Complaint,Petition: CHARLES JOHNSON VS. GLINDA M GREEN et al

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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Apr-21-2009 2:00 pm

Case Number: CUD-09-629198
Filing Date: Apr-21-2009 2:00
Juke Box: 001 Image: 02471886
COMPLAINT

CHARLES JOHNSON VS. GLINDA M GREEN et al

001002471886

Instructions:
Please place this sheet on top of the document to be scanned.& &
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al Al (NEY UMD, ) c re
COURTS. OLER (bar No. 63685) Fon count use omty
- LAW OFFICES OF CURTIS G. OLER .* :
Bon francisco, California, 94115 I9ARZT PNG
San Francisco, California MOO APR ri oe
eamronens: 4152 346-8015. raxwo cous: 415-346-8238 ms 1329
EARAIL ADORESS (Optone): woe CORES ALA-LL Clipe
attorney ror qvener: Plaintiff, ef
T OF CALIFORNIA, COUNTY AN
SUPERIOR OUR Ton 400 Meallister Street SAN FRANCISCO BY )
MALLING ADDRESS: * : ~
ervanozpcore: San Francisco, California 94102
BRANCH NAME: |
puawntire: CHARLES JOHNSON
DEFENDANT; GLINDA M. GREEN
poEs 1T0 10
COMPLAINT — UNLAWFUL DETAINER* CASE NUMBER:
(2 compLaint AMENDED COMPLAINT (Amendment Number}: | CUD-09-629198
Jurisdiction (check all that apply):
ACTION IS A LIMITED CIVIL CASE
Amount demanded [7] does not exceed $10,000
11 exceeds $10,000 but does not exceed $25,000
(J ACTIONIS AN UNLIMITED CIVIL CASE (amount demanded exceeds $25,000)
C1 action is RECLASSIFIED by this amended complaint or croas-complaint (check all that apply):
[1 trom untewtut detainer to generat uniimited clvil {possession not In Issue) {1 trom timited to untimited
[1 trom untawful detainer to general limited clvil (possession not In Issue} [1 from untimited to timited
1, PLAINTIFF (name each):
CHARLES JOHNSON

alleges causes of action against DEFENDANT (name each):
GLINDA M. GREEN

2. a Plaintiftis (1) an individual over the age of 18 years. (4) [_] apartnership.
(2) (] apubtic agency. (8) (2) acorporation.
(3) (1 other (specify:
b. [£) 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):
1760 McKinnon Street, Apartment B, San Francisco, California 94124

4. Plaintiff's Interest in the premises Is asowner [—_] other (specify):
5, The true names and capacities of defendants sued as Does are unknown to piaintiff.
a. Onor about (date); August 15, 2008 defendant (name each):

Glinda M. Green

*SF Housing Authority pays $1,119.00 of said amount
{1) agreed to ‘Bathe por Pays month-to-month tenancy [__] other tenancy (specify):

(2) agreed to pay rent of $1,300.00* payable [7] monthly [7] other (specify frequency):
(3) agreed to pay rent onthe [7] firstof the month (1 other day (specify):
b. This written [[_} oral agreementwas made with
(1) C21 plaintitt. {3) (J plaintiffs predecessor in interest.
(2) C2) plaintiffs agent. (4) [21 other (specify):

“NOTE: Do not use this form for evictions after sale (Code Civ. Proc., § 1161a). - Paget of 3
Feruee Canada carone COMPLAINT—UNLAWFUL DETAINER Coon cn Pace eno OS
(UD-100 [Rev, Juy 1, 2005] ‘www courtinio £8 gov

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|_PLAINTIFF (Name): CHARLES JOHNSON CASE NUMBER:
DErenoant(veme): GLINDA M. GREEN CUD-09-629198

(21 The defendants not named in item 6a are

aC

(1) C1 subtenants.

(2) (2) assignees.

(3) C21 other (specify): Unknown

The agreement was later changed as follows (specify):

e. [21 Acopy of the written agreement, including any addenda or attachments that form the basis of this complaint, is attached

Co

7a

6
«

and labeled Exhibit 1. (Required for residential property, unless item 6f is checked. See Code Civ. Proc., § 1166.)
(For residential property) A copy of the written agreement is not attached because (specify reason):
a) [1] the written agreement is not in the possession of the tandlord or the landlord's employees or agents.
(2) C1] this action ts sotety for nonpayment of rent (Code Civ. Proc., § 1161(2)).
Defendant (name each):
Glenda M. Green

*Covenants or Surrender Possession
was served the following notice on the same date and in the same manner.
(1) (1 3-day notice to pay rent or quit (4) [1 = 3ay notice to perform covenants or quit

(2) C2) 30-day notice to quit (5) (]  3day notice to quit
(3) L] 60-day notice to quit (6) E21 Other (specity: 3 Day Notice to Tenant to Perform *
(1) On (date): February 27, 2009 the period stated in the notice expired at the end of the day.

(2) Defendants faited to comply with the requirements of the notice by that date.
All facts stated in the notice are true.
‘The notice included an election of forfeiture.

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

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

The notice in item 7a was served on the defendant named in item 7a as follows:

(1) CZ by personally handing a copy to defendant on (date): February 24, 2009

(2) 21 by teaving a copy with (name or description): ,
a person of suitable age and discretion, an (date): at defendant's
(1 residence [_] business AND mailing a copy to defendant at defendant's place of residence on
(date): because defendant cannot be found at defendant's residence or usual
ptace of business.

(3) [1 by posting a copy on the premises on (date): {AND giving a copy toa
person found residing at the premises AND mailing a copy to defendant at the premises on
(date):

(a) (1) because defendant's residence and usual place of business cannot be ascertained OR
(o) [1 because no person of suitable age or discretion can be found there.

