Miscellaneous: SAN FRANCISCO HOUSING AUTHORITY VS. TERRLYN ALBERT et al

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San Francisco Superior Courts
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Mar-23-2005 8:38 am

Case Number: CUD-05-613658
Filing Date: Mar-23-2005 8:33
Juke Box: 001 Image: 01163191
COMPLAINT

SAN FRANCISCO HOUSING AUTHORITY VS. TERRLYN ALBERT et al

001001163191

Instructions:
Please place this sheet on top of the document to be scanned.UD-100

FOR COURT USE ONLY
Sou

ampere WE e ll Biate’ Bar ¥ ROSSTSSS
__ Arnold W. Evye II, Esq.

950 Oak Street
San Francisco , California 94117 ane : ISSO
TeLePHione No:(415) 861-6070 —— Faxno. (optonay: (415) 861-6073 cour 36
E-MAIL ADDRESS (Optiona): 8
ATTORNEY FOR (Name) San Francisco Housing Authority 05] HAR 23
SUPERIOR COURT OF CALIFORNIA, COUNTY oF SAN FRANCISCO GORPON PARK > El SLERK

street aporess:400 Mc Allister Street
manic aooress:400 McAllister Street

erry ao zp cove:San Francisco 94102 WANN MORAN
orancu nawe-Superior Court - Limited Jurisdiction MARS

PLAINTIFF: San Francisco Housing Authority

DEFENDANT: Terrlyn Albert and Does 1-10

DOES 1TO_10_
COMPLAINT — UNLAWFUL DETAINER* “Ci 0 5 613658
(2 comecaint [| AMENDED COMPLAINT (Amendment Number):

Jurisdiction (check all that apply):
(Gq ACTION IS A LIMITED CIVIL CASE
Amount demanded [X] does not exceed $10,000
[1] exceeds $10,000 but does not exceed $25,000
(C1 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):

[1 from uniawful detainer to general unlimited civil (possession not in issue) [] from limited to unlimited
[) from unlawful detainer to general limited civil (possession not in issue) (1 from unlimited to limited

Limited Civil Case

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

alleges causes of action against DEFENDANT (name each): Terrlyn Albert and Does 1-10

2. a. Plaintiffis (1) (©) an individual over the age of 18 years. (4) C4 a partnership.
(2) Cx] a public agency. (5) _] a corporation.
(3) [1 other (specify):

pb. CI 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):
755 Missouri Street, San. Francisco, 94107,

4, Plaintiff's interest in the premises is [Xx_] as owner [1 other (specify):

5. The true names and capacities of defendants sued as Does are unknown to plaintiff.
6. a. Onorabout (date): 1/1/2005 _—_ defendant (name each): George Handras and Does 1-10

Prot to
(1) agreed to rent the premises as a [3] month-to-month tenancy [7] other tenancy (specify):
(2) agreed to pay rent of $258.00 payable [X] monthly [_] other (specify frequency):

(3) agreed to pay rent on the first of the month [—_] other day (specify):
b. This [XJ written [_] oral agreement was made with

(1) (J plaintiff. (3) [) plaintiff's predecessor in interest.
(2) BC) plaintiff's agent. (4) [J other (specify):
* NOTE: Do not use this form for evictions after sale (Code Civ. Proc., § 11614). page 1 of 3
om ree oor COMPLAINT—UNLAWFUL DETAINER cae cv Pa oe
www. courtinfo.ca. gov

D-100 [Rev. January 1, 2005]

LexisNexis® Automated Califomia Judicial Council Formsee (wame): San Francisco Hotsing Authority —-SENUMBER
Di

EFENDANT(Name): Terrlyn Albert and Does 1-10

6. c. LX] The defendants not named in item 6a are
(1) [KX] subtenants.

(2) [3X] assignees.
(3) De] other (specify): unapproved occupants in possession

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

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

7. CX a. Defendant (name each): Terrlyn Albert and Does 1-10

was served the following notice on the same date and in the same manner:

(1) [_] 3-day notice to pay rent or quit (4) [] 3-day notice to perform covenants or quit
(2) [-_] 30-day notice to quit (5) Gx] 3-day notice to quit
(3) [] 60-day notice to quit (6) [_] Other (specify):
b. (1) On (date): March 1, 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.
c. All facts stated in the notice are true.
The notice included an election of forfeiture.

A copy of 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) ina 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. The notice in item 7a was served on the defendant named in item 7a as follows:
(1) 1 by personally handing a copy to defendant on (date): March 4, 2005
(2) [£1] by leaving a copy with (name or description): , a person
of suitable age and discretion, on (date): atdefendant's [[_] 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): [1 AND giving a copy to a person found
residing at the premises AND mailing a copy to defendant at the premises on (date):
(a) (J because defendant's residence and usual place of business cannot be ascertained OR
(b) [_] because no person of suitable age or discretion can be found there.
(4) [] Wot 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.
b. [-] (Name): was served on behalf of all defendants who signed a joint
written rental agreement.
c. [] Information about service of notice on the defendants alleged in item 7f is stated in Attachment 8c.
a. C1 Proof of service of the notice in item 7a is attached and labeled Exhibit 3.

