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)] (1) The failure to pay rent or any 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 1st of the month. Three such late payments within a 12-month period shall constitute a repeated late payment. [966.4 (1)(2)] Management may refuse to renew this Lease if Tenant is subject to two (2) or more magistrate judgments in a 12-month period; (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 respond to correspondence from Bethlehem Housing Authority within the specified time is cause for lease termination; (6) Failure to supply, in a timely fashion, any certification, release, information, or documentation on Family income or composition needed to process annual re-examinations or interim re- determinations; [966.4 (c)(2)] (7) Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any Development or High Rise site; [966.4 (1) (2)] (8) Criminal activity by ▇▇▇▇▇▇, household member, guest, or other person under ▇▇▇▇▇▇’s 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)] (9) Alcohol abuse that the Authority determines interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents; (10) Weapons or illegal drugs seized in an Authority unit by a law enforcement officer;[966.4 (10(2)] (11) Any fire on Authority premises caused by the Tenant, household members or guests’ actions or neglect; [966.4 (1)(2)] (12) Failure to comply with pest control treatment requirements; (13) Failure to comply with the housekeeping standards established in Section XVI of this Lease; (14) The serious or repeated interference with the rights of Staff or other Tenants; (i.e. Tenants displaying unacceptable, irresponsible, or loud behavior.) Acting and speaking in an abusive or threatening manner, or playing loud music, or playing surround sound equipment. (15) Criminal activity relating to domestic violence, dating violence, or stalking will be reviewed on a case-by-case basis according to ▇▇▇’s Violence Against Women Act Policy. (16) Failure to connect utilities in Head or Co-Head’s name. (17) Failure to sign required documents for the authority. (18) Failure to report subsequent increases in income within 10 days of the occurrences, until the next scheduled re-examination, if a rent decrease was granted and justified at the request of the tenant during the period between regular re-examinations. (19) Failure to transfer into dwelling unit made available by the authority, or failure to return old unit keys within three days. (20) Failure to notify the authority in writing when overnight guests would stay in the unit for more than three days. (21) Failure to ensure that no former resident who has been evicted or owes a balance to the authority would not stay or reside in the tenant’s dwelling unit. (22) Anyone knowingly allowing or harboring any person on the BHA banned list. (23) Guests who represent the public housing unit address as their residence address or address of record for receipt of benefits or any other purposes will be considered unauthorized occupants. In addition, guests who remain in the unit beyond the allowable time limit will be considered to be unauthorized occupants, and their presence constitutes a violation of the lease. (24) Give false statements verbally or in writing. (25) Failure to ensure that all adults (18 and older), guests or addition to household goes through a criminal background/sex offender process. (26) Failure to notify the authority of tenant leaving dwelling unit unoccupied for any period exceeding one calendar week. (27) Failure to dispose garbage, recycling and other waste from the dwelling unit in a sanitary and safe manner. In addition, or to failure to place garbage and recycling containers at curbside. (28) Illegally dumping large items or trash on BHA property. (29) Unauthorized care repair, car washing, swimming pools, waterbed, sprinklers or hoses. (30) Disturbing the peaceful enjoyment of other residents. (31) Unauthorized alterations, repairs, redecorations to the interior or exterior of the dwelling unit, equipment, or appliances. In addition, unauthorized wall paper, boarders, contact paper, stenciling, sponge art or color paints other than the color linen. (32) Violation of No Smoking policy. (33) Violation of VAWA. (34) Violation of Pet policy, Assistance Animal policy or Service Animal policy. (35) Unauthorized parking as stated on the lease. (36) Unauthorized motorbikes or motorcycles stored on authority’s property, including patios and sheds. (37) Unauthorized fences, flower beds, outdoor solar or electric lights and basketball hoops. (38) Unauthorized feeding of rodents, birds, and any outside animals. (39) Failure to remove vehicles without valid registration or inspection stickers, including inoperable vehicles. (40) Unauthorized vegetable garden on authority property. (41) Failure to notify the authority promptly of known need for repairs to the dwelling unit. (42) Tampering with smoke detector or electrical wiring. (43) Hazardous conditions in dwelling unit or common grounds caused by tenant, family member or guest. (44) Blocking of both bedroom windows. (45) Failure to permit entry to tenants dwelling unit during reasonable hours. (46) Failure to comply with community service requirements. (47) Repeated or excessive damages to the unit beyond normal wear and tear will be considered a serious or repeated violation of the lease. (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 (3) days, considering the seriousness of the situation when the health or safety of other tenants or Authority staff is threatened; (4) 30 days in any other case. [966.4 (1)(3)(I)(A),(B)&(C)] (c) The notice of termination: (1) The notice of termination to Tenant shall state specific reasons for the termination, shall inform ▇▇▇▇▇▇ 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)] The Notice to Vacate must be in writing 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 attorney’s fees. (4) 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 or 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 procedure, the notice of lease termination shall (a) state that Tenant is not entitled to a grievance hearing on the termination; (b) 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
Appears in 1 contract
Sources: Residential Lease Agreement
Termination of the Lease. In terminating the Lease, the following procedures shall be followed by the Authority and Tenant:
(aA) 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 lease or to fulfill Tenant TENANT(S) obligations set forth in Section IX above15, or for other good cause. [966.4 .
(1)(2)]B) Such serious or repeated violation of terms shall include but not be limited to:
(1) The failure to pay rent or any 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 1st fifth (5th) of the month. Three Four (4) such late payments within a twelve (12-) month period shall constitute a repeated late payment. [966.4 (1)(2)] Management may refuse to renew this Lease if Tenant is subject to two (2) or more magistrate judgments in a 12-month period;
(3) Failure to pay utility bills when Tenant TENANT(S) is responsible for paying such bills directly to the supplier of utilities; [966.4
(1) (2)];
(4) Misrepresentation of family income, assets, or family composition; [966.4 (c)(2)];
(5) Failure to respond to correspondence from Bethlehem Housing Authority within the specified time is cause for lease termination;
(6) Failure to supply, in a timely fashion, any certification, release, information, or documentation on Family family income or composition needed to process annual reexaminations or interim re-examinations or interim re- determinations; [966.4 (c)(2)];
(76) Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any Development or High Rise complex site; [966.4;
(17) (2)]
(8) Criminal activity by ▇▇▇▇▇▇TENANT(S), household member, guest, or other person under ▇▇▇▇▇▇’s TENANT(S)’S control, including criminal activity that threatens the health, safety safety, or right to peaceful enjoyment of the Authority’s public housing AUTHORITY’S premises by other residents or employees, or any drug-related criminal activity on or off the premises; [966.4 (1)(2)];
(9) 8) Alcohol abuse that the Authority AUTHORITY determines interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents;
(109) Weapons or illegal drugs seized in an Authority AUTHORITY unit by a law enforcement officer;[966.4 (10(2)]officer; and/or
(1110) Any fire on Authority AUTHORITY premises caused by the TenantTENANT(S), household members members, or guests’ actions or neglect; [966.4 (1)(2)]
(12) Failure to comply with pest control treatment requirements;
(13) Failure to comply with the housekeeping standards established in Section XVI of this Lease;
(14) The serious or repeated interference with the rights of Staff or other Tenants; (i.e. Tenants displaying unacceptable, irresponsible, or loud behavior.) Acting and speaking in an abusive or threatening manner, or playing loud music, or playing surround sound equipment.
(15) Criminal activity relating to domestic violence, dating violence, or stalking will be reviewed on a case-by-case basis according to ▇▇▇’s Violence Against Women Act Policy.
(16) Failure to connect utilities in Head or Co-Head’s name.
(17) Failure to sign required documents for the authority.
(18) Failure to report subsequent increases in income within 10 days of the occurrences, until the next scheduled re-examination, if a rent decrease was granted and justified at the request of the tenant during the period between regular re-examinations.
(19) Failure to transfer into dwelling unit made available by the authority, or failure to return old unit keys within three days.
(20) Failure to notify the authority in writing when overnight guests would stay in the unit for more than three days.
(21) Failure to ensure that no former resident who has been evicted or owes a balance to the authority would not stay or reside in the tenant’s dwelling unit.
(22) Anyone knowingly allowing or harboring any person on the BHA banned list.
(23) Guests who represent the public housing unit address as their residence address or address of record for receipt of benefits or any other purposes will be considered unauthorized occupants. In addition, guests who remain in the unit beyond the allowable time limit will be considered to be unauthorized occupants, and their presence constitutes a violation of the lease.
(24) Give false statements verbally or in writing.
(25) Failure to ensure that all adults (18 and older), guests or addition to household goes through a criminal background/sex offender process.
(26) Failure to notify the authority of tenant leaving dwelling unit unoccupied for any period exceeding one calendar week.
(27) Failure to dispose garbage, recycling and other waste from the dwelling unit in a sanitary and safe manner. In addition, or to failure to place garbage and recycling containers at curbside.
(28) Illegally dumping large items or trash on BHA property.
(29) Unauthorized care repair, car washing, swimming pools, waterbed, sprinklers or hoses.
(30) Disturbing the peaceful enjoyment of other residents.
(31) Unauthorized alterations, repairs, redecorations to the interior or exterior of the dwelling unit, equipment, or appliances. In addition, unauthorized wall paper, boarders, contact paper, stenciling, sponge art or color paints other than the color linen.
(32) Violation of No Smoking policy.
(33) Violation of VAWA.
(34) Violation of Pet policy, Assistance Animal policy or Service Animal policy.
(35) Unauthorized parking as stated on the lease.
(36) Unauthorized motorbikes or motorcycles stored on authority’s property, including patios and sheds.
(37) Unauthorized fences, flower beds, outdoor solar or electric lights and basketball hoops.
(38) Unauthorized feeding of rodents, birds, and any outside animals.
(39) Failure to remove vehicles without valid registration or inspection stickers, including inoperable vehicles.
