Res 00-02HIt 11 I I
THE HOUSING AND REDEVELOPMENT AUTHORITY
OF THE CITY OF MOUND
RESOLUTION
RESOLUTION ADOPTING A NEW LEASE EFFECTIVE FEBRUARY 1, 2000.
WHEREAS, the Mound Housing and Redevelopment Authority has now in effect a Public Housing
Lease; and
WHEREAS, said policy is out of date and needs to incorporate the new rules and regulations that
have been passed.
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the Mound Housing
and Redevelopment Authority that the new lease, as attached, will be come effective February 1,
2000.
Pat Meisel, Chairperson
Date
Karol Charon, Executive Director
Date
II J, I I ! &l,
HOUSING AUTHORITY OF MOUND~
MINNESOTA
RESIDENTIAL LEASE AGREEMENT
THIS LEASE IS IN TWO PARTS:
Part I establishes the Terms and Conditions of the lease.
These apply to all residents;
Part 2 is a lease contract. This is executed by the
resident and the Authority, includes Part I Terms and
Conditions (by reference) and the following, information
specific to each family's circumstances:
- Identification of all members of Tenant household by
relationship to the Head of the Household, their
social security numbers, ages (at the time of lease
execution) and dates of birth (DOB);
- Unit address, occupancy date, and unit number;
Pro-rated and full monthly rent amount, security
deposit required, pro-rated and full monthly utility
allowance provided (if any), pro-rated and full
monthly utility reimbursement (if any) and the
amount of any other charges due under the lease;
- Utilities and appliances provided by the Authority
with the unit;
- All pamphlets or informational materials provided to
Tenant;
Signature line for the parties to the lease (all
adult members of Tenant household must sign the
lease);
Emergency telephone number for Tenant to use if
maintenance problems arise with the unit outside of
normal Authority working hours.
(1)
PART 1 of the RESIDENTIAL LEASE AGREEMENT' TERMS AND CONDITIONS
Housing Authority of Mound, Minnesota
THIS LEASE AGREEMENT (called the "Lease") is between the Housing
Authority of Mound named in Part 2 of this lease (called
"Tenant"). [966.4 (a)]
Description of the Parties and Premises: [966.4 (a)]
(a)
The Authority, using verified data about income, family
composition, and needs, leases to Tenant, the property
(called "premises" or "dwelling unit") described in Part
2 of this Lease Agreement, subject to the terms and
conditions contained in this lease. [966.4 (a)]
(b)
(o)
Premises must be used only as a private residence, solely
for Tenant and the household members named on Part 2 of
the Lease. The Authority may, by prior written approval,
consent to Tenants use of the unit for legal profit-
making activities incidental to the residential use
subject to the Authority's policy on such activities.
[966.4 (d)(1 a 2)]
Any additions to the household members named on the
lease, including Live-in Aides and foster children, but
excluding natural births, require the advance written
approval of the Authority. Such approval will be granted
only if the new family members pass the Authority's
screening criteria and a unit of the appropriate size is
available. Permission to add Live-in Aides and foster
children shall not be unreasonably refused. [966.4 (a) (2)
~ (d)(3)(i)]
Tenant agrees to wait for the Authority's approval before
allowing additional persons to move into the Premises.
Failure on the part of Tenant to comply with this
provision is a serious violation of the material terms of
the lease, for which the Authority may terminate the
lease in accordance with Section XVI [966.4 (f) (3)]
(d)
Deletions (for any reason) from the household members
named on the lease shall be reported by the Tenant to the
Authority in writing, within 10 days of the occurrence.
[966.4 (c)(1) & (2) & (f)(3)]
II. Lease and Amount of Rent
(a)
Unless otherwise modified or terminated in accordance
with Section XVI, this Lease shall be in effect for a
period of 12 months. The recent amount is stated in Part
2 of this Lease. Rent shall remain in effect unless
adjusted by the Authority in accordance with Section VII
herein. [966.4 (C)]
The rent amount is stated in Part 2 of this Lease. Rent
shall remain in effect unless adjusted by the Authority
an accordance with Section V2 herein. [966.4 (c)]
i ,11 i I i ,BI, l, il I ,~ ,,
The amount of the Total Tenant Payment and Tenant Rent
shall be determined by the Authority in compliance with
HUD regulations and requirements and in accordance with
the Authority's Admissions and Occupancy Policy. [966.4
(c)]
(b) Rent is DUE and PAYABLE in advance on the first day of
each month and shall be considered delinquent after the
fifth calend~w day of the month. Rent may include
utilities as described in Section V2 below, and includes
all maintenance services due to normal wear and tear.
[966.4 (b)(t), (e) (1) & (3)]
When the Authority makes any change in the amount of Total Tenant
Payment or Tenant Rent, the Authority shall give written notice
to Tenant. The notice shall state the new amount, and the date
from which the new amount is applicable. Rent redetermination
are subject to the Administrative Grievance Procedure. The
notice shall also state that Tenant may ask for an explanation of
how the amount is computed by the Authority. If Tenant asks for
an explanation, the Authority shall respond in a reasonable time.
[966.4 (c) (4)]
III Other Charges
In addition to rent, Tenant is responsible for the payment of
certain other charges specified in this lease. The types and
amounts of other charges are specified in Part 2 of this Lease
Agreement. Other charges can include: [966.4 (b) (2)]
(a)Maintenance costs -- The cost for services or repairs due to
intentional or negligent damage to the dwelling unit, common
areas or grounds beyond normal wear and tear, caused by
Tenant, household members or by guests. When the Authority
determines that needed maintenance is not caused by normal
wear and tear, Tenant shall be charged for the cost of such
service, either in accordance with the Schedule of Maintenance
Charges posted by the Authority or (for work not listed on the
Schedule
Part I, Page 2
(b)
Pal~ment Location
of Maintenance Cha~ges) based on the actual cost to the Authority
for the labor and materials needed to complete the work. If
overtime work is required, overtime rates shall be charged. [966.4
(b) (2) ]
Excess Utility charges -At developments where utilities are
provided by the Authority, a charge shall be assessed for excess
utility consumption due to the operation of major tenant-supplied
appliances. This charge does not apply to Tenants who pay their
utilities directly to a utility supplier. [966.4 (b) (2)]
(c) Installation charges for tenant-supplied air conditioners.
