Motion for Writ in Slayton Apartments Limited Partnership vs Curtis Mathison; John Doe; Jane Doe| Trellis.Law

On June 19, 2024 a Complaint-Civil Index #1 was filed involving a dispute between Slayton Apartments Limited Partnership, and Mathison, Curtis, for Eviction (UD) in the District Court of Murray County.

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51-CV-24-105
Filed in District Court
State of Minnesota
6/19/2024 9:12 AM

STATE OF MINNESOTA DISTRICT COURT

COUNTY OF MURRAY FIFTH JUDICIAL DISTRICT

HOUSING COURT

Slayton Apartments Limited Partnership
311 N. Cedar Avenue
Owatonna, Minnesota 55060
EVICTION ACTION COMPLAINT
Plaintiff,
vs.
Court File No. ________________
Curtis Mathison; John Doe; Jane Doe
2310 Juniper Avenue
#106
Slayton, MN 56172

Defendant(s).

If financially unable to obtain counsel, the defendant has the right to a court-
appointed attorney.1

My true and correct name is Bridget Brine, I am the Attorney for the Plaintiff in the
above-captioned proceeding, and I state under oath that the information contained in this
Complaint is true and correct to the best of my knowledge:

1. Property Information:
a. 2310 Juniper Avenue
#106
Slayton, Minnesota 56172
b. The lease does not include a garage or storage unit.

2. About the Parties:
a. Plaintiff (Landlord): Slayton Apartments Limited Partnership
b. Defendant(s): Curtis Mathison 8/11/1954

3. Lease Information:
a. Lease Start Date – March 1, 2023
b. Lease End Date – Month-to-Month
c. Monthly Obligation – $443.00, due on the first day of the month.

4. Statutory Compliance: Plaintiff, having present right of possession of said property, has
complied with Minn. Stat. § 504B.181: Disclosing to the Defendant(s) either in the rental
agreement or otherwise in writing prior to beginning of the tenancy the name and address of

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Notice provided pursuant to Minnesota Statute § 504B.268. Final eligibility for counsel determined by the Court.
51-CV-24-105
Filed in District Court
State of Minnesota
6/19/2024 9:12 AM

the person authorized to manage the property, and a landlord or agent authorized by the
landlord to accept service of process and receive and give receipt for notices and demands,
and the required information was posted in a conspicuous location, namely the building
entrance/lobby.

5. Subsidies: Upon information and belief, this tenancy and/or property are affected by a
federal or state housing subsidy program through project-based federal assistance payments;
the Section 8 program, as defined in section 469.002, subdivision 24; the low-income
housing tax credit program; or any other similar program, namely: Section 515 Rural Rental
Housing Program, administered by: Rural Housing Service within the U.S. Department of
Agriculture .

6. Reason for Eviction: Material Lease Violations
In violation of paragraph V(2) of the Lease Agreement (Attached), Defendant(s) have failed
to maintain the unit in a clean and sanitary condition, and failed to dispose of all trash and
garbage in a sanitary manner. Specifically, On January 2, 2024, Plaintiff inspected the unit
and found it to be deeply unsanitary. Defendant was provided notice of the violation and 10
days to remedy the violations. On January 12, 2024, Plaintiff inspected the unit and found
large amounts of trash. Plaintiff removed six 33 gallon bags of trash, and found food, grease,
and dead flies on the floor of the unit. Plaintiff also found the toilet to be full of feces. On
February 18, 2024, Plaintiff completed another inspection and again found large amounts of
garbage piling up in the unit.

Defendant(s) conduct is in violation of the lease agreement, allowing this eviction to be
commenced pursuant to Minnesota Statute section 504B.285, subd. 1(a)(2). Pursuant to
paragraph IV(1) of the Lease Agreement, Defendant(s) may be evicted immediately and
without prior notice if Defendant(s) violate any terms of this lease.
Holdover Tenant
As a result of the violations, on April 22, 2024, Plaintiff issued to Defendant(s) a notice to
vacate, effective May 31, 2024. Defendant(s) have held over and failed to vacate the
property, allowing this eviction to be commenced pursuant to Minnesota Statute section
504B.285, subd. 1(a)(3).

7. Pursuant to Minnesota Statutes section 504B.345, subd. 1(a), Plaintiff seeks immediate
judgment against the above Defendant(s) for restitution of said premises, and immediate writ
of recovery of said premises, plus costs and disbursements herein.

