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Dec-12-2002 10:39 am
Case Number: CUD-02-604692
Filing Date: Dec-12-2002 10:33
Juke Box: 001 Image: 00572345
COMPLAINT
SAN FRANCISCO HOUSING AUTHORITY VS. CHRISTINE PIERCE et al
0010€00572345
Instructions:
Please place this sheet on top of the document to be scanned.Ww ws
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name end Address} TELEPHONE NO.:
CARL L. WILLIAMS, SBN 124304 415-554-1287
Office of General Counsel
San Francisco Housing Authority
440 Turk Street
San Francisco, CA 94102
ATTORNEY FOR (Name; SAN FRANCISCO HOUSING AUTHORITY
FOR COURT USE ONLY
SUMMONS ISSUED
Sar prance County Superior court
DEC 1.2 2002
naweorcourt; SUPERIOR COURT OF SAN FRANCISCO
steretappress: 400 McAllister Street
MAING ADoREess: (Same as above)
crrvanpzpcoos, San Francisco 94102
prance court; LIMITED CIVIL JURISDICTION
eeree RIL Clark
PY: Deity Clerk
PLAINTIFF; SAN FRANCISCO HOUSING AUTHORITY
DEFENDANT: Christine PIERCE AKA CBRISTINE J. PIERCE
‘4. Does 1 TO 10
COMPLAINT - Unlawful Detainer*
1a. Plaintifis (1) [-j
(2) 1%
(3) __] other (specify):
an individual over the age of 18 years. (4) | a partnership
a public agency {8) __] a corporation
604692"
b. 7} Plaintiff has complied with the fictitious business name laws and is deing 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):
961 Ellsworth St,San Francisco, CA 94110
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. On or about (data): 10/1/00 defendants (names): Christine Pierce aka Christine
J. Pierce
(1) agreed to rent the premises fora [%] month-to-month tenancy {| other tenancy (specify):
(2) agreed to pay rent of $166.00 payable [X_ monthly |_| other (specify frequency):
The rentis due on the [X_) first of the month other day (specify):
b. This |_X_| written coral agreement was made with
(1)! x_] plaintitt : (3) J plaintiff's predecessor in interest
(2) ] plaintiff's agent (4){_] other (specify):
c, i’ The defendants not named in item Sa are
(1) [2] subtenants (2) [J] assignees (3) |__1 other (specify):
dx ' The agreement was later changed as follows (specify): Tenant's rent was decreased to $59.00 per
.. Month effective 9/1 /O1
e. |X | A copy of the written agreement is attached and labeled Exhibit 1.
6.7% | a. Defendants (names): Christine Pierce aka Christine J. Pierce
were served the following notice on the same date and in the same manner:
(1) XC! 3-day notice to pay rent or quit (4) Lu} 3-day notice to quit
(2) |” ”] 3-day notice to perform covenants or quit (8) [__] 30-day notice to quit
(3) _x | other (specify): 14 Day Notice served on 10/15/02-See Attachment 14
b. (1) On (date): 11/4/02-3 Day Notice , the period stated in the notice expired at the end of the day.
{2) Defendants failed ta comply with the requirements of the notice by that date.
. All facts stated in the notice are true.
c.
d. |X] The notice included an election of forfeiture.
e.
f
. |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 6f. (Check itern 7c and attach a statement providing the information required by items 6a-e
and 7 ior each defendant.)
*NOTE: Do not use this form for evictions after sale (Code Civ. Prac., § 11612).
(Continued on reverse)
Farm Approved by tre COMPLAINT - Unlawful Detainer
Jué'cial Council of Calfaraia
962.1(99) (Rev. July 1, 1883]
“Civil Goce, § 1940 et sea.:
Code of Civil Procedure, § 425.12PLAINTIFF (Name); SAN FRANCISCO HOUSING AUTHORITY CASE NUMBER:
[BEFENDANT (Name): Christine PIERCE AKA CHRISTINE J. PIERCE
7. a. __X The notice in item 6a was served on the defendants named in item 6a as foliows:
~~ (1) 0. by personally handing a copy to defendant on (date):
(2) (_~ by leaving a copy with fname or description): , aperson
of suitable age and discretion, on (date): atdefendants __|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): 10/30/02 { ~_] and giving a copy to a person found
residing at the premises) AND mailing a copy to defendant at the premises on (date): 10/30/02
(a) [__! because defendant's residence and usual place of business cannot be ascertained OR
{b) “x” because no person of sultable age or discretion can be found there,
(4) [| (not tor 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 tanancies; see Civil Code section 1953 before using) in the manner specified in a written
commercial lease between the parties.
b. £77 (Name): was served on behalf of ail defendants who signed a joint written rental agreement,
¢. .,... Information about service of notice on the defendants named in item 6f is stated in attachment 7c.
