WARM SPRINGS TRIBAL CODE
I. WARM SPRINGS HOUSING POLICY
400.1 Legislative History
400.2 Housing Policies
III. WARM SPRINGS TRIBAL AUTHORITY
400.015 Establishment of Warm Springs Tribal Authority
400.017 Declaration of Need.
400.022 Board of Commissioners
400.26 Annual Report
400.28 Conflict of Interest
400.29 Compliance with Federal Laws
400.30 Related Codes
400.31 Fidelity Bond
400.32 Nonprofitability of Projects
400.034 Tax Exempt Status
400.036 Property Exempt From Judicial Process
400.038 Cooperation of Tribes in Connection with Projects
400.040 Approval by Secretary of the Interior
400.045 Approval of Tribal Council Required
IV. TRIBAL HOUSING DEPARTMENT
400.052 Organization – Executive Director and Staff
400.060 Records, Reports and Audits
400.062 Public Safety
V. TRIBAL WELFARE DEPARTMENT
VI. AMENDMENT OF HOUSING CODE AND PROMULGATION OF REGULATIONS
400.090 Housing Code Amendment
400.095 Promulgation of Regulations
VII. SELECTION OF TENANTS AND PROCESSING OF APPLICATIONS
400.110 Low-Income Housing Eligibility
400.115 Other Housing Eligibility
400.120 Application Procedure
400.125 Occupancy Standards
400.130 Selection Criteria
400.132 Grievances Procedures
VIII. ASSIGNMENT OF HOUSING AND MOBILE HOME COURT LOTS
400.140 Regular Placements
400.145 Dire Emergency Need
400.150 Priority Placement
IX. ESTABLISHMENT AND REVIEW OF RENTAL RATES
400.210 Establishment of Rents
400.215 Review of Rental Rates
X. CONDITIONS OF OCCUPANCY
400.300 Rental Agreement
400.302 Warm Springs Tribal Court Jurisdiction
400.310 Damages, Repair and Maintenance
400.315 Management, Damage and Repair
400.340 Grievance Procedure
400.350 Collection of Rents
XI. TERMINATION OF TENANCY AND EVICTION
400.400 Termination of Tenancy
400.410 Remedies not Exclusive
XII. HOME PURCHASE AND CONSTRUCTION
400.505 Lease Option
400.510 Site Lease
400.515 HUD Mutual Help Home Ownership Program
XIII. BUILDING CODE AND BUILDING PERMITS
400.600 Building Code
400.605 Building Permits
WARM SPRINGS TRIBAL CODE
CHAPTER 400 1
I. WARM SPRINGS HOUSING POLICY
400.1 Legislative History. The Warm Springs Housing Code (WSTC Chapter 400) was originally enacted by the Tribal Council as Ordinance No. 60 on November 4, 1980. Prior to the enactment of Ordinance No. 60 the Tribal Council resolutions, ordinances, and tribal management regulations relating to housing on the Reservation were widely scattered and often inconsistent. The Housing Code was intended to consolidate all of the provisions relating to housing, as well as curing some of the existing problems and adding new provisions. Major amendments were made to the Housing Code on June 7, 1985, by Resolution No. 6920 to bring the Code into compliance with current regulations of the U. S. Department of Housing and Urban Development contained in 24 CFR § 905. Those amendments were required as a part of the Tribes’ participation in HUD Mutual Help Home Ownership Housing Project OR 97B013003. With the passage of Public Law 104-330, the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA), the Tribes now revise and amend the Tribal Code. 24 CFR Section 1000 replaces section 900 and 905 and is the pertinent Federal regulation this Tribal Code applies to for federal funding purposes.
400.2 Housing Policies. The following are the policies of the Tribes relating to housing on the Reservation Community:
- The Tribal Housing Program, including both HUD and tribally owned housing shall be consolidated under one system to govern all housing development and housing activities.
- The Housing Program developed in accordance with the Warm Springs Indian Housing Plan and this Housing Code shall operate on a self-sustaining basis wherein the sale and rental income of the program shall cover the costs incurred in operating the program.
- It shall be the intent of the Community Housing Program to encourage individual ownership of homes by tribal members. The rental program is designed to fill immediate need for those members who are at the time unable to finance the purchase of a home or for other reasons.
- The Housing Program shall provide safe and sanitary housing and encourage the construction of dwellings that conform to the individual needs of the Community.
- The Housing Program shall include provision to provide special housing to meet the needs of senior citizens and handicapped tribal members.
- Privately owned homes, not financed through programs of the Tribal Authority, on the Reservation shall be subject to this Code and the authority of the Tribal Housing Department only insofar as the building permit and code regulations of WSTC 400.600 and WSTC 400.605 apply.
400.10 Definitions. Whenever the following terms are used in the Housing Code, they will have the meaning indicated:
- “Agency office” means the headquarters office of the Warm Springs Agency.
- “Area director” means the Officer in charge of the Area Office of the Bureau of Indian Affairs under which the Warm Springs Agency is placed for administrative purposes.
- “Area of operation” means all areas within the jurisdiction of the Tribes.
- “Assistant Secretary” means the Assistant Secretary of the Interior for Indian Affairs and/or the Deputy Assistant Secretary (D.A.S.) Department of Housing and Urban Development (HUD) through its Office of Native American Programs (ONAP).
- “Federal government” includes the United States of America, the Department of Housing and Urban Development, or any other agency or instrumentality, corporate or otherwise, of the United States of America.
- “Heads of the Household” means those family members who are held responsible and accountable for the family.
- “Homebuyer” means a person(s) who has executed a lease-purchase agreement with the Authority, and who has not yet achieved homeownership.
- “Housing Code” shall mean this Chapter together with all appendices and/or relevant sections of the Warm Springs Tribal Code.
- “Housing Department” means the Housing Department established in accordance with WSTC 400.050 through .062.
- “Executive Director” means that individual appointed to direct and supervise the operations of the Housing Department.
- “Housing 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.
- “Indian Family” means a family whose head or spouse is a person having origins in any of the original peoples of North America, and who maintains cultural identification through Tribal affiliation or community recognition.
- “Warm Springs Indian Housing Plan” means the Indian Housing Plan required by NAHASDA.
- “Obligations” means any notes, bonds, interim certificates, debentures, or other forms of obligation issued by the Authority pursuant to this Chapter.
- “Obligee” includes any holder of an obligation, agent or trustee for any holder of an obligation, or lessor demising to the Authority property used in connection with a project, or any assignee or assignees of such lessor’s interest or any part thereof, and the Federal government when it is a party to any contract with the Authority in respect to a housing project.
- “Persons of Low Income” means persons or families who cannot afford to pay enough to cause private enterprise in their locality to build an adequate supply of decent, safe, and sanitary dwellings for their use.
- “Superintendent” means the superintendent or other officer in charge of the Warm Springs Agency office of the Bureau of Indian Affairs.
- “Tribal Council” means the governing body of the Tribes consisting of eleven members of the Tribes elected in accordance with Article 4, Section 1 of the Tribes’ Constitution approved February 14, 1938; or in accordance with any lawful amendments or revisions made since that time.
