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HomeMy WebLinkAboutMINUTES - 03181997 - C90 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS FROM: Richard J. Martinez,Executive Director DATE: March 18, 1997 SUBJECT: PUBLIC HOUSING LEASE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: ADOPT Resolution No.4000 approving the Revised Public Housing Lease as mandated by U. S.Department of Housing and Urban Development(HUD)and recommended by the Advisory Housing Commission. II. FINANCIAL IMPACT: None. III. REASONS FOR RECOMMENDATIONBACKGROUND The U. S.Department of Housing and Urban Development(HUD)regulations require all Housing Authorities that manage Public Housing Developments have a Lease. With the implementation of the"One Strike and You're Out"policy,the Housing Authority has revised its Public Housing Lease as required by HUD. The revised Lease has been posted at Housing Authority field offices for the required 30 day period as mandated by HUD. A copy of the Lease is attached. IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect not to adopt Resolution No.4000,the Housing Authority would be in violation of HUD requirements for operating Public Housing Developments. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON MAR 18 1997 APPROVED AS RECOMMENDED OTHER VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE SHOWN. ATTESTED MAR 18 1997 PHIL BATCHELOR,CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR r BY )DEPUTY THE BOARD OF COMMISSIONERS HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA RESOLUTION NO. 4000 RESOLUTION APPROVING REVISED PUBLIC HOUSING LEASE AS REQUIRED BY HUD WHEREAS,the Contra Costa County Housing Authority ("PHA")manages Public Housing Developments; and WHEREAS, the U. S. Department of Housing and Urban Development(HUD) regulations require all Housing Authorities that manage Public Housing Developments have a Public Housing Lease; and WHEREAS,recent changes in HUD Regulations implementing the "One Strike and You're Out"policy, necessitated a revised Public Housing Lease including language covering the"One Strike and You're Out"policy, NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Housing Authority of the County of Contra Costa that the Revised Public Housing Lease set forth as required by the U. S. Department of Housing and Urban Development(HUD) become effective immediately. PASSED AND ADOPTED ON MAR 18 1997 by the following vote of the Commissioners. AYES: Commissioners Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE SHOWN. ATTESTED MAR 18 1997 PHIL BATCHELOR, CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY phlseres HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA DWELLING LEASE Development Lease No. Unit No. Number of Bedrooms 1. PARTIES. This Lease Agreement(Lease) is entered into between the Housing Authority of the County of Contra Costa, a public body corporate and politic("Authority"), and the following named tenant or tenants: _(collectively referred to herein as"Tenant"). Each Tenant is individually,jointly and severally responsible for performance of all obligations under this Lease including, but not limited to, the payment of rent and additional rent, as defined hereinafter. 2. DESCRIPTION OF PREMISES. Authority agrees to rent to Tenant the dwelling unit located at (hereinafter referred to as the"Residence") subject to the terms and conditions stated herein. The Residence is located in a federally-funded public housing development owned by the Authority ("Development"). Tenant shall have the right to the exclusive use of the Residence under the terms of this Lease. 3. EFFECTIVE DATE AND TERM. The term of this Lease will commence on ("Effective Date") and shall continue on a month-to-month basis until terminated by the Authority or Tenant as provided in this Lease. 4. HOUSEHOLD MEMBERS. A. Household Members. This Residence is a private residence to be occupied only by the following persons, who will be referred hereinafter as the"Household"or as"Household Members"). [List all family members, including the Tenant, below]: Name of Household Member Relationship to Tenant Date of Birth t. Tenant 2. 3. 4. 5. 6. 7. 8. 9. 1 B. Use of Residence; Visitors. Tenant shall use the premises solely as a private dwelling for Tenant and Tenant's household as identified above and shall not use or permit the use of the premises for any other purpose. Tenant shall not permit and shall prohibit anyone other than a Household Member from residing in the Residence during Tenant's absence. Tenant shall not permit and shall prohibit anyone other than a Household Member from using the Residence as an address or as a"mail drop," and shall not permit and shall prohibit anyone from staying at the Residence for more than 14 days in any month or 45 days in any calendar year. C. Adding Household Members. No person shall be added to the Residence as a Household Member unless a prior written request is made to the Authority and the proposed addition is approved in writing by the Authority. No person shall be added to the Residence as a Household Member unless that person is first screened by the Authority and meets all applicable eligibility and screening requirements. The Authority may, in its discretion, reject any proposed addition that results in overcrowding of the Residence. The Tenant shall not be entitled to any priority or preference with regard to transfer to a new dwelling unit based on a change in the size of the household. D. Live-In Aide. If a Household Member qualifies under Authority and federal regulations, policies and guidelines to have a live-in aide, the aide shall have no tenancy rights. The aide may live at the Residence only so long as the Authority determines that the Household Member qualifies for the aide's necessary services. 