Miscellaneous: SAN FRANCISCO HOUSING AUTHORITY VS. BEVERLY JOHNSON et al

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San Francisco Superior Courts
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Document Scanning Lead Sheet
Nov-03-2005 8:38 am

Case Number: CUD-05-616325
Filing Date: Nov-03-2005 8:36
Juke Box: 001 Image: 01317148
COMPLAINT

SAN FRANCISCO HOUSING AUTHORITY VS. BEVERLY JOHNSON et al

001001317148

Instructions:
Please place this sheet on top of the document to be scanned.— a

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar pers and address) ‘COURT.
Atnold W. Evje ll (State Bar # #095104) FOR COURT USE OWLY
f- Arnold W. Evje II, Esq.
950 Oak Street
San Francisco , California 94117
TELEPHONE NO. (415) 861-6070 — Faxwo.(optonan: (415) 861-6073

E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name): San Francisco Housing Authorit
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRAN CISCO
street aporess: 400) Mc Allister Street q ce
waiinc aooress: 400 McAllister Street q L. fs
city ano zie cove: San Francisco 94102 Ban Fromuseo Gainty Sus 9ar

sranch Name: Superior Court - Limited Jurisdiction
PLAINTIFF: San Francisco Housing Authority NOV 3 2005

DEFENDANT: Beverly Johnson and Does 1-10 Inclusive [GORFON PARK-L!, Clark
X] poEs1To _10 1 a ii sity Oi
COMPLAINT — UNLAWFUL DETAINER*

[x] compLaint [_] AMENDED COMPLAINT (Amendment Number):

Jurisdiction (check all that apply):
[1] ACTION IS A LIMITED CIVIL CASE
Amount demanded (_X_| does not exceed $10,000
exceeds $10,000 but does not exceed $25,000
ACTION IS AN UNLIMITED CIVIL CASE (amount demanded exceeds $25,000)
ACTION IS RECLASSIFIED by this amended complaint or cross-complaint (check all that apply):
from unlawful detainer to general unlimited civil (possession not in Issue) from limited to unlimited
[1 from untawtul detainer to general limited civil (possession not in issue) [J from unlimited to limited

4. PLAINTIFF (name each): San Francisco Housing Authority

alleges causes of action against DEFENDANT (name each): Beverly Johnson and Does 1-10 Inclusive

2. a. Plaintiffis (1) cS an individual over the age of 18 years. (4) L_] a partnership.
a public agency. 6) (J a corporation.

@ CI other (specify):
b. [-] Plaintiff has complied with the fictitious business name laws and is doing business under the fictitious name of (specify):

3. Defendant named above is in possession of the premises located at (street address, apt. no., city, zip code, and county):
1880 Sunnydale Avenue, San Francisco, CA 94134

4. Plaintiffs interest in the premises is [X_] as owner other (specify):

5. The true names and capacities of defendants sued as Does are unknown to plaintiff. .

6. a. Onor about (date): vio ell 005 defendant (name each): Beverly Johnson and Does 1-10 Inclusive
+

(1) agreed to rent the premises as a [3c] month-to-month tenancy other tenancy (specify):
(2) agreed to pay rent of $278.00 payable CX] monthly [(_] other (specify frequency):
(3) agreed to pay rent onthe [X_] first ofthe month [__] other day (5 (specify):

b. This [X] written [] oral agreement was made with

(1) £2) plaintist (3) (2) plaintiffs predecessor in interest.
(2) [1 plaintiffs agent. (4) [1] other (specify):
* NOTE: Do not use this form for evictions after sale (Code Civ. Proc., § 1161a). Page 1 of 3

‘Civil Code, § 1940 et seq.

“acto COMPLAINT—UNLAWRUL DIT AINA Nascidibodee MU

UD-100 [Rev. July 1, 2005] www courtinfo.ca.gov

‘LexisNexis® Automated California Judicial Council Forms_— _L
PLAINTIFF (Name): San Francisco Housing Authority CASE NUMBER’

DEFENDANT(Name): Beverly Johnson and Does 1-10 Inclusive

6. c. LX] The defendants not named in item 6a are
(1) BI subtenants.
(2) CJ assignees.
(3) [Xx] other (specify): unapproved occupants in possession

d. (7) The agreement was later changed as follows (specify):

e 1a copy of the written agreement, including any addenda or attachments that form the basis of this complaint, is attached
and labeled Exhibit 1. (Required for residential property, unless item 6f is checked. See Code Civ. Proc., § 1166.)

f. [] (For residential property) A copy of the written agreement is not attached because (specify reason):
(1) the written agreement is not in the possession of the landlord or the landlord's employees or agents.
(2) this action is solely for nonpayment of rent (Code Civ. Proc., § 1161(2)).

