Preview
LIHTC Lease
Victory Gardens
PARTIES AND DWELLING UNIT:
The parties to this Agreement are Victory Gardens LLC, referred to as the Landlord and Heriberto
Ayala referred to as the Tenant, The Landlord leases to the Tenant and the Tenant leases from the
Landlord unit _45-C___, located at 45 Victory Way Unit C, Newington CT 06111. The unit shall be
the Tenant’s only residence.
The following furniture and appliances are included in rent: Stove and refrigerator
Any furniture and appliances included in rent are the property of the Owner and shall remain in the unit
if Tenant or Landlord terminates tenancy.
LENGTH OF TIME (TERM):
The initial term of this Agreement shall begin on _06/01/2022 and end on _5/31/2023 . After the
initial term ends, the Agreement will continue for successive term of one year each, unless terminated as
permitted by paragraph 23 of this Agreement. In no case can a successive term go beyond the Housing
Assistance Payments contract (“HAP Contract”) for this facility.
3. RENT:
The Contract Rent for this unit is $1411.00
Tenant agrees to pay his/her share of the Contract Rent in the amount of $_1195.00_ per month which
is the Contract Rent less any Tenant Assistance Payments indicated below. This amount is due without
notice or demand on the first (1) day of the calendar month at 50 Vietory Way, Newington CT 06111
Office. Tenant will receive the following subsidy considered a Tenant Assistance Payment:
(Check applicable paragraph below)
__ Tenant Assistance Payments in the amount of $0.00 being received by the landlord for your
apartment through a Section 8 Voucher (tenant-based), provided through the U.S. Department of
Housing and Urban Development, and administered by Hartford Housing Authority, herein
referred to as the Contract Administrator.
Tenant Assistance Payments in the amount of $0.00 are being received for your apartment through
a Section 8 Voucher (project-based), provided through the U.S. Department of Housing and
Urban Development, and administered by HUD, herein referred to as the Contract Administrator.
Tenant Assistance Payments in the amount of $_ are being provided for your apartment
by Victory Gardens LLC as part of funding provided by the Low-Income Housing Tax Credit
Program administered by the Connecticut Housing Finance Authority (CHFA).
Xx Other Tenant Assistance Payments in the amount of $__216.00 are being received by the
landlord from (source: _ JD Amelia i
CHANGES IN THE TENANT’S SHARE OF THE RENT:
The Tenant agrees that the amount of rent the Tenant pays and/or the amount of assistance that any
applicable subsidy provider pays on behalf of the Tenant (if applicable) may be changed during the term
of this Agreement if:
a. an agency providing Housing Assistance Payments (HAP Agency) determines in accordance
with the agency’s regulatory procedures that an increase in rents is needed.
the Connecticut Housing Finance Authority (CHFA), which has provided funding to the
development, determines in accordance with the agency’s regulatory procedures that an increase
in rents is needed.
the income, the number of persons in the Tenant’s household or other factor(s) considered in
calculating the Tenant’s Rent change and CHFA and/or Contract Administrator procedures
provide that the Tenant's rent or assistance payment (if applicable) be adjusted to reflect the
change;
changes in the Tenant’s rent or assistance payment are required by CHFA’s / the Contract
Administrator’s recertification or subsidy termination procedures;
CHFA’s / The Contract Administrator’s procedures for computing the Tenant’s assistance
payment (if applicable) or rent change; or
the Tenant fails to provide information on Tenant’s income, family composition, or other factors
as required by the Landlord or Contract Administrator.
The Landlord agrees to implement changes in the Tenant’s rent or tenant assistance payment (if
applicable) only in accordance with the time frames and administrative procedures set forth in CHFA’s
/ the Contract Administrators handbooks, instructions and regulations related to administration of
multifamily subsidy programs. The Landlord agrees to give the Tenant at least 30 days advance written
notice of any increase in the Tenant’s rent except as noted in paragraphs 11, 15 or 17.. The Notice will
state the new amount the Tenant is required to pay, the date the new amount is effective, and the reasons
for the change in rent. The Notice will also advise the Tenant that he/she may meet with the Landlord to
discuss the rent change.
CHARGES FOR LATE PAYMENTS AND RETURNED CHECKS:
If the Tenant does not pay the full amount of the rent shown in paragraph 3 by the end of the 10" day of
the calendar month, the Landlord may collect a fee of $25.00 on the 11'" day of the calendar month.
Landlord may begin eviction proceedings if Tenant does not pay these fees within 30 days of a demand
for payment, subject to applicable Contract Administrator guidelines.
The Landlord may collect a fee of $25.00 any time a check is not honored for payment (bounces). The
charges discussed in this paragraph are in addition to the regular monthly rent payable by the Tenant. If
a check is not honored for payment, the rent will also be considered late and a late fee will be assessed,
CONDITION OF DWELLING UNIT:
By signing this Agreement, the Tenant agrees that the unit is safe, clean and in good condition. The
Tenant agrees that all Appliances and equipment in the unit are in good working order, except as
described on the Unit Inspection Report which is Attachment No. 2 to this Agreement. The Tenant also
agrees that the Landlord has made no promises to decorate, alter, repair or improve the unit, except as
listed on the Unit Inspection Report.
CHARGES FOR UTILITIES AND SERVICES:
The following charts describe how the cost of utilities and services related to occupancy of the unit will
be paid. The Tenant agrees that these charts accurately describe the utilities and services paid by the
Landlord and those paid by the Tenant.
a. The tenant must pay for the utilities in column (1). Payments should be made directly to the
appropriate utility company. The items in column (2) are included in the Tenant’s rent.
(1) (2)
Put an “X” by any Put an “X” by any
Utility Tenant Type of Utility Included
pays directly Utility in Tenant Rent
Heat x
Lights, Electric xX
Cooking ———
Water xX
Other (Specify)
b. The Tenant agrees to pay the Landlord the amount shown in column (3) on the date the rent is
due. The Landlord certifies that Friendship House L.P has authorized him/her to collect the type
of charges shown in column (3) and that the amounts shown in column (3) do not exceed the
amounts authorized by Low Income Housing Tax Credit Program..
G)
Show $ Amount Tenant
Pays to Landlord in
Addition to Rent
Parking $__None
Other (Specify)
$
es $a
SECURITY DEPOSITS:
The Tenant has deposited $ 1411.00 with the Landlord. The Landlord will hold this security
deposit for the period the Tenant occupies the unit. After the Tenant has moved from the unit, the
Landlord will determine whether the Tenant is eligible for a refund of any or all the security deposit.
The amount of the refund will be determined in accordance with Contract Administrator guidelines, and
vith the following conditions:
* The security deposit has been paid by
a. After the Tenant has moved from the unit, the Landlord will inspect the unit and complete another
Unit Inspection Report. The Landlord will permit the Tenant to participate in the inspection, if the
Tenant so requests. Landlord will comply with any Contract Administrator inspection requirements.
The Owner will pay the Tenant annually the interest, computed at 0.08%, beginning the date of
receipt, on the security deposit. The Landlord will refund to the Tenant the amount of the security
plus unpaid interest less any amount needed to pay the cost of:
(1) unpaid rent;
Q) damages that are not due to normal wear and tear and are not listed on the Unit
Inspection Report;
(3) charges for late payment of rent and returned checks, as described in paragraph 5;
(4) charges for unreturned keys, as described in paragraph 9; and
(5) any other damages allowed by law.