(40) Unauthorized vegetable garden on authority property.
(41) Failure to notify the authority promptly of known need for repairs to the dwelling unit.
(42) Tampering with smoke detector or electrical wiring.
(43) Hazardous conditions in dwelling unit or common grounds caused by tenant, family member or guest.
(44) Blocking of both bedroom windows.
(45) Failure to permit entry to tenants dwelling unit during reasonable hours.
(46) Failure to comply with community service requirements.
(47) Repeated or excessive damages to the unit beyond normal wear and tear will be considered a serious or repeated violation of the lease.
(bC) The Authority AUTHORITY shall give written notice of the proposed termination of the Lease of:
(1) 14 Fourteen (14) days in the case of failure to pay rent;
(2) A reasonable time, but not to exceed 30
Three (3) days, considering the seriousness of the situation days when the health or safety of other tenants residents or Authority staff employees is threatened;
(3) Three (3) days for violation of Section 15 (M)(2)of this lease concerning substance abuse and criminal activity; and
(4) 30 Thirty (30) days in any other case. [966.4 case (1)(3)(I)(A),(B)&(Cduring the first year of tenancy)]; Sixth (60) days in all other cases.
(cD) The notice Notice of termination:
(1) The notice of termination to Tenant Termination shall state specific reasons for the termination, shall inform ▇▇▇▇▇▇ TENANT(S) of his/her right to make such reply as he/she may wish, and of Tenant’s TENANT(S)’S right to examine Authority AUTHORITY documents directly relevant to the termination or eviction. [966.4 (1)(3)(ii)].
(2E) When the Authority AUTHORITY is required to offer Tenant TENANT(S) the opportunity for a grievance hearing, the notice shall also inform Tenant TENANT(S) of the right to request such a hearing in accordance with the Authority’s AUTHORITY’S grievance procedures. [966.4 (1)(3)(ii).
(3F) Any notice to vacate (or quit) which is required by State or local law may be combined with, or run concurrently, with the notice Notice of lease termination Lease Termination under this section. [966.4 .
(1)(3)(iii)] G) The Notice to Vacate must be in writing writing, and specify that if Tenant TENANT(S) fails to quit the premises within the applicable statutory period, appropriate action will be brought against TenantTENANT(S), and Tenant TENANT(S) may be required to pay the costs of court and attorney’s 's fees.
(4H) When the Authority AUTHORITY is required to offer Tenant TENANT(S) the opportunity for a grievance hearing under the Authority’s AUTHORITY’S grievance procedure for a grievance concerning the lease termination, the tenancy shall not terminate (even if any Notice to Vacate under State or 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)].
(5I) When the Authority AUTHORITY is not required to offer Tenant TENANT(S) the opportunity for a hearing under the grievance procedure and the Authority AUTHORITY has decided to exclude such grievance from Authority AUTHORITY grievance procedure, the notice of lease termination shall shall:
(a1) state State that Tenant TENANT(S) is not entitled to a grievance hearing on the termination; ;
(b2) specify Specify the judicial eviction procedure to be used by the Authority 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
(3) State whether the eviction is for a criminal activity that threatens health or safety of residents or staff or for drug-related criminal activity.
(J) The AUTHORITY may evict a TENANT(S) from the unit by bringing a court action.
(K) TENANT(S) may terminate this Lease at any time by giving thirty (30) days written notice as described in Section 23.
(L) 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 or visit in the unit.
(M) When the AUTHORITY evicts a TENANT(S) 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.
(N) Upon TENANT(S) vacating the unit, all keys to the unit must be turned in to the AUTHORITY withinn five (5) days. Failure to return the keys within the time limit will result in the TENANT being charged with having the unit locks re-keyed.
Appears in 1 contract
Sources: Residential Lease Agreement
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 I of the Lease, such as failure to make payments due under the Lease 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 any other charges/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 1st 5th calendar day of the month.
3. Three such late payments within a 12-month period shall constitute a repeated late payment. [966.4 (1)(2)] Management may refuse to renew this Lease if Tenant is subject to two (2) or more magistrate judgments in a 12-month period;
(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 respond to correspondence from Bethlehem Housing Authority within the specified time is cause for lease termination;
(4. Discovery after admission of facts that made the Tenant ineligible;
5. Discovery of material false statements or fraud by the Tenant in connection with an application for assistance or with re-examination of income or family composition;
6) . Failure to supply, in a timely fashion, any certification, release, information, information or documentation on Family family income or composition needed to process annual re-re- examinations or interim re- determinations; [966.4 (c)(2)]re-determination
(7) . Refusal to accept and execute an amendment, lease revision or written rider to the lease after the Authority provides at least 30 days notice of the proposed effect of the amendment, lease revision or written rider and provides the Tenant a reasonable time to respond to the offer to accept and execute the amendment, lease revision or written rider;
8. Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any Development community site;
9. Criminal or High Rise site; [966.4
(1) (2)]
(8) Criminal other activity by ▇▇▇▇▇▇a member of the household that threatens the health or safety of other public housing residents or of person residing in the immediate vicinity of the premises;
10. Any activity by a member of the household that threatens the health or safety of PHA management staff, household member, guestother resident or employees, or other person under ▇▇▇▇▇▇’s controlany drug related criminal activity on or off the premises;
11. If any resident, member of the household or guest has engaged in any drug related criminal activity on or off the premises, including criminal activity cases where:
i) A resident, member of household or guest has engage in drug trafficking; or
ii) a resident, member of household or guest has engaged in illegal drug use (including cases where the Authority determines that threatens illegal drug use or a pattern of illegal drug use by a household member may threaten 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)]
(9) Alcohol abuse that the Authority determines interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents);
(1012. If any person under the resident’s control has engaged in drug trafficking or illegal drug use on the premises;
13. If a member of the household is:
i) Fleeing to avoid prosecution, or custody or confinement after conviction, for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees; or
ii) Violating a condition of probation or parole imposed under Federal or State law.
14. Weapons or illegal drugs seized in an Authority unit by a law enforcement officer;[966.4 (10(2)]officer;
(11) 15. Any fire on Authority premises caused by the Tenant, household members or guests’ actions or ; neglect; [966.4 (1)(2)]
(12) Failure to comply with pest control treatment requirements;
(13) Failure to comply with 16. Continued compliance of the housekeeping standards established in Section XVI community service requirement, on the part of this Lease;
(14) The serious or repeated interference with the rights of Staff or other Tenants; (i.e. Tenants displaying unacceptable, irresponsible, or loud behavior.) Acting and speaking in an abusive or threatening manner, or playing loud music, or playing surround sound equipmentany non-exempt adult resident.
(15i) Criminal activity relating to domestic violence, dating violence, or stalking Continued non-compliance is defined as the 12 month period after the head of household and noncompliant non-exempt adult shall cure the noncompliance by making up the community service hours in the subsequent 12 months
ii) This continued non-compliance will be reviewed on a case-by-case basis according to ▇▇▇’s Violence Against Women Act Policy.
(16) Failure to connect utilities result in Head or Co-Head’s name.
(17) Failure to sign required documents for the authority.
(18) Failure to report subsequent increases in income within 10 days eviction of the occurrencesentire family, until unless the next scheduled renon-examination, if a rent decrease was granted and justified at the request compliant family member is no longer part of the tenant during the period between regular re-examinations.household
17. The third incident (19) Failure to transfer into dwelling unit made available by the authority, or failure to return old unit keys within three days.
(20) Failure to notify the authority in writing when overnight guests would stay in the unit for more than three days.
(21) Failure to ensure that no former resident who has been evicted or owes a balance to the authority would not stay or reside in the tenant’s dwelling unit.
(22) Anyone knowingly allowing or harboring any person on the BHA banned list.
(23) Guests who represent the public housing unit address as their residence address or address of record for receipt of benefits or any other purposes will be considered unauthorized occupants. In addition, guests who remain in the unit beyond the allowable time limit will be considered to be unauthorized occupants, and their presence constitutes a violation of the lease.
(24) Give false statements verbally or in writing.
(25) Failure to ensure that all adults (18 and older), guests or addition to household goes through a criminal background/sex offender process.
(26) Failure to notify the authority of tenant leaving dwelling unit unoccupied for any period exceeding one calendar week.
(27) Failure to dispose garbage, recycling and other waste from the dwelling unit in a sanitary and safe manner. In addition, one year period) of disconnecting the batteries in or to failure to place garbage and recycling containers at curbside.
(28) Illegally dumping large items or trash on BHA property.
(29) Unauthorized care repair, car washing, swimming pools, waterbed, sprinklers or hoses.
(30) Disturbing the peaceful enjoyment of other residents.
(31) Unauthorized alterations, repairs, redecorations to the interior or exterior of the dwelling unit, equipment, or appliances. In addition, unauthorized wall paper, boarders, contact paper, stenciling, sponge art or color paints other than the color linen.
(32) Violation of No Smoking policy.
(33) Violation of VAWA.
(34) Violation of Pet policy, Assistance Animal policy or Service Animal policy.
(35) Unauthorized parking as stated on the lease.
(36) Unauthorized motorbikes or motorcycles stored on authority’s property, including patios and sheds.
(37) Unauthorized fences, flower beds, outdoor solar or electric lights and basketball hoops.
(38) Unauthorized feeding of rodents, birds, and removing any outside animals.
(39) Failure to remove vehicles without valid registration or inspection stickers, including inoperable vehicles.
(40) Unauthorized vegetable garden on authority property.
(41) Failure to notify the authority promptly of known need for repairs to smoke detector in the dwelling unit.
(42) Tampering with smoke detector or electrical wiring.
(43) Hazardous conditions in dwelling unit or common grounds caused by tenant, family member or guest.
(44) Blocking of both bedroom windows.
(45) Failure to permit entry to tenants dwelling unit during reasonable hours.
