Miscellaneous: SAN FRANCISCO HOUSING AUTHORITY VS. TELISHA BURNS et al

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San Francisco Superior Courts
Information Technology Group

Document Scanning Lead Sheet
Jun-17-2002 8:45am

Case Number: CUD-02-602803
Filing Date: Jun-17-2002 8:43
Juke Box: 001 Image: 00443377
COMPLAINT

SAN FRANCISCO HOUSING AUTHORITY VS. TELISHA BURNS et al

001000443377

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

ATTORNEY OR PARTY WITHOUT ATTORNEY {Name and ‘Adaress): TELEPHONE NO.: FOR COURT USE ONLY
PHILLTE MATSUMOTO, SBN 140386 415-554-1287
CARL l.. WILLIAMS, SBN 124304
gan Francisco Housing Authority
440 Turk Street
San Francisco, CA 94102
ATTORNEY FOR Namo __ SAN FRANCISCO HOUSING AUTHORITY,

wae orcourr, SUPERTOR COURT OF SAN FRANCISCO

sincetaconess: 400 McAllister Street

waungaooress: (same as above)

sivanvzipcooe San Francisco 94102

arancn court, LIMITED CIVIL JURISDICTION

PLAINTIFF, SAN FRANCISCO HOUSING AUTHORITY

2002

DEFENDANT: Telisha Burns

1 poes 1 To 10

ASE NUMBER:
COMPLAINT - Unlawful Detainer* i
1. a, Plaintiffs (1) ‘an individual over the age of 18 years (4) |. apartnershipe?
(2) _X a public agency {8) [| acorporation
(3). {other (specify):
b. , Plaintiff has complied with the fictitious business name laws and is doing business under the fictitious name ot
(specify):

2. Defendants named above are in possession of the premises located at (street address, apt. No., city, and county):
136 Cameron Way, San Francisco, CA 94124

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 plaintiff.

5. a. Onor about (date). 6/5/02 defendants (names): Telisna Burns

(1) agreed to rent the premises fora (X_ month-to-month tenancy ~} other tenancy (specify):
(2) agreed to pay rent of $ 475.00 payable _%! monthly {._1 other (specify frequency):
The rent is due on the |X! firstofthe month [other day (specify):

b. This X° written __. Oral agreement was made with
(1) x | plaintiff (3)[" plaintiff's predecessor in interest
(2) plaintiff's agent (4)| 1 other (specify):
c. The defendants not named in item 5a are
(iy subtenants (2) |__. assignees (3) _.__ | other (specify):
d. The agreement was later changed as follows (specify):

e. . X : Acopy of the written agreement is attached and labeled Exhibit 1.

6. Xa. Defendants (names): Telisha Burns
were served the following notice on the same date and in the same manner:

(1) X., 3-day notice to pay rent or quit (4) 22 | 3-day notice to quit
(2) 3-day notice to perform covenants or quit 6) 30-day notice to quit
(3) other (specify):
b. (1) On (date): 5/29/02 . 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.' %  Acopy of the notice is attached and labeled Exhibit 2.
f 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 atlach a statement providing the information required by items Ga-e
and 7 for each defendant.)
*NOTE: Do not use this form for evictions after sale (Code Civ. Proc., § 11614).
{Cantinued on reverse)
~~ Feim Approved by the COMPLAINT - Unlawful Detainer Gwil Cove, § 1940 et $29,

Jude al Council af California Code of Cll Prosodure § 125.12
982.199} [Rev. July 1, 1998)[ PLAINTIFF wane): SAN FRANCTSCO HOUSING AUTHORITY CASE NUMBER

