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  • 25 ESSEX L.P. VS. REBEKAH BROOKS ET AL UNLAWFUL DETAINER - RESIDENTIAL document preview
  • 25 ESSEX L.P. VS. REBEKAH BROOKS ET AL UNLAWFUL DETAINER - RESIDENTIAL document preview
  • 25 ESSEX L.P. VS. REBEKAH BROOKS ET AL UNLAWFUL DETAINER - RESIDENTIAL document preview
  • 25 ESSEX L.P. VS. REBEKAH BROOKS ET AL UNLAWFUL DETAINER - RESIDENTIAL document preview
  • 25 ESSEX L.P. VS. REBEKAH BROOKS ET AL UNLAWFUL DETAINER - RESIDENTIAL document preview
  • 25 ESSEX L.P. VS. REBEKAH BROOKS ET AL UNLAWFUL DETAINER - RESIDENTIAL document preview
  • 25 ESSEX L.P. VS. REBEKAH BROOKS ET AL UNLAWFUL DETAINER - RESIDENTIAL document preview
  • 25 ESSEX L.P. VS. REBEKAH BROOKS ET AL UNLAWFUL DETAINER - RESIDENTIAL document preview
						
                                

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MOAT SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Feb-25-2016 8:49 am Case Number: CUD-16-654725 Filing Date: Feb-25-2016 8:46 Filed by: GARY FELICIANO Image: 05287448 COMPLAINT 25 ESSEX L.P. VS. REBEKAH BROOKS ET AL 001005287448 Instructions: Please place this sheet on top of the document to be scanned. An (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF) {UD-100 {Rev, July 1, 2005} COMPLAINT - UNLAWFUL DETAINER Page 3 of 3 Manin Deans ESSENTIAL FORMS” 16-7066877JUSTIN BREWER, Bar #274642 KIMBALL, TIREY & ST. JOHN LLP 2300 CLAYTON ROAD, SUITE 1350 CONCORD, CA 94520 (925) 469-1690 (925) 469-2655 (fax) Attorneys for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO, SAN FRANCISCO JUDICIAL DISTRICT CASE NAME: 25 Essex L.P. v. Brooks ATTACHMENT 15 The San Francisco Residential Rent Stabilization and Arbitration Ordinance Section 37.2(r)(4) exempts "dwelling units whose rents arc controlled or regulated by any government unit, agency or authority. The subject premises are not subject to the San Francisco Residential Rent Stabilization and Arbitration Ordinance because the rents are controlled and regulated by a government agency.Srrontoaine COMMUNITY HOUSING PARTNERSHIP Rene Cazenave Apartments Residential Lease Apreement This residential lease (“Lease Agreement”) is made this 20th day March, 2014 between Community Housin; Partnership, as Management Agent (hereinafter referred to as “We” or “Us” or “Landlord” or “Management”) and Rebekah Brooks as Resident (hereinafter referred to as “You” or “Your” or “Tenant”). We lease to You and You rent from Us the dwelling Unit, described as follows: A studio dwelling unit designated as unit #502 or residence address, hereinafter referred to as the “Unit” of the Rene Cazenave Apartments (hereinafter referred to as the “Development”) located at 25 Essex Street, San Francisco, CA_94105, together with fixtures, accessories, and the following appliances and furniture: (1) two-burmer stove top, (1) refrigerator, (1) microwave, (1) twin mattress, (1) twin box spring, (1) twin bed frame, (1) table, (1) chair, and (1) dresser. Explanation of the Housing Program: This community is operated in accordance with the requirements of the Low Income Housing Tax Credit Program (“LIHTC”) governed by Section 42 of the Internal Revenue Code, the Affordable Housing Program (“AHP”) governed by 12 CFR 1291, requirements of the City & County of San Francisco Local Operating Subsidy Program (“LOSP”), requirements of the San Francisco Department of Public Health (“SF DPH”) Direct Access to Housing (“DAH”) program, the State of California Mental Health Services Act (*MHSA”), Housing Opportunities for People With AIDS (HOPWA), AND with the Multifamily Housing Program (hereinafter “MHP”) administered by the California Department of Housing and Community Development (“HCD”) pursuant to Chapter 6.7, commencing with Section 50675, Part 2 of Division 31 of the Health and Safety Code. Your initial occupancy and continued occupancy are subject to the eligibility requirements of LIHTC, AHP, MHSA, LOSP, SF DPH, DAH, HOPWA and MHP (collectively the “Program”). You must cooperate with management in certifying and maintaining Your eligibility for the Program. This lease is subject to the following terms and conditions: 1. Regulations. This lease and Your occupancy of the Unit are governed by the Regulations (hereinafter the “Regulations”) of a) the State of California, Tax Credit Allocation Committee (*TCAC”); and b) the MHP Program of HCD. If any terms of this lease are inconsistent or in conflict with the Regulations, then the most restrictive of the affected Regulations shall control. 2. Term. This lease, and Your right to take possession and to move ia, will begin on March 20, 2014 and will end on March 19, 2015(one year), or until terminated by either You or Us as provided in this lease. At the end of the term stated above, Your occupancy will continue and convert to a month-to-month tenancy, by mutual agreement between You and Us. 3. Rent. Page 1 of 42Eau ‘orp ORTON COMMUNITY HOUSING PARTNERSHIP Rene Cazenave Apartments Residential Lease Agreement You agree to pay $173.00 for the partial month ending on March 31, 2014, After that, You agree to pay the net rent for the Unit of $ 448 per month by or on behalf of You to Us at the following address: 25 Essex Street, San Francisco ifornia, 94105 — Manager’s Office. The monthly Rent shall be paid in advance on or before the first day of each month and is late on the sixth day. If rent is not paid by 5:00 p.m. on the Sth day, You may be charged a late rent charge of $20.00. Tenant and Landlord agree that Landlord will sustain damage on account of any late payment of rent, but that it will be impracticable and extremely difficult to specify the actual amount of such damages. The parties therefore agree that this late charge represents a fair and reasonable estimate of the damages that Landlord will incur by reason of the late payment of tent, Any check returned for non-sufficient funds or if You instruct Your bank to stop payment will be considered as a non-payment of rent. A $20.00 dishonored check fee will be charged to You in addition to the late fee, if applicable. Two (2) such returned checks will warrant all future rents be paid by money order or cashier’s check. Management will determine that You are able to pay by check only if rent bas been paid