Ponca Tribe of Nebraska Tribal Code
Ponca Tribe of Nebraska Tribal Code
TITLE V LANDLORD/TENANT AND HOUSING CODE
CHAPTER 1 GENERAL PROVISION
Section 5-1-1. Title
Section 5-1-2. Purposes
Section 5-1-3. Definitions
Section 5-1-4. Application
Section 5-1-5. Mitigation of Damages
Section 5-1-6. Settlement of Claim
Section 5-1-7. Good Faith Performance or Enforcement
Section 5-1-8. Beneficial Owner to Maintain Premises
Section 5-1-9. Construction of Code
Section 5-1-10. Relation to Other Laws
Section 5-1-11. Termination of Mutual Help Occupancy Agreement
Section 5-1-12. Rules of Evidence
Section 5-1-13. Jurisdiction
This enactment shall be known as the “Ponca Tribe of Nebraska Landlord/Tenant and Housing Code.”
Ponca Tribe of Nebraska Code § 5-1-1, PTN Code § 5-1-1
This Code shall be interpreted and construed to fulfill the following purposes:
A. To simplify the law governing the occupation of dwelling units, and to protect the rights of landlords and tenants.
B. To preserve the peace, harmony, safety, health and general welfare of the people of the Tribe.
C. To provide eviction procedures and to require landlords to follow such procedures when evicting tenants.
D. To encourage landlords and tenants to maintain and improve dwellings in order to improve the quality of housing as a tribal resource.
E. To provide the law governing the rights, obligations, and remedies of the owners, sellers, buyers, lessor, and lessees, of buildings.
F. To establish laws and procedures which are necessary in order to obtain governmental funding for tribal housing programs or loan guarantees for private or tribal housing construction, purchase, or renovation.
Ponca Tribe of Nebraska Code § 5-1-2, PTN Code § 5-1-2
Save for any differences in the context of this Code, the following definitions shall be used:
1. “Action, suit or lawsuit, claim, complaint or defense” includes any dispute between persons or entities which relates to the sale, rental, 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, condition of such units or the relationships between owners and occupiers of such units, including the right to occupy them.
2. “Building and housing codes” includes any law, ordinance or Ponca Tribe of Nebraska governmental regulation concerning the fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit, that is erected on any property over which the Ponca Tribe of Nebraska maintains and exerts jurisdiction.
3. “CFR” means the Code of Federal Regulations.
4. “Deposit” includes any money or other property required by a landlord from a tenant as and for security and which is to be returned to the tenant upon termination of the rental agreement, law, rule, or regulation of the United States of America promulgated to effectuate the Mutual Help Homeownership Program, or U.S. Governmental housing program administered by the Housing Authority of the Ponca Tribe of Nebraska.
5. “Dwelling unit” means a structure, or that part of a structure, which is used as a home, residence or sleeping place by one or more persons.
6. “Good faith” means honesty in fact in the conduct of the transaction concerned.
7. “Home buyer” means any person(s) who has executed a MHO Agreement with the NPHA or a MHO Agreement for another home in the project (as indicated by the context of the agreement), and who has not yet achieved homeownership.
8. “Landlord” means the owner, lessor or sublessor of the dwelling unit or the building of which it is a part, and it also means a manager of the premises who fails to comply with the disclosure provisions of this Code including the Ponca Tribe of Nebraska and the Northern Ponca Housing Authority.
9. “Indian” shall include any person that is an enrolled member of any federally recognized Tribe.
10. “Northern Ponca Housing Authority” or “NPHA” means the Northern Ponca Housing Authority, the tribally-designed housing entity of the Ponca Tribe of Nebraska.
11. “Lease” means an agreement, written or oral, 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, including a lease-to-purchase agreement.
12. “Lessee” means a tenant of a dwelling unit, user and/or occupier of real property, or the homebuyer under any federal mortgage program including the Mutual Help program.
13. “Lessor” means the legal, beneficial, or equitable owner of property under a Lease. Lessor may also include the heir(s), successor(s), executor(s), administrator(s), or assign(s) of the lessor.
14. “MHO” means Mutual Help and Occupancy Agreement between the NPHA and the home buyer.
15. “Organization” includes a corporation or any governmental subdivision, any agency, business trust, estate, trust, common interest and any other legal or commercial entity.
16. “Owner” means one or more persons, jointly or severally, in whom is vested:
a. All or any part of the legal title to the property, or
b. All or part of the beneficial ownership and a right to present use and enjoyment of the property, and such term includes a mortgagee in possession.
17. “Person” includes both individuals and organizations.
18. “Premises” means a dwelling unit and the structure of which it is a part, the facilities and appurtenances therein, and the grounds, areas and facilities held out for the use of the tenant generally or use of which is promised to the tenant.
19. “Rent” means all payments, except deposits and damages, to be made to the landlord under the rental agreements including required monthly payments under a Mutual Help and Occupancy (MHO) Agreement.
20. “Rental Agreement” means all agreements, including a Mutual Help Occupancy Agreement, and valid rules and regulations adopted under this Code, which establish, embody or modify dwelling unit and premises. All Mutual Help Occupancy Agreements executed between the NPHA and home buyers participating in the Mutual Help Homeownership Opportunity Program shall be considered rental agreements and not mortgages, not contracts for deed, and not as any other instrument purporting to confer homeownership rights either at law or in equity.
21. “Roomer” or “boarder” is a tenant occupying a dwelling unit which lacks at least one major bedroom or kitchen facility, such as a toilet, refrigerator or stove, in a building:
a. Where one (1) or more of such major facilities are supplied to be used in common by the occupants of the roomer or boarder's dwelling unit and one (1) or more other dwelling units; and
b. In which the landlord resides.