7. EX] a. Defendant (name each): Beverly Johnson and Does 1-10 Inclusive

was served the following notice on the same date and in the same manner:
(1) CG 3-day notice to pay rentorquit (4) (] 3-day notice to perform covenants or quit
(2) 4 30-day notice to quit (5) L_J 3-day notice to quit
(3) 60-day notice to quit (6) LX] Other (specify): 30 Day Notice to Cure or Quit
b. (1) On (date): October 31, 2005 the period stated in the notice expired at the end of the day.
(2) Defendants failed to comply with the requirements of the notice by that date.
All facts stated in the notice are true.
[GC The notice included an election of forfeiture.
e KX] 8 copy y the notice is attached and labeled Exhibit 2. (Required for residential property. See Code Civ. Proc.,
1166,

f. [1] One or more defendants were served (1) with a different notice, (2) on a different date, or (3) in a different
manner, as stated in Attachment 8c. (Check item 8c and attach a statement providing the information required
by items 7a-e and 8 for each defendant.)

8. a. [X] The notice in item 7a was served on the defendant named in item 7a as follows:

(1) Co by personally handing a copy to defendant on (date):

(2) [1 by leaving a copy with (name or description):
a person of suitable age and discretion, on (date): at defendant's
[1] residence [_] business AND mailing a copy to defendant at defendant's place of residence on
(date): because defendant cannot be found at defendant's residence or usual
place of business.
(3) (1 _ by posting a copy on the premises on (date): 9/30/05 [1 AND giving a copy toa
person found residing at the premises AND mailing a copy to defendant at the premises on
(date): September 30, 2005
(a) (1 because defendant's residence and usual place of business cannot be ascertained OR
(b) [1 because no person of suitable age or discretion can be found there.
(4) [-] _ (Not for 3-day notice; see Civil Code, § 1946 before using) by sending a copy by certified or registered
mail addressed to defendant on (date):

(5) (Not for residential tenancies; see Civil Code, § 1953 before using) in the manner specified in a written
commercial lease between the parties.

ao

b. [7] (Name):
was served on behalf of all defendants who signed a joint written rental agreement.

c. [1] Information about service of notice on the defendants alleged in item 7f is stated in Attachment 8c.
d. [J Proof of service of the notice in item 7a is attached and labeled Exhibit 3.

Page 20f3
0-10 Re. Jy, 208 COMPLAINT—UNLAWFUL DETAINER

LexisNexis® Automated California Judicial Council Forms[ PLAINTIFF (Name):San Francisco Housing Authority ] CASE NUMBER:

DEFENDANT(Name): Beverly Johnson and Does 1-10 Inclusive

9. (1 Plaintiff demands possession from each defendant because of expiration of a fixed-term lease.

10. [] atthe time the 3-day notice to pay rent or quit was served, the amount of rent due was $

41. [1 The fair rental value of the premises is $ per day.

[-] Defendant's continued possession is malicious, and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b). (State specific facts supporting a claim up to $600 in Attachment 12.)

13. Co Awritten agreement between the parties provides for attorney fees.

14. Defendant's tenancy is subject to the local rent control or eviction control ordinance of (city or county, title of ordinance,
and date of passage):
Plaintiff has met all applicable requirements of the ordinances.

15. [X] Other allegations are stated in Attachment 15.

46. Plaintiff accepts the jurisdictional limit, if any, of the court.
17. PLAINTIFF REQUESTS

a. possession of the premises. f.
costs incurred in this proceeding: (date): for each day that

b.

c. []  past-due rent of $ defendants remain in possession through entry of judgment.
d.

e

damages at the rate stated in item 11 from

CC
. [] reasonable attorney fees. g. C_] statutory damages up to $600 for the conduct alleged in item 12.
. [1 forfeiture of the agreement. hn. C1 other (specify):

such other and further relief as the

Number of pages attached (specify): 6 court deems proper

UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400-6415)

49. (Complete in all cases.) An unlawful detainer assistant [X] did not (1 did for compensation give advice or assistance
with this form. (/f plaintiff has received any help or advice for pay from an unlawful detainer assistant, state:)

a. Assistant's name: c. Telephone No.:
b. Street address, city, and zip code: d. County of registration:
e. Registration No.:
f. Expires on (date):
Date: November 2, 2005
Arnold W. Evje II . —_
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)

VERIFICATION
(Use a different verification form if the verification is by an attorney or for a corporation or partnership.)

| am the plaintiff in this proceeding and have read this complaint. | declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.