(4) (2) Wot for 3-day notice; see GWil Code, § 1946 before using) by sending a copy by certified or registered
mail addressed to defendant on (date):

(5) () (Not for residential tenancies; see Civil Code, § 1953 before using) in the manner specified in a written
commercial lease between the partes.

(Name):

was served on behalf of all defendants who signed a joint written rental agreement,

Information about service of notice on the defendants alleged in item 7fis stated in Attachment 8c.
Proof of service of the notice in item 7a is attached and labeled Exhibit 3.

{UD-100 fRev. Juty 1, 2005] Pagezols

COMPLAINT—UNLAWFUL DETAINER

ae LS RANTS OE FFG POo
. & &
[_PLAINTIFF (Name): CHARLES JOHNSON CASE NUMBER:
DEFENDANT(Nome): GLINDA M, GREEN CUD-09-629198

9. [—] Ptaintitt demands possession from each defendant because of expiration of a fixed-term lease.
10. [ 2) atthe time the 3-day notice to pay rent or quit was served, the amount of rent due was $ °°" -
41 The fair rental vatue of the premises Is $ 6.03 per day.
12. [=] Defendant's continued possession is malicious, and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b). (State specific facts supporting a claim up to $600 in Attachment 1. 2)
£1) written agreement between the parties provides for attomey fees.
EZ] 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):

San Francisco Residential Rent Stabilization and Arbitration Ordinance, June, 1979

Plaintiff has met all applicable requirements of the ordinances.
15. (J other attegations are stated in Attachment 15.
16. Plaintiff accepts the jurisdictional limit, if any, of the court.
17, PLAINTIFF REQUESTS

a, possession of the premises. + [Z damages at the rate stated in item 11 from

b, costs incurred in this proceeding: (date): March, 2009 for each day that

c. (2) past-due rent of $ defendants remain in possession through entry of judgment.

d. [-_] reasonable attomey fees. . [2 statutory damages up to $600 for the conduct alleged in item 12.
e. CZ) forfeiture of the agreement. n. J) other (specify):

18. [2] Number of pages attached (specify): 29

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

19. (Complete in all cases.) An unlawful detainer assistant didnot [7] did for compensation give advice or assistance
with this form. (/f plaintiff has received any help or advice for pay from an unlawful detainer assistant, state:)
a. Assistant's name: c. Telephone No.:
b. Street address, city, and zip code: d. County of registration:
e. Registration No.:
1. Expires on (date):

Date: April 21,2009

CURTIS G.OLER p ban

{TYPE OF PRINT NAME) {SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verification form if the verification is by an attorney or for & corporation or partnership.)

1am the plaintiff in this proceeding and have read this complaint. 1 declare under penalty of perjury under the laws of the State of
California that the foregoing Is true and correct.

Date: April 21, 2009

CHARLES JOHNSON b [! i “2

(TYPE OR PRINT NAME) tSonarune pe PUBF)

|, 2005)
{UO Rew Ay 1, 208) COMPLAINT—UNLAWFUL DETAINER moe

mney Pa Fry pHAry

EXHIBIT 1

nm"

EXHIBIT 1

ND OS YT WOE HEY: “or

, ro = *
a ees “Aan FRANCISCO HOUSS.«G AUTH. HOUSING assisTeee’ PAYMENTS CONTRACT
ee
. wo fy LEASED HOUSING DIVISION (HAP CONTRACT)
ee ee
j 1815 EGBERT STREET . SECTION 8 TENANT-BASED ASSISTANCE
. 5AN FRANCISCO, CA 94124 HOUSING CHOICE VOUCHER

£415) 715-32B80/7 15+3287-FAX

Part A of the HAP Contract: Contract Information

we
1. Contents of Contract
This HAP Contract has three parts;
Part A: Contract Information :
part DB: Body ‘af Gontrart "of toys -
Part C: Tenancy Addendum n

2. Tenant: GLINDA M GREEN

3. Contract Unit —
: 4 1760 MGKINNON AV B - ”
SAN FRANCISCO, CA 94124 .

4, Household: 1:
The following persons may reside in the unit. Qther persons
s may not be added to the household without prior written
approval of the owner and the PHA:

e

GLINDA GREEN M

5. Initial Lease Tern,”
The initial lease,term begins on 08/15/08.
The initial lease term ends on 07/31/09.
“

6. Initial Rent to Owner
The initial rent to awner 1s 1,300.00.

7. Initial Housing Assistance Payment (HAP) - . ‘
The initial HAP shall be 1,119.00.
The HAP contract term commences on the first day of the
4nitial lease term, At the beginning of we HAP contract term,
the amount of the housing assistidneé “paym HY Up yen PHA to the

owner is 1,119.00 per month.

. bs ee ee

The amount of the monthly housing assists ce_payments by the
PHA to’ the owner is subject to change during the HAP contract
sterm in accordance with -hUD reaulyenent>: -

* Ja. Initial Tenant Rent
r Tne initial tenant rent is 27
v

Ten? Rent t_103.- HAP $634.- ~

Proration: Mo. AUG__ Daysba : ee

a c..
week BL Utilities and ¥,pliances

appliances indicated below by an “O".

e

—

The owner shat? provide or pay for the utitities and

The tenant shat? pay or
provide the utilities and appliances indicated below by a "Tt".
Unless otherwise specified betow, the owner shall pay fur a1}

utilities and appliances provided by the owner,

Item - LANDLORD

Heating Nat. Gas
3 Bottle Gas
O11 or Electric
Coa! or Other
Cooking Nat. Gas
Bottle Gas
O11 or Electric
Coal or Other
Other Electric
Air Conditioning
Water Heating Nat. Gas
» @ © # “y Batttd Gas .'..-
Oil or Electric |
* Coal or other
Water
w Sewer
w= Trash Collection
Refrigerator
Range
Microwave
Other (specify? _.