(d) Late Charges -- A charge of $20.00 per day late for rent or other
charges paid after the fifth calendar day of the month. [966.4
(b) (3)] The Authority shall provide written notice of the amount
of any charge in addition to Tenant Rent, and when the charge is
due. Charges in addition to rent are due no sooner than two weeks
after Tenant receives the Authority's written notice of the
charge. [966.4 (b)(4)]
(e) Court Fees - If Management brings any suit or action in court
against the tenant for termination of this Lease, or a suit or
action for any rent or other sums due under the terms of this
Lease, Tenant agrees to pay Management's attorney' fees and other
legal costs, IF AND ONLY IF the court determines that the Tenant
has lost the suit or action brought by Management. If the Tenant
prevails in the suit or action brought by Management, no
attorneys' fees or other legal costs shall be payable by the
Tenant.
Rent and other charges can be paid at the Main office located at Indian
Knoll Manor, 2020 Commerce Blvd, Mound, Minnesota or at other locations
specified in Part 2 of this Residential Lease. However, if needed as a
reasonable accommodation, the Authority shall make other arrangements for
payment of rent. The Authority will not accept cash. [8.24 a) (1) (2) and
(b) ]
Security Deposit
(a) Tenant Responsibilities: Tenant agrees to pay a security deposit of
$ 150. oo.
The dollar amount of the security deposit is noted on Part 11 of
this Residential Lease. [966.4 (b) (5)]
(b) Authority's Responsibilities: The Authority will use the Security
Deposit at the termination of this
Lease:
I . To pay the cost of any rent or any other charges owed by
Tenant at the termination of this lease.
To reimburse the cost of repairing any intentional or
negligent damages to the dwelling unit caused by Tenant,
household members or guests.
Part 1, Page 3
(c) The Authority shall not charge a higher security deposit for
tenants with disabilities who use wheelchairs and/or have
service or companion animals necessary as a reasonable
accommodation.
The Security Deposit may not be used to pay rent or other charges while
Tenant occupies the dwelling unit. No refund of the Security Deposit will
be made until Tenant has vacated, and the dwelling unit has been inspected
by the Authority.
The return of a security deposit shall occur within 21 days after Tenant
moves out. The Authority agrees to return the Security Deposit plus
accrued interest (subject to applicable laws), if any, to Tenant when
he/she vacates, less any deductions for any costs indicated above, so long
as Tenant furnishes the Authority with a forwarding address. If any
deductions are made, the Authority will furnished Tenant with a written
statement of any such costs for damages and/or other charges deducted from
the Security Deposit.
VI. Utilities and Appliances [966.4 (b)(!)]
(a) Authority-Supplied Utilities: If indicated by an (X) on Part 2 of
the Lease Agreement, the Authority will supply the indicated
utility: electricity, natural gas, heating fuel, water, sewer
service. The Authority will not be liable for the failure to
supply utility service for any cause whatsoever beyond its control.
If indicated by an (X) on Part 2 of the Lease Agreement, the Authority
will provide a cooking range and refrigerator. Other major electrical
appliances, air conditioners, freezers, extra refrigerators, washers,
dryers, etc., may be installed and operated only with the written
approval of the Authority. A monthly service charge will be payable by
Tenant for the electricity used in the operation of such appliances, as
shown on the Schedule posted in the Project office. [966.4 (b) I2)]
(b) Tenant-paid Utilities: If Tenant resides in a development where
the Authority does not supply electricity, natural gas, or heating
fuel, an Allowance for Utilities shall be established, appropriate
for the size and type of dwelling unit for utilities Tenant pays
directly to the utility supplier. The Total Tenant Payment less
the Allowance for Utilities equals Tenant Rent. If the Allowance
for Utilities exceeds the Total Tenant Payment the Authority will
pay a Utility Reimbursement to the utility supplier or Tenant each
month. [5.603]
The Authority may change the Allowance at any time during the term of
the lease, and shall give Tenant 60 days written notice of the revised
Allowance along with any resultant changes in Tenant Rent or Utility
Reimbursement. [965.502 (c)]
Part 1, Page 4
60 days written notice of the revised Allowance along with any
resultant changes in Tenant Rent ol Utility Reimbursement. [965.502
(c)]
If Tenants actual utility bill exceeds the Allowance for Utilities,
Tenant shall be responsible for paying the actual bill to the
supplier. If Tenant's actual utility bill is LESS than the
Allowance for Utilities, Tenant shall receive the benefit of such
saving.
(c) Tenant Responsibilities: Tenant agrees not to waste the utilities
provided by the Authority and to comply with any applicable law,
regulation, or guideline of any governmental entity regulating
utilities or fuels. [966.4 (f) (8)]
Tenant also agrees to abide by any local ordinance or House rules
restricting or prohibiting the use of space heaters in multi-dwelling
units.
VII. Terms and Conditions
The following terms and conditions of occupancy are made a part of the
Lease.
(a) Use and Occupancy of Dwelling: Tenant shall have the right to
exclusive use and occupancy of the dwelling unit for Tenant and
other household members listed on the lease. With the prior
written consent of the Authority, members of the household may
engage in legal profit-making activities in the dwelling unit
incidental to the residential use. [966.4 (d) (1) & (2)]
This provision permits accommodation of Tenants guests or visitors for a
period not exceeding fourteen (14) days each year. Permission may be
granted, upon written request to the Manager, for an extension of this
provision. [966.4 (d) (1)]
(b) Ability to comply with Lease terms: If, during the term of this
Lease, Tenant, by reason of physical or mental impairment, is no
longer able to comply with the material provisions of this lease
and cannot make arrangements for someone to aid him/her in
complying with the lease, and the Authority cannot make any
reasonable accommodation that would enable Tenant to comply with
the lease; THEN, the Authority will assist Tenant or designated
meraber(s) of Tenants family, to find more suitable housing and move
Tenant from the dwelling unit. If there are no family members who
can or will take responsibility for moving Tenant the Authority
will work with appropriate agencies to secure suitable housing and
will terminate the Lease in accordance with Section XIV of this
lease.
At the time of admission, all Tenants must identify the family member(s)
to be contacted if they become unable to comply with lease terms.
(c) Redetermination of Rent Dwelling Size, and Eligibility. The rent
amount as fixed in Part 2 of the Lease Agreement is due each month
until changed as described below.
