8-3-1.5. DEFINITIONS - AMENDMENT.

As used in this code the following words will have the meanings given them in this section:

1. An “action”, “suit” or “lawsuit”, “claim”, “complaint” or “defense” will include 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 of such housing, dwellings or accommodation, damages to such units, fees, costs or expenses relating to them, the condition of such units or the relationship between owners and occupiers of such units, including the right to occupy them.
2. “Building or housing codes” or any law, ordinance 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.
3. “Code” shall refer to the Rosebud Sioux Landlord/Tenant Code except when reference is made specifically to Rosebud Tribal Code.
4. A “dwelling or dwelling unit” means a structure or part of a structure that is used as a home, residence or sleeping place by any person who maintains a household.
5. An “Indian” is any person recognized as being an Indian or Alaska Native by any tribe, the Government of the United States or any state, or any person who is recognized or acknowledged to be “Indian” in the community and who has an ancestor or ancestors who resided on the North American continent prior to 1492.
6. “Indian Country”, the “territorial jurisdiction” or the “jurisdiction” of the Tribe shall include all lands owned by, held in trust for, leased, occupied or otherwise controlled by the Rosebud Tribe, as well as any such ownership or use by an entity of the Tribe, and those terms will include any and all areas which may constitute the “Indian Country” of the Tribe under applicable provisions of its laws or the laws of the United States.
7. The “Indian Housing Authority” is that entity established under the laws of the Tribe, the laws of the State of South Dakota or otherwise, for the purpose of constructing and maintaining dwellings for public use within the territorial jurisdiction of the Tribe.
8. A “landlord” is any person or entity or agency of government that is the owner, or sub-lessor of a dwelling unit and it also means a manager of any such dwelling unit.
9. An “M.H.O.” refers to Mutual Home Owner’s agreement as utilized by the United States Department of Housing and Urban Development.
10. An “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.
11. A “person” includes 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 recognized by law.
12. A “premises” is a dwelling unit and the structure of which it is a part, and all facilities and areas connected with it, including grounds, areas and facilities intended for the use of tenants or whose use is either promised or practiced for tenants.
13. “Rent” means all payments to be made to an owner or landlord for the lease, purchase or occupancy of a dwelling under an express or implied agreement for the purchase or occupancy of it. For the purposes of this code the term rent will be used to refer to payments to be made under any agreement for either the purchase of occupation of a dwelling, including all lease or mutual help and occupancy agreements between an Indian Housing Authority and any person. It shall also be deemed to include a “MHO Contribution”. The term shall also include any payment due and owing for the purposes of any eviction due to a default in a mutual help and occupancy agreement, purchase agreement or other agreement for the sale of housing.
14. A “rental agreement” means any agreement, written, oral or by practice of the parties, as well as valid rules and regulations regarding the terms and conditions for any use or occupancy of a dwelling or premises. For the purposes of this code it shall also include any agreement which governs the use and occupancy of a dwelling under a use and occupancy agreement, an MHO agreement or any sales agreement where a person has not yet achieved home ownership under that agreement.
15. The “reservation” in this code is the Rosebud Reservation of the Rosebud Tribe.
16. A “tenant” is any person to rent, purchase or occupy a dwelling under an agreement to rent, occupy or purchase a dwelling, and it includes any person actually occupying a dwelling that he or she does not own. It will also include any person of the same household of a tenant, including guests, actual occupiers, heirs or successors to any interest in a dwelling. It shall also include any person contracting under a scatter-site mutual help housing or similar arrangements.
17. The “Tribe” is the Rosebud Tribe of the Rosebud Reservation of South Dakota.