Complaint,Petition: SAN FRANCISCO HOUSING AUTHORITY VS. LYNDER BELL et al

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                                WAM OOREOOUUIN

San Francisco Superior Courts
Information Technology Group

Document Scanning Lead Sheet
Jul-18-2003 3:25 pm

Case Number: CUD-03-606668
Filing Date: Jul-1 8-2003 3:25
Juke Box: 001 Image: 00740961
COMPLAINT

SAN FRANCISCO HOUSING AUTHORITY VS. LYNDER BELL et al

001000740961

Instructions:

Please place this sheet on top of the document to be scanned.‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): TELEPHONE NO.: FOR COURT USE ONLY a

(510) 835-1600

Byron C. Thompson (SBN 85675)
THOMPSON, LAWSON LLP
1714 Franklin Street, Ste. 350

Oakland, CA 94612 San Frapal
ATTORNEY FOR (Name): SAN FRANCISCO HOUSING AUTHORITY d
name orcourt: SUPERIOR COURT OF SAN FRANCISCO COUNTY SPL 18 2003
streetaooress: 400 McAllister Street
malinGaooress, (Same as above) GOR; Ns PAR iL Clerk
citvanozpcoos: San Francisco, CA 94102 RY: thos Se Whe”
BRANCH CouRT: LIMITED CIVIL JURISDICTION eputy Clerk
PLAINTIFF: SAN FRANCISCO HOUSING AUTHORITY uy
DEFENDANT: LYNDER BELL J
“x DOES 1 TO 10 wi
. ‘CASE NUMBER:
1st Amended COMPLAINT - Unlawful Detainer* 606668
4. a. Plaintiffis (1) —__| an individual over the age of 18 years (4) (] apartnefship
(2) [X_ a public agency (5) ___] acorpfration

(3) |__| other (specify):
b. ___| Plaintiff has complied with the fictitious business name laws and is doing busiess under the fictitious name of
(specify):
2. Defendants named above are in possession of the premises located at (street addr@ss, apt. No., city, and county):
129 Santos Street, City and County of of San Francisg, CA 94134

3. Plaintiff's interest in the premises is [x_ as owner other (specify):
4. The true names and capacities of defendants sued as Does are unknown to pl:
5. a. Onor about (date): 10/10/00 defendants (name:

yntiff.
 Lynder Bell

(1) agreed to rent the premises for a {<1 month-to-month tenancy “| other tenancy (specify):
(2) agreed to pay rent of $203.00 payable [x] monthly [other (specify frequency):
The rent is due onthe [x | firstofthe month [| other day (specify):

b. This [x ] written [__] oral agreement was made with

(1) (x7 plaintiff (3) _] plaintiff's predecessor in interest

(2) plaintiff's agent (4) | other (specify):
c. [_X_ The defendants not named in item 5a are

(1) [__] subtenants (2) [assignees (3) other (specify): unknown,

d. [x The agreement was later changed as follows (specify): Tenant's rent increased to $215 per month

__effective 9/1/02.
“x! A copy of the written agreement is attached and labeled Exhibit 1.

6.[x_ a. Defendants (names): LYNDER BELL
were served the follexinguotisnonthesamadateandinhesamamamex See Attachment 14

(1) os 3-day notice to pay rent or quit (4) | 3-day notice to quit
(2) 3-day notice to perform covenants or quit (5) |__. 30-day notice to quit
(3) _x- other (specify): 14-Day Notice
b. (1) On (date): 05/01/03 , 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.

d. [x] The notice included an election of forfeiture.

e.

f.

A copy of the notice is attached and labeled Exhibit2.A & 2B
; [| One or more defendants was served (1) with a different notice, or (2) on a different date, or (3) in a different manner,
as stated in attachment 6f. (Check item 7c and attach a statement providing the information required by items 6a-e

and 7 for each defendant.)
*NOTE: Do not use this form for evictions after sale (Code Civ. Proc., § 1161a).
(Continued on reverse)

Form Approved by the COMPLAINT — Unlawful Detainer sce Code of at Boesdure, Saab td
ations

Judicial Council of Califomia FIRST AMENDED
982.1 (90) [Rev. July 1, 1996]
Optional FormPLAINTIFF (Name): SAN FRANCISCO HOUSING AUTHORITY CASE NUMBER:
|_ 606668
DEFENDANT (Name): LYNDER BELL
7. a. _x The notice in item 6a was served on the defendants named in item 6a as follows:
(1) |__| by personally handing a copy to defendant on (date):
(2) (7? by leaving a copy with (name or description): » aperson
of suitable age and discretion, on (date): atdefendant's _ 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 place of business.

by posting a copy on the premises on (date): 4/25/03 ( | and giving a copy to a person found

residing at the premises) AND mailing a copy to defendant at the premises on (date): 4/28/03

(a) [__ because defendant's residence and usual place of business cannot be ascertained OR

(b) [x_ because no person of suitable age or discretion can be found there.

(4) [-_] (not for 3-day notice; see Civil Code section 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 section 1953 before using) in the manner specified in a written
commercial lease between the parties.

(Name): was served on behalf ofall defendants who signed a joint written rental agreement.

information about service of notice on the defendants named in item 6f is stated in attachment 7c.