8. Plaintiff demands possession from each defendant because of expiration of a fixed-term lease.
9.; % | Atthe time the 3-day notice to pay rent or quit was served, the amount of rent due was $ 649.00
10.’ X ! The fair rental value of the premises is $ 1,97 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 to $600 in attachment 17. )
. Awritten agreement between the parties provides for attorney fees.
" Defendants’ tenancy is subject to the locat rent control or eviction control ordinance of (city or county, title of ordinance,
and date of passage):
15. Plaintiff remits to the jurisdictional limit, if any, of the court.
16. PLAINTIFF REQUESTS ~
@. possession of the premises. f. _X J damages at the rate stated in item 10 from
b, costs incurred in this proceeding. (date): 11/30/02 for each day
[X” past due rent of $ 649.00 defendants remain in possession through entry of judgment.
._| feasonable attorney fees. g. {__ statutory damages up to $600 for the conduct alleged in
€. X.: forfeiture of the agreement. __.. item 11.
h. _") other (specify):
17...% | Number of pages attached (spacify): 13
UNLAWFUL DETAINER ASSISTANT (Business and Professions Code sections 6400-6415)
18. (must be answered in all cases) An unlawful detainer assistant [XJ didnot —] did for compensation give advice or as-
sistance with this form. (if plaintiff has received any help or advice for pay from an unlawful detainer assistant, state):
a, Assistant's name: b. Telephone No.:
c. Street address, city, and ZIP:
d. County of registration: e. Registration No.: . f Expires on (date):
CARL, L., WILLIAMS, SBN124304.0 00000. eth Ze
(TYPE OR PRINT NAME) (SIGNATURE OP PLAINTIFF OR ATTORNEY)
VERIFICATION ?
(Use a different verification form if the verification is by an attorney or for a carporation or partnership.)
| am the plaintiff in this proceeding and have read this complaint. | declare under Penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Date: >
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF}
982 1(99} (Rev. July 7, 1995] COMPLAINT - Untawful Detainer Page twoSY ~~
| SHORT TITLE: SAN FRANCISCO HOUSING AUTHORITY CASE NUMBER:
vy. Christine Pierce aka Christine J. Pierce
1|; ATTACHMENT 14
2
3 Plaintiff alleges that it is a public agency and, therefore, exempt
4|i from the requirement that the Unlawful Detainer Complaint be verified. Code
§|/'cf 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
9|/| due or to surrender the Premises within fourteen(14) days after service, was
410}| served on 10/15/02 and expired on October 29, 2002.
1 The Fourteen (14) Day Notice was served pursuant to Paragraph 17(B)
12]/ (1) of the Lease agreement between the San Francisco Housing Authority and
13]| Defendant.
14 Exhibit (4), A true and correct copy of the written document
15] notifying defendants of rent adjustment.
26 (Required for verified pleading) The items an 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. 3
l ¥ Pi Page_3.
Fomapprvesty ihe ADDITIONAL PAGE
Woea0 baw feewere 1 387] Attach te Judicial Council Form or Other Court Paper CAC 201, $01‘ .
REVISED LEASE SAN FRA __ ISCO HOUSING AUTHORITY DWELI*? LEASE
‘ * 1, LEASE SUMMARY J
(Ay by ve ; = Name of Tenant(a): -
Date'of Birth . Social Security Number
F . ; Sbz _ 4 he
1. PLYVCE "CHRIST ME O87 15/78 St too 994
2. : =
3. oe
(B)
G6! ELLSGORTH ST San Francisco, CA S410
Number of Badroome ZF [-Accotnt Nomber,
‘Namne of SFHA Bultding or Development ALLKARY [Unit Number 96%
(C) Joes Het Ue ‘Effective Date'& Amounts
Effective Date OCT 1 200G189X_ [initialPayment. $ [-MonthiyRent § 160 GG
“Monthly Rent Due. The first day of each calendar month_| Security Deposit. $ 149 GU [Pet Deposit §
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 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 jn a federally funded pubtic housing development (‘Development’) owned by the SFHA. The Lease shail be for a period of one
. calendar month, and shail be automatically renewed each month, untess 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:
_ouName Of Household Member(a) Sexe. Date of Birth Relation to Tenant, Social Security Numbor
1 BSHKCE SROKINIC MG | FQ | 03/26/48 SOR EU TA OUEZ
2. ALLER, ok ERIC MB | Fo] 65/3 “ SOR ote Ub. 3
3. ALLEN ALRELS MO | FO] lu/29/9; Stn Us 2A 3U84
4, . MO /Fao sos
5 MO jFo -
6. Mo {FO "os
:_ Adaltlonal Housshold Membars must be listed on a separate sheet attached to this Lease
(B) The terms “Household” and "Household Members” shall mean only Tenants and the persons listed in Section 4(A) above.