Date: November 2, 2005

San Francisco Housing Authority »
(TYPE OR RRINT NAME)

Zoe

(SIGNATURE OF PLAINTIFF )

‘UD-100 [Rev. July 1, 2005] Page Sof 3

(a

LexisNexis® Automated California Judicial Council FormsSAN FRa_
sco HousING AUTHORITY LEASE «- PAGE 4 ord win(E) If Tenants claim that a Household Membe » vacated the Residence, then
the SFHA

that the Household Member no longer lives at the Residence. m

(F) The SFHA shall have the right to demand that Tenants submit to an interi iew it
2 J im rent review if the SFHA has cause to beli i

the Monthly Rent is appropriate. Tenants may make reasonable fequests for an interim rent review at any time. opeteve that a change in
(G) If the SFHA increases the Monthly Rent pursuant to a rent review, then the new Mo!

second month following the completion of the review. If Tenants delay in providing information that justifies a rent increase, then the

'y __quire Tenants to submit satisfactory proof

whichever is earlier.

(H) If the SFHA decreases the Monthly Rent pursuant to th revi is
month following the completion ore oe un 1e ew, then the revised Monthly Rent shall be effective on the first day of the
7. DEPOSITS :
(A) At or before move-in, Tenants shall pay an amount equal to the Monthly Rent or $50, whichever greater, as a security deposit.
(B) The nthe weave ine Securly deposit at the termination of the Lease for any purpose permitted by California law. The SFHA shall
n 1p lo Tenants within three weeks after Household Members have vacated the Residence, less any deductions
permitted by law.

(C) The SFHA may collect a pet deposit in accordance with the Pet Policy. Tenants may request a refund of the pet deposit upon the
termination of tenancy or after they provide satisfactory documentation that they no longer have any pets. The SFHA shall refund such
deposit only after an inspection of the Residence for pet damage and after making reasonable deduction for such damage.

(D) The SFHA shall be under no obligation to maintain moneys paid toward security or pet deposits in a segregated account. The SFHA shall
be under no obligation to pay interest on these deposits.

8. UTILITIES, APPLIANCES AND SERVICES

(A) If the SFHA provides utilities, Tenants may use a reasonable amount of gas or electricity at no cost, as determined by a utility allowance
schedule published by the SFHA. Tenants agree to pay the SFHA reasonable charges for the consumption of gas or electricity in excess
of these allowances at rates established by the SFHA.

(B) If the SFHA does not provide utilities, then Tenants shall purchase utilities directly from the provider. (In such cases the Monthly Rent

shall already be adjusted downward by the amount set forth in the SFHA’s utility allowance schedule.) The actual cost of utilities shall not

be deducted from Monthly Rent. The SFHA has no obligation to pay Tenants’ utility bills.

The utility allowance schedule and excessive utility consumption charge rates shall be available at the Development office. The SFHA

may change and adjust the schedule and charges (and Monthly Rent, if appropriate) at any time after giving appropriate notice. The

SFHA shall not be responsible for failure to provide utilities because of Tenants’ failure to pay bills or any other reason beyond its control.

The SFHA shall furnish the Residence with the equipment and utilities listed on the pre-occupancy statement described in Section 9. The

SFHA shall also provide reasonable sewer and garbage collection services and reasonable amounts of running water.

The SFHA shall charge Tenants for any service, repair, maintenance or equipment made necessary by Tenants’ failure to keep the

Residence (including appliances) in good condition, except for normal wear and tear. Tenants shall pay for the repair of damage to SFHA

property, including Development buildings, equipment, and common areas, and for cleaning or extermination, made necessary by

Household Members or their guests.

Charges assessed to Tenants for maintenance or repair services, or for excessive utility consumption, shall be charged to the Tenants’

account and shall be due and payable on the first day of the second month following the month in which the charges are incurred.