Verification and Affidavit of Non Military Status

I, Bridget Brine, being sworn/affirmed, state that I am the Plaintiff's Attorney in this
action, that I have read the complaint and that it is true to the best of my knowledge; that
Defendant(s) is/are not now in the military service of the United States, to the best of my
information and belief. I acknowledge that costs, disbursements, and reasonable attorney and
witness fees may be awarded pursuant to Minnesota Statutes § 549.211, Subd. (2), to the party
against whom the allegations in these pleadings are asserted. I declare under penalty of perjury
that everything I have stated in this document is true and correct. Minn. Stat. § 358.116.

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51-CV-24-105
Filed in District Court
State of Minnesota
6/19/2024 9:12 AM

Landlord Resource Network, LLC

Dated: June 19, 2024 /s/ Bridget Brine
Bridget Brine (#022778X)
STATE OF MINNESOTA ) ss. 225 S. 6th Street, Suite 3900
COUNTY OF CROW WING ) Minneapolis, MN 55402
Phone: 612-314-3177
bridget@landlordresource.net
Attorney for Plaintiff

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51-CV-24-105
Filed in District Court
State of Minnesota
6/19/2024 9:12 AM
NOTICE 0F OCCUPANCY RIGHTS UNDER U.S. Department of Housing and Urban Development
THE VIOLENCE AGAINST WOMEN ACT 0MB Apprm'ul No. 2577-0286
Expires ()6/30/2()17

Slayton Apartments Limited Partnership

Notice of Occupancy Rights under the Violence Against Women Act'

To all Tenants and Applicants

The Violence Against Women Act (VAWA) provides protections for victims of domestic violence,
dating violence. sexual assault. or stalking. VAWA protections are not only available to women,
but are available equally to all individuals regardless of sex, gender identity. or sexual orientation}
The U.S. Department of Housing and Urban Development (HUD) is the Federal agency that
oversees that Slayton Apartments Limited Partnership is in compliance with VAWA. This notice
explains your rights under VAWA. A HUD-approved certiﬁcation form is attached to this notice.
You can till out this form to show that you are or have been a victim of domestic violence, dating
violence, sexual assault, or stalking, and that you wish to use your rights under VAWA."

Protections for Applicants

If you otherwise qualify for assistance under the programs at Slayton Apartments Limited
Partnership, you cannot be denied admission or denied assistance because you are or have been a
victim of domestic violence, dating violence, sexual assault, or stalking.

Protections for Tenants

If you are receiving assistance under the programs at Slayton Apartments Limited Partnership, you
may not be denied assistance, terminated from participation, or be evicted from your rental housing
because you are or have been a victim of domestic violence, dating violence, sexual assault, or
stalking.
Also, if you or an affiliated individual of yours is or has been the victim of domestic violence,
dating violence, sexual assault, or stalking by a member of your household or any guest, you may
not be denied rental assistance or occupancy rights under the programs at Slayton Apartments
Limited Partnership, solely on the basis of criminal activity directly relating to that domestic
violence, dating violence, sexual assault, or stalking.

Afﬁliated individual means your spouse, parent, brother, sister, or child, or a person to whom you
stand in the place of a parent or guardian (for example, the afﬁliated individual is in your care,
custody, or control); or any individual, tenant, or lawful occupant living in your household.
Removing the Abuser or Perpetrator from the Household

Slayton Apartments Limited Partnership may divide (bifurcate) your lease in order to evict the
individual or terminate the assistance of the individual who has engaged in criminal activity (the

Despite the name of this law. VAWA protection is available regardless of sex. gender identity, or sexual orientation.
'

Housing providers canntit discriminate on the basis of any' protected characteristic, including race, color, national
origin, religion, sex. familial status, disability, or age. HUD-assisted and HUD-insured housing must be made
available to all otherwise eligible individuals regardless of actual or perceived sexual orientation, gender identity, or
marital status.
Forrn HUD-5380
(12/2016)
51-CV-24-105
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State of Minnesota
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abuser or perpetrator) directly relating to domestic violence, dating violence, sexual assault, or
stalking.