(46) Failure to comply with community service requirements.
(47) Repeated or excessive damages to the unit beyond normal wear and tear will be considered a serious or repeated violation of the lease.
(b) The Authority shall give written notice terminate assistance PERMANENTLY for persons convicted 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
(3) days, considering the seriousness of the situation when the health manufacturing or safety of other tenants or Authority staff is threatened;
(4) 30 days in any other case. [966.4 (1)(3)(I)(A),(B)&(C)]
(c) The notice of termination:
(1) The notice of termination to Tenant shall state specific reasons for the termination, shall inform ▇▇▇▇▇▇ 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)] The Notice to Vacate must be in writing 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 attorney’s fees.
(4) 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 or 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 procedure, the notice of lease termination shall (a) state that Tenant is not entitled to a grievance hearing producing methamphetamine on the termination; (b) specify premises. “Premises” is the judicial eviction procedure to be used by building or complex in which the Authority for eviction dwelling unit is located including common areas 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; andgrounds.
Appears in 1 contract
Sources: Residential Lease Agreement
Termination of the Lease. In terminating the Lease, the following procedures shall be followed by the Authority and Tenantthe Resident:
(a) A. This Lease may be terminated by the Authority 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 the Resident obligations set forth in Section IX above, above or for other good cause.
1. [966.4 (1)(2)]
(1) The failure to pay rent or any other payments when due; [966.4, including utility payments when Resident receives an allowance in order to meet this responsibility;
(1) (2)]
(2) . Repeated late payment, which shall be defined as failure to pay the amount of rent or other charges due by 4:30 PM on the 1st seventh (7th) of the month. Three Four such late payments within a in any twelve (12-) month period shall constitute a repeated late payment. [966.4 (1)(2)] Management may refuse to renew this Lease if Tenant is subject to two (2) or more magistrate judgments in a 12-month period;
(3) . Failure to pay utility gas and/or electric bills which result in shut-off or numerous notices of intent to shut off when Tenant the Resident is responsible for paying such bills directly to the supplier of utilities; [966.4allowing termination of utility service to the unit rented under this Lease;
(1) (2)]4. Serious or repeated interference with the rights of staff or other residents as noted in Section IX of this Lease;
(4) 5. Misrepresentation of family income, assets, or composition; [966.4 (c)(2)], or failure to report changes in family income, assets, or composition as required by this Lease;
(5) 6. Failure to respond report to correspondence from Bethlehem Housing Authority within the specified time is cause for lease termination;
(6) Failure re-examination interview or failure to supply, in a timely fashion, any certification, release, information, or documentation on Family family income or composition needed to process annual re-examinations reexaminations or interim re- determinations; [966.4 (c)(2)];
(7) . Failure to comply with LCHA Policies and Procedures made a part of the lease and included in the Admission and Continued Occupancy Policy;
8. Serious or repeated damage to the dwelling unitpremises, creation of physical hazards in the unit, common areas, grounds, or parking areas owned and maintained by the LCHA;
9. Failure to comply with the housekeeping standards established by the Authority in Section XVIII of any Development or High Rise site; [966.4this Lease;
(1) (2)]
(8) Criminal 10. Any activity by ▇▇▇▇▇▇Resident, household member, guest, or other person under ▇▇▇▇▇▇’s Resident's control, including criminal activity that threatens the health, safety or right to peaceful enjoyment of the Authority’s LCHA's public housing premises by other residents or employeesResidents, or any drug-related criminal activity on or off Authority property;
11. Determination that a family member has knowingly permitted an ineligible non- citizen not listed on the premises; [966.4 (1)(2)]lease to permanently reside in their public housing unit;
(9) Alcohol abuse 12. Determination or discovery that a resident is a registered sex offender;
13. A determination by the LCHA that the Authority determines interferes resident or member of the resident's family is illegally using a controlled substance or whose illegal use of a controlled substance or whose abuse of alcohol, has been determined to be interfering with the health, safety, or right to peaceful enjoyment of the premises by other residentsresidents of the development or neighborhood;
(10) Weapons 14. Illegal weapons or illegal drugs seized in an Authority a LCHA unit by a law enforcement officer;[966.4 (10(2)]officer;
(11) 15. Any fire on Authority premises caused by the Tenantcarelessness or unattended cooking, household members or guests’ actions or neglect; [966.4 (1)(2)]
(12) Failure resulting in damage to comply with pest control treatment requirements;
(13) Failure to comply with the housekeeping standards established in Section XVI of this Lease;
(14) The serious or repeated interference with the rights of Staff or other Tenants; (i.e. Tenants displaying unacceptable, irresponsible, or loud behavior.) Acting and speaking in an abusive or threatening manner, or playing loud music, or playing surround sound equipmentLCHA property.
(15) Criminal activity relating to domestic violence, dating violence, or stalking will be reviewed on a case-by-case basis according to ▇▇▇’s Violence Against Women Act Policy16. Discovery after leasing the unit of facts that made the tenant ineligible.
(16) Failure to connect utilities in Head or Co17. Non-Head’s nameacceptance of a revised lease.
(17) Failure to sign required documents for 18. Receipt of three “Disruptive Conduct Reports” from the authorityCity of Lancaster within a twelve-month period.
(18) Failure to report subsequent increases 19. Two fines from the City of Lancaster in income within 10 days of the occurrences, until the next scheduled re-examination, if a rent decrease was granted and justified at the request of the tenant during the twelve month period between regular re-examinations.
(19) Failure to transfer into dwelling unit made available by the authority, or failure to return old unit keys within three days.
(20) Failure to notify the authority in writing when overnight guests would stay in the unit for more than three days.
(21) Failure to ensure that no former resident who has been evicted or owes a balance to the authority would not stay or reside in the tenant’s dwelling unit.
(22) Anyone knowingly allowing or harboring any person on the BHA banned list.
(23) Guests who represent the public housing unit address as their residence address or address of record for receipt of benefits or any other purposes will be considered unauthorized occupants. In addition, guests who remain in the unit beyond the allowable time limit will be considered to be unauthorized occupants, and their presence constitutes a violation of the lease.
(24) Give false statements verbally or in writing.
(25) Failure to ensure that all adults (18 and older), guests or addition to household goes through a criminal background/sex offender process.
(26) Failure to notify the authority of tenant leaving dwelling unit unoccupied for any period exceeding one calendar week.
(27) Failure to dispose garbage, recycling and other waste from the dwelling unit in a sanitary and safe mannerCity Ordinance. In addition, or to failure to place garbage and recycling containers at curbside.
(28) Illegally dumping large items or trash on BHA property.
(29) Unauthorized care repair, car washing, swimming pools, waterbed, sprinklers or hoses.
(30) Disturbing the peaceful enjoyment of other residents.
(31) Unauthorized alterations, repairs, redecorations to the interior or exterior of the dwelling unit, equipment, or appliances. In addition, unauthorized wall paper, boarders, contact paper, stenciling, sponge art or color paints other than the color linen.
(32) Violation of No Smoking policy.
(33) Violation of VAWA.
(34) Violation of Pet policy, Assistance Animal policy or Service Animal policy.
(35) Unauthorized parking as stated on the lease.
(36) Unauthorized motorbikes or motorcycles stored on authority’s property, including patios and sheds.
(37) Unauthorized fences, flower beds, outdoor solar or electric lights and basketball hoops.
(38) Unauthorized feeding of rodents, birds, and any outside animals.
(39) Failure to remove vehicles without valid registration or inspection stickers, including inoperable vehicles.
(40) Unauthorized vegetable garden on authority property.
(41) Failure to notify the authority promptly of known need for repairs to the dwelling unit.
(42) Tampering with smoke detector or electrical wiring.
(43) Hazardous conditions in dwelling unit or common grounds caused by tenant, family member or guest.
(44) Blocking of both bedroom windows.
(45) Failure to permit entry to tenants dwelling unit during reasonable hours.
(46) Failure to comply with community service requirements.
(47) Repeated or excessive damages to the unit beyond normal wear and tear will be considered a serious or repeated violation of the lease.
(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 timeThese include, but are not to exceed 30
(3) dayslimited to, considering the seriousness of the situation when the health or safety of other tenants or Authority staff is threatened;
(4) 30 days in any other case. [966.4 (1)(3)(I)(A),(B)&(C)]
(c) The notice of termination:
(1) The notice of termination to Tenant shall state specific reasons for the terminationtrash, shall inform ▇▇▇▇▇▇ of his/her right to make such reply as he/she may wish, snow removal 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)] The Notice to Vacate must be in writing uncut grass 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 attorney’s feesweeds.
(4) 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 or 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 procedure, the notice of lease termination shall (a) state that Tenant is not entitled to a grievance hearing on the termination; (b) 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
Appears in 1 contract
Sources: Residential Lease Agreement
Termination of the Lease. In terminating the Lease, the following procedures shall be followed by the Authority MHA 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 lease or to fulfill Tenant obligations set forth in Section IX section VIII above, or for other good cause. [966.4 .
(1)(2)]a) Such serious or repeated violation of terms shall include but not be limited to:
(1) The failure to pay rent or any 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 1st fifth business day of the each month. Three Four such late payments within a 12-month period shall constitute a repeated late payment. [966.4 (1)(2)] Management may refuse to renew this Lease if Tenant is subject to two (2) or more magistrate judgments in a 12-month period;
(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 respond to correspondence from Bethlehem Housing Authority within the specified time is cause for lease termination;
(6) Failure to supply, in a timely fashion, any certification, release, information, or documentation on Family income or composition needed to process annual re-examinations reexaminations or interim re- determinations; [966.4 (c)(2)]redeterminations.
(76) Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any Development or High Rise project site; [966.4;
(17) (2)]
(8) Criminal activity by ▇▇▇▇▇▇, household member, guest, or other person under ▇▇▇▇▇▇’s 's control, including criminal activity that threatens the health, safety or right to peaceful enjoyment of the Authority’s MHA's public housing premises by other residents or employees, or any drug-related criminal activity on or off the premises; [966.4 (1)(2)].