8.{__| Plaintiff demands possession from each defendant because of expiration of a fixed-term lease.

9.[X_! At the time the 3-day notice to pay rent or quit was served, the amount of rent due was $ 892.00

he fair rental value of the premises is $ 7.17 per day.

41.{__] Defendants’ 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 11.)

Awritten agreement between the parties provides for attorney fees.

Defendants’ tenancy is subject to the local rent control or eviction control ordinance of (city or county, title of ordinance,

and date of passage):

QB) x

Plaintiff has met all applicable requirements of the ordinances.
14. [x | Other allegations are stated in attachment 14.
15. Plaintiff remits to the jurisdictional limit, if any, of the court.
16. PLAINTIFF REQUESTS

a. possession of the premises. f. [x] damages at the rate stated in item 10 from

b. costs incurred in this proceeding. (date): 05/01/03 for each day

c._x_ past due rent of $§ 892.00 defendants remain in possession through entry of judgment.
d.___. reasonable attorney fees. g. (4) statutory damages up to $600 for the conduct alleged in
e._X_ forfeiture of the agreement. item 11.

h. [_] other (specify):

17. [_x_| Number of pages attached (specify): 10
UNLAWFUL DETAINER ASSISTANT (Business and Professions Code sections 6400-6415)
18. (must be answered in all cases) An unlawful detainer assistant (x_] didnot [—] did for compensation give advice or as-
sistance with this form. (if plaintiff has received any help or advice for pay from an unlawful detainer assistant, state):
a. Assistant's name: b. Telephone No.:
c. Street address, city, and ZIP:

d. County of registration: e. Registration No.: f. Expires on (date):
Byxon, ©. Thompson . (SBN .85675)......... >
(TYPE OR PRINT NAME) VERIFICATION (SIGNATUR/OF PLAINTIFF OR ATTORNEY)

(Use a different verification form if the verification is by an attorney or for a corporation or partnership.)
| am 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)
'982.1(90) [Rev. July 1, 1996] COMPLAINT — Unlawful Detainer Page twoPETITIONER/PLAINTIFF: SAN FRANCISCO HOUSING AUTHORITY CASE NUMBER’
RESPONDENT/DEFENDANT: LYNDER BELL 606668

ATTACHMENT 14:

Plaintiff alleges that it is a public agency and , therefore, exempt
from the requirement that the Unlawful Detainer complaint be verified. Code
of Civil Procedure Section 446(a).

Plaintiff further alleges that as a public agency, it is exempt from the
court filing fee requirements.

6a. the following notices on the following dates:

(1) The three (3) day notice was served on defendant by posting a copy
on defendant's premises on April 25, 2003 and thereafter mailing a copy to
defendant on April 28, 2003.

(3) The fourteen (14) day notice was served on defendant by posting a

copy on defendant's premises on April 10, 2003, and thereafter mailing a copy
to defendant on April 11, 2003.

PAGE THREE

Sotaa

cisco HOUSING FELLING uosi«
4, LEAS =

‘SE.

(ch
October u
The first ¢
PAT
This lease agreement Lease’) iS petween the San Francisco Housing ‘authority (SFHA) and the ten en
mrenants’)- Bach fof the Tenants iS sndividualy. jointly ‘and several sponsible for erformance of all obligations Unver
jnctuding payment of rent.
3 PREMISES, LEASE TERM AND RENEWAL

under the Lease. the gFHA shal rent! Tenants the jing unit dese im Section 1(8) A00e (Residence). The Residence is
jocated in 3 federally cunded Pu fic housing vaeveropment (DE lopment’) py the SF ine Lease shall 0 for a period of one

caiendar month, and shall be ‘automatically renewed each fogs terminated PY the SFHA of Tenants pursuant to this Lease:

4. Hl MEMBERS
i enants nts household:

{ay The Reside!

{py The terms “House
{c) Household Mi

Perding reasonable 20ce

ants may not knowingly 0

an a House!

al births), that person mu i
modate additional eligible person the Houseniold
Fait nat be entitled tO any prion

te screening

ysehold Mi
ronable efforts to a
i rouseliold, however.
of old.
4. all applica!
ary services:

jgnts must first mee!
‘aide’s necess™

(p) tFTenants want to 3
se
the

reavirernents.
‘o tenancy righ
Sd Mernber auatifies for

ymper qualifies to have
y live at the Residence ©

fe Chonthly Ren
erequested 10 do $0 DY the
oT DETERMINATION
tg shall be liable for 2°
ice of said charge

a
tall not accePt Pes
the Residence. Prov that Tenants
dene ants shall be Hable for
the Residence

“renants account shal be
cution of this Lease shall be

qe) Th
under the Lea
(0) Tenants shall pay cent to th
check of money Orde if Tenants’
Snpose a service nage to cove
ai be liable for rent through the date

e of theit intent to Vacate,
that ali Household Members
es or cred ye on the
[CHA prior to the exe

e SFHA yransfers the jousel
count for the new unit. At
MODIFICATIONS
shall be made jn accordance with applicable
mine the talus of each ouserold at