Part 1, Page 5
(2)
The status of each family is to be re-examined at least once a
year. [5. 617 (a)(1)]
Tenant promises to supply the Authority, when requested, with
accurate information about: family composition, age of family
members, income and source of income of all family members,
assets, and related information necessary to determine
eligibility, annual income, adjusted income, and rent. [5.617
(b)(2)]
Failure to supply such information when requested is a serious
violation of the terms of the lease, and the authority may terminate
the lease.
Ail information must be verified. Tenant agrees to comply with the
Authority's requests for verification by signing zeleases for third-
party sources, presenting documents for review, or providing other
suitable forms of verification. [966.4 (c)(2)]
The Authority shall give Tenant reasonable notice of what actions
Tenant must take and of the date by which any such action must be
taken for compliance under this section. This information will be
used by the Authority to decide whether the amount of the rent
should be changed, and whether the dwelling size is still
appropriate for Tenant's needs.
This determination will be made in accordance with the Admissions
and Occupancy Policy, which is publicly posted in the Project
Office. A copy of the policies can be furnished on request at the
expense of the person making the request.
(3)
Rent will not change during the period between regular re-
examinations, UNLESS during such
period: [5.617 (a) (2)]
Part 1, Page 6
(d)
(a) A person with income joins the household.
(b) Tenant can verify a change in his/her circumstances (such as
decline in or loss of income) that would justify a reduction
in rent. [5.613]
If a reduction is granted, Tenant must report subsequent increases
in income within 10 days of the occurrence, until the next
scheduled re-examination. (Failure to report within the 10 days
may result in a retroactive rent charge.)
(c) It is found that the Tenant has misrepresented the facts upon
which the rent is based so that the rent Tenant is paying is
less than the rent that he/she should have been charged. The
Authority then may apply an increase in rent retroactive to
the first of the month following the month in which the
misrepresentation occurred.
(d) Rent formulas or procedures are changed by Federal law or
regulation.
(4) All changes in family composition must be reported to the Housing
Manager within 10 days of the occurrence. Failure to report
within the 10 days may result in a retroactive rent charge.
[966.4 (c) (2)]
This Lease will NOT be revised to permit a change of family
composition resulting from a request to allow adult children to move
back into the unit. An exception will be made if it is determined
that the move-in of a single adult child is essential for the mental
or physical health of Tenant.
Rent Adjustments: Tenant will be notified in writing of any rent
adjustment due to the situations described above. All notices will
state the effective date of the rent adjustment.
(1) In the case of a rent decrease, the adjustment will become
effective on the first day of the month following the reported
change in circumstances or change in Federal law or regulations,
provided Tenant reported the change in a timely manner, as
specified above (when change is based on new circumstances).
(2) In the case of a rent increase, when an increase in income occurs
after a prior rent reduction and is reported within 10 da¥~. of
the occurrence, the increase will become effective the first day
of the 2nd month following the month in which the change was
reported.
I3) In the case of a rent increase due to a change in Federal law or
regulations, the increase will become effective the first day of
the second month following the month in which the Authority
notifies the tenant of the law or regulatory change.
(4) In the case of a rent increase due to misrepresentation, failure
to report a change in family composition, or failure to report an
increase in income (after a reduction in rent per the fixed rent
policy), the Authority shall apply the increase in rent
retroactive to the first of the month following the month in which
the misrepresentation occurred.
Part 1, Page 7
(e) Transfers [966.4 (C)(3)]
(1) Tenant agrees that if the Authority determines that the size or
aeslgn o'f the dwelling unit is no longer appropriate %o Tenanfs
needs, the Authority shall send Tenant written notice. Tenant
further agrees to accept a new lease for a different dwelling unit
of the appropriate size or design.
(2) The Authority may move a Tenant into another unit if it is
determined necessary to rehabilitate or demolish Tenant's unit.
(3) If a Tenant makes a written request for special unit features in
support of a documented disability, the Authority shall modify
Tenant's existing unit. If the cost and extent of the
modifications needed are tantamount to those required for a fully
accessible unit, the Authority may transfer Tenant to another unit
with the features requested at the Authority's expense.
(4) A tenant without disabilities who is housed in an accessible or
adaptable unit must transfer to a unit without such features
should a Tenant with disabilities need the unit (at the
Authority's expense). [8.27 (b)]
(5; In the. case of involuntary ftwsfers,.Tenant shall be required to
move into the dwelling unit made available by the Authority.
Tenant shall be given 15 days time in which to ~ove
following delivery of a transfer notice. If Tenant refuses
to move, the Authority may terminate
the Lease. [966.4 (c) (3)]
(6) Involuntary transfers are subject to the Grievance Procedure,
and no such transfers may be made until either the time to
request a Grievance has expired or the procedure has been
completed. [966.4 (c)(4)]
(7) The Authority will consider any Tenant requests for transfers
in accordance with the transfer priorities established in the
Admissions and Occupancy Policies.
Part 1, Page 8
VIII. Authority Obligations [966.4 (e)]
The Authority shall be obligated:
(a) To maintain the dwelling unit and the project in decent, safe and
sanitary condition; [966.4 (e) (1)]
(b) To comply with the requirements of applicable building codes,
housing codes, and HUD regulations materially affecting health and
safety; [966.4 (e) (2)]
(c) To make necessary repairs to the dwelling unit; [966.4 (e) (3)]
(d) To keep project building, facilities, and common areas, not
otherwise assigned to Tenant for maintenance and upkeep, in a
clean and safe condition; [966.4 (e) (4)]
(e) To maintain in good and safe working order and condition
electrical, plumbing, sanitary, heating, ventilating, and other
facilities and appliances, including elevators supplied or
required to be supplied by the Authority; [966.4 (e) (5)]
(f) To provide and maintain appropriate receptacles and facilities
(except container for the exclusive use of an individual tenant
family) for the deposit of garbage, rubbish, and other waste
removed from the premise by Tenant as required by this Lease, and
to provide disposal service for garbage, rubbish and other solid
waste; [966.4 (e) (6)]
(g) To supply running water and reasonable amounts of hot water and
reasonable amount of heat at appropriate times of the year acco-
ding to local custom and usage; EXCEPT where the building that
includes the dwelling unit is not required by law to be equipped
for that purpose, or where heat or hot water is generated by an
installation within the exclusive control of Tenant and supplied
by a direct utility connection; [966.4 (e) (7)]
(h) To notify Tenant of the specific grounds for any proposed adverse
action by the Authority. (Such adverse action includes, but is not
limited to, a proposed lease termination, transfer of Tenant to
another unit or imposition of charges for maintenance and repair,
or for excess consumption of utilities.) When the Authority is
required to afford Tenant the opportunity for a hearing under the
Authority's grievance procedure for a grievance concerning a
proposed adverse action:
(1) The Notice of the proposed adverse action shall infortn
Tenant of the right to request such hearing. In the case of
lease termination, a notice of lease termination that
complies with 966.4(1)(3) shall constitute adequate notice of
proposed adverse action.
