SAULT STE. MARIE TRIBE OF CHIPPEWA INDIANS
COURT OF APPEALS
 
Catelyn June Sharp v. Sault Tribe Housing Authority
 
APP-2024-02
 
Decided: June 11, 2024
 
Opinion Issued on: July 26, 2024

BEFORE: BIRON, BUTTS, CORBIERE and DIETZ, Appellate Judges.

Opinion and Order

Biron, Karrie Chief Appellate Judge, who is joined by Appellate Judge Butts, Corbiere and Dietz.

For the reasons explained below, the Sault Ste. Marie Tribe of Chippewa Indians Tribal Court February 27, 2024 Judgment Landlord-Tenant ("Default Judgment") is affirmed and this matter is dismissed.

Facts and Procedural History

On January 15, 2024, the Sault Tribe Housing Authority ((Housing Authority"), Appellee, filed a Complaint Landlord-Tenant ((Complaint") against Catelyn June Sharp, Appellant, with the Sault Ste. Marie Tribal Court ("Tribal Court") seeking a money judgment in the amount of $54.72 and to rectify conditions for lease violations within the premises located at 104 Wa Seh Drive, St. Ignace, Michigan 49871 in accordance with Sault Tribe Code, Chapter 83. The Complaint was accompanied by a 27-page attachment ((Complaint Attachment") that included correspondence dated January 4, 2024 notifying the Appellant of the Appellee's intent to file the Complaint and the options available to her to prevent the filing of the Complaint ("January 4, 2024 Correspondence"), a November 16, 2023 Notice to Quit/Violation of Lease/Reason to Believe for unrectified conditions of an unauthorized occupant residing in the home as well as correspondence dated October 17, 2023 regarding the same. (Complaint Attachment at 1-5) The Complaint Attachment also included evidence that the Appellant received at least five (5) additional notices regarding her lease obligations and requirement to report unauthorized occupants in the home before the filing of the Complaint. (Complaint Attachment at 6-14) In addition, the Complaint Attachment included a December 20, 2023 Notice to Quit for failure to pay her utility bill. (Complaint Attachment at 15) A Summons was issued on January 15, 2024 setting a Pre-Trial Conference for February 6, 2024 and served on the Appellant on by Tribal Law Enforcement on January 18, 2024. (January 18, 2024 Proof of Service) The February 7, 2024 Order After Pre-Trial ((Order After Pre-Trial") indicates that the Appellant requested a full hearing and the Tribal Court granted her request and set the matter for Evidentiary Hearing on February 27, 2024. (Order After Pre-Trial)

On February 27, 2024, at the date and time duly noticed for hearing, the Appellant failed to appear. (February 27, 2024 Hearing Transcript at 3 ((Transcript)")) At the hearing the Court heard testimony from the Appellee in support of the Complaint for money judgment in the amount of $223.19 and the three additional lease violations. (Id. at 4-7) Subsequently, the Court issued the Default Judgment in favor of the Appellee in the amount of $253.19, $223.19 for the outstanding gas bill plus $30.00 in court costs giving the Appellant 10 days to rectify the conditions which included paying the Default Judgment in full, restoring the utilities to her name and proving that an unauthorized occupant was not residing in the residence. (Id. at 7) On February 27, 2024, the Default Judgment was served on the Appellant by ordinary mail as indicated in the Certificate of Mailing contained within the same. (Default Judgment) On March 13, 2024, the Appellee made application for a Writ of Restitution declaring that the Appellant had failed to comply with the Default Judgment. (March 13, 2024 Writ of Restitution) On March 14, 2024, a Writ was issued directing "the Sault Ste. Marie Tribal Department of Public Safety....to remove [the Appellant] and other occupants from the premises...." (March 14, 2024 Writ) On March 18, 2024, the Writ was served on the Appellant and she was informed via correspondence of even date therewith that the Appellee was taking possession of the residence and that she had 30 days to make arrangements to collect her personal belongings. (March 18, 2024 Correspondence to Appellee and April 19, 2024 Memorandum)

On March 22, 2024, the Appellant, Catelyn Sharp, filed a Notice of Appeal ((Notice of Appeal") related to the Default Judgment requesting that it be overturned and that she be granted possession of her home. (March 22, 2024 Notice of Appeal) On April 2, 2024, the Appellant filed a Motion for Stay of Proceedings ((Motion for Stay of Proceedings") with the Tribal Court. (Motion for Stay of Proceedings) On April 11, 2024, this Court issued a Notice of Briefing Schedule. (April 11, 2024 Notice of Briefing Schedule) On April 18, 2024, the Tribal Court heard the Motion for Stay of Proceedings and granted the stay. (April 18, 2024 Order After Motion for Stay) Briefing before this Court was closed as of June 3, 2024.

