Miscellaneous: SAN FRANCISCO HOUSING AUTHORITY VS. YOLANDA GARAY et al

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San Francisco Superior Courts
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Case Number: CUD-02-603490
Filing Date: Aug-16-2002 8:02
Juke Box: 001 Image: 00485728
COMPLAINT

SAN FRANCISCO HOUSING AUTHORITY VS. YOLANDA GARAY et al

001000485728

Instructions:
Piease place this sheet on top of the document to be scanned.JATTORNEY OR PARTY WITHOUT ATIORNEY [Mame and Across TELEPHONE NO. FOR COURT USE ONLY
PEILLIP MATSUMOTO, SBN #140386 415-554-1237
CARL LL. WILLIAMS, SBN #124304

SAN FRANCISCO HOUSING AUTEORITY
440 TURK STREET Sobran
SAN PRANCTSCO, CA 94102 .
ATTORNEY FOR (Name: .. SAN FRANCISCC HOUSING AUTHORITY
NAMFOFCOURT SUPERICR COURT OF SAN FRANCCSCTO
streetacoress: 40C MCALLISTSR STR
maincaporess (SAME AS ABOVE)
cryanozipcove: SAN FRANCISCC, CA 94162
erancncourt; LIMITED CIVIL JURISDICTION
PLAINTIFF: SAN FRANCISCO HOUSING AUTHORITY

DEFENDANT: Yolanda Garay, Maric Garay, DOES 1-20

x DOES 1 TO 10

ogee
COMPLAINT - Unlawful Detainer* 66
1. a. Plaintiffis (1) an individual over the age of 18 years. (4) | @ partnership’

(2) )X  apublic agency (8) @ corporation
3) 5 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):
1802 Sunnydale Ave. San Francisco, CA 94134

3. Plaintiffs 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.
§. a. Onor about (date): 11/19/98 defendants (names): Yolanda Garay, Mario Garay
(1) agreed to rent the premises fora =. X_— month-to-month tenancy other tenancy (specify):
(2) agreed to pay rent of $125.00 payable X_| monthly other (specify frequency):
The rent is due onthe | X : first of the month | other day (specify):
b. This X ° written oral agreement was made with
(1) X | plaintiff (3) plaintiffs predecessor in interest
(2) plaintiffs agent (4) other (specify):
c. The defendants not named in item 5a are
(1) subtenants (2) i assignees (3) X : other (specifyj: UNKNOWN

d. X | The agreement was later changed as follows (specify): Tenant's rent was increased to $309.0C per

month effective 7/1/02.
e. X . Acopy of the written agreement is attached and labeled Exhibit 1

6. X a. Defendants (names): Yolanda Garay, Maric Garay
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) 3-day notice to quit
(2) 3-day notice to perform covenants or quit (5) 30-day notice to quit
(3) X _ other (specify):
b. (1) On (date): 7/5/02 , the period stated in the notice expired at the end of the day.

(2) Defendants failed lo comply 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.
X _ Acopy of the notice is attached and labeled Exhibit 2.
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 8f. (Check item 7c and attach a statenrent providing the information required by items 6a-¢
and 7 for each defendant.)
*NOTE: Do not use this form for evictions after sale (Code Civ. Proc., § 11614).
(Continued on reverse)
Form Approved oy ne COMPLAINT - Unlawful Detainer coun of Gea Procadire, Sas8

Ladicial Council of California
982.190) fRev. July 1, 1996]

G.
d
e.
f.PLAINTIFF (Name): SAN FRANCISCO HOUSING AUTHORITY (CASE NUMDER:

DEFENDANT (Name): Yolanda Garay, Mario Garay, DOES 1-10
7. a.: X : The notice in item 6a was served on the defendants named in item 6a as follows:
(yi by personally handing a copy to defendant on (date):
(2) by leaving a copy with (name or description): » @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 place of business.
(3) X__ by posting a copy on the premises on (date): 6/28/02 ( and giving a copy to a person found
residing at the premises) AND mailing a copy to defendant at the pramises on (date): 7 /1/C2
(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):