Part 1, Page 9
(2)
In the case of a proposed adverse action other than a proposed
lease termination, the Authority ~hall not take the proposed
action until time to request such a hearing has expired and
(if hearing was timely requested) the grievance process has
been completed. [966.4 (e)(8)]
(i) Reasonable Accommodations for Residents with Disabilities:
Housing providers must make reasonable accommodations in, lease and
other policy requirements when requested by a qualified resident with
disabilities. The concept of reasonable accommodation involves helping
a resident meet essential lease requirements; it does not require the
lowering or waiving of essential requirements. Accommodations are not
reasonable if they require a fundamental alteration in the nature of
the program or impose undue financial and administrative burdens on the
housing provider.
IX. Tenant's Obligations
Tenant shall be obligated:
(a) Not to assign the Lease, nor sublease the dwelling unit. [ 966.4
(f)(1)]
(b) Not to give accommodation to boarders or lodgers; [966.4 f) (2)]
Part 1, Page 10
(2) Not to give accommodation to 10ng term guests (in excess of 14
days) without the advance w~itten consent of the Authority.
(c) To use the dwelling unit solely as a private dwelling for Tenant and
Tenant's household as identified in PART 2 of the Lease, and not to use
or permit its use for any other purpose. [966.4 (f) (3) & (d) (1 & 2)]
(See also Sec. I (b))
This provision does not exclude the care of foster children or live-in care
of a member of Tenants family, provided the accommodation of such persons
conforms to the Authority's Occupancy standards, and so long as the
Authority has granted prior written approval for the foster child(ren), or
live-in aide to reside in the unit. [966.4 (d) ((3) (i)]
(d) To abide by necessary and reasonable regulations p~omulgated by the
Authority for the benefit and well-being of the housing project and
Tenants. These regulations shall be posted in a conspicuous manner in
the project office and incorporated by reference in this Lease.
Violation of such regulations constitutes a violation of the Lease.
[966.4 (f) (4)]
(e) To comply with the requirements of applicable state and local building
or housing codes, materially affecting health and/or safety of Tenant
and household. [ 966.4(f) (5)]
(f) To keep the dwelling unit and other such areas as may be assigned to
Tenant for exclusive use in a clean and safe condition. [966.4(0(6)]
This includes keeping front and rear entrances and walkways for the
exclusive use of Tenant, free from hazards and trash and keeping the
yard free of debris and litter. Exceptions to this requirement may be
made for Tenants who have no household members able to perform such
tasks because of age or disability. [966.4 (g)]
(g) To dispose of all garbage, rubbish, and other waste from the dwelling
unit in a Sanitary and safe manner only in containers approved or
provided by the Authority. [ ~ 966.4(f) (7)] To refrain from, and cause
members of Tenants household or guest to refrain from, littering or
leaving trash and debris in common areas.
(h) To use only in reasonable manner all electrical, sanitary, heating,
ventilating, air-conditioning, and other facilities and appurtenances
including elevators. [966.4(f) (8)]
(i) To refrain from, and to cause household and guests to refrain from
destroying, defacing, damaging, or removing any part of dwelling unit
or project. [966.4 (f)(9)]
(j) To pay reasonable charges (other than for wear and tear) for the repair
of damages to the dwelling unit, project buildings, facilities, or
common areas caused by Tenant, household members or guests. [~
966.4(f) (10)]
(k) To act, and cause household members or guests to act in a manner that
will:
(1) Not disturb other residents' peaceful enjoyment of their
accommodations; and
Part 1, Page 11
[2) Be ¢onaUcive to maintaining all Authority projects in a decent
safe, and sanitary condition. [966.4 [f) II ~]
To assure that Tenant any member of the household, a guest, or another
person under Tenant's control, shall not engage in:
(1) Any criminal activity that threatens the health, safety, or right
to peaceful enjoyment of the Authority's public housing premises
by other residents or employees of the Authority, or;
(2) Any drug-related criminal activity on or off the premises. Any
criminal activity in violation of the preceding sentence shall be
cause for termination of tenancy, and for eviction from the unit.
[For the purposes of this lease, the term drug-related criminal
activity means the illegal possession, manufacture, sale,
distribution, use or possession with intent to manufacture, sell,
distribute, or use, of a controlled substance as defined in
Section 102 of the Controlled Substances Act.) [966.4 [f) [12)]
To make no alterations or repairs or redecorations to the interior of
the dwelling unit or to the equipment, nor to install additional
equipment or major appliances without written consent of the
an es to locks or install new locks on
Authority. To make no ch g . - ,- --~itten approval. To use no
exterior doors without the Authority ~ ~
nails, tacks, screws, brackets, or fasteners on any part of the
dwelling unit (a reasonable number of picture hangers excepted)
without authorization by the Authority.
Part 1, Page 12
(n) To give prompt pri0r notice to the Authority, in accordance with
Section VIII hereof, of Tenant's leaving dwelling unit unoccupied
for any period exceeding one calendar week.
(o) To act in a cooperative manner with neighbors and the Authority's
Staff. To refrain from and cause members of Tenants household or
guests to refrain from acting or speaking in an abusive or
threatening manner toward neighbors and the Authority's staff.
(p) Not to display, use, or possess or allow members of Tenants
household or guests to display, use or possess any firearms,
(operable or inoperable) or other offensive weapons as defined by
the laws and courts of the State of Minnesota anywhere in the unit
or elsewhere on the property of the Authority.
(q) To take reasonable precautions to prevent fires and to refrain from
storing or keeping flammable materials upon the premises.