(a) Allrent a determ
federal regulations, ‘and SFHA policies: which at
ery 12 months.
10 do so by the SFHA, furnish complete and accurate information asto: (1) Household composition
date of birth for each seh Member): (2 ea 1d Member's income
3) any her informal io ested BY ‘the SFHA tO make
ate dwelling unit SiZe- Failure to

security number, 2
ce loyment, and ol
i waibiity needs, a6 ‘appror’
n

ind unit size jinations and

least once

‘ait promptly report hand it
a prom cupancy- Policy. TRE current wt
verification by Sig"

enor review. oF PrOMENG

(p) Tenants shall comply wit
ne gy this information.
mane

a tn(E) If Tenants claim that a Household Mr Se, _.s vacated the Residence, then the SFHA may -qui' “>nants to submit satisfactory proof
that the Houséhold Member no tong _as at the Residence. LL

{F) The SFHA shall have the right to demand that Tenants submit to an interim rent review if the SFHA has cause to believe that a change in
the Monthly Rent is appropriate. Tenants may make reasonable requests for an interim rent review at any time.

(G) Ifthe SFHA increases the Monthly Rent pursuant to a rent review, then the new Monthly Rent shall be effective on the first day of the
second month following the completion of the review. If Tenants delay in providing information that justifies a rent increase, then the
SFHA may make the increase retroactive to the Tenants’ annual review date or the date that the increase should have occurred,
whichever is earlier.

{H) Ifthe SFHA decreases the Monthly Rent pursuant to the review, then the revised Monthly Rent shall be effective on the first day of the
month following the completion of the review.

7. DEPOSITS

(A) Ator before move-in, Tenants shall pay an amount equal to the Monthly Rent or $50, whichever greater, as a security deposit.

{B) The SFHA may use the security deposit at the termination of the Lease for any purpose permitted by California law. The SFHA shall
return the security deposit to Tenants within three weeks after Household Members have vacated the Residence, less any deductions
permitted by law.

(C) The SFHA may collect a pet deposit in accordance with the Pet Policy. Tenants may request a refund of the pet deposit upon the
termination of tenancy of after they provide satisfactory documentation that they no longer have any pets. The SFHA shall refund such
deposit only after an inspection of the Residence for pet damage and after making reasonable deduction for such damage.

(D) The SFHA shall be under no obligation to maintain moneys paid toward security or pet deposits in a segregated account. The SFHA shall
be under no obligation to pay interest on these deposits.

8. UTILITIES, APPLIANCES AND SERVICES

(A) Ifthe SFHA provides utilities, Tenants may use a reasonable amount of gas or electricity at no cost, as determined by a utility allowance
‘schedule published by the SFHA. Tenants agree to pay the SFHA reasonable charges for the consumption of gas or electricity in excess
of these allowances at rates established by the SFHA.

{B) ifthe SFHA does not provide ufilities, then Tenants shall purchase utilities directly from the provider. (In such cases the Monthly Rent
shall already be adjusted downward by the amount set forth in the SFHA's utility allowance schedule.) The actual cost of utilities shall not
be deducted from Monthly Rent. The SFHA has no obligation to pay Tenants’ utility bills.

(C) The utility allowance schedule and excessive utility consumption charge rates shall be available at the Development office. The SFHA
may change and adjust the schedule and charges (and Monthly Rent, if appropriate) at any time after giving appropriate notice. The
SFHA shall not be responsible for failure to provide utilities because of Tenants’ failure to pay bills or any other reason beyond its control.

{D) The SFHA shall furnish the Residence with the equipment and utilities listed on the pre-occupancy statement described in Section 9. The
SFHA shall also provide reasonable sewer and garbage collection services and reasonable amounts of running water.

{E) The SFHA shall charge Tenants for any service, repair, maintenance or equipment made necessary by Tenants’ failure to keep the
Residence (including appliances) in good condition, except for normal wear and tear. Tenants shall pay for the repair of damage to SFHA
property, including Development buildings, equipment, and common areas, and for cleaning or extermination, made necessary by
Household Members or their guests.

{F) Charges assessed to Tenants for maintenance or repair services, or for excessive utility consumption, shall be charged to the Tenants’

accaunt and shall be due and payable on the first day of the second month following the month in which the charges are incurred.

9. PET PROHIBITION

Dogs and other animals are prohibited unless specifically permitted by the SFHA Pet Policy and a written amendment to this Lease. The

current Pet Policy is avaitable at the Development office or from the SFHA. Keeping an animal in violation of the Pet Policy shall be

grounds for immediate termination of this Lease and eviction.
10. INSPECTIONS AND ENTRIES

‘The SFHA and Tenants shall inspect the Residence before Tenants take occupancy. The SFHA shall furnish a written statement of the

condition of the Residence and the utilities and equipment provided with the Residence. Tenants and the SFHA shall sign the statement.

(8) Tenants shall submit to an annual inspection of the Residence, upon request of the SFHA.

(C) The SFHA may conduct interim inspections of the Residence if it has cause to believe that an unsanitary or hazardous condition exists,
or if Tenants have failed or refused to cooperate with inspections, maintenance, repairs, or pest control.

(0) The SFHA shall inspect the Residence when Tenants vacate and shall furnish a statement of damage to the Residence, including

charges to be deducted from the security deposit. Tenants may participate in the pre-termination inspection.

Tenants, by requesting the SFHA to perform maintenance or make repairs at the Residence, shall give the SFHA permission to enter the

Residence without notice.