5: RENT. A. Monthly Rent and Additional Rent. Tenant will pay $ rent per month ("Monthly Rent"), due and payable in advance on the first day of each calendar month, beginning . Unless directed to do otherwise by the Authority, Tenant shall pay rent only by personal check, certified check or money order. In the event that the term of this Lease shall begin on a day other than the first day of the month, the monthly rental stated above shall be prorated based on a thirty day month and shall be due and payable at the time the Tenant signs this Lease. The Monthly Rent is subject to change pursuant to Section 6 of this Lease ("Rent Determinations and Modifications"). All other payments due under this Lease including, but not limited to, maintenance and repair fees, utility charges, late charges and returned check charges shall be deemed "Additional Rent." The Authority shall apply all moneys received from Tenant to the oldest amount due on Tenant's account. B. Administrative Late Charge. If Tenant fails to pay Monthly Rent or Additional Rent by the fifth day after it is due, then Tenant shall be liable for an administrative late charge in the amount of ten dollars ($10.00), which shall be due and payable 14 days after the Authority gives written notice of said charge. This administrative late charge does not establish a grace period; Authority may make written demand for payment if rent is not paid on its due date. Authority and Tenant agree that the administrative late charge is the damages sustained because of Tenant's late payment of rent, and that it is impracticable or extremely difficult to fix the actual damages. C. Returned Checks. Tenant shall be liable for all bank charges incurred by the Authority if a check written by Tenant is returned for insufficient funds and the Authority may impose a reasonable service charge to cover bank charges imposed for returned checks. The Authority may require Tenant to pay by certified check or money order if Tenant's bank has returned one'or more personal checks unpaid within the last 12 months. The Authority will not accept personal checks for past-due rent. This section does not establish a grace period, and Authority may make written demand for payment immediately upon receipt of a returned check. D. Rent Liability Following Vacation of Residence. Tenant shall be liable for rent through the date that all Household Members vacate the Residence, provided that Tenant has given at least 30 2 days written notice to Authority of Tenant's intent to vacate. In the absence of such notice, Tenant shall be liable for rent for 30 days after the date the Authority actually learns that all Household Members have vacated the unit, or 30 days after all Household Members have vacated the unit, whichever is last to occur. E. Rent Liability Upon Transfer to Another Unit. If the Authority transfers the Household to another Authority dwelling unit, any charges or credits due on the Tenant's account shall be transferred to the account for the new unit. Any amounts owed by Tenant to the Authority prior to the execution of this Lease shall be deemed due under this Lease. 6. DEPOSITS. A. Security Deposit. The Tenant shall pay the sum of$ to the Authority as a security deposit. Authority will hold the security deposit for the faithful performance by Tenant of Tenant's obligations under this Lease, including payment of rent, and, after surrender of the premises, Authority may use the security deposit for any purpose permitted by California law. Within three weeks after all Household Members have vacated the Residence, the Authority will return the security deposit to Tenant, minus any deductions permitted by law. Payment of the security deposit shall be made either(check one): ❑ At or before the time of move-in, or❑ By payment of$ , at or before the time of move-in, with the balance to be paid in installments of$ per month for each month after move-in until the balance is paid in full (not to exceed three months). B. Pet Deposit. The Authority may collect a pet deposit in accordance with the Pet Policy. Tenant may request a refund of the pet deposit upon termination of the tenancy or after Tenant has provided documentation, sufficient to the Authority in its sole discretion, that Tenant no longer has a pet. The Authority shall refund such deposit only after an inspection of the Residence for pet damage and after making reasonable deduction for such damage. C. General. No trust relationship between Authority and Tenant is created on account of any deposit, and the Authority is not obligated to maintain monies paid toward security or pet deposits in a segregated account. The Authority shall have no obligation to pay interest on any deposit. Tenant agrees to participate in a move-out inspection or"pet removal inspection"with Authority at the time of vacating the Residence or removal of the pet. If Tenant fails or refuses to participate in either the move-out inspection or the pet removal inspection, the Authority's written inspection report will be conclusively presumed to be correct. 