Complaint,Petition: SAN FRANCISCO HOUSING AUTHORITY VS. CORNELLIA SIMS et al

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                MN

San Francisco Superior Courts
Information Technology Group

Document Scanning Lead Sheet
Oct-16-2002 1:15pm

Case Number: CUD-02-602712
Filing Date: Oct-16-2002 1:15
Juke Box: 001 Image: 00529926
COMPLAINT

SAN FRANCISCO HOUSING AUTHORITY VS. CORNELLIA SIMS et al

001000529926

Instructions:
Please place this sheet on top of the document to be scanned.NY WY

ATTORNEY OR PARTY WITHOUT ATTORNEY (Nama and Adaress) TELEPHONE NO. FOR COURT USE ONLY

CARL L. WILLIAMS, SBN 124304 415-554-1287
Office of General Counsel

mci Housing Authorit re
190 Turk Streets MUTROFEY SUMMONS ISSUED
San Francisco, CA 94102

ATTORNEY FOR (Name: SAN FRANCISCO HOUSING AUTHORITY
Name OF court; SUPERIOR COURT OF SAN FRANCISCO

streetappress: 400 McAllister Street Sah Francisco County Superior Court
MAILING ADDRESS: (Same as above)
cirvanDzipcope:: San Francisco 94102 act 16 2002

eranci court: LIMITED CIVIL JURISDICTION
PLAINTIFF; SAN FRANCISCO HOUSING AUTHORITY G@RTION PARK-L),£lerk
BY: puty Clerk

DEFENDANT; CORNELLIA SIMS, DANIEL W. SIMS

i DOES 1 To 10

AMENDED COMPLAINT - Unlawful Detainer* ee ODT

1. a, Plaintiffis (1) «jan individual over the age of 18 years (4) (J a partnership
(2) ' a public agency (5) J acorporation
(3) |__ other (specify):

b, ._| Plaintiff has complied with the fictitious business name laws and is doing business under the fictitious name of
(specify):
2. Defendants named above are in Possession of the premises located at (street address, apt. No., city, and county):
27 Brookdale Ave,San Francisco, CA 94134

3. Plaintif’s interest in the premises is x) as owner [7] other (specify):

4. The true names and capacities of defendants sued as Does are unknown fo plaintiff.

5. a. Onor about (date): 6/29/00 defendants (names): Cornellia Sims - Daniel W. Sims

(1) agreed to rent the premises for a %S month-to-month tenancy [__] other tenancy (specity):
(2) agreed to pay rent of $271.00 payable [X] monthly ——] other (specify frequency):
The rentis due on the _X_j firstofthe month {~_} other day (specify):

b. This -X™) written oral agreement was made with
(1) x plaintiff {3)__ ] plaintiffs predecessor in interest
(2) plaintiff's agent (4) other (specify):
c The defendants not named in item 5a are
(1) «i subtenants (2) |_ assignees (3) ["] other (specify):

d.  % | The agreementwas later changed as follows (specify): Tenant's rent was decreased to $188.00 per
;~, Month effective 12/1/00
@. |X: A copy of the written agreement is attached and labeled Exhibit 1.

6. Xa. Defendants (names): Cornellia $ ims, Daniel W. Sims
were served the fallowing notice on the same date and in the same manner:

(1). X., 3-day notice to pay rent or quit (4) L.. 3-day notice to quit
(2) 3-day notice to perform covenants or quit (5): ._] 30-day notice to quit
(3)... other (specify): 14 Day Notice served on 4/19/02-See Attachment 14
b. (1) On (date): 4/24/02 , the period stated in the notice expired at the end of the day,

(2) Defendants failed to com: ply with the requirements of the notice by that date.
. All facts stated in the notice are true.

X_. The notice included an election of forfeiture.
.& , A copy of the notice is attached and labeled Exhibit 2.