(8) |_| (not for residential tenancies; see Civil Code section 1953 before using) in the manner specified in a written
commercial lease between the parties.
b. (Name): was served on behalf ofall defendants who signed a jointwritien rental agreement.
‘. Information about service of notice on the defendants named in item 6f is stated in attachment 7c.
8. Plaintiff damands possession fram 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 $ 392.00
10.; X ; The fair rental value of the premises is $ 10.39 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.)
12, Awritten agreement between the parties provides for attorney fees.
13. Oefendants’ tenancy is subject to the local rent control or eviction control ordinance of (city or county, title of ordinance,

and date of passage):

Plaintiff has met all applicable requirements of the ordinances.
14. X% Other allegations are stated in atlachment 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): B/1/C2 for each day
c X_ past due rent of $ 392.00 defendants remain in possession through entry of judgment.
d. reasonable attorney fees. g. statutory damages up to $600 for the conduct alleged in
e. X — forfeiture of the agreement. item 11

h. other (specity):

17.. X Number of pages attached (specify): 2
UNLAWFUL DETAINER ASSISTANT (Business and Professions Code sections 6400-6415)

18. (must be answered in ail cases) An unlawful detainer assistant X — did not 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, stai te):
a. Assistant's name: b. Telephone No.:

¢. Street address, city, and ZIP:

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

whe Ape

OTT NATURE OF PLAINTIFE OR ATTORNE™
VERIFICATION ee ,
(Use a different verification form if the verification is by an altorney or far a corporation or pa rinership.)

|_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)
982.180) [Rew. July 1, 1983] COMPLAINT - Unlawful Detainer Foge two

(TYPE OR PRINT NAME)ere SAN FRANCISCO HOUSING AUTHCRITY CASE NUMBER

i'| ATTACHMENT’ 14

3 Plaintiff alleqaes that it is 2 public agency and, therefore, exempt

4]| from the requirement that the Unlawful Detainer Complaint be verified. Code
Sj}of Civil Procedure Secticn 445(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

9|! due or to surrender the Premises within fourteen{l4) days after service.

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

defendants of a rent adjustment.

25 {Required for verified pleading) The items on this page stated on information and belief (specify item numbers, nat line
' numbers): 1
27 | | ”

This page may be used with any Judicial Council form or any other: paper filed with this court. | Page _3.

Farm Aporaved by the ADDITIONAL PAGE

Sedigal Council of Caitornia : c
2AG-020 [Rew Jant.ary 1, 1967] Attach to Judicial Council Form or Other Court Paper

CRC 201, SctA)

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SAN FR._ACISCO HOUSING AUTHORITY DWELL.__3 LEASE

REVISED LEASE
1. LEASE SUMMARY

Name of Tenant(s} i Sex Date of Birth Soclal Security Number
1 GARAY, YOLANDA 1, MO | Fe] 11/6/59 585 = O4~ 0223
2 : veo [Fo =
3 * "Ma [ro oon
Address of Residence
| 1802 SHWNYnALE AVE _ San Francisco, CA 94134.
Number of Bedrooms 2 ~ [AccountNumber 932777
Name of SFHA Bullding or Development SUNNYDALE ___ I UnitNumber 030066.
Effective Date & Amounts
Effective Date 11/19 1199.8 | (nitla)Payment— $ [Monthly Rent $ 125.00
Manthiy Rent Duo The first day of each calendar month | Security Deposit $ 135.00 | PetDepost $
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 ail obligations 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 fedarally funded public housing development (‘Development’) owned by the SFHA. The Lease shall 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 to be occupied only by Tenants and the following members of Tenants’ household:

