8.04.060 Residency Permits

(a) Residency Permits. There will be at least three categories of Residency Permits:

(1) "Grandfathered Resident" Permit. These Permits will be for Non-Members who were long term residents, as defined in the Ordinance who are residents on the date of the Ordinance. To obtain a Grandfather Residency Permit, the application must submit proof that he or she: (1) was a resident on Mohawk Territory on the date when the Residency Ordinance was approved; and (2) resided continuously on the Territory for at least that past five (5) years prior to that date. If the conditions are not satisfied, applications for Grandfather permits may be converted by the Board to applications for Regular Private Residency Permits. This Permit will allow the Non- Member to reside indefinitely on the Territory since the Permit will not have term and will not need to be renewed. The one-time Fee for this Permit will be a non-refundable Fee of $50.00. The Fee for this Permit is a one-time non-refundable fee of $50.00. The Term of the Permit is indefinite (no term and does not need to be renewed).

(2) Regular Residency Permit. These Permit is for Non-Members who seek to reside in privately owned properties who do not qualify for the Grandfathering Permits (not long term resident pre-dating the Ordinance or seek residency after Ordinance enacted). These are five (5) year Permits that must be renewed. There is non-refundable fee of $50.00 to apply for this Permit.

(3) Tenant Permits. These are Permits for Non-Members who reside or seek to reside in Rental Properties, as defined by in the Ordinance. Residency Permits will be required for tenants who rent or lease housing on a "long term basis", as defined in this chapter. Persons who rent or lease housing on a short term basis may also be required to obtain a Permit under conditions that the Board shall prescribe. The Fee for Tenant Permits will be $50.00, non- refundable and shall be good for the length of the tenant's lease or rental agreement.

(b) General Permit Application Requirements. In addition to the requirements above, all Residency Permits (Grandfathered, Regular Residency and Tenant) must contain, at a minimum, the following information:

(1) Name, address, date of birth, occupation, and other personal information about the Applicant

(2) How long has Applicant has lived on Mohawk Territory and the date when residence started

(3) Previous addresses (for at least the last ten years)

(4) Whether the person is a Non-Native or Other Native

(5) If the person is an Other Native what tribe, nation or band and any enrollment information

(6) Whether the person is married to, or a "life partner" with, a Tribal Member and information on the marriage or partnership (copy of marriage license, length of marriage)

(7) Name of Tribal Member spouse and enrollment information

(8) Information on any children in the household (whether biological, adopted, step, foster)

(9) Information on all other persons in the household (including any with special needs)

(10) If the person is a widow or widower, name of Tribal Member spouse and date of death

(11) Consent to a criminal background investigation

(12) Agreement that the applicant will agree to comply with Tribal laws

(13) Board will also provide information to applicants regarding deadlines for submitting and supplementing applications

(14) References (names and addresses and contact information) from at least 3 persons

(15) Any family ties to Akwesasne

(16) Any criminal record

(17) Explanation on why applicant desires to reside on the Territory

(c) Additional Board Authorization. The Board is authorized to develop Regulations that will assist and promote the Permitting process. Such Regulations may require Owners and Landlords of Rental Properties to carry out certain acts and duties such as informing Tenants of the Permit requirements, providing Permit forms to their Tenants and reporting and certifying to the Board regarding Tenant compliance and updating informant on an Owner's or Landlord's tenants. The Board is also authorized to develop additional Permit forms, if warranted, for "short term" residents on the Territory.