The Landlord agrees to refund the amount computed in paragraph 8c within the time required by law after the
Tenant has permanently moved out of the unit, returned possession of the unit to the Landlord, and provided the
Landlord with written notice of an address to which the security deposit, minus applicable deductions, should be
sent. The Landlord will also give the Tenant a written list of charges. If the Tenant disagrees with the Landlord
concerning the amounts deducted and asks to meet with the Landlord, the Landlord agrees to meet with the
Tenant and informally discuss the disputed charges. In the event that the Contract Administrator or other
funding agency pays the security deposit on behalf
of the tenant, interest will be paid to, and any applicable
refund distributed to, that source.
KEYS AND LOCKS:
The Tenant agrees not to install additional or different locks or gates on any doors or windows of the
unit without the written permission of the Landlord. If the Landlord approves the Tenant’s request to
install such locks, the Tenant agrees to provide the Landlord with a key for each lock. When this
Agreement ends, the Tenant agrees that the locks remain and agrees to return all keys to the dwelling
unit to the Landlord. For each key not returned, the Landlord may charge the Tenant the cost of
replacing each lock.
10. MAINTENANCE:
The Landlord agrees to:
(1) regularly clean all common areas of the project;
(2) maintain the common areas and facilities in a safe condition;
(3) arrange for collection and removal of trash and garbage;
(4) maintain all equipment and appliances in safe and working order;
(5) make necessary repairs with reasonable promptness;
(6) maintain exterior lighting in good working order;
(7) provide extermination services, as necessary; and
(8) maintain grounds and shrubs.
The Tenant agrees to:
() keep the unit clean, in accordance with housekeeping standards which do not threaten the
health or safety of any Tenants, or pose a threat for vermin infestation of any apartment;
(2) use all appliances, fixtures and equipment in a reasonable manner and only for the
purposes for which they are intended:
(3) not litter the grounds or common areas of the project, and to remove litter in the
immediate area adjacent to the Tenant’s unit;
(4) not destroy, deface, damage or remove any part of the unit, common areas, or project
grounds;
(5) not to store personal property on the exterior of buildings;
(6) not to waste utilities furnished by the Owner;
(7) give the Landlord prompt notice of any defects in the plumbing, fixtures,
appliances, heating and cooling equipment or any other part of the unit or related
facilities;
(8) remove garbage and other waste from the unit in a clean and safe manner, separated and
packaged according to any recycling requirements; and
(9) to honor the fact that there is severely limited parking for vehicles and Tenant may not
have a space. Ifa space is available, Tenant will register with the Landlord the valid and
current Connecticut registration number of the vehicle to occupy a parking space, if
available and permitted by the Landlord. Landlord is not responsible for any damages to
any vehicle parked on the premises and any vehicle unregistered with the State of
Connecticut and the Landlord may be towed without notice. The right to park a car on the
premises pursuant to this paragraph does not constitute a lease of space but a license to
use a space. Tenant must notify Owner of any changes.
(10) comply with all of a tenant’s obligations under any state landlord and tenant act.
11 DAMAGES:
Whenever damage is caused by carelessness, misuse, or neglect on the part of the Tenant, his/her family
or visitors, the Tenant agrees to pay:
a. the cost of all repairs and do so within 30 days after receipt of the Landlord’s demand
for the repair charges; and
rent for the period the unit is damaged whether or not the unit is habitable. The
Tenant understands that J. D’ Amelia will not make assistance payments (if applicable) for any
period in which unit is not habitable. For any such period, the Tenant agrees to pay the -
approved market rent rather than the Tenant rent shown in paragraph 3 of this agreement.
12 RESTRICTIONS ON ALTERATIONS:
No alteration, addition, or improvements shall be made in or to the premises without the prior consent of
the Landlord in writing. The Landlord agrees to provide reasonable accommodation to an otherwise
eligible Tenant’s disability, including making changes to rules, policies, or procedures, and making and
paying for structural alterations to a unit or common areas. The Landlord is not required to provide
accommodations that constitute a fundamental alteration to the Landlord’s program or which would
pose a substantial financial and administrative hardship. See the regulations at 24 CFR Part 8. In
addition, if a requested structural modification does pose a substantial financial and administrative
hardship, the Landlord must then allow the tenant to make and pay for the modification in accordance
with the Fair Housing Act.
13. GENERAL RESTRICTIONS;
The Tenant must live in the unit and the unit must be the Tenant’s only place of residence. The Tenant
shall use the premises only as a private dwelling for himself/herself and the individuals listed on the
Certification and Recertification of Tenant eligibility. The Tenant agrees to permit other individuals to
reside in the unit only after obtaining the prior written approval of the Landlord. The Tenant agrees not
to:
a sublet or assign the unit, or any part of the unit;
b. use the unit for unlawful purposes;
engage in or permit unlawful activities in the unit, in the common areas, or on the project
grounds;
have pets or animals of any kind in the unit without the prior written permission of the Landlord,
but the Landlord will allow the Tenant to keep an animal needed as a reasonable accommodation
to the Tenant’s disability, and will allow animals to accompany visitors with disabilities who
need such animals as an accommodation to their disabilities; or
make or permit noises or acts that will disturb the rights or comfort of neighbors. The Tenant
agrees to keep the volume of any radio, phonograph, television or musical instrument at a level
which will not disturb the neighbors.
To neither possess nor permit any firearm on the premises of the aforementioned facility at any
time, unless it is required by the Resident's work and unless it is a registered firearm and unless
the person owning, carrying or otherwise in control of the firearm has a valid carrying permit; to
file with Landlord/Agent a copy of the registration/carrying permit and a letter from employer
prior to the time that the firearm is brought onto the premises; also to neither bring nor permit
any firearm on the premises that does not require registration; agrees also that such possession
of a firearm, unless registered with the Landlord/Agent as specified above, constitutes grounds
for termination of this Lease; and
g To permit no live-in aide to reside in the unit without the written approval of the
Landlord/Agent. The Landlord/Agent shall not approve a live-in aide for the Resident unless:
(a) Agent verifies that the Resident requires the services of a live-in aide or attendant as
determined by the Resident's health care provider; and
() Agent verifies that the person providing live-in aide services qualifies as a live-in aide or
attendant as defined by the Resident's health care provider; and
(c) The Resident provides the Landlord/Agent with a Lease Addendum for Live- in Aide to
be attached to this Lease and signed by the Resident and Live-in Aide/Attendant.
To permit no guest or visitor to stay in the unit in violation of the guest policies which are found
in the House Rules (Attachment No. 3 to this Agreement).
allow or permit any of the foregoing by any member of your household, a guest or another
person under your control.
14. RULES:
The Tenant agrees to obey the House Rules which are Attachment No 3 to this Agreement. The Tenant
agrees to obey additional rules established after the effective date of this Agreement ift
a. the rules are reasonably related to the safety, care and cleanliness of the building and the
safety, comfort, and convenience of the Tenants; and
b the Tenant receives written notice of the proposed rule at least 30 days before the rule is
enforced.
15. CERTIFICATION AND RECERTIFICATION REQUIREMENT FOR 100% QUALIFIED
UNITS
In accordance with Section 42 of the Internal Revenue Code of 1986, as amended (“the Code”), which
governs Low-Income Housing Tax Credits (LIHTC), any individual(s) or families renting these units are
required to have annual income not in excess of 25% 50% X.60% (check one) of area median
gross income as adjusted for family size, and their gross rent shall not be in excess of thirty percent
(30%) of the imputed income limitation applicable to the unit. Accordingly, each tenant of a Qualified
Unit must certify and annually recertify to their family income and family composition to maintain their
eligibility for the lower rents which are based on incomes and number of persons in the household.