9. PET PROHIBITION

Dogs and other animals are prohibited unless specifically permitted by the SFHA Pet Policy and a written amendment to this Lease. The

current Pet Policy is available at the Development office or from the SFHA. Keeping an animal in violation of the Pet Policy shall be

grounds for immediate termination of this Lease and eviction.
10. INSPECTIONS AND ENTRIES

The SFHA and Tenants shall inspect the Residence before Tenants take occupancy. The SFHA shall furnish a written statement of the

condition of the Residence and the utilities and equipment provided with the Residence. Tenants and the SFHA shall sign the statement.

(B) Tenants shall submit to an annual inspection of the Residence, upon request of the SFHA.

(C) The SFHA may conduct interim inspections of the Residence if it has cause to believe that an unsanitary or hazardous condition exists,

or if Tenants have failed or refused to cooperate with inspections, maintenance, repairs, or pest control.

The SFHA shall inspect the Residence when Tenants vacate and shall furnish a statement of damage to the Residence, including

charges to be deducted from the security deposit. Tenants may participate in the pre-termination inspection.

Tenants, by requesting the SFHA to perform maintenance or make repairs at the Residence, shall give the SFHA permission to enter the

Residence without notice.

Tenants shall permit the SFHA, upon reasonable advance notice, to enter the Residence during normal business hours so that the SFHA

may perform routine inspections or maintenance, make improvements or repairs, or show the Residence for re-leasing. A written

statement specifying the purpose of the entry delivered to the Residence at least forty-eight (48) hours in advance shall be considered
reasonable.

If all adult Household Members are absent from the Residence at the time of entry by the SFHA, then the SFHA shall leave in the

Residence a written statement specifying the date, time and purpose of the entry.

The SFHA may enter the Residence without advance notification when it has cause to believe that an emergency exists, or if the

Residence appears abandoned, or to make repairs requested or agreed to by Tenants.

(I) The SFHA may permit a peace officer or building or health inspector to enter the Residence upon presentation by such official of a
warrant or order, or to arrest a person that a peace officer believes to be in the Residence, or if a peace officer orders the SFHA
employee to open the Residence.

(Cc

(D)

(E)

(F)

(A)

(D}

(E

(F)

(G)

(H)

11. TRANSFERS

If the SFHA determines that: (1) the size of the Residence is no longer appropriate for the Household composition; or (2) a transfer is

necessary to protect the health or safety of a Household Member or another SFHA resident; or (3) a transfer is necessary so that the

SFHA may repair, retrofit, replace or modify the Residence; or (4) a Household Member needs to live in a unit with special features (e9.,

handicap access) not available at the Residence; then the Household shall transfer to an alternate SFHA unit within 30 days of written

Notification by the SFHA that the unit is available. Upon receipt of the keys to the new unit, Tenants shall immediately transfer all

personal property to the new unit. Transfers made pursuant to Section 11(A)(1) shall be at Tenants’ sole expense.

(B) If the Household transfers to another dwelling unit, this Lease shall terminate and a new written lease agreement shall be executed for
the new dwelling unit. By transferring Tenants to another dwelling unit, however, the SFHA shall not waive its right to terminate the lease
for that new unit or to evict the Household from that unit based upon conduct that occurred before the transfer (when Tenants resided at
the Premises). If any member of the Household transfers to a new dwelling unit after the SFHA initiates an eviction proceeding, then the
SFHA may re-file the action or amend its pleadings to request possession of the new dwelling unit, without waiver of the original violation

12, SFHA OBLIGATIONS AND RESPONSIBILITIES

(A)

The SFHA shall:
(A) Maintain the Residence and the Development in a decent, safe, and sanitary condition.

(2) Comply wih applicable bulking and housing codes and federal regulations maletaly afectng heath and set.

