§ 162.328. Must a residential lease provide for rental reviews or adjustments?
292 words·~1 min read·
/us/cfr/t25/s§ 162.328·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)For a residential lease of tribal land, unless the lease provides otherwise, no periodic review of the adequacy of rent or rental adjustment is required if:
(1)The tribe states in a tribal certification or authorization that it has determined that not having rental reviews and/or adjustments is in its best interest; or
(2)The lease is for housing for public purposes.
(b)For a residential lease of individually Indian owned land, unless the lease provides otherwise, no periodic review of the adequacy of rent or rental adjustment is required if:
(1)The lease is for housing for public purposes;
(2)The term of the lease is 5 years or less;
(3)The lease provides for automatic rental adjustments; or
(4)We determine it is in the best interest of the Indian landowners not to require a review or automatic adjustment based on circumstances including, but not limited to, the following:
(i)The lease provides for payment of less than fair market rental; or
(ii)The lease provides for most or all rent to be paid during the first 5 years of the lease term or before the date the review would be conducted.
(c)If the conditions in paragraph
(a)or
(b)of this section are not met, a review of the adequacy of rent must occur at least every fifth year, in the manner specified in the lease. The lease must specify:
(1)When adjustments take effect;
(2)Who can make adjustments;
(3)What the adjustments are based on; and
(4)How to resolve disputes arising from the adjustments.
(d)When a review results in the need for adjustment of rent, the Indian landowners must consent to the adjustment in accordance with § 162.012, unless the lease provides otherwise.