Fillable Printable Sample Public Housing Authority Lease Agreement

Sample Public Housing Authority Lease Agreement

Appendix IV - Sample Public Housing Grievance Procedure: Page 286

Appendix IV

SAMPLE PUBLIC HOUSING AUTHORITY

LEASE AGREEMENT

THIS LEASE IS IN TWO PARTS:

Part I establishes the Terms and Conditions of the lease. These apply to all residents;

Part II is a sample lease contract. This is executed by the resident and the PHA, includes Part I Terms

and Conditions (by reference) and the following information specific to each family's circumstances:

• Identification of all members of Tenant household by relationship to the Head of the

Household, their social security numbers, ages (at the time of lease exe cution) and dates of

birth (DOB);

• Unit address, occupancy date, project name and number;

• Pro-rated and full monthly rent amount, security deposit required, pro-rated and full

monthly utility allowance provided (if any), pro-rated and full monthly utility reimburse-

ment (if any) and the amount of any other charges due under the lease;

• Utilities and appliances provided by the PHA with the unit;

• All pamphlets or informational materials provided to Tenant;

• Signature line for the parties to the lease (all adult members of Tenant household must sign

the lease); and

• Emergency telephone number for Tenant to use if maintenance problems arise with the unit

outside of normal PHA working hours.

Appendix IV - Sample Public Housing Grievance Procedure: Page 287

PART I : SAMPLE RESIDENTIAL LEASE AGREEMENT: TERMS AND CONDITIONS

THIS LEASE AGREEMENT (called the "Lease") is between the ____________ Housing Authority,

(called "PHA”) and Tenant named in Part II of this lease (called "Tenant"). [966.4 (a)]

I. Description of the Parties and Premises: [966.4 (a)]

(a) PHA, using data provided by Tenant about income, family composition, and needs, leases to

Tenant, the property (called "premises" or "dwelling unit") described in Part II of this Lease

Agreement, subject to the terms and conditions contained in this lease. [966.4 (a)]

(b) Premises must be used as the only private residence of the Tenant and the family members

named on Part II of the Lease. The PHA may, by prior written approval, consent to Tenant's

use of the unit for legal profit-making activities subject to the PHA's policy on such activities.

[966.4 (d)(1 & 2)]

ter children, but excluding natural births, adoptions, and court awarded custody require the

advance written approval of PHA. Such approval will be granted only if the new family

members pass PHA's screening criteria and a unit of the appropriate size is available.

Permission to add Live-in Aides and foster children shall not be unreasonably refused. [966.4

(a)(2) & (d)(3)(i)]

Tenant agrees to wait for PHA's approval before allowing additional persons to move into the

Premises. Failure on the part of Tenant to comply with this provision is a serious violation of

the material terms of the lease, for which PHA may terminate the lease in accordance with

Section XVI. [966.4 (f)(3)]

(d) Tenant shall report deletions (for any reason) from the household members named on the lease

to the PHA in writing, within 10 days of the occurrence. [966.4 (c)(1) & (2) & (f)(3)]

II. Lease and Amount of Rent

(a) Unless otherwise modified or terminated in accordance with Section XVI, this Lease shall au-

tomatically be renewed for successive terms of one calendar year. [966.4 (a)(1)]

The rent amount is stated in Part II of this Lease. Rent shall remain in effect unless adjusted by

the PHA in accordance with Section VII herein. [966.4 (c)]

The amount of the Total Tenant Payment and Tenant Rent shall be determined by the PHA in

compliance with HUD regulations and requirements and in accordance with PHA's Admissions

and Occupancy Policy. [966.4 (c)]

(b) Rent is DUE and PAYABLE in advance on the first day of each month and shall be

considered delinquent after the seventh calendar day of the month. Rent may include

utilities as described in Section VII below, and includes all maintenance services due to normal

wear and tear. [966.4 (e)(1) & (3)]

When PHA makes any change in the amount of Total Tenant Payment or Tenant Rent, PHA

shall give written notice to Tenant. The notice shall state the new amount, and the date from

which the new amount is applicable. Rent redeterminations are subject to the Administrative

