HACN tenants subject to federal, state law

Sara Serrano, Tahlequah Daily Press, Okla.
·2 min read

Mar. 22—The Housing Authority of the Cherokee Nation policy prohibits political activities on its rental properties in accordance with state and federal law, said officials responding to reports of complaints by residents.

Several HACN rental residents recently received notices that they were prohibited from conducting political activities on properties owned by the tribal housing authority. This includes placing political signs in apartment windows, vehicles on property grounds.

HACN manages 996 rental units in 27 complexes across the Cherokee Nation Reservation.

Todd Enlow, executive director for Cherokee Nation Housing Programs, explained this HACN policy is a function of state and federal law, both of which apply uniquely to HACN.

"Under Oklahoma law, an Indian housing authority is an agency of the State of Oklahoma. And any Oklahoma state law applicable to housing authorities created for cities and counties also would likewise apply to the rental properties owned and administered by the HACN," said Enlow."

This is in reference to Oklahoma Statue 63-1057. HACN operates as a state entity but yet adheres to federal law, and works with the Cherokee Nation. Nevertheless, some tenants felt their freedom of speech was being violated or that they were being pressured against supporting candidates of their choice for tribal office.

Enlow said similar notices have been provided to rental tenants over the past several decades.

"Furthermore, because the HACN administers federal funds through the U.S. Department of Housing and Urban Development and the Native American Housing and Self-Determination Act, the property owned by the HACN cannot be used in furtherance of any political activity prohibited by the Hatch Act of 1939," said Enlow.

Under the Hatch Act, Enlow explained, federal property, or those state and local agencies that administer federal funding are prohibited from using public property in political activities.

"We hope that all tenants will comply with all pertinent laws and policies," he said. "Any violation by the tenant will be served with a notice of non-compliance. This notice allows the tenant to make the necessary changes or corrections to deficiencies in the notice."