Complaint,Petition: 25 ESSEX L.P. VS. REBEKAH BROOKS ET AL

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                OO

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Mar-16-2016 12:21 pm

Case Number: CUD-16-654725
Filing Date: Mar-16-2016 12:16
Filed by: ALISON AGBAY

Image: 05315880
COMPLAINT

25 ESSEX L.P. VS. REBEKAH BROOKS ET AL

001005315880

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

[ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
L_ Daniel Riley, Bar # 248902

Kimball, Tirey & St. John LLP

2300 Clayton Read, Suite 1350

Concord, CA 94520
revepuone No. (800) 525-1690 FAXNO(Optoney: (925) 469-2655
E-MAIL ADDRESS (Options)
ATTORNEY FOR (Name): Plaintiff

SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco San Francisee County Superior Court
street aopress: 400 MCALLISTER, 1ST FLOOR MAR 16
WANG ADDRESS 162016
crv ano ze cove SAN FRANCISCO, CA 94102 .
seancn naue SAN FRANCISCO d CLERK OF THE COURT
PLAINTIFF: 25 Essex LP. My: Liners
Deputy Clerk
DEFENDANT: Rebekah Brooks
GQ does 1TO AD INCLUSIVE _____.
CASE NUMBER:

COMPLAINT - UNLAWFUL DETAINER*
CQ compcaint [] AMENDED COMPLAINT (Amendment Number): First. CUD-16-654725

Jurisdiction (check all that apply):
[J ACTION IS A LIMITED CIVIL CASE
Amount demanded [QQ does not exceed $10,000
(2) exceeds $10,000 but does not exceed $25,000

(CQ ACTION IS AN UNLIMITED CIVIL CASE (amount demanded exceeds $25,000)
(CC) ACTION Is RECLASSIFIED by this amended complaint or cross-complaint (check alf that apply):
(CQ trom untawtut detainer to general unlimited civil {possession not in issue) [21 trom limited to untimited
{ + from unlawful detainer to general limited civil (possession not in issue) OQ from unlimited to limited

4, PLAINTIFF (name each): 25 Essex LP.

alleges causes of action against DEFENDANT (name each):

Rebekah Brooks
2. a. Plaintiffis (1) [LQ anindividual over the age of 18 years. (4) Cy a partnership.
(2) CC) a public agency. (6) ([) acorporation.

(3) [) other (specify): Limited Partnership
b. (2) Plaintiff has complied with the fictitious business name laws and is doing business under the fictitious name of (specify):

3. Defendant named above is in possession of the premises located at (street address, apt. no., city, zip code, and county):
25 Essex Street #815
San Francisco, CA 94105
County of San Francisco

4. Plaintiff's interest in the premises is Tas owner =) other (specify):
5. The true names and capacities of defendants sued as Does are unknown to plaintiff.
6. a. Onor about (date): 3/20/2014 defendant (name each):

Rebekah Brooks

(1) agreed fo rent the premises as a C1 month-to-month tenancy {K) other tenancy (specify): 41 Months 27 Days
(2) agreed to pay rentof$ 448.00 payable [{} monthly [C] other (specify frequency):
(3) agreed to pay rent on the (K]] first of the month (CO) other day (specify):

b. This GQ written (CQ oral agreement was made with

(1) (C) plaintiff. (3) C-) plaintiff's predecessor in interest.
(2) K) plaintiffs agent. (4) _) other (specify):
*NOTE: Do not use this form for evictions after sale (Code Civ. Proc., § 1164a). Page 1 of 3
Form Approved for Optional Use COMPLAINT - UNLAWFUL DETAINER "Civil Code, § 1940 et se,
Gudea Covel of Calforn'a Code of Civil Procedure §§ 425 12, 1166

'UD-100 Rev. July 1. 2005) wwe courtinfo 62.90

Martin Deans

ESSENTIAL FORMS™

16-7066877

FILE BY FAX

First Amended CompiaintPLAINTIFF (Name); 25 Essex L-P. CASE NUMBER:
[ CUD-16-654725

DEFENDANT (Name): Rebekah Brooks

6. c. QQ] The defendants not named in item 6a are
(1) (2) subtenants.
(2) C2) assignees.
(3) (Ky other (specify): UNKNOWN
d. [K] The agreement was later changed as follows (specify):
Said rent increased to $497.00 per month, effective 01/01/2016.

e. GE} A copy of the written agreement, including any addenda or attachments that form the basis of this complaint, is attached
and labeled Exhibit 1. (Required for residential property, unless item 6fis checked. See Code Civ. Proc., §1 166.)
f. (CQ (For residential property) A copy of the written agreement is not attached because (specify reason):
(1) CC) the written agreement is not in the possession of the landiord or the landlord's employees or agents.
(2) 2} this action is solely for nonpayment of rent (Code Civ. Proc., § 1161(2)).
7. GQ a. Defendant (name each): Rebekah Brooks

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

(1) (2) 3-day notice to pay rent or quit (4) (2) 3-day notice to perform covenants or quit
(2) (.)).30-day notice to quit (5). (2) 3-day notice to quit
(3) (2) 60-day notice to quit (6) KK) Other (specify): 10-Day Notice To Quit
b. (1) On (date): 02/22/2016 the period stated in the notice expired at the end of the day.

(2) Defendants failed to comply with the requirements of the notice by that date.

c. All facts stated in the notice are true.

. EQ The notice included an election of forfeiture.

e. KX] A copy of the notice is attached and labeled Exhibit 2. (Required for residential property. See Code Civ. Proc.,
§ 1166.)