(F) Tenants shall permit the SFHA, upon reasonable advance notice, to enter the Residence during normal business hours so that the SFHA
may perform routine inspections or maintenance, make improvements or repairs, or show the Residence for re-leasing. A written
statement specifying the purpose of the entry delivered to the Residence at least forty-eight (48) hours in advance shall be considered
reasonable.

{G) If all adult Household Members are absent from the Residence at the time of entry by the SFHA, then the SFHA shall leave in the
Residence a written statement specifying the date, time and purpose of the entry.

(H) The SFHA may enter the Residence without advance notification when it has cause to believe that an emergency exists, or if the
Residence appears abandoned, or to make repairs requested or agreed to by Tenants.

{). The SFHA may permit a peace officer or building or health inspector to enter the Residence upon presentation by such official of a
warrant or order, of to arrest a person that a peace officer believes to be in the Residence, or if a peace officer orders the SFHA
employee to open the Residence.

(A)

)

41. TRANSFERS
{A) If the SFHA determines that: (1) the size of the Residence is no longer appropriate for the Household composition; or (2) a transfer is
necessary to protect the health or safety of a Household Member or another SHA resident; or (3) a transfer is necessary so that the
SFHA may repair, retrofit, replace or modify the Residence; or (4) a Household Member needs to live in a unit with special features (e.9.,
handicap access) not available at the Residence; then the Household shall transfer to an alternate SFHA unit within 30 days of written
notification by the SFHA that the unit is available. Upon receipt of the keys to the new unit, Tenants shall immediately transfer all
personal property to the new unit. Transfers made pursuant to Section 11(A)(1) shall be at Tenants’ sole expense.
If the Household transfers to another dwelling unit, this Lease shall terminate and a new written lease agreement shall be executed for
the new dwelling unit. By transferring Tenants to another dwelling unit, however, the SFHA shall not waive its right to terminate the lease
for that new unit or fo evict the Household from that unit based upon conduct that occurred before the transfer (when Tenants resided at
the Premises). If any member of the Household transfers to a new dwelling unit after the SFHA initiates an eviction proceeding, then the
SFHA may re-file the action or amend its pleadings to request possession of the new dwelling unit, without waiver of the original violation.

12, SFHA OBLIGATIONS AND RESPONSIBILITIES

(B)

The SFHA shall:
(A) Maintain the Residence and the Development in a decent, safe, and sanitary condition.

(8) Comply with applicable building and housing codes and federal regulations materially affecting health and safety.
(C) Make necessary repairs to the Residence.

(D) Keep Development buildings, facilities and common areas in a clean and safe condition.

"SAN FRANCISCO HOUSING AUTHORITY LEASE — PAGE 2 OF 4 cane{E) Maintain in good and safe working o~*-r «.. condition electrical, plumbing, sanitary, heatit.,, ver’ “ng, and other facilities and

appliances, including elevators, sur or required to be supplied by the SFHA. _
(F) Provide and maintain appropriate receptacles and facilities for the deposit of garbage, rubbish, and other waste Tenants remove from the
Residence.

(G) Supply running water and reasonable amounts of hot water and heat, except in those cases where the heat or hot water is generated by
an installation within the exclusive control of Tenants and supplied by a direct utility connection.

(H) Notify Tenants in writing of the specific grounds for any proposed adverse action. The notice of proposed adverse action shall inform
Tenants of their right, if any, to request a grievance hearing, The term “proposed adverse action” shall include but not be limited to: (a) a
proposed Lease termination; (b) a transfer of the Household to another unit; or (c) a request for payment of maintenance or excessive
utility consumption charges.

(1) Provide, at the Tenants’ request, reasonable accommodation of a disability of any Household Member.

43. OBLIGATIONS OF TENANTS, HOUSEHOLD MEMBERS AND GUESTS
In addition to their other obligations under the Lease, Tenants must comply with, and must cause Household Members and guests to
comply with, the following rules:

(A) Not to assign or sublease the Residence and to notify the SFHA when a Household Member vacates the Residence.

{B) Not to provide accommodations for boarders or lodgers.

(C) To use the Residence solely as a private dwelling for Household Members and not for any other purpose, except when Tenants have
received the prior written consent of the SFHA to conduct a specific, lawful business.

(0) To abide by the SFHA Housekeeping Rules and all other rules promulgated by the SFHA for the benefit and well being of the
Development and residents of the Development. Such rules, which may change from time to time, shall be posted on the Development
property or available at the Development office and are incorporated by reference in this Lease. To comply with all obligations imposed
by applicable building and housing codes affecting health and safety.

{E) To keep the Residence and other areas assigned to Tenants for their exclusive use in a clean and safe condition.

{F) To dispose of all garbage, rubbish, and other waste from the Residence in a sanitary and safe manner.

(G) To use only in a reasonable manner all electrical, plumbing, heating, sanitary, ventilating and other facies, including elevators.

(H) To refrain from destroying, defacing, damaging or removing any part of the Residence or the Development.

(1) To refrain from tampering with any gas, electric or other utility meter or line.

(W) To pay reasonable charges for the repair of damages (other than normal wear and teat) to the Residence or the Development, caused by
a Household Member or a guest.