- “Tribal Housing” means all housing in which the Tribes has an ownership interest, whether financed by Tribal or Federal funds. Tribal Housing also includes housing in which the Housing Department has made loans, grants, or other cash outlays such as the Demonstration Down Payment Program.
- “Warm Springs Tribal Authority” and “Authority” means the Tribally Designated Housing Entity required by NAHASDA and is body established to develop policies and procedures relating to tribal housing, to give direction to the Executive Director and Tribal Housing Department, and make recommendations to the Tribal Council regarding housing matters.
- “Tribal Housing Program” means the program of planning, developing, constructing and administering the orderly development of housing on the Reservation. The term “Housing Program” as used in this Housing Code shall be synonymous with the term “Tribal Housing Program”.
- “Tribes” means the Confederated Tribes of the Warm Springs Reservation of Oregon.
III. WARM SPRINGS TRIBAL AUTHORITY
400.015 Establishment of Warm Springs Tribal Authority. There is hereby established a public body known as the Warm Springs Tribal Authority. In any suit, action or proceeding involving the validity or enforcement of or relating to any of its contracts, the Authority shall be conclusively deemed to have become established and authorized to transact business and exercise its power upon proof of the adoption of this Chapter. A copy of the Ordinance duly certified by the Secretary-Treasurer of the Tribal Council shall be admissible in evidence in any suit, action or proceeding.
400.17 Declaration of Need. It is hereby declared:
- That there exists on the Confederated Tribes of the Warm Springs Reservation of Oregon unsanitary, unsafe, and overcrowded dwelling accommodations; that there is a shortage of decent, safe and sanitary dwelling accommodations available at rents or prices which persons of low income can afford; and that such shortage forces such persons to occupy unsanitary, unsafe and overcrowded dwelling accommodations.
- That these conditions may tend to 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.
- That the shortage of decent, safe and sanitary dwellings for persons of low income cannot be relieved through the operation of private enterprises.
- 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.
- That residential construction activity and a supply of acceptable housing are 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 developments at lower costs will make possible a more stable and larger volume of residential construction and housing supply which will assist materially in achieving full employment.
- That the necessity in the public interest for the provisions hereinafter enacted is hereby declared as a matter of legislative determination.
400.20 Purpose. The Tribal Authority shall be organized and operated for the purposes of:
- Remedying on the Reservation unsafe or unsanitary housing conditions, that are public nuisances or hazardous to the public health.
- Alleviating the acute shortage of decent, safe and sanitary dwellings for persons of low income;
- Providing employment opportunities on the Reservation through the construction, reconstruction, improvement, extension, alteration or repair and operation of dwellings.
- Developing policy and giving direction regarding tribal housing matters by ensuring the Warm Springs Indian Housing Plan, consistent with all Tribal Laws, policies, procedures and other pertinent documents, is developed. The policies established will apply uniformly to all housing on the Reservation, whether financed by the Department of Housing and Urban Development or otherwise, except as specifically noted in the Housing Code.
400.22 Board of Commissioners.
- The affairs of the Authority shall be managed by a Board of Commissioners composed of five persons. A Board of Commissioners (“Board”) composed of five persons shall manage the affairs of the Authority.2
- The Board members shall be appointed, and may be reappointed, by the Tribal Council. A certificate of the Secretary-Treasurer of the Tribal Council as to the appointment or reappointment of any commissioner shall be conclusive evidence of the due and proper appointment of the commissioner.
- A commissioner may be a member or nonmember of the Tribes, and may be a member or nonmember of the Tribal Council.
- No person shall be barred from serving on the Board because he/she is a tenant or homebuyer in a housing project of the Authority; and such commissioner shall be entitled to fully participate in all meetings concerning matters that affect all of the tenants or homebuyers, even though such matters affect him/her as well. However, no such commissioner shall be entitled or permitted to participate in or be present at any meeting (except in his capacity as a tenant or homebuyer), or to be counted or treated as a member of the Board, concerning any matter involving his individual rights, obligations or status as a tenant or homebuyer. No employee of the Tribal Housing Department may be a member of the Board.
- The term of office shall be four years and staggered: When the Board is first established one member’s term shall be designated to expire in one year, two members’ terms shall expire in two years, two members’ terms shall expire in three years, and the last two members’ terms shall expire in four years. Thereafter all appointments shall be for four years, except that in the case of a prior vacancy, an appointment shall be only for the length of the unexpired term. Each member of the Board shall hold office until his successor has been appointed and has qualified.
- The Board shall elect from its members a Chairman of the Board. The Board shall elect from among its members a Vice-Chairman, and a Secretary, and a Treasurer; and any member may hold two of these positions. In the absence of the Chairman, the Vice-Chairman shall preside; and in the absence of both the Chairman and Vice-Chairman the Secretary-Treasurer shall preside.
- A member of the Board may be removed by the appointing power for serious inefficiency or neglect of duty, for misconduct in office, or serious health/mental problems, but only after a hearing before the appointing power and only after the member has been given a written notice of the specific charges against him/her at least 10 days prior to the hearing. At any such hearing, the member shall have the opportunity to be heard in person or by counsel and to present witnesses in his/her behalf. In the event of removal of any Board member, a record of the proceedings, together with the charges and findings thereon, shall be filed with the appointing power and a copy thereof sent to the appropriate office of the Department of Housing and Urban Development.
- Commissioners may receive a stipend for their performance of duties to be set by the Commission and reviewed by HUD and to be paid from federal funds.
- A majority of the full Board (i.e., notwithstanding the existence of any vacancies) shall constitute a quorum for the transaction of business, but no board action shall be taken by a vote of less than a majority of such full Board.
- The Board shall designate a Recording Secretary and the Recording Secretary shall keep complete and accurate records of all meetings and action taken by the Board.
- The Executive Director shall keep full and accurate financial records, make periodic reports to the Board and submit a complete annual report, in written form, to the Council as required by WSTC 400.026. The Executive Director shall be bonded in such amount as is prescribed by the Council or by any agreement to which the Authority is a party.
- The Board shall have authority to exercise, by majority vote of those present and voting, any and all powers delegated to the Authority by this Housing Code or any amendments thereto, except as provided in WSTC 400.025(5)(a) for the adoption of obligation resolutions.
- Meetings of the Board shall be held at regular intervals as designated by the Chairman of the Board. Emergency meetings may be held upon 24 hours’ actual notice and business transacted, provided that a quorum of the Board concur in the proposed action.
- Board members are expected to meet minimum attendance requirements for meetings. Failure to meet the following minimum attendance requirements shall be deemed a resignation by the Board member and the Board may, at its option, accept such constructive resignation and request the Tribal Council to fill the vacancy: (a) Failure to attend three consecutive regular meetings.(b) Failure to attend at least 75 percent of all regular meetings held in a calendar year.
- The Authority shall have perpetual succession in its corporate name.