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

a

8. a. QQ The notice in item 7a was served on the defendant named in item 7a as follows:
(a) (C) by personally handing a copy to defendant on (date):
(2) (2) by leaving a copy with (name or description): .
a person of suitable age and discretion, on (dafe): at defendant's
Col residence [2] business AND mailing a copy to defendant at defendant's place of residence on
(date): because defendant cannot be found at defendant's residence or usual
place of business.
(3) [EQ by posting a copy on the premises on (date): 2/12/2016 (CD AND giving a copy toa
person found residing at the premises AND mailing a copy to defendant at the premises on
(date): 2/12/2016
(a) (3 because defendant's residence and usual place of business cannot be ascertained OR
(b) {] because no person of suitable age or discretion can be found there.
(4) (CQ (Not for 3-day notice; see Civil Code, § 1946 before using) by sending a copy by certified or registered
mail addressed to defendant on (dafe)-
(5) CY (Not for residential tenancies; see Civil Code, § 1953 before using) in the manner specified in a written
commercial lease between the parties.
b. CQ (Name):
was served on behalf of all defendants who signed a joint written rental agreement.
c. (C) Information about service of notice on the defendants alleged in item 7f is stated in Attachment 8c.
d. [KK] Proof of service of the notice in item 7a is attached and labeled Exhibit 3.

{U0-100 [Rev. July #, 2005] COMPLAINT - UNLAWFUL DETAINER Page 2of 3

5) sate
2 ESSENTIAL FORMS™ First Amended Complaint 16-7066877PLAINTIFF (Name): 25 Essex LP. ‘CASE NUMBER:
CUD-16-654725

DEFENDANT (Name): Rebekah Brooks

9. (2) Plaintiff demands possession from each defendant because of expiration of a fixed-term lease.
140.) At the time the 3-day notice to pay rent or quit was served, the amount of rent due was $
41. ]) The fair rental value of the premises is $ 16.33 per day.

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

43. C.) Awritten agreement between the parties provides for attorney fees.

14.) Defendant's tenancy is subject to the local rent control or eviction control ordinance of (city or county, title of ordinance,
and date of passage):

Plaintiff has met all applicable requirements of the ordinances.
15. (E] Other allegations are stated in Attachment 15.
46. Plaintiff accepts the jurisdictional limit, if any, of the court,
17. PLAINTIFF REQUESTS

a. possession of the premises. f. [K) damages at the rate stated in item 41 from

b. costs incurred in this proceeding: (date): 02/23/2016 for each day that

c. CC) past-due rent of $ defendants remain in possession through entry of judgment.

d. (.) reasonable attorney fees. g. CC) statutory damages up to $600 for the conduct alleged in item 12.
e. EK] forfeiture of the agreement. h. () other (specify):

18. GK} Number of pages attached (specify): 48

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

19. (Complete in all cases.) An unlawful detainer assistant TO didnot (2) did — for compensation give advice or assistance
with this form. (if plaintiff has received any help or advice for pay from an unlawful detainer assistant, state:}

a. Assistant's name: c. Telephone No.:

b. Street address, city, and zip code: d. County of registration:
e. Registration No.:
f. Expires on (date):

Date: 03/14/2016

Daniel Riley » Se LOA EE

{TYPE OR PRINT NAME) {SIGNATURE OF PLAINTIFF OR ATTORNEY)

VERIFICATION

(Use a different verification form if the verification is by an attomey or for a corporation or. partnership.)
lam the plaintiff in this proceeding and have read this complaint. | declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.

Date:

»

(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
UD-100 (Rev July 1, 2005) COMPLAINT - UNLAWFUL DETAINER Page 3of3

Mart Deas

SSENTIAL FORMS” First Amended Complaint 416-7066877DANIEL RILEY, Bar #248902
KIMBALL, TIREY & ST. JOHN LLP
2300 CLAYTON ROAD, SUITE 1350
CONCORD, CA 94520

(925) 469-1690

(925) 469-2655 (fax)

Attorneys for Plaintiff

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO, SAN FRANCISCO JUDICIAL DISTRICT

CASE NAME: 25 Essex L.P. v. Brooks

ATTACHMENT 15

The San Francisco Residential Rent Stabilization and Arbitration Ordinance Section 37.2(r)(4) exempts
"dwelling units whose rents are controlled or regulated by any government unit, agency or authority.
The subject premises are not subject to the San Francisco Residential Rent Stabilization and Arbitration

Ordinance because the rents are controlled and regulated by a government agency.

The Lease Agreement identifies the real property at issue as 25 Essex Street, #502, San Francisco, CA.
On October 19, 2015, Defendant transferred to unit #815 pursuant to a written unit transfer agreement.
The correct address, as stated in the Ten Day Notice to Quit served on the Defendant, is 25 Essex Street,

#815, San Francisco, CA.

Fist Amended ComplaintErrorromrr COMMUNITY HOUSING PARTNERSHIP

Rene Cazenave Apartments
Residential Lease Agreement

First Amended Comp laint

This residential lease (“Lease Agreement”) is made this 20th day March, 2014 between Community Housing
Partnership, as Management Agent (hereinafier referred to as “We” or “Us” or “Landlord” or “Management”)
and Rebekah Brooks as Resident (hereinafter referred to as “You” or “Your” or “Tenant”). We lease to You
and You rent from Us the dwelling Unit, described as follows:

A studio dwelling unit designated as unit #502 or residence address, hereinafter referred to as the “Unit” of the
Rene Cazenave Apartments (hereinafter referred to as the “Development”) jocated at 25 Essex Street, San
Francisco, CA_94105, together with fixtures, accessories, and the following appliances and furniture:

(1) two-burner stove top, (1) refrigerator (1) microwave, (1) twin mattress, (1) twin box spring, (1) twin bed

frame, (1) table, (1) chair, and (1) dresser.