9. [__] 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 $
11, LJ the fair rental value of the premises is $ per day.

UD-100 [Rev. January 1, 2005)

COMPLAINT—UNLAWFUL DETAINER Page 20f3

LexisNexis ® Automated California Judicial Council FormsPLAINTIFF (Name):San Francisco Hoterig Authority [~ NUMBER:
DEFENDANT (Name): Terrlyn Albert and Does 1-10

12. (] 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. [] 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.
16. Plaintiff accepts the jurisdictional limit, if any, of the court.
17. PLAINTIFF REQUESTS

a. possession of the premises. f. (2) damages at the rate stated in item 11 from

b. costs incurred in this proceeding: (date:) for each day that

c. [] past-due rent of $ defendants remain in possession through entry of judgment.
d, [_] reasonable attorney fees. g. [_] statutory damages up to $600 for the conduct alleged in

e. forfeiture of the agreement. item 12.

other (specify): such other and further relief as the
court deems proper

Number of pages attached speci 7

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

19. (Complete in all cases.) An unlawful detainer assistant [Xx] didnot [] 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.:
c. Expires on (date):
Date:March 21, 2005
Amold W. Evje Il >
(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.)

1am 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: March 21, 2005

San Francisco Housing Authority »

(TYPE OR PRINT NAME)

{SIGNATURE OF PLAINTIFF )

{D-T00 Rev. January 2005) COMPLAINT—UNLAWFUL DETAINER Faye $oF3

LexisNexis® Automated California Judicial Council FormsIMPORTANT LEGAL NOTICE - DO NOT DISREGARD
THREE- DAY NOTICE TO VACATE PREMISES

PLEASE DISREGARD ALL PRIOR NOTICES
THIS NOTICE SUPERCEDES AND RESCINDS ALL PRIOR NOTICES

TO: Terrlyn Albert

(“Tenant(s)”) and all other persons residing at the following location:
755 Missouri Street, San Francisco, CA (“Premises”)

This notice is given pursuant to the written lease agreement (“Lease”) between the undersigned
Housing Authority of the City and County of San Francisco (“SFHA”) and the tenant, pursuant to
the Lease, you now hold possession of the dwelling unit described above (“Premises”).

YOU ARE HEREBY NOTIFIED that the SFHA has elected to terminate the Lease and your
tenancy of the Premises at the end of three (3) days from the date you receive this notice, for the
following reasons:

The Tenant, a member of the Tenant’s household, a guest or another person under the
Tenant’s control has engaged in the following lease violations:

On December 24, 2004, a San Francisco Police Department Officer observed Ronell
Brembry in a suspected drug transaction in the 700 Block of Missouri Street, San
Francisco, CA., When Brembry was detained by the police, he told them that he lived at
755 Missouri Street, San Francisco, CA., which is your residence. He is not listed as a
Household Member on your San Francisco Housing Authority (SFHA) Dwelling Lease
nor has SFHA given approval for him to live there. At that time and place police found
four cocaine rocks under a towel on top of a table located directly in front of your
residence and Brembry had been observed to walk there during the suspected drug
transaction. He told the police that he lived at your residence and when officers
conducted a parole search there at that time, they found indicia in his bedroom that he
did indeed live there. He was arrested for sale of cocaine base and possession for sale of
cocaine base. You are hereby notified that you are in violation of Paragraph 13 (L) of
your lease agreement with the San Francisco Housing Authority which states “To assure
that all Household Members, guests, or other persons under the Tenant’s 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. “

The conduct described above constitutes a serious violation of a material term of the Lease and
good cause for eviction from the Premises.

YOU ARE HEREBY REQUIRED TO QUIT AND SURRENDER POSSESSION OF THE
PREMISES WITHIN THREE (3) DAYS AFTER SERVICE OF THIS NOTICE ON YOU. You
may make such reply to this notice as you wish. HOWEVER, YOU ARE NOT ENTITLED TO A
GRIEVANCE HEARING BEFORE THE SFHA TO CONTEST THIS NOTICE TO VACATE.
A termination of a Lease for the reasons stated in this notice is exempt from the SFHA Grievance

Procedures.
\
Fy enw 2”If you do not quit possession of the Premises within the three days of service of this notice, then
the SFHA shall sue you in the San Francisco Superior Court to evict you from the Premises. The
SFHA’s lawsuit to evict you shall be based on California’s “unlawful detainer” statute.
(California Code of Civil Procedure section 1161.) The United States Department of Housing and
Urban Development has determined that California’s eviction law provides the opportunity for a
hearing in a court that provides the basic elements of due process protection. The SFHA shall also
seek to declare forfeiture of the Lease and to recover court costs and actual damages for your
unlawful detention of the Premises (the actual cost to the SFHA of operating and maintaining the
Premises), which may be more than the current rent charged.