One or more defendants was served (1) with a different notice, of (2) on a different daie, or (3) in a different manner,

moa 9

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

Ferm Approved by tha - i Givi Coc, § 1940 el seq,
Jucicial Couns of Cevfoenia COMPLAINT - Unlawful Detainer Coen of Ss sed oe Se
952.1(90) |Rev. duly 1, 1996)PLAINTIFF (Name): SAN FRANCISCO HOUSING AUTHORITY CASE NUMBER:

[DEFENDANT (Name): CORNELLIA SIMS, DANIEL W. SIMS 602712
7.a.. % ; 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 (dafa):
(2) _] by leaving a copy with (name or description): > a person
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 ar usual place of business.

(3) |X” by posting a copy on the premises on (date): 4/19/02 { __j ard giving a copy to 2 person found
residing at the premises) AND mailing a copy to defendant at the premises on (date): 4/19/02
(a) ..._| because defendant's residence and usual place of business cannot be ascertained OR
{b) (x) because no person of suitable age or discration can be found there.

(4) __: (net 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):

(6) _ (not for residential tenancies; see Civil Cade section 1953 before using) in the manner specified in a written
commercial lease between the parties.
“ (Name): was served on behaifof ali defendants who signed ajointwritten rental agreement.
Information about service of notica 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 $ 2,256.00
10. Xi The fair rental vatue of the premises is $ 6.27 per day.
14,._..| Defendants continued possession is malicious, and plaintiff is entitled to Statutory damages under Cade 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 cantro! ordinance of (city or county, title of ordinance,
and date of passage):

Plaintiff has met all applicable requirements of the ordinances.
14... X | Other allagations 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. [© damages at the rate stated in item 10 from

b. costs incurred in this proceeding. (date): 5/19/02 for each day

c. X | past due rentof$ 2,256.00 __, defendants remain in possession through entry of judgment.
d. reasonable attorney fees. g. | statutory damages up to $600 for the conduct alleged in
e., % - forfeiture of the agreement. item 11.

h. |__] other (specify):

17.,.%. Number of pages attached (specify): 12
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.:
¢. Street address, city, and ZIP:

d. County of registration: e, Registration No.: 7. Expires on (date):
os
CARL. 1... WILLIAMS, SBN 12430400000... >
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFFOR ATTORNEY)

VERIFICATION
(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}

382.1400) (Rev. duly 1, 1893) COMPLAINT - Unlawful Detainer Page twoSe WV

SHORTTITLE: SAN FRANCISCO HOUSING AUTHORITY CASE NUMBER:
y.Cormellia SIMS, DANIEL W. SIMS 602712

1|| ATTACHMENT 14
2
3 Plaintiff alleges that it is a public agency and, therefore, exempt

4|| from the requirement that the Unlawful Detainer Complaint be verified. Code
5||}o£ Civil Procedure Section 446(a).

6 Plaintiff further alleges that as a public agency, it is exempt from
7\| the Court filing fee requirements.

8 Exhibit (3), Fourteen (14)Day Notice requiring defendants to pay rent
glldue or to surrender the Premises within fourteen(14) days after service.

10 The Fourteen (14) Day Notice was served pursuant to Paragraph 17(B)
11|| (1) of the Lease agreement between the San Francisco Housing Authority and
42]| Defendant.

13 Exhibit (4), A true and correct copy of the written document

14|| notifying defendants of rent adjustment.

26 (Required for verified pieading) The items on this page stated on information and belief (specify item numbers, not line

numbers): 2

27

This page may be used with any Judicial Council form or any other paper filed with this court, | page 3

Fon Approved bye ADDITIONAL PAGE
NiGL020 ow damon #1987] Attach to Judicial Gouncil Form or Other Court Paper cRe201, 501OPT from 6-03-058

uO SAN P-ANCISCO HOUSING AUTHORITY DWELY“G LEASE
1. LEASE SUMMARY

. wy , Name of Tenant(s) Sex Date of Birth Social Security Number
7, SIMS, CORNELLTA (Head of householdy Mo |FRK 04-20-60 7549 ~17 .. 7915
2. SIMS, DANIEL W. (Co-Leasee) Maj Fa 06-19-56 570 17 Tg
3. MO |}FQ ome
(8) "Address of Residence
27_ BROOKDALE AVE San Francisco, CA 941_34
Number of Badrooms 3 [Account Number 890890
Name of SFHA Bullding or Development SUNNYDALE [unitNumber 030537
(c} Effective Date & Amounts
Effective Dale June 29,2000 00a | Initial Paymant — $ [ Monthiy Rent § 271.00
Monthly Rent Due The first day of each celendar month | Securlly Deposit, $ 475,00 | PetDeposit $N/A
2. PARTIES .