~~ Explanation of the. Housing Program: This community is operated in accordance with the requirements of the

‘Low Income Housing Tax Credit Program (CLIHTC’) governed by Section 42 of the Internal Revenue Code,
the Affordable Housing Program (“AHP”) governed by 12 CFR 1291, requirements of the City & County of
San Francisco Local Operating Subsidy Program (“LOSP”), requirements of the San Francisco Department of
Public Health (“SF DPH”) Direct Access fo Housing (“DAH”) program, the State of California Mental Health
Services Act (“MHSA”), Housing Opportunities for People With AIDS (HOPWA), AND with the Multifamily
Housing Program (hereinafter “MHP") administered by the California Department of Housing and Community
Development (“HCD”) pursuant to Chapter 6.7, commencing with Section 50675, Part 2 of Division 31 of the
Health and Safety Code. Your initial occupancy and continued occupancy are subject to the eligibility
requirements of LIHTC, AHP, MHSA, LOSP, SF DPH, DAH, HOPWA and MHP (collectively the
“program”). You must cooperate with management in certifying and maintaining Your eligibility for the
Program.

This lease is subject to the following terms and conditions:

1. Regulations. This lease and Your occupancy of the Unit are governed by the Regulations (hereinafter
the “Regulations”) of a) the State of California, Tax Credit Allocation Committee (“TCAC”); and b) the
MHP Program of HCD. If any terms of this lease are inconsistent or in conflict with the Regulations,
then {be most restrictive of the affected Regulations shall control.

2. Term. This lease, and Your right to take possession and to move in, will begin on March 20, 2014 and
Will end on March 19, 2015(one year), or until terminated by cither You or Us as provided in this lease.

At the end of the term stated above, Your occupancy will continue and convert to a month-to-month
tenancy, by mutual agreement between You and Us.

3. Rent.

Page 1 of 42

EXHIBIT ZAcayenne COMMUNITY HOUSING PARTNERSHIP

Rene Cazenave Apartments

Residential Lease Agreement

You agree to pay $173.00 for the partial month ending on March 31, 2014. After that, You agree
to pay the net rent for the Unit of $ 448 per month by or on behalf of You to Us at the following
address: 25 Essex Street, San Fi California, 94105 — Proy M ’s Office. The
monthly Rent shall be paid in advance on or before the first day of each month and is late on the
sixth day. If rent is not paid by 5:00 p.m. on the 5th day, You may be charged a late rent charge
of $20.00. Tenant and Landlord agree that Landlord will sustain damage on account of any late
payment of rent, but that it will be impracticable and extremely difficult to specify the actual
amount of such damages. The parties therefore agree that this late charge represents a fair and
reasonable estimate of the damages that Landlord will incur by reason of the late payment of
rent. Any check retumed for non-sufficient funds or if You instruct Your bank to stop payment
will be considered as a non-payment of rent. A $20.00 dishonored check fee will be charged to
You in addition to the late fee, if applicable. Two (2) such returned checks will warrant all
future rents be paid by money order or cashier’s check. Management will determine that You
are able to pay by check only if rent has been paid on time for three (3) consecutive months
following the date of the latest retumed checks. The rent amount shown above inciudes a
deduction for the utility allowance for the Unit as established by the Program.

We will adjust the initial rent described above as allowed by the Program requirements annually,
except that the first year adjustment may occur within less than twelve (12) months to coincide
with the Development fiscal year. We will provide You with thirty (30) days’ written notice, or
more, if required by law, prior to the effective date of any rent adjustment.

(i) Increase in Area Median Income (“AMI”) limits. Your rent is based on AMI figures as
released annually by HCD. The AMI figures report the income of families of different sizes
as that income compares to the median income of all families of the same size within a
certain area of the state. As these figures increase annually, as they usually do, Your rent
may increase by the same percentage of increase. However, any increase in Your rent cannot
exceed 150% of “CPi” as defined in the MHP Regulations. CPI is a cost index indicating

how much prices change every year.

(ii) Income decrease. If Your income gocs down to an amount one or more levels below Your
current AMI bracket (defined on your Tenant Income Certification), where for instance, Your
household income is at 30% of AMI and Your income falls to 20% of AMI, Your rent may
decrease after Your next recertification.

(iii) Family composition change. If the number of people residing in Your Unit changes, You
may be required to change units or vacate the Development. If You have more people
residing in Your Unit than at Your initial occupancy, under some conditions, You may be
disqualified from the Program.

(iv) Student status change. If some or all of Your family members become students, or are 20
longer students and go to work, such changes may affect Your Program eligibility. Talk to

Page 2 of 42

V/ EXHIBITZ8
cited Amended ComplaintSeponrunine COMMUNITY HOUSING PARTN ERSHIP
Rene Cazenave Apartments
Residential Lease Agreement

Us before these student status changes occur so that We can advise You on how to maintain
Your eligibility.

(v) Disabled Unit modifications or features. If Your Unit contains special modifications or
features for disabled persons and no one in Your household has the need for these special
modifications or features You may be required to change units. If another household applies
to the Development and would only be able to participate in the Program if these special
modifications or features were made available We would contact You and arrange for Your
transfer to a Unit appropriate for Your household, Unless You or a member of Your
houschold becomes disabled and requires such modifications or features You agree to
transfer to another comparable Unit, without special modifications or features for disabled
persons.