(9) 8) Alcohol abuse that the Authority MHA determines interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents;.
(109) Weapons or illegal drugs seized in an Authority unit by a law enforcement officer;[966.4 (10(2)]officer;
(11b) Any fire on Authority premises caused by the Tenanttenant, household members or guests’ actions or neglect; [966.4 (1)(2)]
(12) Failure to comply with pest control treatment requirements;
(13) Failure to comply with the housekeeping standards established in Section XVI of this Lease;
(14) The serious or repeated interference with the rights of Staff or other Tenants; (i.e. Tenants displaying unacceptable, irresponsible, or loud behavior.) Acting and speaking in an abusive or threatening manner, or playing loud music, or playing surround sound equipment.
(15c) Criminal activity relating to domestic violence, dating violence, or stalking will be reviewed on a case-by-case basis according to ▇▇▇’s Violence Against Women Act Policy.
(16) Failure to connect utilities in Head or Co-Head’s name.
(17) Failure to sign required documents for the authority.
(18) Failure to report subsequent increases in income within 10 days of the occurrences, until the next scheduled re-examination, if a rent decrease was granted and justified at the request of the tenant during the period between regular re-examinations.
(19) Failure to transfer into dwelling unit made available by the authority, or failure to return old unit keys within three days.
(20) Failure to notify the authority in writing when overnight guests would stay in the unit for more than three days.
(21) Failure to ensure that no former resident who has been evicted or owes a balance to the authority would not stay or reside in the tenant’s dwelling unit.
(22) Anyone knowingly allowing or harboring any person on the BHA banned list.
(23) Guests who represent the public housing unit address as their residence address or address of record for receipt of benefits or any other purposes will be considered unauthorized occupants. In addition, guests who remain in the unit beyond the allowable time limit will be considered to be unauthorized occupants, and their presence constitutes a violation of the lease.
(24) Give false statements verbally or in writing.
(25) Failure to ensure that all adults (18 and older), guests or addition to household goes through a criminal background/sex offender process.
(26) Failure to notify the authority of tenant leaving dwelling unit unoccupied for any period exceeding one calendar week.
(27) Failure to dispose garbage, recycling and other waste from the dwelling unit in a sanitary and safe manner. In addition, or to failure to place garbage and recycling containers at curbside.
(28) Illegally dumping large items or trash on BHA property.
(29) Unauthorized care repair, car washing, swimming pools, waterbed, sprinklers or hoses.
(30) Disturbing the peaceful enjoyment of other residents.
(31) Unauthorized alterations, repairs, redecorations to the interior or exterior of the dwelling unit, equipment, or appliances. In addition, unauthorized wall paper, boarders, contact paper, stenciling, sponge art or color paints other than the color linen.
(32) Violation of No Smoking policy.
(33) Violation of VAWA.
(34) Violation of Pet policy, Assistance Animal policy or Service Animal policy.
(35) Unauthorized parking as stated on the lease.
(36) Unauthorized motorbikes or motorcycles stored on authority’s property, including patios and sheds.
(37) Unauthorized fences, flower beds, outdoor solar or electric lights and basketball hoops.
(38) Unauthorized feeding of rodents, birds, and any outside animals.
(39) Failure to remove vehicles without valid registration or inspection stickers, including inoperable vehicles.
(40) Unauthorized vegetable garden on authority property.
(41) Failure to notify the authority promptly of known need for repairs to the dwelling unit.
(42) Tampering with smoke detector or electrical wiring.
(43) Hazardous conditions in dwelling unit or common grounds caused by tenant, family member or guest.
(44) Blocking of both bedroom windows.
(45) Failure to permit entry to tenants dwelling unit during reasonable hours.
(46) Failure to comply with community service requirements.
(47) Repeated or excessive damages to the unit beyond normal wear and tear will be considered a serious or repeated violation of the lease.
(b) The Authority MHA 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
(3) 3 days, considering the seriousness of the situation when the health or safety of other tenants or Authority staff is threatened;
(43) 30 days in any other case. [966.4 (1)(3)(I)(A),(B)&(C)].
(cd) The notice of termination:
(1) The notice of termination to Tenant shall state specific reasons for the termination, shall inform ▇▇▇▇▇▇ of his/her right to make such reply as he/she may wish, and of Tenant’s 's right to examine Authority documents directly relevant to the termination or eviction. [966.4 (1)(3)(ii)].
(2) When the Authority MHA 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 MHA'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)] The Notice to Vacate must be in writing 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 attorney’s 's fees.
(43) When the Authority MHA is required to offer Tenant the opportunity for a grievance hearing under the Authority’s MHA's grievance procedure for a grievance concerning the lease termination, the tenancy shall not terminate (even if any Notice to Vacate under State or 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)].
(54) When the Authority MHA is not required to offer Tenant the opportunity for a hearing under the grievance procedure and the Authority MHA has decided to exclude such grievance from Authority grievance procedure, the notice of lease termination shall (a) state that Tenant is not entitled to a grievance hearing on the termination; (b) specify the judicial eviction procedure to be used by the Authority MHA 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; andand (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.
(5) MHA may evict a Tenant from the unit either by bringing a court action; or as an alternative, MHA may evict by bringing an administrative action if law of the jurisdiction permits eviction by administrative action, after a due process administrative hearing, and without a court determination of the rights and liabilities of the parties. In order to evict without bringing a court action, MHA must afford the Tenant the opportunity for a pre-eviction hearing in accordance with the PHA grievance procedure. The hearing notice will advise persons with disabilities of their rights to request a reasonable accommodation.
(e) Tenant may terminate this Lease at any time by giving 30 days written notice as described in Section XII, above.
(f) In deciding to evict for criminal activity, MHA 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, MHA 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. MHA 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.
(g) When MHA evicts a tenant from a dwelling unit for criminal activity, MHA 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.
Appears in 1 contract
Sources: Residential Lease Agreement
Termination of the Lease. In terminating the Lease, the following procedures shall be followed by the Authority MHA 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 lease or to fulfill Tenant obligations set forth in Section IX section VIII above, or for other good cause. [966.4 .
(1)(2)]a) Such serious or repeated violation of terms shall include but not be limited to:
(1) The failure to pay rent or any 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 1st fifth business day of the each month. Three Four such late payments within a 12-month period shall constitute a repeated late payment. [966.4 (1)(2)] Management may refuse to renew this Lease if Tenant is subject to two (2) or more magistrate judgments in a 12-month period;
(3) Failure to pay utility bills when Tenant is responsible for paying such bills directly to the supplier of utilities; [966.4
(1) (2)]. If utilities are disconnected due to nonpayment, the resident has 24 hours to restore services;
(4) Misrepresentation of family income, assets, or composition; [966.4 (c)(2)];
(5) Failure to respond to correspondence from Bethlehem Housing Authority within the specified time is cause for lease termination;
(6) Failure to supply, in a timely fashion, any certification, release, information, or documentation on Family income or composition needed to process annual re-examinations reexaminations or interim re- determinations; [966.4 (c)(2)]redeterminations.
(76) Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any Development or High Rise project site; [966.4;
(17) (2)]
(8) Criminal activity by ▇▇▇▇▇▇, household member, guest, or other person under ▇▇▇▇▇▇’s 's control, including criminal activity that threatens the health, safety or right to peaceful enjoyment of the Authority’s MHA's public housing premises by other residents or employees, or any drug-related criminal activity on or off the premises; [966.4 (1)(2)].
(9) 8) Alcohol abuse that the Authority MHA determines interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents;.
(109) Weapons or illegal drugs seized in an Authority unit by a law enforcement officer;[966.4 (10(2)]officer;
(11b) Any fire on Authority premises caused by the Tenanttenant, household members or guests’ actions or neglect; [966.4 (1)(2)]
(12) Failure to comply with pest control treatment requirements;
(13) Failure to comply with the housekeeping standards established in Section XVI of this Lease;
(14) The serious or repeated interference with the rights of Staff or other Tenants; (i.e. Tenants displaying unacceptable, irresponsible, or loud behavior.) Acting and speaking in an abusive or threatening manner, or playing loud music, or playing surround sound equipment.
(15c) Criminal activity relating to domestic violence, dating violence, or stalking will be reviewed on a case-by-case basis according to ▇▇▇’s Violence Against Women Act Policy.
(16) Failure to connect utilities in Head or Co-Head’s name.
(17) Failure to sign required documents for the authority.
(18) Failure to report subsequent increases in income within 10 days of the occurrences, until the next scheduled re-examination, if a rent decrease was granted and justified at the request of the tenant during the period between regular re-examinations.
(19) Failure to transfer into dwelling unit made available by the authority, or failure to return old unit keys within three days.
(20) Failure to notify the authority in writing when overnight guests would stay in the unit for more than three days.
(21) Failure to ensure that no former resident who has been evicted or owes a balance to the authority would not stay or reside in the tenant’s dwelling unit.
(22) Anyone knowingly allowing or harboring any person on the BHA banned list.
(23) Guests who represent the public housing unit address as their residence address or address of record for receipt of benefits or any other purposes will be considered unauthorized occupants. In addition, guests who remain in the unit beyond the allowable time limit will be considered to be unauthorized occupants, and their presence constitutes a violation of the lease.
(24) Give false statements verbally or in writing.
(25) Failure to ensure that all adults (18 and older), guests or addition to household goes through a criminal background/sex offender process.
(26) Failure to notify the authority of tenant leaving dwelling unit unoccupied for any period exceeding one calendar week.
(27) Failure to dispose garbage, recycling and other waste from the dwelling unit in a sanitary and safe manner. In addition, or to failure to place garbage and recycling containers at curbside.