(r) To avoid obstructing sidewalks, areaways, galleries, passages,
elevators, or stairs, and to avoid using these for purposes other
than going in and out of the dwelling unit.
(s) To refrain from erecting or hanging radio or television antennas on
or from any part of the dwelling , except that roof antennas may be
installed in accordance with regulations set forth by the Authority
with the written approval of the Authority.
(t) To refrain from placing signs of any type in or about the dwelling
except those allowed under applicable zoning ordinances and then
only after having received written permission of the Authority.
(u) To insure that no member of their household keeps, maintains,
harbors, or boards any dog, cat, livestock, or pet of any nature in
the dwelling unit or on the grounds of any Authority development
except in accordance with the Authority's pet policy.
However, in any development a person with a disability may keep a
companion or service animal that is needed as a reasonable accommodation
for his or her disability. An animal needed as a reasonable
accommodation is not subject to the Authority's pet policy (if there is
one), although it is subject to reasonable health and safety rules.
(v) To remove from Authority property any vehicles without valid
registration and inspection stickers. To refrain from parking any
vehicles in any right-of-way or fire-lane designated and marked by
the Authority. Any inoperable or un-licensed vehicle as described
above will be removed from Authority property at Tenant s expense.
Automobile repairs are not permitted on project site.
(w) To remove any personal property left on Authority property when
Tenant leaves, abandons or surrenders the dwelling unit. Propert7y
left for more than 30 days shall be considered abandoned and will
be disposed of by the Authority. Costs for storage and disposal
shall be assessed against the former Tenant.
Part 1 Page 13
IX) To use reasonable care to keep the dwelling unit in such condition
as to ensure proper health and sanitation standards for Tenant,
household members and neighbors. TENANT SHALL NOT~?Y THE kUTH0~ITY
PROSLY OF KNOWN NEED FOR REPAIRS TO THE DWELLING UNIT, and of known
unsafe or unsanitary conditions in the dwelling unit or in common
areas and grounds of the Project. Tenant's failure to report the
need for repairs in a timely manner shall be considered to
contribute to any damage that occurs.
(y) (1) Not to commit any fraud in connection with any Federal
housing assistance program, and
(2) Not to receive assistance for occupancy of any other unit
assisted under any Federal housing assistance program during
the term of the lease.
(z)
To pay promptly any utility bills for utilities supplied to Tenant
by a direct connection to the utility company, and to avoid
disconnection of utility service for such utilities.
X. Defects Hazardous to Life, Health and Safety
In the event that the dwelling unit is damaged to the extent that
conditions are created which are hazardous to the
life, health, or safety of the occupants: [966.4 (h)]
Authority Responsibilities:
(a) The Authority shall be responsible for repair of the unit within a
reasonable period of time after receiving notice from Tenant,
provided, if the damage was caused by Tenant, household members, or
guests, the reasonable cost of the repairs shall be charged to
Tenant. [966.4 (h)(2)]
Part 1, Page 14
(bl The Authority shall offer Tenant a replacement dwelling unit, if
available, if necessary repairs cannot be made within a reasonable
time. The Authority is not required to offer Tenant a replacement
unit if the hazardous condition was caused by Tenant, household
members, or guests. [966.4
(c) Tenant shall accept any replacement unit offered by the Authority.
(d) In the event repairs'cannot be made by the Authority, as described
above, or alternative accommodations are not provided, then rent
shall abate in proportion to the seriousness of the damage and loss
in value as a dwelling. No abatement of rent shall occur if Tenant
rejects alternative accommodations or if the damage was caused by
Tenant@ household members, or guests. [966.4 (h) (4)]
(e) If the Authority determines that the dwelling unit is untenable
because of imminent danger to the life, health, and safety of
Tenant, and alternative accommodations are refused by Tenant, this
Lease shall be terminated, and any rent paid will be refunded to
Tenant.
Tenant Responsibilities:
(a) Tenant shall immediately notify the Project Manager of the damage
and intent to abate rent, when the damage is or becomes
sufficiently severe that Tenant believes he/she is justified in
abating rent. [966.4 (h) (1)]
(b)
Tenant agrees to continue to pay full rent, less the abated
portion agreed upon by the Authority, during the time in which
the defect remains uncorrected.
XI.
Inspections
(a) Move-in Inspection: The Authority and Tenant or representative
shall inspect the dwelling unit prior to occupancy by Tenant. The
Authority will give Tenant a written statement of the condition of
the dwelling unit both inside and outside, and note any equipment
provided with the unit. The statement shall be signed by the
Authority and Tenant and a copy of the statement retained in
Tenant's folder. [966.4 (i)] Any deficiencies noted on the
inspection report will be corrected by the Authority, at no charge
to Tenant.
(b) Other Inspections - The Authority will inspect the unit at least
annually to check needed maintenance, tenant housekeeping, and
other lease compliance matters. Tenant will receive a written
statement of the charges, if any, for repairs or removal of non-
approved alterations to the unit.
(c) Move-out Inspection - The Authority will inspect the unit at the
time Tenant vacates and give Tenant a written statement of the
charges, if any, for which Tenant is responsible. Tenant and/or
representative may join in such inspection, unless Tenant vacates
without notice to the Authority. [966.4 (i)]
Part 1, Page 15
Ii ,11 I I , I ·,
XII. Entry of Brem/ses During Tenancy
Tenant Responsibilities--
(1) Tenant agrees that the duly authorized agent, employee, or
contractor of the Authority will be permitted to enter
Tenant's dwelling during reasonable hours (SA.M. to 5P.M.) for
the purpose of performing routine maintenance, making
improvements or repairs, inspecting the unit, or showing the
unit for releasing. [966.4 (j) (1)]
(2) When Tenant calls to request maintenance on the unit, the
Authority shall attempt to provide such maintenance at a time
convenient to Tenant. If Tenant is absent from the dwelling
unit when the Authority comes to perform maintenance,
Tenant's request for maintenance shall constitute permission
to enter.