Reporting your family income and composition annually is important as part of establishing your
eligibility to remain in the Qualified Unit as required by the Code and the Treasury regulations
promulgated there under.
If you do not supply accurate information on your household’s income and family composition that we
will require on forms provided to you, we may impose penalties in accordance with the Code and
Connecticut Housing Finance Authority procedures, which may require you to pay the maximum market
rate rent approved for the apartment.
Every year no later than the 10" day of the 11" month of the Lease, the Landlord will request the
Tenant to report the income and composition of the Tenant’s household and to supply any other
information required by CHFA or the Contract Administrator for the purposes of determining the
Tenant’s rent and assistance payment, if any. The Tenant agrees to provide accurate statements of this
information and to do so by the date specified in the Landlord’s request. The Landlord will verify the
information supplied by the Tenant and use the verified information to recalculate the amount of the
Tenant’s rent and assistance payment, if any.
a. If the Tenant does not submit the required recertification information by the date specified in the
Landlord’s request, the Landlord may impose the penalties listed hereunder. The Landlord may
implement these penalties only in accordance with the administrative procedures and time frames
specified in CHFA’s / Contract Administrator’s regulations, handbooks and instructions related
to the administration of multifamily subsidy programs.
qd) Require the Tenant to pay the higher, approved market rent for the unit.
(2) Implement any increase in rent resulting from the recertification processing without
providing the 30-day notice otherwise required by paragraph 4 of this Agreement.
The Tenant may request to meet with the Landlord to discuss any change in rent or assistance
payment resulting from the recertification processing. If the Tenant requests such a meeting, the
Landlord agrees to meet with the Tenant and discuss how the Tenant’s rent and assistance
payment, if any, were computed.
16. REPORTING CHANGES BETWEEN REGULARLY SCHEDULED RECERTIFICATIONS:
a. If any of the following changes occur, the Tenant agrees to advise the Landlord immediately.
qa) Any household member moves out of the unit.
(2) Any adult member of the household who was reported as unemployed on the most recent
certification or recertification obtains employment.
(3) Any household member becomes a full-time student.
(4) There is a proposed addition of a household member.
(5) The household’s income increases cumulatively by $200 or more a month, in units where
a project-based subsidy applies.
(6) Ifa household is claiming zero income, management may recertify every 30 days.
If a project-based subsidy is applied to this unit, the following apply:
() Tenant may report any decrease in income or any change in other factors considered in
calculating the Tenant’s rent. Unless the Landlord has confirmation that the decrease in
income or change in other factors will last less than one month, the Landlord will verify
the information and make the appropriate rent reduction. However, if the Tenant’s
income will be partially or fully restored within two months, the Landlord may delay the
certification process until the new income is known, but the rent reduction will be
retroactive and the Landlord may not evict the Tenant for nonpayment of rent due during
the period of the reported decrease and the completion of the certification process.
(2) If the Tenant does not advise the Landlord of these interim changes, the Landlord may
increase the Tenant’s rent to the approved market rent. The Landlord may do so only in
accordance with the time frames and administrative procedures set forth in CHFA’s / the
Contract Administrator’s regulations, handbooks and instructions on the administration of
multifamily subsidy programs.
(3) The Tenant may request to meet with the Landlord to discuss how any change in income
or other factors affected his/her rent or assistance payment, if any; If the Tenant requests
such a meeting, the Landlord agrees to meet with the Tenant and explain how the
Tenant’s rent or assistance payment, if any was computed.
17. REMOVAL OF SUBSIDY:
The Tenant understands that assistance (if applicable) made available on Tenant’s behalf may be
terminated if events in either items 1 or 2 below occur. Termination of assistance means that the
Landlord or Contract Administrator, as applicable, may make the assistance available to another
Tenant and the Tenant’s rent will be recomputed. In addition, if the Tenant’s assistance is
terminated because of item 1 below, the Tenant will be required to pay the approved market rent
for the unit.
qa) The Tenant does not provide the Landlord or Contract Administrator with the information
or reports required by paragraph 15 or 16 within 10 calendar days after receipt of the
Landlord’s / Contract Administrator’s notice of intent to terminate the Tenant’s
assistance payment.
2) The amount the Tenant would be required to pay towards rent and utilities under CHFA’s
/ the Contract Administrator’s rules and regulations equals the Family Gross Rent shown
on Attachment 1.
The Landlord agrees to give the Tenant written notice of the proposed termination, if such
assistance is administered at a project level. The notice will advise the Tenant that, during the
ten calendar days following the date of the notice, Tenant may request to meet with the Landlord
to discuss the proposed termination of assistance. If the Tenant requests a discussion of the
proposed termination, the Landlord agrees to meet with the Tenant. If the assistance is
administered by a source independent of the project, termination of assistance and notification
thereof shall be determined by that agency’s regulations and guidelines.
Termination of assistance shall not affect the Tenant’s other rights under this Agreement,
including the right to occupy the unit. Project-based assistance may subsequently be reinstated if
the Tenant submits the income or other data required by CHFA’s / the Contract Administrator’s
procedure, the Landlord determines the Tenant is eligible for assistance, and assistance is
available. Tenants seeking reinstatement of assistance provided by an independent source should
contact the provider of such assistance for reinstatement information.
18 TENANT OBLIGATION TO PAY:
If the Tenant submits false information on any application, certification or request for interim
adjustment or does not report interim changes in family income or other factors as required by paragraph
16 of this Agreement, and as a result, is charged a rent less than the amount required by CHFA’s / the
Contract Administrator’s rent formulas, Tenant agrees to reimburse the Landlord for the difference
between the rent Tenant should have paid and the rent Tenant was charged. The Tenant is not required
to reimburse the Landlord for undercharges caused solely by the Landlord’s failure to follow CHFA’s /
the Contract Administrator’s procedures for computing rent or assistance payments.
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19, SIZE OF DWELLING:
The Tenant understands that the Landlord is required to assign units according to the size of the
household, and with consideration for the age and gender of the household’s members in some cases,
where requested by the Tenant. If the Tenant is or becomes eligible for a different size unit, and the
required size unit becomes available, the Tenant agrees to:
a. move within 30 days after the Landlord notifies Tenant that a unit of the required size is
available within the project; or
b remain in the same unit and pay the CHFA -approved market rent.
20. ACCESS BY LANDLORD:
The Landlord agrees to enter the unit only during reasonable hours and to provide reasonable advance
notice of the Landlord’s intent to enter the unit, except when an emergency exists.
a. The tenant hereby permits the Landlord, his/her agents or other persons, when authorized by the
Landlord, to enter the unit, with or without the Tenant being present, for the purposes of making
reasonable repairs and periodic inspections or as allowed by law. The Landlord, the Landlord’s
agent or other persons, when authorized by the Landlord, will not enter the unit if the Tenant
gives written notice to Landlord that permission to a particular entry is denied and the reason
why. Because regular inspections and/or exterminations are vital to the prevention or elimination
of pest infestations, any unreasonable denial of entry may be deemed a substantial violation of
this Agreement. A determination by a court of law that a denial of entry was unreasonable can
also subject the Tenant to actual damages for such refusal plus reasonable attorney fees.
After the Tenant has given a notice of intent to move, the Tenant agrees to permit the Landlord
to show the unit to prospective tenants during reasonable hours.
If the Tenant moves before this Agreement ends or abandons the unit, the Landlord may enter
the unit to decorate, remodel, alter or prepare the unit for re-occupancy.
