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As used in this Title, the following words will have the meanings given them in this section unless the context plainly requires otherwise:

A. 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 accommodations 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.

B. Adult person” means any person eighteen (18) years of age, or older.

C. Borrower/mortgagor” means the Nation, the Indian Housing Authority, or any individual Indian(s) or any heir(s), successor(s), executor(s), administrator(s), or assign(s) of the Nation or such Indian(s) or non-Indian(s) who has executed a mortgage as defined in this Title or a leasehold and permit mortgage as defined in this Title.

D. Building” means a structure, and any appurtenances or additions thereto, designed for habitation, shelter, storage and the like.

E. Building or housing codes” means any laws, ordinances, or governmental regulations of the Nation 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.

F. Courts of the Osage Nation” means the courts established by the Osage Nation Constitution.

G. Dwelling unit” means a house or building or portion thereof which is rented or leased as a home or residence by any person, not including public transient accommodation, such as hotel rooms.

H. Guest” means any person, other than the tenant, in or around a dwelling unit with the permission and consent of the tenant.

I. He/His. The use of he/his means he or she, his or her, and the singular includes the plural.

J. Housing Authority” means the Osage Nation Housing Authority, established by Osage Nation Ordinance No. 23-39 for the purpose of constructing and maintaining dwellings for public use within the territorial jurisdiction of the Nation.

K. Indian” means any person recognized as being an Indian or Alaska Native by any Nation, or by the government of the United States.

L. Indian country,” the “territorial jurisdiction,” or the “jurisdiction” of the Nation means all lands owned by, held in trust for, leased, occupied or otherwise controlled by a member of the Osage Nation, the Nation or by any entity of the Nation, or held in restricted fee status by any member of the Nation which are located within Indian country of the Nation under applicable provisions of the laws of the United States of America.

M. Landlord” means the Nation, Indian Housing Authority, a person, entity or federal government agency which is the owner, lessor or sublessor of a dwelling unit intended for the use of tenants.

N. Lease” means an agreement, written or oral, as well as valid rules and regulations, regarding the terms and conditions of the use and occupancy of real property, dwelling unit, building, or premises, including a lease-to-purchase agreement.

O. Leasehold and permit mortgage” means the mortgage of a lease of property given to secure a loan. A leasehold and permit mortgage may be created under federal home buyer programs, including, but not limited to, the Section 184 Indian Loan Guarantee program and other loan guarantee programs sponsored by the U.S. Department of Housing and Urban Development (HUD), the Department of Veterans’ Affairs (VA) or the U.S. Department of Agriculture (USDA), and any agreement entered between a borrower/mortgagor and lender/mortgagee permittee. “Leasehold and permit mortgage” as used in this Housing Code includes permits issued pursuant to 25 CFR 91, Government of Indian Villages, Osage Reservation, Oklahoma.

P. Lender-Designated Assignee. Any lender as defined in this Title may assign or transfer its interest in a mortgage or lease and/or leasehold and permit mortgage to a designated assignee. If the mortgage or lease and/or leasehold and permit mortgage falls under a federal agency home buyer program or federal agency loan guarantee program, the lender must seek written approval from the Nation of a proposed designated assignee any time prior to such assignment, transfer or assumption, except where the U.S. government and federal agencies guaranteeing or insuring the mortgage or leasehold and permit mortgage acts as a lender-designated assignee.

Q. Lender/mortgagee” means any private lending institution established to primarily loan funds and not to invest in or purchase properties, the Nation, and Indian Housing Authority, or a U.S. government agency which loans money, guarantees or insures loans to a borrower for construction, acquisition, or rehabilitation of a home. It also means any lender-designated assignee(s) or successor(s) of such lender/mortgagee.

R. Lessee” means a tenant of a dwelling unit, user and/or occupier of real property, or the home buyer under any federal mortgage program including the Mutual Help program. The lessee may, for purposes of federal agency home mortgage programs, be the Indian Housing Authority.

S. 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.

T. Mortgage” means a lien as is commonly given to secure advances on, or the unpaid purchase price of a building or land, and may refer both to a security instrument creating a lien, whether called a mortgage, deed of trust, security deed, or other term, as well as the credit instrument, or note, secured thereby.

U. Mortgage foreclosure proceeding” means a proceeding:

1. To foreclose the interest of the borrower(s)/mortgagor(s), and each person or entity claiming through the borrower(s)/mortgagor(s), in real property, a building, or in the case of a leasehold and permit mortgage, a lease for which a mortgage has been given under the home purchase program of any federal agency; and

2. To assign where appropriate the borrower(s)/mortgagor(s) interest to a designated assignee.

V. Mortgagee/lender” – see lender/mortgagee.

W. Mortgagor/borrower” – see borrower/mortgagor.

X. Nation” means the Osage Nation.

Y. National Recording Clerk” means the director of the Osage Nation real estate program or such other person designated by the Nation to perform the recording functions required by this document or any deputy or designee of such person.

Z. Nuisance” means 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.

AA. Owner” means 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.

BB. Person” includes the Nation, Indian Housing Authority, an individual or organization, and where the meaning of a portion of this Title requires, it means a public agency, corporation, partnership, or any other entity.

CC. Premises” means 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.

DD. Rent” means all periodic payments to be made to a landlord or lessor under a lease.

EE. Rental agreement” – see Lease.

FF. Reservation” means the Osage Nation Reservation in the State of Oklahoma.

GG. Shall,” for the purposes of this Title, will be defined as mandatory or must.

HH. Subordinate lienholder” means the holder of any lien, including a subsequent mortgage, perfected subsequent to the recording of a mortgage under this Title, except the Nation shall not be considered a subordinate lienholder with respect to any claim regarding a national tax on real property.

II. Tenant” means the lessee(s), sublessee(s), or person(s) entitled under a lease or mutual help occupancy agreement to occupy a dwelling unit to the exclusion of others. ONCA 09-10, eff. Apr. 8, 2009; ONCA 11-41, eff. Apr. 12, 2011.