(C) Make necessary repairs to the Residence.

a a ing en ana arooommto,LL |

aa Foaupanm 4(E) Maintain in good and safe working order atreLondition electrical, plumbing, sanitary, heating;-ventilating, and other facilities and
appliances, including elevators, supplied or required to be supplied by the SFHA.
Provide and maintain appropriate receptacles and facilities for the deposit of garbage, rubbish, and other waste Tenants remove from the
Residence.
(G) Supply running water and reasonable amounts of hot water and heat, except in those cases where the heat or hot water is generated by
an installation within the exclusive control of Tenants and supplied by a direct utility connection.
Notify Tenants in writing of the specific grounds for any proposed adverse action. The notice of proposed adverse action shall inform
Tenants of their right, if any, to request a grievance hearing. The term “proposed adverse action” shall include but not be limited to: (a) a
proposed Lease termination; (b) a transfer of the Household to another unit; or (c) a request for payment of maintenance or excessive
utility consumption charges.
(I) Provide, at the Tenants’ request, reasonable accommodation of a disability of any Household Member.
13. OBLIGATIONS OF TENANTS, HOUSEHOLD MEMBERS AND GUESTS
In addition to their other obligations under the Lease, Tenants must comply with, and must cause Household Members and guests to
comply with, the following rules:
(A) Not to assign or sublease the Residence and to notify the SFHA when a Household Member vacates the Residence.
(B) Not to provide accommodations for boarders or lodgers.
(C) To use the Residence solely as a private dwelling for Household Members and not fora any other purpose, except when Tenants have
received the prior written consent of the SFHA to conduct a specific, lawful business.
To abide by the SFHA Housekeeping Rules and all other rules promulgated by the SFHA for the benefit and well being of the
Development and residents of the Development. Such rules, which may change from time to time, shall be posted on the Development
property or available at the Development office and are incorporated by reference in this Lease. To comply with all obligations imposed
by applicable building and housing codes affecting health and safety.
(E) To keep the Residence and other areas assigned to Tenants for their exclusive use in a clean and safe condition.
(F) To dispose of all garbage, rubbish, and other waste from the Residence in a sanitary and safe manner.
(G) To use only in a reasonable manner all electrical, plumbing, heating, sanitary, ventilating ‘and other facilities, including elevators.
(H) To refrain from destroying, defacing, damaging or removing any part of the Residence or the Development.
(I) To refrain from tampering with any gas, electric or other utility meter or line.
(J) To pay reasonable charges for the repair of damages (other than normal wear and tear) to the Residence or the Development, caused by
a Household Member or a guest.
(K) To act in a manner that will not disturb the other residents’ peaceful enjoyment of their accommodations, and will be conducive to
maintaining the Development in a decent, safe, and sanitary condition.
To assure that all Household Members, guests, or other persons under the Tenants’ control, shall not engage in: (1) any activity
that threatens the health, safety or the right to peaceful enjoyment of any of the premises of other residents or SFHA
employees; or (2) any drug-related criminal activity on or off SFHA property.
(M) Not to have pets or other animals except as specifically permitted by the SFHA Pet Policy and under this Lease.
(N) Not to have any illegal weapons, fireworks, explosives, combustible or other hazardous materials in or around the Development (see
Section 14 (FIREARMS PROHIBITION))
(OQ) Not to create or permit to exist any condition that results in risk to the health or safety of any person or damage to property.
(P) Not to make any repairs or alterations to the Residence, including changing locks, or installation of permanently affixed gates, window
bars, carpets or antenna, without the express written consent of the SFHA.
(Q) Not to have a water bed without prior written consent of the SFHA.
(R) Not to repair automobiles, motorcycles, other motor vehicles, or any other heavy machinery anywhere on the Development property.
(S) Not to drive or park motor vehicles on areas not specifically designated for driving or parking.
(T) To remove at Tenants’ expense from the Development, any unlicensed, unregistered, uninsured or inoperative motor vehicle owned by
any Household Member or guest. Tenants must remove said vehicle within three (3) days after notice by the SFHA.
(U) To assure that all Tenants, Household Members, guests, and other persons under the Tenants’ control, shall not trespass on or illegally
enter SFHA property, including but not limited to vacant units and areas under construction.
14, FIREARMS PROHIBITION
(A) Except when specifically authorized, the SFHA strictly prohibits firearms in the Residence, on the Development and on SFHA property.
Violation of this provision by any Household Member or guest shall constitute sufficient grounds for immediate Lease termination and
eviction. The term “firearm” is defined broadly and shall include but not be limited to: all pistols, revolvers, other handguns, rifles,
shotguns, automatic and semiautomatic guns, and any other instrument which expels a metallic, partly metallic, or other hard projectile,
including but not limited to BB guns, air guns and spring action guns.
Ownership, possession, transportation or use of a firearm shall be permitted on SFHA property only if each and every such firearm
meets each of the following requirements: (1) an adult (at least 18 years of age) Household Member legally purchased or took
possession of the firearm; (2) the firearm itself is in all respects legal; (3) the firearm is under the exclusive control of an adult Household
Member; (4) the firearm is stored in a secure and safe place that is reasonably inaccessible to children; and (5) the firearm is not used,
stored or handled in a criminal, illegal, reckless, careless or negligent manner.
15. DAMAGE TO RESIDENCE OR DEVELOPMENT
(A) Tenants shall immediately notify the SFHA of any damage to the Residence or the Development.
(B) If the Residence is damaged to the extent that conditions exist that are hazardous to life, health or safety of Household Members, then:
(1) Tenants shall immediately notify the SFHA of the damage; and (2) the SFHA shall repair the Residence within a reasonable time
(however, if a Household Member or guest caused the damage, then the cost of repairs shall be charged to Tenants).
The SFHA shall offer standard alternative accommodations, if available, when necessary repairs cannot be made within a reasonable
time. In the event that repairs are not made in a reasonable time and alternative housing is not available. then the SFHA shall discount
the Monthly Rent in proportion to the seriousness of the damage and loss of use of the Residence. No discount shall be made, however,
if either the Tenants rejected alternative accommodations or a Household Member or guest caused the damage.
16. TERMINATION BY TENANTS
Tenants may terminate this Lease by giving at least 30 days written notice to the SFHA. Tenants shall leave the Residence in as clean
and good condition as they received it at the start of their occupancy, reasonable wear and tear excepted, and return all keys to the
SFHA. All Household Members and other occupants shall completely vacate the Residence within the 30-day period
(B) Upon Lease termination, eviction by the SFHA, abandonment of the Residence, or transfer of the Household to another dwelling unit, any
personal property left at the Residence shall be stored for no more than 30 days. Tenants shall be responsible for moving and storage
charges. Property unclaimed after 30 days shall be deemed abandoned and the SFHA may dispose of it without liability
If, through any cause, any Tenant who has signed the Lease ceases to reside at the Residence, this Lease shall terminate. Remaining
Household Members may continue to occupy the Residence provided that a qualified and responsible remaining adult Household
Member enters a new lease agreement with the SFHA.