If the tenant dies and the sole occupant of the unit, the Landlord may enter the unit under the
terms allowed by law. The tenant agrees to give Landlord the name and address of the Tenant’s
next of kin.
21 DISCRIMINATION PROHIBITED:
The Landlord agrees not to discriminate based on race, color, religion, creed, National origin, sex,
sexual orientation, marital status, lawful source of income, ancestry, age, familial status, and disability.
22. CHANGE IN RENTAL AGREEMENT:
The Landlord may, with the prior approval of CHFA or the Contract Administrator, change the terms
and conditions of this Agreement. Any changes will become effective only at the end of the initial term
or a successive term. The Landlord must notify the Tenant of any change and must offer the Tenant a
new agreement or an amendment to the existing Agreement. The Tenant must receive the notice at least
60 days before the proposed effective date of the change. The Tenant may accept the conditions by
signing the new agreement or the amendment to the existing Agreement and returning it to the Landlord.
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if the Tenant is violating a condition of probation or parole under Federal or State law:
determination made by the Landlord that a household member’s abuse or pattern of abuse
of alcohol threatens the health, safety, or right to peaceful enjoyment of the premises by
other residents;
if the Landlord determines that the Tenant, any member of the Tenant’s household, a
guest or another person under the Tenant’s control has engaged in the criminal activity,
regardless of whether the Tenant, any member of the Tenant’s household, a guest or
another person under the Tenant’s control has been arrested or convicted for such
activity.
The Landlord may terminate this Agreement for other good cause, which includes, but is not
limited to, the Tenant’s refusal to accept change to this Agreement. Terminations for “other
good cause” may only be effective as of the end of any initial or successive term.
The term material noncompliance with the lease includes, but is not limited to,:
() one or more substantial violations of the lease;
(2) repeated minor violations of the lease that
(a) disrupt the livability of the project;
(b) adversely affect the health or safety of any person or the right of any tenant to the
quiet enjoyment of the leased premises and related project facilities,
(c) interfere with the management of the project, or
(d) have an adverse financial effect on the project
(G3) failure of the Tenant to timely supply all required information on the income and
composition, or eligibility factors, of the Tenant household (including, but not limited to,
failure to meet the disclosure and verification requirements for Social Security Numbers,
or failure to sign and submit consent forms for the obtaining of wage and claim
information from State Wage Information Collection Agencies), and
(4) Non-payment of rent or any other financial obligation due under the lease, including late
fees, attorney fees, and costs, beyond any grace period permitted under State law.
if the Landlord decides to terminate this Agreement, the Landlord agrees to give the Tenant
written notice and the grounds for the termination. If the Landlord is terminating this Agreement
for “other good cause,” the termination notice must be hand-delivered to the dwelling unit at
least 30 days before the termination date specified therein. Notices of termination for other
reasons must be given in accordance with State and local law. Any notice period required by the
regulatory agency may run concurrently with any notice period required by State or local law.
All termination notices must:
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The Tenant may reject the changed terms and conditions by giving the Landlord written notice that
Tenant intends to terminate the tenancy. The Tenant must give such notice at least 30 days before the
proposed change will go into effect. If the Tenant does not accept the amended agreement, the Landlord
may require the Tenant to move from the project, as provided in paragraph 23.
23. TERMINATION OF TENANCY:
a. To terminate this Agreement, the Tenant must give the Landlord 30-days written notice before
moving from the unit. If the Tenant does not give the full 30-day notice, the Tenant shall be
liable for rent up to the end of the 30 days for which notice was required or to the date the unit is
re-rented, whichever date comes first.
Any termination of this Agreement or refusal to renew this Agreement at the end of a term must
be carried out in accordance with HUD / CHFA / Contract Administrator regulations, State and
local law, and the terms of this Agreement.
The Landlord may terminate this Agreement for the following reasons:
1 the Tenant’s material noncompliance with the terms of this Agreement;
2. the Tenant’s material failure to carry out obligations under any State Landlord and
Tenant Act;
drug related criminal activity engaged in on or near the premises, by any Tenant,
household member, or guest, and any such activity engaged in on the premises by any
other person under the Tenant’s control;
determination made by the Landlord that a household member is illegally using a drug;
determination made by a Landlord that a pattern of illegal use of a drug interferes with
the health, safety, or right to peaceful enjoyment of the premises by other residents;
criminal activity by a Tenant, any member of the Tenant’s household, a guest or another
person under the Tenant’s control;
(a) that threatens the health, safety, or right to peaceful enjoyment of the premises by
other residents (including property management staff residing or working on the
premises); or
(b) that threatens the health, safety, or right to peaceful enjoyment of their residences
by persons residing in the immediate vicinity of the premises, if the Tenant is
fleeing to avoid prosecution, or custody or confinement after conviction, for a
crime, or attempt to commit a crime, that is a felony under the laws of the place
from which the individual flees, or that in the case of the State of Newjersey, is a
high misdemeanor;
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specify the date this Agreement will be terminated;
state the grounds for termination with enough detail for the Tenant to prepare a defense;
and
advise the Tenant that if an eviction is instituted, the Tenant may present a defense.
The Landlord may require tenant to pay any legal fees incurred as a result of
termination of tenancy, or pre-termination notice for any of the grounds detailed in
Section this 23.
24, HAZARDS:
The Tenant shall not undertake, or permit Tenant’s family or guests to undertake, any hazardous acts or
do anything that will increase the project’s insurance premiums. Such action constitutes a material
noncompliance. 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 the Tenant, the Tenant 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.
25. PENALTIES FOR SUBMITTING FALSE INFORMATION:
Knowingly giving the Landlord false information regarding income or other factors considered in
determining Tenant’s eligibility and rent is a material noncompliance with the lease subject to
termination of tenancy. In addition, the Tenant could become subject to penalties available under
Federal law. Those penalties include fines up to $10,000 and imprisonment for up to five years.
26. CONTENTS OF THIS AGREEMENT:
This Agreement and its Attachments and Addenda make up the entire Agreement between the Landlord
and the Tenant regarding the unit. If any Court declares a particular provision of this Agreement to be
invalid or illegal, all other terms of this Agreement will remain in effect and both the Landlord and the
Tenant will continue to be bound by them. The headings are for convenience only. This Agreement can
only be changed by a written document signed by the Landlord and Tenant, unless and only to the extent
permitted by this Agreement. This Agreement represents the entire agreement between the Landlord and
Tenant for the use and occupancy of the unit. Any understandings, agreements, statements, or
representations not incorporated herein are waived, abandoned, or withdrawn and have no legal effect
whatsoever
14
27 ATTACHMENTS TO THE AGREEMENT:
The Tenant certifies that he/she has received a copy of this Agreement and the following Attachments
and Addenda to this Agreement and understands that these Attachments and Addenda are part of this
Agreement.
a. Attachment No. 1 - Certification and Recertification of Tenant Eligibility (as dictated by
regulatory agency)
Attachment No. 2 - Unit Inspection Report
Attachment No. 3 - House Rules (if any)
Other Items as needed, or as required by Applicable Regulatory Agency (Listed Below)
TC — 100
TC— 100B1
e. Statement concerning lead paint as required by federal law
28 TENANT’S RIGHT TO ORGANIZE:
Landlord agrees to allow Tenant and tenant organizers to conduct on the property the activities related to
the establishment or operation of a tenant organization set out in accordance with CHFA / Contract
Administrator requirements.
29, LEASE SUBORDINATE TO PROJECT-BASED SUBSIDY CONTRACT:
The Lease Agreement will terminate automatically, if any applicable project-based Housing Assistance
contract terminates for any reason.