(b)
Authority's Responsibilities--
I . Authority shall give Tenant at least 48 hours written notice
that the Authority intends to enter the unit. Authority may
enter only at reasonable times. [966.4 (j)(1)]
2. The Authority may enter Tenant's dwelling unit at any time
without advance notification when there is reasonable cause
to believe that an emergency exists. [966.4 (j) (2)]
3. If Tenant and all adult members of the household are absent
from the dwelling unit at 'the time of entry, Authority shall
leave in the dwelling unit a written statement specifying the
date, time and purpose of entry prior to leaving the dwelling
unit. [966.4 (j) (3)]
XIII. Notice Procedures
(a) Tenant Responsibility-- Any notice to Authority must be in writing,
delivered to the Project Office or
Part 1, Page 15(a)
to Authority's centra!'offlce,'or sent by prepaid first-class
mail, properly addressed. [966.4 (k)(1)lii)]
(b) Authority Responsibility-- Notice to Tenant must be in writing,
delivered to Tenant or to any adult member of the household
residing in the dwelling unit, or sent by prepaid first-class mail
addressed to Tenant. [966.4 (j) (1)]
tc) Unopened, canceled, @ class mail returned by the Post Office shall
be sufficient evidence that notice was given, whether signed or
unsigned.
(d) If Tenant is visually impaired, all notices must be in an
accessible format. [966.4 (k) (2)]
XIV. Termination of the Lease
In terminating the Lease, the following procedures shall be followed by the
Authority and Tenant:
(a) This Lease may be terminated only for serious or repeated
violations of material terms of the Lease such as failure to make
payments due under the lease or to fulfill Tenant obligations set
forth in section IX above, or for other good cause. [966.4 (1) (2)]
Such serious or repeated violation of terms shall include but not be
limited to:
(1) The failure to pay rent or other payments when due; [966.4
(1) (2)]
(2) Repeated late payment which shall be defined as failure to pay
the amount of rent or other charges due by the 5TM of the
month. Four such late payments within a 12 month period shall
constitute a repeated late payment; [966.4 (1)(2)]
(3) Failure to pay utility bills when Tenant is responsible for
paying such bills directly to the supplier of utilities;
[966.4 (1)(2)]
(4) Misrepresentation of family income, assets, or composition;
[966.4 (c) (2)]
(5) Failure to supply, in a timely fashion, any certification,
release, information, or documentation on Family income or
composition needed to process annual reexaminations or interim
re-determinations. [966.4 (c) (2)]
(6) Serious or repeated damage to the dwelling unit, creation of
physical hazards in the unit, common areas, grounds, or
parking areas of any project site; [966.4 (1)(2)]
(7) Criminal activity by Tenant, household member, guest, or other
person under Tenants control, including criminal activity that
threatens the health, safety or right to peaceful enjoyment of
the Authority's public housing premises by other residents or
employees, or any drug-related criminal activity on or off the
premises. [966.4 (1)(2)]
Part 1, Fage 16
(8) Alcohol abuse that the Authority determines inte=fe=es with
the health, safety, or right to peaceful enjoyment of the
premises by other residents.
(9) Weapons or illegal drugs seized in an Authority unit by a law
enforcement officer; [966.4 (1)(2)]
(10)Any fire on Authority premises caused by the tenant, household
members or guests' actions or neglect. [966.4 (1)(2)]
(b) The Authority shall give written notice of the proposed
termination of the Lease of-
(1) 14 days in the case of failure to pay rent;
(2) A reasonable time, but not to exceed 30 days, considering the
seriousness of the situation when the health or safety of other
tenants or Authority staff is threatened;
(3) 30 days in any other case. [966.4 (1) (3) (i) (A), (B) & (C)I
(c) The notice of termination:
(1)
The notice of termination to Tenant shall state specific
reasons for the termination, shall inform Tenant of his/her
right to make such reply as he/she may wish, and of Tenant's
right to examine Authority documents directly relevant to the
termination or eviction. [966.4 (1) {3) (ii)]
(2)
When the Authority is required to offer Tenant the opportunity
for a grievance hearing, the notice shall also inform Tenant
of the right to request such a hearing in accordance with the
Authority's grievance procedures. [966.4 (1)(3)(ii)]
(3)
Any notice to vacate (or quit) which is required by State or
local law may be combined with, or run concurrently, with the
notice of lease termination under this section. [966.4
(1)(3)(iii)]
Part 1, Page 17
The Notice to Vacate mus% be in wri%ing, and specify that if
Tenant fails to quit the premises within the applicable
statutory period, appropriate action will be brought against
Tenant, and Tenant may be required to pay the costs of court
and attorneys's fees.
When the Authority is required to offer Tenant the opportunity
for a grievance hearing under the Authority's grievance
procedure for a grievance concerning the lease termination,
the tenancy shall not terminate (even if any Notice to Vacate
under State of local law has expired) until the period to
request a hearing has expired, or (if a hearing is requested)
the grievance process has been completed. [966.4 (1)(3)(iv)]
(5) When the Authority is not required to offer Tenant the
opportunity for a hearing under the grievance procedure and
the Authority has decided to exclude such grievance from
Authority grievance p~ocedure, the notice of lease termination
shall (a) state that Tenant is not entitled to a grievance
hearing on the termination; Ih) specify the judicial eviction
procedure to be used by the Authority for eviction and state
that HUD has determined that this eviction procedure provides
the opportunity for a hearing in a court that contains the
basic elements of due process as defined in HUD regulations;
and (c) state whether the eviction is for a criminal activity
that threatens health or safety of residents or staff or for
drug-related criminal activity. [966.4 (1)(3)(v)]
(6)
The Authority may evict a Tenant from the unit either by
bringing a court action; the Authority must afford the Tenant
the opportunity for a pre-eviction hearing in according with
the PHA grievance procedure [966.4 (1) (4) (i) (ii)]. The
hearing notice will advise persons with disabilities of their
rights to request a reasonable accommodation.
(d) Tenant may terminate this Lease at any time by giving 30 days
written notice as described in Section XIII, above.
(e) In deciding to evict for criminal activity, the Authority shall
have discretion to consider all of the circumstances of the case,
including the seriousness of the offense, the extent of
participation by or awareness of family members, and the effects
that the eviction would have both on family members not involved in
the proscribed activity and on the family's neighbors. In
appropriate cases, the Authority may permit continued occupancy by
remaining family members and may impose a condition that family
members who engaged in the proscribed activity will neither reside
in nor visit the unit. The Authority may require a family member
who has engaged in the illegal use of drugs to present credible
evidence of successful completion of a treatment program as a
condition to being allowed to reside in the unit. [966.4 (1)(5)]
(f) When the Authority evicts a tenant from a dwelling unit for
criminal activity, the Authority shall notify the local post office
serving that dwelling unit that such individual or family is no
longer residing in the unit so the post office will stop mail
delivery for such persons and they will have no reason to return to
the unit. [966.4 (1) (5) (ii))]
Part 1, Page 18
No delay or failure by the Authority in exercising any right under this
lease agreement, and no partial or single exercise of any such right shall
constitute a waiver (post or prospective) of that or any other right,
unless otherwise expressly provided herein.