(28) Illegally dumping large items or trash on BHA property.
(29) Unauthorized care repair, car washing, swimming pools, waterbed, sprinklers or hoses.
(30) Disturbing the peaceful enjoyment of other residents.
(31) Unauthorized alterations, repairs, redecorations to the interior or exterior of the dwelling unit, equipment, or appliances. In addition, unauthorized wall paper, boarders, contact paper, stenciling, sponge art or color paints other than the color linen.
(32) Violation of No Smoking policy.
(33) Violation of VAWA.
(34) Violation of Pet policy, Assistance Animal policy or Service Animal policy.
(35) Unauthorized parking as stated on the lease.
(36) Unauthorized motorbikes or motorcycles stored on authority’s property, including patios and sheds.
(37) Unauthorized fences, flower beds, outdoor solar or electric lights and basketball hoops.
(38) Unauthorized feeding of rodents, birds, and any outside animals.
(39) Failure to remove vehicles without valid registration or inspection stickers, including inoperable vehicles.
(40) Unauthorized vegetable garden on authority property.
(41) Failure to notify the authority promptly of known need for repairs to the dwelling unit.
(42) Tampering with smoke detector or electrical wiring.
(43) Hazardous conditions in dwelling unit or common grounds caused by tenant, family member or guest.
(44) Blocking of both bedroom windows.
(45) Failure to permit entry to tenants dwelling unit during reasonable hours.
(46) Failure to comply with community service requirements.
(47) Repeated or excessive damages to the unit beyond normal wear and tear will be considered a serious or repeated violation of the lease.
(b) The Authority MHA 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
(3) 3 days, considering the seriousness of the situation when the health or safety of other tenants or Authority staff is threatened;
(43) 30 days in any other case. [966.4 (1)(3)(I)(A),(B)&(C)].
(cd) The notice of termination:
(1) The notice of termination to Tenant shall state specific reasons for the termination, shall inform ▇▇▇▇▇▇ of his/her right to make such reply as he/she may wish, and of Tenant’s 's right to examine Authority documents directly relevant to the termination or eviction. [966.4 (1)(3)(ii)].
(2) When the Authority MHA 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 MHA'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)] The Notice to Vacate must be in writing 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 attorney’s 's fees.
(43) When the Authority MHA is required to offer Tenant the opportunity for a grievance hearing under the Authority’s MHA's grievance procedure for a grievance concerning the lease termination, the tenancy shall not terminate (even if any Notice to Vacate under State or 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)].
(54) When the Authority MHA is not required to offer Tenant the opportunity for a hearing under the grievance procedure and the Authority MHA has decided to exclude such grievance from Authority grievance procedure, the notice of lease termination shall (a) state that Tenant is not entitled to a grievance hearing on the termination; (b) specify the judicial eviction procedure to be used by the Authority MHA 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; andand (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.
(5) MHA may evict a Tenant from the unit either by bringing a court action; or as an alternative, MHA may evict by bringing an administrative action if law of the jurisdiction permits eviction by administrative action, after a due process administrative hearing, and without a court determination of the rights and liabilities of the parties. In order to evict without bringing a court action, MHA must afford the Tenant the opportunity for a pre-eviction hearing in accordance with the PHA grievance procedure. The hearing notice will advise persons with disabilities of their rights to request a reasonable accommodation.
(e) Tenant may terminate this Lease at any time by giving 30 days written notice as described in Section XII, above.
(f) In deciding to evict for criminal activity, MHA 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, MHA 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. MHA 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.
(g) When MHA evicts a tenant from a dwelling unit for criminal activity, MHA 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.
Appears in 1 contract
Sources: Residential Lease Agreement
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 outlined in Section IX above, or for other good cause. [966.4 (1)(2)]
(1) The failure to pay rent or any 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 1st of the month. Three such late payments within a 12-month period 12 months shall constitute a repeated late payment. [966.4 (1)(2)] Management may refuse to renew this Lease if the Tenant is subject to two (2) or more magistrate judgments in a 12-month period12 months;
(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 respond to correspondence from Bethlehem Housing Authority within the specified time is cause for lease termination;
(6) Failure to supply, in a timely fashion, any certification, release, information, or documentation on Family income or composition needed to process annual re-examinations or interim re- determinations; [966.4 (c)(2)]
(7) Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any Development or High Rise site; [966.4
(1) (2)]
(8) Criminal activity by ▇▇▇▇▇▇, household member, guest, or other person under ▇▇▇▇▇▇’s control, including criminal activity that threatens the health, safety 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)]
(9) Alcohol abuse that the Authority determines interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents;
(10) Weapons or illegal drugs seized in an Authority unit by a law enforcement officer;[966.4 (10(2)]
(11) Any fire on Authority premises caused by the Tenant, household members members, or guests’ actions or neglect; [966.4 (1)(2)]
(12) Failure to comply with pest control treatment requirements;
(13) Failure to comply with the housekeeping standards established in Section XVI of this Lease;
(14) The serious or repeated interference with the rights of Staff or other Tenants; (i.e. Tenants displaying unacceptable, irresponsible, or loud behavior.) Acting and speaking in an abusive or threatening manner, or playing loud music, or playing surround sound equipment.
(15) Criminal activity relating to domestic violence, dating violence, or stalking will be reviewed on a case-by-case basis according to ▇▇▇’s Violence Against Women Act Policy.
(16) Failure to connect utilities in the Head or Co-Head’s name.
(17) Failure to sign required documents for the authority.
(18) Failure to report subsequent increases in income within 10 calendar days of the occurrences, until the next scheduled re-examination, if a rent decrease was granted and justified at the request of the tenant during the period between regular re-examinations.
(19) Failure to transfer into dwelling unit made available by the authority, or failure to return old unit keys within three calendar days.
(20) Failure to notify the authority in writing when overnight guests would stay in the unit for more than three calendar days.
(21) Failure to ensure that no former resident who has been evicted or owes a balance to the authority would not stay or reside in the tenant’s dwelling unit.
(22) Anyone knowingly allowing or harboring any person on the BHA banned list.
(23) Guests who represent utilize the public housing unit address as their residence address or address of record for receipt any type of benefits or any other purposes will be considered unauthorized occupants. In addition, guests who remain in the unit beyond the allowable time limit will be considered to be unauthorized occupants, and their presence constitutes a violation of the lease.
(24) Give false statements verbally or in writing.
(25) Failure to ensure that all adults (18 and older), guests guests, or addition additions to the household goes go through a criminal background/sex offender process.
(26) Failure to notify the authority of the tenant leaving the dwelling unit unoccupied for any period exceeding one calendar week.
(27) Failure to dispose of garbage, recycling recycling, and other waste from the dwelling unit in a sanitary and safe manner. In addition, or to The failure to place garbage and recycling containers at curbsidecurbside on designated calendar days.
(28) Illegally Illegal dumping of large items or trash on BHA property.
(29) Unauthorized care car repair, car washing, swimming pools, waterbedwaterbeds, sprinklers sprinklers, or hoses.
(30) Disturbing the peaceful enjoyment of other residents.
(31) Unauthorized alterations, repairs, or redecorations to the interior or exterior of the dwelling unit, equipment, or appliances. In addition, unauthorized wall paperwallpaper, boarders, border contact paper, stenciling, sponge art art, or color paints paint other than the color linen.
(32) Violation of the No Smoking policy.
(33) Violation of VAWA.
(34) Violation of Pet policy, Assistance Animal policy policy, or Service Animal policy.
(35) Unauthorized parking as stated on in the lease.
(36) Unauthorized motorbikes /motorcycles or motorcycles ATVs stored on the authority’s property, including patios and sheds.
(37) Unauthorized fences, flower beds, outdoor solar or electric lights lights, and basketball hoops.
(38) Unauthorized feeding of rodents, birds, and or any outside animals.
(39) Failure to remove vehicles without valid registration or inspection stickers, including inoperable vehicles.
(40) Unauthorized vegetable garden on authority property.
(41) Failure to notify the authority promptly of the known need for repairs to the dwelling unit.
(42) Tampering with a smoke detector or electrical wiringwiring or blocking an electrical panel box.
(43) Hazardous conditions in the dwelling unit or common grounds caused by the tenant, family member member, or guest.
(44) Blocking of both bedroom windowswindows with an air conditioner or furniture.
(45) Failure to permit entry to tenants dwelling unit during reasonable hours.
(46) Failure to comply with community service requirements.
(47) Repeated or excessive damages damage to the unit beyond normal wear and tear will be considered a serious or repeated violation of the lease.
(48) Families cannot receive public housing benefits if they have over $100,000 in total assets or ownership in real property where the family could live. A family cannot receive benefits if they own real property that is suitable for occupancy by the family as a residence and for which they have a present ownership interest, a legal right to reside in, and the effective legal authority to sell based on local laws where the property is located, and do not meet the exceptions established by ▇▇▇▇▇.
(49) Upon receiving written notice of a banned individual from the PHA, the resident and/or household members shall not permit a banned individual on the housing development premises and residence.
(50) Failure to comply with the guest stay terms and conditions of the lease.
(b) The Authority shall give written notice of the proposed termination of the Lease of:
(1) 14 15 calendar days from May through September and 30 calendar days from October through March in the case of failure to pay rent;.
(2) A reasonable time, but not to exceed 30
(3) 30 calendar days, considering the seriousness of the situation when the health or safety of other tenants or Authority staff is threatened;.
(43) 30 days in any other case. [966.4 (1)(3)(I)(A),(B)&(C1)(3)(I)(A), (B)&(C)]
(c) The notice of termination:
(1) The notice of termination to Tenant shall state specific reasons for the termination, shall inform ▇▇▇▇▇▇ 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)] The Notice to Vacate must be in writing 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 attorney’s fees.