- The Tribal Council hereby gives its irrevocable consent to allowing the Authority to sue and be sued in its corporate name, upon any contract, claim or obligation arising out of its activities under this Chapter and hereby authorizes the Authority to agree by contract to waive any immunity from suit which it might otherwise have; but the Tribes shall not be liable for the debts or obligations of the Authority.
- The Authority shall have the following powers which it may exercise consistent with the purposes for which it is established: (a) To use a corporate seal. (b) 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. (c) To agree, notwithstanding anything to the contrary contained in this Chapter 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 maximum hours of labor, and comply with any conditions which the Federal government may have attached to its financial aid to the project. (d) To obligate itself, in any contract with the Federal government for annual contributions to the 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 Authority is subject; and such contract may further provide that in 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 Authority the project as then constituted. (e) To lease property from the Tribes and others for such periods as are authorized by law, and to hold and manage or to sublease the same. (f) 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 WSTC 400.025. (g) To pledge the assets and receipts of the Authority as security for debts; and to acquire, sell, lease, exchange, transfer or assign personal property or interests therein. (h) To purchase land or interest in land or take the same by gift; to lease land or interests in land to the extent provided by law. (i) To undertake and carry out studies and analyses of housing needs, to prepare housing needs assessments, 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. (j) With respect to any dwellings, accommodations, lands, buildings or facilities embraced within any project (including individual cooperative or condominium units); 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 such further rules and regulations as the Board may deem necessary and desirable to effectuate the powers granted by this Chapter. (k) To finance purchase of a home by an eligible homebuyer in accordance with regulations and requirements of the Department of Housing and Urban Development. (l) 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. (m) To establish income limits for admission that insure that dwelling accommodations in a housing project shall be made available only to persons of low income. (n) To purchase insurance from any stock or mutual company for any property or against any risk or hazards. (o) To invest such funds as are not required for immediate disbursement. (p) To establish and maintain such bank accounts as may be necessary or convenient. (q) To employ an Executive Director, technical and maintenance personnel and such other officers and employees, permanent or temporary, as the Authority may require’ and to delegate to such officers and employees such powers or duties as the Board shall deem proper. (r) To take such further actions as are commonly engaged in by public bodies of this character as the Board may deem necessary and desirable to effectuate the purposes of the Authority. (s) To join or cooperate with any other public housing agency or agencies operating under the laws or ordinances of a state or another tribe in the exercise, either jointly or otherwise, of any or all of the powers of the Authority and such other public housing agency or agencies for the purposes of financing (including but not limited to the issuance of notes or other obligations and giving security therefor), planning, undertaking, owning, constructing, operating or contracting with respect to a housing project or projects of the Authority or such other public housing agency or agencies, so joining or cooperating with the Authority, to act on the Authority’s behalf with respect to any or all powers, as the Authority’s agent or otherwise, in the name of the Authority or in the name of such agency or agencies. (t) To adopt such bylaws as the Board deems necessary and appropriate.
- It is the purpose and intent of this Chapter to authorize the Authority to do any and all things necessary or desirable to secure the financial aid or cooperation of the Federal government in the undertaking, construction, maintenance or operation of any project by the Authority.
- No ordinance or other enactment of the Tribes with respect to the acquisition, operation, or disposition of tribal property shall be applicable to the Authority in its operations pursuant to this Chapter.
- The 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 Authority may issue such types of obligations as it may determine, including obligations on which the principal and interest are payable: (a) 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; (b) 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 (c) From its revenues generally. Any such obligations may be additionally secured by a pledge of any revenues of any project or other property of the Authority.
- Neither the commissioners of the Authority nor any person executing the obligations shall be liable personally on the obligations by reason of issuance thereof.
- The notes and other obligations of the Authority shall not be a debt of the Tribes and the obligations shall so state on their face.
- Obligations of the Authority are declare 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 Tribes. The tax exemption provisions of this chapter shall be considered part of the security for the repayment of obligations and shall constitute, by virtue of this Chapter and without necessity of being restated in the obligations, a contract between (a) the Authority and the Tribes, and (b) the holders of obligations and each of them, including all transferees of the obligations from time to time.
- Obligations shall be issued and sold in the following manner: (a) Obligations of the Authority shall be authorized by a resolution adopted by the vote of a majority of the full board and may be issued in one or more series. (b) 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, and be subject to such terms of redemption, with or without premium, as such resolution may provide. (c) The obligations may be sold at public or private sale at not less than par. (d) In case any of the commissioners of the Authority whose signatures appear on any obligations cease to be commissioners before the delivery of such obligations, the signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if the commissioners had remained in office until delivery.
- Obligations of the Authority shall be fully negotiable. In any suit, action or proceeding involving the validity or enforceability of any obligation of the Authority or the security therefor, any such obligation reciting in substance that it has been issued by the Authority to aid in financing a project pursuant to this ordinance shall be conclusively deemed to have been issued for such purpose, and the project for which such obligation was issued shall be conclusively deemed to have been planned, located and carried out in accordance with the purposes and provisions of this Chapter.
- In connection with the issuance of obligations or incurring of obligations under leases and to secure the payment of such obligations, the Authority, subject to the limitations in this ordinance, may: (a) Pledge all or any part of its gross or net rents, fees or revenues to which its right then exists or may thereafter come into existence. (b) Provide for the powers and duties of obligees 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. (c) Covenant against pledging all or any part of its rents, fees and revenues 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. (d) Covenant with respect to limitations on its right to sell, lease or otherwise dispose of any project or any part thereof. (e) Covenant as to the obligations to be issued and as to the issuance of such obligations in escrow or otherwise, and as to the use and disposition of the proceeds thereof. (f) Provide for the replacement of lost, destroyed or mutilated obligations. (g) Covenant against extending the time for the payment of its obligations or interest thereon. (h) Redeem the obligations and covenant for their redemption and provide the terms and conditions thereof. (i) 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. (j) 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. (k) 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 obligations the holders of which must consent thereto, and the manner in which such consent may be given. (l) 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. (m) Covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition or obligation. (n) 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. (o) 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. (p) Exercise all or any part or combination of the powers granted in this section. (q) Make covenants other than and in addition to the covenants expressly authorized in this section, of like or different character. (r) Make any covenants and do any acts and things necessary or convenient or desirable in order to secure its obligations, or, in the absolute discretion of the Authority, tending to make the obligations more marketable although the covenants, acts or things are not enumerated in this section.
400.26 Annual Report. The Authority shall direct the Tribal Housing Department to prepare a detailed annual report and shall submit the annual report signed by the Chairman of the Board, to the Tribal Council showing (a) a summary of the year’s activities, (b) the financial condition of the Authority, (c) the condition of the properties, (d) the number of units and vacancies, (e) any significant problems and accomplishments, (f) plans for the future, and (g) such other information as the Authority or the Tribal Council shall deem pertinent.