XVI. Housekeeping Standards
In an effort to improve the livabitity and conditions of the apartments
owned and managed by the Authority, uniform standards for resident
housekeeping have been developed for all tenant families.
(a) Authority Responsibilit¥~. The standards that follow will be applied
fairly and uniformly to all Tenants. The Authority will inspect
each unit at least annually, to determine compliance with the
standards. Upon completion of an inspection, the Authority will
notify Tenant in writing if he/she fails to comply with the
standards. The Authority will advise Tenant of the specific
correction(s) required to establish compliance, and indicate that
training is available. Within a reasonable period of time, the
Authority
Part 1, Page 19
will schedule a second inspection. Failure of a second inspection
will constitute a violation of the lease terms.
Training will be available at no cost to any Tenant requestin~ or
needing assistance in complying with the Housekeeping Standards.
Tenant Responsibility. Tenant is required to abide by the standards
set forth below. Failure to abide by the Housekeeping Standards that
results in the creation or maintenance of a threat to health or safety
is a violation of the lease terms and can result in eviction.
(c) Housekeepin~ Standards: Inside the Apartment General--
(1) Walls: should be clean, free of dim grease, holes, cobwebs,
and fingerprints.
(2) Floors: should be clean, clear, dry and free of hazards.
(3) Ceilings: should be clean and free of cobwebs.
(4) Windows: should be clean and not nailed shut. Shades or
blinds should be intact.
(5) Woodwork: should be clean, free of dust, gouges, or
scratches.
(6) Doors: should be clean, free of grease and fingerprints.
Doorstops should be present. Locks should work.
(7) Heating units: should be dusted and access uncluttered.
(8) Trash: shall be disposed of properly and not left in the
unit.
(9) Entire unit should be free of rodent or insect infestation.
Kitchen:
(1)
(2)
Stove: should be clean and free of food and grease.
Refrigerator: should be clean. Freezer door should close
properly and freezer have no more than one inch of ice.
Cabinets: should be clean and neat. Cabinet surfaces and
counter top should be free of grease and spilled food.
Cabinets should not be overloaded. Storage under the sink
should be limited to small or lightweight items to permit
access for repairs. Heavy pots and pans should not be
stored under the sink.
(4) Exhaust Fan: should be free of grease and dust.
(5) Sink: should be clean, free of grease and garbage. Dirty
dishes should be washed and put away in a timely manner.
(6) Food storage areas: should be neat and clean without spilled
food.
(7) Trash/garbage: should be stored in a covered container until
removed to the disposal area.
Bathroom--
Toilet and tank: should be clean and odor free.
Tub and shower: should be clean and free of excessive mildew
and mold. Where applicable, shower curtains should be in
place, and of adequate length.
(3) Lavatory: should be clean
(4) Exhaust fans: should be free of dust.
(5) Floor: should be clean and dry.
Storage Areas--
(1) Linen closet: should be neat and clean.
(2) Other closets: should be neat and clean. No highly
flammable materials should be stored in the unit.
(3) Other storage areas: should be clean, neat and free of
hazards.
(d) Housekeepinq, Standards: Outside the Apartment.
Part 1, Page 21
The following standards apply to family and scauered site development only;
~om~ standards aQDi¥ 0nlywhen the area noted is for the e~clu$~ve use of
Tenant:
(1) Yards: should be free of debris, trash, and abandoned ca~s.
Exterior walls should be free of graffiti.
(2) Porches (front and rear): should be clean and free of hazards. Any
items stored on the porch shall not impede access to the unit.
(3) Steps (front and rear): should be clean, and free of hazards.
(4) Sidewalks: should be clean and free of hazards.
Storm doors: should be clean, with glass or screens intact.
(6) Parking lot: should be free of abandoned cars. There should be no
car repairs in the lots.
Part 1, Page 22
I hereby certify that I, and
other members of my Household, have not committed any fraud in connection
with any federal housing assistance program, unless such fraud was fully.
disclosed to the Authority before execution of the lease, or before the
Authority's approval for occupancy of the unit by the Household member.
I further certify that all information or documentation submitted by myself
or other Household members to the Authority in connection with any federal
housing assistance program (before and during the lease term) are true and
complete to the best of my knowledge and belief.
Tenant's Signature
Date
ATTACHMENTS:
If indicated by an (X) below, the Authority has provided the tenant with
the following attachments and information: (X) Part I of this Lease
(X) Standard Maintenance Charges (May be updated)
(X) Grievance Procedure (May be updated)
( ) Pet Policy (May be updated)
( ) Housekeeping Standards
( ) Watch Out for Lead Paint Poisoning
( ) Other
STATEMENT ON RECEIPT OF INFORMATION
I/We have received a copy of the above information including "Disclosure of
Information on Lead-based Paint and Lead-based Paint Hazards". The above
information has been thoroughly explained to me/us. I/We understand the
possibility the lead-based paint may exist in the unit.
Tenant's Signature
OFFICE ADDRESS: Indian Knoll Manor
2020 Commence B1vd
Mound, ~4N 55364
TELEPHONE NUMBER: 612-472-5078
EMERGENCY MAINTENANCE TELEPHONE NUMBER(if caretaker not available):
Karol Charon - 612-472-5603
Date
Hours: Monday, Wednesday, Friday
11:00AM - ~:30PM
Lease, Part II, Page I
Il II I I I id, 1,11 , B ,~,,
PART II of the RESIDENTIAL LEASE ASREEMENT:
Housin~ Authority o~ Mound
THIS AGREEMENT is executed between the Housing Authority of
Mound(herein call the "HRA")and
(herein called the
"Tenant"), and becomes effective as of thi~ date: [966.4
(a)]
(1) Unit: That the HRA, relying upon the representations of Tenant
as to Tenant's income, household composition and housing need, leases
to Tenant, (upon Terms and Conditions set forth in Part I of this
Lease agreement) the
dwelling unit LOCATED at Indian Knoll Manor, 2020 Commence Bird,
Mound,MN(and hereinafter called the "premises") to be occupied
exclusively as a private residence by Tenant and household. The Tenant
UNIT NUMBER is: (966.4 9a)
(2) Household Co=9osition: The Tenant's household is composed of the
individuals listed below, (Other than the Head or Spouse) each
household member should be listed by age, oldest to youngest. (966.4
(a) (2)] All members of the household over age 18 shall execute the
lease.