9. Security Deposit

TENANT

The security deposit requested by the owner is 2,798.00.
The owner may not request 4 security deposit in excess of the
Yocal Jaw,

amount legally permitted by State and

“Signatures

Public Housing Agency: Owner: JOHNSON, CHARLES

San Francisco
Houg? Authority

\

Pauieet
Supervisor of Inspectians

* a Print
¢ 1 j >
Ag 23 “g/t

Date . Date

2 of 10

fowe “SAN FRANCISCO HOU@™ 16 AUTHCRIT TCHANT/&_.ER. ASSISTCD LEAST
_« LEASED HOUSING OIVISTON SECTION & HOUSING CHOTCE
1815 EGBERT STREET VOUCHER PROGRAM

SAN FRANCISCO, CA 94124
735-3280/0415) 715-32R87-Fax

{418)

1. Parties: oe ' *
Landlord JOHNSON, CHARLES
Address 10 CAINE AVENUE

SAN FRANCISCO, CA 94112

TENANT GLINDA M GREEN

aeoteen WB . . *
VERANCISCO, CA 94124 :

’ in Rome te of. sthe following members:

OG

TNA 7

tern we of. aa sy
erm: of(le eS Mi eh

he term “OQ

N my" cr

Lease begins ‘oavis/08. and shal}

a ap §)

end on"07/31709. In the event that a new lease is not
executed, the tenancy shal} continue on a month to month hasis
effective the first of the month following the expiration

date of the lease term. The anniversary month of this Tease
shall be 08. .

4. Rent:
A.

$1, 119, 00 shall be payable by the PHA as a

housing, assistance payment on behalf of the

tenant.
$181.00 shall be. ‘Payable by the Tenant directly

"ee “Eo the landtord.
$ 1,300.00 per month is,the'total rent amount the
: Jandlord can collect for the unit.

The amount of the total monthly rent payable to the
Landlord during the term of the Lease (called the
“contract rent") shall be determined in accordance with
the Contraét~betweeh the-Landlord and the PHA.
The portion of the Contract. rent payable by the Tenant
(tenant rent") shall be an atount: determined by the
PHA in accordance with HUD regutattons and requirements.
The amount of the tenant rent is subject to change as
determined by the PHA during the term of the Lease. Any
change in the amount of the tenant rent will be stated
in a written notice by the PHA to the Tenant and the
Landlord, stating the new amount and the effective date
of the change. Initially and until? such change the
Tenant agrees to pay 181.00 per month to the
Landiord as the tenant rent. The rent is due ard payable
on the first day of the month; the initial rent payment
shall be prorated if the Lease does not begin on the
first day of the month.

— eres CaO STONE FAY PSJf

Me

D. The tenant rent, as determined by the™;'HA is the merxinum
amount the Landiord can require the Tenant to pay as rent
for the dwelling unit, including all services, maintenance

and utilities to be provided by the Landlord in accordance
with this Lease.

F. Each month, the PHA wit pay a housing assistance
to the Landlord or behatf of Lhe Tenant Family in
accordance with the Contract. The monthly nousing

wassistance payment jis the difference hetween the contract
rent and the tenant rent.

payment

s

Utilities and Appliances:

A, The Landlord shat? provide the-utilities indicated on the
Housing Assistance Payments Centract.

B. The Housing Assistance Payments Contract shall indicate
whether the appliances are to be provided by the owner or
tenant. In addition, it shall indicate whether any other
appliances shall be provided by the owner.

es eae < apes 7” : vag no

‘additional Terms and Conditions shall be specified under the

“Utilities and Appliances" section vf the Housing Assistance

Payments Contract under the heading of “Other (specify)".

Security Deposit:

The_Security Deposit requested by the owner is 2,798.00-

A security deposit shall be-paid by the tenant to the owner

as specified in the Housing Assistance Payments Contract, The
owner cannot request a Security deposit that is more than js
legally permitted. by State and loca? law.

THIS LEASE SUPERSEDES, ANY OTHER TENANT/LANDLORD AGREEMENTS
PREVIOUSLY IN EFFEC? We, the undersigned, have read\this lease
and by signing do hereby execute and agree to its terms as
supplemented by the Housing Assistance Payments Contract.

LANDLORDS): JOHNSON, CHARLES

“ft 6 ft el Pe UL, “Winn g

DATE SIGHATURE
3 atjo% x

SPGHATUR . ™ ATE SIGNATURE DATE

fropnts, (Mearerpp.. oe
TITLE © NER, LANDLORDY AGENT, MANAGER)

ety= =
u

Housing Assistance Payments Contract u.s. Department of Housing
(HAP Contract) and Urban Development
Section 8 Tenant-Based Assistance Office of Public and Indian Housing
Housing Cholce Voucher Program

OMB Approval No. 2577-0169
(exp. 07/31/2007)

Part B of HAP Contract: Body of Contract for ech breach include recovery of overpayments,

suspension ef housing essietance payments,
abatement or other reduction of housing assistance

1. Purpose

a. This is s HAP contract between the PHA and the
owner, The HAP contract is entered to provide
assistance for the family under the Section 8
voucher program (see HUD program regulations at

24 Code of Federal Regulations Part 982).

payments, termination of housing assistance
payments, and termination of the HAP contract. The
PHA may not exercise such remedies against the
owner because of an HQS breach for which the
family is responsible, and that is not caused by the
owner.

