Motion to Be Relieved or Withdraw as Counsel in Franklin Portland Gateway Phase III Limited Partnership vs Sahra Aden| Trellis.Law

On June 24, 2024 a Complaint-Civil Party: Plaintiff Franklin Portland Gateway Phase III Limited Partnership; Attorney WILLIAMS, ROBIN ANN Index #1 was filed involving a dispute between Franklin Portland Gateway Phase Iii Limited Partnership, and Aden, Sahra, for Eviction (UD) in the District Court of Hennepin County.

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27-CV-HC-24-4166
Filed in District Court
State of Minnesota
6/24/2024 1:13 PM

STATE OF MINNESOTA DISTRICT COURT

COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT

Franklin Portland Gateway Phase III Limited CASE NO. __________
Partnership, dba The Wellstone,

Plaintiff, EVICTION ACTION COMPLAINT
v.

Sahra Aden
620 E Franklin Avenue #409
Minneapolis, MN 55404,

Defendant.

Robin Ann Williams, Laurel J. Pugh, Kerri J. Nelson, Danielle C. Dobry, or Peter B. Wagner,
attorney for Plaintiff, states and declares as follows:

1) Plaintiff leased to Defendant, by a written agreement, the following premises:

Address and Unit: 620 E Franklin Avenue #409
City: Minneapolis
State: Minnesota
Zip Code: 55404
County: Hennepin

The lease is attached as Exhibit A to this complaint.

2) The rent due and payable under this agreement each month is $1,495.00 due on the first
day of each month.

3) The owner of the premises described above is Aeon Preservation Limited Partnership.

4) Plaintiff/owner, having present right of possession of said property, has complied with
Minn. Stat. 504B.181 by:

 disclosing to Defendant either in the rental agreement or otherwise in writing
prior to commencement of tenancy the name and address of:

1. the person authorized to manage premises AND
2. the owner or agent authorized by owner to accept service of process
and receive and give receipts for notice and demands AND
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 posting outside the management office a printed notice containing the above
information; OR

 the above information was known by Defendant not less than 30 days before
the filing of this action because it is in the lease.

5) Plaintiff seeks to have Defendant evicted for the following reasons:

a.(i) This is a nonpayment eviction action.

 Plaintiff has provided Defendant with notice required by Minn. Stat. 504B.321, Subd.
1a. The notice is attached as Exhibit B to this complaint.

(ii) Defendant’s unit:

 is located in Minneapolis. The notice referenced above (Exhibit B) complies with
Minneapolis ord. 244.2060.

 does not currently participate in a federal or state housing subsidy program.

(iii) Defendant is still in possession of the above premises and has failed to pay amounts due
under the lease. The total amount owed by Defendant is $8,634.81. In addition, Plaintiff
demands payment of “costs of the action” pursuant to Minn. Stat. 504B.291.

 Attached as Exhibit C is the ledger or statement of owed amounts. Plaintiff is not
seeking March 2024 eviction filing fee of $15.00. Plaintiff is also not seeking July 2023
parking expense of $50.00, August 2023 parking expense of $50.00, September 2023
parking expense of $50.00, October 2023 parking expense of $50.00, November 2023
parking expense of $50.00, December 2023 parking expense of $50.00, or June 2024
parking expense of $50.00. In addition to the amounts shown on the ledger, Defendant
owes $119.60 for June 2024 late fees, which have now become due.

Plaintiff hereby incorporates and attaches as part of the notice (Exhibit B) a Notice of
Occupancy Rights under the Violence Against Women Act and a United States
Department of Housing and Urban Development (HUD)-approved form for Certification
of Domestic Violence, Dating Violence, Sexual Assault, or Stalking and Alternate
Documentation.

6) Plaintiff seeks judgment against the above Defendant for recovery of said premises plus
costs and disbursements herein.

7) Defendant is not now in the military or naval service of the United States, to the best of
Plaintiff’s information and belief.

