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Godfrey & Kahn’s Indian Nations Law Team assists tribes, tribal housing authorities and other tribally-designated housing entities, as well as nonprofit agencies that partner with tribes to meet the housing needs of tribal communities. Our housing law practice emphasizes development of new housing by leveraging NAHASDA block grants with other funding sources and establishment of programs to encourage home ownership by members. The Firm’s experience includes assistance in connection with:

• Compliance with the requirements of the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA), including environmental reviews, procurement issues, finance and other matters
  
• Structuring of tribally designated housing entities, whether traditional tribal housing authorities formed for purposes of the 1937 Housing Act, tribal housing departments or tribal housing corporations
  
• Leveraging NAHASDA funds with other private and public sources of financing, including

  • Rural Rental Housing loans from the United States Department of Agriculture under Section 515 of the Housing Act of 1949
  • Low Income Housing Tax Credits under Section 42 of the Internal Revenue Code
  • Affordable Housing Program subsidies from regional Federal Home Loan Banks
  • Tax Exempt Bonds
  • State Affordable Housing Program funds
  • HUD Indian Community Development Block Grants
  • HUD loans guaranteed under Title VI of NAHASDA
  • HUD loans guaranteed under Section 184 of the Housing and Community Development Act of 1992
  • U.S. Department of Agriculture Community Facilities and Rural Utilities Services grants and low-interest loan
  • HUD Section 202 subsidies for elderly housing
    

• Establishment of legal infrastructure to support home ownership on tribal trust lands under long term leases, including

  • Tribal Realty Ordinances that 1) define ownership rights of members under long term leases and their ability to pass property to non-member spouses and children, 2) establish a land records system enabling tribes to reassume control over information relating to tribal lands, and 3) provide procedures, checks and balances for acquisitions and stewardship of tribal lands
  • Mortgage Lending Ordinances that 1) encourage mortgage lenders to lend to members on trust lands, 2) assure that tribal land remain occupied by members in the event of default, and 3) provide for tribal court jurisdiction, and tribal government participation, in foreclosure proceedings
  • Probate ordinances providing for rules to pass assets from one generation to the next through a tribal court process that serves the interests of members and respects tribal culture
    

• Establishment and operation of tribal home mortgage loan programs and tribally-sponsored mortgage lending institutions under the U.S. Department of Treasury’s Community Development Financial Institutions (CDFI) program
  
• Operational issues, including developer and architect contracts, construction contracts, employment matters, benefits and business transaction advice.

Godfrey & Kahn, S.C. is a general practice law firm of approximately 200 attorneys with Wisconsin offices in Milwaukee, Madison, Green Bay, Waukesha and Appleton, as well as offices in Washington, D.C. and Shanghai, PRC. The mission of the Godfrey & Kahn Indian Nations Law Team is to assist tribal governments and other entities that partner with tribes, in strengthening tribal sovereignty, preserving tribal natural and cultural resources, and improving the quality of life of tribal members.