b. The HAP contract only spplies to the household and d. The PHA shall not make any housing assistance
contract unit specified in Part A of the HAP payments if the contract unit does not meet the
contract. HOS, unless the owner corrects the defect within the

c. During the HAP contract term, the PHA will pay period specified by the PHA and the PHA verifies
housing assistance payments to the owner in the correction. If a defect is life threatening, the
accordance with the HAP contract. owner must correct the defect within no more than

d. The family will seside in the contract unit with 24 hours, For other defects, the owner must correct
assistance under the Section 8 voucher program. The the defect within the period specified by the PHA.
housing assistance payments by the PHA assist the ¢. The PHA may inspect the contract unit and premises

tenant to lease the contract unit from the owner for

occupancy by the family.

at such times as the PHA determines necessary, (0

Ne eS SS OS A TY HP

ensure that the unit is in accordance with the HQS.
f. The PHA must notify the owner of any HQS defects

2. Lease of Contract Unit shown by the inspection.

The owner has leased the contract unit to the tenant & ne ¢ owner must provide all housing services 8
for occupancy by the family with assistance under "
the Section 8 voucher program.

b. The PHA has approved leasing of the unit in 4, Term of HAP Contract
accordance with requirements of the Section 8 a. Relation to lease term. The term of the HAP
voucher program. contract begins on the first day of the initial term of

¢. The lease for the contract unit must include word-
for-word all provisions of the tenancy addendum of the lease (including the initial lease term and any
required by HUD (Part C of the HAP contract). extensions).

d. The owner certifies that: >. When HAP contract terminates.

() The owner and the tenant have entered into & () The HAP contract terminates automatically if
lease of the contract unit that includes all the lesse is terminated by the owner or the
provistons of the tenancy addendum. tenant.

(2) The lease is in a standard form that Is used in (2). The PHA may terminate program assistance
the locality by the owner and that fs generally for the family for any grounds euthorized in
sed for other unassisted tenants in the accordance with HUD requirements. If the
premises. PHA terminates program assistance for the

(3) The lease is consistent with State and local family, the HAP contract terminates

the lease, and terminates on the test day of the term

law, automatically.
¢. The owner is responsible for screening the family’s @) Ifthe famity moves from the contract unit, the
behavior of suitability for tenancy. The PHA is not HAP contract terminates automatically.

responsible for such screening. ‘The PHA has no (4) The HAP contract terminates automatically 180
liability or responsibility to the owner or other calendar days after the fast housing assistance
persons for the family's behavior or the family’s payment to the owner,

conduct in tenancy. (5) The PHA may terminate the HAP contract if
the PHA determines, in accordance with HUD
Tequirements, thet ble program funding is
not sufficient to support continued assistance
for famities in the program,

3, Maintenance, Utilities, and Other Services

a. The owner must maintain the contract unit and
premises in accordance with the housing quality
standards (HQS).

b, The owner must provide all utilities needed to
comply with the HQS.

¢. If the owner does not maintain the contract ‘unit in
‘accordance with the HQS, or fails to provide all
utilities needed to comply with the HQS, the PHA
may exercise any available remedies. PHA remedies

form HUD-52644 (1/2007)

Previous editions are obsolete ref Handbook 7420.8

Page 3of 10opener emery neers fee eeee = HET

(6) The PHA may terminate the HAP contract if the
PHA determines that the contract unit does not
provide adequate spsce jn accordance with the
HQS because of an increase in fomity size ors
change in family composition.

qs Ifthe family breaks up, the PHA may terminate

the HAP contract, or may continue housing

assistance payments on behalf of family members
agiwtto Temain in the contract unit.

(8) The PHA may terminate the HAP contract if the
PHA determines that the unit docs not meet etl

requirements of the HQS, or determines that the
owner has otherwise ‘preached the HAP contract.

Provision and Payment for Utilities and Appliances

a
b.

e

‘The lease trast specify what utilities are to be provided
or paid by the owner oF the tenant.

‘The lease must specify what appliances ere to be pro-
vided or paid by the owner of the tenant.

Part A of the HAP contract specifies what utilities and

o
2

penatties for late payment by a tenant. However,
the PHA shall not be obligated to pay any late
penalty if HUD determines that late
wyment by the PHA is due to factors beyond the
PHA’s control. Moreover, the PHA shall not be
obligated to pay any tate payment penalty if
housing essistance payments by the PHA are
deteyed of denied as 8 remedy for owner breach
‘of the HAP centract (including any of the
following PHA remedies: recovery of
overpayments, suspension of housing essistance
payments, abatement oF reduction of housing
assistance payments, termination of housing
assistance payments and termination of the
contract).

(4) Housing assistance payments shall only be paid
to the owner while the femily is residing in the
contract unit during the term of the HAP contract.
The PHA shall not psy ® housing assistance
payment to the owner for any month after the
month when the family moves out.