30. RESTRICTIONS ON TENANCY TERM AND ADDITIONS TO HOUSEHOLD:
Tenant agrees that the initial lease term shall be 1 Year beginning and ending on the dates specified in
Paragraph 1. Tenant agrees that no additions to the household shall be made in the initial term of the
lease, with exceptions as noted below:
a. addition of a live-in aide as specified in Paragraph 13(g);
b. birth of a child;
ci addition of a foster person;
d adoption of a child; or
e. other situations, as determined by LIHTC / CHFA / Contract Administrator guidelines and
regulations.
15
31. SIGNATURES:
TENANT BY:
XDA MM & Lif jee
Date signed
2. / /
Date signed
LANDLORD BY: WO)
/ bik] /93
Se
\ Agent for Owner Date signed
16
Preview
LIHTC Lease Victory Gardens PARTIES AND DWELLING UNIT: The parties to this Agreement are Victory Gardens LLC, referred to as the Landlord and Heriberto Ayala referred to as the Tenant, The Landlord leases to the Tenant and the Tenant leases from the Landlord unit _45-C___, located at 45 Victory Way Unit C, Newington CT 06111. The unit shall be the Tenant’s only residence. The following furniture and appliances are included in rent: Stove and refrigerator Any furniture and appliances included in rent are the property of the Owner and shall remain in the unit if Tenant or Landlord terminates tenancy. LENGTH OF TIME (TERM): The initial term of this Agreement shall begin on _06/01/2022 and end on _5/31/2023 . After the initial term ends, the Agreement will continue for successive term of one year each, unless terminated as permitted by paragraph 23 of this Agreement. In no case can a successive term go beyond the Housing Assistance Payments contract (“HAP Contract”) for this facility. 3. RENT: The Contract Rent for this unit is $1411.00 Tenant agrees to pay his/her share of the Contract Rent in the amount of $_1195.00_ per month which is the Contract Rent less any Tenant Assistance Payments indicated below. This amount is due without notice or demand on the first (1) day of the calendar month at 50 Vietory Way, Newington CT 06111 Office. Tenant will receive the following subsidy considered a Tenant Assistance Payment: (Check applicable paragraph below) __ Tenant Assistance Payments in the amount of $0.00 being received by the landlord for your apartment through a Section 8 Voucher (tenant-based), provided through the U.S. Department of Housing and Urban Development, and administered by Hartford Housing Authority, herein referred to as the Contract Administrator. Tenant Assistance Payments in the amount of $0.00 are being received for your apartment through a Section 8 Voucher (project-based), provided through the U.S. Department of Housing and Urban Development, and administered by HUD, herein referred to as the Contract Administrator. Tenant Assistance Payments in the amount of $_ are being provided for your apartment by Victory Gardens LLC as part of funding provided by the Low-Income Housing Tax Credit Program administered by the Connecticut Housing Finance Authority (CHFA). Xx Other Tenant Assistance Payments in the amount of $__216.00 are being received by the landlord from (source: _ JD Amelia i CHANGES IN THE TENANT’S SHARE OF THE RENT: The Tenant agrees that the amount of rent the Tenant pays and/or the amount of assistance that any applicable subsidy provider pays on behalf of the Tenant (if applicable) may be changed during the term of this Agreement if: a. an agency providing Housing Assistance Payments (HAP Agency) determines in accordance with the agency’s regulatory procedures that an increase in rents is needed. the Connecticut Housing Finance Authority (CHFA), which has provided funding to the development, determines in accordance with the agency’s regulatory procedures that an increase in rents is needed. the income, the number of persons in the Tenant’s household or other factor(s) considered in calculating the Tenant’s Rent change and CHFA and/or Contract Administrator procedures provide that the Tenant's rent or assistance payment (if applicable) be adjusted to reflect the change; changes in the Tenant’s rent or assistance payment are required by CHFA’s / the Contract Administrator’s recertification or subsidy termination procedures; CHFA’s / The Contract Administrator’s procedures for computing the Tenant’s assistance payment (if applicable) or rent change; or the Tenant fails to provide information on Tenant’s income, family composition, or other factors as required by the Landlord or Contract Administrator. The Landlord agrees to implement changes in the Tenant’s rent or tenant assistance payment (if applicable) only in accordance with the time frames and administrative procedures set forth in CHFA’s / the Contract Administrators handbooks, instructions and regulations related to administration of multifamily subsidy programs. The Landlord agrees to give the Tenant at least 30 days advance written notice of any increase in the Tenant’s rent except as noted in paragraphs 11, 15 or 17.. The Notice will state the new amount the Tenant is required to pay, the date the new amount is effective, and the reasons for the change in rent. The Notice will also advise the Tenant that he/she may meet with the Landlord to discuss the rent change. CHARGES FOR LATE PAYMENTS AND RETURNED CHECKS: If the Tenant does not pay the full amount of the rent shown in paragraph 3 by the end of the 10" day of the calendar month, the Landlord may collect a fee of $25.00 on the 11'" day of the calendar month. Landlord may begin eviction proceedings if Tenant does not pay these fees within 30 days of a demand for payment, subject to applicable Contract Administrator guidelines. The Landlord may collect a fee of $25.00 any time a check is not honored for payment (bounces). The charges discussed in this paragraph are in addition to the regular monthly rent payable by the Tenant. If a check is not honored for payment, the rent will also be considered late and a late fee will be assessed, CONDITION OF DWELLING UNIT: By signing this Agreement, the Tenant agrees that the unit is safe, clean and in good condition. The Tenant agrees that all Appliances and equipment in the unit are in good working order, except as described on the Unit Inspection Report which is Attachment No. 2 to this Agreement. The Tenant also agrees that the Landlord has made no promises to decorate, alter, repair or improve the unit, except as listed on the Unit Inspection Report. CHARGES FOR UTILITIES AND SERVICES: The following charts describe how the cost of utilities and services related to occupancy of the unit will be paid. The Tenant agrees that these charts accurately describe the utilities and services paid by the Landlord and those paid by the Tenant. a. The tenant must pay for the utilities in column (1). Payments should be made directly to the appropriate utility company. The items in column (2) are included in the Tenant’s rent. (1) (2) Put an “X” by any Put an “X” by any Utility Tenant Type of Utility Included pays directly Utility in Tenant Rent Heat x Lights, Electric xX Cooking ——— Water xX Other (Specify) b. The Tenant agrees to pay the Landlord the amount shown in column (3) on the date the rent is due. The Landlord certifies that Friendship House L.P has authorized him/her to collect the type of charges shown in column (3) and that the amounts shown in column (3) do not exceed the amounts authorized by Low Income Housing Tax Credit Program.. G) Show $ Amount Tenant Pays to Landlord in Addition to Rent Parking $__None Other (Specify) $ es $a SECURITY DEPOSITS: The Tenant has deposited $ 1411.00 with the Landlord. The Landlord will hold this security deposit for the period the Tenant occupies the unit. After the Tenant has moved from the unit, the Landlord will determine whether the Tenant is eligible for a refund of any or all the security deposit. The amount of the refund will be determined in accordance with Contract Administrator guidelines, and vith the following conditions: * The security deposit has been paid by a. After the Tenant has moved from the unit, the Landlord will inspect the unit and complete another Unit Inspection Report. The Landlord will permit the Tenant to participate in the inspection, if the Tenant so requests. Landlord will comply with any Contract Administrator inspection requirements. The Owner will pay the Tenant annually the interest, computed at 0.08%, beginning the date of receipt, on the security deposit. The Landlord will refund to the Tenant the amount of the security plus unpaid interest less any amount needed to pay the cost of: (1) unpaid rent; Q) damages that are not due to normal wear and tear and are not listed on the Unit Inspection Report; (3) charges for late payment of rent and returned checks, as described in paragraph 5; (4) charges for unreturned keys, as described in paragraph 9; and (5) any other damages allowed by law. The Landlord agrees to refund the amount computed in paragraph 8c within the time required by law after the Tenant has permanently moved out of the unit, returned possession of the unit to the Landlord, and provided the Landlord with written notice of an address to which the security deposit, minus applicable deductions, should