[DeFeNDaNT (Name). ‘velisha Burns
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) ; by leaving a copy with (name or description): » a person
of suitable age and discretion, on (date): at defendant'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 piace of business.
(3) x _ by posting a copy on the premises on (date): 5/24/02 ({~ | and giving a copy to a person found
residing at the premises) AND mailing @ copy to defendant at the premises on (date): 5/24/02
{a} because defendant's residence and usual place of business cannot be ascertained OR
(b) .& ” because no person of suitable age or discretion can be found there.
(4) (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 behalfof all defendants who signed ajointwritten rental agreement.
Information about service of notice on the defendants named in item 6f is stated in attachment 7c.
Plaintiff demands possession from each defendant because of expiration of a fixed-term lease.
At the time the 3-day notice to pay rent or quit was served, the amount of rent due was $ 1 7225.00
The fair rental value of the premises is $ 15.83 per day.
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 fo $800 in aitachment 11.)
12... | Awritten agreement between the parties provides for attomey fees.
13, Defendants’ tenancy is subject to the local rent control or eviction control ordinance of (city or county, fille of ordinance,
and date of passage):

>See”
os
nx -

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): 6/29/02 for each day

© X. pastduerentof$ 1,225.00 defendants remain in possession through entry of judgment
d. reasonable attorney fees. 9 3 statutory damages up to $600 for the conduct alleged in
©. X . forfeiture of the agreement. item 11.

h. 7 other (specify):

17. X | Number of pages attached (specify): 12
UNLAWFUL DETAINER ASSISTANT (Business and Professions Code sections 6400-6415)
18. (must be answered in ali cases) An unlawtul 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. Telaphone No.:
¢, Street address, city, and ZIP:

d. County of registration: e. Registration No.: f. Expires on (date):

PHILLIP MATSUMOTO, SBN 140386... |... » "Palle Vust-pp

(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR 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: >

(SIGNATURE OF PLAINTIFF}

982 1(99} (Rev. vuly 1, 1296) COMPLAINT - Unlawful Detainer Page twoww

SHORT TITLE: SAN FRANCISCO HOUSING AUTHORTTY CASE NUMBER:
elisha Burns

1]) ATLACHMENT 14

3 Plaintiff alleges that it is a public agency and, therefore, exempt

4|| from the requirement that the Unlawful Detainer Complaint be verified. code
§|,of Civil Procedure Section 446(a).

6 Plaintiff further alleges that as a public egency, it is exempz from
7||/the Court filing fee requirements.

8 Exhibit (3), Fourteen (14)Day Notice requiring defendants to pay rent

$)| Que or to surrender the Premises within fourteen(14) days after service.

26 (Required for verified pleading) The items on this page stated on information and belief (specify item numbers, not line
numbers): 1

27

This page may be used with any Judicial Council form or any other paper filed with this court. Page_3

Form Agproved by the ADDITIONAL PAGE
130.020 Now loruary 14997 Attach to Judicial Council Form or Other Court Paper

RC 201, $01(A)

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SAN FR..4CISCO HOUSING AUTHORITY DWELE nes LEASE
1. LEASE SUMMARY
Name of Tenant(s) oe Sex Date of Birth Social Security Number
1. Burns, Telisha MO | Fok 9/24/76 566 47 6635
2. MO |}FO soos
MB }Fa - =
Address of Residence
136 Cameron Way San Francisco, CA 9. i_24
Number of Bedrooms z [Account Number 015140
Name of. SFHA Bullding or Development Alice Griffith { UnitNumber 160170
3 Effective Date & Amounts: 5 L
Effective Dato. 06/05/02 148X | Initial Payment [Monthly Rent. $ 475.00
Monthly Rent Dula The first day of each calendar month | Security Deposit $ 135.00 | PetDeposit $
2. PARTIES ‘

This lease agreement ("Lease") is between the San Francisco Housing Authority (‘SFHA") and the tenant or tenants listed in Section 1(A)
(‘Tenants’), Each of the Tenants is individually, jointly and severally responsible for performance of alt abligations under this Lease,
including payment of rent.