This lease agreement ("Lease") is between the San Francisco Housing Authorily (“SFHA") and the tenant or tenants fisted in Section 1(A)
("Tenants"). Each of the Tenants is Individually, jointly and severally responsible for performance of all obligations under this Lease,
including payment of rent

3. PREMISES, LEASE TERM AND RENEWAL
Under the Lease, the SFHA shail rent to Tenants the dwelling unit described in Section 1(B) above ("Residence"). The Residence is
located in a federally funded public housing development (“Development”) owned by the SFHA. The Lease shail be for a period of one
calendar month, and shall be automatically renewed each month, unless terminated by the SFHA or Tenants pursuant to this Lease.

4. HOUSEHOLD MEMBERS

(A) The Residence is a private residence to be occupied only by Tenants and the following members of Tenants’ household:
Name Of Household Member(s) Sox Date of Birth Relation to Tenant Social Security Number
1. SIMS. DERRIAS MxX | FO} 04-10-88 Son 606.28 -. 5912
2 SIMS, LANIA mo |[Fxx| 03-13-89 | Der. 606 28 3950
3. SIMS, JR, DANIEL MxxX | FO] 12-30-90 | Son 620-44 - 7956
4. Mo /Fo ==
5. Mo [Fo -
6. Mo [Fo - =
Additlonal Household Members must be listed on a separate sheet attached to this Laase

(B) The terms "Household" and “Household Members" shall mean only Tenants and the persons listed in Section 4(A) above.

(C} Household Members shail have the right lo exclusive use and occupancy of the Residence in accordance with the terms of this Lease,

including reasonable accommodation of guests. The term “guest* means a person in the Residence with the consent of Tenants.

However, Tenants may nat knowingly permit anyone other than a Household Member to use the Residence as an address or as a “mail

drop.” Tenants may not permit anyone other than a Household Member to stay at the Residence for more than 14.days in any month or

45 days in any 12-month period without the prior written permission of the SFHA. Tenants shall immediately (no later than 10 days after

the occurrence) notify the SFHA in writing if any Household Member vacates or no longer resides at the Residence.

Hf Tenants want to add a Household Member (excluding natural births), that person must firs! meet all applicable eligibility and screening

requirements. The SFHA shall make reasonable efforts to accommodate additional eligible persons to the Household except where the

addition would result in overcrowding of the Residence. The Household, however, shall not be entitled to any priority or preference with
regard lo transfer ta a new dwelling unit based on @ change in the size of the Househeld.

{f a Household Member qualifies to have a live-in aide, the aide shall have no tenancy rights must first meet all applicable screening

. requirements. The aide may live at he Residence only so long as the Household Member qualifies for the aide's necessary services.

5. RENT

The Initial Payment (Section 1(C) above) shail be for rent for lhe period beginning on the Effective Date and ending at 11:59 p.m. on the

last day of that calendar month. The Initial Payment is due at the time Tenants sign the Lease. Thereafter, monthly cent in the amount

listed in Section 1(C) above (“Monthly Rent") shall be due and payable in advance on the first day of each calendar month. Tenants shall
participate in a direct payment program if requested to do so by the SFHA or their benefil provider. The Monthly Rent is subject to change
pursuant to the procedure set forth in Section 6 (RENT DETERMINATIONS AND MODIFICATIONS).

(B} Should Tenants fail to pay Monthly Rent by the fiflh day after il is due, then Tenants shall be liable for an administrative late charge in the

amount of fifteen dollars ($45), which shall be due and payable 14 days after SFHA gives written notice of said charge.