(C) Househotd Members shall have the right to exclusive use and occupancy of the Residence in accordance with the terms of this Lease,
: inctuding reasonable accammadation of guests. The term “guest” means a persan 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 natural births), that person must first 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, shail 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 Household. :
{fa 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 tong 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 that calendar month. The Initial Payment is due at the time Tenants sign the Lease. Thereafter, monthly rent 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 benefit provider, The Monthly Rent is subject to change
pursuant to the procedure set forth in Section 6 (RENT DETERMINATIONS AND MODIFICATIONS).
Stiould Tenants fail te 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 doliars ($15), which shall be due and payable 14 days afler SFHA gives written notice of said charge.
(C) The SFHA shall apply all moneys received fram Tenants to the oldest amount due on the Tenants’ accounl. 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.
{D) Tenants shall pay rent to the SFHA by personal check, certified check, orgoney 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 SEHA may
impose a service charge to cover charges imposed for retumed checks. The SFHA shall not accept personal checks for past-due rent.
(E) Tenants shall be liable for rent through the date that all Househoid 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 actually tearns that all Househald Members have vacated the Residence.
{F} If the SFHA transfers the Household to another SFHA dwelling unit, any charges or credits due on the Tenants’ account shall be
transferred to the account for the new unit Any amruinte mesad ku Tepe te eee . “”
(D)
(E|
(A
(B)(E) If Tenants claim that a Household Member —_ 3 vacated the Residence, then the SFHA may ‘uire Tenants to submit satisfactory proof
that the Household Member no fonger lives-er'the Residence. VS
(F) The SFHA shall have the right to demand that Tenants submit to an interim rent review if the SFHA has cause to believe that a change in
the Monthly Rent is appropriate. Tenants may make reasonable requests for an interim rent review at any time.
(G) If the SFHA increases the Monthly Rent pursuant to a rent review, then the new Monthly Rent shall be effective on the first day of the
second month following the completion of the review. If Tenants delay in providing information that justifies a rent increase, then the
SFHA may make the increase retroactive to the Tenants’ annual review date or the date that the increase should have occurred,
whichever is earlier.
(H) If 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,
(8) The SFHA may use the security deposit at the termination of the Lease for any purpose permitted by California law. The SFHA shall
return the security deposit to Tenants within three weeks after Household Members have vacated the Residence, less any deductions
permitted by law, . :
{C) The SFHA may collect a pet deposit in accordance with the Pet Policy. Tenants may request a refund of the pet deposi! 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.
(B) The SFHA shall be under no obligation to maintain moneys paid toward security or pet deposits in a ségregated account. The SFHA shall
be under no obligation to pay interest on these deposits.
8, UTILITIES, APPLIANCES AND SERVICES.
{A) lf the SFHA provides utililies, 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 consumplion of gas or electricity in excess
of these allowances at rates established by the SFHA.
{B) If the SFHA does not provide utilities, then Tenants shalt 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’ ulility bills.
The utility allowance schedule and excessive utility consumption charge rates shall be available at the Development office. The SFHA
may change and adjust the schedule and charges (and Monthly Rent, if appropriate) at any time after giving appropriate notice. The
SFHA shall not be responsible for failure to provide utilities because of Tenants’ failure to pay bitls or any other reason beyond its control,
The SFHA shall furnish the Residence with the equipment and utilities listed on the pre-accupancy statement described in Section 9. The
SFHA shail 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 condition, except for normal wear and tear. Tenants shall Pay for the repair of damage to SFHA
property, including Development buildings, equipment, and common areas, and for cleaning or extermination, made necessary by
Household Members or their guests. .