400.28 Conflict of Interest. During his/her tenure and for one year thereafter, no commissioner, officer or employee of the Authority, or any member of any governing body of the Tribes, or any other public official who exercises any responsibilities or functions with regard to the project, shall voluntarily acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, or in any contract or proposed contract relating to any project, unless prior to such acquisition he/she discloses his/her interest in writing to the Authority and such disclosure is entered upon the minutes of the Authority, and the commissioner, officer or employee shall not participate in any action by the Authority relating to the property or contract in which they he/she has any such interest. If any commissioner, officer or employee of the Authority involuntarily acquires any such interest prior to appointment or employment as a commissioner, officer or employee, the commissioner, officer or employee, in any such event, shall immediately disclose his/her interest in writing to the Authority; and such disclosure shall be entered upon the minutes of the Authority, and the commissioner, officer or employee shall not participate in any action by the Authority relating to the property or contract in which he/she has any such interest. Any violation of the foregoing provisions of this section shall constitute misconduct in office. This section shall not be applicable to the acquisition of any interest in obligations of the Authority issued in connection with any project, or to the execution of agreements by banking institutions for the deposit or handling of funds in connection with a project or to act as trustee under any trust indenture, or to utility services the rates for which are fixed or controlled by a governmental agency, or to membership on the Board as provided in Section WSTC 400.022(4).
400.29 Compliance with Federal Laws. 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 land requirements prescribed from time to time by the Federal government, and consistent with applicable tribal laws, in connection with such assistance.
400.30 Related Codes. All projects of the Authority shall be subject to the Tribal Comprehensive Plan, the Tribal Sanitation Code, the Tribal Water Code, and the current editions of the Uniform Building Code, Uniform Housing Code, National Electrical Code, Uniform Plumbing Code, Uniform Fire Code, and Life Safety Code, the Northwest Energy Code.
400.31 Fidelity Bond. The Authority shall obtain or provide for the obtaining of adequate fidelity bonds for persons handling cash, or authorized to sign checks or certify vouchers.
400.32 Nonprofitability of Projects. The Authority shall not construct or operate any project for profit.
400.034 Tax Exempt Status. With respect to projects financed by the Department of Housing and Urban Development and such other projects as the Tribal Council may designate by resolution, the property of the Authority is declared to be public property used for essential public and governmental purposes and such property and the Authority are exempt from all taxes and special assessments of the Tribe.
400.036 Property Exempt From Judicial Process. All property including funds acquired or held by the 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 Authority to be a charge or lien upon such property. However, the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by the Authority on its rents, fees, or revenues or the right of the Federal government to pursue any remedies conferred upon it pursuant to the provisions of this Chapter or the right of the Authority to bring eviction actions in accordance with WSTC 400.405.
400.38 Cooperation of Tribes in Connection with Projects.
- With respect to projects financed by the Department of Housing and Urban Development and such other projects as the Tribal Council may designate by resolution, for the purpose of aiding and cooperating in the planning, undertaking, construction or operation of projects, the Confederated Tribes agree that: (a) It will not levy or impose any real or personal property taxes or special assessments upon the Authority or any project of the Authority. (b) It will furnish or cause to be furnished to the Authority and the occupants of projects all services and facilities of the same character and to the same extent as the Tribes furnishes from time to time without cost or charge to other dwellings and inhabitants. (c) It will, insofar as it may lawfully do so, grant such deviations from any present or future building or housing codes of the Tribes 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 of such project and the surrounding territory. (d) 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. (e) 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 the appropriate courts. (f) The Tribal Courts shall have jurisdiction to hear and determine an action for eviction of a tenant or homebuyer. The Tribal Government hereby declares that the powers of the Tribal Courts shall be vigorously utilized to enforce eviction of a tenant or homebuyer for nonpayment or other contract violations.
- The provisions of this section 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 (a) the project is owned by a public body or governmental agency and is used for low income housing purposes, (b) any contract between the 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, or (c) any obligations issued in connection with such project or any monies due to the Department of Housing and Urban Development in connection with such project remain unpaid, whichever period ends the latest. If at any time title to, or possession of, any project is held by any public body or governmental agency authorized by law to engage in the development or operation of low income housing including the Federal government, the provisions of this section shall inure to the benefit of and be enforced by such public body or governmental agency.
400.040 Approval by Secretary of the Interior. With respect to any financial assistance contract between the Authority and the Federal government, the Authority shall obtain the approval of the Secretary of the Interior or his designee.
400.045 Approval of Tribal Council Required. The Authority shall not enter into any contract or agreement or commit any funds or tribal property without prior Tribal Council approval. All such acts shall be in accordance with the Tribal Constitution.
IV. TRIBAL HOUSING DEPARTMENT
400.50 Purpose. The Tribal Housing Department shall have the following purposes:
- It shall implement and administer the policies and directives established by the Tribal Council. The policies shall be implemented and administered uniformly as to all housing on the Reservation, except as may be specifically provided in the Housing Code.
- It shall promulgate rules and regulations to accomplish the administration of its purposes.
- It shall administer the operation of all Tribal Housing programs and protect the interest of the Tribes in the programs.
400.52 Organization – Executive Director and Staff.
- Executive Director. The Executive Director shall be the head of the Tribal Housing Department. The Executive Director shall report directly to the Board and shall work in close cooperation with the Secretary-Treasurer and Chief Operating Officer and assist applicants for housing in the preparation of applications and other papers. The Executive Director will, upon request, advise the Authority and applicants of the conformance and nonconformance of the provisions of this Housing Code. The Executive Director or his designee will attend all meetings of the Authority and will advise the Authority of actions necessary. The Executive Director will be responsible to insure that the bookkeeping, clerical work, records, reports, securing of required forms, filing, recording and administrative details necessary for the proper operation of the Tribal Housing Program are handled correctly. The Executive Director will be responsible to insure that minutes are kept of meeting of the Authority by the Recording Secretary and that all actions and authorizations are adequately reflected in the minutes. The Executive Director shall take all steps necessary to insure the financial stability of the Tribal Housing Program.
- Staff. The staff of the Tribal Housing Department shall be under the direct supervision of the Executive Director. The staff may consist of both full time and part time employees.
400.54 Powers. The Tribal Housing Department shall have the following powers:
- To accept and process applications for tribal housing rentals and lease option homes.
- In conjunction with the contracting offices, to supervise, conduct and monitor all repair, maintenance, construction, and alteration of tribal housing.
- To initiate all necessary actions needed to protect the interests of the Tribes and Tribal Housing Program.
- To collect and monitor the receipt of all income and other monies from Tribal Housing Program.
- In conjunction with the contracting offices, to disburse all funds necessary for the construction, maintenance, repair and alteration of tribal housing.
- To initiate eviction or rent collection proceedings in Tribal Court for causes specified in WSTC 400.400.
400.056 Compensation. The compensation for the services of the Executive Director and his staff shall be paid from Tribal funds and reflected as an expense against the Housing Program. All other necessary expenses of the Tribal Housing Program shall be paid from housing funds, except for capitalized expenditures authorized by the Tribal Council. The Tribal Executive Director shall present to the Tribal Council for approval a budget for each year of the Tribal Housing Department.
400.058 Depository. Deposits of Housing funds shall be made in accordance with Tribal Housing Department and/or Department of Housing and Urban Development Regulations.