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I declare under penalty of perjury that everything that I have stated in this document is true and
correct. Minn. Stat. § 358.116.

Dated: June 24, 2024 ABRITER PLLC

Hennepin County, Minnesota By: /s/ Danielle C. Dobry
County and State where signed Danielle C. Dobry (#0399205)
5775 Wayzata Boulevard, Suite 700
St. Louis Park, MN 55416
612-349-2769
ddobry@abriterlaw.com
Attorneys for Plaintiff

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The Wellstone Lease

1. Parties and Dwelling Unit:
The parties to this Lease are Franklin Portland Gateway Phase III Limited Partnership
(referred to as "Landlord") and Sahra Aden (collectively referred to as "Resident"). The
Landlord leases to Resident 620 E Franklin Avenue #409, Minneapolis, Minnesota
55404 (complete address of unit) in the development known as The Wellstone. Only the
following persons will be permitted to occupy the premises: Sahra Aden,
(list all adult residents and children).

Aeon Management LLC, located at 901 Third Street North, Suite 150, Minneapolis, MN
55401 is the management agent authorized by the Landlord/owner to accept service of
process and receive and give receipt for notices and demands. Each Resident agrees that
notices and demands delivered by Landlord to the unit constitute delivery to all Residents
and are effective upon delivery to the unit.

2. Length of Term:
The initial term of this Lease shall begin on 04/13/2022 and end on 03/31/2023. After
the initial term ends, the Lease will continue on a month-to-month basis with a two-
month lease termination notice provision. (See paragraph 16.)

3. Rent:
The Resident agrees to pay $900 for the partial month ending on April 30, 2022. After
that, the Resident agrees to pay rent of $1495 per month. Each Resident is individually
responsible for paying the full amount of rent and any other amounts owed to the
Landlord. Rent is due on the first day of the month at 611 East Franklin Avenue,
Minneapolis, Minnesota 55404.

Acceptance by Landlord of less than the full amount of rent and any other amounts due
from Resident does not waive Landlord's right to file an eviction action for nonpayment
of the balance of owed amounts and/or to pursue any other legal rights and remedies.
Acceptance of rent or other amounts due from Resident does not waive Landlord's right
to evict Resident for past or existing violations of any term of the Lease.

4. Late Payments, Returned Checks, and Damages:
If the Resident does not pay the full amount of rent by the fifth day of the month, the
Landlord will charge a late fee of 8% of the monthly overdue rent charge. The Landlord
will charge a fee of $30.00 if Resident's check is not honored for payment (if it bounces).
All monies paid by Resident will be applied first to the oldest outstanding balance.

If Resident, Resident's household members, or Resident's guests damage the premises
beyond ordinary wear and tear, Landlord will give 30 days' notice of the amount due
from Resident for repair of the damages.
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Resident can be evicted for nonpayment of rent and/or nonpayment of any other amounts
due from Resident under the terms of the Lease, including but not limited to nonpayment
of late fees, bounced check fees, and damage charges.

5. Condition of Dwelling Unit:
By signing this Lease, the Resident acknowledges that the unit is safe, clean, and in good
condition. The Resident agrees that all appliances and equipment in the unit are in good
working order, except as described on the Move-In Inspection Report. The Resident also
agrees that the Landlord has made no promises to decorate, alter, repair, or improve the
unit, except as listed on the Move-In Inspection Report.

6. Charges for Utilities and Services:
The Resident must pay for the utilities in column (1) directly to the appropriate utility
company. The utilities in column (2) are included in the Resident's rent. Resident's
failure to pay for utilities is a basis for lease termination and/or eviction. Landlord may
charge Resident for unpaid utilities for which Resident is responsible.

Column (1) Column (2)
Type of Utility Resident pays directly included in Resident rent
Electric X
Gas X
Sewer & Trash X
Water X
Telephone X
Cable/Internet X

Resident agrees to sign any utility release forms from utility providers to allow Landlord
access to Resident's utility consumption information. Resident agrees that failure to
timely comply with Landlord's request is a basis for lease termination and/or eviction.