Grievance Procedure. The notice shall also state that Tenant may ask for an explanation of how

the amount is computed by PHA. If Tenant asks for an explanation, PHA shall respond in a

reasonable time. [966.4 (c)(4)]

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III. Other Charges: In addition to rent, Tenant is responsible for the payment of certain other charges

specified in this lease. The type(s) and amounts of other charges are specified in Part II of this Lease

Agreement. Other charges can include: [966.4 (b)(2)]

(a) Maintenance costs -- The cost for services or repairs due to intentional or negligent damage to

the dwelling unit, common areas or grounds beyond normal wear and tear, caused by Tenant,

household members or by guests. When PHA determines that needed maintenance is not

caused by normal wear and tear, Tenant shall be charged for the cost of such service, either in

accordance with the Schedule of Maintenance Charges posted by PHA or (for work not listed

on the Schedule of Maintenance Charges) based on the actual cost to PHA for the labor and

materials needed to complete the work. If overtime work is required, overtime rates shall be

charged. [966.4 (b)(2)]

(b) Excess Utility Charges --At developments where utilities are provided by PHA, a charge shall

be assessed for excess utility consumption due to the operation of major tenant-supplied

appliances. This charge does not apply to Tenants who pay their utilities directly to a utility

supplier. [966.4 (b)(2)]

(d) Late Charges -- A charge of $1.00 per day late for rent or other charges paid after the seventh

calendar day of the month. [966.4 (b)(3)] PHA shall provide written notice of the amount of

any charge in addition to Tenant Rent, and when the charge is due. Charges in addition to rent

are due no sooner than two weeks after Tenant receives PHA's written notice of the charge.

[966.4 (b)(4)]

IV. Payment Location: Rent and other charges can be paid at the Main Office located at

___________or at other locations specified in Part II of this Residential Lease. PHA will not accept cash.

Tenants who have submitted a check that is returned for insufficient funds shall be required to make all

future payments by cashier’s check or money order.

V. Security Deposit

(a) Tenant Responsibilities: Tenant agrees to pay an amount equal to the greater of $_____ or one

month's Total Tenant Payment. The dollar amount of the security deposit is noted on Part II of

this Residential Lease. [966.4 (b)(5)]

(b) PHA's Responsibilities: PHA will use the Security Deposit at the termination of this Lease:

1. To pay the cost of any rent or any other charges owed by Tenant at the termination of this

lease.

2. To reimburse the cost of repairing any intentional or negligent damages to the dwelling

unit caused by Tenant, household members or guests.

The Security Deposit may not be used to pay rent or other charges while Tenant occupies the dwelling

unit. No refund of the Security Deposit will be made until Tenant has vacated, and PHA has inspected

the dwelling unit.

The return of a security deposit shall occur within 30 days after Tenant moves out. PHA agrees to return

the Security Deposit, if any, to Tenant when he/she vacates, less any deductions for any costs indicated

above, so long as Tenant furnishes PHA with a forwarding address. If any deductions are made, PHA

will furnish Tenant with a written statement of any such costs for damages and/or other charges deducted

from the Security Deposit.

VI. Utilities and Appliances [966.4 (b)(1)]

(a) PHA Supplied Utilities: If indicated by an (X) on Part II, PHA will supply the indicated utility:

electricity, natural gas, heating fuel, water, sewer service, trash collection. PHA will not be

liable for the failure to supply utility service for any cause whatsoever beyond its control.