7. UTILITIES,APPLIANCES AND SERVICES. The Authority agrees to furnish the following utilities in accordance with current Schedule of Utilities Consumption posted in the on Development office and in the Central Office: ❑Gas ❑ Electricity ❑Water ❑ Cable TV Hook-up ❑Garbage ❑ Sewer An allowance for tenant-purchased utilities in accordance with the current schedule is posted in the Development office and in the Central Office and has been deducted from Tenant's gross rent. Authority shall supply running water and reasonable amounts of hot water and heat, except in those cases where the heat or hot water is generated by an installation within the exclusive control of Tenant and supplied by a direct utility connection. Tenant shall be responsible for the payment of Tenant's share of cable TV and all other utilities and services to the Residence. Unless Authority has agreed in this Section 3 to furnish gas and electricity to the Residence, Tenant shall be required to furnish and maintain gas and electric service to the Residence and Tenant's failure to do so shall be a violation of this Lease and grounds for termination of the Lease. A. Excess Utility Consumption. If the Residence has an individual check meter for gas or electricity, Tenant may use only a reasonable amount of gas or electricity, as determined by the Schedule of Utilities Consumption published by the Authority, at no cost to Tenant. Tenant agrees to pay to the Authority reasonable charges for the use of utilities provided by the Authority which is in excess of the amount of such utilities specified in the Schedule of Utility Consumption. B. Appliances. The Residence is equipped with a cooking stove, refrigerator and the following other appliances: C. Service, Repair and Damage Charges. Tenant shall pay for any service, repair, maintenance or equipment made necessary by Tenant's failure to keep the Residence (including appliances) in good condition, except for normal wear and tear. Tenant shall pay for the repair of damage to Authority property, including buildings, equipment and common areas, and for cleaning or extermination made necessary by Household Members or their guests. A schedule of maintenance and repair charges is posted in the Development office. D. Payment of Charges. Charges assessed to Tenant for maintenance or repair services or for excess utility consumption shall be charged to Tenant's account and shall be due and payable 14 days after the Authority gives written notice of the charges. S. RENT DETERMINATIONS AND MODIFICATIONS. A. Accordance With Applicable Laws. All rent and unit size determinations and rent adjustments shall be made in accordance with applicable federal regulations and Authority policies copies of which are available in the Development office and in the Central Office. B. Regular Annual Reexamination. Once each year, as requested by the Authority, Tenant shall furnish complete and accurate information for use by the Authority in conducting an Annual Reexamination. Tenant shall attend the Annual Reexamination at the time and place noticed by the Authority and shall provide to the Authority complete and accurate information requested by the Authority, which may include, but is not limited to, the following: (1) Household composition (including, but not limited to, full name, sex, social security number and date of birth for each Household Member); (2) Each Household Member's income amount, the source of that income and the place of employment; and (3) Any other information requested by the Authority to make determinations with respect to Monthly Rent, continued eligibility, accessibility needs, and appropriate dwelling unit size. C. Interim Rent Review. The Authority shall have the right to demand that Tenant submit to an interim rent review if the Authority has cause to believe that a change in the Monthly Rent is appropriate. Tenant may request an interim rent review at any time. Tenant shall attend any meetings held to conduct the interim rent review at the time and place specified by the Authority and shall provide to the Authority complete and accurate information as specified by the Authority. 4 D. Releases and Verifications. Tenant shall comply with reasonable requests for verification by signing releases for third-parry sources of information to enable the Authority to verify this information, presenting documents for review, or providing other suitable forms of verification. If Tenant claims that a Household Member has vacated the Residence, then the Authority may require Tenant to submit proof, satisfactory to the Authority in its sole discretion, that the Household Member is no longer living in the Residence. E. Tenant's Reporting Requirements. Tenant shall report to Authority any of the following changes in family circumstances no later than ten (10) days after said circumstance occurs: (1) Any person is proposed to move into the Residence or any person moves out of the Residence, including, but not limited to, births, deaths and adoptions. (2) Any Household Member commences to receive unemployment compensation or general assistance and/or such compensation or assistance is terminated. (3) Any Household Member, 18 years or older, commences employment or commences to receive disability or social security benefits. (4) There is a change in the Tenant's family circumstances (such as a decrease in income) as would create a hardship situation. In the event rent is decreased in accordance with the provisions of this subsection, Tenant shall report all increases in family income or decrease in expense deductions which occur prior to the next annual reexamination, within said ten (10) day period. F. Effective Date of Rent Adjustment. (1) If the Authority increases the Monthly Rent pursuant to a rent review or annual