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.
As used in this Code, the following terms shall have the meanings
as indicated below:
ACTION, SUIT OR LAWSUIT, CLAIM, COMPLAINT OR DEFENSE
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.
ADULT
Is any person 18 years of age or older.
BUILDING OR HOUSING LAWS
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.
DRUG-RELATED CRIMINAL ACTIVITY
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.
DWELLING OR DWELLING UNIT
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.
GUEST
Is any person, other than the tenant, in or around a dwelling
unit with the permission and consent of the tenant.
INDIAN
Is any person recognized as being an Indian or Alaska Native
by any tribe, or by the government of the United States.
INDIAN COUNTRY, THE TERRITORIAL JURISDICTION, OR THE JURISDICTION
OF THE TRIBE
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.
LANDLORD
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.
LESSEE
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.
LESSOR
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.
MOBILE HOME
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.
NUISANCE
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.
OWNER
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.
PERSON
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.
PREMISES
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.
RENT
Is all periodic payments to be made to a landlord or lessor
under a rental agreement.
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.
RENTAL PREMISES
Is the property and improvements subject to a rental agreement.
RESERVATION
Is the Menominee Indian Tribe of Wisconsin Reservation.
SHALL
Is defined as mandatory or must.
TENANT
Is the lessee(s), sublessee(s), or person(s) entitled under
a rental agreement to occupy a dwelling unit to the exclusion of others.
TRIBAL COURT
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.
TRIBE
Is the Menominee Indian Tribe of Wisconsin.