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.

The Premises described above are federally subsidized and therefore exempt from the San
Francisco Residential Rent Stabilization & Arbitration Ordinance. Rent is due and payable
through the jiJos of the Notice to Quit.

Dated: 3/I 05

we CRO

Amold W. Evje II, Attorney foi
950 Oak Street, San Francisco, CA, 94117 (415) 861-6070SANF __ «CISCO HOUSING AUTHORITY DWEL._ -LEASE
4. LEASE SUMMARY

eSex 2h Date of Birth | Social Security Number
MO | F RK| 97-27-64 558 08 0709
mo |FoO ~
MoO |FoO =~
Address of Residence: ee

755 MISSOURT ST.
‘Account Number: 891536

POTRERQ_ANNEX. [UnigNumber__ 080085

i
San Francisco, CA 941_07

(C) e® Effective Da ‘& Amounts cee
I 01-04 _,199__ [Initial Payments $ [Monthiy Rent 249.00
The first day of each calendar month _| Security Deposit. $ N/A [iPetDeposit $

2. PARTIES

This lease agreement ("Lease") is between the San Francisco Housing Authority (“SFHA") and the tenant or tenants listed in Section 1(A)
(‘Tenants’). Each of the Tenants is individually, jointly and severally responsible for performance of all obligations under this Lease,
including payment of rent. \

3. PREMISES, LEASE TERM AND RENEWAL
Under the Lease, the SFHA shall rent to Tenants the dwelling unit described in Section 1(B) above (“Residence”). The Residence is
located in a federally funded public housing development (‘Development’) owned by the SFHA. The Lease shall be for a period of one
calendar month, and shall be automatically renewed each month, unless terminated by the SFHA or Tenants pursuant to this Lease.
4, HOUSEHOLD MEMBERS

Date of Birth &
FO |10-09-87 SON 7167-2093
DAUGHTER 621 ~24~ 1956

TERI LOVE : Mo

ton she dtothis tease i

(B) The terms “Household” and “Household Members” shall mean only Tenants and the persons listed in Section 4(A) above.

(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 Memier to stay at the Residence for more than 14 days in any 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.

If Tenants want to add a Household Member (excluding natural births), that person must first meet all applicable eligibility and screening

requirements. Thé SFHA shall make reasonable efforts to accommodate additional eligible persons to the Household except where the

addition would result in overcrowding of the Residence. The Household, however, shall not be entitled to any priority or preference with

Tegard to transfer to a new dwelling unit based on a change in the size of the Household.

If a Household Member qualifies to have a live-in aide, the aide shall have no tenancy tights must first meet all applicable screening

requirements. The aide may live at the Residence only so long as the Household Member qualifies for the aide’s necessary services.

5. RENT

The Initial Payment (Section 1(C) above) shall be for rent for the period beginning on the Effective Date and ending at 41:59 p.m. on the

last day of that calendar month. The Initial Payment is due at the time Tenants sign the Lease. Thereafter, monthly rent in the amount

listed in Section 1(C) above (“Monthly Rent’) shall be due and payable in advance on the first day of each calendar month. Tenants shall
participate in a direct payment program if requested to do so by the SFHA or their benefit provider. The Monthly Rent is subject to change
pursuant to the procedure set forth in Section 6 (RENT DETERMINATIONS AND MODIFICATIONS).

(B) Should Tenants fail to pay Monthly Rent by the fifth day after it is due, then Tenants shall be liable for an administrative late charge in the
amount of fifteen dollars ($15), which shall be due and payable 14 days after SFHA gives written notice of said charge.

(C) The SFHA shall apply all moneys received from Tenants to the oldest amount due on the Tenants’ account. All amounts due the SFHA
under the Lease and all payments made by Tenants pursuant to the Lease shall be listed on the Tenants’ account.

(D) Tenants shall pay rent to the SFHA by personal check, certified check, or money order, The SFHA may require payment by certified
check or money order if Tenants’ bank has returned one or more personal checks unpaid within the last 12 months. The SFHA may
impose a service charge to cover charges imposed for returned checks. The SFHA shall not accept personal checks for past-due rent.

(E) Tenants shall be liable for rent through the date that all Household Members vacate the Residence, provided that Tenants have given at
least 30 days written notice to the SFHA of their intent to vacate. In the absence of such notice, Tenants shall be liable for rent for 30
days after the date that the SFHA actually learns that all Household Members have vacated the Residence.

