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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
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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
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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
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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
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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
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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
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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
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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
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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