(vi) Rent subsidy. Your Unit may be cligible for a rent subsidy from from LOSP. You will be
required to sign a subsidy agreement attached to this Lease Agreement and must abide by the
Program requirements in order to receive this subsidy. The rent You are required to pay may
increase or decrease based on the status of this Program but will not exceed rents allowed by
HCD.

4, Income Certification and Recertification.

A. Your eligibility to occupy this Unit is based on information that You have provided to Us
regarding Your household income and assets. You agree to provide Us cach year with updated
information on a form We provide You. You agree that all such information regarding household
income and assets provided to Us is true, complete, and correct to the best of Your knowledge. You
further agrec that failure to provide such information, or providing false or misleading information, may
result in a rent adjustment pursuant to Subsection B below as well as the termination of Your occupancy
and eviction from the Unit. You agrce that all information supplied by You shall be subject to
verification and inspection by representatives from the Program and the Us.

B. lf, upon recertification, Your income exceeds 80% of AMI, You will be required to pay rent in an
amount cqual to the maxim allowable under TCAC and HCD tules.

5. Security Deposit, You will pay to Us, in advance of occupying the Unit, a security deposit in the
amount of $448.00; which shall not excced the rent for one month. We may apply the deposit after You
vacate the Unit to repair any loss or damage caused by You or Your guests to the Unit or the
Development other than normal wear and tear. We also may apply the deposit for the payment of rent
duc and owing from You.

Prior to move-out, You have the right to request a preliminary inspection of the Unit and to be present
during that inspection, which will occur no earlicr than two weeks before the move-out and during
normal business hours. Such request will be provided by Us in a separate written notice within seventy-
two (72) hours of receiving a written or verbal notification (as provided for above) from You. At this
initial inspection, We will provide ‘You with an itemized statement specifying repairs or cleaning that are

Page 3 of 42

EXHiBiT.z¢

First Amended Come! asterSeeonenny COMMUNITY HOUSING PARTNERSHIP
Rene Cazenave Apartments
Residential Lease Agreement

proposed to be the basis for the deductions from Your security deposit. This may not be a final
accounting of deductions from the security deposit.

After You have moved from the Unit, We will complete a final inspection report. We will permit You
to participate in the final inspection, if You so request.

Within twenty-one (21) days after You vacate the Unit, We will repay the security deposit, less any
amounts deducted, to You at Your forwarding address or such other address as You may designate. At
the same time, We will provide You with a written, itemized statement describing the reason for and the
cost of any deductions from the deposit. Deductions which may be withheld from Your security deposit
may be, but are not limited to: unpaid rent, damages that are not due to normal wear-and-tear and are
not listed on the original Move-In Inspection report (attached to the Lease Agreement) or the initial
move-out report, charges for late payment of rent and returned checks, charges for unretumed keys, and
excessive cleaning costs (removal of trash, cleaning of appliances and carpets abused beyond normal
wear-and-tear). If You disagree with the amount deducied, You have the tight to ask to meet with Us
informally to discuss the disputed charges.

You understand that We will not count the security deposit toward the last month’s rent or toward repair
charges owed by You in accordance with paragraph 16 sub-section G.

Utilities. You will pay for Your ‘own telephone, TV, internet and cable services including all fees,
deposits, and charges therefore. If You choose to use a satellite service, You must notify Us and signa
Satellite Dish Agreement before establishing such services. There are restrictions on where the dish can
or cannot be mounted at the Development.

We will pay all other utility bills, including: Water, Sewer, Electricity, Gas and Garbage.

Use.

‘A. You shall use the Unit as, and only as, Your primary place of residence. You shall not cause or
permit any illegal activity or use in the Unit. The Unit shall be occupied only by members of Your
household consisting of ONE adult(s) (anyone cighleen (18) years of age and over) and ZERO
children (anyone under eighteen (18) years of age) with the following names. You must inform Us in
writing and receive written approval from Us prior to allowing another person to reside in the Unit.

List names of occupants.

Rebekah Brooks ~ N/A NiA

B. Extended Absence — You agree not to be absent from Your Unit for a period of time greater than
thirty (30) days. Any absence from the Unit greater than thirty (30) days without Our agreement and
consent constitutes an Extended Absence from the Unit and shall subject you to lease termination
and/or eviction for failure to meet Program responsibilities.

Page 4 of 42

Ww
F \ EXHIBIT ZOSeranronite COMMUNITY HOUSING PARTNERSHIP
Rene Cazenave Apartments
Residential Lease Apreement

10.

C. Keys and Locks — You agree not to install additional or different locks or gates on any doors or
windows of the Unit without written permission by Us. If We approve Your request to install such
Jocks, You agree to provide Us with a key for each lock. When this lease ends, You agree to return
all keys to the dwelling Unit to Us. We may charge You $5.00 for each key not returned or to
replace a lost key during Your tenancy.

Maintenance, You shall keep the Unit clean. All fixtures, accessorics, and appliances will be used in a
safe manner and only for the purpose they are intended. If You or Your guests cause or permit damage
to the Unit, You shall be liable for the cost to repair the damage. Where damage or disrepair is not the
responsibility of You or Your guests, We will repair and maintain the Unit, fixtures, accessories, and
appliances in accordance with applicable state and local laws concerning the condition of Unit and
common areas.