Appendix IV - Sample Public Housing Grievance Procedure: Page 289

If indicated by an (X) on Part II of the Lease Agreement, PHA will provide a cooking range

and refrigerator. Other major electrical appliances, air conditioners, freezers, extra re-

frigerators, washers, dryers, etc., may be installed and operated only with the written approval

of PHA. A monthly service charge will be payable by Tenant for the electricity used in the

operation of such appliances, as shown on the Schedule posted in the Project Office. [966.4

(b)(2)]

(b) Tenant-paid Utilities: If Tenant resides in a development where PHA does not supply

electricity, natural gas, heating fuel, water, sewer service, or trash collection, an Allowance for

Utilities shall be established, appropriate for the size and type of dwelling unit, for utilities

Tenant pays directly to the utility supplier. The Total Tenant Payment less the Allowance for

Utilities equals Tenant Rent. If the Allowance for Utilities exceeds the Total Tenant Payment,

PHA will pay a Utility Reimbursement each month. [5.632]

PHA may change the Allowance at any time during the term of the lease, and shall give Tenant

60 days written notice of the revised Allowance along with any resultant changes in Tenant

Rent or Utility Reimbursement. [965.473 (c)]

If Tenant's actual utility bill exceeds the Allowance for Utilities, Tenant shall be responsible for

paying the actual bill to the supplier. If Tenant's actual utility bill is LESS than the Allowance

for Utilities, Tenant shall receive the benefit of such saving.

comply with any applicable law, regulation, or guideline of any governmental entity regulating

utilities or fuels. [966.4 (f)(8)]

Tenant also agrees to abide by any local ordinance or House Rules restricting or prohibiting the

use of space heaters in multi-dwelling units.

VII. Terms and Conditions: The following terms and conditions of occupancy are made a part of the

Lease.

(a) Use and Occupancy of Dwelling: Tenant shall have the right to exclusive use and occupancy of

the dwelling unit for Tenant and other household members listed on the lease. With the prior

written consent of PHA, members of the household may engage in legal profitmakng activities

in the dwelling unit. [966.4 (d) (1) & (2)]

This provision permits reasonable accommodation of Tenant's guests or visitors for a period not

exceeding fourteen (14) days each year. Permission may be granted, upon written request to

the Manager, for an extension of this provision. [966.4 (d)(1)]

(b) Ability to comply with Lease terms: If, during the term of this Lease, Tenant, by reason of

physical or mental impairment is no longer able to comply with the material provisions of this

lease, and cannot make arrangements for someone to aid him/her in complying with the lease,

and PHA cannot make any reasonable accommodation that would enable Tenant to comply

with the lease THEN; PHA will assist Tenant, or designated member(s) of Tenant's family, to

find more suitable housing and move Tenant from the dwelling unit. If there are no family

members who can or will take responsibility for moving Tenant, PHA will work with ap-

propriate agencies to secure suitable housing and will terminate the Lease. [8.3]

At the time of admission, all Tenants must identify the family member(s) to be contacted if they

become unable to comply with lease terms.

the Lease Agreement is due each month until changed as described below.

(1) The status of each family is to be re-examined at least once a year. Tenants paying Flat

Rent shall have their incomes reexamined every three years. At the annual recertification

Appendix IV - Sample Public Housing Grievance Procedure: Page 290

Tenant shall certify to compliance with the 8 hour per month community service

requirement, if applicable.[960.209]

(2) Tenant promises to supply PHA, when requested, with accurate information about:

family composition, age of family members, income and source of income of all family

members, assets, community service activities, and related information necessary to

determine el igibility, annual income, adjusted income, and rent. [966.4 (c)(2)]

Failure to supply such information when requested is a serious violation of the terms of

the lease and PHA may terminate the lease.

All information must be verified. Tenant agrees to comply with PHA requests for

verification by signing releases for third-party sources, presenting documents for review,

or providing other suitable forms of verification. [966.4 (c)(2)]

PHA shall give Tenant reasonable notice of what actions Tenant must take, and of the

date by which any such action must be taken for compliance under this section. This

information will be used by PHA to decide whether the amount of the rent should be

changed, and whether the dwelling size is still appropriate for Tenant's needs.

This determination will be made in accordance with the Admissions and Continued

Occupancy Policy, which is publicly posted in the Project Office. A copy of the policies

can be fur nished on request at the expense of the person making the request.