be sent. The Landlord will also give the Tenant a written list of charges. If the Tenant disagrees with the Landlord concerning the amounts deducted and asks to meet with the Landlord, the Landlord agrees to meet with the Tenant and informally discuss the disputed charges. In the event that the Contract Administrator or other funding agency pays the security deposit on behalf of the tenant, interest will be paid to, and any applicable refund distributed to, that source. KEYS AND LOCKS: The Tenant agrees not to install additional or different locks or gates on any doors or windows of the unit without the written permission of the Landlord. If the Landlord approves the Tenant’s request to install such locks, the Tenant agrees to provide the Landlord with a key for each lock. When this Agreement ends, the Tenant agrees that the locks remain and agrees to return all keys to the dwelling unit to the Landlord. For each key not returned, the Landlord may charge the Tenant the cost of replacing each lock. 10. MAINTENANCE: The Landlord agrees to: (1) regularly clean all common areas of the project; (2) maintain the common areas and facilities in a safe condition; (3) arrange for collection and removal of trash and garbage; (4) maintain all equipment and appliances in safe and working order; (5) make necessary repairs with reasonable promptness; (6) maintain exterior lighting in good working order; (7) provide extermination services, as necessary; and (8) maintain grounds and shrubs. The Tenant agrees to: () keep the unit clean, in accordance with housekeeping standards which do not threaten the health or safety of any Tenants, or pose a threat for vermin infestation of any apartment; (2) use all appliances, fixtures and equipment in a reasonable manner and only for the purposes for which they are intended: (3) not litter the grounds or common areas of the project, and to remove litter in the immediate area adjacent to the Tenant’s unit; (4) not destroy, deface, damage or remove any part of the unit, common areas, or project grounds; (5) not to store personal property on the exterior of buildings; (6) not to waste utilities furnished by the Owner; (7) give the Landlord prompt notice of any defects in the plumbing, fixtures, appliances, heating and cooling equipment or any other part of the unit or related facilities; (8) remove garbage and other waste from the unit in a clean and safe manner, separated and packaged according to any recycling requirements; and (9) to honor the fact that there is severely limited parking for vehicles and Tenant may not have a space. Ifa space is available, Tenant will register with the Landlord the valid and current Connecticut registration number of the vehicle to occupy a parking space, if available and permitted by the Landlord. Landlord is not responsible for any damages to any vehicle parked on the premises and any vehicle unregistered with the State of Connecticut and the Landlord may be towed without notice. The right to park a car on the premises pursuant to this paragraph does not constitute a lease of space but a license to use a space. Tenant must notify Owner of any changes. (10) comply with all of a tenant’s obligations under any state landlord and tenant act. 11 DAMAGES: Whenever damage is caused by carelessness, misuse, or neglect on the part of the Tenant, his/her family or visitors, the Tenant agrees to pay: a. the cost of all repairs and do so within 30 days after receipt of the Landlord’s demand for the repair charges; and rent for the period the unit is damaged whether or not the unit is habitable. The Tenant understands that J. D’ Amelia will not make assistance payments (if applicable) for any period in which unit is not habitable. For any such period, the Tenant agrees to pay the - approved market rent rather than the Tenant rent shown in paragraph 3 of this agreement. 12 RESTRICTIONS ON ALTERATIONS: No alteration, addition, or improvements shall be made in or to the premises without the prior consent of the Landlord in writing. The Landlord agrees to provide reasonable accommodation to an otherwise eligible Tenant’s disability, including making changes to rules, policies, or procedures, and making and paying for structural alterations to a unit or common areas. The Landlord is not required to provide accommodations that constitute a fundamental alteration to the Landlord’s program or which would pose a substantial financial and administrative hardship. See the regulations at 24 CFR Part 8. In addition, if a requested structural modification does pose a substantial financial and administrative hardship, the Landlord must then allow the tenant to make and pay for the modification in accordance with the Fair Housing Act. 13. GENERAL RESTRICTIONS; The Tenant must live in the unit and the unit must be the Tenant’s only place of residence. The Tenant shall use the premises only as a private dwelling for himself/herself and the individuals listed on the Certification and Recertification of Tenant eligibility. The Tenant agrees to permit other individuals to reside in the unit only after obtaining the prior written approval of the Landlord. The Tenant agrees not to: a sublet or assign the unit, or any part of the unit; b. use the unit for unlawful purposes; engage in or permit unlawful activities in the unit, in the common areas, or on the project grounds; have pets or animals of any kind in the unit without the prior written permission of the Landlord, but the Landlord will allow the Tenant to keep an animal needed as a reasonable accommodation to the Tenant’s disability, and will allow animals to accompany visitors with disabilities who need such animals as an accommodation to their disabilities; or make or permit noises or acts that will disturb the rights or comfort of neighbors. The Tenant agrees to keep the volume of any radio, phonograph, television or musical instrument at a level which will not disturb the neighbors. To neither possess nor permit any firearm on the premises of the aforementioned facility at any time, unless it is required by the Resident's work and unless it is a registered firearm and unless the person owning, carrying or otherwise in control of the firearm has a valid carrying permit; to file with Landlord/Agent a copy of the registration/carrying permit and a letter from employer prior to the time that the firearm is brought onto the premises; also to neither bring nor permit any firearm on the premises that does not require registration; agrees also that such possession of a firearm, unless registered with the Landlord/Agent as specified above, constitutes grounds for termination of this Lease; and g To permit no live-in aide to reside in the unit without the written approval of the Landlord/Agent. The Landlord/Agent shall not approve a live-in aide for the Resident unless: (a) Agent verifies that the Resident requires the services of a live-in aide or attendant as determined by the Resident's health care provider; and () Agent verifies that the person providing live-in aide services qualifies as a live-in aide or attendant as defined by the Resident's health care provider; and (c) The Resident provides the Landlord/Agent with a Lease Addendum for Live- in Aide to be attached to this Lease and signed by the Resident and Live-in Aide/Attendant. To permit no guest or visitor to stay in the unit in violation of the guest policies which are found in the House Rules (Attachment No. 3 to this Agreement). allow or permit any of the foregoing by any member of your household, a guest or another person under your control. 14. RULES: The Tenant agrees to obey the House Rules which are Attachment No 3 to this Agreement. The Tenant agrees to obey additional rules established after the effective date of this Agreement ift a. the rules are reasonably related to the safety, care and cleanliness of the building and the safety, comfort, and convenience of the Tenants; and b the Tenant receives written notice of the proposed rule at least 30 days before the rule is enforced. 