Natno Of Household Member(s) x Date of Birth Relation to Tenant Social Security Number
1. GARAY, MARIO . Mxx | FO] 10/29/80 son 551-67 ~ 3489
2. Mo |Fo{ ==
3 : mo fFol a
4. mo [Fo _ ~ —
5. Mo [FO PS =
6. ° mo {Fo|_ =
‘Additional Household Members must be listed on a separate shest attached to this Lease

The lerms “Household” and "Household Members” shail mean only Tenants and the persons listed in Section 4(A) above.
Household Mémbers shall have the righl to exclusive use and occupancy of the Residence in accordance with the terms of this Lease,
including reasonable accorpmodation 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 slay 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 accurrence) notify the SFHA in writing if any Household Member vacates or no Songer resides at the Residence.
If Tenants want to add a Household Member (excluding natural births), that person must first meetiall 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, shail not be entitled to any priority or preference with
regard to transfer lo a new dwelling unit based on a change in the size of the Household.
If 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 the Residence only so lang as the Household Member qualifies for the aide’s necessary services.

§. RENT
‘The Initial Payrnent (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 that calendar month. The Initial Payment is due at the time Tenants sign the Lease. Thereafter, monthly rent in the ammount
listed in Section 1(C) above (“Monthly Rent’) shall be due and payable in advance on the first day of each calendar month. Tenants shail
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 to the procedure set forth in Section 6 (RENT DETERMINATIONS AND MODIFICATIONS). ‘
Should Tenants fail to pay Monthly Rent by the fifth day after ités due, then Tenants shall be liable for an administrative late charge in the
amount of fifteen dollars ($15), which shall be due and payable 14 days afler SFHA gives written notice of said charge. |
The SFIIA shall apply all 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 listed on the Tenants’ account.
Tenants shall pay rent to 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 Jast 12 months. The SFHA may
impose a service charge to cover charges imposed for returned checks. The SFHA shall not accept personal checks for pas\-due rent
Tenants shall 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 date that the SFHA aclually fears that al! Household Members have vacated the Residence. .
If the SFHA transfers the Household to another SFHA dwelling unit, any charges or credits due on the Tenants’ account Shalt be(E) If Tenants claim that a Household Membermias vacaled the Residence, then the SFHA ma,_equiré Tenants to submit satisfactory proof

that the Household Member no longer isp at the Residence.
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.
If the SFHA increases the Monthly Rent pursuant to a rent reviéw, then the new Monthly Rent shalt 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 lo the Tenants’ annual review date or the date that the increase should have occurred,
whichever is earlier. .
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 follawing the completion of the review
7. DEPOSITS
At or before move-in, Tenants shall pay an amount equal to the Monthiy Rent or $50, whichever greater, as a security deposil.
The SFHA may use the security deposit al 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. .
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 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 pet 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 inlerest on these deposits.
8. UTILITIES, APPLIANCES AND SERVICES
If the SFHA provides utilities, Tenants may use a reasonable amount of gas or electricity at no cosl, 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 fram 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 actuat cost of utilities shall not
be deducted from Monthly Rent. The SFHA has no obligation to pay Tenants’ ulllity bills.
The utility allowance schedule and excessive utility consumption charge rates shall be available al the Development office. The SFIIA
may change and adjust the schedule and charges (and Monthly Rent, if appropriate) at any time after giving apprapriate 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.
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.
The SFHA shal charge Tenants for any service, repair, maintenance or equipment made necessary by Tenants’ failure to keep the
Residence (ingluding appliances) in good condition, except for normal wear and tear. Tenants shall pay far the repair of damage to SFHA
property, including Development buildings, equipment, and common areas, and for cleaning or extermination, made necessary by
Itousehold 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 shalt be due and payable on the first day of the second month following the month in which the charges are incurred
i 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 SFIiA 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
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 candition exists,
or if Tenants have failed or refused to cooperate with inspections, maintenance, repairs, or pest control.
The SEHA shall inspect the Residence when Tenants vacate and shall furnish @ statement of damage to the Residence, including
charges to be deducted from the security deposit. Tenants may participate in the pre-terminatian inspection.
Tenants, by requesting the SFHA lo 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 routing inspections or maintenance, make improvements ar repairs, or show the Residence for re-leasing. A written a
statement specifying the purpose of the entry delivered to the Residence at least forty-eight (48) hours in advance shall be considered
reasonable.
If all adult Household Members are absent from the Residence at Ihe 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 SEHA may enter the Residence without advance notification when it has cause to believe that an emergency exists, or if the
Residence appeais 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, or to arrest a person thal a peace officer believes to be in the Residence, or if a peace officer orders the SFHA
employee lo open the Residence
11. TRANSFERS :
no longer appropriate for the Household composition; or (2) 8 transfer is