on time for three (3) consecutive months following the date of the latest retumed checks, The rent amount shown above includes a deduction for the utility allowance for the Unit as established by the Program. We will adjust the initial rent described above as allowed by the Program requirements annually, except that the first year adjustment may occur within less than twelve (12) months to coincide with the Development fiscal year. We will provide You with thirty (30) days’ written notice, or more, if required by law, prior to the effective date of any rent adjustment. (i) Increase in Area Median Income (“AMI”) limits. Your rent is based on AMI figures as released annually by HCD. The AMI figures report the income of families of different sizes as that income compares to the median income of all families of the same size within a certain area of the state. As these figures increase annually, as they usually do, Your rent may increase by the same percentage of increase. However, any increase in Your rent cannot exceed 150% of “CPI” as defined in the MHP Regulations. CPI is a cost index indicating how much prices change every year. (ii) Income decrease. If Your income goes down to an amount une or more levels below Your current AMI bracket (defined ov your Tenant Income Certification), where for instance, Your houschold income is at 30% of AMI and Your income falls to 20% of AMI, Your rent may decrease after Your next recertification. (iii) Family composition change. If the number of people residing in Your Unit changes, You may be required to change units or vacate the Development. If You have more people residing in Your Unit than at Your initial occupancy, under some conditions, You may be disqualified from the Program. (iv) Student status change. If some or all of Your family members become students, or are no longer students and go to work, such changes may affect Your Program eligibility. Talk to Page 2 of 42ea Opronvunivy COMMUNITY HOUSING PARTNERSHIP Rene Cazenave Apartments Residential Lease Agreement Us before these student status changes occur so that We can advise You on how to maintain Your eligibility. (v) Disabled Unit modifications or features. If Your Unit contains special modifications or features for disabled persons and no one in Your household has the need for these special modifications or features You may be required to change units. If another household applies to the Development and would only be able to participate in the Program if these special modifications or features were made available We would contact You and arrange for Your transfer to a Unit appropriate for Your household. Unless You or a member of Your household becomes disabled and requires such modifications or features You agree to transfer to another comparable Unit, without special modifications or features for disabled persons. (vi) Rent subsidy. Your Unit may be eligible for a rent subsidy from from LOSP. You will be required to sign a subsidy agreement attached to this Lease Agreement and must abide by the Progtam requirements in order to receive this subsidy. The rent You are required to pay may increase or decrease based on the status of this Program but will not exceed rents allowed by HCD. Income Certification and Recertification. A. Your eligibility to occupy this Unit is based on information that You have provided to Us regarding Your household income and assets. You agree to provide Us cach year with updated information on a form We provide You, You agree that all such information regarding household income and assets provided to Us is true, complete, and correct to the best of Your knowledge. You further agree that failure to provide such information, or providing false or misleading information, may result in a rent adjustment pursuant to Subsection B below as well as the termination of Your occupancy and eviction from the Unit. You agree that all information supplied by You shall be subject to verification and inspection by representatives from the Program and the Us. B. If, upon recertification, Your income exceeds 80% of AMI, You will be required to pay rent in an amount equal to the maximum allowable under TCAC and HCD rules. Security Deposit. You will pay to Us, in advance of occupying the Unit, a security deposit in the amount of $448.00, which shall not exceed the rent for one month. We may apply the deposit after You vacate the Unit to repair any loss or damage caused by You or Your guests to the Unit or the Development other than normal wear and tear. We also may apply the deposit for the payment of rent due and owing from You. Prior to move-out, You bave the right to request a preliminary inspection of the Unit and to be present during that inspection, which will occur no earlier than two weeks before the move-out and during normal business hours. Such request will be provided by Us in a separate written notice within seventy- two (72) hours of receiving a written or verbal notification (as provided for above) from You. At this initial inspection, We will provide You with an itemized statement specifying repairs or cleaning that are Page 3 of 42SreonvuNy COMMUNITY HOUSING PARTNERSHIP Rene Cazenave Apartments Residential Lease Agreement 6. 7. proposed to be the basis for the deductions from Your security deposit. This may not be a final accounting of deductions from the security deposit. After You have moved from the Unit, We will complete a final inspection report. We will penmit You to participate in the final inspection, if You so request. Within twenty-one (21) days after You vacate the Unit, We will repay the security deposit, less any amounts deducted, to You at Your forwarding address or such other address as You may designate. At the same time, We will provide You with a written, itemized statement describing the reason for and the cost of any deductions from the deposit. Deductions which may be withheld from Your security deposit may be, but are not limited to: unpaid rent, damages that are not due to normal wear-and-tear and are not listed on the original Move-In Inspection report (attached to the Lease Agreement) or the initial move-out report, charges for late payment of rent and returned checks, charges for unreturned keys, and excessive cleaning costs (removal