$ b. Owner compliance with HAP contract. Untess the
spptiances are to be provided or paid by the owner of comer has complied with all provisions of the HAP
the tenant, The lease shall ‘be consistent with the HAP contract, the owner does not have a right to receive
contract. housing assistance payments ‘under the HAP contract.
¢. Amountof PHA payment to owner
Rent to Owners Reasonable Rent (1) The amount of the monthly PHA housing
a, During the HAP contract term, the rent to owner may at assistance payment to ‘owner shall _be
no ime exceed the reasonable rent for the contract unit determined by the PHA in accordance with HUD
a3 most recently determined or redetermined by the tequirements for # tenancy ‘under the voucher
PHA in accordance with HUD requirements, program.
tb, The PHA must determine whether the rent to owner Is (2) The amount of the PHA housing assistance
reasonable in comparison 10 rent for other comparebte payment is subject to change during the HAP
unassisted units. To make this determination, the PHA contract term in eecordance with
must consider: |. fequirements, The PHA must notify the family
(1) The Socation, quality, size, unit type, and age of and the owner of any changes in the amount of
the contract unig; and the housing assistance payment.
Any amenities, housing services, maintenance (3) The housing assistance t for the first
and utilities pravided and paid by the owner, month of the HAP contract term shall be pro-
¢. The PHA must redetermine the reasonable rent when rated for e partial month.
required in accordance with HUD requirements 4. Application of payment. The monthly housing
PHA may redetermine the reasonable rent at any time. assistance payment shatl be credited against the
4, During the HAP contract term, the rent to owner msy monthly rent to owner for the contract unit.
not exceed rent charged by the owner for comparable e. Limit of PHA responsibility.
pnassisted units in the premises, The owner must give (1) The PHA Is only responsible for making housing
the PHA any information requested by the PHA on assistance ts to the owner in sccordance
rents charged by the owner for other units in the with the HAP contract and HUD requirements for
premises or eisewhere. a tenancy under the voucher program.
Q) The PHA shalt not pay any portion of the rent to
PHA Payment to Owner owner In excess of the housing assistance
a. When paid yment, The PHA shatl not pay @ny other claim
(1) Doting the term of the HAP contract, the PHA by the owner against the family.
must make monthly housing assistance payments {Overpayment to owner. If the PHA determines that
fo the owner on behalf of the family at the the owner is not entitled to the housing, assistaice
beginning ofeach month. payment ‘of any part of it, the PHA, in addition to other
. remedies, may deduct the emount ‘of the overpayment
(2) The PHA must pay housing assistance payments from any amounts due the owner (including amounts
promptly when due to the owner, due under any other Section 8 assistance contract).
Q) If housing assistance payments are not paid
promptly when due ‘after the first two calendar 8, Owner Certification
Fmonths of the HAP contract term, the PHA shall During the term of this contract, the owner certifies that:

y the owner penalties in accordance with ‘The is Intaining the .
generaity accepted practices and law, 8s » i Sedan eh contract unit and
applicable in the local housing market, governing, premises in secordance with the HQS,

" " form HUD-S64t (1/2007)
Previous editions are obsolete Page 4 of 10 ref Handbook 7420.8b. The contract unit is lessed to the tenant, The lease ’.
includes the tenancy addendum (Part C of the HAP
contract), and is in accordance with the HAP contract
and program requirements, ‘The owner has provided the
tease to the PHA, including any revisions of the lease.
c. The rent to owner does not exceed rents charged by the
enmer for rental of comparable unassisted units in the
premises,
d. Except for the rent to owner, the owner has not
received and will not receive any payments or other ce
consideration (from the family, the PHA, HUD, or any
other public of private source) for rental of the contract
unit during the HAP contract term.
. The family does not own or have any interest in the

contract unit,

f£. To the best of the owner's knowledge, the members of 4
the family reside in the contract unit, and the unit is the
family’s only residence,

g. The owner (inetuding @ principal or other interested e

party) is not the parent, child, grandparent, grandchild,

sister, or brother of any member of the famity, unless

the PHA has determined (and has notified the owner f.
and the family of such determination) that approving

rental of the unit, notwithstanding much relationship,

‘would provide reasonable accommodation for a family

member who is a person with disabilities.

11. PHA and HUD Access to Premises and Owner's Records

9, Prohibition of Diseriminstion. In accordance with a
applicabte equal opportunity statutes, Executive Orders, and
regulations:

8, The owner must not discriminate ageinst any person
because of race, color, religion, sex, na ional origin,
age, famitial status, or disabitity in connection with the
HAP contract.

b, The owner must cooperate with the PHA and HUD in
conducting equal opportunity compliance reviews and
complaint investigations in connection with the HAP
contract.

10. Owner's Breach of HAP Contract
a. Any of the following actions by the owner (including &

cs

ze

If the PHA determines that a breach has occurred, the
PHA may exercise any of its rights and remedies under
the HAP contract, or sny ether aveileble rights and
remedies for such breach. The PHA shall notify the
owner of such determination, including a brief
statement of the reasons for the determination, The
notice by the PHA to the owner may require the owner
to take corrective action, as verified or determined by
the PHA, by a deadline prescribed in the notice.

The PHA's rights and remedies for owner breach of the
HAP contract include recovery of overpayments,
suspension of housing assistance payments, abatement
or other reduction of housing assistance payments,
termination of housing assistance payments, and
termination of the HAP contract.

The PHA may seek and obtain additional relief by
judicia! order or action, including specific performance,
other injunctive relief or order for damages.

Even if the family continues to live in the contract unit,
the PHA may exercise any rights and remedies for
owner breach of the HAP contract.

The PHA's exercise or non-exercise of any right or
remedy for owner breach of the HAP contract is nota
waiver of the right to exercise that or any other Tight or
remedy at any time.

The owner must provide any information pertinent to
the HAP contract that the PHA or HUD may
reasonably require.

The PHA, HUD and the Comptrolter General of the
United States shall have full and free access to the
contract unit and the premises, and to sll accounts and
other records of the owner that are relevant to the HAP
contract, including the right to examine or audit the
records and to make copies.

‘The owner must grant such access to computerized or
other electronic records, and to any computers, equip-
ment or facilities containing such records, and must
provide any information or assistance needed to access
the records.

principal or other interested party) is a breach of the 12. Exclusion of Third Party Rights

HAP contract by the owner:

(I) Ifthe owner hes violated any obligation under the
HAP contract, including the owner's obligation
to maintain the unit in accordance with the HQS.

(2) If the owner has violated any obligation under
any other housing assistance payments contract b
under Section 8.