Remodeling and Alterations, You shall not undertake any of the following without first receiving our
written permission:

Change or remove any part of the appliances, fixtures or equipment from the Unit;

Paint or install wallpaper or contact paper in the Unit;

Attach awnings or window guards in the Unit;

Attach or place any fixtures or fences on the building, roof, common areas, or the
Development grounds;

e. Attach any shelves, screen doors, or other permanent improvements in the Unit.

SOP

Rules. You shall comply with writen rules (“House Rules”) We issue regarding use of the Unit and
common areas. We will provide a copy of the rules to You. Any amendment to the House Rules shall be
in writing and effective thirty (30) days after the notice thereof to You. You shall not cause or permit in
the Unit or in common areas, excessive noise or any other activity, which disturbs the peace and quiet of
other residents or neighbors. You shall not cause or permit any activity constituting a nuisance on or
about the Unit or which adversely affects the health or safety of any person, nor shall You interfere with
the management of the Unit. By initialing as provided, You acknowledge receipt of a copy of such
House Rules, a copy of which is attached to, and made a part of, this lease.

Rb

i.

12.

Sublease or Assignment. You shal} not sublease or assign this lease or any portion thereof. Tf You
attempt to sublease or assign this lease, this lease shall be null and void and no right to occupy the Unit
shall arise from any attempted sublease or assignment.

Entry and Inspection. Our Management Agent, or We, may enter and inspect the Unit after giving
written notice to You (unless You otherwise consent) for:

A. Making repairs;

Page 5 of 42

EXHIBIT z&Spronvannee COMMUNITY HOUSING PARTNERSHIP
Rene Cazenave Apartments

Residential Lease Agreement

13.

14.

15.

16.

First Anended Complaint

B. Inspecting for compliance with the terms of this lease;

Cc. Showing the Unit to prospective fenders, purchasers, residents, contractors, repair workers, Or
representatives from the Program. If You move before the Lease Agreement ends, We may enter
the Unit to decorate, remodel, alter or otherwise prepare the Unit for re-occupancy;

D. Performing pest control services;
E. Conducting annual and any other inspections.

Twenty-four hours or more, following delivery of the written notice, shall be considered reasonable
notice for the purpose of entry and inspection. In addition, our Management Agent or We may enter the
Unit without notice if necessary in an emergency, such as fire, flooding or medical emergency. Welfare
checks will be performed for residents who have not been seen by Us (without prior notice) for several
days.

Joint Responsibility, You must be cighteen (18) years of age or older, or an emancipated minor n0t
under the care of a parent or guardian, to sign this lease. You acknowledge that this lease is betwecn
each person executing this lease jointly and individually and Us. In the event of default by anyone, each
and every remaining person who executed the lease shall be responsible for payment of the total rent
stated in Paragraph 3 (or as amended by Paragraph 4) and for all other provisions of the lease.

Hold Harmless and Waiver. We do not provide insurance for Your personal property. You agree to
indemnify Landlord for any liability arising before the termination of this lease for personal injury or
property damage caused by the negligent, willful, or intentional misconduct by You, Your guests or
invitees. Except for our own negligence We shall not be liable to You or any other person or entity for
any damage to their person or property caused by water, rain, snow, frost, fire, earthquake, storm and
accidents, or by breakage, stoppage, or leakage of water, gas, heating and sewer pipes or plumbing,
upon, about, or adjacent to said premises. Except for ous own negligence We shall not be liable for any
damage occasioned by bursting or Jeaking or running pipes or tanks or receptacles or by leakage through
the roof, windows or any doors. Moreover, ‘We shall not be liable for any such damage arising from acts
of the occupants of the premises or the owners or occupants of adjoining properties.

Possession. If We are unable to deliver possession of the Unit at the time this lease begins, We shall not
be liable for any damage causcd thereby, nor shall this ease be void or voidable, but You sball not be
liable for rent until possession is delivered. You may terminate this lease by written notice to Us if
possession is not delivered within three days of the beginning of the term of this lease.

Your Obligations, You agree to:
A. Comply with all obligations imposed upon You by state and local building codes materially

affecting health and safety.

Page 6 of 42

EXHIBIT ZFSPrORTUNITY COMMUNITY HOUSING PARTNERSHIP
Rene Cazenave Apartments
Residential Lease Apreement

B. Keep the Unit and such other areas as may be assigned for Your exclusive use in a decent, clean,
sanitary, and safe condition, and the inside of Unit maintained according to acceptable
housekeeping standards.

Cc. Dispose of all garbage, rubbish, and other waste from the Unit in a sanitary and safe manner.

D. Use only in a reasonable manner, and in a manner designed to conserve gas and electricity, all
electrical, plumbing, sanitary, beating, ventilating, air conditioning, and other facilities and
appliances.

E, Promptly notify Us of the need for repairs to the Unit and of any unsafe conditions on the
grounds or common areas of the Development.

F. Refrain from, and cause Your household and guests to refrain from destroying, defacing, or
removing any part of the Unit or Development, including, but not limited to, placing contact
paper, decals, or paint on the Unit.

G. Pay for the repairs or damages to the Unit, Development building, facilities, or common areas
that You, Your household or guests intentionally or negligently cause, except for normal wear
and tear, and do so within thirty (30) days after receipt of our demand for the repair charges, and
rent for the period the Unit is damaged, whether or not the Unit is habitable.

H Conduct and cause other persons who are in the Unit with Your consent to conduct themselves in
a manner that will not disturb neighbors’ peaceful enjoyment of their accommodations and will
be conducive to maintaining the Development in a decent, safe, and sanitary condition.

L Refrain from illegal activity or any other activity that impairs the physical or social environment
of the Development.

J Not park in common driveways or block access to emergency vehicles,
K Comply with the written rules referred to in Paragraph 10 above.