If Slayton Apartments Limited Partnership chooses to remove the abuser or perpetrator, Slayton
Apartments Limited Partnership may not take away the rights of eligible tenants to the unit or
otherwise punish the remaining tenants. If the evicted abuser or perpetrator was the sole tenant to
have established eligibility for assistance under the program, Slayton Apartments Limited
Partnership must allow the tenant who is or has been a victim and other household members to
remain in the unit for a period of time, in order to establish eligibility under the program or under
another HUD housing program covered by VAWA, or. find alternative housing.

In removing the abuser or perpetrator from the household, Slayton Apartments Limited Partnership
must follow Federal, State, and local eviction procedures. In order to divide a lease, Slayton
Apartments Limited Partnership may, but is not required to, ask you for documentation or
certiﬁcation of the incidences of domestic violence, dating violence, sexual assault, or stalking.

Moving to Another Unit

Upon your request, Slayton Apartments Limited Partnership may permit you to move to another
unit, subject to the availability of other units, and still keep your assistance. In order to approve a
request, Slayton Apartments Limited Partnership may ask you to provide documentation that you
are requesting to move because of an incidence of domestic violence, dating violence, sexual
assault, or stalking. If the request is a request for emergency transfer, the housing provider may
ask you to submit a written request or fill out a form where you certify that you meet the criteria
for an emergency transfer under VAWA. The criteria are:

(1) You are a victim of domestic violence, dating violence, sexual assault, or
stalking. If your housing provider does not already have documentation that you
are a victim of domestic violence, dating violence, sexual assault, or stalking, your
housing provider may ask you for such documentation, as described in the
documentation section below.

(2) You expressly request the emergency transfer. Your housing provider may
choose to require that you submit a form, or may accept another written or oral
request.

(3) You reasonably believe you are threatened with imminent harm from
further violence if you remain in your current unit. This means you have a
reason to fear that if you do not receive a transfer you would suffer violence in the
very near future.

0R
You are a victim of sexual assault and the assault occurred on the premises
during the 90-calendar-day period before you request a transfer. If you are a
victim of sexual assault, then in addition to qualifying for an emergency transfer
because you reasonably believe you are threatened with imminent harrn from

Forrn HUD-5380
(12/2016)
51-CV-24-105
Filed in District Court
State of Minnesota
6/19/2024 9:12 AM

further violence if you remain in your unit, you may qualify for an emergency
transfer if the sexual assault occurred on the premises of the property from which
you are seeking your transfer, and that assault happened within the 90-calendar-day
period before you expressly request the transfer.

Slayton Apartments Limited Partnership will keep confidential requests for emergency transfers
by victims of domestic violence, dating violence, sexual assault, or stalking, and the location of
any move by such victims and their families.

If you need information on an emergency transfer plan, please contact management at Vista View
Townhomes II.

Documenting You Are or Have Been a Victim of Domestic Violence, Dating Violence, Sexual
Assault or Stalking

Slayton Apartments Limited Partnership can, but is not required to, ask you to provide
documentation to "certify" that you are or have been a victim of domestic violence, dating
violence, sexual assault, or stalking. Such request from Slayton Apartments Limited Partnership
must be in writing, and Slayton Apartments Limited Partnership must give you at least l4 business
days (Saturdays, Sundays, and Federal holidays do not count) from the day you receive the request
to provide the documentation. Slayton Apartments Limited Partnership may, but does not have
to, extend the deadline for the submission of documentation upon your request.

You can provide one of the following to Slayton Apartments Limited Partnership as
documentation. It is your choice which of the following to submit if Slayton Apartments Limited
Partnership asks you to provide documentation that you are or have been a victim of domestic
violence, dating violence, sexual assault, or stalking.

o A complete HUD-approved certification form given to you by Slayton Apartments Limited
Partnership with this notice, that documents an incident of domestic violence, dating
violence, sexual assault, or stalking. The form will ask for your name, the date, time, and
location of the incident of domestic violence, dating violence, sexual assault, or stalking,
and a description of the incident. The certification form provides for including the name
of the abuser or perpetrator if the name of the abuser or perpetrator is known and is safe to
provide.

o A record of a Federal. State, tribal, territorial, or local law enforcement agency, court, or
administrative agency that documents the incident of domestic violence, dating violence.
sexual assault, or stalking. Examples of such records include police reports, protective
orders, and restraining orders, among others.