{K) To act in a manner that will not disturb the other residents’ peaceful enjoyment of their accommodations, and will be conducive 10
maintaining the Development in a decent, safe, and sanitary condition

(L) To assure that all Household Members, guests, or other persons under the Tenants’ control, shall not engage in: (1) any activity
that threatens the health, safety or the right to peaceful enjoyment of any of the premises of other residents or SFHA
‘employees; or (2) any drug-related criminal activity on or off SFHA property.

{M) Not to have pets or other animals except as specifically permitted by the SFHA Pet Policy and under this Lease.

(N) Not to have any illegal weapons, fireworks, explosives, combustible or other hazardous materials in or around the Development (see
Seclion 14 (FIREARMS PROHIBITION)

(0) Not to create or permit to exist any condition that results in risk to the health or safety of any person or damage to property

(P) Not to make any repairs or alterations to the Residence, including changing locks, or installation of permanently affixed gates, window
bars, carpets or antenna, without the express written consent of the SFHA.

{Q) Not to have a water bed without prior written consent of the SFHA.

{R) Not to repair automobiles, motorcycles, other motor vehicles, or any other heavy machinery anywhere on the Development property.

(8) Not to drive or park motor vehicles on areas not specifically designated for driving or parking.

(1) To remove at Tenants’ expense from the Development, any unlicensed, unregistered, uninsured or inoperative motor vehicle owned by
any Household Member or guest. Tenants must remove said vehicle within three (3) days after notice by the SFHA.

(U) To assure that all Tenants, Household Members, guests, and other persons under the Tenants’ control, shall not trespass on or illegally
enter SFHA property, including but not limited to vacant units and areas under construction.

14, FIREARMS PROHIBITION

(A) Except when specifically authorized, the SFHA strictly prohibits firearms in the Residence, on the Development and on SFHA property.
Violation of this provision by any Household Member or guest shall constitute sufficient grounds for immediate Lease termination and
eviction. The term “firearm” is defined broadly and shall include but not be limited to: all pistols, revolvers, other handguns, rifles,
shotguns, automatic and semiautomatic guns, and any other instrument which expels a metallic, partly metallic, or other hard projectile,
including but not limited to BB guns, air guns and spring action guns.

(8) Ownership, possession, transportation or use of a firearm shall be permitted on SFHA property only if each and every such firearm
meets each of the following requirements: (1) an adult (at least 18 years of age) Household Member legally purchased or took
possession of the firearm; (2) the firearm itsetf is in all respects legal; (3) the firearm is under the exclusive control of an adult Household
Member; (4) the firearm is stored in a secure and safe place that is reasonably inaccessible to children; and (6) the firearm is not used,
stored or handled in a criminal, illegal, reckless, careless or negligent manner.

15. DAMAGE TO RESIDENCE OR DEVELOPMENT

{A) Tenants shall immediately notify the SFHA of any damage to the Residence or the Development.

(8) Ifthe Residence is damaged to the extent that conditions exist that are hazardous to life, health or safety of Household Members, then:
(1) Tenants shall immediately notify the SFHA of the damage; and (2) the SFHA shall repair the Residence within a reasonable time
(however, if a Household Member or guest caused the damage, then the cost of repairs shall be charged to Tenants).

(C) The SFHA shall offer standard altemative accommodations, if available, when necessary repairs cannot be made within a reasonable
time. in the event that repairs are not made in a reasonable time and alternative housing is not available, then the SFHA shall discount
the Monthly Rent in proportion to the seriousness of the damage and loss of use of the Residence. No discount shall be made, however,
if either the Tenants rejected altemative accommodations or a Household Member or guest caused the damage.

46. TERMINATION BY TENANTS

(A) Tenants may terminate this Lease by giving at least 30 days written notice to the SFHA. Tenants shall leave the Residence in as clean

and good condition as they received it at the start of their occupancy, reasonable wear and tear excepted, and return all keys to the

SFHA. All Household Members and other occupants shall completely vacate the Residence within the 30-day period.

Upon Lease termination, eviction by the SFHA, abandonment of the Residence, or transfer of the Household to another dwelling unit, any

personal property left at the Residence shall be stored for no more than 30 days. Tenants shall be responsible for moving and storage

charges. Property unclaimed after 30 days shall be deemed abandoned and the SFHA may dispose of it without liability.

(C) If, through any cause, any Tenant who has signed the Lease ceases to reside at the Residence, this Lease shall terminate. Remaining
Household Members may continue to occupy the Residence provided that a qualified and responsible remaining adult Household
Member enters a new lease agreement with the SFHA.

(B)

"SAN FRANCISCO HOUSING AUTHORITY LEASE ~ PAGE 3 OF 4 ae. 17. TERMINATION BY SFHA

(A) The SFHA may terminate or refuse ____aew this Lease for serious or repeated violations of mate.__.erms of the Lease, such as the
failure to make payments due or to fulfill the obligations set forth in this Lease, or for other good cause. Tenants who receive four (4)
notices of termination for failure to pay rent in one 12-month period shall be subject to termination of the Lease (for habitual late rent).

(B) The SFHA shall give Tenants written notice of termination of the Lease, stating the grounds for the termination, and informing Tenants of

the right fo make such reply as Tenants may wish. The notice shall also notify Tenants of their right to examine SFHA documents directly

relevant to the Lease termination, and their right to request a grievance hearing, if applicable. The length of the notice shall be as follows:

(1) Fourteen (14) days in the case of failure to pay rent.