reexamination, then the new Monthly Rent shall be effective on the first day of the second month following the completion of the review. If Tenant's delay in providing information that justifies as a rent increase, then the Authority may make the increase retroactive to Tenant's annual review date or the date that the increase should have occurred, whichever is earlier. (2) If the Authority decreases the Monthly rent pursuant to the review, then the revised Monthly Rent shall be effective on the first day of the month following the completion of the review. G. Notice of Determination. When the Authority redetermines the amount of rent payable by Tenant, not including determination of the Authority's schedule of utility allowances, Authority will mail or deliver a notice of the determination to Tenant in accordance with Section 18 of this Lease. 9. PET PROHIBITION. Tenant shall not keep, or permit to be kept, any dog, cat, or other animal or pet in, on or about the premises except with the express written permission of the Authority. Where such permission is granted, Tenant shall abide by all of the regulations of the Authority respecting the care and control of such animals. 10. INSPECTIONS AND ENTRIES A. Initial Inspection - Move In. The Authority and Tenant shall inspect the Residence before Tenant takes occupancy. The Authority shall furnish Tenant with a written statement of the condition of the Residence and the equipment provided with the Residence. Tenant and the Authority shall sign the statement. 5 B. Annual Inspection. Tenant shall submit to an annual inspection of the Residence, upon request of the Authority. C. Final Inspection -Move Out. The Authority shall inspect the Residence when Tenant vacates and shall furnish the Tenant with a statement of damage to the Residence, if any, including charges to be deducted from the security deposit. Tenant may participate in the Final Inspection. D. Interim Inspections. Tenant shall permit the Authority, upon reasonable advance notice, to enter the Residence during normal business hours so that the Authority may perform routine inspections or maintenance, make improvements or repairs, show the Residence for re-leasing or if Authority believes that an unsanitary or hazardous condition exists. A written statement specifying the purpose of the entry delivered to the Residence at least forty-eight(48) hours in advance shall be considered reasonable. E. Entry Without Advance Notice or in Absence of Adult Household Member. (1) Notwithstanding the foregoing, an employee or representative of the Authority may enter the Residence at any time without advance notice when it has cause to believe that an emergency exists or if the Residence appears abandoned or to make repairs requested or agreed to by Tenant. (3) If all adult Household Members are absent from the Residence at the time of entry by the Authority, then the Authority shall leave in the Residence a written statement specifying the date, time and purpose of the entry. F. Entry by Peace Officers or Inspectors. The Authority may permit a peace officer or building or health inspector to enter the Residence upon presentation by such official of a warrant or order, or to arrest a person that a peace officer believes to be in the Residence, or if a peace officer orders the Authority employee to open the Residence. 11. TRANSFERS A. Tenant Shall Transfer At Authority Direction. If the Authority determines that Tenant's Household should be transferred from the present Residence, then the Household shall transfer to an alternate Authority unit within 30 days of written notification by the Authority that an alternate unit is available. Upon receipt of the keys to the new unit, Tenant shall immediately transfer all personal property to the new unit. Transfers made pursuant to Section 11.A.(1) shall be at Tenant's sole expense. Grounds for requiring transfer to a new unit may include, but are not necessarily limited to, the following: (1) The size of the Residence is no longer appropriate for the Household composition; or (2) A transfer is necessary to protect the health or safety of a Household Member or another Authority resident; or (3) A Household Member needs to live in a unit with special features(e.g., handicap access) not available at the Residence; (4) The Residence has special features and the Housing Authority determines that another family needs to live in a unit with the special features available at the Residence, and further determines that no Household Member needs those special features. (5) A transfer is necessary to accommodate the remodel, modernization or repair of the Residence. 6 B. New Lease; No Waiver. If the Household transfers to another dwelling unit, then this Lease shall terminate and a new written lease agreement shall be executed for the new dwelling unit. By transferring Tenant to another dwelling unit, however, the Authority shall not waive its right to terminate the lease for that new unit or to evict the Household from that new unit based upon conduct that occurred before the transfer(when Tenant resided at the Residence to which this Lease refers). C. Transfer Following Initiation of Legal Action. If any member of the Household transfers to a new dwelling unit after the Authority initiates an eviction proceeding, then the Authority may refile the action or amend its pleadings to request possession of the new dwelling unit, without waiver of the original violation. D. Notice of Determination. When the Authority determines that the Tenant must transfer to another unit based on family composition, Authority will mail or deliver a notice of the determination to Tenant in accordance with Section 18 of this Lease. 