(F)

(H

(D)

(u

(B)

(Cc

(A)

(Cc

Gxlibe +1

‘San FRANCISCO HOUSING AUTHORITY LEASE -- PAGE 3 OF 4 ‘8.Man.o7. — 17. TERMINATION BY SFHA _

(A) The SFHA may terminate or refuse to renew this Lease for serious or repeated violations of material terms of the Lease, such as the
failure to make payments due or to fulfill the obligations set forth in this Lease, or for other good cause. Tenants who receive four (4)
notices of termination for failure to pay rent in one 12-month Period shall be subject to termination of the Lease (for habitual late rent).

{B) The SFHA shall give Tenants written notice of termination of the Lease, stating the grounds for the termination, and informing Tenants of

the right to make such reply as Tenants may wish. The notice shall also notify Tenants of their right to examine SFHA documents directly

relevant to the Lease termination, and their right to request a grievance hearing, if applicable. The length of the notice shall be as follows:

(1) Fourteen (14) days in the case of failure to pay rent.

(2) Three (3) days in the case of creation or maintenance of a threat to the health or safety of other residents or SFHA employees.
Grounds for termination under this provision include, but are not limited to, the following: (a) any activity that threatens the health,
safety or the right to peaceful enjoyment of any of the premises of other residents or SEHA employees; or (b) any drug-related
criminal activity on or off SFHA property.

Neither an arrest nor a criminal conviction is necessary to terminate the Lease and evict Tenants under the above provision. The SFHA

may, at its sole discretion, consider the circumstances of the case, including seriousness of the offense, the extent of Participation by

Household Members, and the effect the eviction would have on Household Members who did not engage in the prohibited activity. The

SFHA may, in its sole discretion, permit continued occupancy by non-offending Household Member(s) provided they agree that the

offending Household Member(s) shall not reside at or visit the Premises and shall not be invited or allowed upon the Development. The

SFHA has a policy of “zero tolerance” of illegal drug activity. The SFHA may, in its sole discretion, require a Household Member who

engaged in the illegal use of drugs to present evidence of successful completion of a satisfactory treatment program as a condition of

being allowed to reside at the Premises. This is not intended to be an exhaustive list and the SFHA reserves its right to impose other
conditions, terms and stipulations.