o A statement, which you must sign, along with the signature of an employee, agent, or
volunteer of a victim service provider, an attorney, a medical professional or a mental
health professional (collectively, "professional") from whom you sought assistance in
addressing domestic violence. dating violence, sexual assault, or stalking, or the effects of
abuse, and with the professional selected by you attesting under penalty of perjury that he

Forrn HUD-5380
(12/2016)
51-CV-24-105
Filed in District Court
State of Minnesota
6/19/2024 9:12 AM

or she believes that the incident or incidents of domestic violence, dating violence, sexual
assault, or stalking are grounds for protection.

o Any other statement or evidence that Slayton Apartments Limited Partnership has agreed
to accept.

If you fail or refuse
to provide one of these documents within the l4 business days, Slayton
Apartments Limited Partnership does not have to provide you with the protections contained in
this notice.

If Slayton Apartments Limited Partnership receives conﬂicting evidence that an incident of
domestic violence, dating violence. sexual assault, or stalking has been committed (such as
certiﬁcation forms from two or more members of a household each claiming to be a victim and
naming one or more of the other petitioning household members as the abuser or perpetrator),
Slayton Apartments Limited Partnership has the right to request that you provide third-party
documentation within thirty 30 calendar days in order to resolve the conﬂict. If you fail or refuse
to provide third-party documentation where there is conﬂicting evidence, Slayton Apartments
Limited Partnership does not have to provide you with the protections contained in this notice.

Confidentiality

Slayton Apartments Limited Partnership must keep conﬁdential any information you provide
related to the exercise of your rights under VAWA, including the fact that you are exercising your
rights under VAWA.

Slayton Apartments Limited Partnership must not allow any individual administering assistance
or other services on behalf of Vista View Townhomes II (for example, employees and contractors)
to have access to confidential information unless for reasons that specifically call for these
individuals to have access to this information under applicable Federal, State, or local law.

Slayton Apartments Limited Partnership must not enter your information into any shared database
or disclose your information to any other entity or individual. Slayton Apartments Limited
Partnership, however, may disclose the information provided if:

o You give written permission to Slayton Apartments Limited Partnership to release the
information on a time limited basis.
o
Slayton Apartments Limited Partnership needs to use the information in an eviction or
termination proceeding, such as to evict your abuser or perpetrator or terminate your abuser
or perpetrator from assistance under this program.
o A law requires Slayton Apartments Limited Partnership or your landlord to release the
information.

VAWA does not limit Slayton Apartments Limited Partnership duty to honor court orders about
access to or control of the property. This includes orders issued to protect a victim and orders
dividing property among household members in cases where a family breaks up.

Reasons a Tenant Eligible for Occupancy Rights under VAWA May Be Evicted or Assistance
May Be Terminated
Forrn HUD-5380
(12/2016)
51-CV-24-105
Filed in District Court
State of Minnesota
6/19/2024 9:12 AM

You can be evicted and your assistance can be terminated for serious or repeated lease violations
that are not related to domestic violence, dating violence, sexual assault, or stalking committed
against you. However, Slayton Apartments Limited Partnership cannot hold tenants who have
been victims of domestic violence. dating violence. sexual assault, or stalking to a more demanding
set of rules than it applies to tenants who have not been victims of domestic violence, dating
violence, sexual assault, or stalking.

The protections described in this notice might not apply, and you could be evicted and your
assistance terminated. if Slayton Apartments Limited Partnership can demonstrate that not evicting
you or terminating your assistance would present a real physical danger that:

l)Would occur within an immediate time frame, and
2) Could result in death or serious bodily harm to other tenants or those who work on the
property .

If Slayton Apartments Limited Partnership can demonstrate the above, Slayton Apartments
Limited Partnership should only terminate your assistance or evict you if there are no other actions
that could be taken to reduce or eliminate the threat.

Other Laws

VAWA does not replace any Federal, State, or local law that provides greater protection for victims
of domestic violence, dating violence, sexual assault. or stalking. You may be entitled to additional
housing protections for victims of domestic violence, dating violence, sexual assault, or stalking
under other Federal laws, as well as under State and local laws.

Non-Compliance with The Requirements of This Notice

You may report a covered housing provider's violations of these rights and seek additional
assistance, if needed. by contacting or ﬁling a complaint with the HUD Minneapolis Field Office
at (612) 370-3000.