3. PREMISES, LEASE TERM AND RENEWAL
Under the Lease, the SFHA shall 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

The Residence is a private residence ta be occupied only by Tenants and the following members of Tenants’ household:

‘Name Of Household: Member(s) Sex ‘Date of Birth Relation to Tenant Social Sacurity Number

1. Watts, Kelvon Mex [Fo | 7/26/92 Son 617 6 8221

2. Hollinsworth Savion M@x| FO] 8/10/98 Son 605 08 5984 ‘
3. MO |}Fao - oo

4, MO |Fo ome

5. MoO {Fa -

6. MO j|FoO ~ oo

Pee ‘Auditional Household Members must be listed on a separate shest attached tothis Lease

The terms “Household” and "Household Members" shall mean only Tenants and the persons listed in Section 4(A) above.
Household Members shall have the right to exclusive use and eccupancy 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 not 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.
If Tenants want to add a Household Member (excluding naturat births), that person must first meet all applicable eligibility and screening
requirements. The SFHA shall make reasonable efforts lo 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 to transfer to a new dwelling unit based on a change in the size of the Househald.
Ifa Household Member qualifies to have a live-in aide, the aide shall have no tenancy rights must first meet all applicable scree .ng
requirements. The aide may live at the Residence only so long as the Household Member qualifies for the aide’s necessary services.

5. RENT
‘The Initial Payment (Section 1(C) above) shall be for rent for the period beginning on the Effective Date and ending at 11:59 p.m. on the
last day of thal calendar month. The tnitial Payment is due at the time Tenants sign the Lease. Thereafter, monthly rent in the amount
listed in Section 1(C) above (“Monthly Rent’) shail be due and payable in advance on the first day of each calendar month. Tenants shait
participate in a direct payment program if requested to do so by the SFHA or their benefit provider. The Monthly Rent is subject to change
pursuant lo the procedure set forth in Section 6 (RENT DETERMINATIONS AND MODIFICATIONS).
Shouid Tenants fail to pay Monthly Rent by the fifth day after it is due, then Tenants shall be liable for an administrative late charge in the
amount of fifteen dallars ($15), which shall be due and payable 14 days after SFHA gives written notice of said charge.
The SFHA shall apply alt moneys received from Tenants to the oldest amount due on the Tenants’ account. Ail amounts due the SFHA
under the Lease and all payments made by Tenants pursuant to the Lease shall be listed on the Tenants’ account
Tenants shail pay rent lo the SFHA by personal 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 to cover charges imposed for returned checks. The SFHA shall not accept personal checks for past-due rent.
Tenants shail be liable for rent through the date that all Household Members vacate the Residence, provided that Tenants have given at
least 30 days written notice to 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.
lf the S&EHA trancfers the Household to another SEHA dwelling unit. any charoes or credits due on the Tenants’ account shal! betam

(E} ae, claim that a Household Memb..__as vacated the Residence, then the SFHA may-equire Tenants to submit satisfactory proof
that the Household Member no longer lives a at the Residence.

(F) The SFHA shail have the right to demand that Tenants submit lo 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.

If the SFHA increases the Monthly Rent pursuant to a rent review, then the new Monthly Reni shail 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.

{f the 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) At or 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 taw. 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.
The SFHA may collect a pel depasit in accordance with the Pet Policy. Tenants may request a refund of the pet 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 shail 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.
&. UTILITIES, APPLIANCES AND SERVICES
If the 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.
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 ne obligation to pay Tenants’ utility bills.
The utility allowance schedule and excessive utility consumption charge rates shall be available at the Development office. The S' 4A
may change and adjust the schedule and charges (and Monthly Rent, if appropriate) at any time after giving appropriate notice. The
SFA shall not be responsible for failure to provide utilities because of Tenants’ failure to pay bills or any other reason beyond its ontrol.
The SFHA shall furnish Ihe Residence with the equipment and utilities fisted 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.
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 condilian, except for normal wear and tear. Tenants shall pay for the repair of damage lo SFHA
property, including Development buildings, equipment, and common areas, and for cleaning or extermination, made necessary by
Household Members or their guests.
Charges assessed to Tenants for maintenance or repair services, or for excessive utility consumption, shall be charged to the Tenants’
account and shail 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 available at the Development office or from the SFHA. Keeping an animal in violation of the Pet Policy shal! 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
{B) 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.
The SFHA shail inspect the Residence when Tenants vacate and shail 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.
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 af least forty-eight (48) hours in advance shall be considered
reasonable.
If ail 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 without advance notification when it has cause to believe that an emergency exists, or if the
Residence appears abandoned, or to rake repairs requested or agreed ta by Tenants.
(I) 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, or to arres! 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.