(3) Thirty (30) days notice in all other cases.

The receipt of monies by the SFHA from Tenants after notice of termination of Lease shall neither reinstate the Lease nor affect the

notice. If Tenants tender payments to the SFHA after service of a Lease termination notice, then the SFHA may deposit said payments

into an escrow account. By so depositing said payments, the SFHA shall not be deemed to have waived its right to terminate the Lease
or to prosecute and maintain an action to evict Tenants.
18. LEGAL NOTICES

(A) Notice to Tenants shall be in writing and delivered to any Tenant, or to any adult Household Member, or may be sent by first-class mail
properly addressed to Tenants.

(B) Notices to the SFHA shall be in writing, delivered to the Development office or the SFHA district office personally or sent by first-class.
mail properly addressed.

(C)

19. GRIEVANCE PROCEDURE

If the SFHA seeks to terminate the Lease or takes some other adverse action against the Household, Tenants may, in some instances,

be entitled to request a grievance hearing to contest the action. Tenants may also be entitled, in some instances, to a hearing to resolve

other disputes or grievances with the SFHA. The SFHA’s Grievance Procedures set forth what matters can be the subject of a grievance
hearing. The Grievance Procedures also set forth the process for requesting a hearing and the procedures to be followed during the
hearing. The Grievance Procedures are incorporated into the Lease by this reference and may be amended from time to time.

20. PROVISIONS FOR MODIFICATION

Any changes to this Lease shall be made by a written addendum, dated and signed by both Tenants and the SFHA, except for rent

changes as provided in Section 6 (RENT DETERMINATIONS AND MODIFICATIONS). _

(B) Documents incorporated into this Lease, such as the maintenance charge list, schedule of utility allowances, Grievance Procedures, Pet
Policy, Continued Occupancy Policy, transfer and rent policies, and any building or development rules or other regulations, may be
changed from time to time by the SFHA. The SFHA shall give 30 days notice prior to the effective date of any amendments to these
documents, setting forth the proposed changes and providing Tenants with an opportunity to make written comments. The SFHA shall
consider resident comments before the proposed changes become effective.

21. MISCELLANEOUS

(A) If any provision of this Lease is found to be void, unenforceable or illegal, then the remaining provisions shall remain in effect.

(B) Tenants are responsible for protecting and insuring their personal property. The SFHA's liability for loss, damage or injury is limited to
that imposed by law.

(C) Neither the SFHA nor any of its employees has made any representations other than those contained in this Lease.

(D) Tenants warrant that all statements and representations Tenants made in the application for SFHA housing are truthful. Tenants agree
that false statements or misrepresentations in the application or made during the rent review process (see Section 6) shall constitute
grounds for eviction.

(E) This Lease, any amendments hereto and all documents incorporated by reference constitute the entire agreement between the parties.

(F) In any legal action to enforce the Lease, each party shall bear its own attorneys’ fees. The prevailing party shall recover court costs.

(G) The SFHA's failure to insist in any one or more instance upon the strict observance of the terms of the Lease shall not be considered a
waiver of the SFHA’s right thereafter to enforce the provisions of the Lease. The SFHA shall not waive its rights to enforce the Lease
provisions unless it does so in writing, signed by an authorized agent of the SFHA.

22. SIGNATURES

BY SIGNING THIS LEASE, EACH TENANT CERTIFIES THAT:

41. Tenant has read, or has had this Lease explained or read to him or her, and that Tenant understands the Lease;

2. That all of the information that Tenant gave to the SFHA is true and correct; and

3. That Tenant shall occupy the Residence as Tenant's sole residence as of the Effective Date (see Section 1(C) for Effective Date).

Executed onthe 15th day of _MAY , 1998_.

(A

TENANT(S)

1
| SIGNATURE: on
lprint NAME:

| SIGNATURE: Y 9d | SO oO
| eau Name: +
I .