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Maintain in gooct and safe working ordered condition electrical, plumbing, sanitary, hea, 4. ventilating, and other facilities and
appliances, including elevators, supplied or fequire 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 hot water and heat, except in those cases where the heat of hot water is generated by
an installation within the exclusive 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, to request a grievance hearing. The term “proposed adverse action” shall include but not be limited lo: (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 disabilily of any Household Member.
13. OBLIGATIONS OF TENANTS, HOUSEHOLD MEMBERS AND GUESTS
In addition ta their other obligations under the Lease, Tenants must comply with, and must cause Household Members and guests to
comply with, the following rules:
Not to assign or sublease the Residence and to notify the SFHA when a Household Member vacates the Residence.
Not to provide accommodations for boarders or lodgers.
To use the Residence solely as a privale dweiting 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 ofthe
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 |.ease. To comply with all abligations imposed
by applicable building and housing codes affecting health 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 with any gas, electric or other utility meter or line.
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.
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 sanilary condition. .
To assure that all Household Members, guests, or other persons under the Tenants’ control, shall not engage in: (1) any activity
that thraatens 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.
Not to have pets or other animais except as specifically permitted by the SFHA Pet Policy and under this | ease
Not to have any illegal weapons, fireworks, explosives, combustible or other hazardous materials in or around the Development (see
Section 14 (FIREARMS PROHIBITION)
Not to create or permit to exist any condition that results in risk {o the health or safety of any person or damage to properly.
Not to make any repairs or alterations to Ihe Residence, including changing tocks, or installation of permanently affixed gales, 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. .
Not to repair automobiles, motorcycles, ather motor vehicles, or any other heavy machinery anywhere on the Development property
Not 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 hy
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 ather 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
Except when specifically authorized, the SFHA strictly prohibits firearms in the Residence, an the Development and an 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 pistois, revolvers, other handguns, rifles,
shotguns, automatic and semiautomatic guns, and any other instrument which expels a metallic, partly metallic, or other hard projectile,
inctuding but not limited to BB guns, air guns and spring action guns. : .
Ownership, possession, transportation or use of a firearm shall be permitied 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 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.
45. DAMAGE TO RESIDENCE OR DEVELOPMENT
Tenants shall immediately notify the SFHA of any damage to the Residence or the Development
If he Residence is damaged to the extent thal 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 ar guest caused the damage, then the cost of repairs shalt be charged to Tenants).

The SFHA shall offer standard alternative accommodations, if avaitable, when necessary repairs cannot be made within a reasonable
“ Intiico than the El Awhall discount

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~~ 17. TERMINATION BY SFHA we

The SFHA may lerminate or refuse to renew this Lease for serious or repeated violations of material terms of the Lease, such as the
failure to make payments due oF 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).
The SFHA shall give Tenants written notice of termination of the Lease, staling 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 to the Lease termination, and their right lo request a grievance hearing, if applicable. The length of the notice shail 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 lo, 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 nar 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) sha!l 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 natice 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.

