Section 162.328 - Must a residential lease provide for rental reviews or adjustments?(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.