'(F) Charges assessed to Tenants for maintenance or repair services, or for excessive utility consumption, shall be charged to the Tenants’
' account and shall be due and payable on the first: day of the second month following the month in which the charges are incurred.
9, PET PROHIBITION
Dogs and other animals are prohibited untess specifically permitted by the SFHA Pet Policy and a written amendment to this Lease. The
current Pet Policy is avaitable at the Development office or from the SFHA. Keeping an animal in vialation of the Pet Policy shall be
grounds for immediate termination of this Lease and eviction. . .
10. INSPECTIONS AND ENTRIES
(A) The SFHA and Tenants shall inspect the Residence before Tenants take occupancy. The SFHA shall furnish a written statement of the
conditian 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.
(DB) The SFHA shall inspect the Residence when Tenants vacate and shall furnish a statement of damage to the Residence, including
charges to be deducted from the security deposit. Tenants may participate in the pre-termination inspection.
(E) 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
tay perform routine inspections or maintenance, make improvements or repairs, or show the Residence for re-leasing. A written
statement specifying the purpose of the entry delivered to the Residence at least forty-eight (48) hours in advance shall be considered
reasonable.
If all adult Household Members are absent from the Residence at the time of entry by the SFHA, then the SFHA shall leave in the
Residence a written statement specifying the date, time and purpose of the entry.
The SFHA may enter the Residence without advance notification when it has cause to believe that an emergency exists, or if the
Residence appears abandoned, or to make repairs requested or agreed toby Tenants. . .
(i) The SFHA may permit a peace officer or buildirig’or health inspector to enter the Residence upon presentalian by such official of a
warrant or order, or to arrest a person that a peace officer believes to be in the Residence, or ifa peace officer orders the SFHA
employee to open the Residence.
(Cc
0
{E)
(FI
(G
tH
11. TRANSFERS
Ifthe SFHA determines that: (1) the size of the Residence is no longer appropriate for the Household composition; or (2) a transfer is
necessary to protect the health or eafety nf a Hes icohald Mamhker «re onnthear COLIA ennidned. ne (OL EL — — —
A4
(E) Maintain in good and safe working order ar ondition electrical, plumbing, sanitary, heating —-ntilating, and other facilities and
appliances, including elevators, supplied of required to be supplied by the SFHA. SS
(F) Provide and maintain appropriate receptacles and facilities for the deposit of garbage, rubbish, and other waste Tenants remove from the
Residence.
(G) Supply running water and reasonable amounts of hot water and heat, except in those cases where the heat or hot water:is generaled by
an installation within the exclusive contro! of Tenants and supplied by a direct utility connection.
(H) Notify Tenants in writing of the specific grounds for any proposed adverse action. The notice of proposed adverse action shall inform
Tenants of their right, if any, to request a grievance hearing. The term “proposed adverse action” shall include but nat be limited to: (aja
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 Household Member.
13. OBLIGATIONS OF TENANTS, HOUSEHOLD MEMBERS AND GUESTS.
In addition to their other obligations under the Lease, Tenants must comply with, and must cause Household Members and guests to
comply with, the following rules:
(A) Not to assign or sublease the Residence and to notify the SFHA when a Household Member vacates the Residence.
(B} Not to provide accommodations for boarders or lodgers.
(C) To use the Residence solely as a private dwelling for Household Members and not for any other purpose, except when Tenants have
received the prior written consent of the SFHA to conduct a specific, lawful business.
(D) 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, shail be posted on the Development
property or available at the Development office and are incorporated by reference in this Lease. 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 candition.
(F) Ta dispose of all garbage, rubbish, and other waste from the Residence in a sanitary and safe manner,
(G) To use only in a reasonable manner ail electrical, plumbing, heating, sanitary, ventitating 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 or fine.
_ (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 proparty.
(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 itlegat 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 to the health or safety of any person or damage to property.
(P). Not to make any repairs or allerations to the Residence, including changing locks, or instailation of permanently affixed gates, window
bars, carpets or antanna, 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 properly.
{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 motar vehicle owned by
, any Household Member or guest. Tenants must remove said vehicle within three (3) days after notice by the SFHA.
(U) To assure that all Tenants, Household Members, guests, and other persons under the Tenants’ control, shall not trespass on or illegally
enter SFHA property, including but not limited to vacant units and areas under construction.
. 14, FIREARMS PROHIBITION
Except when specifically authorized, the SFHA strictly prohibits firearms in the Residence, on the Devélopment and on SFHA property.