The SFHA shall apply al! moneys received from Tenants to the oldest amount due on the Tenants’ account. All amounts due the SFHA

under the Lease and all payments made by Tenants pursuant to the Lease shall be fisted on the Tenants’ account.

(D) Tenants shall pay rent to the SFHA by persona! check, certified check, or money order. The SFHA may require payment by certified
check or money order if Tenants’ bank has returned one or more personal checks unpaid within the last 12 months. The SFHA may
impose a service charge (o cover charges imposed for returned checks. The SFHA shall not accept personal checks for past-due rent

{E) Tenants shail be liabte for rent through the date that ail Household Members vacate the Residence, provided that Tenants have given at
least 30 days written notice lo the SFHA of their intent to vacate. In the absence of such notice, Tenants shall be liable for rent for 30
days after the dale that the SFHA actually learns that all Household Members have vacated the Residence,

{F} Ifthe SFHA transfers the Housenold to another SFHA dwelling unit. any charges or credils due on the Tenants’ account shail be

{Dj

(E

(A

(Cc)3
. o~ Y

(E) if Tenants claim that a Household Met # has vacated the Residence, then the SFHA “SFrequire Tenants to submit salisfactory proof

(Fy

{G

(H

(A!

)

(8)

(c

(D)

(F;

(A

)

thal the Household Member no longer lives at the Residence!
The SFHA shall have the right to demand that Tenants submit to an interim rent review if the SEHA 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.
If the SFHA increases the Monthly Rent pursuant to a rent review, then the new Monthly Rent shail be effective on the first day of the
second month following the complelion 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
if the SFHA decreases the Monthly Rent pursuant to the review, then Ihe revised Monthly Rent shall be effective on the first day of the
month following the completion of the review.
7. DEPOSITS

At or before move-in, Tenants shall pay an amount equal to the Monthly Rent or $50, whichever greater, as a securily deposit
The SFHA may use the security deposit at the termination of the Lease for any purpose permilted by California law. The SFHA shall
retum the securily deposit lo Tenants within three weeks after Househoid Members have vacated the Residence, less any deductions
permitted by law.
The SFHA may collect a pet deposit in accordance with the Pet Policy. Tenants may request a refund of the pel deposit upon the
termination of tenancy or 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 pel damage and after making reasonable deduction for such damage.
The SFHA shall be under no obligation to maintain moneys paid toward security or pet deposils in a segregated account. The SFHA shall
be under no obligation to pay interest on these deposits,

8. UTILITIES, APPLIANCES AND SERVICES
if the SFHA provides ulilities, 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.
If the SFHA does not provide utilities, 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,
The ulilily allowance schedule and excessive utiiily 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 beyand its control,
The SFHA shall furnish the Residence wilh 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 funning water,
The SFHA shall charge Tenants for any service, repair, maintenance or equipment made necessary by Tenants’ failure lo 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 cammon areas, and for cleaning or extermination, made necessary by

, Household Members or their guests.

(B}
(c}

(D)

(E;

{F

(G.

(H)