(4) 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 or 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 procedure, the notice of lease termination shall (a) state that Tenant is not entitled to a grievance hearing on the termination; (b) 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
Appears in 1 contract
Sources: Residential Lease Agreement
Termination of the Lease. In terminating the Lease, the following procedures shall be followed by the Authority PHA 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 lease or to fulfill Tenant obligations set forth in Section IX section XV 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 any 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 1st eighth (8) calendar day of the month. Three such late payments within a twelve (12-) month period shall constitute a repeated late payment. [966.4 (1)(2)] Management may refuse to renew this Lease if Tenant is subject to two (2) or more magistrate judgments in a 12-month period;
(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 respond to correspondence from Bethlehem Housing Authority within the specified time is cause for lease termination;
(6) 5. Failure to supply, in a timely fashion, any certification, release, information, or documentation on Family income or composition needed to process annual re-examinations reexaminations or interim re- determinations; [966.4 (c)(2)]redeterminations.
(7) 6. Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any Development or High Rise project site; [966.4;
(1) (2)]
(8) 7. Criminal activity by ▇▇▇▇▇▇Tenant, household member, guest, or other person under ▇▇▇▇▇▇’s Tenant's control, including criminal activity that threatens the health, safety or right to peaceful enjoyment of the Authority’s PHA's public housing premises by other residents or employeesresidents, or any drug-related criminal activity on or off the premises; [966.4 (1)(2)]activity.
(9) Alcohol abuse that the Authority determines interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents;
(10) Weapons 8. Offensive weapons or illegal drugs seized in an Authority a PHA unit by a law enforcement officer;[966.4 (10(2)]officer;
(11) 9. Any fire on Authority PHA premises caused by the Tenant, household members carelessness or guests’ actions or neglect; [966.4 (1)(2)]
(12) Failure to comply with pest control treatment requirements;
(13) Failure to comply with the housekeeping standards established in Section XVI of this Lease;
(14) The serious or repeated interference with the rights of Staff or other Tenants; (i.e. Tenants displaying unacceptable, irresponsible, or loud behavior.) Acting and speaking in an abusive or threatening manner, or playing loud music, or playing surround sound equipment.
(15) Criminal activity relating to domestic violence, dating violence, or stalking will be reviewed on a case-by-case basis according to ▇▇▇’s Violence Against Women Act Policy.
(16) Failure to connect utilities in Head or Co-Head’s name.
(17) Failure to sign required documents for the authority.
(18) Failure to report subsequent increases in income within 10 days of the occurrences, until the next scheduled re-examination, if a rent decrease was granted and justified at the request of the tenant during the period between regular re-examinations.
(19) Failure to transfer into dwelling unit made available by the authority, or failure to return old unit keys within three days.
(20) Failure to notify the authority in writing when overnight guests would stay in the unit for more than three days.
(21) Failure to ensure that no former resident who has been evicted or owes a balance to the authority would not stay or reside in the tenant’s dwelling unit.
(22) Anyone knowingly allowing or harboring any person on the BHA banned list.
(23) Guests who represent the public housing unit address as their residence address or address of record for receipt of benefits or any other purposes will be considered unauthorized occupants. In addition, guests who remain in the unit beyond the allowable time limit will be considered to be unauthorized occupants, and their presence constitutes a violation of the lease.
(24) Give false statements verbally or in writing.
(25) Failure to ensure that all adults (18 and older), guests or addition to household goes through a criminal background/sex offender process.
(26) Failure to notify the authority of tenant leaving dwelling unit unoccupied for any period exceeding one calendar week.
(27) Failure to dispose garbage, recycling and other waste from the dwelling unit in a sanitary and safe manner. In addition, or to failure to place garbage and recycling containers at curbside.
(28) Illegally dumping large items or trash on BHA property.
(29) Unauthorized care repair, car washing, swimming pools, waterbed, sprinklers or hoses.
(30) Disturbing the peaceful enjoyment of other residents.
(31) Unauthorized alterations, repairs, redecorations to the interior or exterior of the dwelling unit, equipment, or appliances. In addition, unauthorized wall paper, boarders, contact paper, stenciling, sponge art or color paints other than the color linen.
(32) Violation of No Smoking policy.
(33) Violation of VAWA.
(34) Violation of Pet policy, Assistance Animal policy or Service Animal policy.
(35) Unauthorized parking as stated on the lease.
(36) Unauthorized motorbikes or motorcycles stored on authority’s property, including patios and sheds.
(37) Unauthorized fences, flower beds, outdoor solar or electric lights and basketball hoops.
(38) Unauthorized feeding of rodents, birds, and any outside animals.
(39) Failure to remove vehicles without valid registration or inspection stickers, including inoperable vehicles.
(40) Unauthorized vegetable garden on authority property.
(41) Failure to notify the authority promptly of known need for repairs to the dwelling unit.
(42) Tampering with smoke detector or electrical wiring.
(43) Hazardous conditions in dwelling unit or common grounds caused by tenant, family member or guest.
(44) Blocking of both bedroom windows.
(45) Failure to permit entry to tenants dwelling unit during reasonable hours.
(46) Failure to comply with community service requirements.
(47) Repeated or excessive damages to the unit beyond normal wear and tear will be considered a serious or repeated violation of the leaseunattended cooking.
(b) The Authority PHA shall give written notice of the proposed termination of the Lease of:
1. Fourteen (114) 14 days in the case of failure to pay rent;
2. Three (23) days in cases of engaging in criminal activity including drug-related criminal activity.
3. Three (3) days in cases of non-payment of utilities.
4. A reasonable time, but not to exceed 30
(3) thirty days, considering the seriousness of the situation (but not to exceed 30 days) when the health or safety of other tenants or Authority PHA staff is threatened;
(4) 30 days in any other case. [966.4 (1)(3)(I)(A),(B)&(C)]
(c) The notice of termination:
(1) The notice of termination to Tenant shall state specific reasons for the termination, shall inform ▇▇▇▇▇▇ 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)] The Notice to Vacate must be in writing 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 attorney’s fees.
(4) 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 or 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 procedure, the notice of lease termination shall (a) state that Tenant is not entitled to a grievance hearing on the termination; (b) 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
Appears in 1 contract
Sources: Dwelling Lease
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 lease or to fulfill Tenant obligations set forth in Section section IX above, or for other good cause. [966.4 .
(1)(2)]a) This Lease may be terminated only for serious or repeated violations of material terms of the Lease, shall include but not be limited to:
(1) The failure to pay rent or any 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 1st 8th calendar day of the month. Three Two such late payments within a 12-month period shall constitute the resident as a repeated late payment. [966.4 (1)(2)] Management may refuse to renew this Lease if Tenant is subject to two (2) or more magistrate judgments in a 12-month periodchronic delinquent rent payer;
(3) Failure to pay utility bills when Tenant resident is responsible for paying such bills directly to the supplier of utilities; [966.4
(1) (2)];
(4) Misrepresentation of family income, assets, assets or composition; [966.4 (c)(2)];
(5) Failure to respond to correspondence from Bethlehem Housing Authority within the specified time is cause for lease termination;
(6) Failure to supply, in a timely fashion, fashion any certification, release, information, information or documentation on Family family income or composition needed to process annual re-examinations examination or interim re- determinations; [966.4 (c)(2)]interim.
(76) Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any Development or High Rise site; [966.4development;
(17) (2)]
(8) Criminal activity by ▇▇▇▇▇▇resident, household member, guest, or other person under ▇▇▇▇▇▇resident’s control, including criminal activity that threatens the health, safety or right to peaceful enjoyment of the AuthorityESLHA’s public housing premises by other residents or employees, or any drug-related criminal activity on or off the premises; [966.4 (1)(2)];
(9) 8) Alcohol abuse that the Authority ESLHA determines interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents;
(109) Weapons or illegal drugs seized in an Authority ESLHA unit by a law enforcement officer;[966.4 officer and/or ESLHA Public Safety Officers; (10(2▇▇▇▇▇▇ please review)]
(10) Any fire on ESLHA premises caused by carelessness or unattended cooking;
(11) Any fire Possession and/or illegal possession of firearms by household members, guest on Authority premises caused by the Tenant, household members or guests’ actions or neglect; [966.4 (1)(2)]any ESLHA property;
(12) Assignment of the Lease or subletting of the premises or unauthorized person(s) living in the unit;
(13) Two or more violations on Smoke Detector/Carbon Monoxide Detector Maintenance;
(14) Failure to comply with pest control treatment Community Service requirements;
(1315) Failure to cooperate and comply with the housekeeping standards established in Section XVI of this Lease;
(14ESLHA Visitor’s Guidelines and Ban and Bar Policy by resident(s), guest(s), household member(s) The serious or repeated interference with the rights of Staff or other Tenants; (i.e. Tenants displaying unacceptable, irresponsible, or loud behavior.) Acting and speaking in an abusive or threatening manner, or playing loud music, or playing surround sound equipment.
(15) Criminal activity relating to domestic violence, dating violence, or stalking will be reviewed on a case-by-case basis according to ▇▇▇persons under the resident’s Violence Against Women Act Policy.control;
(16) Failure to connect utilities in Head Convicted for drug-related activity for the manufacture, production or Co-Head’s namethe distribution of methamphetamine.
(17) Failure to sign required documents for the authority.
(18) Failure to report subsequent increases in income within 10 days Two or more violations of the occurrences, until the next scheduled re-examination, if a rent decrease was granted and justified at the request of the tenant during the period between regular re-examinations.
(19) Failure to transfer into dwelling unit made available by the authority, or failure to return old unit keys within three days.
(20) Failure to notify the authority in writing when overnight guests would stay in the unit for more than three days.
(21) Failure to ensure that no former resident who has been evicted or owes a balance to the authority would not stay or reside in the tenant’s dwelling unit.
(22) Anyone knowingly allowing or harboring any person on the BHA banned list.