418. LEGAL NOTICES
Notice to Tenants shall be in writing and delivered to any Tenant, or lo 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 to the Development office or the SFHA district office personally or sent by first-class
mail properly addressed
18. 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 entitled to request a grievance hearing ta 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
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 incorparated 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 fram time ta 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 comments before the proposed changes become effective
21. MISCELLANEOUS
If any provision of this Lease is found to be void, unenforceabie or illegal, then the remaining provisions shall remain in effect.
Tenants are responsible far protecting and insuring their personal property. The SFHA's liability for loss, damage or injury is limited to
that imposed by law.
Neither the SFHA nor any of its employees has made any representations olher than those contained in this Lease
Tenants warrant that all slatements and representations Tenants made in the application for SFHA housing are truthful. Tenants agree
that false statements or misrepresentations in the application ar made during the rent review process (see Section 6) shall constitute
grounds for eviction won
This Lease, any amendments hereto and all documents incorporated by reference constitute the entire agreement between the parties.
In any legal action lo enforce the Lease, each party shall bear its own attorneys’ fees. The prevailing party shall recover court costs.
The SFHA's failure lo insist in any one or more instance upon IN strict observance of the terms of the lease shall not be considered a
waiver of the SFHA’s right thereafter lo 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 of the information that Tenant gave to the SFHA is true and correct; and

3. That Tenant shalt occupy the Residence as Tenant's sole residence as of the Effective Date (see Section 1(C) for Effective Date).
Executed onthe 19th _ day of _ NOV __, 1998,

- , 4 TENANTIS} oy,SAN I_.ANCISCO HOUSING A’ "HORITY

; Sia; t=1-a0 2) Ma) (ONE LC] mm OM 2 ali) BOL M1011) 2412) 8 Ooty aotoT LO]

DATED PROJECT ACCOUNT

06/20/02 003 932777

To: YOLANDA GARAY

——1802 SUNNYDALE AVE TENANT IN POSSESSION

SAN FRANCISCO, 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 $ 392.00 , BEING THE RENT THAT BECAME DUE ON 06/01/02 FOR
THE PERIOD FROM 05/01/02 TO 06/30/02

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 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: 06/20/02
HOUSING AUTHORITY OF THE CITY AND
COUNTY OF SAN FRANCISCO
440 TURK STREET
SAN FRANCISCO, CALIFORNIA 94102

DATED: 06/28/02 a“,

(SIGNATURE). —_

f Jon F. Perr:
(PRINT NAME)

SPANISH AND CHINESE TRANSLATIONS ON REVERSE SIDE

EXHIBIT 2

FORM 457329 (1/02)SAN FRANCISCO HOUSING AUTHORITY
ney tel CoN VAT ea) eee

was

RENT PAYMENTS MAY BE MADE IN PERSON AT:

SAN FRANCISCO HOUSING AUTHORITY
440 TURK STREET ,

SAN FRANCISCO, CA 94102

ATTN: LATANYA HOSKINS

(415) 554-1200
MONDAY — FRIDAY, 9:00 4.M. to 4:00 P.M.

RENT PAYMENTS MAY BE MAILED TO:

SAN FRANCISCO HOUSING AUTHORITY
FILE NO 92113

PO BOX 60000

SAN FRANCISCO, CA 94180-2113

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

PAGE 2 OF 2DECLARATION OF SERVICE
OF NOTICE TO PAY RENT OR QUIT, OR OF
TERMINATION OF TENANCY

|, the undersigned, Jon Perry ___ dec are as follows:
| served the attached:

SOThree day notice to pay or quit.