12. AUTHORITY RESPONSIBILITIES. The Authority shall: A. Maintain the Residence and the Development in a decent, safe and sanitary condition. B. Comply with applicable building and housing codes and federal regulations materially affecting health and safety. C. Make necessary repairs to the Residence. D. Keep Development buildings, facilities and common areas in a clean and safe condition. E. Maintain in good and safe working order and condition electrical, plumbing, sanitary, heating, ventilating, and other facilities and appliances, including elevators supplied, or required to be supplied, by the Authority. F. Provide and maintain appropriate receptacles and facilities for the deposit of garbage, rubbish, and other waste Tenant removes from the Residence. G. Notify Tenant in writing of the specific grounds for any proposed adverse action. The notice of proposed adverse action shall inform Tenant of Tenant's right, if any, to request a grievance hearing. The term"proposed adverse action" shall include, but not be limited to: (1) A proposed Lease termination; (2) Transfer of the Household to another unit; (3) A request for payment of maintenance or excessive utility consumption charges. H. Provide, at the Tenant's request, reasonable accommodation of a disability of any Household Member. I. The Authority shall not be liable for any loss of or damage to Tenant personal property. It is Tenant's sole responsibility to safeguard and insure such property. 7 13. OBLIGATIONS OF TENANT, HOUSEHOLD MEMBERS AND GUESTS. In addition to the other obligations under the Lease, Tenant must comply with, and must cause Household Members and guests to comply with, the following rules: A. Not to assign the Lease or sublease the Residence. Any attempt by Tenant to assign or sublet all or any portion of Tenant's interest under this Lease will constitute a violation of this Lease and will be null and void and ineffective to transfer such interest to any person. B. Not to provide accommodations for boarders or lodgers. C. To use the Residence solely as a private dwelling for Household Members and not for any other purpose, except when Tenant has received the prior written consent of the Authority to conduct a specific, lawful business which is incidental to the primary use of the leased unit as a residence for Household Members. D. To abide by rules promulgated by the Authority for the benefit and well being of the Development and residents of the Development. Such rules, which may change from time to time, shall be posted on the Development property, are available at the Development office and are incorporated by reference in this Lease. E. To comply with all obligations imposed by applicable building and housing codes affecting health and safety. F. To use the Residence, together with all electrical, plumbing, heating, sanitary; ventilating and other facilities, including elevators, only in a reasonable manner. G. To notify the Authority promptly of any need for repairs to the Residence or of any unsafe conditions in the common areas or the grounds surrounding the Residence which may lead to damage or injury. H. To keep the Residence and property adjacent to the Residence in a clean and safe condition and to dispose of all garbage, rubbish and other waste from the Residence in a sanitary and safe manner. Tenant shall not store, hang or leave household property outside the Residence nor to allow the property of any Household Member or guest to remain outside the Residence in such a way as to be detrimental to the appearance of the property or to constitute a threat to the health and safety of the Household Members or others. I. To refrain from destroying, defacing, damaging or removing any part of the Residence or the Development. Tenant agrees not to commit waste or suffer waste to be committed upon the premises. J. To refrain from tampering with any gas, electric or other utility meter or line. K. To pay reasonable charges for the repair of damages(other than normal wear and tear) to the Residence or the Development caused by a Household Member or a guest. L. To act in a manner that will not disturb the other residents' peaceful enjoyment of their accommodations and will be conducive to maintaining the Development in a decent, safe and sanitary condition. M. To assure that all Household Members, guests or persons under the Tenant's control, shall not engage in: 8 (1) The violation of any criminal or civil law, ordinance or statute in the use and occupancy of the premises; (2) Any illegal or other activity which impairs the physical or social environment of the Development or which threatens the health, safety or the right to peaceful enjoyment of any of the premises of other residents or Authority employees; or (3) Any drug-related criminal activity in the Residence, in the Development, in the vicinity of the Development, or at any other location away from Authority property, whether or not in the vicinity of the Development. TENANT UNDERSTANDS AND AGREES THAT THE HOUSING AUTHORITY HAS A POLICY OF ZERO TOLERANCE TO DRUGS. IT IS TENANT'S OBLIGATION TO ASSURE THAT NEITHER THE TENANT NOR ANY MEMBER OF TENANT'S HOUSEHOLD SHALL ENGAGE IN ANY DRUG-RELATED CRIMINAL ACTIVITY ON OR OFF HOUSING AUTHORITY PROPERTY. IF ANY HOUSEHOLD MEMBER ENGAGES IN DRUG RELATED CRIMINAL ACTIVITY,THE HOUSING AUTHORITY HAS THE RIGHT TO TERMINATE THIS LEASE, EVEN IF THE DRUG