400.060 Records, Reports and Audits. Records and accounts will be maintained in a manner and in accordance with an accounting system satisfactory to the Tribal Controller and the Superintendent. Reports will be submitted to the Tribal Council, Secretary/Treasurer, and the Superintendent at the close of the Tribes’ Fiscal year. An annual audit of the Tribes’ Housing Operation will be made as of December 31 each year and will contain information the Secretary/Treasurer deems essential.
400.062 Public Safety. The Tribal Housing Department shall work in coordination with the Health Advisor in the implementation and enforcement of the Health and Sanitation Ordinance No. 54.
V. TRIBAL WELFARE DEPARTMENT
400.070 Authority. The Tribal Social Services Program shall have management authority over dwelling units designated by the Tribal Housing Department as “Senior Citizen’s Housing” and “Handicapped Housing”.
400.072 Operation. Units in the Senior Citizen’s and Handicapped Housing Program shall be governed by all provisions of this Housing Code, except that the Supervisor of the Senior Services Program shall administer the operation of the Senior Citizen and Handicapped Housing Program rather than the Executive Director and shall have the authority to promulgate regulations to that end. The Health Branch Manager and the Secretary/Treasurer will approve such regulations. The Supervisor of the Senior Services Program shall forward all approved regulations to the Housing Department for distribution and inclusion in the Housing Code.
VI. AMENDMENT OF HOUSING CODE AND PROMULGATION OF REGULATIONS
400.090 Housing Code Amendment. Amendment of the Housing Code shall be by Tribal Council Resolution. Interested persons, organizations, or departments may present proposed amendments to the Executive Director. The Executive Director shall solicit comments from interested Tribal Departments and shall forward the proposed amendment to the Tribal Council for action with the recommendations of the Tribal Housing Department and the Authority. The amendment shall be drafted in a form that will facilitate insertion into the Housing Code.
400.095 Promulgation of Regulations. Tribal departments charged with carrying out activities under the Housing Code may promulgate regulations to implement the Housing Code.
Those regulations shall be submitted to the Executive Director who will review them and forward them to the Secretary-Treasurer via the Chief Operations Officer (COO) with recommendations for final approval or disapproval. The Secretary-Treasurer shall have final authority to approve or disapprove regulations.
VII. SELECTION OF TENANTS AND PROCESSING OF APPLICATIONS
400.105 Non-Discrimination. It is the policy of this Tribe to comply with the Indian Civil Rights Act provisions relating to non-discrimination.
400.110 Low-Income Housing Eligibility. To be eligible for admission to low income housing, an applicant must meet the following requirements:
- The applicant must qualify as an Indian family.
- The family income shall not exceed levels designated by the Tribal Housing Department through regulation at the time of admission. The Tribal Authority shall by resolution direct the Housing Department to make such changes from time to time as may be required by HUD including but not limited to changes in rent calculation.
400.115 Other Housing Eligibility.
- Priority Admissions. The Tribal Housing Department shall establish by regulation categories for priority admissions to tribal housing, other than low- income tribal housing. If, after admission to tribal housing under a priority classification, the occupant through a change of circumstances no longer qualifies for housing under that priority classification the occupant may be required to vacate the tribal housing upon 30 days’ notice by the Tribal Housing Department. The occupant shall have the affirmative duty to inform the Tribal Housing Department of any such change in circumstances within five days’ of their occurrence.
- All other tribal members will be eligible for tribal housing on a first come, first served basis for the appropriate size dwelling unit. The Tribal Housing Department shall be notified by the tribal member of any change in family composition within five (5) days of such change.
- Nontribal members will be considered in accordance with their job requirements.
400.120 Application Procedure.
- Applications for housing and mobile home spaces shall be prepared on forms provided by the Tribal Housing Department.
- The application is the basic record of each family applying for admission. Therefore, each applicant will be required to furnish information that is called for on the application for admission attesting to the data provided. Each application will reflect the date and time received. The application, together with all other materials relating to the family’s eligibility, priority and preference rating, etc., are to be maintained in an active file for each applicant not classified as ineligible or withdrawn.
- The Tribal Housing Department will promptly notify any applicant determined to be ineligible for admission to a project of the basis for such determination and will provide the applicant, upon request, within a reasonable time after the determination is made, with an opportunity for an informal hearing with the Executive Director or his designee on such determination.
- When a determination has been made that an applicant is eligible and satisfied all requirements for admission, including the tenant selection criteria, the applicant will be notified of the approximate date of occupancy if this date can be reasonably determined.
- Applicants and tenants are required to furnish proof of their statements to insure accuracy. Certification by applicants will normally be considered sufficient verification of family composition, housing conditions, and need. In instances where family income is relevant, the family income will be verified and documented at the time of admission and will be reexamined by the Tribal Housing Department annually. In such cases the Tenant must immediately notify the Tribal Housing Department of any increases or decreases in family income.
400.125 Occupancy Standards.
- Dwellings are to be leased in accordance with the occupancy standards set forth below. These standards are based on the assumption that each bedroom will accommodate two persons. In the event units are leased containing bedrooms, which are not large enough for two persons, or which will adequately accommodate more than two persons, appropriate adjustment will be made in the application of the standard.When it is found that the size of the dwelling is no longer suitable for the family, the family may be required to move to a dwelling of appropriate size. These minimum and maximum limits may be waived when necessary to make temporary use of available vacant units or to house families in urgent need. Number of Bedrooms Minimum Number of Persons Maximum Number of Persons 0 1 1 1 1 2 2 2 4 3 4 6 4 6 8 5 8 10 6 10 12
- Dwellings are to be assigned so that it will not be necessary for persons of the opposite sex, other than husband and wife, to occupy the same bedroom, except that, if necessary at the time of admission, two children of the opposite sex under four years of age may occupy the same bedroom. At admission, one child under two years of age may be permitted to occupy the parents’ bedroom, and, if necessary for continued occupancy, one child under four years may be permitted to occupy the parents’ bedroom.
- Dwellings will be assigned so as not to require the use of the living room for sleeping purposes, except in zero bedroom units.
- Every family member, regardless of age, is to be counted as a person. An unborn child will not be counted as a person.
400.130 Selection Criteria.
- The following relevant information regarding habits or practices may be considered in the determination of eligibility: (a) The applicant’s past performance in meeting financial obligations, especially rent. (b) A record of disturbance of neighbors, destruction of property, or living or housekeeping habits at prior residences which may adversely affect the health, safety or welfare of other tenants. (c) A history of criminal activity involving crimes of physical violence to persons or property and other criminal acts which would adversely affect the health, safety or welfare of other tenants.
- In the event of the receipt of unfavorable information with respect to an applicant, consideration shall be given to the time, nature, and extent of the applicant’s conduct and to factors which might indicate a reasonable probability of favorable future conduct or financial prospects. In addition, these tenant selection policies will not automatically deny admission to a particular group or category of otherwise eligible applicants such as unwed mother’s families with children born out of wedlock.
