# ST. CROIX CHIPPEWA INDIANS OF WISCONSIN (2025)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Ast_croix_chippewa%3A1bcb8d75aa6ec5f1

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

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.

STCCIW Title 9, Chapter 1
Housing Ordinance

1

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
STCCIW Title 9, Chapter 1
Housing Ordinance

2

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
STCCIW Title 9, Chapter 1
Housing Ordinance

3

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
STCCIW Title 9, Chapter 1
Housing Ordinance

4

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

STCCIW Title 9, Chapter 1
Housing Ordinance

5

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;
(c) That these conditions cause an increase in and spread of disease and crime and constitute
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
STCCIW Title 9, Chapter 1
Housing Ordinance

6

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;
(c) Providing employment opportunities through the construction, reconstruction,
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;

STCCIW Title 9, Chapter 1
Housing Ordinance

7

(b) Shall be liberally construed in favor of the Tribe;
(c) Shall not be deemed a limitation or repeal of any other tribal power or authority; and
(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.
(c) Conflicts with Other Laws.
i.

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.

STCCIW Title 9, Chapter 1
Housing Ordinance

8

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:
i.

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.

STCCIW Title 9, Chapter 1
Housing Ordinance

9

iv.
v.
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:
i.

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

STCCIW Title 9, Chapter 1
Housing Ordinance

10

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

STCCIW Title 9, Chapter 1
Housing Ordinance

11

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;

STCCIW Title 9, Chapter 1
Housing Ordinance

12

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
(c) apply. A notice will be published in the Federal Register and
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;

STCCIW Title 9, Chapter 1
Housing Ordinance

13

(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:
i.

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

14

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

15

(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:
i.
ii.
iii.
iv.
v.
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

16

(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

17

(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:
i.
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:
i.
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

18

(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:
i.
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

19

(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

20

(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.
(c) The Housing Authority shall have perpetual succession in its corporate name.
(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:
i.
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

21

iii.

iv.

v.
vi.
vii.
viii.
ix.

x.

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

22

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.
i.

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

23

(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:
i.
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;
or
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.
(c) Obligations of the Housing Authority are declared to be issued for an essential public and
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:
i.
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:
i.

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

24

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:
i.
ii.
iii.

iv.
v.
vi.
vii.
viii.
ix.
x.
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

STCCIW Title 9, Chapter 1
Housing Ordinance

25

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.
i.
ii.
iii.
iv.
v.
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

STCCIW Title 9, Chapter 1
Housing Ordinance

26

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

(c) Organization. The Board of Commissioners shall be organized in accordance with the
following guidelines:
i.

ii.

iii.
iv.
v.

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.
i.

“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

STCCIW Title 9, Chapter 1
Housing Ordinance

27

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.
(c) The Housing Authority shall not construct or operate any project for profit unless
STCCIW Title 9, Chapter 1
Housing Ordinance

28

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:
i.
ii.

iii.

iv.
v.

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.

STCCIW Title 9, Chapter 1
Housing Ordinance

29

(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.
(c) Any contract between the Housing Authority and the Department of Housing and Urban
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.
i.

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
STCCIW Title 9, Chapter 1
Housing Ordinance

30

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).
i.

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;

STCCIW Title 9, Chapter 1
Housing Ordinance

31

(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.
STCCIW Title 9, Chapter 1
Housing Ordinance

32

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.
STCCIW Title 9, Chapter 1
Housing Ordinance

33

(b) Funds Eligible for Investment.
i.
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).

(c) Investments Allowed.
i.
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
STCCIW Title 9, Chapter 1
Housing Ordinance

34

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:
i.

ii.

iii.
iv.
v.

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.

STCCIW Title 9, Chapter 1
Housing Ordinance

35

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.
(c) The Housing Authority shall comply with the appropriate requirements pertaining to
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.
(c) In the event that a Housing proceeding is transferred to the Housing Court from any other
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.
STCCIW Title 9, Chapter 1
Housing Ordinance

36

(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;
(c) The Housing Authority is the entity that rents, leases or allow persons to occupy
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.
STCCIW Title 9, Chapter 1
Housing Ordinance

37

(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.
(c) Upon a showing of good cause, and if the best interests of the Tribe so indicate, the
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.
STCCIW Title 9, Chapter 1
Housing Ordinance

38

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).

STCCIW Title 9, Chapter 1
Housing Ordinance

39

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
(c) All applicants must have sufficient verifiable income to pay basic household expenses
(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;
(c) A history of activity, engaged in by the applicant or any member of the household of the
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;

STCCIW Title 9, Chapter 1
Housing Ordinance

40

(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:
i.
ii.

iii.

iv.

v.

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
STCCIW Title 9, Chapter 1
Housing Ordinance

41

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.
(c) Verification and Certification of Family Composition. The Housing Authority shall
verify household composition for determination of eligibility for unit size.

STCCIW Title 9, Chapter 1
Housing Ordinance

42

i.

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

[Text truncated at 120,000 characters. The full text is on the page linked above.]

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Ast_croix_chippewa%3A1bcb8d75aa6ec5f1. Public record. Not legal advice.