Violation of this provision by any Household Member or guest shall constitute sufficient grounds for immediate Lease termination and
eviction. The term “firearm” is defined broadly and shall include but not be limited to: all pistols, revolvers, other handguns, rifles,
shotguns, automatic and semiautomatic guns, and any other instrument which expels a metallic, partly metallic, or other hard projectite,
including but not limited to BB guns, air guns and spring action guns.
Ownership, possession, transportation or use of a firearm shall be permitted on SFHA property only if each and every such firearm
- Meets each of the following requirements: (1) an adult (at least 18 years of age) Household Member jegally purchased or took
possession of the firearm; (2) the firearm itself is in all respects Jegal; (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 feasonably inaccessible to children; and (5) the firearm is not used,
stored or handled in a criminal, Wegal, reckless, careless or negligent manner.
, 15. DAMAGE TO RESIDENCE OR DEVELOPMENT
{A) Tenants shalt immediately notify the SFHA of any damage to the Residence or the Development. 7
{B) If the Residence is damaged to the extent that conditions exist that are hazardous to life, health or safety of Household Members, then:
(1) Tenants shall immediately notify the SFHA of the damage; and (2) the SFHA shall repair the Residence within a reasonable time
(however, if a Household Member or guest caused the damage, then the cost of repairs shal! be charged to Tenants).
(C) The SFHA shall offer standard alternative accommodations, if available, when necessary repairs cannot be made within a reasonable
time. in the event that repairs are not made in a reasonable lime and alfernative housing ic not avajlahle than dha CCUA chall dienes nr
(A
@17. TERMINATION BY SFHA
(A) The SFHA may terminate or refuse to renéw‘this Lease for serious or repeated violations otmiateriat terms of the Lease, such as the
(B
(Cc)
failure to make payments due or to fulfill the obligations set forth in this Lease, or for other good cause. Tenants who receive four (4)
notices of termination for failure to pay rent in one 12-month period shall be subject to termination of the Lease (for habitual late rent).
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 Teriants may wish. The notice shall also notify Tenants of their right ta examine SFHA documents directly
relevant to the Lease termination, and their right to request a grievance hearing, If applicable. The length of the notice shall be as follows:
(1} Fourteen (14) days in the case of failure to pay rent.
(2) Three (3) days in the case of creation or maintenance of a threat to the health or safety of other residents or SFHA employees.
Grounds for termination under this pravision 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 ather residents or SFHA employees; or (b) any drug-related
criminal activity on or aff SFHA property. .
Neither an arrest nor a criminal conviction is necessary to terminate the Lease and evict Tenants under the above provision. The SFHA
may, at its sole discretion, consider the circumstances of the case, including seriousness of the offense, the extent of participation by
Household Members, and the effect the eviction would have on Household Members who did not engage in the prohibited activity. The
SFHA may, in its sole discretion, permit continued occupancy by non-offending Household Member(s) provided they agree that the
offending Household Member(s) shall not reside at or visit the Premises and shall not be invited or allowed upon the Development. The
SFHA has a policy of “zero tolerance” of illegal drug activity. The SFHA may, in its sote discretion, require a Household Member who
engaged in the illegal use of drugs ta 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 tist and the SFHA reserves its right to impose other
conditions, terms and stipulations,
{3) Thirty (30) days notice in all other cases.
The receipt of monies by the SFHA from Tenants after notice of termination of Lease shall neither reinstate the Lease nor affect the
notice. If Tenants tender payments to the SFHA after service of a Lease termination notice, then the SFHA may deposit said payments
Into an escrow account. By so depositing said payments, the SFHA shall not be deemed to have waived its right to terminate the Lease
or to prosecute and maintain an action to evict Tenants.
418. LEGAL NOTICES
{A) Notice to Tenants shall be in writing and delivered to any Tenant, or to any adull Household Member, or may be sent by first-class mail
properly addressed to Tenants.
(B) ‘Notices to the SFHA shall be in wriling, delivered to the Development office or the SFHA district office personally or sent by first-class
(A)
(8)
mail properly addressed, ,
- 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
ather 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 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).
Dacuments 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 lime by the SFHA. The SFHA shall give 30 days notice prior to the effective date of any amendments to these
documents, setting forth the proposed changes and providing Tenants with an opportunity to make wrilten comments. The SFHA shalt
consider resident comments before the proposed changes become effective.
