dwelling

Lease Agreement are encouraged to enter into agreements for payment of their delinquent

account or to become in compliance with the requirements of their Dwelling Lease

Agreement. The Housing Authority may negotiate an agreement for non-payment or noncompliance with the tenant as an alternative to termination. The agreement will include an

acknowledgment of the amount owed, the terms of repayment including the date, amount,

and method of payment, other non-compliance issues, along with a default clause in the

event the agreement is breached. The agreement will be signed by the head of household

or spouse as applicable and designated Housing Authority staff. If a tenant presents

credible evidence of hardship that caused or may cause a breach of the agreement, the

Housing Authority will have discretionary authority to renegotiate or reconsider the

agreement. If prior agreements have failed, the Housing Authority may choose not to

reconsider the agreement with the tenant.

(b) Should a tenant violate the terms of their agreement with the Housing Authority, the

Housing Authority shall proceed with proper legal eviction action.

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(d) Failure to make the required monthly payments and/or breach of subsequent payment

agreements and termination of the tenant’s lease agreement will result in suspended

eligibility for future services or benefits offered by the Housing Authority.

(e) Tenants with delinquent accounts will be referred to appropriate counseling and provided

any other available information that may enhance the p

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