For Additional Information

You may view a copy of HUD's final VAWA rule at https:l/www.gpo.govlfdsys/pkg/FR-20l6-
l l-lé/pdf/2016-25888pdf.

Additionally Slayton Apartments Limited Partnership must make a copy of I-IUD's VAWA
regulations available to you if you ask to see them.
For questions regarding VAWA, please contact Lynette Dawley at (507) 451-8524.

For help regarding an abusive relationship. you may call the National Domestic Violence Hotline
at 1-800-799-7233 or, for persons with hearing impairments, l~800~787-3224 (TTY). You may
also contact:

Form HUD-5380
(12/2016)
51-CV-24-105
Filed in District Court
State of Minnesota
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-
Minnesota Coalition for Battered Women: (866) 223-1111
-
Battered Women Legal Advocacy Project: (800) 313-2666

For tenants who are or have been victims of stalking seeking help may visit the National Center
for Victims of Crime's Stalking Resource Center at https://www.victimsofcrime.org/our-
programs/stalking-resource-center.

For help regarding sexual assault, you may contact:

-
Minnesota Coalition Against Sexual Assault: (651) 209-9993
-
Minnesota Coalition for Battered Women: (866) 223-1 l ll
-
Battered Women Legal Advocacy Project: (800) 3132666

Victims of stalking seeking help may contact:

-
Minnesota Coalition for Battered Women: (866) 223-1111
-
Battered Women Legal Advocacy Project: (800) 3132666

Attachment: Certiﬁcation form HUD-5382

Forrn HUD-5380
(12/2016)
51-CV-24-105
Filed in District Court
State of Minnesota
6/19/2024 9:12 AM
NOTICE 0F OCCUPANCY RIGHTS UNDER U.S. Department of Housing and Urban Development
THE VIOLENCE AGAINST WOMEN ACT 0MB Approval No. 2577-0286
Expires ()6/30/2()17

CERTIFICATION OF U.S. Department of Housing 0MB Apprcwal No. 2577-0286
DOMESTIC VIOLENCE, and Urban Development Exp. 06/30/20"
DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING,
AND ALTERNATE DOCUMENTATION

Purpose of Form: The Violence Against Women Act ("VAWA") protects applicants, tenants. and
program participants in certain HUD programs from being evicted. denied housing assistance. or
terminated from housing assistance based on acts of domestic violence, dating violence. sexual assault. or
stalking against them. Despite the name of this law, VAWA protection is available to victims of domestic
violence. dating violence. sexual assault. and stalking, regardless of sex. gender identity. or sexual
orientation.

Use of This Optional Form: lf you are seeking VAWA protections from your housing provider. your
housing provider may give you a written request that asks you to submit documentation about the incident
or incidents of domestic violence. dating violence. sexual assault. or stalking.

In response to this request, you or someone on your behalf may complete this optional form and submit it
to your housing provider, or you may submit one of the following types of third-patty documentation:

(l) A document signed by you and an employee. agent. or volunteer of a victim service provider. an
attorney, or medical professional. or a mental health professional (collectively. "professional") from
whom you have sought assistance relating to domestic violence. dating violence, sexual assault. or
stalking. or the effects of abuse. The document must specify. under penalty of perjury. that the
professional believes the incident or incidents of domestic violence. dating violence, sexual assault. or
stalking occurred and meet the deﬁnition of "domestic violence," "dating violence," "sexual assault," or
"stalking" in HUD's regulations at 24 CFR 5.2003.
(2) A record of a Federal. State, tribal, territorial or local law enforcement agency. court, or
administrative agency; or

(3) At the discretion of the housing provider, a statement or other evidence provided by the applicant or
tenant.

Submission of Documentation: The time period to submit documentation is l4 business days from the
date that you receive a written request from your housing provider asking that you provide documentation
of the occurrence of domestic violence, dating violence, sexual assault. or stalking. Your housing
provider may, but is not required to. extend the time period to submit the documentation. if you request an
extension of the time period. If the requested information is not received within l4 business days of when
you received the request for the documentation. or any extension of the date provided by your housing
provider, your housing provider does not need to grant you any of the VAWA protections. Distribution or
issuance of this form does not serve as a written request for certification.