21. MISCELLANEOUS
(A) If any provision of this Lease is found to be void, unenforceable or itlegal, then the remaining provisions shalt 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 all statements and representatians Tenants made in the application for SFHA. housing are truthful. Tenants agree
that false statements or misrepresentations in the application or made during the rent review process (see Section 6) shall constitute
grounds for eviction.
‘ (E) This Lease, any amendments hereto and all documents incorporated by reference constitute the entire agreement between the parties.
" (F} In any legal action to enforce the Lease, each party shall bear its own attorneys’ fees. The prevailing party shall recover court cests.
(G} The SFHA’s failure to insist in any one or more instance upon the strict observance of the terms of the Lease shall not be considered a
waiver of the SFHA’s right thereafter to enforce the provisions of the Lease. The SFHA shall not waive ifs 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: z
1. Tenant has read, or has had this Lease explained or read to him or her, and that Tenant understands the Lease; © x
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 on the lzt__ dayof__GCiUBLR , 1Hak_ 2600
y+. TENANT(S)SAN F_ANCISCO HOUSING Al HORITY
Bu ii =1 yO as LORE LO UOMO loi) BO) 101: 120-4) 10) =f om 22 Ochs) tohcN 10) |
DATED PROJECT ACCOUNT
pies ter OLb 920218
(Yeyfor
TO:__ CHRISTINE PIERCE
963 ELLSWORTH ST TENANT IN POSSESSION
SAN FRANCISCO, CA 94110
NOTICE 1S HEREBY GIVEN THAT, PURSUANT TO THE LEASE BY WHICH YOU HOLD POSSESSION
OF THE ABOVE-DESCRIBED PREMISES, THERE IS NOW DUE AND UNPAID RENT FOR SAID PREMISES
IN THE SUM OF $ 649.00 , BEING THE RENT THAT BECAME DUE ON 19/01/02 FOR
THE PERIOD FROM 12/01/01TQ 10/31/02
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 FORIEACH 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:
6fsefo2 HOUSING AUTHORITY OF THE CITY AND
COUNTY OF SAN FRANCISCO
440 TURK STREET
SAN FRANCISCO,/CALIFORNIA 94102
DATED: 19/3dfor— ‘
Mths /f tecbthain
(SIGNATURE)
VEE StatHAY
(PRINT NAME)
SPANISH AND CHINESE TRANSLATIONS ON REVERSE SIDE
FORM #57329 (1/02) - EXHIBIT 2 :~ —
SAN FRANCISCO HOUSING AUTHORITY
Ua SEY ao ele VAs mo SS
eS
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 A.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 94160-2113
IF MAILING IN YOUR PAYMENT, PLEASE INCLUOT
E YOUR SAN FRANCISCO HOUSING AUTHORITY ACCOUNT
NUMBER ON YOUR CHECK OR MONEY ORDER,
PAGE 2 0F 2~ DECLARATION OF SERVICE
OF NOTICE TO PAY RENT OR QUIT, OR OF
TERMINATION OF TENANCY
1, the undersigned, VALERIE STATHAM declare as follows:
T served the attached:
@ = Three-day notice to pay or quit
Q Fourteen-day notice to pay or quit
G Thirty-day notice to quit and notice of grievance procedure
in the manner designated, on the tenant whose name and known residence and ousiness address appear below:
NAME: CHRISTINE J. PIERCE RESIDENCE: 961 ELLSWORTH ST., SAN FRANCISCO, CA
94110
USUAL PLACE OF BUSINESS: :
(“Usual place of business” does not refer to the-“place of employment of an employes” but refers co a person who is in “business as a sole-
proprietor, or partner”).
1, WHERE SERVICE OF NOTICE IS CLAIMED UNDER CCP 1162 (1) FILL OUT THE FOLLOWING PORTION OF THIS
DECLARATION:
Q By delivering a copy personally to the tenant above-named, at M.on 20.
(ADDRESS)
CLAIMED UNDER CCP 1162 @) FILL OUT THE FOLLOWING PORTION OF THIS
CQ It was not possible to serve the tenant personally because he was absent from his place residence, AND absent from his usual place of
business.
I cherefore served a copy of the Notice on him by leaving a copy with: (aame if known) a
person of suitable age and discretion at _
(A) (7) His said place of residence, on 20 at M.
OR: *
() () His usual place of business, on 20, at M.
and by mailing through the U.S. Mail, postage prepaid, in a sealed envelope at San Francisco, California, a copy of the Notice addressed to
said teaant at his place of residence, oa 20, at M.