400.132 Grievances Procedures. Any person denied housing or that is unsatisfied with the application of any section of this chapter shall be entitled to present a grievance pursuant to the procedures set forth in WSTC 400.340, provided that the grievance is made within 10 working days of the act or omission providing the basis for the grievance.
VIII. ASSIGNMENT OF HOUSING AND MOBILE HOME COURT LOTS
400.135 General. The Tribal Housing Department will make assignments of tribal, and HUD housing rental units, tribal lease/purchase option housing units, and the tribal mobile home court on the Warm Springs Reservation in accordance with the considerations contained in WSTC 400.140 through 400.150.
400.140 Regular Placements.
- Regular Units. Housing assignments into Warm Springs Reservation, HUD & tribal housing units will be made on a first come first served basis in accordance with: (a) Availability of housing. (b) Date of housing application. (c) Housing Need. When legal custody of children may be questionable, the Tribal Housing Department shall receive documentation from the Tribal Court, or the applicant’s caseworker for verification of family composition. (d) Ability to pay. (e) HUD policy when the assignment is to be made into a HUD unit.
- Issuance of keys. Tenants assigned into tribal & HUD housing rental units will be issued keys for their newly assigned unit only after definite assurance that they will contact the power company to have power usage charges charged to the correct tenant.
- Notice to Vacate. Tenants in housing units administered by the Tribal Housing Department who plan to vacate their unit shall notify the Tribal Housing Department of their intent to vacate in accordance with provisions in their lease.
- Housing Application List. The Tribal Housing Department shall officially update the housing application list on a regularly scheduled basis, two times a year during the months of January and June. Applicants whose names are deleted from the list shall be notified via certified mail, return receipt requested sent to their
last known address of the removal of their name from the housing application list.
- Reassignment of Rental Units. (a) Tribal Housing Department tenants, who request placement into another rental unit, must have their accounts receivable with the Tribal Housing Department paid in full in order to be considered as eligible for reassignment into another rental unit under Tribal Housing Department management. (b) Housing reassignments will be made in accordance with size of dwelling unit needed to accommodate the number of household members.
- Lease/Purchase Option Units. See WSTC 400.505.
- Tribal Mobile Home Court. Assignment of a lot in the Warm Springs Tribal Mobile Home Court shall be subject to: (a) Availability of a mobile home court space. (b) Size of lot needed. (c) Ability to pay.
- Additional Structures. Construction of structures which are to serve as room, porch, and/or carport additions to mobile home units, and the placement of storage buildings & other structures must meet standards adopted by the Confederated Tribes, and must be approved by the Tribal Housing Department prior to construction, or placement in lots at the Tribal Mobile Home Court.
- Reserved Lots. Vacant mobile home court lots may be held in reserve for a prospective tenant for a maximum of thirty days. Monthly rent must be paid for vacant lots held in reserve in excess of thirty days.
- Liens. Liens of mobile homes located in the tribal mobile home court shall be subject to tribal court approval.
400.145 Dire Emergency Need.
- Priority placement into tribal housing will be given on an emergency basis. Emergency conditions are caused by loss of a currently occupied dwelling unit due to sudden disasters, or unavoidable circumstances such as: (a) Fire. (b) Flood. (c) Unbearable, substandard living conditions caused by loss of heat during extreme cold weather. (d) Clearance Projects. Priority housing assignments from clearance projects will be made only for the main household head, and his or her family, into one housing unit. (e) Other. Unplanned destruction, or major damage of dwelling unit.
- The number of emergency priority housing assignments will not exceed the number of dwelling units lost.
- A Tribal Social Services official from the Tribal Health & Welfare Committee, or the Tribal Welfare Department, must affirm the need for housing for cases which are to be recipients of tribal health & welfare assistance. Also, the Housing Department should receive from the department providing such assistance, a schedule of the amounts of payments to be paid, and an estimate of the time a dwelling unit will be needed for emergency usage.
400.150 Priority Placement.
- Housing priority assignment considerations include: (a) Medical Factors. The Housing Department must receive: (i) A regular housing application for the party in need of housing. (ii) A written recommendation from a doctor of medicine, or a doctor of psychiatry. (iii) Written concurrence from the Tribal Social Services Director (b) Vital Personnel.
- Police Department. The Tribal Housing Department must receive: (a) A regular housing application for the employee for whom the request is made. (b) A written request from the Chief of Police. (c) Upon assignment of a housing unit, a jointly signed agreement from the employee, and the Chief of Police which binds the employee to vacate the housing unit within ten days of termination of employment for which the housing assignment priority is made.
- Other Personnel. The Housing Department must receive: (a) A regular housing application for the employee for whom the request is made. (b) A written request from the employee’s department supervisor, and concurrence from the Branch Manager of the department. (c) Upon assignment of a housing unit, a jointly signed agreement from the employee, and the employee’s supervisor which binds the employee to vacate the housing unit within ten days of date of termination of employment for which the housing assignment priority is made.
IX. ESTABLISHMENT AND REVIEW OF RENTAL RATES
400.200 General. Rental rates for tribal housing will be established at an overall rate sufficient to insure the satisfaction of Tribal obligations incurred as a result of the construction and operation of tribal housing and maintain the Tribal Housing Program on a sound financial basis. In order to insure that families are charged appropriate rents, the rentals for tribal housing shall be reviewed by the Housing Department annually and recommendations submitted to the Tribal Housing Authority for final approval.
400.210 Establishment of Rents. Rents will be established at 6/10 of 1 percent per month of the actual or appraised value of the house. The rent shall amortize the principal and pay the interest, insurance, maintenance, sewer, water, sanitation and administration costs related to the house. Rents for existing houses shall be 6/10 of 1percent per month of their present value.
Low-income rental rates will be the same as charged to other members with the exception that part of the rental may be subsidized by welfare funds, either tribal or other.
400.215 Review of Rental Rates. The rental rates of all tribal housing shall be reviewed annually by the Tribal Housing Department and may be adjusted upward or downward consistent with 400.200. The Housing Department shall further review all rental rates for tenants for which the level of income is relevant. Tenants are to be notified of any change in rent resulting from a rent review. If intentional tenant misrepresentations at the of admission, annual reexamination, or rent review caused a family to pay lower rent than called for by the approved schedule of rents, such tenants will be required to pay the difference between the rent paid and the rent that should have been paid. Decreases in rent resulting from rent reviews are to be effective the first of the month following the report of the change. Increases shall be effective upon 30 days’ written notice to the Tenant.
X. CONDITIONS OF OCCUPANCY
400.300 Rental Agreement.
- All tenants of tribal housing or real property shall execute a written rental agreement prior to occupying the premises. The applicable standard form rental agreement contained in the appendix to the Housing Code will be used. In exceptional cases, the standard forms may be modified upon approval of the Executive Director if such modifications do not substantially prejudice the rights of the Tribe.
- Tenant selection shall be conducted in accordance with the Warm Springs Indian Housing Plan.
- The rental agreement shall be executed in duplicate and one copy will be given to the tenant.