OoThirty 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 __ Yolanda Garay RESIDENCE _1802 Sunnydale Ave., S.F., 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 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 — —:—_,-. _$ M on ne nn eo VQ

at —
ADORESS

2, WHERE SERVICE OF NOTICE IS CLAIMED UNDER CCP 1162 (2) FILL OUT THE FOLLOWING PORTION OF THIS
DECLARATION:
C 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) 3 His said piace of residence,on | _ woe ee we ee 19 LL, at rt, M
OR:

{B) © His usual place of business, on —... -__ we eee TD ato: M
and by mailing through the U.S. Mail, postage prepaid, in 3 sealed « envelope at San Francisco, California, a copy of the
Notice addressed to said tenant at his place of residence, on —--__- 9 att, M

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

DECLARATION:

WA It was not possible to serve a copy of the Notice personaily 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.

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

e

| therefore served a copy of said Notice on the tenant.by: Friday,
Xz Affixing a copy of said Notice in a conspicuous place on the property mentioned in said Notice, on SHRHEREHAYE
6/28/02 SK. patil :_i7 , _A MAND,

C Delivering a copy to a person there residing.
QUNo 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, on_ 2/1/02? RX. at9 :_00 AM

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

Executed at San Francisca, California, on _. wo _July 29, 2002
Z
HOUSING AUTHORITY OF THE CITY & COUNTY OF SAN FRANCISCO zy
LANDLORD “IAGERT OF TRE LANDLORD AND A PERSON GF SUITABLE AGE

‘ANG DISCRETION}.

440 Turk Street/ (415) 554-1200 wo. -

San Franciseo, Ca. 94102 ?

5‘SFHA 57324/PM 3658 (4-88)

EXHIBIT 3

SAN FRANCISCO HOUSING AUTHORITY | > “yay
ale _ ye caf
IMPORTANT NOTICE t :
« ATED PROJECT | ACCOUNT
TENANT(S) IN POSSESSION .
YOU ARE HEREBY NOTIFIED THAT YOU ARE REQUIRED, WITHIN FOURTEEN (14) DAYS AFTER THE DATE OF THIS
NOTICE TO PAY § toe WHICH IS RENT OF THE PREMISES ABOVE DESCRIBED, WHICH YOU
NOW HOLD POSSESSION, AND HAVE USED AND OCCUPIED AS A TENANT FROM fae
TO, cog to sa CURRENTLY AT § bole de PER MONTH PAYABLE IN ADVANCE.
ALL AS PROVIDED IN THE TERMS OF THE LEASE UNDER WHICH SAID PREMISES ARE HEL BY You
iF YOU FAIL TO PAY SAID SUM AS REQUIRED ABOVE, THE SAN FRANCISCO HOUSING AUTHORITY WILL INSTITUTE
LEGAL PROCEEDINGS AGAINST YOU TO AECOVER POSSESSION OF SAID PREMISES, TOGETHER WITH RENTS FOUND
DUE
»
eer ,
!
YOU HAVE THE RIGHT TO MAKE SURE REPLY AS YOU MAY WISH TO THE REASONS STATED IN THIS TERMINATION NOTICE.
ADDITIONALLY, YOU HAVE A RIGHT TO REQUEST A HEARING IN ACCORDANCE WITH THE SAN FRANCISCO HOUSING AUTHORITY'S
GRIEVANCE PROGEDUHE. IF YOU DO WANT A HEARING, YOU OR YOUR AUTHORIZED REPRESENTATIVE MUST SUBMIT A WRITTEN
REQUEST TO YOUR PROJECT OFFIGE WITHIN FOURTEEN (14) DAYS FROM THE DATE YOU RECEIVED THIS NOTICE OR YOU
MAY GO TO YOUR PROJECT 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 00 NOT FILE A REQUEST FOR A GRIEVANCE, AN
EVICTION ACTION MAY BE FILED IN GOURT AGAINST YOU.
HOUSING AUTHORITY OF THE CITY AND COUNTY
OF SAN FRANCISCO st
440 TURK STREET fo
SAN FRANCISCO, CALIFORNIA 94102 , .
BY « i dae eaAyou DATED Go vias, _j

SPANISH & CHINESE TRANSLATIONS ON OPPOSITE SIDEEXHIBIT 4