7. Compliance with Funding Sources:
The Resident acknowledges that this development part1c1pates in different funding
programs and is subject to all the rules and regulations of those programs. Resident's
submission of false information on any application, certification, recertification or any
other submission necessary to evaluate or confirm Resident's eligibility for housing is a
breach of lease and may result in lease termination and/or eviction.

In the event that regulations, statutes, funding program rules, or mortgage or loan terms
require the Landlord to obtain additional or updated information regarding Resident's
family income, family composition, or other eligibility requirements, the Resident agrees
to provide such required information when requested by the Landlord. Resident will also
cooperate in providing income information to facilitate funding applications. Resident's
failure to timely provide such requested information is a breach of lease and may result in
lease termination and/or eviction.

8. Security Deposit:
The Resident will deposit $500 with the Landlord. The Landlord will hold this security
deposit for the period the Resident occupies the unit.

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After the Resident has moved from the unit, the Landlord will inspect the unit and
complete a Move-Out Inspection Report. The Resident is encouraged to participate in
this inspection and sign the report. The Landlord will then determine whether the
Resident is eligible for a refund of any or all of the security deposit.

The security deposit will be returned in accordance with state law. The Landlord may
withhold from the deposit amounts reasonably necessary (1) to remedy defaults in the
payment of rent and any other amounts due from Resident and (2) to restore the premises
to their condition at the commencement of the Lease, ordinary wear and tear excepted.

The Resident understands that the Landlord will not apply the security deposit toward the
last month's rent or toward damages owed by the Resident in accordance with paragraph
4 of the Lease.

9. Keys and Locks:
The Resident agrees not to install additional or different locks or gates on any doors or
windows of the unit without written permission of the Landlord. If the Landlord approves
the Resident's request to install such locks, the Resident agrees to provide the Landlord
with a key for each lock. The Resident agrees to return all keys to the premises to the
Landlord. The Landlord may charge the Resident $100 for each garage door opener (if
applicable), $50.00 for each unit key, $50.00 for each laundry room key (if applicable),
$25.00 for each mailbox key, and $100.00 for each security system key card (also known
as a key fob) lost or not returned by Resident. If the Landlord must re-key the unit or the
building, Resident will be assessed additional charges.

10. Maintenance:

A. The Landlord promises:

(1) that the unit and all common areas are fit for use as residential premises;

(2) to keep the unit in reasonable repair and make necessary repairs within a
reasonable time after written notice by Resident, except when the disrepair
is caused by the intentional or negligent conduct of the Resident, the
Resident's household, or the Resident's guests;

(3) to maintain the unit in compliance with applicable health and safety laws,
except when the violation is caused by the intentional or negligent conduct
of the Resident, the Resident's household, or the Resident's guests; and

(4) to repair and to keep clean the common areas.

B. The Resident agrees that Resident, Resident's household, and Resident's guests
will:

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(1) keep the unit clean, safe, and sanitary;

(2) use all appliances, fixtures, and equipment in a safe manner and only for
the purposes for which they are intended;

(3) not litter on the grounds or common areas of the development;

(4) not destroy, deface, damage, or remove any part of the unit, common
areas, or development premises;

(5) give notice to the Landlord of any necessary repairs to be made;

(6) notify the Landlord immediately of any conditions in the unit or
development that are dangerous to human health or safety, that may
damage the unit or development, or that may waste utilities provided by
the Landlord, including but not limited to running or malfunctioning
toilets, suspected or known water leaks, moisture problems or mold, and
malfunctioning heating and cooling equipment;

(7) cooperate with the Landlord's efforts at pest control, which may include,
among other things, Resident's emptying and cleaning cabinets, drawers,
and closets, pulling furniture away from walls, and allowing exterminators
to enter and treat the premises;

(8) remove garbage and other waste from the unit m a clean, safe, and
responsible manner;

(9) dispose of garbage only in proper holding containers at the development;

(10) not waste utilities provided by the Landlord;

(11) use only in a reasonable manner all electrical, plumbing, sanitary, heating,
ventilation, air conditioning, and other facilities and equipment; and

(12) conduct themselves in a manner conducive to maintaining the premises in
a decent, safe, and sanitary condition.