On May 2, 2024, the Appellant timely filed a brief asserting that her bills were up to date, that she had completed the required paperwork regarding the unauthorized person in the residence for the Appellee and asked this Court to grant forgiveness to allow her and her children to stay in the home. (May 2, 2024 Appellant Brief) On May 17, 2024, the Appellee, represented by the Sault Tribe Prosecuting Attorney, filed a brief arguing that the Appellant's appeal must fail as she has alleged no error in fact or law that would allow this Court to grant the relief requested. On May 31, 2024, this Court issued a Notice of Oral Argument. (May 31, 2024 Notice of Oral Argument) Also, on May 31, 2024, Prosecutor McShane entered his appearance on behalf of the Appellee. (May 31, 2024 Appearance of Counsel)

Oral argument was held on June 11, 2024. Both parties were present and argued before this Court.

Jurisdiction and Standard of Review

An appeal is properly before this Court if it is a final decision of the Tribal Court or an order affection a substantial right and which determines the action and prevents a judgment from which an appeal might be made. STC §82.111. A Judgment in a Landlord/Tenant matter constitute a final order of the Tribal Court as contemplated by Tribal law.

Matters on appeal involving a conclusion of law are reviewed de novo. (STC § 82.124(5)). However, matters committed to the discretion of the Tribal Court shall not be subject to the judgment of the Court of Appeals. (STC § 82.124 (8)). Thus, unless otherwise set forth in Tribal law, matters involving findings of fact by the Tribal Court are reviewed under the clearly erroneous standard. "In applying the clearly erroneous standard of review, the court will determine whether it is left with a 'definite and firm conviction' that the trial court made an error in its findings of fact." Rex Smith v. Sault Ste. Marie Tribe of Chippewa Indians, APP-08-02, 3 (August 4, 2008). Moreover, the Anishinaabe teachings of nibwaakaawin (wisdom-use of good sense), zaagi 'idiwin (practice absolute kindness), minadendmowin, (respect — act without harm) as well as ayaangwaamizi (careful and cautious consideration) guide this Court's decision-making. Payment v. The Election Committee of the Sault Ste. Marie Tribe of Chippewa Indians, APP-2022-02 (December 5, 2022) In applying the principles set forth herein, this Court gives regard to the special opportunity of the Tribal Court to assess the credibility of the witnesses who appear before it and will not substitute its judgment for that of the Tribal Court unless such credibility determinations are clearly erroneous. Stewart v. Fuller, APP-2023-08 (March 4, 2024)

Discussion

STC Chapter 83 sets forth the jurisdiction and procedures for termination of a tenancy in landlord tenant matters involving Public Housing/Indian Housing Authority Tenancy, in relevant part, as follows:

SUBCHAPTER III: LANDLORD/TENANT RIGHTS, OBLIGATIONS AND REMEDIES

83.305 Landlord Remedies.

Where a tenant has not complied with this Chapter or the agreement of the parties, the landlord has the right to:

(1) Give reasonable notice to the tenant to comply with his obligations, pay any monies due and owing under the agreement of the parties or landlord has right to terminate the agreement under which the tenant occupies the premises, and demand that he and those with him leave the premises.

...

(3) Seek a court order or judgment for the payment of monies or costs, for compliance with the agreements and obligations of tenants, for termination of an agreement, payment of damages, eviction of tenants or any other relief to which he may be entitled by law or the agreement of the parties.

SUBCHAPTER IV: TERMINATION OF RENTAL AGREEMENT/TERMINATION NOTICE REQUIREMENTS

83.401 Termination Procedures.

An agreement of the parties for the rental of a premises, and for the lease/purchase of a premises, may be terminated in the following manner:

(1) Termination shall be for good cause under this Chapter or by the terms of the rental/lease agreement of the parties.

(2) The written notice must contain the reasons for the termination, and inform the person receiving notice of the right to make a reasonable reply.

83.403 Termination of Public Housing/Indian Housing Authority Tenancy.

Subchapter VIII contains further notice provisions concerning termination of public housing/Indian housing authority tenancies.

SUBCHAPTER V: EVICTION PROCESS

83.501 Grounds for Eviction.

After proper notice terminating a tenant's tenancy a tenant may be evicted from any premises, ordered to pay damages and costs, or otherwise be subjected to the order or judgment of the Tribal court for the breach of any obligation under this Chapter, any agreement, including an agreement to purchase or rent any dwelling, or for any other obligation provided by law. A tenant may be evicted for:

(1) Nonpayment of rent under an agreement for the lease purchase or occupation of a dwelling when such payments are not made after ten (10) calendar days of the agreement date of payment, or ten (10) calendar days following the first day of the month in a month-to-month tenancy.