Conﬁdentiality: All information provided to your housing provider concerning the incident(s) of
domestic violence. dating violence, sexual assault. or stalking shall be kept confidential and such details
shall not be entered into any shared database. Employees of your housing provider are not to have access
to these details unless to grant or deny VAWA protections to you. and such employees may not disclose
this information to any other entity or individual. except to the extent that disclosure is: (i) consented to
by you in writing in a time-limited release: (ii) required for use in an eviction proceeding or hearing
regarding termination of assistance; or (iii) otherwise required by applicable law.

Forrn HUD-5382
(12/2016)
51-CV-24-105
Filed in District Court
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TO BE COMPLETED BY OR ON BEHALF OF THE VICTIM OF DOMESTIC VIOLENCE,
DATING VIOLENCE SEXUAL ASSAUL'I' OR S'I'ALKIN

l. Date the written request is received by victim:

2. Name of victim:

3. Your name (if different from victim's):
4. Name(s) of other family member-(S) listed on the lease:

S. Residence of victim:

6. Name of the accused perpetrator (if known and can be safely disclosed):

7. Relationship of the accused perpetrator to the victim:

8. Date(s) and times(s) ol' incidenﬂs) (if known):

10. Location of incident(s):

In your own words, briefly describe the incident(s):

This is to certify that the information provided on this form is true and correct to the best of my knowledge
and recollection, and that the individual named above in Item 2 is or has been a victim of domestic violence,
dating violence. sexual assault. or stalking. l ackiiowledge that submission of false information could
jeopardize program eligibility and could be the basis for denial of admission, termination of assistance. or
eviction.

Signature Signed on (Date)

Public Reporting Burden: The public reporting burden for this collection of information is estimated to
average l hour per response. This includes the time for collecting. reviewing, and reporting the data. The
information provided is to be used by the housing provider to request certiﬁcation that the applicant or
tenant is a victim of domestic violence. dating violence, sexual assault. or stalking. The information is
subject to the confidentiality requirements of VAWA. This agency may not collect this infonnation. and
you are not required to complete this form, unless it displays a currently valid Office of Management and
Budget control number.

Forrn HUD-5382
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51-CV-24-105
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LEASE AGREEMENT

THIS IS ALBGAL DOCUMEN'I'. PLEASE REVIEW 11' THOROUGHLY PRIOR TO BXECU'I'lON.

I. GENERAL LEASE INFORMATION:

This section of the Lame Agreement is to inforrn you of general policies related to your tenancy, and to establish the relationship
between you as a tenant and the owner. Conditions for your occupancy are outlined in this Lease Agreement. "Lessee" may be
refened to as "Tenant", and "Landlord" my be referred to as "Owner" or "Landlord" and includes its authorized agent throughout
this Lease Agreement. You are advised that all conditions of this Lease Agreement are applicable to all members of your hoasehold,
including any pets 'f permitted as set fortlt herein. No one may join your household without the prior written consent 01'
management

This Lease Agreement covers a one-year period from the date of execution, and must be executed prior to the initial date of move-in.
Renewals or extensions of this lease Agreement will also cover a one year period. Alter the initial tom ends, this Agreement will
continue for successive terms (f one year each unless option [11. 8. is selected which would cause it to become a month to month
lease, or it is terminated in accordance with the terms of this lease. If the lease is continued aﬁer the initial term ends, then the
amount of tenant rent will be determined in accordance with a current Form RD 3560-8, Tenant Certiﬁcation.

The terms and conditions of this lease may only be modiﬁed in accordance with Section VI. This project was ﬁnanced by USDA's
Rural Development and Rural Development has the right to further verify any information pertinent to this lease agreement.
Eligibility requirements must be determined prior to the effective date of this Lease Agmemeut. Tenant must complete an
_..-.---

Application for Housing, and provide information concerning income, assets, medical, child care, and disabled assistance expenses
and all household member information. The tenant understands that rental rates are established on Form RD 3560-8, which is an
attachment to this Lease. The tenant agrees to submit to annual rccertiﬁmtion of income and eligibility, or as requested. An advance
written notice will be issued by the Landlord 75-90 days prior to the annual recertiﬁcation. The tenant agrees to cooperate with the
above process. For tenants receiving HUD Section 8 Assistance, HUD Form 50059 will be completed instead of Penn RD 3560-8. if
n -
_

the tenant's household composition changes and is no longer eligible to remain in the unit per the Occupancy Standard established
for this property, tenant must vacate the unit within 30 days of written notiﬁcation from Landlord, or at the expiration of the Lease,
whichever is greater. However, tenant may remain in the unit until a suitable size unit becomes available and the Landlord issues a
30 day written notice to relocate. Tenant agrees to move at tenant's own expense, unless otherwise agreed by Landlord in writing.
Any other exceptions concerning temporary continuation of occupancy must be approved by Landlord and Rural Development.