3, WHERE SERVICE OF NOTICE IS CLAIMED UNDER CCP 1162 (3) FILL OUT THE FOLLOWING PORTION OF THIS
DECLARATION:
Te was not possible to serve the tenant personally in accordance with Sec. 1162 (1) CCP because he was absent from his place residence;
and absent from his usual place of business; AND there was no person of suitable age and discretion at either his said place of residence
or his usual place of business.
Q His place of residence or usual place of business could not be ascertained with the exercise of reasonable diligence.
I therefore served a copy of said Notice on the tenant by:
x Affixing a copy of said Notice in a conspicuous place on the property mention in said Netice,on__ OCTORER 30,
20,02 ar__3:00 PM. AND,
Q Delivering a copy to a person there residing.
@ No person could be found there residing.
@ and by mailing through the U.S. Mail, postage prepaid, in a sealed envelope at San Francisco, California, a copy of the Notice,
addressed to said tenant at the place where the property is situated, OCTOBER 30 2002 ,a_ 4:00 pM.
I declare under penalty of perjury that the foregoing is true and correct.”
Executed at San Francisco, California, on NOVEMBER 8, 20__02
HOUSING AUTHORITY OF THE CITY & COUNTY OF SAN FRANCISCO tt
LANDLORD (AGENT OF THE LANDZORD AND PERSON OF SUITABLE AGE
440 Tuck Sureer, San Francisco, CA 94102 (418) 554-1200 AND DISCRETION)SAN FRANCISCO HOUSING AUTHORITY 10714702 O1L / 920218 I
IMPORTANT NOTICE DATED . PROJECT "ACCOUNT
‘TENANT(S) IN POSSESSION :
NOU ARE HEREBY NOTIFIED THAT YOU ARE REQUIRED TO, WITHIN FOURTEEN (14) DAYS AFTER -THE DATE OF THIS
NOTICE TO PAY $ 649.00 WHICH IS RENT OF THE PREMISES ABOVE DESCRIBED, BELOW WHICH YOU
NOW HOLD POSSESSION, AND HAVE USED AND OCCUPIED AS A TENANT FROM 12/01/01
To 10/31/02 CURRENTLY AT $ 59.09 PER MONTH PAYABLE IN ADVANCE.
EXHIBIT 3
IF YOU FAIL TO PAY SAID SUM AS REQUIRED AS0VE, THE SAN FRANCISCO HOUSING AUTHORITY WILL” INSTITUTE
LEGAL PROCEEDINGS: AGAINST YOU TO RECOVER POSSESSION OF SAID PREMISES, TOGETHER WITH ~RENTS FOUND
YOU HAVE THE RIGHT TO REPLY TO THIS TERMINATION NOTICE. YOU HAVE THE RIGHT TO EXAMINE SAN FRANCISCO - t
HOUSING AUTHORITY DOCUMENTS RELEVANT TO THE LEASE TERMINATION, ADDITIONALLY, YOU HAVE A RIGHT 70, . :
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 aN Oe DAYS FROM THE DATE YOU RECEIVED THIS NOTICE
AND FILL OUT A REQUEST FOR A GRIEVANCE HEARING FORM. |
EVICTION ACTION MAY BE FILED IN COURT AGAINST YOU.
HOUSING AUTHORITY OF THE CITY AND COUNTY
OF SAN FRANCISCO : PIERCE, CHRISTINE J
961 ELCSWORTH ST
440 TURK STREET SAN FRANCISCO, CA 94110 :
SAN FRANCISCO, CALIFORNIA 94102 Q
BYALEMANY!VALERIE STATHA aten 10/14/02 : 4
SFHA 57924/PM 3658 (2-02) SPANISH & CHINESE TRANSLATIONS ON OPPOSITE SIDE~~’ DECLARATION OF SERVICE <_
OF NOTICE TO PAY RENT OR QUIT, OR OF
TERMINATION OF TENANCY
I the undersigned, VALERIE STATHAM declare as follows:
I served the attached:
Q Three-day notice to pay or quit
x Fourteen-day notice to pay or quit
Q Thirty-day notice to quit and notice of grievance procedure
in the manner designated, on the tenant whose name and known residence and business address appear below:
NAME: CHRISTINE J PIERCE RESIDENCE: _961 ELLSWORTH ST., SAN FRANCISCO, CA. ,941]
USUAL PLACE OF BUSINESS: :
(“Usual place of business” does not refer to the “place of employment of an employee” but refers to a person who is in “business as a sole-
Proprietor, or partner”),
1, WHERE SERVICE OF NOTICE IS CLAIMED UNDER CCP 1162 (1) FILL OUT THE FOLLOWING PORTION OF THIS
DECLARATION: : :
Q By delivering a copy personally to the tenant above-named, at M. on 20
at
(ADDRESS)
2, WHERE SERVICE OF NOTICE IS CLAIMED UNDER CCP 1162 @) FILL OUT THE FOLLOWING PORTION OF THIS
DECLARATION: :
Q It was not possible to serve che tenant personally because he was absent from his place residence, AND absent from his usual place of
I hewn 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) [C] His said place of residence, on 20. at M.