11. Restrictions or Alterations:
The Resident agrees not to do any of the following without first obtaining the Landlord's
written permission:

A. change or remove any part of the appliances, fixtures, or equipment in the unit;

B. paint or install wallpaper or contact paper in the unit;

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C. attach or place any fixtures, signs, or fences on the building(s), the common areas,
or the development grounds;

D. attach any shelves, screen doors, or other permanent improvements in the unit;

E. keep or install washing machines, dryers, ceiling fans, heaters or air conditioners,
freezers or additional refrigerators, or cooking appliances in the unit;

F. place any aerials, antennas, or other electrical connections on the unit; or

G. keep a waterbed or other water-filled furniture in the unit.

12. General Restrictions:
The Resident agrees to live in the unit, and the Resident shall use the premises only as a
private dwelling and only for the individuals listed in paragraph I of the Lease. The
Resident agrees to permit other individuals to reside or regularly stay in the unit only
after obtaining the prior written approval of the Landlord.

The Resident agrees that Resident, members of Resident's household, Resident's guests,
and other persons under Resident's control:

A. will not sublet or assign the unit, or any part of the unit, to any other persons;

B. will not use the unit for unlawful purposes or in a way that would adversely affect
Landlord's insurance;

C. will not have or keep even for a brief period of time pets or animals of any kind in
the unit or on the development property without the prior written permission of
the Landlord;

D. will not make or permit noises or acts that will disturb the rights or comfort of
other residents and/or neighbors living in property adjacent to the development
(by way of example and not limitation, Resident agrees to keep the volume of any
radio, television, or musical instrument at a reasonable level);

E. will not use or store in or near the unit, common areas, or development grounds
any flammable or explosive substance;

F. will not interfere in the management and operation of the development;

G. will not threaten the health, safety, or well being of other residents, other
residents' guests, and/or the Landlord or Landlord's employees, vendors, or
agents;

H. will not engage in discriminatory conduct against other residents, other residents'
guests, and/or the Landlord or Landlord's employees, vendors, or agents;

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I. pursuant to Minnesota law, will not use the unit, common areas, development
grounds, or property near the development grounds (1) to manufacture, sell, give
away, barter, deliver, exchange, distribute, possess, or use any illegal drugs, (2) to
engage in prostitution or any prostitution-related activity (3) to unlawfully use or
possess any firearms; or (4) to store or possess any stolen property;

J. will not engage in illegal, criminal or unlawful drug-related or other activity
(including but not limited to petty misdemeanors) in, on, or near the premises; and

K. will not illegally use a drug or engage in a pattern of illegal use of a drug that
interferes with the health, safety, or right to peaceful enjoyment of the premises
by other residents.

Resident understands that Landlord may terminate the Lease and/or file an eviction action
if Resident violates the above restrictions.

13. Rules:
The Resident agrees to obey any rules that have been implemented by Landlord.
Violation of the rules is a breach of lease and can lead to lease termination and/or
eviction. The Resident agrees to obey additional rules established after the effective date
of this Lease if:

A. the rules are reasonably related to the management, safety, care, or cleanliness of
the building or the safety, comfort, and convenience of the residents; and

B. the Resident receives written notice of the proposed rule at two months before the
rule is enforced, unless circumstances make it necessary to implement the rule
immediately.

14. Access by Landlord:
Pursuant to Minnesota law, the Landlord may enter Resident's unit for reasonable
business purposes and for emergency reasons. Landlord will provide notice required by
Minnesota law.