of trash, cleaning of appliances and carpets abused beyond normal wear-and-tear). If You disagree with the amount deducted, You have the right to ask to meet with Us informally to discuss the disputed charges. “You understand that We will not count the security deposit toward the last month’s rent or toward repair charges owed by You in accordance with paragraph 16 sub-section G. Ut . You will pay for Your own telephone, TV, internet and cable services including all fees, deposits, and charges therefore. If You choose to use a satellite service, You must notify Us and sign a Satellite Dish Agreement before establishing such services. There are restrictions on where the dish can or cannot be mounted at the Development. We will pay all other utility bills, including: Water, Sewer, Electricity, Gas and Garbage. Use. A. You shall use the Unit as, and only as, Your primary place of residence. You shall not cause or permit any illegal activity or use in the Unit. The Unit shall be occupied only by members of Your household consisting of ONE adult(s) (anyone eighteen (18) years of age and over) and ZERO children (anyone under eighteen (18) years of age) with the following names. You must inform Us in writing and receive written approval from Us prior to allowing another person to reside in the Unit. List names of occupants. Rebekah Brooks ~ N/A NA B. Extended Absence — You agree not to be absent from Your Unit for a period of time greater than thirty (30) days. Any absence from the Unit greater than thirty (30) days without Our agreement and consent constitutes an Extended Absence from the Unit and shall subject you to lease termination and/or eviction for failure to meet Program responsibilities. Page 4 of 42Opronionity COMMUNITY HOUSING PARTNERSHIP Rene Cazenave Apartments Residential Lease A ment et 10. C. Keys and Locks — You agree not to install additional or different locks or gates on any doors or windows of the Unit without written permission by Us. If We approve Your request to install such locks, You agree to provide Us with a key for each lock. When this lease ends, You agree to return all keys to the dwelling Unit to Us. We may charge You $5.00 for each key not returned or to replace a lost key during Your tenancy. Maintenance. You shall keep the Unit clean. All fixtures, accessories, and appliances will be used ina safe manner and only for the purpose they are intended. If You or Your guests cause or permit damage to the Unit, You shall be liable for the cost to repair the damage. Where damage or disrepair is not the responsibility of You or Your guests, We will repair and maintain the Unit, fixtures, accessories, and appliances in accordance with applicable state and local laws concerning the condition of Unit and common areas. Remodeling and Alterations. You shall not undertake any of the following without first receiving our written permission: a. Change or remove any part of the appliances, fixtures or equipment from the Unit; b. Paint or install wallpaper or contact paper in the Unit; c. Attach awnings or window guards in the Unit; d. Attach or place any fixtures or fences on the building, roof, common areas, or the Development grounds; e. Attach any shelves, screen doors, or other permanent improvements in the Unit. Rules, You shall comply with written rules (“House Rules”) We issue regarding use of the Unit and common areas. We will provide a copy of the rules to You. Any amendment to the House Rules shall be in writing and effective thirty (30) days after the notice thereof to You. You shall not cause or permit in the Unit or in common areas, excessive noise or any other activity, which disturbs the peace and quiet of other residents or neighbors. You shall not cause or permit any activity constituting a nuisance on or about the Unit or which adversely affects the health or safety of any person, nor shall You interfere with the management of the Unit. By initialing as provided, You acknowledge receipt of a copy of such House Rules, a copy of which is attached to, and made a part of, this lease. Rb. 11. 12. Sublease or Assignment. You shall not sublease or assign this lease or any portion thereof. If You attempt to sublease or assign this lease, this lease shall be null and void and no right to occupy the Unit shall arise from any attempted sublease or assignment. Entry and Inspection. Our Management Agent, or We, may enter and inspect the Unit after giving written notice to You (unless You otherwise consent) for: A Making repairs; Page 5 of 42Srronronity COMMUNITY HOUSING PARTNERSHIP Rene Cazenave Apartments Residential_Lease Agreement 13. 14. 15. 16. B. Inspecting for compliance with the terms of this lease; Cc. Showing the Unit to prospective lenders, purchasers, residents, contractors, repair workers, or representatives from the Program. If You move before the Lease Agreement ends, We may enter the Unit to decorate, remodel, alter or otherwise prepare the Unit for re-occupancy; D. Performing pest control services; E. Conducting annual and any other inspections. Twenty-four hours or more, following delivery of the written notice, shall be considered reasonable notice for the purpose of entry and inspection. In addition, our Management Agent or We may enter the Unit without notice if necessary in an emergency, such as fire, flooding or medical emergency. Welfare checks will be performed for residents who have not been seen by Us (without prior notice) for several days. Joint Responsibility. You must be eighteen (18) years of age or older, or an emancipated minor not under the care of a parent or guardian, to sign this lease. You acknowledge that this lease is between each person executing this lease jointly and individually and Us. In the event of default by anyone, each and every remaining person who executed the lease shall be responsible for payment of the total rent stated in Paragraph 3 (or as amended by Paragraph 4) and for all other provisions of the lease. Hold Harmless and Waiver. We do not provide insurance for Your personal property. You agree to indemnify Landlord for any liability arising before the termination of this lease for personal injury or property damage caused by the negligent, willful, or intentional misconduct by You, Your guests or