OR:
(8) (Cj His usual place of business, on 20. at M,
and by mailing through the U.S. Mail, postage prepaid, in a sealed envelope at San Francisco, California, a copy of the Notice addressed to
said tenant at his place of residence, on 20. at M,
3. WHERE SERVICE OF NOTICE IS CLAIMED UNDER CCP 1162 (3) FILL OUT THE FOLLOWING PORTION OF THIS
DECLARATION:
& Ic was not possible co serve the tenant personally in accordance with Sec: 1162 (1) CCP because he was abseat from his place residence;
and absent from his usual place of business; AND there was no person of suitable age and discretion at either his said place of residence
or his usual place of business. .
Q His place of residence or usual place of business could not be ascertained with the exercise of reasonable diligence.
I therefore served a copy of said Notice on the tenane by:
Q@ Affixing 2 copy of said Notice in a conspicuous place on the property mention in said Notice, on OCTOBER 15, 0,
20_02 ar _1:00 pM. AND,
GQ Delivering a copy io a person there residing.
& No person could be found there residing,
% and by mailing through the U.S. Mail, postage prepaid, in a sealed envelope at San Francisco, California, a copy of the Notice,
addressed to said tenant at the place where the property is situated, October 15 20_ 02, at 2:00 7M.
I declare under penalty of pezjury that the foregoing is true and correct.
Executed ar San Francisco, California, on OCTOBER 15 20_02 ,
HOUSING AUTHORITY OF THE CITY & COUNTY OF SAN FRANCISCO. [ th thea
LANDLORD (AGENT OF THE LARIDEORD AND PERSON OF SUITABLE AGE
440 Turk Street, San Francisco, CA 94102 (415) $54-1200 AND DISCRETION)say FROVETS “THB AUTHORITY
440 TRS —
SAN FRANCESCO, CALIF, 94102
PROPERTY AFFICE ALERANY
PHOWE HBMBER 4455506223
HANGER ALEMAHYs TARAN KTLTONA
DATE August 27, 2601
GHRTSTINE 2 PIERCE Recount ~ $20219/11096
961 ELLSWORTH ST
SAM FRANCTSCO, RA 94110
RE: Notice of Annual/tnterie Re-Rert ification
Thank you for yaur cooperation during your Annual /Tnteria
Ro-Lertification, The inforeatian you provided at this tine
permits the San Francisco Housing Quthority to detertine your rant
and eligibility for continued oecupancy in coeptiance with
Fedomal Lau,
You are eligible to resain in occupancy, but eust anve tn 2
larger unik. Please contact your sanager for errangerents,
Your Gross Rent has been set at 30.9% of Net Fawily
Tneawe which has boon determined a5 Gross Annvel Tneowe Fins
tatal deduckians.
Trromet Honthiy — Annwal
OTHER 6 2792
Gross Family Tacome 3792
Deductions:
NTROR/STHZATH OTS FAK RRR-480 1440
Total Seductions 1449
Het Fewily Tacoee 2352
Your contract rent has heen determined ss follows:
Honthly Gross Rant 53
Loss WRility Allowance of 4
Canteact Rank 9
Based on the ahave your Ynnthly Contract Raat has changed 25
follous:
Your rent has derreasad ta $59 pom aonth effective 09/1/01.
Your rent has hpen set retroactively aad your account adjusted for
the period 09/01/01 te 09/90/01 a5 fot tous:
Previously charged at $166 per ennth,
Changed to $59 per nonth,
Net credit to secannt $107.00,
TF yau have any questions regarding this notire, please
phone go at 4755506932,
TALAR XTLIONA
Housing Henager
res Eligibility Departsent EXHIBIT 4