(

{A

Charges assessed lo Tenants for maintenance ar repair services, or for excessive ufilily consumption, shall be charged to the Tenants’
account and shall be due and payable on the first day of the second month following the menth in which the charges are incurred
9. PET PROHIBITION
Dogs and other animals are prohibiled unless specifically permitled by the SFHA Pet Policy and a written amendment to this Lease. The
current Pat Policy is available at (the Development office or from the SFHA. Keeping an animal in violation of the Pet Policy shail be
grounds for immediate termination of this Lease and eviction.
10. INSPECTIONS AND ENTRIES
The SFHA and Tenants shail inspect the Residence before Tenants take occupancy. The SFHA shall furnish a written statement of the
condition of the Residence and the ulililies and equipment provided with the Residence. Tenants and the SFHA shall sign the statement.
Tenants shall submit to an annual inspection of the Residence, upon request of the SFHA,
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 ta cooperate with inspections, maintenance, repairs, or pest control,
The SFHA shall inspect the Residence when Tenants vacate and shall furnish a statemenl of damage to the Residence, including
charges to be deducted fram the security deposit. Tenants may participate in the pre-termination inspection.
Tenants, by requesting the SFHA ta perform maintenance or make repairs at the Residence, shali give the SFHA permission to enter the
Residence without notice
Tenants shall permil the SFHA, upon reasonable advance notice, to enter the Residence during narmal business hours so thal the SFHA
may perform routine inspections or maintenance, make improvements or repairs, or show the Residence for re-leasing. A written
statement specifying Ihe purpose of the entry delivered to the Residence at least forty-eight (48) hours in advance shall be considered
reasonable.
Vall 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.
The SFHA may enter the Residence wilhout 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 permil a peace officer or building or health inspector lo enter the Residence upon presentation by such official af a
warrant or order, or 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.
1t. TRANSFERS.
\f the SFHA determines that: (1) the size of the Residence is no tonger appropriate for the Household composition; or (2) a transfer ic.{E)
{Fy

iG

(H

())

(A)
(8)
{c}

{D)

(E)
(F)
(s)
(H)
)

W)

(kK)

(

(™)
(N)

(0)
{P)

{Q)
{R)
{8}
{T)

(u

{A)

(B)

(A)
{B)

(C}

a

Maintain in good and safe working ord “~fid condilion electrical, plumbing, sanitary, he, “J, ventilating, and other facilities and
appliances, including elevators, supplied or required to be supplied by the SFHA.
Provide and maintain appropriate receptacles and facilities for the deposit of garbage, rubbish, and other waste Tenants remove from the
Residence.
Supply running water and reasonable amounts of hol water and heat, except in those cases where the heat or hot water is generated by
an installation within the exclusive contral of Tenants and supplied by a direct utility connection.
Nolify 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 requesl 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.
Provide, at the Tenants’ request, reasonable accommodation of a disability of any Househeld Member.
13. OBLIGATIONS OF TENANTS, HOUSEHOLD MEMBERS AND GUESTS
In addition lo their other obligations under the Lease, Tenants must comply with, and must cause Household Members and guests to
comply with, the following rules:
Nol to assign or sublease the Residence and to.notify the SFHA when a Household Member vacates lhe Residence.
Nol to provide accommodations for boarders or lodgers.
To use the Residence solely as a privale 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.
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 (he Development office and are incorporated by reference in this Lease. To comply with all obligations imposed
by applicable building and housing codes affecting heaith and safety.
To keep the Residence and other areas assigned to Tenants for their exclusive use in a clean and safe condition
To dispose of all garbage, rubbish, and other waste from the Residence in a sanitary and safe manner.
To use only in a reasonable manner all electrical, plumbing, heating, sanitary, ventilating and other facilities, including elevators.
To refrain from destroying, defacing, damaging or removing any part of the Residence or the Development.
To refrain from tampering wilh any gas, electric or other utility meter or line.
To pay reasonable charges for the repalr of damages (other than normal wear and lear) to the Residence or the Development, caused by
a Household Member or a guest.
To act in a manner thal will not disturb the other residents' peacefu} enjoyment of their accommodations, and will be conducive to
maintaining the Development in a decent, safe, and sanitary condition.
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
amployees; or (2) any drug-related criminal activity on or off SFHA property.
Not to have pets or other animals except as specifically permitted by the SFHA Pet Policy and under this Lease.
Not to have any illegal weapons, fireworks, explosives, combustible or ather hazardous materials in ar around the Development (see
Saction 14 (FIREARMS PROHIBITION))
Not to create or permit to exist any condition that results in risk to the health or safely of any person or damage to property.
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 wrilten consent of the SFHA.
Not to have a water bed wilhout prior written consent of the SFHA.
Nol to repair automobiles, motorcycles, other motor vehicles, or any other heavy machinery anywhere on the Development property.
Nol to drive or park motor vehicles on areas not specifically designated for driving or parking.
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.
To assure that all Tenants, Household Members, guests, and other persons under the Tenants’ control, shall nol trespass on or illegally
enter SFHA property, including but nol limiled to vacant units and areas under construction.
14, FIREARMS PROHIBITION
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 bul not be limited to: all pistols, revolvers, other handguns, rifles,
shotguns, automatic and semiautomatic guns, and any other instrument which expels a melallic, partly metallic, or other hard projectile,
Including but not limiled to BB guns, air guns and spring action guns.
Ownership, possession, transportation ar use of a firearm shall be permitted on SFHA property only if each and every such fireanin
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 itself 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 (5) the firearm is not used,
stored or handled in a criminal, illegal, reckless, careless or negligent manner.
15. DAMAGE TO RESIDENCE OR DEVELOPMENT
Tenants shall immediately notify the SFHA of any damage to the Residence or the Development.
if the Residence is damaged to the extent that conditions exis! that are hazardous lo life, health or safety of Household Members, then:
(1) Tenants shal! immediately notify the SFHA of the damage; and (2) the SFHA shall repair the Residence within a reasonable time
(however, ifa Household Member or guest caused the damage, then the cost of repairs shall be charged to Tenants).
The SFHA shail offer standard allernative accommodations, if available, when necessary repairs cannol be made wilhin a reasonable, ~ 47. TERMINATION BY SFHA