invitees. Except for our own negligence We shall not be liable to You or any other person or entity for any damage to their person or property caused by water, rain, snow, frost, fire, earthquake, storm and accidents, or by breakage, stoppage, or leakage of water, gas, heating and sewer pipes or plumbing, upon, about, or adjacent to said premises. Except for our own negligence We shall not be liable for any damage occasioned by bursting or leaking or running pipes or tanks or receptacles or by leakage through the roof, windows or any doors. Moreover, We shall not be liable for any such damage arising from acts of the occupants of the premises or the owners or occupants of adjoining properties. Possession. If We are unable to deliver possession of the Unit at the time this lease begins, We shall not be liable for any damage caused thereby, nor shall this lease be void or voidable, but You shall not be liable for rent until possession is delivered. You may terminate this lease by written notice to Us if possession is not delivered within three days of the beginning of the term of this lease. Your Qbligations, You agree to: A. Comply with all obligations imposed upon You by state and local building codes materially affecting health and safety. Page 6 of 42StPOR TONY COMMUNITY HOUSING PARTNERSHIP Rene Cazenave Apartments Residential Lease Ayreement 17. A 9 Keep the Unit and such other areas as may be assigned for Your exclusive use in a decent, clean, sanitary, and safe condition, and the inside of Unit maintained according to acceptable housekeeping standards. Dispose of all garbage, rubbish, and other waste from the Unit in a sanitary and safe manner. Use only in a reasonable manner, and in a manner designed to conserve gas and electricity, all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances. Promptly notify Us of the need for repairs to the Unit and of any unsafe conditions on the grounds or common areas of the Development. Refrain from, and cause Your household and guests to refrain from destroying, defacing, or removing any part of the Unit or Development, including, but not limited to, placing contact paper, decals, or paint on the Unit. Pay for the repairs or damages to the Unit, Development building, facilities, or common areas that You, Your household or guests intentionally or negligently cause, except for normal wear and tear, and do so within thirty (30) days after receipt of our demand for the repair charges, and rent for the period the Unit is damaged, whether or not the Unit is habitable. Conduct and cause other persons who are in the Unit with Your consent to conduct themselves in a manner that will not disturb neighbors’ peaceful enjoyment of their accommodations and will be conducive to maintaining the Development in a decent, safe, and sanitary condition. Refrain from illegal activity or any other activity that impairs the physical or social environment of the Development. Not park in common driveways or block access to emergency vehicles. Comply with the written rules referred to in Paragraph 10 above. Recertify annually Your household size and income in accordance with all Program requirements. Our Obligations. We agree to: A. B. Comply with the requirements of state and local building and housing codes and Regulations materially affecting health and safety. Within a reasonable time, make or require necessary repairs to the Unit to keep it in a habitable condition. Page 7 of 42Seeontumiry COMMUNITY HOUSING PARTNERSHIP Rene Cazenave Apartments Residential Lease Agreement 18, F G. Keep the Development building, facilities, and common areas, not otherwise assigned to You for maintenance and upkeep, in a clean and safe condition. Regularly clean all common areas of the Development. Maintain in good and safe working order and condition electrical, plumbing, sanitary, heating, ventilating, and other facilities and appliances supplied or required to be supplied by Us. Astange for the collection and removal of trash and garbage from the Development. Maintain exterior lighting in good working order. Provide extermination services as necessary. Termination and Eviction, A. Caution: If You terminate Your lease early, You may be liable for rent until the end of Your lease or until the Unit is re-rented, whichever comes first. In addition, You may be liable for re-renting costs, such as for advertising. If You give Us thirty (30) or more days notice of Your intent to terminate Your tenancy, We may be able to re-rent Your Unit quickly so that there will be no additional rent charges. . You agree to vacate the Unit no later than the expiration date of Your notice of intent to terminate Your tenancy, remove all Your personal property, and leave the Unit clean and in good repair. . If We propose to terminate this Lease Agreement, We agree to give You written notice of the proposed termination. You will have either three (3) or ten (10) days upon receipt of the termination notice to meet and discuss the matter with Us—teference to the specific number of days will be contained within the specific notice. If We are terminating this Lease Agreement for “good cause” as stated below, You must receive the termination at least three (3) days before the date You will be required to move from the Unit. Notices of proposed termination for other reasons must be given in accordance with any timeframes set forth in State and Local law and are referenced earlier in this paragraph. All termination notices must i) specify the date this Leasc Agreement will be terminated, and i) specify the grounds for termination with enough detail for You to prepare a defense. You have the right of a court hearing and will be evicted only as a result of a judicial judgment. We may terminate this lease and, if necessary, evict You for “good cause” under the following conditions: (1) —- You fail to maintain eligibility under the Program, (2) You materially non-comply with the lease, by committing one or more substantial violations of the lease, such as not paying the rent or other amounts due after expiration of a three (3) day notice to pay or quit; causing significant damage to the Unit and not Page 8 of 42 oZLHEQUAL HOUSING ‘OPPORTUNITY COMMUNITY HOUSING PARTNERSHIP Rene Cazenave Apartments Residential Lease