(23) Guests who represent the public housing unit address as their residence address or address of record for receipt of benefits or any other purposes will be considered unauthorized occupants. In addition, guests who remain in the unit beyond the allowable time limit will be considered to be unauthorized occupants, and their presence constitutes a violation of the lease.
(24) Give false statements verbally or in writing.
(25) Failure to ensure that all adults (18 and older), guests or addition to household goes through a criminal background/sex offender process.
(26) Failure to notify the authority of tenant leaving dwelling unit unoccupied for any period exceeding one calendar week.
(27) Failure to dispose garbage, recycling and other waste from the dwelling unit in a sanitary and safe manner. In addition, or to failure to place garbage and recycling containers at curbside.
(28) Illegally dumping large items or trash on BHA property.
(29) Unauthorized care repair, car washing, swimming pools, waterbed, sprinklers or hoses.
(30) Disturbing the peaceful enjoyment of other residents.
(31) Unauthorized alterations, repairs, redecorations to the interior or exterior of the dwelling unit, equipment, or appliances. In addition, unauthorized wall paper, boarders, contact paper, stenciling, sponge art or color paints other than the color linen.
(32) Violation of No Smoking policy.
(33) Violation of VAWA.
(34) Violation of Pet policy, Assistance Animal policy or Service Animal policy.
(35) Unauthorized parking as stated on the lease.
(36) Unauthorized motorbikes or motorcycles stored on authority’s property, including patios and sheds.
(37) Unauthorized fences, flower beds, outdoor solar or electric lights and basketball hoops.
(38) Unauthorized feeding of rodents, birds, and any outside animals.
(39) Failure to remove vehicles without valid registration or inspection stickers, including inoperable vehicles.
(40) Unauthorized vegetable garden on authority property.
(41) Failure to notify the authority promptly of known need for repairs to the dwelling unit.
(42) Tampering with smoke detector or electrical wiring.
(43) Hazardous conditions in dwelling unit or common grounds caused by tenant, family member or guest.
(44) Blocking of both bedroom windows.
(45) Failure to permit entry to tenants dwelling unit during reasonable hours.
(46) Failure to comply with community service requirements.
(47) Repeated or excessive damages to the unit beyond normal wear and tear will be considered a serious or repeated violation of the leasePolicy.
(b) The Authority ESLHA shall give written notice of the proposed termination of the Lease ofthrough one of the following:
(1) 14 days in the case of failure to pay rentDay Notice-Possession Only, Health or Safety Threat;
(2) A reasonable time, but not to exceed 30
(3) days, considering the seriousness of the situation when the health or safety of other tenants or Authority staff is threatened;
(4) 30 days in any other case. [966.4 (1)(3)(I)(A),(B)&(C)]
(c) The notice of termination:
(1) The notice of termination to Tenant shall state specific reasons for the termination, shall inform ▇▇▇▇▇▇ 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)] The Notice to Vacate must be in writing 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 attorney’s fees.
(4) 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 or 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 procedure, the notice of lease termination shall (a) state that Tenant is not entitled to a grievance hearing on the termination; (b) 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
Appears in 1 contract
Sources: Residential Lease Agreement
Termination of the Lease. In terminating the Lease, the following procedures shall be followed by the Housing Authority and Tenant:
(a) This Lease may be terminated prior to its expiration date only for serious or repeated violations of material terms of the Lease, such as failure to make payments due under the Lease 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 any 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 on the 1st designated date will be used in consideration of the month. Three such late payments within a 12-month period shall constitute a repeated late payment. [966.4 (1)(2)] Management may refuse to renew this Lease if Tenant is subject to two (2) or more magistrate judgments in a 12-month period;execution of rent re- payments.
(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 Discovery after admission of family income, assets, or composition; [966.4 (c)(2)]facts that made the tenant ineligible;
(5) Failure to respond to correspondence from Bethlehem Housing Authority within Discovery of material false statements, misrepresentation or fraud by the specified time is cause tenant in connection with an application for lease terminationassistance or with reexamination of income or family composition;
(6) Failure to supply, in a timely fashion, any certification, release, information, or documentation on Family income or composition needed to process annual re-examinations reexaminations or interim re- determinations; [966.4 (c)(2)];
(7) Refusal to accept and execute an amendment, lease revision or written rider to the lease after the Housing Authority provides at least 60 day notice of the proposed effect of the amendment, lease revision or written rider and provides the tenant a reasonable time to respond to the offer to accept and execute the amendment, lease revision or written rider;
(8) Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any Development or High Rise project site; [966.4;
(19) (2)]Criminal or other activity by a member of the household that threatens the health or safety of other public housing tenants, employees of the Housing Authority, contractors or their employees, anyone with permission or of persons residing in the immediate vicinity of the premises; or
(8) Criminal activity by ▇▇▇▇▇▇10) If Tenant, household membermember of the household, guest, guest or any other person under ▇▇▇▇▇▇Tenant’s controlcontrol has engaged in any drug-related criminal activity on or off the premises, including criminal activity cases where:
A. Tenant, member of the household or guest has engaged in drug trafficking; or
B. Tenant, household member or guest has engaged in illegal drug use (including cases where the Housing Authority determines that threatens illegal drug use or a pattern of illegal drug use by a household member may threaten 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)]
(9) Alcohol abuse that the Authority determines interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents);
(1011) Weapons If a member of the household is:
A. Fleeing to avoid prosecution, or illegal custody or confinement after conviction, for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees; or
B. Violating a condition of probation or parole imposed under Federal or State law.
C. Harboring a fugitive.
(12) Illegal weapons or drugs seized in an Housing Authority unit by a law enforcement officer;[966.4 (10(2)]officer;
(1113) Any fire on Housing Authority premises caused by the Tenanttenant, household members or guests’ actions or neglect; [966.4 (1)(2)]
(12) Failure to comply with pest control treatment requirements;
(13) Failure to comply with the housekeeping standards established in Section XVI of this Lease;.
(14) The serious or repeated interference with Continued noncompliance of the rights community service requirement, on the part of Staff or other Tenants; (i.e. Tenants displaying unacceptableany non- exempt adult resident: Continued noncompliance is defined as the 12-month period after the head of household and noncompliant non-exempt adult have signed an agreement that the noncompliant non-exempt adult shall cure the noncompliance by making up the community service hours in the subsequent 12 months. This continued noncompliance will result in eviction of the entire family, irresponsible, or loud behavior.) Acting and speaking in an abusive or threatening manner, or playing loud music, or playing surround sound equipmentunless the noncompliant family member is no longer part of the household.
(15) Criminal activity relating to domestic violence, dating violence, The second incident (in a one-year period) of disconnecting the batteries in or stalking will be reviewed on a case-by-case basis according to ▇▇▇’s Violence Against Women Act Policy.
(16) Failure to connect utilities removing any smoke detector in Head or Co-Head’s name.
(17) Failure to sign required documents for the authority.
(18) Failure to report subsequent increases in income within 10 days of the occurrences, until the next scheduled re-examination, if a rent decrease was granted and justified at the request of the tenant during the period between regular re-examinations.
(19) Failure to transfer into dwelling unit made available by the authority, or failure to return old unit keys within three days.
(20) Failure to notify the authority in writing when overnight guests would stay in the unit for more than three days.
(21) Failure to ensure that no former resident who has been evicted or owes a balance to the authority would not stay or reside in the tenant’s dwelling unit.
(22) Anyone knowingly allowing or harboring any person on the BHA banned list.
(23) Guests who represent the public housing unit address as their residence address or address of record for receipt of benefits or any other purposes will be considered unauthorized occupants. In addition, guests who remain in the unit beyond the allowable time limit will be considered to be unauthorized occupants, and their presence constitutes a violation of the lease.
(24) Give false statements verbally or in writing.
(25) Failure to ensure that all adults (18 and older), guests or addition to household goes through a criminal background/sex offender process.
(26) Failure to notify the authority of tenant leaving dwelling unit unoccupied for any period exceeding one calendar week.
(27) Failure to dispose garbage, recycling and other waste from the dwelling unit in a sanitary and safe manner. In addition, or to failure to place garbage and recycling containers at curbside.
(28) Illegally dumping large items or trash on BHA property.
(29) Unauthorized care repair, car washing, swimming pools, waterbed, sprinklers or hoses.
(30) Disturbing the peaceful enjoyment of other residents.
(31) Unauthorized alterations, repairs, redecorations to the interior or exterior of the dwelling unit, equipment, or appliances. In addition, unauthorized wall paper, boarders, contact paper, stenciling, sponge art or color paints other than the color linen.
(32) Violation of No Smoking policy.
(33) Violation of VAWA.
(34) Violation of Pet policy, Assistance Animal policy or Service Animal policy.
(35) Unauthorized parking as stated on the lease.
(36) Unauthorized motorbikes or motorcycles stored on authority’s property, including patios and sheds.
(37) Unauthorized fences, flower beds, outdoor solar or electric lights and basketball hoops.
(38) Unauthorized feeding of rodents, birds, and any outside animals.
(39) Failure to remove vehicles without valid registration or inspection stickers, including inoperable vehicles.
(40) Unauthorized vegetable garden on authority property.
(41) Failure to notify the authority promptly of known need for repairs to the dwelling unit.
(42) Tampering with smoke detector or electrical wiring.
(43) Hazardous conditions in dwelling unit or common grounds caused by tenant, family member or guest.
(44) Blocking of both bedroom windows.
(45) Failure to permit entry to tenants dwelling unit during reasonable hours.
(46) Failure to comply with community service requirements.
(47) Repeated or excessive damages to the unit beyond normal wear and tear will be considered a serious or repeated violation of the leasedamaging sprinkler system.