(A) The SFHA may terminate or refuse to renew this Lease for serious or repeated violalions of material terms of the Lease, such as the

- “failure to make payments due or lo 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 (far habitual late rent).
The SFHA shall give Tenants written notice of termination of the Lease, stating the grounds for the termination, and informing Tenants of
the right to make such reply as Tenants may wish. The notice shall also notify Tenants of their right to examine SFHA documents directly
relevant lo 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 lo the health or safely of other residents or SEHA employees.
Grounds for termination under this provision include, but are nat limited to, the following: (a) any activily that threatens the health,
safety or the right to 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 criminat 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, inciuding 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 conlinued occupancy by non-offending Household Member(s) provided they agree that the

offending Household Member(s) shail not reside at or visit he Premises and shall nol 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 pragram 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 Ihe

notice. {f 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 deamed to have waived its right to terminate the Lease
or to prosecute and maintain an action lo evict Tenants.
18. LEGAL NOTICES

Nolice to Tenants shall be in wriling and delivered to any Tenant, or to any adult Household Member, or may be sent by first-class mail

properly addressed to Tenants.

Notices to the SFHA shall be In writing, delivered lo the Development office or the SFHA district office personally or sent by first-class

mail properly addressed.

(BI

(c

a
B

19. GRIEVANCE PROCEDURE

If the SFHA seeks to terminate the Lease or takes some other adverse action against the Household, Tenants may, in some instances,

be enlitled to request a grievance hearing to contest the action. Tenants may also be entitled, in some instances, to a hearing to resalve

other disputes or grievances with lhe SFHA. The SFHA's Grievance Procedures set forth what matters can be the subject of a grlevance
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

Any changes lo this Lease shall 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 utility 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 shail 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 lo make written comments. The SFHA shalt
consider resident comments before the proposed changes become effective.
21. MISCELLANEOUS

{A) If any provision of this Lease {s found to be void, unenforceable or Hlegal, then the remaining provisions shall remain in effect.

{B) Tenants are responsible for protecting and insuring their personal properly. The SFHA’s liability for loss, damage or injury is limited to
that imposed by law.

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

(D)_ Tenants warrant thal 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 herelo and all documents incorporated by reference constitute the entire agreement between the parties.

(F} In any tegal action to enforce the Lease, each party shall bear its own atlorneys’ fees. The prevailing party shall recover court costs.

(G) The SFHA’s failure to insist in any one or more instance upon the slrict observance of the ferms 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 wriling, signed by an authorized agent of the SFHA.