Agreement (3) @ 6) 6) (8) (9) (10) reimbursing Us for the repairs within thirty (30) days; repeated late payment of rent; serious or repeated damage to the Unit or common areas; creation of physical hazards; and giving Us false information regarding income or other factors considered in determining Your eligibility to live at the Development. ‘You commit habitual minor violations of the lease which: (i) adversely affect the health and safety of any person or the right of any tenant to the quiet enjoyment of the leased Unit and related Devclopment facilities; (ii) substantially interfere with the management, maintenance, or operation of the Development; or (iii) result from the failure or refusal to pay, in a timely fashion, rent or other permitted charges when due. Failure or refusal to pay in a timely fashion is a minor violation if payment is made during the three (3) day notice period. You substantially fail to carry out obligations under state or local law. You sublet all or any portion of Your Unit. You are absent from your unit for a period exceeding of thirty (30) days or greater thereby creating an Extended Absence from Your Unit referenced in Paragraph 7 above. You commit any other action or conduct constituting significant problems that can be reasonably resolved only by eviction, provided that We have previously notified You that the conduct or action in question would be considered cause for eviction. Examples of action or conduct in this category include but are not limited to Your refusal, after written notice, to accept reasonable rules or any reasonable changes in the lease or the refusal to recertify income or household size. You fail to move out after giving Us Your notice to terminate Your tenancy. If, after the income recertification required by the Program, You exceed the maximum income guidelines or You no longer meet the occupancy standards for the Unit or Development. You shall vacate the Unit and/or Development no later than one-hundred twenty (120) days from such verification. If You provide to Us additional evidence which establishes income eligibility prior to the expiration of Your lease, Your lease shall not be terminated and We will adjust records accordingly. D. Any notice of termination or eviction shall contain a statement of the facts constituting the cause for the termination or eviction and a statement of Your rights under the grievance and appeal procedure described below. Page 9 of 42 LtSPeORTUNITY COMMUNITY HOUSING PARTNERSHIP Rene Cazenave Apartments Residential} Lease Agreement 19. | Grievance and Appeal Procedure. We have adopted a procedure for the resolution of disputes arising out of this lease or Your occupancy of the Unit. The procedure establishes Your right to a hearing on grievances related to Your occupancy and appeal of any of our decisions regarding Your occupancy, including notices of termination and eviction. By initialing as provided, You acknowledge receipt of such procedure upon occupancy. Cnitials) 20. Megan's Law. The California Department of Justice, Sheriff's departments, police departments serving jurisdictions of 200,000 more and any other local law enforcement authorities maintain for public access a database of the locations of persons required to register pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code. The database is updated on a quarterly basis and a source of information about the presence of these individuals in the neighborhood. The Department of Justice also maintains a Sex Offender Identification Line through which inquiries about individuals may be made. This is a “900” telephone service. Callers must have specific information about individuals they are checking. Information regarding the neighborhood is not available through the “900” telephone service. 21. Waiver. Our failure to insist upon the strict performance of the terms, covenants, agreements, and conditions contained herein, or any of them, shall not constitute or be construed as a waiver or relinquishment of our right thereafter to enforce any such term, covenant, agreement, or condition, but the same shall continue in full force and effect. 22. Additional Lease Provisions. Additional provisions are incorporated and attached to this lease as Exhibits. 23. Acknowledgment. As consideration for Your continued fulfillment of the terms and conditions of this lease, We agree that You may, during the effective period of this lease, have and enjoy the use of the Unit described above. 24. i ation Prohibited. We agree to not discriminate based upon race, color, religion, creed, national sex, age, handicap, familial status, marital status, sexual orientation or membership in a class, such as unmarried mothers or recipients of public assistance. 25. Hazards. You shall not undertake, or permit Your family or guests to undertake, any hazardous acts or do anything that will increase the Development’s insurance premiums. If the Unit is damaged by fire, wind, or rain to the extent that the Unit cannot be lived in, and the damage is not caused or made worse by You, You will be responsible for rent only up to the date of the destruction. Additional rent will not accrue until the Unit has been repaired to a livable condition. 26. Governing Law. This Lease Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of California, Page 10 of 42SPrantunrry COMMUNITY HOUSING PARTNERSHIP Rene Cazenave Apartments Residentia-Lease Agreement 27. OF THIS LEASE IMENT. This Lease Agreement, its Attachments and Addenda, make up the entire agreement between You and Us regarding the Unit. If any Court declares a particular provision of this Lease Agreement to be invalid or illegal, all other terms of this Lease Agreement will remain in effect and both Management and You will continue to be bound by them. {THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Page 11 of 42 SLKSprontoNty COMMUNITY HOUSING PARTNERSHIP Rene Cazenave Apartments Residential Lease Agreement Signature Page Management Agent: Community Housing Parinership a Title: Leasing Specialist / Asst. Property Manaper / Property Manager Address: 25 Essex Street, San Francisco, CA 94105 Date: Sl zo\w Telephone Number: (415) 767-3400 By (Resident Signature): Resident Name: Rebekah Brooks Date: 2 2e Tsk By (Co-Resident