(2) Three (3) days in the case of creation or maintenance of a threat to the health or safety of other residents or SFHA employees.
Grounds for termination under this provision include, but are not limited to, the following: (a) any activity that threatens the health,
safety or the right fo peaceful enjoyment of any of the premises of other residents or SFHA employees; or (b) any drug-related
criminal activity on or off SFHA property.

Neither an arrest nor a criminal conviction is necessary to terminate the Lease and evict Tenants under the above provision. The SFHA

may, at its sole discretion, consider the circumstances of the case, including seriousness of the offense, the extent of participation by

Household Members, and the effect the eviction would have on Household Members who did not engage in the prohibited activity. The

SFHA may, in its sole discretion, permit continued occupancy by non-offending Household Member(s) provided they agree that the

offending Household Member(s) shall not reside at or visit the Premises and shall not be invited or allowed upon the Development. The

‘SFHA has a policy of “zero tolerance’ of illegal drug activity. The SFHA may, in its sole discretion, require a Household Member who

engaged in the illegal use of drugs to present evidence of successful completion of a satisfactory treatment program as a condition of

being allowed to reside at the Premises. This is not intended to be an exhaustive list and the SFHA reserves its right to impose other
conditions, terms and stipulations.

{3) Thirty (30) days notice in all other cases.

The receipt of monies by the SFHA from Tenants after notice of termination of Lease shall neither reinstate the Lease nor affect the

notice. if Tenants tender payments to the SFHA after service of a Lease termination notice, then the SFHA may deposit said payments

into an escrow account. By so depositing said payments, the SFHA shall not be deemed to have waived its right to terminate the Lease
or to prosecute and maintain an action to evict Tenants,
48, LEGAL NOTICES

(A) Notice to Tenants shall be in writing and delivered to any Tenant, or to any adult Household Member, or may be sent by first-class mail
properly addressed to Tenants.

{B) Notices to the SFHA shall be in writing, delivered to the Development office or the SFHA district office personally or sent by first-class
mail properly addressed.

(Cc)

49. GRIEVANCE PROCEDURE
Ifthe SFHA seeks to terminate the Lease or takes some other adverse action against the Household, Tenants may, in some instances,
be entitled to request a grievance hearing to contest the action. Tenants may also be entitled, in some instances, to a hearing to resolve
other disputes or grievances with the SFHA. The SFHA's Grievance Procedures set forth what matters can be the subject of a grievance
hearing, The Grievance Procedures also set forth the process for requesting a hearing and the procedures to be followed during the
hearing, The Grievance Procedures are incorporated into the Lease by this reference and may be amended from time to time,
20. PROVISIONS FOR MODIFICATION

(A) Any changes to this Lease shail be made by a written addendum, dated and signed by both Tenants and the SFHA, except for rent

changes as provided in Section 6 (RENT DETERMINATIONS AND MODIFICATIONS).

Documents incorporated into this Lease, such as the maintenance charge list, schedule of utiity allowances, Grievance Procedures, Pet

Policy, Continued Occupancy Policy, transfer and rent policies, and any building or development rules or other regulations, may be

changed from time to time by the SFHA. The SFHA shall give 30 days notice prior to the effective date of any amendments to these

documents, setting forth the proposed changes and providing Tenants with an opportunity to make written comments. The SFHA shall
consider resident comments before the proposed changes become effective.
21. MISCELLANEOUS

(A) If any provision of this Lease is found to be void, unenforceable or illegal, then the remaining provisions shall remain in effect,

(B) Tenants are responsible for protecting and insuring their personal property. The SFHA's liability for toss, damage or injury is limited to
that imposed by law.

(C) Neither the SFHA nor any of its employees has made any representations other than those contained in this Lease.

(D) Tenants warrant that all statements and representations Tenants made in the application for SFHA housing are truthful. Tenants agree
that false statements or misrepresentations in the application or made during the rent review process (see Section 6) shall constitute
grounds for eviction.

(E) This Lease, any amendments hereto and all documents incorporated by reference constitute the entire agreement between the parties.

(F) In any legal action to enforce the Lease, each party shall bear its own attomeys' fees. The prevailing party shall recover court costs.

(G) The SFHA's failure to insist in any one or more instance upon the strict observance of the terms of the Lease shall not be considered a
waiver of the SFHA's right thereafter to enforce the provisions of the Lease. The SFHA shall not waive its rights to enforce the Lease
provisions unless it does so in writing, signed by an authorized agent of the SFHA.

22, SIGNATURES

BY SIGNING THIS LEASE, EACH TENANT CERTIFIES THAT:

4. Tenant has read, or has had this Lease explained or read to him or her, and that Tenant understands the Lease;

2. That all ofthe information that Tenant gave to the SFHA is true and correct; and

3. That Tenant shall occupy the Residence as Tenant's sole residence as of the Effective Date (see Section 1(C) for Effective Date).

