BELLINGHAM — An almost decade-long dispute may soon come to an end after a recent court ruling determined the evictions of more than 20 Indigenous residents living in Nooksack Tribal housing in Deming will be allowed to proceed, and the Tribe said it would not accept a counteroffer from the families.
The seven families have rented their Nooksack-owned homes since the late 1990s and early 2000s through the federal Low-Income Housing Tax Credit (LIHTC) program, with the goal of Eventual Tenant Ownership.
But since the families were part of more than 300 people disenrolled from the Tribe in 2016 — something the families and their representative have long disputed the legitimacy of — the Nooksack Tribe has been working to evict them.
The families self-identify as Nooksack but Tribal leaders say they were incorrectly enrolled in the 1980s and have not provided adequate proof of their lineage, which the Tribe requires as eligibility for the families to live in Nooksack-owned housing.
Eviction notices were sent to the families in 2020 and 2021, but the process was put on hold as the families challenged them in court.
After an October court ruling sided with the Tribe, leaders sent a notice to the impacted families offering to allow them to remain in their housing until Dec. 31, 2024, rather than move to evict them immediately.
“As you may know, under the Nooksack Tribal Code (NTC), the Nooksack Tribal Court must issue a writ of restitution (eviction) with an eviction date no later than fourteen (14) days after entry of the writ unless the parties agree to extend the date,” the notice states.
The Tribe required that the families accept the terms of the offer letter by Oct. 31. The families instead made a counteroffer asking that they be allowed to remain in their homes “until we pass on or move away, at which time they will automatically go to the Tribe.”
Michelle Roberts, one of the residents facing eviction, has been the families’ court advocate for more than a decade. She wrote the counteroffer letter and told The Bellingham Herald the families collectively decided to reject the Tribe’s offer because “they want to stay in their homes.”
“The current Tribal Chair and Council inherited this terrible situation, but they do not need to continue it. We propose peace and reconciliation. We propose to the new Tribal Council that we no longer fight about who is Nooksack, who owns our homes, or who changed or broke the rules,” the counteroffer letter stated.
The Nooksack Indian Tribe declined the counteroffer and said it would again begin proceeding with the evictions.
“Nooksack follows a constitution, laws, and rules that were established by the Nooksack people. We cannot violate our constitution, laws, or rules. We simply want those who were served eviction notices from Nooksack housing over three years ago, to leave peacefully and without causing harm,” the Nooksack Tribal Council’s response to the counteroffer states.
Nooksack did not respond to a request for comment from The Herald about how quickly the families could be served eviction notices. But Roberts said the families have a court hearing Nov. 15 where she expects them to receive eviction notices. This would require them to be out of their homes by the day after Thanksgiving.
“If at that point the families still don’t want to leave, it’s unknown what will happen,” Roberts said.
Like many Nooksack Tribal members, the families facing eviction are enrolled members of another Indigenous group in British Columbia known as the Shxwha:y Band. That band has been making efforts to purchase land and build homes for its members, which could be an option for the impacted families’ relocation.
But Roberts made clear that securing housing through the Shxwha:y Band is not assured as the group has an application process and many people seeking housing.
“They have a wai tlist of people needing housing just like Nooksack. If there was an emergency, maybe some people could be prioritized for the housing. But it’s just not a guarantee,” Roberts told The Herald.
The Tribe said it intends to reallocate the properties to other Nooksack families on the waiting list for low-income housing, which currently includes more than 214 people — including some unhoused individuals and 15 elders. Nooksack operates 111 housing units reserved for Tribal members.