Signature): Co-Resident Name: Date: By (Co-Resident Signature): Co-Resident Name: Date: Exhibits: 1) Notice of Right to Reasonable Accummodation 2) Low Income Housing Tax Credit Lease Rider 3) Multifamily Housing Program (MHP) Lease Addendum 4) Property Management Grievance and Appeal Procedure 5) Rene Cazenave Apartments House Rules 6) Animal Agreement 7) Local Operating Subsidy Program (LOSP) Agreement 8) Pest Prevention Addendum 9) Megan’s Law Disclosure Requirement 10) Move In/Move Out Inspection Report Documents in Packet: 11) Reasonable Accommodation Policy 12) Megan’s Law Attachments — Keeping Yourself Safe & Internet Safety Tips Page 12 of 42Orrontunine COMMUNITY HOUSING PARTNERSHIP Rene Cazenave Apartments Residential Lease Agreement Rene Cazenave Apartments, 25 Essex Street San Francisco, CA 94105 Notice of Right to Reasonable Accommodation Community Housing Partnership will make every reasonable effort to accommodate individuals with special needs so that they are able to live, work and/or receive services adequately and comfortably. These accommodations may include but are not limited to requirements related to visual, audio, language, ergonomic, physical, psychiatric, and other medical needs. These accommodations may be offered to any individual who requires them and who would otherwise not be able to live, work or access services in this particular environment. It is the intent of this policy to create a life, work and service delivery environment which is respectful of all people’s differences and special needs, and to make all reasonable accommodations in order to welcome diverse perspectives. It is also our intent to make these accommodations in a timely and efficient manner so that minimal impact is felt by all parties involved. It should be noted that these accommodations will be made at the expense of the Community Housing Partnership. If you have a physical or mental disability, and as a result, you need... e¢ Achange or repair in your housing unit that would give you an equal chance to live here and benefit from the use of your apartment. « ~ Achange or repair to some other part of the housing site that would give you an equal chance to live here and use the facilities or programs on site. * Achange in the rules or policies or how we do things that would give you an equal chance to live here and use the facilities or take part in programs on site. « Achange in the way we give you information. * An accessible unit, The accessible units comply with UFAS (Uniform Federal Accessibility Standards). (Examples: there are a limited number of accessible units available at each building that has been specifically modified for persons with mobility impairments; there are also a limited number of units available for persons with auditory or visual impairments. The Property Manager maintains the list of accessible units at each building.) Then you may ask for this kind of change, which is culled a Reasonable Accommodation. What you ask for may be one of the examples listed above or it may be any other change you need. Please contact a Community Housing Partnership manager if you need this information in another format, Your Request If you can show that you have a physical or mental condition that needs this change, and if your request is reasonable (not too expensive and not too difficult to arrange), we will try to make the changes you ask for. Page 13 of 42OProntunite COMMUNITY HOUSING PARTNERSHIP Rene Cazenave Apartments Residential Lease Agreement You can ask for a Reasonable Accommodation by contacting the Property or Program Manager at his or her office. You may be asked to fill out a Reasonable Accommodation Request form. Staff can assist you with your request. Qur Response We will give you an answer within 2idays of our receiving your written request, unless there is a problem getting the information we need, or unless you agree to a longer time. We will let you know if we need more information or verification from you or if we would like to talk with you about other ways to meet your needs, If we deny your request, we will explain the reasons in writing and you can give us more information, if you think that will help. You may also appeal our decision and we will tell you how. Confidentiality All information you provide will be kept confidential and will be used only to help you have an equal opportunity to enjoy our housing, services and programs. Acknowledgement Lacknowledge that I have received a copy of the Notice of Right to Reasonable Accommodation and blank Reasonable Accommodation Request form. th hold af ppcader Qoo | 4 Dale Signature (acknowledging reccipt) Date Page 14 of 42Opronvonry COMMUNITY HOUSING PARTNERSHIP Rene Cazenave Apartments Residential Lease Agreement LOW INCOME HOUSING TAX CREDIT LEASE RIDER (to be attached to resident lease) Property Name: Rene Cazenave Apartments Unit #:502 Household Name: Rebekah Brooks Dear Resident or Applicant: The owner(s) of this property rents residential units under the federal Low-Income Housing Tax Credit Program (the “program”) administered by the California Tax Credit Allocation Committee (TCAC). Under the program, the owner has agreed to rent some or all of the units in the property to low-income households and restrict the rents for those units. Another protection provided by federal law is that Low Income Tenants may not be evicted without good cause. The following Lease Rider is an important part of ensuring your rights to good cause for eviction. The Lease or Rental Agreement dated March 20, 2014 is hereby amended by adding the following provision: Lease Rider: Good Cause for Eviction or Nonrenewal of the Lease Owner may not terminate the tenancy or refuse to renew the Lease or rental agreement of a Low Income Tenant except for good cause, including a serious or repeated violation of the material terms and conditions of the Lease, or a violation of applicable Federal, State, or local law. To terminate the tenancy or refuse to renew the Lease, Owner must provide written notice to the tenant of the grounds with sufficient specificity to enable the tenant to prepare a defense. The notice must be served ai least three days before the termination of tenancy, and must comply with ail requirements of California