Executed onthe 10th  dayof_October | #%XX2000

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L. versto | £06 f0/0T/ 96 ALIYOHLNV ONISNOH OOSIONVHA NVSDECLARATION OF SERVICE
OF NOTICE TO PAY RENT OR QUIT, OR OF

TERMINATION OF TENANCY
I, the undersigned, Jon F. Perry declare as follows:
I served the attached:

Q Three-day notice to pay or quit
%  Fourteen-day notice to pay or quit
Q > Thirty-day notice to quit and notice of grievance procedure

in the manner designated, on the tenant whose name and known residence and business address appear below:
NAME: _Lynder Bell RESIDENCE: 129 Santos Street, San Francisco, Ca.

USUAL PLACE OF BUSINESS:

(“Usual place of business” does not refer to the “place of employment of an employee” but refers to a person who is in “business as a sole-
proprietor, or partner”).

1.

WHERE SERVICE OF NOTICE IS CLAIMED UNDER CCP 1162 (1) FILL OUT THE FOLLOWING PORTION OF THIS
DECLARATION:

Q By delivering a copy personally to the tenant above-named, at M.on 20

at

~ (ADDRESS)

WHERE SERVICE OF NOTICE IS CLAIMED UNDER CCP 1162 (2) FILL OUT THE FOLLOWING PORTION OF THIS
DECLARATION:
Q It was not possible to serve the tenant personally because he was absent from his place residence, AND absent from his usual place of

business.
I therefore served a copy of the Notice on him by leaving a copy with: (name if known) a
person of suitable age and discretion at
(A) (CJ His said place of residence, on 20, at M.
OR: .
(8) {(C His usual place of business, on 20. at M.

and by mailing through the U.S. Mail, postage prepaid, in a sealed envelope at San Francisco, California, a copy of the Notice addressed to

said tenant at his place of residence, on 2 20 at M.

WHERE SERVICE OF NOTICE IS CLAIMED UNDER CCP 1162 (3) FILL OUT THE FOLLOWING PORTION OF THIS
DECLARATION:

X)- It was not possible to serve the tenant personally in accordance with Sec. 1162 (1) CCP because he was absent from his place residence;

and absent from his usual place of business; AND there was no person of suitable age and discretion at either his said place of residence
or his usual place of business.

Q His place of residence or usual place of business could not be ascertained with the exercise of reasonable diligence.
I therefore served a copy of said Notice on the tenant by:
%&  Affixing a copy of said Notice in a conspicuous place on the property mention in said Notice, on _April 10, 0,
29 08 at__09:40 Ayg anp, :
Q Delivering a copy to a person there residing.
%" No person could be found:there residing,
and by mailing through the U.S. Mail, postage prepaid, in a sealed envelope at San Francisco, California, a copy of the Notice,

addressed to said tenant at the place where the property is situated,_Apri] 11 2003 ,a 09:00 AM

I declare under penalty of perjury that the foregoing is true and correct.

Executed at San Francisco, California, on

May 9, 03

HOUSING AUTHORITY OF THE CITY & COUNTY OF SAN FRANCISCO.
LANDLORD. (AGENT OF LANDLORD AND PERSON ©FSUITABLE AGE
440 Turk Street, San Francisco, CA 94102 (415) 554-1200 AND DISCRETION)SAN F" “\NCISCO HOUSING AL__ “AORITY

OATED PROJECT ACCOUNT

G4s 2s?

TO: CYNDE? SELL

12? SANTOS Sf

TENANT IN POSSESSION

SAN FRANCESCU, CA ¥4134

NOTICE IS HEREBY GIVEN THAT, PURSUANT TO THE LEASE BY WHICH YOU HOLD POSSESSION
OF THE ABOVE-DESCRIBED PREMISES, THERE IS NOW DUE AND UNPAID RENT FOR SAID PREMISES
IN THE SUM OF $ 892.90 | BEING THE RENT THAT BECAME DUE ON "4/21/93 FOR
THE PERIOD FROM 12/51/92TQ 94/39/33

WITHIN THREE (3) DAYS AFTER SERVICE OF THIS NOTICE ON YOU, YOU ARE REQUIRED TO PAY SAID
RENT IN FULL OR TO DELIVER UP POSSESSION OF SAID PREMISES TO THE UNDERSIGNED OR LEGAL
PROCEEDINGS WILL BE COMMENCED AGAINST YOU TO DECLARE A FORFEITURE OF YOUR LEASE, TO
RECOVER POSSESSION OF THE PREMISES, AND TO SEEK JUDGMENT FOR RENT OWED THROUGH THE
EXPIRATION DATE OF THIS NOTICE, TOGETHER WITH DAMAGES FOR EACH DAY OF OCCUPANCY AFTER
THAT DATE AND YOU MAY BE REQUIRED TO PAY COURT COSTS AND ATTORNEYS FEES.

YOU HAVE THE RIGHT TO REPLY TO THIS TERMINATION NOTICE. YOU HAVE THE RIGHT TO EXAMINE SAN FRANCISCO.
HOUSING AUTHORITY DOCUMENTS RELEVANT TO THE LEASE TERMINATION. ADDITIONALLY, YOU HAVE A RIGHT TO
REQUEST A HEARING IN ACCORDANCE WITH THE SAN FRANCISCO HOUSING AUTHORITY'S GRIEVANCE PROCEDURE.
IF YOU WANT A HEARING, YOU OR YOUR AUTHORIZED REPRESENTATIVE MUST SUBMIT A WRITTEN REQUEST TO
YOUR PROPERTY MANAGER'S OFFICE WITHIN THREE (3) DAYS FROM THE DATE YOU RECEIVED THIS NOTICE OR YOU
MAY GO TO YOUR PROPERTY MANAGER'S OFFICE WITHIN THREE (3) DAYS FROM THE DATE YOU RECEIVED THIS
NOTICE AND FILL OUT A REQUEST FOR A GRIEVANCE HEARING FORM. IF YOU DO NOT FILE A REQUEST FOR A
GRIEVANCE, AN EVICTION ACTION MAY BE FILED IN COURT AGAINST YOU.