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11. 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 ist :

aan

(£) Maintain in good and safe working order._4 condition electrical, plumbing, sanitary, heatn~y< ventilating, and other facilities and
appliances, including elevators, supplied 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.

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 exciusive control of Tenants and supplied by a direct utility connection.

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, fo request a grievance hearing. The term “proposed adverse action” shall include but not be limited to: (a) a

proposed Lease terminatian; (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.

13. OBLIGATIONS OF TENANTS, ROUSEHOLD 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} Nat to assign or sublease the Residence and to nolify the SFHA when a Household Member vacates the Residence

(B} Net 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 '-3ve

received the prior written consent of [he 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 pasted on the Development

property or available at the Development office and are incorporated by reference in this Lease. To comply with alt 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} Ta dispose of all garbage, rubbish, and other waste from the Residence in a sanilary and safe manner.

(G} To use only in a reasonable manner all electrical, plumbing, healing, sanitary, ventilating and other facilities, including elevators.

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

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

(J) To pay reasonable charges for the repair of damages (other than normal wear and tear) 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 to
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
Section 14 (FIREARMS PROHIBITION))

(OQ) Not to create or permit to exist any candition 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.

{S$} Not to drive or park motor vehicles on areas not specifically designated for driving or parking.

(T) 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.

(ul) To assure that all Tenants, Household Members, guests, and other persons under the Tenants’ control, shall net 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 prahibits firearms in Ihe Residence, on the Development and on SFHA property

Violation of this provision by any Household Member or guest shall constitute stifficient grounds for immediate Lease termination and

evictian. The term “firearm” is defined broadly and shall include but not be limited to: all pistols, revalvers, 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 timited to BB guns, air guns and spring action guns.

Ownership, possession, transporiation or use of a firearm shall be permitled 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 itself is in all respects legai; (3) the firearm is under the exclusive control of an adult Ho! sehold

Member; (4) the firearm is stored in a secure and safe place that is reasonably inaccessible to children; and (5) the firearm is net 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.

(B) If the Residence is damaged to the extent that conditions exist that are hazardaus 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 alternative accommodations, if available, when necessary repairs cannot be made within a reasonable

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7 _ 17. TERMINATION BY SFHA :

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

failure to make payments due or to fuifill 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 shail be subject to termination of the Lease (for 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 ta 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 natice 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 threal 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 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 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 prahibited 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) shail not reside at or visit the Premises and shall not be invited or allowed upon the Development. The *

SFHA has a policy of “zero lolerance” 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 salisfactory 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 nar 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 shail not be deemed to have waived its right to terminate the Lease
or to prosecute and maintain an action to evict Tenants.
1B. LEGAL NOTICES

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.

Notices to the SFHA shall be in wriling, delivered to the Development office or the SFHA district office personaily or sent by first-class

mail properly addressed,

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19. 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 fallowed during the
hearing. The Grievance Procedures are incorporated into the Lease by this reference and may be amended from time lo time.

20. PROVISIONS FOR MODIFICATION

Any changes ta 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 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 lo make written comments. The SFHA shall
consider resident camments before the propased 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 loss, 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 alt 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 ali 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 attorneys’ fees. The prevailing party shall recover court costs.

(G) The SFHA's failure to insist in any one ar 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 shail not waive its rights lo 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:

41. 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 shal! occupy the Residence as Tenant's sole residence as of the Effective Date (see Section 1(C) for Effective Date).