law and other applicable programs. Tenant has the right to enforce this requirement in state court, including presenting a defense to any eviction action brought by Owner. To the extent that any terms contained in the Lease or rental agreement, or any other agreement between the owner and the tenant, contradict the terms of this Rider, the provisions of this Rider shall control. Bysiont below, | indicate my consent to this Lease Rider. i, yakG Cae Aah “Ache Alac| iW Bropeviy RearoSEIGIive Name (print) Se {sighature) X Date By signing below, | indicate my consent to this Lease Rider. I/we have been aven acopy of this Lease Aisbekah Brooks habe) ‘lh Por fe 4 Pe | 1U Resident or Applicant Name (print) (signature) Datd Resident or Applicant Name (print) (signature) Date Resident or Applicant Name (print) (signature) Date Page 15 of 42Sprontonity COMMUNITY HOUSING PARTNERSHIP Rene Cazenave Apartments Residential Lease Agreement NOTICE —- GOOD CAUSE EVICTION PROTECTION As aresident in a “Housing Tax Credit Program" rental unit, you have a right to continue living in your rental unit untess you do something that gives your landlord “good cause” to evict you. This notice provides basic Information about your rights. Why are you being notified of your right against eviction without “good cause"? The federal law that created the Housing Credit Program requires this protection, The California Tax Credit Allocation Committee requires your landlord to notify you and amend your lease, You and your landlord must also sign the “Lease Rider" to make this important resident protection part of your lease. This “Lease Rider" has already been signed by your landlord and should be attached to this notice for your signature. What is “good cause” for your landlord to evict or to terminate your tenancy? There is no specific list of “good causes" to evict residents. Rather, this matter has been left to the courts to decide and define. However, your landlord would have “good cause" if you commit a serious or repeated violation of the significant terms of your lease. Some examples of what might be considered good cause are failure to pay rent on time.Mailure to cooperate with legal recertification requirements, and engaging in illegal activity on the premises. Can your landlord refuse to renew your lease without showing good cause? No, the owner must have good cause for any eviction or termination of tenancy, including a refusal to renew your lease when it expires. What if your lease does not yet include protection against being evicted without “good cause”? Even if your lease does not state this protection, you have the right NOT to be evicted without "good cause." To strengthen this protection, you should immediately sign and return the “Lease Rider." Page 16 of 42 rapSrronronny COMMUNITY HOUSING PARTNERSHIP Rene Cazenave Apartments ResidentialLease Agreement What procedures must the landlord follow to evict me or terminate my tenancy? Before your tenancy can be terminated, your landlord must give you a written notice of the reasons — the "good cause” - that Is specific enough for you fo present a defense if you wish. You do not have to move out after the notice if you believe there Is no good cause. Whether you agree or disagree with the notice, you should never ignore It. If you choose to stay and contest the eviction, the landlord must file and serve you with a court action, calied an “unlawful detainer". This court action must be based on the same good cause stated In the notice. You have the right fo show why there fs not good cause at a hearing in court. The Judge will then decide whether the landlord has shown good cause. You only have to leave the premises if the court orders you to do so. IMPORTANT! If you receive an eviction notice or court papers, you should contact an attorney immediately for legal advice. Who should you contact if you have more questions? Please contact your resident manager, local legal services office, local housing rights organization, or a private attorney. Page 17 of 42OnpoRTONTY COMMUNITY HOUSING PARTNERSHIP Rene Cazenave Apartments Residential Lease. Agreement LEASE ADDENDUM Multifamily Housing Program (MHP) This Lease Addendum is intended to amend the Lease/Rental Agreement, dated March 20 2014, between Rebekah Brooks (Lessee/Tenant) and Community Housing Partnership ( Lessor/Landlord) for the lease of No.#502(Unit Number) of The Rene Cazenave Apartments (Development) located at 25 Essex Street (Street Address), San Francisco, California 94105 (The Leased Premises). As a condition of financial assistance provided under the Multifamily Housing Program, the owner of the Development has entered into a Regulatory Agreement (the MHP Regulatory Agreement) with the California Department of Housing and Community Development (the Department). The Leased Premises deemed to be an Assisted Unit as the term is defined in the MHP Regulatory Agreement. The terms of this addendum take precedence over every other provision in the lease itself and over any other lease addendum or attachment. (1) “Good cause” as defined by MHP Regulations shall be required for termination of tenancy. Pursuant to MHP Requlations Section 7311(b): One or more of the following constitutes “good cause": (A) __ failure by the tenant to maintain eligibility under the Program; (B) material noncompliance by the tenant with the lease, including one or more substantial violations of the lease or habitual minor violations of the lease which: () adversely affect the health and safety of any person or the right of any tenant to the quiet enjoyment of the leased premises and related Project facilities; (ii) substantially interfere with the management, maintenance, or operation of the Rental Housing Development; or (iii) result from the failure or refusal to pay, in a timely fashion, Rent or other permitted charges when due. Failure or refusal to pay in a timely fashion is a minor violation if payment is made during the 3-day notice period; (C) material failure by the tenant to carry out obligations under state or local law; (D) subletting by the tenant of all or any portion of the Assisted Unit; {E) any other action or conduct of the tenant constituting significant problems which can be reasonably resolved only by eviction