(3) Ifthe owner has committed fraud, bribery or any
other corrupt or crimins! act in connection with
any Federal housing assistance program. e

(4) For projects with mortgages insured by HUD or
toans made by HUD, if the owner has faited to
comply with the regulations for the applicable
mortgage insurance or loan program, with the
mortgage or mortgage Mote, OF with the a
regulatory agreement, oF if the owner has
committed fraud, bribery or any other corrupt or
criminal sct in connection with the mortgsge or
loan.

(5) If the owner has engaged in any drug-related
criminal activity or any violent criminal activity.

The family is not s party to or third party beneficiary of
Part B of the HAP contract, The family may not
enforce any provision of Part B, and may not exercise
any right or remedy against the owner or PHA under
PatB,

‘The tenant of the PHA may enforce the tenancy
addendum (Part C of the HAP contract) against the
owner, and may exercise any right or remedy against
the owner under the tenancy addendum.

‘The PHA does not assume any responsibility for injury
to, or any lity to, any person injured as a result of
the owner's action or failure to sct in connection with
management of the contract unit or the premises or
with implementation of the HAP contract, or 8s # result
of any other action or failure to act by the owner,

The owner Is not the agent of the PHA, and the HAP
contract does not create or affect any relationship
between the PHA and any lender to the owner or any
suppliers, employees, contractors or subcontractors
used by the owner in connection with management of
the contract unit or the premises oF with
implementation of the HAP contract,

es OE AS FAY IS

form HUD-526414 (1/2007)

Previous editions are obsolete Page Sof 10 ref Handbook 7420.8a
Qu

13, Conflict of Interest

“Covered individual” means a person of entity who is a

member of any of the following clasees:

{I} Any present or former member or officer of the
PHA (except 2 PHA commissioner who is a
participant in the program);

(2) ay employee of the PHA, or any contractor,

or agent of the PHA, who
formulates policy or who influences decisions
with h respect to the program;

QQ) Aty public official, member of a governing body,
or State or local legistator, who exercises
functions or responsibilities with respect to the
Program; or

(4) Any member of the Congress of the United
States,

A covered individuat may not have any direct or
indirect interest in the HAP contract or in any benefits
or payments under the contract (including the interest
of an immediate family member of such covered
individuat) while such person is a covered individual or
during one year thereafter.
“Immediate family member” means the spouse, parent
{including a stepparent), child (including a stepchitd),
grandparent, grandchild, sister or brother (including a
stepsister or stepbrother) of any covered individual,
‘The owner certifies and is responsible for assuring that
RO person or entity has or will have a prohibited
interest, at execution of the HAP contract, or at any
time during the HAP contract term.
Ifa prohibited interest occurs, the owner shall promptly
and fully disclose such interest to the PHA and HUD.
The conflict of interest prohibition under this section
may be waived by the HUD field office for good cause.
No member of or delegate to the Congress of the
United States or resident commissioner shall be
admined to any share or part of the HAP contract or to
any benefits which may arise from it.

14. Assignment of the HAP Contract

b

‘The owner may not sssign the HAP contract to a ncw

owner without the prior written consent of the PHA.

If the owner requests PHA consent to assign the HAP

contract to a new owner, the owner shall supply any

information as required by the PHA pertinent to the
proposed assignment.

The HAP contract may not be assigned to a new owner

that is debarred, suspended of subject to a limited

denial of participation under HUD regulations (see 24

Cade of Federal Regulations Part 24).

The HAP contract may not be assigned to @ new owner

if HUD has prohibited such assignment because:

(1) The Federal government has instituted an
administrative or judicial action against the
owner or proposed new owner for violation of the
Fair Housing Act or other Federal equal
opportunity requirements, and such action is
pending; or

(2) Acourt or administrative agency has determined
that the owner or proposed new owner violated
the Fair Housing Act or other Federal equal
opportunity requirements.

The HAP contract may not be assigned to a new owner

if the new owner {including s principal or other

interested party) is the parent, child, grandparent,

16.

grandchild, sister or brother of any member of the

family, untess the PHA has determined (and has

the family cf such determination) that

approving the assignment, notwithstanding such
relationship, would provide reasonable accommodation
for a family member who is a person with disabilities,

f The PHA may deny approval to assign the HAP
contract if the owner or proposed new owner (including

a principal or other interested party):

(1) Has violated obtigations under a housing
assistance payments contract under Section 8;

(2) Has committed fraud, bribery or any other
corrupt of criminal act in connection with any
Federal housing program;

(3) Has engaged in any drug-related criminal activity
or any violent criminal activity;

(4) Has a history or practice of non-compliance with
the HQS for units leased under the Section &
tenant-based programs, of non-compliance with
applicable housing standards for units leased with
Project-based Section 8 assistance or for units
leased under any other Federal housing program;

(5) Has & history or practice of failing to terminate
tenancy of tenants assisted under eny Federally
assisted housing program for activity engaged in
‘by the tenant, any member of the household, #
guest or another person under the contro! of any
member of the household that:

{2) Threatens the right to peaceful enjoyment of

the premises by other residents,

(b) Threatens the health or safety of other
residents, of employees of the PHA, or of
owner employees or other persons engaged in
Tmanagement of the housing;

(c) Threatens the health or safety of, or the right

to peaceful enjoyment of their residents by,

persons residing in the immediate vicinity of the
premises; or

{4} Is drug-related criminal activity or violent
criminal activity;

(6) Has a history or practice of renting units that fail to
meet State of local housing codes; or

(7) Has not paid State or local real estate taxes, fines or
assessments.

g. The new owner must agree to be bound by and comply
with the HAP contract. The agreement must be in
writing, and in a form acceptable to the PHA. The new
owner must give the PHA a copy of the executed
agreement,

‘Written Notices. Any notice by the PHA or the owner in

connection with this contract must be in writing.