(3) Rent will not change during the period between regular re-examinations, UNLESS during

such period: [960.209 (b)]

(a) Tenant can verify a change in his/her circumstances (such as decline in or loss of

income) that would justify a reduction in rent, except that rent shall not be reduced

because a tenant’s TANF grant is reduced because Tenant committed welfare fraud

or failed to comply with a welfare department economic self sufficiency

requirement.

If a reduction is granted, Tenant must report subsequent increases in income within

10 days of the occurrence, until the next scheduled re-examination. (Failure to

report within the 10 days may result in a retroactive rent charge.)

(b) If it is found that Tenant has misrepresented the facts upon which the rent is based

so that the rent Tenant is paying is less than the rent that he/she should have been

charged. PHA then may apply an increase in rent retroactive to the first of the

month following the month in which the misrepresentation occurred.

(4) All changes in family composition must be reported to the Housing Manager within 10

days of the occurrence. Failure to report within the 10 days may result in a retroactive

rent charge. [966.4 (c) (2)]

This Lease will NOT be revised to permit a change of family composition resulting from

a request to allow adult children to move back into the unit unless it is determined that

the move is essential for the mental or physical health of Tenant AND it does not disqual-

ify the family for size unit it is currently occupying.

(d) Rent Adjustments: Tenant will be notified in writing of any rent adjustment due to the situa-

tions described above; All notices will state the effective date of the rent adjustment.

1. In the case of a rent decrease, the adjustment will become effective on the first day of the

month following the reported change in circumstances, provided Tenant reported the

change in a timely manner, as specified above.

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2. In the ca se of a rent increase, when an increase in income occurs after a prior rent reduc-

tion and is reported within 10 calendar days of the occurrence, the increase will become

effective the first day of the 2nd month following the month in which the change was

reported.

3. In the case of a rent increase due to misrepresentation, failure to report a change in family

composition, or failure to report an increase in income (after a reduction in rent per the

fixed rent policy), PHA shall apply the increase in rent retroactive to the first of the

month following the month in which the misrepresentation occurred.

(e) Transfers [966.4 (c)(3)]

1. Tenant agrees that if PHA determines that the size or design of the dwelling unit is no

longer appropriate to Tenant's needs, PHA shall send Tenant written notice. Tenant

further agrees to accept a new lease for a different dwelling unit of the appropriate size or

design.

2. PHA may move a Tenant into another unit if it is determined necessary to rehabilitate or

demolish Tenant's unit.

3. If a Tenant makes a written request for special unit features in support of a documented

disability, PHA shall modify Tenant's existing unit. If the cost and extent of the

modifications needed are tantamount to those required for a fully accessible unit, PHA

may transfer Tenant to another unit with the features requested at PHA's expense.

4. A tenant without disabilities that is housed in a unit with special features must transfer to

a unit without such features should a Tenant with disabilities need the unit.

5. In the case of involuntary transfers, Tenant shall be required to move into the dwelling

unit made available by PHA. Tenant shall be given 15 days time in which to move

following delivery of a transfer notice. If Tenant refuses to move, PHA may terminate

the Lease. [966.4 (c)(3)]

6. Involuntary transfers are subject to the Grievance Procedure, and no such transfers may

be made until either the time to request a Grievance has expired or the procedure has

been completed. [966.4 (c)(4)]

7. PHA will consider any Tenant requests for transfers in accordance with the transfer

priorities established in the Admissions and Occupancy Policies.

VIII. PHA Obligations [966.4 (e)]: PHA shall be obligated:

(a) To maintain the dwelling unit and the project in decent, safe and sanitary condition; [966.4

(e)(1)]

(b) To comply with the requirements of applicable building codes, housing codes, and HUD regu-

lations materially affecting health and safety; [966.4 (e)(2)]

(d) To keep project building, facilities, and common areas, not otherwise assigned to Tenant for

maintenance and upkeep, in a clean and safe condition; [966.4 (e)(4)]

(e) To maintain in good and safe working order and condition electrical, plumbing, sanitary, heat-

ing, ventilating, and other facilities and appliances, including elevators supplied or required to

be supplied with PHA; [966.4 (e)(5)]