of the tenant, provided that the Sponsor has previously notified the tenant that the conduct or action in question would be considered cause for eviction. Examples of action or conduct in this category include the refusal of a tenant, after written notice, to accept reasonable rules or any reasonable changes in the lease or the refusal to recertify income or household size: or Page 18 of 42OrPORTUNIT? COMMUNITY HOUSING PARTNERSHIP Rene Cazenave Apartments Residential Lease Agreement (F) for Transitional Housing, the end of the maximum term prescribed for tenant occupancy by the Program operated in a particular Transitional Housing development. (2) Any notice provided to the tenant pursuant to state law shall state the facts constituting the grounds for any eviction. See MHP Regulations Section 7311 (b). (8) The tenant is hereby notified of the availability of grievance procedures for hearing tenant complaints and for appeal of management action; such procedures are provided within the lease, or attached hereto, or available upon request from the management company. See MHP Regulations Section 7311(b). (4) Each tenant household is annually required to recertify household income and size. See MHP Regulations Section 731 1(b). (5) _{nitial term of tenancy for ail MHP-regulated units and ail tax credit units shall be a minimum of at least six months, except that units for single room occupancy or transitional housing shall have a minimum initial term of at least one month, Subsequent lease renewals for all types of tenancy shall be for a minimum term of at least one month. See CA TCAC Compliance Reference Manual, Section Ii, Part 350, Paragraph D. . (6) Rents shall be raised or lowered no more than once annually, and such adjustment shall be calculated using CA Tax Credit Allocation Committee (TCAC) procedures. See CA TCAC Compliance Reference Manual, MHP Regulations Section 7312(c). {7) For units receiving HUD Section 8 or other simitar rental assistance, the rules of such program regarding rent increases shall prevail, even if such changes are more than once. See MHP Regulations Section 7312(c). (8) Any provisions in this lease in violation of State law, the MHP Regulations, the MHP Regulatory Agreement, or Federal law, are void. Dated: 4fool) oe yy kp fen on po By: Pee bho se He earl? AtTenant Signature) BN ) hb “_ (Property Manager/Leasing Specialist Signature) eee SN Page 19 of 42Speonrunn? COMMUNITY HOUSING PARTNERSHIP Rene Cazenave Apartments Residential Lease Agreement PROPERTY MANAGEMENT APPEAL AND GRIEVANCE PROCEDURE Community Housing Partnership strives to provide excellent services to tanants and applicants of the housing we own and manage. However, we realize that on occasion, disagreements between tenants or applicants and staff will occur. We have adopted the Appeal and Grievance Procedure described herein to ensure that tenants and applicants have a fair opportunity to present and resolve any disagreements or disputes they have in the area of property management. (Tenant Services grievances are covered in a separate procedure available from your property's Tenant Services office.) Experience shows that most disagreaments can be resolved quickly and informally through direct and honest communication. Therefore, we encourage you to bring your concerns directly to the pertinent employee for resolution. Hf you do not believe that the employee has adequately addressed your concern, we ask that you bring your concern to the Property Manager, whose office is on the ground floor of the property you live in. If you do not believe that the Property Manager has adequately addressed your concern, please bring the issue to the Property Supervisor. The Property Supervisor manages the staff and facilities of several buildings. The office of the Property Supervisor designated to collect and route grievances for all Community Housing Partnership-owned properties is located at 20 Jones Street Suite 200 San Francisco, CA and can be contacted at (415) 852-5325 if the Property Supervisor does not resolve your concern satisfactorily, you may follow the procedure described below. Community Housing Partnership's policy is that all tenants’ grievances be given complete and objective consideration. On rare occasions, this may require reference of a problem to higher levels of authority. This procedure has been adopted to assure that opportunity for full “due process” and a fair opportunity to present and resolve any disagreements or disputes. that you have with management is given to all tenants and applicants. This procedure applies to both applicants and tenants of Community Housing Partnership properties. All tenants are encouraged to use it without concern that it will reflect on their status as a tenant, DEFINITIONS “Complainant” is defined as any tenant or prospective tenant in the housing whose rights, duties, welfare, or status are or may be adversely affected by management's action or failure to act and who files a grievance with management with respect to such action or failure to act. Complainant is referred to in this procedure as “complainant,” “you” or “tenant.” “Grievance” is defined as any dispute with respect to management action or failure to act in accordance with lease requirements, or any management action or failure to act involving the interpretation or application of management regulations, policies, or procedures which adversely affects the rights, duties, welfare, or status of the complainant. A. Rights to a Grievance Hearing if you believe that management has acted so that your rights or status are adversely affected, or you believe that management has not complied with the terms of the residential lease it entered Into with you, then you are entitled to a hearing in accordance with this grievance and appeal procedure. You may also request a hearing if you have a complaint about another tenant concerning your or others’ health and safety or if the complaint in reference to the other tenant involves the maintenance and management of the project. If you applied for a unit and were rejected, you also have the right to request a hearing. Page 20 of 42 LTOPPORTUNITY COMMUNITY HOUSING PARTNERSHIP Rene Cazenave Apartments Residential Lease Agreement The grievance and appeal p