L. Recertify annually Your housebold size and income in accordance with all Program
requirements.

17. Our Obligations. We agree to:
A. Comply with the requirements of state and local building and housing codes and Regulations
materially affecting health and safely.

B. Within a reasonable time, make or require necessary repairs to the Unit to keep it ina habitable
condition.

Page 7 of 42

First Amended. Complaint EXHIBITZGEpeberantee COMMUNITY HOUSING PARTNERSHIP
Rene Cazenave Apartments
Residential Lease Agreement

Cc. Keep the Development building, facilities, and common areas, not otherwise assigned to You for
maintenance and upkeep, in a clean and safe condition. Regularly clean afl common areas of the

Development.

i D. Maintain in good and safe working order and condition electrical, plumbing, sanitary, heating,
ventilating, and other facilities and appliances supplied or required to be supplied by Us.

E. Arrange for the collection and removal of trash and garbage from the Development.
F. Maintain exterior lighting in good working order.
G. Provide extermination services as necessary.

18. ‘Yermination and Eviction.

A. Caution: If You terminate Your lease early, You may be liable for rent until the end of Your lease
or until the Unit is re-rented, whichever comes first. In addition, You may be liable for re-renting
costs, such as for advertising. If You give Us thirty (30) or more days notice of Your intent to
terminate Your tenancy, We may be able to re-rent Your Unit quickly so that there will be no

additional rent charges.

B. You agree to vacate the Unit no later than the expiration date of Your notice of intent to terminate
Your tenancy, remove all Your personal property, and leave the Unit clean and in good repair.

C. If We propose to terminate this Lease Agreement, We agree to give You written notice of the
i proposed termination. You will have either three (3) or ten (10) days upon receipt of the termination
i notice to meet and discuss the matter with Us-—reference to the specific number of days will be
| contained within the specific notice. If We arc terminating this Lease Agreement for “good cause”
| as stated below, You must receive the termination at least three (3) days before the date You will be
i required to move from the Unit. Notices of proposed termination for other reasons must be given in
| accordance with any timeframes sct forth in State and Local law and are referenced earlier in this
i

i

|

paragraph. All termination notices must i) specify the date this Lease Agreement will be terminated,
and ii) specify the grounds for termination with enough detail for You to prepare a defense.

You have the right of a court hearing and will be evicted only as a result of a judicial judgment.
We may terminate this lease and, if necessary, evict You for “good cause” under the following
conditions:

(1) You fail to maintain eligibility under the Program.

(2) You materially non-comply with the lease, by committing one or more substantial

violations of the lease, such as not paying the rent or other amounts due after expiration
of a three (3) day notice to pay or quit; causing significant damage to the Unit and not

Page 8 of 42

Fist Amended. Complaint EXHIBIT.ZH| EQUAL HOUSING
‘OPPORTUNITY

COMMUNITY HOUSING PARTNERSHIP
Rene Cazenave Apartments

(3)

@)
6)
6)

Mm

@)
i (9)

(10)

| Frat Amended Complaint

Residential Lease Agreement

reimbursing Us for the repairs within thirty (30) days; repeated late payment of rent;
serious or repeated damage to the Unit or common areas; creation of physical hazards;
and giving Us false information regarding income or other factors considered in
determining Your eligibility to live at the Development.

You commit habitual minor violations of the lease which:

(i) adversely affect the health and safety of any person or the right of any tenant to
the quiet enjoyment of the leased Unit and related Development facilities;

(ii) substantially interfere with the management, maintenance, or operation of the
Development; or

Gii) result from the failure or refusal to pay, in a timely fashion, rent or other
permitted charges when due. Failure or refusal to pay in a timely fashion is a
minor violation if payment is made during the three (3) day notice period.

You substantially fail to carry out obligations under state or local law.
You sublet all or any portion of Your Unit.

You are absent from your unit for a period exceeding of thirty (30) days or greater
thereby creating an Extended Absence from Your Unit referenced in Paragraph 7 above.

You commit any other action or conduct constituting significant problems that can be
reasonably resolved only by eviction, provided that We have previously notified You that
the conduct or action in question would be considered cause for eviction. Examples of
action or conduct in this category include but are not limited to Your refusal, after written
notice, to accept reasonable rules or any reasonable changes in the lease or the tefusal to
recertify income or household size.

You fail to move out after giving Us Your notice to terminate Your tenancy.

If, after the income recertification required by the Program, You exceed the maximum
income guidelines or You no longer meet the occupancy standards for the Unit or
Development. You shall vacate the ‘Unit and/or Development no later than one-hundred
twenty (120) days from such verification.

If You provide to Us additional evidence which establishes income eligibility prior to the
expiration of Your lease, Your lease shall not be terminated and We will adjust records
accordingly. .

D. Any notice of termination or eviction shall contain a statement of the facts constituting the
cause for the termination or eviction and a statement of Your rights under the grievance and appeal
procedure described below.

Page 9 of 42

EXHIBIT-ZLSproeroniry COMMUNITY HOUSING PARTNERSHIP
Rene Cazenave Apartments

20.

21.

23.

24.