22, SIGNATURES

BY SIGNING THIS LEASE, EACH TENANT CERTIFIES THAT:

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

2. That all of the 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 29th day of __June , 4952000

(A

(B)

TEATS.SAN __ ANCISCO HOUSING A_"HORITY

: Ada] :1=1 =m): a Len 10) Oy) ani) Re)! at as eee csi eh

DATED PROJECT ACCOUNT.
04/19/92 293 890890
SPECIAL THREE DAY s
TO: __Geyneliig Sine
27 Brookdale Ava . TENANT IN POSSESSION

San Franeiseo, Ca. 94134

NOTICE IS HEREBY GIVEN THAT, PURSUANT To THE LEASE BY WHICH YOU HOLD POSSESSION
OF THE ABOVE-DESCRIBED PREMISES, THERE !S NOW DUE AND UNPAID RENT FOR SAID PREMISES
IN THE SUM OF $ 9256.90 , BEING THE RENT THAT BECAME DUE ON 93/93/02 FOR
THE PERIOD FROM 04/01/01. TO 03/31/02 .

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 QUT 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: April 19, 2002
HOUSING AUTHORITY OF THE CITY AND
COUNTY OF SAN FRANCISCO
440 TURK STREET
SAN FRANCISCO, CALIFORNIA 94102

DATED: April 19, 2602 cr
JAE QRawr Odo. Qua
cahayes
(PRINT NAME)

SPANISH AND CHINESE TRANSLATIONS ON REVERSE SIDE

FORM #97329 (1/02) . EXHIBIT 2. SAN “RANCISCO HOUSING A! “THORITY

Wee x

“DSS a eile rN a Se ES eee

RENT PAYMENTS MAY 8E MADE IN PERSON AT:

SAN FRANCISCO HOUSING AUTHORITY
440 TURK STREET

SAN FRANCISCO, CA 94102

ATTN: MYLIKA SMITH ~

- (418) 554-1200
“MONDAY - FRIDAY, 8:30 A.M, to 4:30 PM.

RENT PAYMENTS MAY BE 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 2 OF 2we

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

{, the undersigned, Allyn Haves declare as follows:
| served the attached:

(Three day notice to pay or quit.
CThirty 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 Cornellia Sims RESIDENCE 27 Brookdale Avenye
San Prancisco, CA 94134

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 2, sole-praprietor, or partner”).

°- 1, WHERE SERVICE OF NOTICE IS CLAIMED UNDER CCP 1162 (1) FILL OUT THE FOLLOWING PORTION OF THIS
DECLARATION:
D By delivering a copy personally to the tenant above-named, at 2 Mon , 19.

at

ADORESS

2. WHERE SERVICE OF NOTICE IS CLAIMED UNDER CCP 1162 (2) FILL OUT THE FOLLOWING PORTION OF THIS
DECLARATION:
C1 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) G His said place of residence, on 19 at : , M
_ OR:

{B) ( His usuat place of business, on 19 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 19 , 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 was
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.

Q His place of residence or usual place of business could not be ascertained with the exercise of reasonable 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 19, 2002
48k. ,at_11:28 _, _A_ MAND,

O 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 the said tenant at the place where the property is situated, onOA~19/02%&% , at_a:gg PM

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

Executed at San Francisco, California, on April 24, 2002 RK
HOUSING AUTHORITY OF THE CITY & COUNTY OF SAN FRANCISCO (\
TANDLORO Taam NBCORG, & ERSUN OF SUITABLE AGE

440 Turk Street .
San Francisco, CA 94102
(415) 554-1200

ARON NET ONY,

AIS FNSOdd tear

20/21/80 cao SAAVH NATIV ‘a TVGANNNS 48

BETbG “VO ‘OOSIONVHA NYS ZOLb6 VINHOAITYS 'OOSIONVHS NYS
SAV FIVUAOOUT 12 LRAYLS MHNL OPy
VITTUNYOD ‘SKIS OOSIONVHS NVS 30