22. “Single-family residence” means a structure used and maintained as a single dwelling unit. A dwelling unit, including those with common walls, shall be deemed a single-family residence if it has direct access to a street or thoroughfare and shares neither heating facilities, hot water equipment, nor any other essential facility or service with any other dwelling unit.
23. “Tenant” means any person entitled under a rental agreement to occupy a dwelling unit.
24. “Tribe” means Ponca Tribe of Nebraska.
25. “Tribal Court” means the Ponca Tribe of Nebraska Tribal Court.
Ponca Tribe of Nebraska Code § 5-1-3, PTN Code § 5-1-3
A. Except as otherwise provided in this Code, this Code applies to, regulates and determines rights, obligations and remedies under a rental agreement for a dwelling unit located within any area over which the Ponca Tribe of Nebraska exercises jurisdiction.
B. Any agreement, whether written or oral, shall be unenforceable insofar as that agreement, or any provision thereof, conflicts with any provision of this Code.
Ponca Tribe of Nebraska Code § 5-1-4, PTN Code § 5-1-4
An aggrieved party under the provision of this Code has a duty to mitigate damages.
Ponca Tribe of Nebraska Code § 5-1-5, PTN Code § 5-1-5
A claim or right arising under this Code or rental agreement, if disputed in good faith, may be settled by agreement and requires no further consideration.
Ponca Tribe of Nebraska Code § 5-1-6, PTN Code § 5-1-6
Every duty under this Code and every act which must be performed as a condition precedent to the exercise of a right or remedy under this Code imposes an obligation of good faith in its performance or enforcement.
Ponca Tribe of Nebraska Code § 5-1-7, PTN Code § 5-1-7
Any agreement, assignment, conveyance, trust deed or security instrument which authorizes a person other than the beneficial owner to act as a landlord of a dwelling unit shall not relieve the beneficial owner of the duty to conform with this Code and any other law, code, ordinance or regulation concerning the maintenance and operation of the premises.
Ponca Tribe of Nebraska Code § 5-1-8, PTN Code § 5-1-8
This Code shall be liberally construed and applied to promote and effectuate its underlying purposes and policies.
Ponca Tribe of Nebraska Code § 5-1-9, PTN Code § 5-1-9
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 jurisdiction, although non-binding, may be used as a guide to supplement and interpret this Code.
B. Other Applicable Laws. Additional tribal and federal laws may apply with regard to tribal housing such as the ordinance establishing the NPHA, any NPHA regulations or policies, and governmental housing laws and regulations.
C. Conflicts With Other Laws:
1. Tribal Laws: To the extent that this Code may conflict with Tribal laws or ordinances which have been enacted to comply with statutes or regulations of any agency of the United States, such Tribal laws or ordinances shall govern over the provisions of this Code if it has specific applicability and it is clearly in conflict with the provisions of this Code.
2. Federal Laws: Where a conflict may appear between this Code and any statute, regulation, or agreement of the United States, the federal law shall govern if it has specific applicability and if it is clearly in conflict with the provisions of this Code.
3. State Laws: State laws shall not govern the relations of the parties. Due to the federal nature of Indian housing, including the Indian Housing Act, the Native American Housing Assistance and Self Determination Act of 1996, and other federal statutes governing Indian housing, unless the laws of a state are expressly made applicable by the United States Congress, state laws are not applicable for purposes of this Code.
Ponca Tribe of Nebraska Code § 5-1-10, PTN Code § 5-1-10
The procedure for the termination of the MHO shall be according to 24 CFR Section 905.446.
In the event that the home buyer disputes any item in the settlement following a termination of a MHO or the disposition of personal property abandoned by the home buyer, the home buyer shall first exhaust all administrative remedies available through the Grievance Procedure of the NPHA before the matter shall be within the jurisdiction of the Tribal Court of the Ponca Tribe of Nebraska.
Ponca Tribe of Nebraska Code § 5-1-11, PTN Code § 5-1-11
The Federal Rules of Evidence, Public Law 93-595, 88 Stat. 1926, and its cumulative amendments shall apply to all proceedings of the Court.
Ponca Tribe of Nebraska Code § 5-1-12, PTN Code § 5-1-12
A. For purposes of this Code, jurisdiction is extended over all buildings and lands intended for human dwelling, occupation or residence which may lie within:
1. The Tribe's service area pursuant to P.L. 101-484;
2. Lands owned by, held in trust for, leased or used by the Tribe, its members, its housing authority, or any other entity of the Tribe; or
3. The Indian Country of the Tribe, as defined in 18 U.S.C. § 1151, and as may be defined from time to time by the laws of the Tribe or of the United States.
B. For purposes of this Code, tribal jurisdiction is extended over all persons or entities who sell, rent, lease, or allow persons to occupy housing, dwellings, or accommodations for the purpose of human dwelling, occupation, or residence, and all persons who buy, rent, lease, or occupy such structures. Such personal jurisdiction is extended over all persons and entities, whether they are Indian or non-Indian.
C. For purposes of this Code, jurisdiction is extended over:
1. All buildings which may lie upon lands owned by, held in trust for, leased or used by the Tribe, its members, the NPHA, or any other entity of the Tribe; and
2. All persons or entities within the jurisdiction of the Tribe who lease, mortgage, or otherwise secure an interest in a building.
D. For purposes of this Code, jurisdiction over all matters arising within the jurisdiction of the Tribe with respect to the subjects of this Code, and jurisdiction with respect to any person or entity acting or causing actions which arise under this Code shall be exercised by the Tribal Court.
Ponca Tribe of Nebraska Code § 5-1-13, PTN Code § 5-1-13