- Revisions of the standard lease form shall be made in accordance with the procedure set forth in WSTC 400.095.
400.302 Warm Springs Tribal Court Jurisdiction. The Warm Springs Tribal Court shall have jurisdiction of all disputes arising under rental agreements for tribal property, regardless of the dollar amount involved.
400.305 Deposits. Prior to occupancy of all tribal dwellings, a deposit is required from all tenants. The minimum deposit shall consist of the first month’s rent, plus a deposit of $100.00. In exceptional or emergency circumstances, and in the case of low income housing, the Executive Director shall have authority to schedule time payments for the required deposit. The Tribal Housing Department shall establish a schedule of deposits for all tribal housing. All deposits shall be refundable with the exception of a $50.00 non-refundable cleaning fee.
400.310 Damages, Repair and Maintenance.
- The tenant shall use reasonable care to keep his dwelling in such a condition as to prevent public nuisance or hazards to the public health or safety from arising. The tenant shall maintain his lawn and any area immediately adjacent to his dwelling unit in a reasonable manner. The tenant shall be responsible for intentional or negligent acts of the tenant, members of the tenant’s household, and the tenant’s invitees and the liability for such acts shall include, but not be limited to, the following: (a) Tenant assumes all liability for damages resulting from leaks or overflowing through the negligence of the tenant, of any of the plumbing fixtures on the premises and will be responsible for any damage or breakage to the building and furniture, including electrical appliances, etc., other than ordinary wear and tear, caused by the tenant, visitors, or guests. The tenant must notify the Tribal Housing Department promptly of known need for repairs to the tenant’s dwelling unit and of known unsafe conditions in the common areas and grounds of the project which may lead to damage or injury. (b) The tenant will not violate any tribal ordinance or other applicable law or regulation nor permit in or around the rental premises any disorderly conduct which disturbs the peace. (c) The tenant shall take particular caution against cigarettes and other fire hazards. (d) The tenant shall not leave on or adjacent to the premises longer than three days from the date of notice by the Housing Department any motor vehicles, snowmobiles, or any other equipment which, in the opinion of the Executive Director, constitutes a hazard to life, health or safety. If such vehicle or other equipment is not moved within three days, the Housing Department may, in his/her discretion, move the vehicle or other equipment from the premises and the tenant shall be liable for the reasonable costs of such movement.
- Tenant agrees to pay reasonable charges for the damages referred to above, or any other intentional or negligent damage to the leased premises or project caused by tenant, members of tenant’s household or tenant’s invitees. The charges shall be billed to the tenant and shall specify the items of damage involved, correctional action taken, and the cost thereof. The failure of the tenant to pay the reasonable charges within 15 days from notice by the Housing Department shall, within the discretion of the Executive Director, constitute grounds for termination of the lease within 30 days from the notice by the Housing Department.
400.315 Management, Damage and Repair. The Tribal Housing Department shall maintain the buildings and common areas and grounds of the project in a decent, safe and sanitary condition in conformity with the requirements of the Tribal Building and Housing Codes. The Housing Department shall make all necessary repairs, alterations, and improvements to the premises with reasonable promptness at its own cost and expense, except as provided in Section C above.
400.320 Utilities. The rental agreement shall set forth the utilities that are to be provided by the Housing Department and the utilities that are to be paid for by the tenant. The tenant shall maintain sufficient heat to prevent freezing of piped water. If, for any reason, the tenant is unable to maintain sufficient heat, the tenant shall immediately notify the Housing Department. The tenant will be charged for any damages resulting from his/her failure to maintain sufficient heat or to notify the Tribal Housing Department, unless the cause was beyond his control, as determined by the Tribal Housing Department.
400.325 Insurance. The Tribal Housing Department shall insure that all dwellings owned by the Tribes or in which the Tribes have an interest shall be covered by a standard fire insurance policy. The tenant shall bear the expense of any insurance insuring the property of tenant.
400.330 Sub-Leasing. Sub-leasing by the tenant of Tribal Housing or real property shall be permitted only upon the express written consent of the Executive Director. In no case shall the premises be sub-leased for a sum greater than the obligation of the tenant to the Tribes.
400.335 Visitors. Visitors shall not stay with tenants for periods in excess of 30 days without the written consent of the Executive Director or his designee. Visitors causing damage or danger to tribal property shall be served with a notice to vacate issued by the Executive Director. A notice may be served by any employee of the Tribal Housing Department or member of the Warm Springs Police Department. The Executive Director may apply to the Tribal Court for an order authorizing forcible removal of any visitor failing to vacate the premises within 24 hours of receiving the notice. The Court shall set a hearing on the matter and afford all parties an opportunity to be heard. The visitor shall further be subject to expulsion from the Reservation upon approval by the Tribal Court and the Superintendent. The Tribal Court shall herein decide the matter within four working days of the application by the Housing Department.
400.340 Grievance Procedure. All complaints by the tenant will first be taken to the Executive Director or his/her designee. If the tenant is unhappy with the Executive Director’s decision, the tenant may have his/her grievance heard before the Board. The Board shall hear the tenant’s grievance within 30 days of receipt of written notice of the grievance by the Housing Authority. Any ruling made by the Board shall be binding upon both the tenant and Executive Director. Until the time of the Board decision, any decision by the Executive Director shall be effective and binding on the tenant. In the case of Senior Citizen Housing the initial grievance shall be submitted to the Supervisor of the Senior Citizen Program. Subsequent appeals shall be taken to the Executive Director and finally to the Tribal Housing Authority. The filing of a grievance by the tenant shall not impair the right of the Tribe to file a court action or take other authorized action under the Housing Code.
- Prior to the time the tenant moves into the dwelling or premises, the Tribal Housing Department shall inspect the premises and shall give the tenant a written statement of the condition of the premises and the equipment in it. The tenant and/or his representative may join in the inspection. The Tribal Housing Department shall have the authority to enter the tenant’s dwelling for the purposes of examining the condition of the dwelling or for making improvements or repairs. The entry may be made only during reasonable hours after reasonable advance notice to the tenant of the date, time and purpose of the entry. The Tribal Housing Department shall have the right to enter the tenant’s dwelling without prior notice to the tenant if the Tribal Housing Department reasonably believes that an emergency exists, which requires such entrance.
- When the tenant vacates the premises, the Tribal Housing Department will inspect the dwelling unit and give the tenant a written statement of the charges, if any, for which the tenant is responsible. The tenant and/or the tenant’s representative may join in the inspection. If the tenant disputes the amount of the charges, the tenant may appeal the matter to the Executive Director. The Executive Director’s decision will be final.
- In addition, the Tribal Housing Department shall conduct an annual inspection of all rental units.
400.350 Collection of Rents.
- The Tribal Housing Department shall be responsible for collecting rents for all tribal dwellings and residential real property. The Tribal Housing Department shall account fully to the Tribal Housing Authority for all such rents and shall transmit all necessary funds to the Tribal Housing Authority.