Entire Agreement: Interpretation

a The HAP contract contains the entire agreement
‘between the owner and the PHA,

b The HAP contract shall be interpreted and implemented
in accordance with HUD requirements, including the
HUD program regulations st 24 Code of Federat
Regulations Part 982,

Previous editions are obsolete

Page 6 of 10

form HUD-52641 (1/2007)
ref Handbook 7420.8Housing Assistance Payments Contract
(HAP Contract) .

Section 8 Tenant-Based Assistance
Housing Choice Vouchsr Program

ay

U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing

OMB Approval No. 2577-0169
(exp. 07712007)

Part C of HAP Contract: Tenancy Addendum

1

we
Section 8 Voucher Program

‘The owner is leasing the contract ‘unit to the tenant
for occupancy by the tenant's family with assistance
for a tenaney under the Section 8 housing choice
voucher program (voucher program) of the United
States Department of Housing and Urban
Development (HUD).

The owner has entered into # Housing Assistance
Payments Contract (HAP contract) with the PRA
under the voucher . Under the HAP
contract, the PHA will make housing assistance
payments to the owner to assist the tenant in leasing
the unit from the owner,

Lease

vb

The owner has given the PHA 2 copy of the lease,
including any revisions agreed by the owner and the
tenant. The owner certifies that the terms of the
lease sre in nccordance with all provisions of the
HAP contract and that the lease includes the tenancy
addendum.

The tenant shall have the right to enforce the
tenancy addendum against the owner. If there is any
conflict between the tenancy addendum and any
other provisions of the lease, the language of the
tenancy addendum shall control.

Use of Contract Unit

a

°

During the lease term, the family will reside in the
contract unit with assistance under the voucher

program,

‘The composition of the houschold must be approved
by the PHA. The family must promptly inform the
PHA of the birth, edoption of court-awarded custody
of a child. Other persons may not be added to the
household without prior written approval of the
owner and the PHA.

. The contract unit may only be used for residence by
the PHA-approved household members, The unit
must be the family's onty residence. Members of the
household may engage in fegal profit, making
activities incidental to primary use of the unit for
residence by members of the family.

‘The tenant may not sublease or fet the unit.
‘The tenant may not assign the tease or transfer the
unit.

Rent to Owner

‘The initial rent to owner may not ‘exceed the amount
approved by the PHA in accordance with HUD
requirements.

Changes in the rent to owner shall be determined by
the provisions of the ease, However, the owner may
not raise the rent during the initial term of the lease.

During the term of the lease (including the initial

term of the lease and any extension term), the rent to

‘owner may at no time exceed:

ql) The reasonable rent for the unit as most
recently determined of redetermined by the
PHA in accordance with HUD requirements,
or

(2) Rent charged by the owner for comparable
‘unassisted units in the premises.

Family Payment to Owner

bw

‘The famity is responsible for paying the owner any
portion of the rent to owner that is not covered by
the PHA housing assistance payment,

Each month, the PHA will make @ housing
assistance payment to the owner on behelf of the
family in accordance with the HAP contract. The
amount of the monthly housing assistance payment
will be determined by the PHA in ‘accordance with
HUD requirements for a tenancy under the Section 8
voucher program.

‘The monthly housing assistance payment shalt be
credited against the monthly rent to owner for the
contract unit,

The tenant Is not responsible for paying the portion
of rent to owner covered by the PHA housing
assistance payment under the HAP contract between
the owner and the PHA. A PHA failure to pay the
housing assistance payment to the owner is not &
violation of the lease. The owner may not terminate
the tenancy for nonpayment ‘of the PHA housing
assistance payment.

The owner may not charge or accept, from the
family or from any other source, any payment for
rent of the unit in addition to the rent to. owner, Rent
10 owner includes all housing services, maintenance,
ntilities and appliances to be provided and paid by
the owner in accordance with the lease.

‘The owner pmust immediately retum any excess rent
payment to the tenant,

Other Fees and Charges .

a

Rent to owner does not include cost of any meals or
ive services or furniture which may be

provided by the owner.

‘The owner may not require the tenant or family

members to pay charges for any meals or supportive

services of furniture which may be provided by the

owner. Nonpayment of any such charges is not

grounds for termination of tenancy.

‘The owner may not charge the tenant extra amounts

for items customarily included in rent to owner in

the locality, or provided at no additional cost to
unsubsidized tenants in the premises.

Maintenance, Utilities, and Other Services

Maintenance

rr aS ay

Previous editions are obsolete

Page 7 of 10

form HUD-52644 (1/2007)
ref Handbook 7420.8maintain the emit and

{1} The owner must
premises in secordance with the HQS.

and replacement (including,

redecoration) must in a with the
srandard practice for the building concemed 8
established by the ownCT.

Utilities, and appliances

(ayy The owner must provide all utilities needed to
comply with the HQS.

(2) The ownet is not responsible for preach of

the HQS caused by the tenant's failure to:

(s) Pay for any utilities that are to be paid by
the tenant.

0) Provide and maintain any appliances thit

jded by the tenant.

Family damage. ‘The owner is not responsible for ®
breach of the IQS because of damages

normal weer and teat caused by any member of the
household or by a guest:

Housing services. ‘The ovmet must provide a
housing services 85 agreed toin the lease.

8. Termination of Tenancy by Owner

Q

®)

4

‘The owner msy terminate the tenancy during,
Tee orn of the Tease if eny member of the
household Is:

@) Fleeing to avoid prosecution, OF custody
‘or confinement after conviction, for @
crime, of attempt t0 ‘commit a crime, that
isa ry ender the laws of the place
from which the jndividual flees, or that,
in the case of the ‘State of New Jersey, is
a high misdemeanor; or

Violating # condition of probation oF
parole under Federal of State law.
terminate the tenancy for
criminal activity by § ‘household member in
accordance with this section if the owner
determines that the ‘household
committed the ‘criminal activity, regardless of
whether the household member has been
arrested o convicted for such activity.