(f) To provide and maintain appropriate receptacles and facilities (except container for the exclu-

sive use of an individual tenant family) for the deposit of garbage, rubbish, and other waste

removed from the premise by Tenant as required by this Lease; [966.4 (e)(6)]

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(g) To supply running water and reasonable amounts of hot water and reasonable amount of heat at

appropriate times of the year according to local custom and usage; EXCEPT where the building

that includes the dwelling unit is not required to be equipped for that purpose, or where heat or

hot water is generated by an installation within the exclusive control of Tenant and supplied by

a direct utility connection; [966.4 (e)(7)]

(h) To notify Tenant of the specific grounds for any proposed adverse action by PHA. (Such

adverse action includes, but is not limited to: a proposed lease termination, transfer of Tenant to

another unit, change in amount of rent, or imposition of charges for maintenance and repair, or

for excess consumption of utilities.) When PHA is required to afford Tenant the opportunity

for a hearing under the PHA grievance procedure for a grievance concerning a proposed

adverse action:

1. The Notice of the proposed adverse action shall inform Tenant of the right to request

such hearing. In the case of lease termination, a notice of lease termination that complies

with 966.4(l)(3) shall constitute adequate notice of proposed adverse action.

2. In the case of a proposed adverse action other than a proposed lease termination, PHA

shall not take the proposed action until time to request such a hearing has expired or (if

hearing was timely requested) the grievance process has been completed. [966.4 (e)(8)]

IX. Tenant's Obligations: Tenant shall be obligated:

(a) Not to assign the Lease, nor sublease the dwelling unit. [ 966.4 (f)(1)]

(b) 1. Not to give accommodation to boarders or lodgers; [966.4 f)(2)]

2. Not to give accommodation to long term guests (in excess of 14 days) without the ad-

vance written consent of PHA.

identified in PART II of the Lease, and not to use or permit its use for any other purpose.

[966.4 (f)(3)]

This provision does not exclude the care of foster children or live-in care of a member of

Tenant's family, provided the accommodation of such persons conforms to PHA's Occupancy

standards, and so long as PHA has granted prior written approval for the foster child(ren), or

live-in aide to reside in the unit. [966.4 (d)((3)(i)]

(d) To abide by necessary and reasonable regulations promulgated by PHA for the benefit and

well-being of the housing project and Tenants. These regulations shall be posted in a conspicu-

ous manner in the project office and incorporated by reference in this Lease. Violation of such

regulations constitutes a violation of the Lease. [966.4 (f)(4)]

(e) To comply with the requirements of applicable state and local building or housing codes, mate-

rially affecting health and/or safety of Tenant and household. [ 966.4(f)(5)]

(f) To keep the dwelling unit and other such areas as may be assigned to Tenant for exclusive use

in a clean and safe condition. [966.4(f)(6)] This includes keeping front and rear entrances and

walkways for the exclusive use of Tenant, free from hazards and trash and keeping the yard

free of debris and litter. Exceptions to this requirement may be made for Tenants who have no

household members able to perform such tasks because of age or disability. [966.4 (g)]

(g) To dispose of all garbage, rubbish, and other waste from the dwelling unit in a sanitary and safe

manner only in containers approved or provided by PHA. [§ 966.4(f)(7)] To refrain from, and

cause members of Tenant's household or guest to refrain from, littering or leaving trash and

debris in common areas.