Residential Lease Agreement

Grievance and Appeal Procedure. We have adopted a procedure for the resolution of disputes arising
out of this lease or Your occupancy of the Unit. The procedure establishes Your right to a hearing on
grievances related to Your occupancy and appeal of any of our decisions regarding Your occupancy,
including notices of termination and eviction. By initialing as provided, You acknowledge receipt of
such procedure upon occupancy.

nitials)

Megan’s Law. The California Department of Justice, Sheriff's departments, police departments serving
jurisdictions of 200,000 more and any other focal law enforcement authorities maintain for public access
‘a database of the locations of persons required to register pursuant to paragraph (1) of subdivision (a) of
Section 290.4 of the Penal Code. The database is updated on a quarterly basis and a source of
information about the presence of these individuals in the neighborhood. The Department of Justice also
maintains a Sex Offender Identification Line through which inquiries about individuals may be made.
This is a “900” telephone service. Callers must have specific information about individuals they are
checking. Information regarding the neighborhood is not available through the “900” telephone service.

Waiver, Our failure to insist upon the strict performance of the terms, covenants, agreements, and
conditions contained herein, or any of them, shall not constitute or be construed as a waiver or
relinquishment of our right thereafter to enforce any such term, covenant, agreement, or condition, but
the same shall continue in full force and effect.

Additional Lease Provisions. Additional provisions are incorporated and attached to this lease as
Exhibits.

Acknowledgment. As consideration for Your continued fulfillment of the terms and conditions of this
lease, We agfee that You may, during the effective period of this lease, have and enjoy the use of the
Unit described above.

Discrimination Prohibited, We agrce to not discriminate based upon race, color, religion, creed,
national origin, sex, age, handicap, familial status, marital status, sexual orientation or membership in a
class, such as unmarried mothers or recipients of public assistance.

Hazards. You shall not undertake, or permit Your family or guests to undertake, any hazardous acts or
do anything that will increase the Development’s insurance premiums. 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 You, You 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.

Governing Law. This Lease Agreement and the performance thereof shall be governed, interpreted,
construed, and regulated by the laws of the State of California.

Page 10 of 42

EXHIBIT Z 7Srronvonn® COMMUNITY HOUSING PARTNERSHIP
Rene Cazenave Apartments

27.

Rasidential- Lease Apreement

CONTENTS OF THIS LEASE AGREEMENT, This Lease Agrecment, its Attachments and
‘Addenda, make up the entire agreement between ‘You and Us regarding the Unit. [f any Court declares
a particular provision of this Lease Agrecment to be invalid or iMlegal, all other terms of this Lease
Agreement will remain in effect and both Management and You will continue to be bound by them.

[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK}

Page 11 of 42

EXHIBIT-LKEQUAL HOUSING
OPPORTUNITY

COMMUNITY HOUSING PARTNERSHIP
Rene Cazenave Apartments

Management Agent: Cou munity Housing

Residential Lease Agreement

Signature Page

— ~
By (Staff Signaty@): SO)

OR

Name: (Ate

Sp 1_f Asst. Property Manager _/_Pro perty Manager
25 Essex Street, San Francisco, CA 94105

Date: “ol 2 VAS

Telephone Number: (415) 767-3400

Resident | N fn

Date:__ 5
7

By (Co-Resident Signature): _

Co-Resident Name:

Date:

By (Co-Resident Signature):

Co-Resident Name:

Date:

Exhibits:

9)

Notice of Right to Reasonable Accommodation

Low Income Housing Tax Credit Lease Rider
Multifamily Housing Program (MHP) Lease Addendum
Property Management Grievance and Appeal Procedure
Rene Cazenave Apartments House Rules

Animal Agreement

Local Operating Subsidy Program (LOSP) Agreement
Pest Prevention Addendum

Megan's Law Disclosure Requirement

1¢) Move In/Move Out Inspection Report

Documents in Packet:

11) Reasonable Accommodation Policy
12) Megan’s Law Attachments — Keeping Yourself Safe & Internet Safety Tips

Frat Amended Complaint

Page 12 of 42

EXHIBIT-24Eeeearonte COMMUNITY HOUSING PARTNERSHIP
Rene Cazenave Apartments
Residential Lease Apreement

Rene Cazenave Apartments, 25 Essex Street San Francisco, CA 94105
Notice of Right to Reasonable Accommodation

Community Housing Partnership will make every reasonable effort to accommodate individuals with special
needs so that they are able to live, work and/or receive services adequately and comfortably. These
accommodations may include but are not limited to requirements related to visual, audio, language, ergonomic,
physical, psychiatric, and other medical needs. These accommodations may be offered to any individual who
requires them and who would otherwise not be able to live, work or access services in this particular
environment.

It is the intent of this policy to create a life, work and service delivery environment which is respectful of all
people’s differences and special needs, and to make all reasonable accommodations in order to welcome diverse
perspectives. It is also our intent to make these accommodations in a timely and efficient manner SO that
minimal impact is felt by all parties involved. It should be noted that these accommodations will be made at the
expense of the Community Housing Partoership.

if you have a physical or montal disability, and as 2 result, you need...

*  Achange or repair in your housing unit that would give you an equal chance to live here and benefit from the use
of your apartment.

« Achange or repair to some other part of the housing site that would give you an equal chance to live here and use
the facilities or programs on site.

© Achange in the rules or policies or how we do things that would give you an equal chance to live bere and use the
facilities or take part in programs on site.

* Achange in the way we give you information.

© Anaccessible unit, The accessible units comply with UFAS (Uniform Federal Accessibility Standards).
(Examples: there are a limited number of accessible units available at cach building that has been specifically
modified for persons with mobility impairments; there are also a limited number of units available for persons
with auditory or visual impairments. The Property Manager maintains the list of accessible units at each
building.)

Then you may ask for this kind of change, which is called a Reasonable Accommodation. What you ask for may be one
of the examples listed above or it may be any other change you need. Please contact a Community Housing Partnership
manager if you need this information in another format.