(2) Any arrearage in rent, costs or damages which have been due and owing for thirty (30) calendar days or more. The receipt by a landlord or partial payments under an arrangement shall not excuse the payment of any balance due upon demand.

(3) Nuisance, property damage, or destruction, injuries to the property, person, or peace of other tenants, or injuries or damage to common areas and property.

(4) Noncompliance with this Chapter, building or housing codes, or the reasonable rules and regulations of the landlord.

(5) Occupation of any premises without permission or agreement, following any reasonable demand by a person in authority over the premises to leave.

(6) Failure to comply with any tenant obligation outlined in this Chapter.

83.504 Forcible Eviction.

(1) Where the Tribal Court orders an eviction, and the defendant or any other occupant of the premises refuses to vacate voluntarily by the effective date of that order, the defendant or other occupants may be forcibly removed from the premises by a tribal law enforcement officer. At the hearing where the eviction is ordered, the Tribal Court shall inform the defendant that if he does not vacate the premises voluntarily by the effective date, he and the other occupants will be subject to forcible eviction, and their property will be subject to storage, sale and disposal as set forth in '83.505.

(2) Following eviction, the Court may allow the landlord, the Housing Authority or the United States Government access to any property leased by either of them for purposes of preserving and securing it.

83.505 Storage of Personal Property Following Forcible Eviction.

Following forcible eviction of the defendant and/or other occupants, the former occupants' personal property shall be stored by the owner of the premises for at least thirty (30) days, either on the premises or at another suitable location. In order to reclaim their property, the former occupants must pay the reasonable costs of its removal and storage. If they do not pay such costs within thirty (30) days, the owner is authorized to sell the property in order to recover these costs. Upon request by the former occupants, the landlord must provide them with pertinent information concerning the sale, including the time, date and location. Any proceeds from the sale in excess of the storage and removal costs must be remitted to the former occupants. Nothing in this section shall be construed to prevent the former occupants from reclaiming property remaining after the sale if they can arrange to do so in a manner satisfactory to the owner.

83.506 Public Housing/Indian Housing Authority Eviction Process.

Subchapter VIII of this Chapter contains further provisions concerning public housing/Indian housing authority eviction process.

SUBCHAPTER VI: NOTICE PROCEDURES

83.601 Notices Other Than Notices to Cancel or Terminate an Agreement.

Any notice to a landlord or tenant to comply with the a greement of the parties or this Chapter, other than a notice to cancel or terminate the agreement of the parties, may be given in any reasonable manner, or as provided by the agreement of the parties.

83.602 Notice to Cancel or Terminate Agreements, and Notices to Leave the Premises.

Any notice to cancel or terminate an agreement for the lease/purchase, use, or occupancy of a dwelling, or to leave a premises, must be in writing, and must be delivered to the tenant or landlord in the following manner:

(1) Delivery must be made by:

• a law enforcement officer of the Tribe or an agency of the United Stated Government; or
• any person authorized by the Tribal Court; or
• any adult person.

(2) Delivery will be effective when it is:

• personally delivered to a tenant with a copy delivered by mail; or
• personally delivered to an adult living in the premises with a copy delivered by mail; or
• personally delivered to an adult agent or employee of the landlord or the tenant with a copy delivered by mail.

(3) If the notice cannot be given by means of personal delivery, or the landlord or tenant cannot be found, the notice may be delivered by means of:

• by sending it by first class-mail and by certified mail addressed to the person in possession, at the address identified in the lease or rental agreement.

83.603 Copy of Notice/Proof of Service.

The person giving notice must keep a copy of the notice and proof of service in accordance with this Chapter, by affidavit or other manner recognized by law.

83.604 Public Housing/Indian Housing Authority Notice Procedures.

Subchapter VIII of this Chapter contains further provisions concerning public housing/Indian housing authority notice procedures.

SUBCHAPTER VIII: PUBLIC HOUSING/INDIAN HOUSING AUTHORITY

83.801 General Applicability.

The following Chapter is a supplement to the provisions set forth elsewhere in this Chapter. There are landlord/tenant rights, obligations and remedies which may apply to public housing/Indian housing authority dwelling accommodations in addition to the landlord/tenant rights, obligations and remedies set forth in Subchapter III of this Chapter. There are also provisions concerning termination, eviction process, notice procedures and court procedures which may apply to public housing/Indian housing authority dwelling accommodations in addition to the provisions set forth in Chapters IV and V of this Chapter. These additional provisions may be set forth in the rental or lease/purchase agreement; the laws and regulations of the United States Government; the tribal ordinance establishing the Housing Authority; and/or this Chapter.