(h) To use only in reasonable manner all electrical, sanitary, heating, ventilating, air-conditioning,

and other facilities and appurtenances including elevators. [966.4(f)(8)]

Appendix IV - Sample Public Housing Grievance Procedure: Page 293

(i) To refrain from, and to cause household and guests to refrain from destroying, defacing, dam-

aging, or removing any part of dwelling unit or project. [966.4 (f)(9)]

(j) To pay reasonable charges (other than for wear and tear) for the repair of damages to the

dwelling unit, project buildings, facilities, or common areas caused by Tenant, household

members or guests. [§ 966.4(f)(10)]

(k) To act, and cause household members or guests to act in a manner that will:

1. Not disturb other residents' peaceful enjoyment of their accommodations; and

2. Be conducive to maintaining all PHA projects in a decent, safe, and sanitary condition.

[966.4 (f)(11)]

(l) To assure that Tenant, any member of the household, a guest, or another person under Tenant's

control, shall not engage in:

1. Any criminal activity that threatens the health, safety, or right to peaceful enjoyment of

PHA's public housing premises by other residents or employees of PHA, or;

2. Any drug-related criminal activity. Any criminal activity in violation of the preceding

sentence shall be cause for termination of tenancy, and for eviction from the unit. (F or the

purposes of this lease, the term drug-related criminal activity means the illegal

possession, manufacture, sale, distribution, use or possession with intent to manufacture,

sell, distribute, or use, of a controlled substance as defined in Section 102 of the

Controlled Substances Act.) [966.4 (f)(12)]

(m) To make no alterations or repairs or redecorations to the interior of the dwelling unit or to the

equipment, nor to install additional equipment or major appliances without written consent of

PHA. To make no changes to locks or install new locks on exterior doors without PHA's

written approval. To use no nails, tacks, screws, brackets, or fasteners on any part of the

dwelling unit (a reasonable number of picture hangers excepted) without authorization by PHA.

(n) To give prompt prior notice to PHA, in accordance with Section XIII hereof, of Tenant's

leaving dwelling unit unoccupied for any period exceeding one calendar week.

(o) To act in a cooperative manner with neighbors and PHA Staff. To refrain from and cause

members of Tenant's household or guests to refrain from acting or speaking in an abusive or

threatening manner toward neighbors and PHA staff.

(p) Not to display, use, or possess or allow members of Tenant's household or guests to display, use

or possess any illegal firearms, (operable or inoperable) or other illegal weapons as defined by

the laws and courts of the State of ______ anywhere on the property of PHA.

(q) To take reasonable precautions to prevent fires and to refrain from storing or keeping highly

volatile or flammable materials upon the premises.

(r) To avoid obstructing sidewalks, areaways, galleries, passages, elevators, or stairs, and to avoid

using these for purposes other than going in and out of the dwelling unit.

(s) To refrain from erecting or hanging radio or television antennas on or from any part of the

dwelling unit, except that roof antennas may be installed in accordance with regulations set

forth by PHA with the written approval of PHA.

(t) To refrain from placing signs of any type in or about the dwelling except those allowed under

applicable zoning ordinances and then only after having received written permission of PHA.

(u) To refrain from, and cause members of Tenant's household to refrain from keeping, maintain-

ing, harboring, or boarding any animal of any nature in the dwelling unit except in accordance

with the PHA’s pet policy, unless a verified disability warrants the possession of a service

animal or companion animal.

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(v) To remove from PHA property any vehicles without valid registration and inspection stickers.

To refrain from parking any vehicles in any right-of-way or firelane designated and marked by

PHA. Any inoperable or unlicensed vehicle as described above will be removed from PHA

property at Tenant's expense. Automobile repairs are not permitted on project site.

(w) To remove any personal property left on PHA property when Tenant leaves, abandons or

surrenders the dwelling unit. Property left for more than 30 days shall be considered aban-

doned and will be disposed of by PHA. Costs for storage and disposal shall be assessed against

the former tenant.

(x) To use reasonable care to keep his dwelling unit in such condition as to ensure proper health

and sanitation standards for Tenant, household members and neighbors. TENANT SHALL

NOTIFY THE AUTHORITY PROMPTLY OF KNOWN NEED FOR REPAIRS TO HIS

DWELLING UNIT, and of known unsafe or unsanitary conditions in the dwelling unit or in

common areas and grounds of the Project. Tenant's failure to report the need for repairs in a

timely manner shall be considered to contribute to any damage that occurs.

(y) 1. Not to commit any fraud in connection with any Federal housing assistance program, and

2. Not to receive assistance for occupancy of any other unit assisted under any Federal

housing assistance program during the term of the lease.