- The Tribal Housing Department may commence an action in Tribal Court for due and unpaid rent. The action shall be commenced by the filing of a complaint in the Tribal Court alleging the facts showing that the rent is due and establishing the amount of overdue rent. The Tribal Police shall serve the tenant with a notice of the action and the date of the Court hearing. The issues to be decided at the hearing by the Tribal Court shall be whether or not rent is due, and if it is due the amount of rent that is due. Tribal Court shall enter a judgment for any amount due. The judgment shall be collectible as other judgments of the Tribal Court.
XI. TERMINATION OF TENANCY AND EVICTION
400.400 Termination of Tenancy.
- The tenant may terminate any rental agreement with the Housing Department at any time by giving the Housing Department 15 days’ written notice. The Housing Department may only terminate the lease prior to the expiration of the rental term for good cause. Notice of termination for cause by the Tribal Housing Department shall be not less than 30 days prior to termination unless there is imminent danger to tribal property or other persons caused by tenant’s continued occupancy. In such cases termination may be immediate or such other time period as is reasonable. The notice shall be served by the Tribal Housing Department by either personal service or by depositing in the United States Mail, return receipt requested.
- Good cause for termination shall include, but not be limited to, the following occurrences: (a) Non-payment of rent, serious or repeated interference with the rights of other tenants, damages to the premises caused by the tenant, members of the tenant’s household, or the tenant’s invitees. (b) Creation of conditions that are of public nuisance or hazardous to the public health or safety. (c) In the case of low-income housing, failure to disclose changes in income. (d) Failure to inform the Tribal Housing Department of changes in circumstances affecting priority as outlined in WSTC 400.115.
- If the Tribal Housing Department elects to terminate the tenancy of a tenant, the tenant must be informed in a private conference, by a duly authorized representative of the Housing Department. The reason or reasons for the eviction must be provided, and an opportunity to provide a reply or explanation as the tenant may wish. At the time of the conference, the tenant must be informed of: (a) The specific reasons for the proposed eviction and the facts upon which it is based; and (b) The tenant’s right to request a hearing upon the proposed eviction in the manner provided by the grievance procedure contained in WSTC 400.340.
- If the tenant fails to appear at the scheduled conference, he/she shall be deemed to have waived the conference.
- In the event a tenant fails to vacate the premises after the expiration of the term of the tenancy or after the termination by the Tribal Housing Department of the tenancy for cause, the Tribal Housing Department may initiate eviction proceedings in the Tribal Court.
- The proceeding shall be initiated by the filing of a complaint in the Tribal Court alleging the facts showing that the tenancy has been terminated. The Tribal
- Police shall serve the tenant with a notice of the action and the date of the Court hearing, which will be held within five working days of the service of the notice. If, at the hearing, the Tribal Court finds that the tenancy has been properly terminated the Court shall issue an order of eviction. If the tenant does not voluntarily leave the rented premises within five days after the entry of such an order, the Tribal Police will remove the tenant and the tenant’s property.
- The tenant’s property will be stored at a facility selected by the Housing Department and held for the tenant to pick up. Reasonable storage charges may be assessed against the tenant.
- In addition to an order of eviction, the Tribal Court may enter a judgment against the tenant for any delinquent rent owing or for the costs of repair of any damages for which the tenant is responsible. The judgment shall be collectable as other judgments of the Tribal Court.
400.410 Remedies not Exclusive. No provisions of this Chapter shall prevent the immediate arrest and prosecution of tenants by tribal authorities for violations of the Tribal Law and Order Code.
XII. HOME PURCHASE AND CONSTRUCTION
400.505 Lease Option.
- The Tribal Housing Department may make available to Tribal members housing on a lease option basis. The initial rental term shall be for a period of 36 months. If at the end of the 36 month term the tenant is not in default, the tenant shall have an option to purchase the home and improvements on the premises at the purchase price agreed upon by the Housing Department and the tenant, at the time the lease option agreement was executed. Forty percent of the principal rental payments accrued and paid by the tenant during the period of the lease shall be applied to the satisfaction of the purchase price.
- If the option to purchase is not exercised, no portion of the accrued and paid rental payments will be refunded to the tenant. If at the end of the rental term the option to purchase is not exercised, the tenant may remain on the premises on a month to month tenancy until suitable alternate housing is found for the tenant by the Housing Department. The determination as to the suitability of the alternate housing shall be solely within the discretion of the Housing Department. Applications shall be submitted to the Housing Department. The Housing Department, Realty Department and Credit Department must approve applications.
400.510 Site Lease. The Realty Department shall have the authority to enter into a home- site lease with tribal members who desire to construct a home or enter into a lease option agreement. The home-site lease shall be for a term of 25 years with an option for renewal on the same terms and conditions as the initial term for an additional 25 years. All home-site lease must be signed by the Chairman of the Authority and approved by the Superintendent of the Warm Springs Agency. Standard home-site lease forms shall be executed prior to the tenant’s occupation of the premises.
400.515 HUD Mutual Help Home Ownership Program
The provisions of this chapter, including the eviction procedures of WSTC400.405 apply in all respects to housing units constructed under the Department of Housing and Urban Development’s Mutual Help Home Ownership Program. If the provisions of this chapter conflict with current HUD regulations or requirements with regard to eviction from HUD housing, the provisions of HUD regulations or requirements shall control.
XIII. BUILDING CODE AND BUILDING PERMITS
400.600 Building Code. In order to insure that housing constructed or remodeled on tribal lands will be of good quality and give satisfactory service, all tribal housing constructed after the date of enactment of this Housing Code shall conform to the following standards:
- Tribal Comprehensive Plans.
- Tribal Sanitation Code.
- Tribal Water Code.
- Current edition of the Uniform Building Code.
- Current edition of the Uniform Housing Code.
- Current edition of the National Electrical Code.
- Current edition of the Uniform Plumbing Code.
- Current edition of the Uniform Fire Code.
- Current edition of the Life and Safety Code.
- Current edition of the Northwest Energy Code.
400.605 Building Permits.
- No housing shall be erected, constructed, remodeled, enlarged, altered, repaired, moved, improved, removed or converted without first obtained a building permit issued by the Inspector’s office of the Bureau of Indian Affairs, unless it falls within one of the enumerated exceptions set forth below. Application forms may be obtained from the Inspector’s Office. No fee shall be charged for the building permit.
- The following work shall not require a building permit: (a) One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the projected roof area does not exceed 120 square feet. (b) Fences not over six feet high. (c) Cases, counters and partitions not over five feet high. (d) Retaining walls which are not over four feet in height measured from the bottom of the footing to the top of the wall unless supporting a surcharge or impounding flammable liquids. (e) Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio to height to diameter or width does not exceed 2 to 1. (f) Platforms, walks and driveways not more than 30 inches above grade and not over any basement or story below. (g) Painting, papering and similar finish work. (h) Prefabricated swimming pools in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000 gallons.
1 Chapter 400 was amended and restated in its entirety by Tribal Council Resolution No. 10,186 adopted on May 8, 2002.
2 WSTC 400.022(1) was amended by Tribal Council Resolution No. 11,322 adopted on October 11, 2010.