ALNNOS GNY ALIO SHL IO ALIYOHLNV SNISNOH

“NOA LSNIVDY LYNOD NI G3TIs 38 AVW NOILOV NOILOIAS
NV 'SONVASIHD ¥ HOS LSANDSY V ANd LON Od NOA dt WHOS ONIYWSH SONVAZIHD ¥ HOd JS3NO3Y V INO Td GNV
SOLLON SIHL G3AIZO4Y NOA FLV SHL WOU SAV (bt) NBSLENOS NIHLIM 301450 S.YAOVNYW ALHadOHd YNOA OL OF
AVIN NOA HO SOILON SIHE GSAIZOSY NOA Sid SH WOws SAvO (bt) NISLHNOS NIHLIM 30ld4O SHSDVNVW ALYSdOUd
UNDA OL LSANOFY NSLLIYM ¥ LINENS LSNW SAWWLNASSYdSY CIZIFOHLAY YNOA HO NOA ‘ONIHVSH ¥ LNYM NOA
dt SUNGSOOUd JONVASIWD SALIMOHLNY ONISNOH COSIONYHS NYS SHL HLIM SONVGHOOOY Ni ONIMV3SH ¥ LSSNOSY
OL LHDIY ¥ SA¥H NOA ‘ATIVNOILIGGY "NOILLWNINYSL 3SW37 FHL OL LNVASTSY SLNAWNIOG ALIYOHLNY DNISNOH
OOSIONVES NVS SNINVX4A OL LHOI SHL SAVH NOA “SOLLON NOLVNIAYSL SIHL OL Ald3Y OL LHDIY AHL SAVH NOA

ea AR fore T

QNNO4 SIN3Y HIM Y3HLS9OL ‘S3SINZUd GIYS JO NOISSASSOd Y3AODRH O1 NOA ISNIVDY SDNIUSSI0Nd WOST
SLALILSNI “TIM ALIOHLNY SNISNOH OOSIONVHS NYS SHL ‘SAOSY CaHINOSY SV WNS OWS AVd OL WI NOA al
ROA AS CEH BY¥ S3SINIUd TI¥S HOM. YAIONN 3S¥37 SHL JO SWUSL SHL MI G3qiAOud SY TY

“and .

“SONVAGWY «NI -3TBVAVd = HINOW «Hd O0°88T ¢ lv ATINSUNO SO/TE/EO on
LOL 4g/ FO WOU LNVNELY SY F1dND00 GNY GSN aAVH GNY ‘NOISS3SSOd 10H MON
NOA HOIHM = MO1Z8 ‘ageROSsa BAOEY ~ id SHE sO INSU Si HOIHM 00°9S2% $Avd OL 3D1LLON

SIHL 40 3i¥O SHL USLIV SAVO (hI) NSSIHMOF NIHLIM ‘OL G3HINDSY SUV¥ MOA IWHL GSWUON ASIUJH 3uY NOK
. NOISS3SSOd NI (SLINYNAL

annoooy rpanowe ava SOLLON LNVLYOdWI

068068 600 201eT/80 ALIMOHLNY DNISNOH OOSIONVES NVS

HOLM ISHWHL ASSMHD FHSINVdS —- (0-2) Bs9e WafhZeZS VHIS

EXHIBIT 3—
SRE FRAKCISCS ROUT
440 TURK SPREET

GAR FRARCISCS, CALIF. 94102

AUTHORITY

PIQPERTY OFFICE SUMNVTALE
FROXE MUREER 4155B21000

SHEN HRSHINGT
2004

GRTE Baye

e Re-Certificesion

hank 7a for your 2a

Que tah

sti! y , for “tantinuee ot

You are 2 iitte to resein is ¢
Tour Srcas f aeat bis $ sata

ROEMT CHELIRE

¥ lease 8gS2

Deductigna:
HINCESSTUSOTY BES FAR KEF-436

Gusace of a

the above patr Hoathly Coateact feat has change

is to $488 rer aonth offactive 12/01/90
Your rant set retraictively sad yore accoink
She ceelod 12/94/98 be E2300 2g failous: .

ay

Peavicasly charged a S271 par santa
Ehangec ta $152 per 23
Yat ceadis £3 accquat

§ notice, fieese

EXHIBIT 4