15. Discrimination Prohibited:
The Landlord will adhere to all applicable fair housing and anti-discrimination laws.

16. Termination of Tenancy:

A. Terminalion by Resident: If Resident wishes to move out of the unit on the date
that the initial term of this Lease ends, Resident must give Landlord two month's
written notice. The Landlord must receive the notice no later than the last day
before the two-month notice period begins to run. For example, if the initial term
of this Lease ends on July 31, Landlord must receive written notice no later than
May 31.

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If Resident continues to reside in the unit after the initial term of this Lease ,
Resident may terminate this Lease by giving the Landlord two month's written
notice. The notice must terminate the Lease on the last day of a given month, and
the Landlord must receive the notice no later than the last day before the two-
month notice period begins to run. For example, if Resident wishes to terminate
his or her lease on September 30, then Landlord must receive written notice of the
termination no later than July 31. Failure to give proper notice will result in
Resident being liable to Landlord for all rent and other charges due under the
remaining lease term. Landlord may choose to charge Resident the greater of lost
rent and damages or an early termination fee of $2500.

B. Termination and/or Eviction by Landlord:

( 1) If Landlord wishes to terminate this Lease on the date that the initial term
of this Lease ends, Landlord must give Resident two month's written
notice prior to the Lease's end date. If Resident continues to reside in the
unit after the initial term of this Lease, Landlord may terminate this Lease
by giving the Resident two month's written notice. The notice must
terminate the Lease on the last day of the given month, and the Resident
must receive the notice no later than the last day before the two-month
notice begins to run. If Resident violates any of the terms of this Lease,
Landlord may file an eviction action against Resident to regain possession
of the unit.

(2) Resident understands that Landlord may terminate this Lease during the
initial or any other term with two month's written notice if continued
occupancy by the Resident will result in a violation by the Landlord of any
term of any note, mortgage, or other lease to which this Lease is
subordinate or if continued occupancy by the Resident will result in a
violation of any funding program.

(3) Resident understands that if, after he/she begins occupying the unit, he/she
or a household member commits a crime that would have caused Landlord
to reject Resident's application had the crime taken place before the start
of the Lease, this will be grounds for lease termination and/or eviction.

(4) If Landlord determines that Resident has made false or misleading
statements or omissions in the rental application, this will be grounds for
lease termination and/or eviction.

Regardless of termination by Landlord or by Resident, the Resident agrees to vacant the
unit by noon on the last day of the notice period.

17. Destroyed or Unlivable Unit:

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If the unit is destroyed or damaged so it is unfit to live in, due to any cause, Landlord
may cancel this Lease immediately and may choose not to rebuild or restore the unit. If
the destruction or damage was not Resident's fault and if Landlord cancels this Lease,
rent paid will be pro-rated, and the balance will be refunded to Resident.

18. Subordination:
Resident's Lease is subject to all present or future notes, mortgages, loans, or leases
affecting the development, and the Resident hereby appoints the Landlord as attorney-in-
fact to execute and deliver any and all necessary documents to subordinate this Lease to
any present or future notes, mortgages, loans, or leases.

19. Contents of this Lease:
This Lease and its Attachments make up the entire Lease between the Resident and the
Landlord. If any court declares a particular provision of this Lease to be invalid or
illegal, all other terms of the Lease will remain in effect, and both the Landlord and the
Resident will continue to be bound by them.

20. Waiver of One Breach is Not a General Waiver:
If a Resident violates a term of this Lease but Landlord does not sue or evict Resident,
Landlord may still sue or evict Resident for any other violation of any term of this Lease.

21. Damage or Injury to Resident of His/Her Property:
Landlord and Landlord's agents are not responsible for any injury to Resident, members
of Resident's household, or Resident' s guests that was not intentionally or negligently
caused by Landlord or Landlord's agents. Landlord and Landlord's agents are not
responsible for the actions or for any damages, injury, or harm caused by third parties
(such as other residents, guests, intruders, and trespassers) who are not under Landlord's
or Landlord's agents' control.