NAME RELATIONSHIP AGE/DOB SOCIAL SEC #
Head
Spouse
(3) Term: The term of this lease shall be 12 months as stipulated in
Part I of the Lease.
(4) Rent: Initial rent (prorated for partial month) shall be
$
Thereafter, rent in the amount of $ per month shall be
payable in advance on the first day of each month, and shall be
delinquent after the fifth (5th) day of said month. [966.4 (b) (1)]
(5) Utilities and Appliances: HRA-Supplied utilities [966.4 (b) (1)]
If indicated by an (X) below, HRA provides the indicated utility as
part of the rent for the premises: (X) Electricity (X) Natural Gas for
Heating
If indicated by an (X) below, the Authority shall provide the
following appliances for the premises: (X) Cooking Range
(X) Refrigerator
Lease, Part II, Page 2
(6) Charges for Excess Appliances
Charges for excess appliances are due per the following: I966.4 (b)~21]
Air Conditioners: An additional charge of $10.00 per month will be payable
for each air conditioner in the premises for the months of June through
Other ADDliances: If checked below, an additional charge of $~.00 per month
for each month of occupancy for each excess appliance on the premises.
( )Extra Freezer ( ) Extra Refrigerator ( ) Other:
(7) Security Deposit: Tenant agrees to pay $150.00 as a Security Deposit.
See Part I of this lease for information on treatment of the Security
Deposit. [966.4 (b) (5)]
(8) Execution: By Tenants signature below, Tenant and household agree to
the terms and conditions of Part I and II of this lease and all additional
documents made a part of the lease by reference.
By the signature(s) below I/we also acknowledge that the Provisions of Part
I and II of this Lease and all additional documents made a part of the
Lease by reference.
By the signature(s)below I/We also acknowledge that the Provisions Part I
of this Lease Agreement have been received and thoroughly explained to
me/us.
TENANT DATE
CO-TENANT DATE
CO-TENANT DATE
EXECUTIVE DIRECTOR
DATE
Lease, Part II, Page 3
DisclOsure of Information on Lead-based Paint and Lead-based Paint Hazards
Lead Warning Statement
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust
can pose health hazards if not taken care of properly. Lead exposure is especially harmful to
young children and pregnant women~ Before renting pre-19 78 housing, landlords must disclose
the presence of known lead-based paint and lead-based paint hazards in the dwelling. Tenants
must also receive a federally-approved pamphlet on lead poisoning prevention
Management's (Lessor's) Disclosure (initial)
_____(a) presence of lead-based paint or lead-based paint hazards (check one below):
[] Known lead,based paint and/or lead-based paint hazards are present in the housing
(explain).
[] Management has no knowledge of lead-based paint and/or lead-based paint hazards
in the housing.
Keeords and reports available to the resident (check one below):
[] Management has provided the resident with all available records and reports pertaining
to lead-based paint and/or lead-based paint hazards in the housing (list documents
below):
Management has no reports or records pertaining to lead-based paint and/or lead-based
paint h~ards in the housing.
Resident's (Lessee's) Acknowledgment (initial)
· : ~:: ,, (c) Resident has received copies;of all information listed:::::::::::::::::::::::::::::: ,: .......
~ (d) ReSident has recei'~ed the pamphlet Protect Your Family from Lead in Your Home.
Agent's Acknowledgment (initial)
_ (e) Agent has informed the management of the management's obligations under 42 U.S.C.
4852(d) and is aware of his/her responsibility to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify to the best of their
knowledge, that the information provided by the signatory is true and accurate.
Management Date Resident Date
Management Date Resident Date
Agent Date Agent Date
Lease, Part I, Page 18
LF. ASE ADDENDUM FOR A DRUG-FREE ~OU~G
In consideration of the execution or renewal of the dwelling unit identified in the
lease, Owner and Resident agree as follow:
1. Resident, and members of the resident's household or a guest or other person
under the resident's control shall not engage in criminal activity, including drug-
related criminal activity, on or near the said premises. "Drug-related criminal
activity" means the illegal manufacture, sale, distribution, use or possession with
intent to manufacture, sell, distribute, or use of a controlled substance(as defined
in section 102 or the Controlled Substances Act. [21 U.S.C.802]
2. Resident any member of the resident's household or a guest or other persons
under the resident's control shall not engage in any act intended to facilitate
criminal activity, including drug-related criminal activity, on or near the said
premises.
3. Resident or members of the household will not permit the dwelling unit to be
used for or to facilitate criminal activitv, including drug-related criminal
activity, regardless or whether the individual engaging in such activity is a member
of the household, or a guest.
4. Resident or members of the household, will not engage in the manufacture, sale,
or distribution of illegal drugs at any locations, whether on or near the dwelling
unit premises or otherwise.
5. Resident, any member of the resident's household, or a guest or other person
under the resident's control shall not engage in acts of violence or threats of
violence, including but not limited to the unlawful discharge of firearms, on or
near the dwelling unit premises.
6. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIALAND IRREPARABLE VIOLATION
OF THE LEASE ANDGOOD CAUSE FOR TERMINATION OF TENANCY. A single violation of any
of the provisions of this added addendum shall be deemed a serious violation and a
material and irreparable non-compliance with the lease. It is understood and agreed
that a single violation shall be good cause for termination of the lease. Unless
otherwise provided by law, proof of violation shall not require criminal conviction,.
but shall be a preponderance of the evidence.
7. In case of conflict between the provisions of this addendum and any other
provisions of the lease, the provisions of the addendum shall govern.
8. This LEASE ADDENDUMis incorporated into the lease executed or renewed this day
between Owner and Resident.
Resident Signature
Date
Housing Authority Signature
Date