Rent Changes: Rent rate changes must be approved by Rural Development prior to implementation. You will receive an initial
60-day advance notice before implementation of any rent rate change.

Escalation Clause: li' a rent rate change to Basic or Note Rate Rent is approved by Rural Development prior to the expiration of your
lease, due to changes in project operating costs, your net contribution may be adjusted. Your tenant contribution may also be changed
prior to the expiration of the lease due to changes in tenant statrrs or faihn'e to properly recertify. Forrn RD 3560-8, Tenant
Certification, will be completed to document the changes in Net Tenant Contribution.

The following conditions would not cause a change in the tenant's Net Tenant Contribution:

]) Monetary or non-monetary default of the Owner.
2) Suspension. Cancellation, or Termination of Federal subsidies (Rental Assistance or Interest Credit) paid to the owner or
management agent on behalf of the tenant.
3) Prepayment of the Agency loan by the Owner.
4) Foreclosure, liquidation, or acceleration of the Owner's Promissory Note.

Designated Owner Contact: Complaints should be directed to the management agent listed below:

Life Style, Inc. Phone: 507-451-8524 www.lifestyleinc.net
3] lNorth Cedar Avenue Fax: 507-451-5459
Owatonna, MN 55060 TDD: 507-451-0704

Life Style, Inc. is authorized to manage HALTER PLACE APARTMENTS. Life Style, Inc. is also authorized to accept service of
process and receive and give receipts for notices and demands.

Maintenance Requests: Requests for maintenance in your unit should be directed to the site manager listed below. if no timely
response is received (2 weeks). contact the management agent at the above address and phone number.
51-CV-24-105
Filed in District Court
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' .

..._~ . .
i" it 6/19/2024 9:12 AM
\W1
(ManagerName)
.. '33
(Phone Number)

Non-Discrimination Provisions: This housing complex is ﬁnanced by USDA Rural Development, and the owner is subject to the
following nondiscrimination provisions:

1. Title VI of the Civil Rights Act of 1964 2. Title VIII of the Fair Housing Act
3. Section 504 of the Rehabilitation Act of 1973 4. The Age Discrimination Act of 1975
5. The Americans witlt Disabilities Act

All complaints of discrimination should be directed to: USDA, Director, Office if Civil Rights, Room 326-W, Whitten Building,
14th arid Independence Avenue, SW., Washington, DC 20250-94l0. Complaints of Fair Housing violations may be sent directly to
the Office of Fair Housing and Equal Opportunity, US. Department of Housing and Urban Development (HUD), Housing and Urban
Development, Washington, DC 20410. In accordance with Federal law and US. Department of Agriculture policy, this institution is
prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. (Not all prohibited bases apply to
all programs.

THE FOLLOWING terms, conditions, and covenants shall apply to this Lease, and each Tenant is jointly and severally liable for
each provision:

II. BASIC AGREEMENT:

1. LEASE: THIS LEASE AGREEMENT is made and entered into between CURTIS MATHISON hereinaiier called the
Tenant, and HALTER PLACE APARTMEN'l'S hereinaﬁer called the Landlord, for the lease of Apartment No. 106 at the rental
property known as HALTER PLACE APARTMENTS located at 23|0 JUNIPER AVE, #l06, SLAYTON, W
56|72 situated in the
of
County MURRAY, State of Minnesota for the term of one year to commence on 03/01/2023 and to end on 02/29/2024.

2. AUTHORIZED OCCUPANTS: Only the individuals listed below are authorized to occupy this Apartment.

CURTIS MATHISON

3. RENT ADJUSTMENTS:

(a) Rent Proration: If this [case Agreement is entered into on a date other than the ﬁrst cf the month, Tenant's rent will be prorated
based on the remaining days in the month. if a Tenant is receiving Rental Assistance, the rent will be prorated for the ﬁrst month as
if the tenant was receiving RA, in accordance witti 7 CFR 3560.257 (0) (2). Tenant's rent for the remaining term of the Lane will be
due and payable on the ﬁrst of each month.