SAN FRANCISCO HOUSING AUTHORITY

By:
PRINT NAME:

‘SAN FRANCISCO HOUSING AUTHORITY LEAS!(30) THIRTY DAY NOTICE TO PERFORM CONDITION(S) AND/OR QUIT

NAME AND ADDRESS OF OWNER/ AGENT: -

San Francisco Housing Authority-Landlord 440 Turk Street San Francisco, California 94102 415-554-1200
NAME AND ADDRESS OF TENANT(S} IN POSSESSION AND TO ALL OTHER OCCUPANTS :

Beverly Johnson 1880 Sunnydale Avenue, San Francisco, CA

PLEASE TAKE NOTICE that you are in violation of the terms of the rental agreement of the above-described
premises, in that you have failed to comply with the following provisions:

Pursuant to paragraph four (A) of your signed Assisted Lease Agreement, entitled HOUSEHOLD MEMBERS "The Residence is
a private residence to be occupied only by Tenants and the following members of Tenant's household", namely, Beverly Johnson
as tenant(s) and NO household members. Pursuant to paragraph four (B) "The terms "Household" and Household Members"
shall mean only Tenants and the persons listed in Section 4(A) above, and Pursuant to paragraph four (C) "Household members
shall have the right to exclusive use and occupancy of the Residence in accordance with the terms of this Lease, including
reasonable accommodation of guests. The term "guest" means a person in the Residence with the consent of Tenants. However,
Tenants may not knowingly permit anyone other than a Household Member to use the Residence as an address or as a "mail
drop". Tenants may not permit anyone other than a Household Member to stay at the Residence for more than 14 days in a month
or 45 days in any 12-month period without the prior written permission of the SFHA. Tenants shall immediately (no later than 10
days after the occurrence) notify the SFHA in writing if any Household Member vacates or no longer resides at the Residence".
Pursuant to Paragraph thirteen “Tenants must comply with, and must cause Household Members and guests to comply with the
following rules: (A) Not to assign or sublease the Residence and to notify the SFHA when a Household Member vacates the
residence”. You have violated the lease covenant(s) by allowing Alex Bejarano to occupy the premises without consent or written
authorization from the SFHA. Further you charged him rent and did not report this income to SFHA. All changes in income
must be reported to SFHA as they affect your monthly rental.

You are required, within Thirty (30) days after service of this notice on you, to perform by removing the additional occupant(s)
and complying with the above stated conditions and/or OR QUIT AND DELIVER UP POSSESSION OF THE PREMISES.

YOU ARE FURTHER NOTIFIED THAT, the undersigned does hereby elect to declare the forfeiture of your rental
agreement under which you hold possession of the above-described premises and if you fail to perform or otherwise
comply, the lessor will institute legal proceedings to recover rent and possession of said premises which could result in
a judgment against you including costs, process server and attorney fees, together with treble damages as allowed by
law for such unlawful detention. The rent shall be due and payable to and including the date of termination of your
tenancy.

The Tenant has the right to make such reply as he or she wish to the reasons stated in this notice. Additionally, the Tenant has the
right to request a hearing in accordance with the SFHA Grievance Procedure. If the Tenant disputes the grounds for this action or
wishes to discuss this action, the Tenant must go to the development or district office within ten (10) working days after the date
this notice is served to present a grievance, either orally or in writing, and to arrange an informal hearing of the dispute. If the
Tenant is dissatisfied with the final results of the informal hearing, he or she may submit a written request for a formal Grievance
Hearing. The Tenant, upon reasonable request, has the right to examine any SFHA documents directly relevant to this termination
of the Lease and tenancy. The Tenant shall be allowed to copy any such document at the Tenant's expense.

Failure to file a grievance within ten (10) days and/or failure to surrender possession of the above-described Premises within thirty
(30) days of the date of this notice may result in an eviction action filed in Court against you.

The premises described above are exempt from the San Francisco Residential Rent Stabilization and Arbitration Ordinance as that
term is defined, in that, the premises rents are controlled by a government agency, and are "subsidized" by (Housing and

Urban Development).
f
DATED: 9/28/2005 CLO
Arnold W. Evje Il-Attorney for Owner
950 Oak Street, S.F., CA 94117 (415)861-6070 - Phone

qeivit 2Oo OI Dn PB WwW YY we

53 a BER BRE S

19

21

8

BN RB

ATTACHMENT 15

Plaintiff alleges that it is a public agency and,
therefore, exempt from the requirement that the Unlawful
Detainer Complaint be verified. Code of Civil Procedure
Section 446(a).

Plaintiff further alleges that as a public agency, it
is exempt from the Court filing requirements.

Plaintiff further alleges that the premises described
above are exempt from the San Francisco Residential Rent
Stabilization and Arbitration Ordinance as that term is
defined, in that, the premises rents are controlled by a
government agency, and are "subsidized" by HUD (Housing and

Urban Development) .