(F) Ifthe SFHA transfers the Household to another SFHA dwelling unit, any charges or credits due on the Tenants’ account shall be

transferred.to the account for the new unit. Any amounts owed by Tenants to the SFHA prior to the execution of this Lease shall be
deemed due under this Lease.

(0

(E)

(A)

6. RENT DETERMINATIONS AND MODIFICATIONS

{A) All rent and unit size determinations and rent adjustments (including utility allowances) shall be made in accordance with applicable
federal regulations and SFHA policies, which are available at SFHA offices. The SFHA shall re-examine the status of each Household at
least once every 12 months. | .

(B) Tenants shall, when requested to do so by the SFHA, furnish complete and accurate information as to: (1) Household composition
{including full name, sex, social security number, and date of birth for each Household Member); (2) each Household Member's income
amount, the source of that income, and the place of employment; and (3) any other information requested by the SFHA to make
determinations with respect to Monthly Rent, continued eligibility, accessibility needs, and appropriate dwelling unit size. Failure to
provide such information shall constitute a serious violation of the Lease and grounds for eviction.

(C) Tenants shall promptly report changes in Household circumstances (such as change in income, assets or family composition) as required
by the Continued Occupancy Policy. The current Continued Occupancy Policy is available at the Development office or from the SFHA.

{D) Tenants shall comply with reasonable requests for verification by signing releases for third-party sources of information to enable the
SFHA to verify this information, presenting documents for review, or providing other suitable forms of verification. The SFHA shall treat
this information as confidential.

SAN FRANCISCO HOUSING AUTHORITY LEASE ~ PAGE 1 OF 4 = SOMART(E) If Tenants claim that a Household Mer. __, has vacated the Residence, then the SFHA1.__ equire Tenants to submit satisfactory proof
that the Household Member no longer lives at the Residence.

(F) The SFHA shall have the right to demand that Tenants submit to an interim rent review if the SFHA has cause to believe that a change in
the Monthly Rent is appropriate. Tenants may make reasonable requests for an interim rent review at any time.

(G) Ifthe SFHA increases the Monthly Rent pursuant to a rent review, then the new Monthly Rent shall be effective on the first day of the
second month following the completion of the review. If Tenants delay in providing information that justifies a rent increase, then the
SFHA may make the increase retroactive to the Tenants’ annual review date or the date that the increase should have occurred,
whichever is earlier.

(H) Ifthe SFHA decreases the Monthly Rent pursuant to the review, then the revised Monthly Rent shall be effective on the first day of the
month following the combietion of the review.

. 7. DEPOSITS

(A) Ator before move-in, Tenants shall pay an amount equal to the Monthly Rent or $50, whichever greater, as a security deposit.

(B) The SFHA may use the security deposit at the termination of the Lease for any purpose permitted by California law. The SFHA shall
return the security deposit to 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 ofthe 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) Ifthe 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) Ifthe 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.

(D) 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.

(E) 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.
40. INSPECTIONS AND ENTRIES

(A) 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.

_(D) 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.

(E) 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.

(F) 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.

(G) 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.

(H) 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.

(l) 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

(F)

41. 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 (e.g.,
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.
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 trarisferring 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.

42. SFHA OBLIGATIONS AND RESPONSIBILITIES

(A)

6

The SFHA shall:
(A) Maintain the Residence and the Development in a decent, safe, and sanitary condition.
(B) Comply with applicable building and housing codes and federal regulations materially affecting health and safety.
(C) Make necessary repairs to the Residence.
(D) Keep Development buildings, facilities and common areas in aclean and safe condition.

‘SAN FRANCISCO HOUSING AUTHORITY LEASE ~ PAGE 2 oF4 = seManerh

(E) Maintain in good and safe working orde_and condition electrical, plumbing, sanitary, heauny, ventilating, and other facilities and
appliances, including elevators, supplied or required to be supplied by the SFHA.

(F) 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. ™

(H) 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.
() Provide, at the Tenants’ request, reasonable accommodation of a disability of any Household Member.
43. 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 for any other purpose, except when Tenants have
received the prior written consent,of the SFHA to conduct a specific, lawful business.

(D) 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, shail 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.

(L) 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))

{O) Not to create or permit to exist any condition that results in risk to the health or safety of any person or damage to property.

(P) Not to make any repairs or alterations to the Residence, including 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.

44, 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.

45. DAMAGE TO RESIDENCE OR DEVELOPMENT

(A) Tenants shall immediately notify the SFHA of any damage to the Residence or the Development.

(B) Ifthe 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 ail 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.

(B

(C.

(A

(C)

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(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 tent).

(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 gase 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 SFHA 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.

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.

(Cc

(B)

419. 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

. (A) 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.

24. 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:

4. 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).

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TENANT(S)

SAN FRANCISCO HOUSING AUTHORITY

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