TITLE 18 HOUSING INDEX TITLE 18 HOUSING INDEX i …

1 I TITLE 18 HOUSING INDEX TITLE 18 HOUSING i TITLE 18 HOUSING .. 1 chapter ONE GENERAL PROVISIONS .. 1 section Applicability.. 1 section Jurisdiction.. 1 section Purposes and Interpretation.. 2 section Relation to Other Laws.. 3 section Definitions.. 3 chapter TWO LANDLORD/TENANT RESPONSIBILITIES AND REMEDIES 8 section Rental Agreements.. 8 section Rules and Regulations.. 8 section Landlord Responsibilities.. 9 section Tenant Responsibilities.. 10 section Tenant Remedies.. 11 section Landlord Remedies.. 12 section Abandoned Dwelling Units.. 12 chapter THREE GROUNDS FOR EVICTION/NOTICE TO PRE-EVICTION 14 section Grounds for Eviction.

2 14 section Notice to Quit 14 section Serving the Notice to Quit.. 15 section 18 Pre-Eviction Options.. 16 chapter FOUR JUDICIAL EVICTION PROCEDURES .. 18 section Summons and Complaint.. 18 section Action Upon Filing Complaint.. 18 section Commencement of Proceedings.. 18 section Defenses.. 19 section Discovery and Pre-hearing Proceedings.. 20 section Evidence.. 20 section Burden of Proof.. 21 section Judgment.. 21 section Form of 22 section Execution of Judgment.. 22 section Stay of 22 section Appeals.. 23 section Miscellaneous Complaints and Claims.. 23 ii section Notice to Leave the Premises.. 23 section Forcible Eviction.

3 24 section No Self-Help Eviction .. 25 section Security Deposits .. 25 chapter FIVE MORTGAGE AND FORECLOSURE .. 26 section Priority.. 26 section Recording.. 26 section Foreclosure Procedures .. 28 section Foreclosure Complaint and Summons .. 29 section Service of Process and Procedures.. 30 section Cure of Default by Subordinate Lienholder.. 31 section Judgment and Remedy.. 31 section Foreclosure 32 section No Merger of Estates.. 34 section Certified Mailing to Tribe and Lessor.. 34 section Intervention.. 35 section Appeals.. 35 chapter SIX MISCELLANEOUS PROVISIONS .. 36 section Effective Date.. 36 section Retroactive 36 chapter SEVEN 33 chapter EIGHT 34 chapter NINE GROUP DWELLING 35 section 901.

4 Short 35 section 902. 35 section 903. Purpose; 36 section 904. 36 section 905. Group Dwelling Coverage Benefit 36 section 906. 37 section 907. Payment of Contributions and 37 section 908. Annual 37 section 909. Licensing 38 section 910. Application for 38 section 911. Filing of Policy Forms and Related 38 section 912. Filing of Financial Statements and Activities 38 section 913. Misrepresentations 39 section 914. Claims 39 section 915. 39 section 916. 40 section 917. 40 section 918. Applicable Law; Duty of Good 40 section 919. Service of 40 iii section 920. Consent to 41 section 921.

5 Judicial 41 section 922. Sovereign 41 section 923. 41 section 924. Effective 41 COMMENTARY .. 42 chapter 1 42 chapter 2 42 chapter 3 42 chapter 4 42 chapter 5 42 chapter 6 43 TITLE 18 - Page 1 TITLE 18 HOUSING chapter ONE GENERAL PROVISIONS section Applicability The following TITLE shall hereinafter be referred to as the "Seminole Nation of Oklahoma Tribal HOUSING Ordinance." It shall apply to any and all arrangements, formal or informal, written or agreed to orally or by the practice of the parties, in selling, buying, renting, leasing, occupying, or using any and all HOUSING , dwellings, or accommodations for human occupation and residence.

6 It shall also apply to any and all mortgages, leasehold mortgages and agreements to secure an interest in a building. The following arrangements are not governed by this Ordinance: (A) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service; or (B) Occupancy in a hotel, motel, or other commercial lodging. [History: Ordinance 2003-11, March 4, 2003.] section Jurisdiction (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 Reservation; (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 may be defined from time to time by the laws of the Tribe or of the United States.

7 (B) Jurisdiction is extended over all persons or entities within the jurisdiction of the Tribe, 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 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 Ordinance shall be subject to the jurisdiction of the Tribe.

8 TITLE 18 - Page 2 (C) 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, its HOUSING Authority, or any other entity of the Tribe. (2) All persons or entities within the jurisdiction of the Tribe who lease, mortgage, or otherwise secure an interest in a building. (3) All persons supplying contracting services to the HOUSING Authority of the Seminole Nation. As a precondition to any contract for services between the HOUSING Authority of the Seminole Nation and any person supplying contracting services, ( construction, rehabilitation, electrical, plumbing), the contractor shall be deemed to have submitted themselves to the jurisdiction of the Seminole Nation of Oklahoma, including its courts or tribunals, and including the Seminole Nation HOUSING Authority for all purposes under any agreement between the Seminole Nation HOUSING Authority and the contractor.

9 (D) Jurisdiction over all matters arising within the jurisdiction of the Tribe with respect to the subjects of this Ordinance, and jurisdiction with respect to any person or entity acting or causing actions which arise under this Ordinance shall be exercised by the Tribal Court. [History: Ordinance 2003-11, March 4, 2003.] section Purposes and Interpretation This Ordinance 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 and those permitted to enter or reside on the Reservation.

10 (C) To provide eviction procedures and to require landlords to use those procedures when evicting tenants. (D) To encourage landlords and tenants to maintain and improve dwellings on the Reservation in order to improve the quality of HOUSING as a tribal resource. (E) To simplify the law governing the rights, obligations, and remedies of the owners, sellers, buyers, lessors, and lessees, of buildings. (F) To avail the Tribe, tribal entities, and tribal members of financing for the construction and/or purchase of family residences on trust land within the jurisdiction of the Tribe by prescribing procedures for the recording, priority and TITLE 18 - Page 3 foreclosure of mortgages given to secure loans made by or through any government agency or lending institution.