A.
This Code shall hereinafter be referred to as the "Rental Housing
and Eviction Code." It shall apply to any and all arrangements, formal
or informal, written or agreed to orally or by the practice of the
parties, in renting, leasing, occupying, rent to own, or using any
and all housing dwellings, or accommodations for human occupation
and residence.
B.
The following arrangements are not governed by this Code:
A.
Jurisdiction is extended over all buildings and lands intended for
human dwelling, occupation or residence which may lie within:
(1)
The exterior boundaries of the Tribal Reservation;
(2)
Lands owned by, held in trust for, leased or used by the Tribe, its
members, its Housing Department, or any other entity of the Tribe;
or
(3)
The Indian Country of the Tribe, as may be defined from time to time
by the laws of the Tribe or of the United States.
B.
Jurisdiction is extended over all persons or entities within the
jurisdiction of the Tribe who rent, lease, or allow persons to occupy
housing, dwellings, or accommodations for the purpose of human dwelling,
occupation, or residence, and all persons who rent, rent to own, lease,
or occupy such structures. Such personal jurisdiction is extended
over all persons and entities, whether or not they are members of
the Tribe, whether they are Indian or non-Indian, and whether they
have a place of business within the Tribal Reservation. Any act within
the Reservation dealing with the subject matter of this Code shall
be subject to the jurisdiction of the Tribe.
This Code shall be liberally interpreted and construed to fulfill
the following purposes:
A.
To simplify, clarify, modernize, and revise the law governing the
occupation of dwelling units and accommodations, as well as the rights,
obligations, and remedies of the owners, sellers, lessors, landlords,
lessees, tenants, and occupiers of such structures;
B.
To preserve and ensure the peace, harmony, safety, health and general
welfare of the people of the Tribe and those permitted to enter or
reside on the Reservation;
C.
To protect the general welfare of the public, tribal housing, private
landlords, and tenants by providing eviction procedures under this
chapter where evictions are a necessary action to be taken;
D.
To encourage landlords and tenants to use the procedures established
under this Code to provide a transparent mechanism and forum to resolve
housing disputes;
E.
To strictly apply specific provisions of this Code as necessary in
order to obtain federal, state, tribal or private funding for tribal
housing programs.
A.
Applicable law. Unless affected or displaced by this Code, 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 Code.
B.
Conflicts with other laws.
(1)
Tribal laws. To the extent that this Code may conflict with Menominee
tribal laws which have been enacted to comply with statutes or regulations
of any agency of the United States, such tribal law may govern over
the provisions of this Code if it has specific applicability and it
is clearly in conflict with the provisions of this Code.
(2)
Federal laws. Where a conflict may appear between this Code and any
statutes, regulation, or agreement of the United States, the federal
law may govern if it has specific applicability and it is clearly
in conflict with the provisions of this Code.
(3)
State laws. To the extent that the laws of any state may be applicable
to the subject matter of this Code, such laws shall be read to be
advisory and not directly binding and shall not govern the relations
of the parties.
As used in this Code, the following terms shall have the meanings
as indicated below:
Is any dispute between persons or entities which relates
to the sale, rental, lease, use or occupancy of any housing, dwelling,
or accommodation for human occupancy, including claims for the payment
of monies for such housing, dwellings or accommodations, damages to
such units, including the right to occupy them.
Is any person 18 years of age or older.
Is any law or governmental regulation of the Tribe or an
agency of the United States which deals with fitness for habitation,
health conditions, or the safety, construction, maintenance, operation,
occupancy, use, or appearance of any dwelling unit. Where appropriate
to the situation, standard or recognized building standards or codes
may be applied as building or housing codes.
Is the illegal manufacture, sale, distribution, use or possession
with intent to manufacture, sell, distribute, or use, of a controlled
substance as defined in Menominee Tribal Law Controlled Substances
Act § 306, Section 102 of the Controlled Substance Act (21
U.S.C. § 802), as amended, or other applicable federal requirements.
Is a structure or part of a structure that is used as a home,
residence, or sleeping place by any person who maintains a household
and is not for purposes of this Code any public transient accommodation,
such as a hotel room.
Is any person, other than the tenant, in or around a dwelling
unit with the permission and consent of the tenant.
Is any person recognized as being an Indian or Alaska Native
by any tribe, or by the government of the United States.
Is all lands owned by, held in trust for, leased, occupied,
or otherwise controlled by the Tribe, as well as any such ownership
or use by an entity of the Tribe; and those terms shall include any
and all areas which may constitute Indian Country of the Tribe under
applicable provisions of its laws or the laws of the United States.
Is any person or entity or any agency of government that
is the owner, lessor, or sublessor of a dwelling unit, and it also
means a manager of any such dwelling unit, as well as the Housing
Department for purposes of low-rent or existing housing programs.
Is a tenant of a dwelling unit, user and/or occupier of real
property. The lessee maybe the Menominee Housing Department for purposes
of this Code.
Is the legal, beneficial, or equitable owner of property
under a lease. Lessor may also include the heir(s), successor(s),
executor(s), administrator or assign(s) of the lessor.
Is a structure designed for human habitation and for being
moved on a street or highway. Mobile home includes prefab, modular
and manufactured homes. Mobile home does not include a recreational
vehicle or a commercial coach.
Is the maintenance or allowance on real property of a condition
which one has the ability to control and which unreasonably threatens
the health or safety of the public or neighboring land users or unreasonably
and substantially interferes with the ability of neighboring property
users to enjoy the reasonable use and occupancy of their property.
Is any person or entity jointly or individually having legal
title to all or part of land or a dwelling, including the legal right
to own, manage, use, or control a dwelling unit under a mortgage,
long-term lease, or any other security arrangement.
May include the Tribe, Housing Department, an individual
or organization, and where the meaning of a portion of this Code requires,
it means a public agency, corporation, partnership, or any other entity.
Is 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.
Is all periodic payments to be made to a landlord or lessor
under a rental agreement.
Is a written or oral agreement between two parties, as well
as valid rules and regulations regarding the tenants and conditions
of the use and occupancy of real property, dwelling unit, building,
or premises.
Is the property and improvements subject to a rental agreement.
Is the Menominee Indian Tribe of Wisconsin Reservation.
Is defined as mandatory or must.
Is the lessee(s), sublessee(s), or person(s) entitled under
a rental agreement to occupy a dwelling unit to the exclusion of others.
Is the Court as established by the laws of this Tribe or
such body as may now or hereafter be authorized by the laws of the
Tribe to exercise the powers and functions of a Court of law.
Is the Menominee Indian Tribe of Wisconsin.