(b) Rent Adjustment Tenant Error: Tenant
-
agrees to an immediate upward adjustment in rent if statements or representations on
applications for admission or continued occupancy are subsequently fourui to be false, and to pay as rent the difference between the
rent whiclt would have been assessed if the full, true, and accurate income had been declared on the application for admission or
continued occupancy retroactively to the effective date of this Lease. Tenant agrees to make restitution when unauthorized assistance
is received due to Tenant's fraud or misrepresentation. Submission of false information by Tenant could result in legal action against
Tenant, including legal actions by Rural Development and the Landlord.

(c) Rent Adjustment - Landlord Error: Tenant agrees to an upward adjustrnent in the rent upon thirty (30) days advance notice, if
such an adjustment should be necessary because of Landlord's calculation error, to enable the Landlord to comply with Federal, State
or local law or regulation of the Department of Housing and Urban Development, Rural Development, or other applicable Federal or
State agencies involved.
51-CV-24-105
Filed in District Court
State of Minnesota
- -
~:« 1" "t 6/19/2024 9:12 AM

(d) Rettt Adjustment Change in Household Members or Composition: Tenant agrees to immediately notify the Landlord when there
-

is a change to Tenant's household member and/or- composition. Failure to report such change may result in the loss of beneﬁts to
which Tenant may be entitled or result in Landlord taking corrective action.

Occupancy Standards for this complex are as follows, as stated in Agent's Management Plan:
Minimum Maximum Minimum Maximum
1 Bedroom: 1 3 2 Bedroom: 2 5
3 Bedroom: 3 7 4 Bedroom; 4 9

4. STATEMENTS OF UNDERSTANDING: The following statements of understanding have been read, understood and
agreed by the Tenant in accordance with Rural Development requirements:
to

(a) "I understand that this Lease Agreement is subject to present regulations of Rural Developmmt and to its future regulations
and provisions hereof which may affect my eligibility and continued occupancy."

(b) "I understand that this Lease is subject to compliance with the terms and provisions of all applicable Federal Housing
assistance prograrns covering this complex. I also understand that 1 will no longer be eligible for occupancy if my income
exceeds the established maximum allowable unless a waiver is Rural "
adjusted income, granted by Developmen

(c) "I agree I must immediately notify the Landlord when there is a change in my gross income or assets, my qualiﬁcations for
adjustments to income, my citizenship status, or the number of persons living in the rental unit. I understand my rent or
beneﬁts may be aﬂ'ectaed as a result of this Iformation. I also understand that failure to report such changes may result in
my losing beneﬁts to which I may be entitled or may result in Landlord takirig corrective action if beneﬁts were mistakenly
received. I understand the corrective action Landlord may take includes the initiation of a demand for repayment of any
beneﬁts or rental subsidies improperly received, initiation of a notice to cancel any rental assistance, including Section 8
assistance being received, for the balance of my certiﬁcation period, initiation of a notice to increase my monthly rent to
$629.00 per montii (note rate rent for Plan [1 projects or 125 percent of rent in Plan 1 projects), or initiation of a notice of
termination. I understand that one or more of these remedies may be initiated at the option of the Landlord."

(d) "l understartd that 1 must promptly notify the Landlord of any extended absences and that if I do not personally reside in the
tmit for a period exceeding 60 consecutive days, for reasons other than health or emergency, my net monthly contribution
shall be raised to $629.00 per month (note rate rent for Plan 1] projects or 125 percent of rent in Plan I projects) for the
period of my absence exceeding 60 consecutive days. I also understand that should any rental assistance be suspended or
reassigrted to other eligible tenants, i am not assured that it will still be available to me upon my return. 1 also understand
that if my absence continues for more than 60 days, for reasons other than health or emergency, my tenancy may be
terminated."

(e) "I understand that should I receive occupancy beneﬁts to which I am not entitled due to my failure to provide information or
due to incorrect information provided by me or on my behalf by others, or for any other household member, 1 may be
required to make restitution and I agree to repay any amount of beneﬁts to which I was not ent

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