Landlord and Landlord's agents are not responsible for any damage to personal property
belonging to Resident, members of Resident's household, or Resident's guests. Landlord
strongly recommends that residents obtain renter's insurance to protect against injuries
and/or property damage.

22. Condemnation:
In the event the unit, the building, the development, or any part thereof is taken by
condemnation by the United States, the State of Minnesota, or any other governmental
agency or authority, Landlord has the option to terminate this Lease on two months'
notice. The Resident waives any right to any portion of the award received by the
Landlord as damages for the taking of the property.

23. Landlord's Rights and Remedies:
If Landlord files an eviction action, Resident agrees to continue paying the full amount of
rent for the full remaining term of this Lease, or until the unit is re-rented, whichever
occurs first. If the Lease is month-to-month, Resident will owe rent for two full months
after Resident is evicted from the unit. If Landlord re-rents the unit for less than

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Resident's rental amount, Resident will owe the difference for the remaining term of the
Lease. If evicted, Resident is also liable for reasonable re-rental costs.

Landlord does not give up its right to any amount owed by Resident by failing or
delaying to ask for payment.

Landlord may use its legal rights and remedies in any combination. By using one or more
of these rights and remedies, Landlord does not give up any other rights or remedies that
it may have.

24. Failure to Give Possession:
If Landlord cannot deliver physical possession of the unit to Resident at the start of this
Lease, Resident cannot sue Landlord for any resulting damages, but Resident will not
start paying rent until he/she gets possession of the unit.
25. Attachments to the Lease:
The Resident certifies that he/she has read and received a copy of this Lease and the
following Attachments to this Lease and understands that these Attachments are part of
this Lease.

1. Move-In/Move-Out Inspection Report
2. Crime Free Drug Free Lease Addendum
3. Acknowledgement of Receipt of Keys
4. Aeon Utility Release
5. Section 42 Lease Addendum (if applicable)
6. Wellstone Parking Contract (if applicable)
7. LTH Lease Addendum (if applicable)

LANDLORD
BY.

A~~~~
RESIDENT
-=----
~ {J----,. . . . =-9(_IB /2_~ 2- ~
______._
DATE ~ ntL
bi?
C
Management Agent for
Franklin Portland Gateway Phase III Limited
RESIDENT DATE Partnership

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MINNESOTA NOTICE OF INTENT TO EVICT FOR NONPAYMENT
(CARES Act Properties)

04/11/2024
BY HAND DELIVERY AND US MAIL

Sahra Aden
620 E Franklin Ave 409
Minneapolis, MN 55404

Dear Sahra Aden:

You have a past-due balance for rent. The total amount of past-due rent as of today's date is
$1630.76. Enclosed is a ledger that includes a specific accounting of the total amount due,
including unpaid rent, late fees, and/or other charges.

This letter is notice that we may bring an eviction action against you on or after
05/11/2024, unless you pay your past-due balance or vacate your unit.

We will add to the amount due the rent and other charges that accrue after the date of this
letter. Please note that acceptance of partial payment of amounts owed by you will not waive
our right to file an eviction action for any remaining owed amounts.

The name and address of the person authorized to receive rent and fees on behalf of the
landlord is: Amy Robinson. 620 E Franklin Ave, Hennepin, Minneapolis MN. 55404. 55404.
(612) 314-4392, Wellstone@aeon.org_.