Your Request

If you can show that you have a physical or mental condition that needs this change, and if your request is reasonable (not
foo expensive and not tov difficult to arrange), we will try to make the changes you ask for.

\ Page 13 of 42

Fat Amended Complatnt EXHIBITZMsae onroNee COMMUNITY HOUSING PARTNERSHIP
Rene Cazenave Apartments
Residential Lease Agreement

You can ask for a Reasonable Accommodation by contacting the Property or Program Manager at his or her office. You
may be asked to fill out a Reasonable Accommodation Request form. Staff can assist you with your request.

Qur Response

We will give you an answer within 2idays of our receiving your written request, unless there is a problem getting the
information we need, or unless you agrec to a longer time. We will let you know if we need more information or
verification from you or if we would like to talk with you about other ways to meet your needs.

If we deny your request, we will explain the reasons in writing and you can give us more information, if you think that
will help. You may also appeal our decision and we will tell you how.

Confidentiality

All information you provide will be kept confidential and will be used only to help you have an equal opportunity to enjoy
our housing, services and programs.

Acknowledgement

| acknowledge that I have received a copy of the Notice of Right to Reasonable Accommodation and blank Reasonable
Accommodation Request forma.

Lae od -ppaacrr __ apolid

Signatore (acknowledging receipt) YD

Signature (acknowledging reccip)) “Date

Page 14 of 42

EXHIBIT-ZNSaeoeromty COMMUNITY HOUSING PARTNERSHIP
Rene Cazenave Apartments
Residential Lease Agreement

LOW INCOME HOUSING TAX CREDIT LEASE RIDER
(to be attached to resident tease)

Property Name: Rene Cazenave Apartments
Unit #:502

Household Name: Rebekah Brooks

Dear Resident or Applicant:

The owner(s) of this property rents residential units under the federal Low-Income Housing Tax Credit Program
(the “program”) administered by the California Tax Credit Allocation Committee (T' CAC). Under the program,
the owner has agreed to rent some or all of the units in the property to jow-income households and restrict the
rents for those units. Another protection provided by federal law is that Low income Tenants may not be
evicted without good cause. The following Lease Rider is an important part of ensuring your rights to good
cause for eviction.

The Lease or Rental Agreement dated March 20, 2014 is hereby amended by adding the following provision:

Lease Rider: Good Cause for Eviction or Nonrenewal of the Lease
Owner may not terminate the tenancy or refuse to renew the Lease or rental agreement of a Low Income
Tenant except for good cause, including a serious or repeated violation of the material terms and conditions of
the Lease, or a violation of applicable Federal, State, or local law. To terminate the tenancy or refuse to renew
the Lease, Owner must provide written notice to the tenant of the grounds with sufficient specificity to enable
the tenant to prepare a detense. The notice must be setved at least three days before the termination of
tenancy, and must comply with ail requirements of California law and other applicable programs. Tenant has
the right to enforce this requirement in state court, including presenting a defense to any eviction action
| brought by Owner.

To the extent that any terms contained in the Lease or rental agreement, or any other agreement between the
owner and the tenant, contradict the terms of this Rider, the provisions of this Rider shall control.

By signing | below, | indicate my consent to this Lea Rider. 4 mt i.
oysigango roomy gh Shae
Property Representative Name (print) 6 (sighature) NG Date

By signing below, ! indicate my consent to this Lease Rider. I/we have been given a copy of this Lease

Rider. i bef 4.2 “ |
Rebekah Brooks, Lahebob Poet A LU
Resident or Applicant Name (print) (signature)

Hesident or Applicant Name (print) . (Signature) Date ”
Resident or Applicant Name (print) ~ (signature) Date

Page 15 of 42

Great Amended Complaint _ EXHIBITZOStrona COMMUNITY HOUSING PARTNERSHIP
Rene Cazenave Apartments
Residential Lease Agreement

NOTICE - GOOD CAUSE EVICTION PROTECTION

‘As d resident in a “Housing Tax Credit Program” rental unif, you have a right to confinue living in
your rental unit unless you do something that gives your landlord “good cause" to evict you, This
notice provides basic information about your rights.

Why are you being notified of your right against eviction without “good cause"?

The federal law that created the Housing Credit Program requires this protection. The
California Tax Credit Allocation Committee requires your landlord to notify you and amend
your lease, You and your landlord must also sign the “Lease Rider’ to make this important
resident protection part of your lease. This “Lease Rider" has already been signed by your
Jandlord and shouid be attached to this notice for your signature.

What is “good cause” for your landlord to evict or to terminate your tenancy?

There is no specific list of “good causes” to evict residents. Rather. this matter has been left

to the courts to decide and define. However, your landlord would have “good cause” if
you commit a serious or repeated Violation of the significant terms of your lease. Some
examples of what might be considered good cause are failure to pay rent on time, iaiiure
to cooperate with legal recertification requirements, and
engaging in illegal activily on the premises.

L Gan your landlord refuse to renew your jease without showing good cause? ‘|

No, Ihe owner must have good cause for any eviction or termination of tenancy, including
a refusal to renew your lease when if expires.

What if your lease does not yet include protection against being evicied without “good cause"?
Even if your lease does not state this protection, you have the right NOT to be evicted
without "good cause.” To strengthen this protection, you should immediately sign and return

the "Lease Rider.”

Page 16 of 42

EXHIBIT2 PSteontoat? COMMUNITY HOUSING PARTNERSHIP
Rene Cazenave Apartments

Residential Lease Agreement

Eist Amended Complarnt

L What procedures mus