Executed on the__5 day of June XA99X 2002

1, TENANTS)

A

(8SAN F_.ANCISCO HOUSING AL. HORITY

Bia l:}=4 =a Oy 0 a) (O00 10) ROM 20 Mest MIOL Solel Citta 10) oc Oboto) otto t LO

DATED PROJECT ACCOUNT

a TENANT IN POSSESSION

NOTICE IS HEREBY GIVEN THAT, PURSUANT TO THE LEASE BY WHICH YOU HOLD POSSESSION
OF THE ABOVE-DESCRIBED PREMISES, THERE tS NOW DUE AND UNPAID RENT FOR SAID PREMISES
IN THE SUM OF $ bene , BEING THE RENT THAT BECAME DUE ON? 2721/0 FOR
THE PERIOD FROM 67°) fs TO) <>

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:

HOUSING AUTHORITY OF THE CITY AND
COUNTY OF SAN FRANCISCO

440 TURK STREET

SAN FRANCISCO, S/ALIFO!

NIA 94102

(SIGNATURE)

Me

SPANISH AND CHINESE TRANSLATIONS ON REVERSE SIDE

iz se /

FORM #67329 (1/02) EXHIBIT 2RENT PAYMENTS MAY BE MADE IN PERSON AT:

SAN FRANCISCO HOUSING AUTHORITY
440 TURK STREET

SAN FRANCISCO, CA 94102

ATTN: MYLIKA SMITH

(418) 94-1200
MONDAY — FRIDAY, 6:30 AM to 4 30 P.M.

RENT PAYMENTS MAY BE MAILED Jo

SAN FRANCISCO HOUSING AUTHORITY
FILE NO 92113

FO BOX 60000

SAN FRANCISCO. CA 94150-2113

G IN YOUR PAYMENT, PLEASE INCLUDE YOUR SAN
ACCOUNT NU

MBER ON YOUR CHECK OR MONEY ORDER.

FRANCISCO HOUSING AUTHORITYSAN FRANCISCO HOUSING AUTHORITY OS/.GsGe

IMPORTANT NOTICE DATED PROJECT ACCOUNT

TENANT(S) IN POSSESSION

YOU AHE HEREBY NOTIFIED THAT YOU ARE REQUIRED TO, WITHIN FOURTEEN (14) DAYS AFTER THE DATE OF THIS

- WHICH IS RENT OF THE PREMISES ABOVE DESCRIBED, BELOW WHICH YOU

NOTICE TO PAY $ i ie
NOW HOLD POSSESSION, AND HAVE USED AND OCCUPIED AS A TENANT FROM O>/01/82
Ta habs f CURRENTLY AT $ 475.09 PER MONTH PAYABLE IN ADVANCE.
ALL AS PROVIDED IN THE TERMS OF THE LEASE UNDER WHICH SAID PREMISES ARE HELD 8Y YOU.

INSTITUTE

TO PAY SAID SUM AS REQUIRED ABOVE, THE SAN FRANCISCO HOUSING AUTHORITY WILL
TO RECOVER POSSESSION OF SAID PREMISES, TOGETHER WITH RENTS FOUND

eer EE .

IF YOU FAIL
LEGAL PAOCEEDINGS AGAINST YOU
DUE,

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 FOURTEEN (14) DAYS FROM THE DATE YOU RECEIVED THIS NOTICE OR YOU MAY
GO TO YOUR PROPERTY MANAGER'S OFFICE WITHIN FOURTEEN (14) 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.

HOUSING AUTHORITY OF THE CITY AND COUNTY

OF SAN FRANCISCO

440 TURK STREET

SAN FRANCISCO, CALIFORNIA 94102

Ang Terafrtoi f DATED O5/14/62
SPANISH & CHINESE TRANSLATIONS ON OPPOSITE SIDE

BY

SFHA 57324/PM 3658 (2-02)

EXHIBIT 3