15. CERTIFICATION AND RECERTIFICATION REQUIREMENT FOR 100% QUALIFIED UNITS In accordance with Section 42 of the Internal Revenue Code of 1986, as amended (“the Code”), which governs Low-Income Housing Tax Credits (LIHTC), any individual(s) or families renting these units are required to have annual income not in excess of 25% 50% X.60% (check one) of area median gross income as adjusted for family size, and their gross rent shall not be in excess of thirty percent (30%) of the imputed income limitation applicable to the unit. Accordingly, each tenant of a Qualified Unit must certify and annually recertify to their family income and family composition to maintain their eligibility for the lower rents which are based on incomes and number of persons in the household. Reporting your family income and composition annually is important as part of establishing your eligibility to remain in the Qualified Unit as required by the Code and the Treasury regulations promulgated there under. If you do not supply accurate information on your household’s income and family composition that we will require on forms provided to you, we may impose penalties in accordance with the Code and Connecticut Housing Finance Authority procedures, which may require you to pay the maximum market rate rent approved for the apartment. Every year no later than the 10" day of the 11" month of the Lease, the Landlord will request the Tenant to report the income and composition of the Tenant’s household and to supply any other information required by CHFA or the Contract Administrator for the purposes of determining the Tenant’s rent and assistance payment, if any. The Tenant agrees to provide accurate statements of this information and to do so by the date specified in the Landlord’s request. The Landlord will verify the information supplied by the Tenant and use the verified information to recalculate the amount of the Tenant’s rent and assistance payment, if any. a. If the Tenant does not submit the required recertification information by the date specified in the Landlord’s request, the Landlord may impose the penalties listed hereunder. The Landlord may implement these penalties only in accordance with the administrative procedures and time frames specified in CHFA’s / Contract Administrator’s regulations, handbooks and instructions related to the administration of multifamily subsidy programs. qd) Require the Tenant to pay the higher, approved market rent for the unit. (2) Implement any increase in rent resulting from the recertification processing without providing the 30-day notice otherwise required by paragraph 4 of this Agreement. The Tenant may request to meet with the Landlord to discuss any change in rent or assistance payment resulting from the recertification processing. If the Tenant requests such a meeting, the Landlord agrees to meet with the Tenant and discuss how the Tenant’s rent and assistance payment, if any, were computed. 16. REPORTING CHANGES BETWEEN REGULARLY SCHEDULED RECERTIFICATIONS: a. If any of the following changes occur, the Tenant agrees to advise the Landlord immediately. qa) Any household member moves out of the unit. (2) Any adult member of the household who was reported as unemployed on the most recent certification or recertification obtains employment. (3) Any household member becomes a full-time student. (4) There is a proposed addition of a household member. (5) The household’s income increases cumulatively by $200 or more a month, in units where a project-based subsidy applies. (6) Ifa household is claiming zero income, management may recertify every 30 days. If a project-based subsidy is applied to this unit, the following apply: () Tenant may report any decrease in income or any change in other factors considered in calculating the Tenant’s rent. Unless the Landlord has confirmation that the decrease in income or change in other factors will last less than one month, the Landlord will verify the information and make the appropriate rent reduction. However, if the Tenant’s income will be partially or fully restored within two months, the Landlord may delay the certification process until the new income is known, but the rent reduction will be retroactive and the Landlord may not evict the Tenant for nonpayment of rent due during the period of the reported decrease and the completion of the certification process. (2) If the Tenant does not advise the Landlord of these interim changes, the Landlord may increase the Tenant’s rent to the approved market rent. The Landlord may do so only in accordance with the time frames and administrative procedures set forth in CHFA’s / the Contract Administrator’s regulations, handbooks and instructions on the administration of multifamily subsidy programs. (3) The Tenant may request to meet with the Landlord to discuss how any change in income or other factors affected his/her rent or assistance payment, if any; If the Tenant requests such a meeting, the Landlord agrees to meet with the Tenant and explain how the Tenant’s rent or assistance payment, if any was computed. 17. REMOVAL OF SUBSIDY: The Tenant understands that assistance (if applicable) made available on Tenant’s behalf may be terminated if events in either items 1 or 2 below occur. Termination of assistance means that the Landlord or Contract Administrator, as applicable, may make the assistance available to another Tenant and the Tenant’s rent will be recomputed. In addition, if the Tenant’s assistance is terminated because of item 1 below, the Tenant will be required to pay the approved market rent for the unit. qa) The Tenant does not provide the Landlord or Contract Administrator with the information or reports required by paragraph 15 or 16 within 10 calendar days after receipt of the Landlord’s / Contract Administrator’s notice of intent to terminate the Tenant’s assistance payment. 2) The amount the Tenant would be required to pay towards rent and utilities under CHFA’s / the Contract Administrator’s rules and regulations equals the Family Gross Rent shown on Attachment 1. The Landlord agrees to give the Tenant written notice of the proposed termination, if such assistance is administered at a project level. The notice will advise the Tenant that, during the ten calendar days following the date of the notice, Tenant may request to meet with the Landlord to discuss the proposed termination of assistance. If the Tenant requests a discussion of the proposed termination, the Landlord agrees to meet with the Tenant. If the assistance is administered by a source independent of the project, termination of assistance and notification thereof shall be determined by that agency’s regulations and guidelines. Termination of assistance shall not affect the Tenant’s other rights under this Agreement, including the right to occupy the unit. Project-based assistance may subsequently be reinstated if the Tenant submits the income or other data required by CHFA’s / the Contract Administrator’s procedure, the Landlord determines the Tenant is eligible for assistance, and assistance is available. Tenants seeking reinstatement of assistance provided by an independent source should contact the provider of such assistance for reinstatement information. 18 TENANT OBLIGATION TO PAY: If the Tenant submits false information on any application, certification or request for interim adjustment or does not report interim changes in family income or other factors as required by paragraph 16 of this Agreement, and as a result, is charged a rent less than the amount required by CHFA’s / the Contract Administrator’s rent formulas, Tenant agrees to reimburse the Landlord for the difference between the rent Tenant should have paid and the rent Tenant was charged. The Tenant is not required to reimburse the Landlord for undercharges caused solely by the Landlord’s failure to follow CHFA’s / the Contract Administrator’s procedures for computing rent or assistance payments. 10 19, SIZE OF DWELLING: The Tenant understands that the Landlord is required to assign units according to the size of the household, and with consideration for the age and gender of the household’s members in some cases, where requested by the Tenant. If the Tenant is or becomes eligible for a different size unit, and the required size unit becomes available, the Tenant agrees to: a. move within 30 days after the Landlord notifies Tenant that a unit of the required size is available within the project; or b remain in the same unit and pay the CHFA -approved market rent. 20. ACCESS BY LANDLORD: The Landlord agrees to enter the unit only during reasonable hours and to provide reasonable advance notice of the Landlord’s intent to enter the unit, except when an emergency exists. a. The tenant hereby permits the Landlord, his/her agents or other persons, when authorized by the Landlord, to enter the unit, with or without the Tenant being present, for the purposes of making reasonable repairs and periodic inspections or as allowed by law. The Landlord, the Landlord’s agent or other persons, when authorized by the Landlord, will not enter the unit if the Tenant gives written notice to Landlord that permission to a particular entry is denied and the reason why. Because regular inspections and/or exterminations are vital to the prevention or elimination of pest infestations, any unreasonable denial of entry may be deemed a substantial violation of this Agreement. A determination by a court of law that a denial of entry was unreasonable can also subject the Tenant to actual damages for such refusal plus reasonable attorney fees. After the Tenant has given a notice of intent to move, the Tenant agrees to permit the Landlord to show the unit to prospective tenants during reasonable hours. If the Tenant moves before this Agreement ends or abandons the unit, the Landlord may enter the unit to decorate, remodel, alter or prepare the unit for re-occupancy. If the tenant dies and the sole occupant of the unit, the Landlord may enter the unit under the terms allowed by law. The tenant agrees to give Landlord the name and address of the Tenant’s next of kin. 21 DISCRIMINATION PROHIBITED: The Landlord agrees not to discriminate based on race, color, religion, creed, National origin, sex, sexual orientation, marital status, lawful source of income, ancestry, age, familial status, and disability. 