RELATED CRIMINAL ACTIVITY DID NOT OCCUR ON OR NEAR HOUSING AUTHORITY PROPERTY. TENANT ALSO UNDERSTANDS AND AGREES THAT IT IS TENANT'S OBLIGATION TO INSURE THAT NEITHER THE GUEST OF ANY HOUSEHOLD MEMBER NOR ANY PERSON UNDER THE TENANT'S CONTROL SHALL ENGAGE IN ANY DRUG RELATED CRIMINAL ACTIVITY ON OR NEAR HOUSING AUTHORITY PROPERTY. IF THE GUEST OF ANY HOUSEHOLD MEMBER OR ANYONE UNDER TENANT'S CONTROL ENGAGES IN DRUG RELATED CRIMINAL ACTIVITY ON OR NEAR THE RESIDENCE OR THE DEVELOPMENT,THE HOUSING AUTHORITY HAS THE RIGHT TO TERMINATE THIS LEASE. (4) Any alcohol abuse that interferes with the health, safety or right to peaceful enjoyment of the premises by other tenants. N. Not to have any illegal weapons, fireworks, explosives, combustible or other hazardous materials in or around the Development(see Section 14, "FIREARMS PROHIBITION," below). O. Not to create or permit to exist any condition that results in risk to the health or safety of any person or damage to property. P. Not to make any repairs or alterations to the Residence, including but not limited to painting, wallpapering, changing locks, or installation of mirrors that are affixed to walls or alarms, doors, affixed gates, window bars, carpets, antenna or satellite dishes, without the express written consent of the Authority. Upon completion, any such repairs or alterations become part of the premises. Q. Not to have a water bed without prior written consent of the Authority. R. Not to drive or park motor vehicles on areas not specifically designated for driving or parking and not to drive motor vehicles in an unsafe or unlawful manner or in a manner which disturbs other tenants. S. Not to use parking areas or Development grounds for the repair of vehicles. T. To remove at Tenant's expense from the Development any motor vehicle, recreational vehicle (including boats), trailer or vehicle part(s) owned by any Household Member or guest which the Authority determines to be uninsured, inoperative, unlawful to operate, abandoned, or not in reasonable use. Tenant must remove said vehicle after notice by the Authority, within the time specified by such 9 notice. Failing such removal, the Authority, at its discretion, may remove the vehicle, recreational vehicle, trailer or vehicle part(s), and Tenant shall be responsible for the cost of removal. U. To assure that all Tenants, Household Members, guests, and persons under the Tenant's control, shall not trespass on or illegally enter Authority property, including but not limited to, vacant units and areas under construction. V. To maintain fully the grounds and landscaping adjacent to Tenant's Residence when assigned this responsibility by the Authority. In the event Tenant fails or neglects to maintain fully the grounds assigned to Tenant for maintenance under this Lease Authority, in addition to any other remedies available to it, may require Tenant to pay to Authority any and all expense incurred by Authority in the maintenance and repair of said grounds rendered necessary by such failure or neglect on the part of Tenant. W. Not to cause, support, permit or maintain any nuisance in or about any part of the Residence or the Development and not to use the Residence for illegal purposes. 14. FIREARMS PROHIBITION A. Prohibited Without Permission. Except when specifically authorized, the Authority strictly prohibits firearms in the Residence, on the Development and on Authority property. Violation of this provision by any Household Member or guest shall constitute sufficient grounds for immediate Lease termination and eviction. The term"firearm" is defined broadly and shall include, but not be limited to: all pistols, revolvers, other handguns, rifles, shotguns, automatic and semiautomatic guns, and any other instrument which expels a metallic, partly metallic, or other hard projectile, including but not limited to, BB guns, air guns and spring action guns. B. Requirements for Permission. Ownership, possession, transportation or use of a firearm shall be permitted on Authority property only if each and every such firearm meets each of the following requirements: (1) An adult(at least 18 years of age) Household Member legally purchased or took possession of the firearm; (2) The firearm itself is in all respects legal; (3) The firearm is under the exclusive control of an adult Household Member; (4) The firearm is stored in a secure, safe and locked place that is reasonably inaccessible to children and persons other than the legal owner; and (5) The firearm is not used, stored or handled in a criminal, illegal, reckless, careless or negligent manner. 15. DAMAGE TO RESIDENCE OR DEVELOPMENT A. Tenant's Obligation to Provide Notice of Damage. Tenant shall immediately notify the Authority of any damage to the Residence or the Development. B. Hazardous Conditions. If the Residence is damaged to the extent that conditions exist that are hazardous to life, health or safety of Household Members, then: 10 (1) Tenant shall immediately notify the Authority of the damage; (2) The Authority shall repair the Residence within a reasonable time (if a Household Member or guest caused the damage, then the cost of repairs shall be charged to Tenant); (3) The Authority shall offer standard alternative accommodations, if available, when necessary repairs cannot be made within a reasonable time; and (4) In the event that repairs are not made in a reasonable time and alternative housing is not available, then the Authority shall discount the Monthly Rent in proportion to the seriousness of the damage and loss of use of the Residence. No discount shall be made, however, if either the Tenant rejects alternative accommodations or a Household Member or guest caused the damage. 