You have the right to seek legal help. If you can't afford a lawyer, free legal help may be
available. Contact Legal Aid or visit www.LawHelpMN.org to know your rights and find your
local Legal Aid office. To apply for financial help, contact your local county or Tribal social
services office, apply online at MNBenefits.mn.gov or call the United Way toll-free information
line by dialing 21-1 or 800-5437709. Your landlord can file an eviction case if you do not pay
the total amount due or move out within 3O days from the date of this notice. Some local
governments may have an eviction notice period longer than 3O days. You may also wish to
visit https://mnbenefits.mn.gov/ or call 211 to see if you are eligible for financial assistance.
Sincerely,

Amy Robinson
Site Manager, The Wellstone
Aeon Management, LLC

Enclosures (enclosed if checked)
'
a Notice of Occupancy Rights Under VAWA 2013
a VAWA Certification Form
u Ledger
ADDENDUM
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City of Minneapolis
If your unit is located in the City of Minneapolis, this addendum applies. The City of Minngapolis
website also has some information regarding legal and financial assistance that may be available
to you. City of Minneapolis Resident Services can be accessed at:
https://www2.minneapo/ismn.gov/resident-services/propen'y-housing/renters/renter_
resources/
Resources and information to apply for help paying rent can be accessed at:
o mnbeneﬁts.mn.gov
o rent.21 1unitedway. org
Other resources for renters can be accessed at:
https://www2.minneapo/ismn.gov/resident-services/propertyhousing/renters/renter
rights/
City of Brooklyn Center
If your unit is located in the City of Brooklyn Center, this addendum applies. You can get
information about accessing rental assistance by calling 211 or visiting
https://www.211unitedway.org/. You can get information about accessing legal help by visiting
the Law Help Website at https://www.lawhelpmn.org/. The telephone number of the person
authorized to accept rent is (612) 314-4392.

City of St. Louis Park
located in St. Louis Park, this addendum applies. The City of St. Louis Park website
If your unit is
has some information regarding legal and financial assistance that may be available to you. You
can access the information on the website at:
https://www.stlouispark.org/government/depan'ments-divisions/housing/rental
assistance/
The telephone number for the City of St. Louis Park is 952-924-2500.
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Aeon Management LLc
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 Aeon Management LLC is in compliance with VAWA. This notice explains
your rights under VAWA. A HUD-approved certification form is attached to this notice. You can ﬁll 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
lf you otherwise qualify for assistance under Aeon Management LLC, you cannot be denied admission or denied assistance because you are 0r have been a
victim of domestic violence, dating violence, sexual assault, or stalking.

Protections for Tenants
If you are receiving assistance under Aeon Management LLC, 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 Aeon Management LLC 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
HP 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 abuser
or perpetrator) directly relating to domestic violence, dating violence. sexual assault, or stalking.

lf HP chooses to remove the abuser or perpetrator, HP 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, HP 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.
ln removing the abuser or perpetrator from the household, HP must follow Federal, State, and local eviction procedures. In order to divide a lease, HP
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, HP 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, HP 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.
OR
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 harm
from 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 90calendarday period before you expressly request the transfer.

HP 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.
HP's emergency transfer plan provides further information on emergency transfers, and HP must make a copy of its emergency transfer plan available to you if
you ask to see it.

Documenting You Are or Have Been a Victim of Domestic Violence, Dating Violence, Sexual Assault or Stalking
HP 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 HP must be in writing, and HP must give you at least 14 business days (Saturdays, Sundays, and Federal holidays do
not count) from the day you receive the request to provide the documentation. HP 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 HP as documentation. It is your choice which of the following to submit if HP asks you to provide documentation that
you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking.
L'i A complete HUD-approved certification form given to you by HP 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.

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

Housing providers cannot discriminate on the basis of any protected characteristic, including race, color, national origin, religion, sex, familial status, disability, or
2

age. HUD-assistcd and HUD-insured housing must bc made available to all otherwise eligible individuals regardless of actual or perceived sexual orientation,
gender identity, or marital status.
27-CV-HC-24-4166
Filed in District Court
State of Minnesota
6/24/2024 1:13 PM

U A record of a Federal, State, tribal, territorial. or local law enforcement agency, court. or administratlve 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.
"i 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 or she
'
believes that the incident

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