22. CHANGE IN RENTAL AGREEMENT: The Landlord may, with the prior approval of CHFA or the Contract Administrator, change the terms and conditions of this Agreement. Any changes will become effective only at the end of the initial term or a successive term. The Landlord must notify the Tenant of any change and must offer the Tenant a new agreement or an amendment to the existing Agreement. The Tenant must receive the notice at least 60 days before the proposed effective date of the change. The Tenant may accept the conditions by signing the new agreement or the amendment to the existing Agreement and returning it to the Landlord. 1 if the Tenant is violating a condition of probation or parole under Federal or State law: determination made by the Landlord that a household member’s abuse or pattern of abuse of alcohol threatens the health, safety, or right to peaceful enjoyment of the premises by other residents; if the Landlord determines that the Tenant, any member of the Tenant’s household, a guest or another person under the Tenant’s control has engaged in the criminal activity, regardless of whether the Tenant, any member of the Tenant’s household, a guest or another person under the Tenant’s control has been arrested or convicted for such activity. The Landlord may terminate this Agreement for other good cause, which includes, but is not limited to, the Tenant’s refusal to accept change to this Agreement. Terminations for “other good cause” may only be effective as of the end of any initial or successive term. The term material noncompliance with the lease includes, but is not limited to,: () one or more substantial violations of the lease; (2) repeated minor violations of the lease that (a) disrupt the livability of the project; (b) adversely affect the health or safety of any person or the right of any tenant to the quiet enjoyment of the leased premises and related project facilities, (c) interfere with the management of the project, or (d) have an adverse financial effect on the project (G3) failure of the Tenant to timely supply all required information on the income and composition, or eligibility factors, of the Tenant household (including, but not limited to, failure to meet the disclosure and verification requirements for Social Security Numbers, or failure to sign and submit consent forms for the obtaining of wage and claim information from State Wage Information Collection Agencies), and (4) Non-payment of rent or any other financial obligation due under the lease, including late fees, attorney fees, and costs, beyond any grace period permitted under State law. if the Landlord decides to terminate this Agreement, the Landlord agrees to give the Tenant written notice and the grounds for the termination. If the Landlord is terminating this Agreement for “other good cause,” the termination notice must be hand-delivered to the dwelling unit at least 30 days before the termination date specified therein. Notices of termination for other reasons must be given in accordance with State and local law. Any notice period required by the regulatory agency may run concurrently with any notice period required by State or local law. All termination notices must: 13 The Tenant may reject the changed terms and conditions by giving the Landlord written notice that Tenant intends to terminate the tenancy. The Tenant must give such notice at least 30 days before the proposed change will go into effect. If the Tenant does not accept the amended agreement, the Landlord may require the Tenant to move from the project, as provided in paragraph 23. 23. TERMINATION OF TENANCY: a. To terminate this Agreement, the Tenant must give the Landlord 30-days written notice before moving from the unit. If the Tenant does not give the full 30-day notice, the Tenant shall be liable for rent up to the end of the 30 days for which notice was required or to the date the unit is re-rented, whichever date comes first. Any termination of this Agreement or refusal to renew this Agreement at the end of a term must be carried out in accordance with HUD / CHFA / Contract Administrator regulations, State and local law, and the terms of this Agreement. The Landlord may terminate this Agreement for the following reasons: 1 the Tenant’s material noncompliance with the terms of this Agreement; 2. the Tenant’s material failure to carry out obligations under any State Landlord and Tenant Act; drug related criminal activity engaged in on or near the premises, by any Tenant, household member, or guest, and any such activity engaged in on the premises by any other person under the Tenant’s control; determination made by the Landlord that a household member is illegally using a drug; determination made by a Landlord that a pattern of illegal use of a drug interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents; criminal activity by a Tenant, any member of the Tenant’s household, a guest or another person under the Tenant’s control; (a) that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents (including property management staff residing or working on the premises); or (b) that threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises, if the Tenant is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees, or that in the case of the State of Newjersey, is a high misdemeanor; 12 specify the date this Agreement will be terminated; state the grounds for termination with enough detail for the Tenant to prepare a defense; and advise the Tenant that if an eviction is instituted, the Tenant may present a defense. The Landlord may require tenant to pay any legal fees incurred as a result of termination of tenancy, or pre-termination notice for any of the grounds detailed in Section this 23. 24, HAZARDS: The Tenant shall not undertake, or permit Tenant’s family or guests to undertake, any hazardous acts or do anything that will increase the project’s insurance premiums. Such action constitutes a material noncompliance. 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 the Tenant, the Tenant 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. 25. PENALTIES FOR SUBMITTING FALSE INFORMATION: Knowingly giving the Landlord false information regarding income or other factors considered in determining Tenant’s eligibility and rent is a material noncompliance with the lease subject to termination of tenancy. In addition, the Tenant could become subject to penalties available under Federal law. Those penalties include fines up to $10,000 and imprisonment for up to five years. 26. CONTENTS OF THIS AGREEMENT: This Agreement and its Attachments and Addenda make up the entire Agreement between the Landlord and the Tenant regarding the unit. If any Court declares a particular provision of this Agreement to be invalid or illegal, all other terms of this Agreement will remain in effect and both the Landlord and the Tenant will continue to be bound by them. The headings are for convenience only. This Agreement can only be changed by a written document signed by the Landlord and Tenant, unless and only to the extent permitted by this Agreement. This Agreement represents the entire agreement between the Landlord and Tenant for the use and occupancy of the unit. Any understandings, agreements, statements, or representations not incorporated herein are waived, abandoned, or withdrawn and have no legal effect whatsoever 14 27 ATTACHMENTS TO THE AGREEMENT: The Tenant certifies that he/she has received a copy of this Agreement and the following Attachments and Addenda to this Agreement and understands that these Attachments and Addenda are part of this Agreement. a. Attachment No. 1 - Certification and Recertification of Tenant Eligibility (as dictated by regulatory agency) Attachment No. 2 - Unit Inspection Report Attachment No. 3 - House Rules (if any) Other Items as needed, or as required by Applicable Regulatory Agency (Listed Below) TC — 100 TC— 100B1 e. Statement concerning lead paint as required by federal law 28 TENANT’S RIGHT TO ORGANIZE: Landlord agrees to allow Tenant and tenant organizers to conduct on the property the activities related to the establishment or operation of a tenant organization set out in accordance with CHFA / Contract Administrator requirements. 29, LEASE SUBORDINATE TO PROJECT-BASED SUBSIDY CONTRACT: The Lease Agreement will terminate automatically, if any applicable project-based Housing Assistance contract terminates for any reason. 30. RESTRICTIONS ON TENANCY TERM AND ADDITIONS TO HOUSEHOLD: Tenant agrees that the initial lease term shall be 1 Year beginning and ending on the dates specified in Paragraph 1. Tenant agrees that no additions to the household shall be made in the initial term of the lease, with exceptions as noted below: a. addition of a live-in aide as specified in Paragraph 13(g); b. birth of a child; ci addition of a foster person; d adoption of a child; or e. other situations, as determined by LIHTC / CHFA / Contract Administrator guidelines and regulations. 15 31. SIGNATURES: TENANT BY: XDA MM & Lif jee Date signed 2. / / Date signed LANDLORD BY: WO) / bik] /93 Se \ Agent for Owner Date signed 16