YOU ARE FURTHER NOTIFIED THAT THE UNDERSIGNED ELECTS TO DECLARE THE FORFEITURE OF THE

LEASE UNDER WHICH YOU HOLD POSSESSION OF THE PREMISES IF YOU FAIL TO PERFORM AS
INDICATED ABOVE.

DATED: 64/23/23

HOUSING AUTHORITY OF THE CITY AND
COUNTY OF SAN FRANCISCO

440.TURK STREET . a

SAN FRANCISCO, CALIFORNIA 94102

(SIGNATURE) —

SZ. rep ee deny

— (PRINT NAME)

oo

SPANISH AND CHINESE TRANSLATIONS ON

126

FORM #57329 (1/02)SAN FRANCISCO HOUSING AUTHORITY

SSP NA Va felis SIGE ee SSeh!

RENT PAYMENTS MAY BE MADE IN PERSON AT:

SAN FRANCISCO HOUSING AUTHORITY
440 TURK STREET

SAN FRANC:SCO, CA 94102

ATTN: LATANYA HOSKINS

(418) 384-1200
MONDAY - FRIDAY, 9:00 A.M. to 4:00 P.M:

RENT PAYMENTS MAY &E MAILED TO:
_ SAN FRANCISCO HOUSING AUTHORITY
FILE NO 92113
PO BOX 60000 -
SAN FRANCISCO, CA 94150-2113

IF MAILING iN YOUR PAYMENT, PLEASE INCLUDE YOUR SAN FRANCISCO HOUSING AUTHORITY ACCOUNT
NUMBER ON YOUR CHECK OR MONEY ORDER.

PAGE IONE?DECLARATION OF SERVICE
OF NOTICE TO PAY RENT OR QUIT, OR OF
TERMINATION OF TENANCY

1, the undersigned, Jon F. Perry declare as follows:
| served the attached:

E\Three day notice to pay or quit.
Othirty day notice to quit and notice of grievance procedure.
in the manner designated, on the tenant whose name and known residence and business address appear below:

NAME Lynder Bell RESIDENCE 129 Santos Street, San Francisco, Ca

USUAL PLACE OF BUSINESS
(“Usual place of business” does not refer to the “place of employment of an employee” but refers to a person who is in

“business as a sole-proprietor, or partner’’).

1. WHERE SERVICE OF NOTICE IS CLAIMED UNDER CCP 1162 (1) FILL OUT THE FOLLOWING PORTION OF THIS

DECLARATION:
C By delivering a copy personally to the tenant above-named, at 2 Mon , 20.

at

ADDRESS.

2. WHERE SERVICE OF NOTICE IS CLAIMED UNDER CCP 1162 (2) FILL OUT THE FOLLOWING PORTION OF THIS

DECLARATION:

O It was not possible to serve the tenant personally because he was absent from his place of residence, AND absent from
his usual place of business.

| therefore served a copy of the Notice on him by leaving a copy with: (name if known)

a person of suitable age and discretion at

(A) © His said place of residence, on 20 at : , M
OR:

(B) © His usual place of business, on 20 pat : = M
and by mailing through the U.S. Mail, postage prepaid, in a sealed envelope at San Francisco, California, a copy of the
Notice addressed to said tenant at his place of residence, on 20 ,at , M

3. WHERE SERVICE OF NOTICE IS CLAIMED UNDER CCP 1162 (3) FILL OUT THE FOLLOWING PORTION OF THIS

DECLARATION:

It was not possible to serve a copy of the Notice personally in accordance with Sec. 1162 (1) CCP because he wa:
absent from his place of residence; and absent from his usual place of business; AND there was no person of suitable
age and discretion at either his said place of residence or his usual place of business.

OC His place of residence or usual place of business could not be ascertained with the exercise of reasonabie diligence.

{ therefore served a copy of said Notice on the tenant,by:
Affixing.a copy of said Notice in a conspicuous place on the property mentioned in said Notice, on _April______
th 2003 _  at_2__: 12 P_M AND,

1D Delivering a copy to a person there residing.
%® No person could be found there residing.

and by mailing through the U.S. Mail, postage prepaid, in a sealed envelope at San Francisco, California, a copy of th
Notice addressed to the said tenant at the place where the property is situated, on 04/28 _20.03, at. 09. :_00,_AN

| declare under penalty of perjury that the foregoing is true and correct.

Executed at San Francisco, California, on __May 9, ee

HOUSING AUTHORITY OF THE CITY & COUNTY OF SAN FRANCISCO

LANDLORD [AGENT OF THE LANDLORD AND A PERSON OF 5)
440 Turk Street, San Francisco, Ca. 94102 — "AND DISCRETION)
(415) 554-1200

20.03