)

Other good cause for termination oftenancy

a. Requirements. ‘The owner may only terminate the
tenancy in accordance with the lease (4) During the {initial lease term, other cause
requirements. for termination of tenancy must be something
p. Grovnds. During the term of the lease {the jnitial the famity did or failed to do.
term of the lease OF any extension term), the owner Q During the initial Tease term oF during any
may onty terminate the tenancy because oft extension term, other good cause includes:
(1) Serious oF oe we oe a (2) Disturbance of neighbors
Q) Violation of Fe eral, State, OF it eructi copert)
i obligetions on the tenant in ®) ain on of . vor
connection with the or use of the © gor housekeeping habits that cause
unit and the premise’; damage to the unit ‘or premises.
@) Criminal activity or alcohol abuse (83 8) afer ihe initial Tease term, such good cause
provided in paragraph ch; OF ” < tre he
Ott wi 2) 1c tenant's faiture to sccept owner's
© d. good cause (ts ded fn parngregh offer of a new tease or revision;
cc Criminal activity or alcohol sb: (p) The owner's desire 19 wee the unit for
(1) The owner may terminate the tenancy duning rhe a family se oF for & purpose

the term of the lense if any member of the than use as a residential rental unit;

household, & ‘or another person under & or

resident's control commits sty of the © A pusiness OF economic reason for

following types of eximinal activity: termi of the tenancy (such as sale of

ninal activity that threatens the renovation of the unit, the

® feat ors aiey oe Saito . owner"s desire to rent the unit for # higher
peaceful enjoyment of the premises by. Tent).
other residents (including property
management staff residing on the e. Protections for Vietims of Abuse.
premises);

(oy Any criminal activity that threatens the (1) An incident of incidents of actual or thresten€
health or safety of, oF the right to domestic violence, dating violence, or stalking wi
peaceful enjoyment 0 thelr residences wer be constrved 2s serious oF repented violations «

a Pe residing in the immediate the lease of other “good cause” for termination |
vicinity of the: premises: the assistance, tenancy, or occupancy rights of su!

(Any violent criminal activity on oF near a victim.
the premises; OF 2) Criminal svity

) Any drug-related erimi 1 activity on of (2) Criminal activity directly relating to sbuse, engat

@ ae avec inal activity om in by & member ‘of a tenant’s houschold oF 1

guest of other person the tenant's cont

form HUD-52641 (120

Previous editions are obsolete ref Handbook 742¢

Page 8 of 10

a
oe a |
aa ashail not be cause for termination of assistance,
tenancy, of occupancy rights if the tenant or an
immediate member of the tenant's family Is the
victim or threatened vi im of domestic violence,
dating viotence, or stalking.

Q) Notwithstanding any restrictions on edmissien,
occupancy, oF terminations of occupancy or
assistance, Or any Federal, State or focal law to the

w‘vontrary, 2 PHA, owner of manager may
“pifurcate” a lease, oF otherwise remove 8
household member from a lease, without regard to
whether a household member is a signatory to the
lease, In order to ‘evict, remove, terminate
occupancy rights, OF terminate assistance to any

occupancy rights, or termination of assistance shall
be effected in accordance with the procedures
prescribed by Federal, State, and local law for the
termination of leases of assistance under the
housing choice voucher program.

(4) Nothing in this section may be construed to limit
the authority of a public frousing agency, owner, oF
manager, when notified, to honor court orders
addressing rights of access OF control of the
property, jncluding civil protection orders isswed to
protect the victim and issued to address the
distribution or possession of ‘among the
household members in cases where a family breaks
up.

(8) Nothing in this section limits eny otherwise

question sgainst the tenant or # member of the
tenant's houschold, provided that the owner,
manager, or public housing sgency does not subject
an individual who fs or has been ® victim of
domestic violence, dating violence, or stalking toe
more demanding standard than other tenants in
Actermining whether to evict or terminate.

(6) Nothing in this section may be construed to limit
the authority of an owner OF manager to evict, oF
the public housing agency to terminate assistance,
to any tenant if the owner, manager, oF public
housing agency can demonstrate an actual and
imminent threat to other tenants oF those employed
at or providing service t0 the property ifthe tenant
is not evicted or terminated from assistance,

(7) Nothing in this section shall be construed to
supersede any provision of any Federal, State, or
local law that provides greater protection than this
section for victims of domestic viotence, dating
violence, or stalking.

=

Xv

f. Evictlon by court action. ‘The owner may only evict the
tenant by a court ection.
g Owner notice of grounds
qQ) ‘At of before the beginning ofa court action to
evict the tenant, the owner must give the
tenant a notice thet specifies the grounds for
termination of tenancy, The notice may be
included in or combined with any owner
eviction notice.
Q) ‘The owner must give the PHA a copy of any
‘owner eviction notice at the same time the
owner notifies the tenant.

3) Eviction notice means a notice to vacate, OF &
complaint or other initial pleading used to
begin an eviction ‘action under State or local
law,

9. Lense: Relation to HAP Contract
If the HAP contract terminates for any reason, the lease terminates
automatically,

10, PHA Termination of Assistance

‘The PHA may terminate program assistance for the family for any
grounds suthorized in accordance with HUD requirements. If the PHA
Terminates program assistance for the family, the lease terminates
automatically.

11, Family Move Out

‘The tenant must notify the PHA. and the owner before the family moves
out of the unit.

12, Security Deposit

a. The owner may collect & security deposit from the
tenant, (However, the PHA may prohibit the owner
from collecting a security deposit in excess of
private market practice, of in excess ‘of amounts
charged by the owner to unassisted tenants.