(z) To pay promptly any utility bills for utilities supplied to Tenant by a direct connection to the

utility company, and to avoid disconnection of utility service for such utilities.

(aa) For each adult in the Tenant household to perform at least 8 hours per month of qualifying

community service (as specified by the PHA) unless the requirement is waived due to age,

disability, or the fact that an adult is excused from this requirement because he/she is working,

attending an educational institution, or participating in some other qualified training program.

X. Defects Hazardous to Life, Health or Safety: In the event that the dwelling unit is damaged to the

extent that conditions are created that are hazardous to the life, health, or safety of the occupants: [966.4

(h)]

PHA Responsibilities:

(a) PHA shall be responsible for repair of the unit within a reasonable period of time after

receiving notice from Tenant, provided, if the damage was caused by Tenant, household mem -

bers, or guests, the reasonable cost of the repairs shall be charged to Tenant. [966.4 (h)(2)]

(b) PHA shall offer Tenant a replacement dwelling unit, if available, if necessary repairs cannot be

made within a reasonable time. PHA is not required to offer Tenant a replacement unit if

Tenant, household members, or guests caused the hazardous condition. [966.4 (h)(3)]

(d) In the event PHA, as described above cannot make repairs, and alternative accommodations are

unavailable, then rent shall abate in proportion to the seriousness of the damage and loss in

value as a dwelling. No abatement of rent shall occur if Tenant rejects alternative

accommodations or if Tenant, household members, or guests caused the damage. [966.4 (h)(4)]

(e) If PHA determines that the dwelling unit is untenantable because of imminent danger to the

life, health, and safety of Tenant, and Tenant refuses alternative accommodations, this Lease

shall be terminated, and any rent paid will be refunded to Tenant.

Tenant Responsibilities:

(a) Tenant shall immediately notify the Project Manager of the damage and intent to abate rent,

when the damage is or becomes sufficiently severe that Tenant believes he/she is justified in

abating rent. [966.4 (h)(1)]

Appendix IV - Sample Public Housing Grievance Procedure: Page 295

(b) Tenant agrees to continue to pay full rent, less the abated portion agreed upon by PHA, during

the time in which the defect remains uncorrected.

XI. Move-in and Move-out Inspections

(a) Move-in Inspection: PHA and Tenant or representative shall inspect the dwelling unit prior to

occupancy by Tenant. PHA will give Tenant a written statement of the condition of the

dwelling unit, both inside and outside, and note any equipment provided with the unit. The

statement shall be signed by PHA and Tenant and a copy of the statement retained in Tenant's

folder. [966.4 (i)] PHA will correct any deficiencies noted on the inspection report, at no charge

to Tenant.

(b) Move-out Inspection -- PHA will inspect the unit at the time Tenant vacates and give Tenant a

written statement of the charges, if any, for which Tenant is responsible. Tenant and/or

representative may join in such inspection, unless Tenant vacates without notice to PHA. [966.4

(i)]

XII. Entry of Premises During Tenancy

(a) Tenant Responsibilities--

1. Tenant agrees that the duly authorized agent, employee, or contractor of PHA will be

permitted to enter Tenant's dwelling during reasonable hours (______A.M. to ______

P.M.) for the purpose of performing routine maintenance, making improvements or

repairs, inspecting the unit, or showing the unit for releasing. [966.4 (j)(1)]

2. When Tenant calls to request maintenance on the unit, PHA shall attempt to provide such

maintenance at a time convenient to Tenant. If Tenant is absent from the dwelling unit

when PHA comes to perform maintenance, Tenant's request for maintenance shall

constitute permission to enter.