83.802 Termination/Eviction Requirements.

Where the landlord is the public housing/Indian housing authority, the agreement may be terminated under Subchapter IV and the tenant evicted under Subchapter V only where there is serious or repeated violations of the terms or conditions of the agreement or for other good cause, and/or for criminal activity that threatens the health, safety or rights to peaceful enjoyment, or drug related criminal activity engaged in by tenant, member of the household, guest or other person under the tenant's control.

83.803 Notice to Quit Requirements.

The following requirements shall apply to notices to quit issued by public housing/Indian housing authorities:

(1) The notice must provide for not less than a reasonable time but not to exceed thirty (30) days following the date of service of the notice to quit in order to leave, except in cases of where the safety of other tenants or IHA employees is threatened, and in cases of nuisance as provided in ' 83.402.

(2) All tenants shall be given fourteen (14) days in the case of nonpayment of rent.

(3) The Tribe must be notified in cases where a lease/purchase agreement or a mortgage is involved.

83.804 Housing Authority Notice Procedure.

Where the person giving notice is the public housing/Indian Housing Authority, the notice must be sent to both the Tribe and the Tenant, and both notices must include a statement that the tenant and Tribe may each be represented by or accompanied by a person of their choice.

This Court notes that special consideration is given to tenants of public housing/Indian Housing Authority units to resolve disputes. (See STC §§ 83.403, 83.503, 83.604, 83.801, 83.802, 83.803, and 83.804) To be sure, as a matter of Tribal law, tribal housing tenants are given more time and more chances to comply than any other tenant who may by subject to the jurisdiction of the Tribe under Chapter 83. This is so because the ultimate charge of the Appellee, the Sault Tribe Housing Authority, is to provide safe and affordable housing to Tribal Members1 taking into consideration the unique circumstances that effect Tribal members, their families and their housing situations.

83.802 Termination/Eviction Requirements.

Where the landlord is the public housing/Indian housing authority, the agreement may be terminated under Subchapter IV and the tenant evicted under Subchapter V only where there is serious or repeated violations of the terms or conditions of the agreement or for other good cause, and/or for criminal activity that threatens the health, safety or rights to peaceful enjoyment, or drug related criminal activity engaged in by tenant, member of the household, guest or other person under the tenants control. (emphasis added)

Here, the record reflects numerous attempts to afford the Appellant an opportunity to come into compliance with her lease agreement. (Complaint Attachment at 1-17) She failed to do so. After the filing of the Complaint, the record also reflects an opportunity for the Appellee to present evidence at an Evidentiary Hearing to prevent termination of her lease agreement. (Order After Pre-Trial Hearing) She failed to appear. After the Default Judgment was issued, correspondence dated March 7, 2024 from the Appellee was sent to the Appellant providing notice of the timeline to cure established by the Default Judgment and allowing five (5) additional days to come into compliance. (Appellee Brief at 3) She failed to cure. Only after the Writ was served on the Appellant on or about March 18, 2024 for possession of the residence, did she act to pay her accrued utility bill, convert the utility back into her name and complete the required form related to unauthorized occupant in the residence. (Id. at 4)

In the Notice of Appeal, the Appellee Brief and at oral argument the Appellant pointed to no mistake of fact or error of law by the Tribal Court. The Appellant's only argument was that she is now in compliance and does not want her and her three children to be without a home. However, the record reflects that she had ample notice, time and opportunity to rectify her lease violations. She failed to do so within the timelines allotted by Tribal law and the Appellee took action to enforce the agreement. The Anishinaabe teachings of nibwaakaawin (wisdom-use of good sense), minadendmowin, (respect — act without harm) as well as ayaangwaamizi (careful and cautious consideration) guide this Court's decision-making. Applying such teachings, this Court notes that current compliance is not a mitigating factor to remedy past violations. There is no indication in the record that the Appellee acted outside of the mandates of Tribal law or that the Tribal Court erred in its finding of fact or application of Tribal law. While this Court is compassionate to the Appellant's housing situation, this Court cannot modify the requirements in the Appellee's agreement, enlarge timelines for compliance, or excuse the Appellee's failure to act in a timely manner. This Court is guided by previous decisions in which deference is given to the "special opportunity of the Tribal Court to assess the credibility of the witnesses who appear before it and will not substitute its judgment for that of the Tribal Court unless such credibility determinations are clearly erroneous." Stewart at 2. No such clear error is present here. Therefore, this Court finds that the Tribal Court correctly applied the law to the facts in issuing the Default Judgment, and subsequently, the Writ, that led to the Appellee's possession of the residence.

ORDER

For the reasons stated above, the Default Judgment is affirmed and the matter is dismissed.

It is SO ORDERED.