16. TERMINATION BY TENANT A. Notice and Obligation to Vacate. Tenant may terminate this Lease by giving at least 30 days written notice to the Authority. Tenant shall leave the Residence in as clean and good condition as Tenant received it at the start of Tenant's occupancy, reasonable wear and tear excepted, and return all keys to the Authority. All Household Members and other occupants shall completely vacate the Residence within the 30-day period. B. Personal Property. After Tenant vacates the premises, either by expiration or termination of the Lease, eviction by the Authority, abandonment of the Residence, or transfer of the Household to another dwelling unit, Tenant will be given the notice required by law concerning the disposition of any personal property of Tenant that remains on the premises. Tenant is responsible for all reasonable costs of storing such property. The property will be released to Tenant or its rightful owner only after Tenant or the rightful owner pays to Authority the reasonable costs of storage within the time required by law. Any property unclaimed after expiration of the period stated in the notice shall be deemed abandoned and the Authority may dispose of it without liability. C. Absence of Original Tenant; Rights of Remaining Household Members. If, through any cause, any Tenant who has signed the Lease ceases to reside at the Residence, this Lease shall terminate. Remaining Household Members may continue to occupy the Residence only if a qualified and responsible remaining adult Household Member enters into a new lease agreement with the Authority within the reasonable time specified by the Authority and only if the family is eligible for continued occupancy and is not in violation of this Lease. If there is no remaining Household Member qualified and eligible to continue to occupy the Residence, Tenant hereby gives Authority the right, without being under any obligation to do so, to immediately secure the Residence, without notice, to prevent damage to or destruction of the Residence or unauthorized entry. D. Tenant's Death or Disability. (1) If Tenant dies and there are no remaining adult Household Members living in the Residence at the time of Tenant's death who are qualified and eligible to continue to occupy the premises, this Lease shall terminate and Authority shall have the immediate right to reenter and take possession of the premises. (2) If Tenant dies or becomes so disabled that Tenant can no longer reside and ceases to reside in the Residence, and there are no remaining adult Household Members living in the Residence at the time of Tenant's death who are qualified and eligible to continue to occupy the premises, Tenant hereby authorizes Authority to enter and take possession of the premises, pack Tenant's belongings and personal property, remove said property from the premises and store it. . 11 The disposition of said personal property shall be.governed either by Tenant, Tenant's authorized representative, the authorized representative of Tenant's estate or the provisions of the California Civil Code. Authority shall not be liable for any.loss of or damage to said property not caused by Authority's sole, gross negligence or willful and bad faith conduct, nor shall Authority be liable to any person in any way for entering the premises, taking possession and control of said property and removing the same. 17. TERMINATION BY AUTHORITY. A. Grounds.for Termination. The Authority may terminate or refuse to renew this Lease for serious or repeated violations of material terms of the Lease, such as the failure to make payments due or to fulfill the obligations set forth in this Lease, or for other good cause. A Tenant who receives three(3) notices of termination for failure to pay rent in one 12 month period shall be deemed to be in repeated violation of a material term of this Lease and subject to termination of the Lease. B. Notice of Termination. The Authority shall give Tenant written notice of termination of the Lease, stating the grounds for the termination, and informing Tenant of the right to make such reply as Tenant may wish. The notice shall also notify Tenant of Tenant's right to examine Authority documents directly relevant to the Lease termination and to request a grievance hearing, if applicable. The length of the notice shall be as follows: (1) Fourteen (14)days in the case of failure to pay rent(including Rent and Additional Rent). (2) Three (3) days in the case of creation or maintenance of a threat to the health or safety of other residents or Authority employees. Grounds for termination under this provision include, but are not limited to, the following: (a) Any activity that threatens the health, safety or the right to peaceful enjoyment of any of the premises of other residents or Authority employees; or (b) Any drug-related criminal activity on or off Authority property. Neither an arrest nor a criminal conviction is necessary to terminate the Lease and evict Tenant under this subsection. The Authority may, at its sole discretion, and without being under any obligation to do so, consider the circumstances of the case, including seriousness of the offense, the extent of participation by Household Members and the effect the eviction would have on Household Members who did not engage in the prohibited activity. The Authority may, in its sole discretion, and without being under any obligation to do so, permit continued occupancy by non-offending Household Member(s) provided they agree that the offending Household Member(s) shall not reside at or visit the Premises and shall not be invited or allowed upon the Development. The Authority may, in its sole discretion, and without being under any obligation to do so, require a Household Member who engaged in the illegal use of drugs to present evidence of successful completion of a satisfactory treatment program as a condition of being allowed to reside at the Premises. This is not intended to be an exhaustive list, and the Authority reserves its right to impose other conditions, terms and stipulations. (3) Thirty (30) days notice in all other cases. 