(b) PHA's Responsibilities--

1. PHA shall give Tenant at least 48 hours written notice that PHA intends to enter the unit.

PHA may enter only at reasonable times. [966.4 (j)(1)]

2. PHA may enter Tenant's dwelling unit at any time without advance notification when

there is reasonable cause to believe that an emergency exists. [966.4 (j)(2)]

3. If Tenant and all adult members of the household are absent from the dwelling unit at the

time of entry, PHA shall leave in the dwelling unit a written statement specifying the

date, time and purpose of entry prior to leaving the dwelling unit. [966.4 (j)(3)]

XIII. Notice Procedures

(a) Tenant Responsibility-- Any notice to PHA must be in writing, delivered to the Project Office

or to PHA's central office, or sent by prepaid first-class mail, properly addressed. [966.4

(k)(1)(ii)]

(b) PHA Responsibility -- Notice to Tenant must be in writing, delivered to Tenant or to any adult

member of the household residing in the dwelling unit, or sent by first-class mail addressed to

Tenant. [966.4 (k)(1)(i)]

notice was given.

(d) If Tenant is visually impaired, all notices must be in an accessible format. [966.4 (k)(2)]

XIV. Termination of the Lease: In terminating the Lease, the following procedures shall be followed by

PHA and Tenant:

Appendix IV - Sample Public Housing Grievance Procedure: Page 296

(a) This Lease may be terminated only for serious or repeated violations of material terms of the

Lease, such as failure to make payments due under the lease or to fulfill Tenant obligations set

forth in section IX above, or for other good cause. [966.4 (l)(2)]

Such serious or repeated violation of terms shall include but not be limited to:

1. The failure to pay rent or other payments when due; [966.4 (l)(2)]

2. Repeated late payment, which shall be defined as failure to pay the amount of rent or

other charges due by the seventh of the month. Four such late payments within a 12

month period shall constitute a repeated late payment; [966.4 (l)(2)]

3. Failure to pay utility bills when Tenant is responsible for paying such bills directly to the

supplier of utilities; [966.4 (l)(2)]

4. Misrepresentation of family income, assets, or composition; [966.4 (c)(2)]

5. Failure to supply, in a timely fashion, any certification, release, information, or documen-

tation on Family income or composition needed to process annual reexaminations or in-

terim redeterminations. [966.4 (c)(2)]

6. Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit,

common areas, grounds, or parking areas of any project site; [966.4 (l)(2)]

7. Criminal activity by Tenant, household member, guest, or other person under Tenant's

control, including criminal activity that threatens the health, safety or right to peaceful

enjoyment of PHA's public housing premises by other residents, or any drug-related

criminal activity. [966.4 (l)(2)]

8. Offensive weapons or illegal drugs seized in a PHA unit by a law enforcement officer;

[966.4 (l)(2)]

9. Any fire on PHA premises caused by carelessness or unattended cooking. [966.4 (l)(2)]

(b) PHA shall give written notice of the proposed termination of the Lease of:

1. 14 days in the case of failure to pay rent;

2. A reasonable time, but not to exceed thirty days, considering the seriousness of the situa-

tion (but not to exceed 30 days) when the health or safety of other tenants or PHA staff is

threatened;

3. 30 days in any other case. [966.4 (l)(3)(i)(A), (B) & (C)]

1. The notice of termination to Tenant shall state specific reasons for the termination, shall

inform Tenant of his/her right to make such reply as he/she may wish, and Tenant's right

to examine PHA documents directly relevant to the termination or eviction. [966.4

(l)(3)(ii)]

2. When PHA is requir ed to offer Tenant the opportunity for a grievance hearing, the notice

shall also inform Tenant of the right to request such a hearing in accordance with PHA's

grievance procedures. [966.4 (l)(3)(ii)]

3. Any notice to vacate (or quit) that is required by State or local law may be combined

with, or run concurrently with the notice of lease termination under this section. [966.4

(l)(3)(iii)] The Notice to Vacate must be in writing, and specify that if Tenant fails to

quit the premises within the applicable statutory period, appropriate action will be

brought against Tenant, and Tenant may be required to pay the costs of court and

attorney's fees.

4. When PHA is required to offer Tenant the opportunity for a grievance hearing concerning

the lease termination under PHA's grievance procedure, the tenancy shall not terminate