12 �. . 18. LEGAL NOTICES A. To Tenant. Any notices, demands or service of process to Tenant shall be in writing and may be personally delivered to any Tenant, or to any adult Household Member or sent by first-class mail to the Residence and addressed to the Tenant. B. To Authority. Notices to the Authority shall be in writing and delivered to the Development office or the Central office personally or sent by first-class mail properly addressed. 19. GRIEVANCE PROCEDURE If the Authority seeks to terminate the Lease or takes some other adverse action against the Household, Tenant may, in some instances, be entitled to request a grievance hearing to contest the action. Tenant may also be entitled, in some instances, to a hearing to resolve other disputes or grievances with the Authority. The Authority's Grievance Procedures set forth what matters can be the subject of a grievance hearing. The Grievance Procedures also set forth the process for requesting a hearing and the procedures to be followed during the hearing. The Grievance Procedures are incorporated into the Lease by this reference and may be amended from time to time. 20. PROVISIONS FOR MODIFICATION A. Changes Requiring Written Addendum. Except as provided in Subsection B. of this Section, any changes to this Lease, except for rent changes as provided in Section 8 -"RENT DETERMINATIONS AND MODIFICATIONS" shall be made by a written addendum, dated and signed by both Tenant and the Authority B. Changes Not Requiring Written Addendum. Documents incorporated into this Lease, such as the maintenance charge list, schedule of utility allowances, Grievance Procedures, Pet Policy, transfer, rent and occupancy policies, and any building or development rules or other regulations, may be changed from time to time by the Authority and shall not require a written addendum to this Lease. The Authority shall give Tenant 30 days notice prior to the effective date of any amendments to these documents, setting forth the proposed changes and providing Tenant with an opportunity to make written comments. The Authority shall consider resident comments before the proposed changes become effective. 21. MISCELLANEOUS A. Severability. If any provision of this Lease is found to be void, unenforceable or illegal, then the remaining provisions shall remain in effect. B. No Representations or Warranties. Neither the Authority nor any of its employees has made any representations other than those contained in this Lease. C. Entire Agreement. This Lease, any amendments hereto and all documents incorporated herein by reference constitute the entire agreement between the parties. D. Construction. The various headnotes and groupings of the provisions of this Lease are for convenience and reference only and are in no way intended and shall not be construed to limit or restrict the meaning or application of any of the provisions to which they refer. 13 E. Attorneys Fees. In any legal action to enforce the Lease, each party shall bear its own attorneys fees. The prevailing party shall recover court costs. F. No Waiver. The Authority's failure to insist in any one or more instance upon the strict observance of the terms of the Lease shall not be considered a waiver of the Authority's right thereafter to enforce the provisions of the Lease. The Authority shall not waive its rights to enforce the Lease provisions unless it does so in writing, signed by an authorized agent of the Authority. The receipt by Authority of rent, even with knowledge of the breach of any covenant or condition hereof, shall not be deemed a waiver of such breach or any other breach. Acceptance of rent by the Authority following service of a notice of termination of tenancy shall not be deemed a withdrawal of the notice or a waiver of the Authority's right to obtain possession of the leased premises. 22. SIGNATURES BY SIGNING.THIS LEASE, EACH TENANT CERTIFIES THAT: A. Tenant has read, or has had this Lease explained or read to him or her, that Tenant understands the Lease and that Tenant agrees to abide by the terms of the Lease. B. That all of the information that Tenant gave to the Authority is true and correct. Tenant understands and agrees that all documents comprising Tenant's application for rental are hereby incorporated in and made a part of this Lease. Any material misrepresentation or omission made by Tenant in the application documents, or as part of any reexamination, will constitute a material breach of this Lease. C. That Tenant shall occupy the Residence as Tenant's sole residence as of the Effective Date of this Lease. Executed on the day of 1199 CONTRA COSTA TENANT(S) HOUSING AUTHORITY By. Signature: Print Name: Print Name: Its: Signature: (Job Title) Print Name: Signature: Print Name: HASANDE\HOUSINMPUBHOUS.LSE January 22,1997 14