(b) The Housing Authority shall give written notice terminate assistance permanently for persons convicted of manufacturing or producing methamphetamine on the proposed termination of premises. "Premises" is the Lease of:
(1) 14 days building or complex in which the dwelling unit is located, including common areas and grounds. Also included in the case of failure to pay rent;
(2) A reasonable time, but not to exceed 30
(3) days, considering the seriousness of the situation when the health or safety of other tenants or Authority staff is threatened;
(4) 30 days in any other case. [966.4 (1)(3)(I)(A),(B)&(C)]
(c) The notice of termination:
(1) The notice of termination to Tenant shall state specific reasons for the termination, shall inform ▇▇▇▇▇▇ of his/her right to make such reply as he/she may wish, and of Tenantpermanent terminated assistance are those placed on a sex offender’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)] The Notice to Vacate must be in writing 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 attorney’s feesregistrar.
(4) 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 or 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 procedure, the notice of lease termination shall (a) state that Tenant is not entitled to a grievance hearing on the termination; (b) 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
Appears in 1 contract
Sources: Residential Lease Agreement
Termination of the Lease. a) In terminating the Lease, the following procedures shall be followed by the Authority BHA 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 lease or to fulfill Tenant obligations set forth in Section IX section X above, or for other good cause. [966.4 (1)(2)]Serious or repeated violation of terms shall include but are not be limited to:
(1) The failure to pay rent or any 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 1st fifth of the month. Three Four (4) such late payments within a twelve (12-) month period shall constitute a repeated late payment. [966.4 (1)(2)] Management may refuse to renew this Lease if Tenant is subject to two (2;
3) or If eviction has been filed through the court more magistrate judgments than once in a twelve (12-) month period, late payments will not be accepted and termination procedures will be enforced;
(34) Failure to pay utility bills when Tenant is responsible for paying such bills directly to the supplier of Excess utilities; [966.4;
(1) (2)]
(45) Misrepresentation of family income, assets, or composition; [966.4 (c)(2)]
(5) Failure to respond to correspondence from Bethlehem Housing Authority within the specified time is cause for lease termination;
(6) Failure to supply, in a timely fashion, any certification, release, information, or documentation on Family income or composition needed to process annual re-examinations reexaminations or interim re- determinations; [966.4 (c)(2)]redeterminations;
(7) Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any Development or High Rise BHA site; [966.4;
(1) (2)]
(8) Criminal activity on or off BHA premises not just on or near the premises, by ▇▇▇▇▇▇, household member, guest, or other person under ▇▇▇▇▇▇’s 's control, including drug related criminal activity, any criminal activity violent in nature, and any criminal activity that threatens the health, safety or right to peaceful enjoyment of the Authority’s BHA's public housing premises by other residents or employees, or any drug-related criminal activity on or off the premises; [966.4 (1)(2)]
(9) Alcohol abuse that the Authority determines interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents;
(109) Weapons Offensive weapons or illegal drugs seized in an Authority a BHA unit by a law enforcement officer;[966.4 (10(2)]officer;
(1110) Any fire on Authority BHA premises caused by the Tenant, household members carelessness or guests’ actions or neglect; [966.4 (1)(2)]
(12) Failure to comply with pest control treatment requirements;
(13) Failure to comply with the housekeeping standards established in Section XVI of this Lease;
(14) The serious or repeated interference with the rights of Staff or other Tenants; (i.e. Tenants displaying unacceptable, irresponsible, or loud behavior.) Acting and speaking in an abusive or threatening manner, or playing loud music, or playing surround sound equipmentunattended cooking.
(15) Criminal activity relating to domestic violence, dating violence, or stalking will be reviewed on a case-by-case basis according to ▇▇▇’s Violence Against Women Act Policy.
(16) Failure to connect utilities in Head or Co-Head’s name.
(17) Failure to sign required documents for the authority.
(18) Failure to report subsequent increases in income within 10 days of the occurrences, until the next scheduled re-examination, if a rent decrease was granted and justified at the request of the tenant during the period between regular re-examinations.
(19) Failure to transfer into dwelling unit made available by the authority, or failure to return old unit keys within three days.
(20) Failure to notify the authority in writing when overnight guests would stay in the unit for more than three days.
(21) Failure to ensure that no former resident who has been evicted or owes a balance to the authority would not stay or reside in the tenant’s dwelling unit.
(22) Anyone knowingly allowing or harboring any person on the BHA banned list.
(23) Guests who represent the public housing unit address as their residence address or address of record for receipt of benefits or any other purposes will be considered unauthorized occupants. In addition, guests who remain in the unit beyond the allowable time limit will be considered to be unauthorized occupants, and their presence constitutes a violation of the lease.
(24) Give false statements verbally or in writing.
(25) Failure to ensure that all adults (18 and older), guests or addition to household goes through a criminal background/sex offender process.
(26) Failure to notify the authority of tenant leaving dwelling unit unoccupied for any period exceeding one calendar week.
(27) Failure to dispose garbage, recycling and other waste from the dwelling unit in a sanitary and safe manner. In addition, or to failure to place garbage and recycling containers at curbside.
(28) Illegally dumping large items or trash on BHA property.
(29) Unauthorized care repair, car washing, swimming pools, waterbed, sprinklers or hoses.
(30) Disturbing the peaceful enjoyment of other residents.
(31) Unauthorized alterations, repairs, redecorations to the interior or exterior of the dwelling unit, equipment, or appliances. In addition, unauthorized wall paper, boarders, contact paper, stenciling, sponge art or color paints other than the color linen.
(32) Violation of No Smoking policy.
(33) Violation of VAWA.
(34) Violation of Pet policy, Assistance Animal policy or Service Animal policy.
(35) Unauthorized parking as stated on the lease.
(36) Unauthorized motorbikes or motorcycles stored on authority’s property, including patios and sheds.
(37) Unauthorized fences, flower beds, outdoor solar or electric lights and basketball hoops.
(38) Unauthorized feeding of rodents, birds, and any outside animals.
(39) Failure to remove vehicles without valid registration or inspection stickers, including inoperable vehicles.
(40) Unauthorized vegetable garden on authority property.
(41) Failure to notify the authority promptly of known need for repairs to the dwelling unit.
(42) Tampering with smoke detector or electrical wiring.
(43) Hazardous conditions in dwelling unit or common grounds caused by tenant, family member or guest.
(44) Blocking of both bedroom windows.
(45) Failure to permit entry to tenants dwelling unit during reasonable hours.
(46) Failure to comply with community service requirements.
(47) Repeated or excessive damages to the unit beyond normal wear and tear will be considered a serious or repeated violation of the lease.
(b) The Authority BHA shall give written notice of the proposed termination of the Lease ofwithin:
(1) 14 days in the case of failure to pay rent;
(2) A reasonable time, but not to exceed 30
(3) days, considering the seriousness of the situation when the health or safety of other tenants or Authority staff is threatened;
(4) 30 days in any other case. [966.4 (1)(3)(I)(A),(B)&(C)]
(c) The notice of termination:
(1) The notice of termination to Tenant shall state specific reasons for the termination, shall inform ▇▇▇▇▇▇ 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)] The Notice to Vacate must be in writing 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 attorney’s fees.
(4) 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 or 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 procedure, the notice of lease termination shall (a) state that Tenant is not entitled to a grievance hearing on the termination; (b) 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
Appears in 1 contract
Sources: Residential Lease Agreement
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 LeaseLease for the following reasons, 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)]including but not limited to:
(1) The failure to pay rent or any 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 1st 8th calendar day of the month. Three Two such late payments within a 12-month period shall constitute the resident as a repeated late payment. [966.4 (1)(2)] Management may refuse to renew this Lease if Tenant is subject to two (2) or more magistrate judgments in a 12-month periodchronic delinquent rent payer;
(3) Failure to pay utility bills when Tenant is responsible for paying such bills directly to the supplier of utilities; [966.4
(1) (2utilities or repeated disconnection(s)]
(4) Misrepresentation of family income, assets, assets or composition; [966.4 (c)(2)];
(5) Failure to respond to correspondence from Bethlehem Housing Authority within the specified time is cause for lease termination;
(6) Failure to supply, in a timely fashion, fashion any certification, release, information, information or documentation on Family family income or composition needed to process annual re-examinations examination or interim re- determinations; [966.4 (c)(2)]interim.
(76) Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any Development or High Rise site; [966.4development;
(17) Any fire on HAESL premises caused by negligence (2e.g., unattended cooking)]
(8) Two or more violations for the disconnection of Smoke Detector and/or Carbon Monoxide Detector and/or Maintenance;
(9) Assignment of the Lease or subletting of the premises or unauthorized person(s) living in the unit;
(10) Criminal activity by ▇▇▇▇▇▇, household member, guest, or other person under ▇▇▇▇▇▇resident’s control, including but not limited to, 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)]
(9) Alcohol abuse that the Authority determines interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents;
(10) Weapons or illegal drugs seized in an Authority unit by a law enforcement officer;[966.4 (10(2)]
(11) Any fire on Authority premises caused Possession of firearms unlawfully by the Tenant, residents or household members or guests’ actions or neglect; [966.4 (1)(2)]on any HAESL property. Possession of firearms by guest on any HAESL property is prohibited;
(12) Failure to comply with pest control treatment requirementsadhere to the Ban and Bar Policy for resident(s), household member(s), guest(s), or other persons under the resident’s control;
(13) Failure to comply with Drug-related convictions for the housekeeping standards established in Section XVI manufacture, production or the distribution of this Leasemethamphetamine by resident(s), household member(s), guest(s), or other persons under the resident’s control;
(14) The serious Two or repeated interference with more violations of the rights of Staff or other Tenants; (i.e. Tenants displaying unacceptable, irresponsible, or loud behavior.) Acting and speaking in an abusive or threatening manner, or playing loud music, or playing surround sound equipment.No Smoking Policy;
(15) Criminal activity relating Failure to domestic violence, dating violence, or stalking will be reviewed on a case-by-case basis according adhere to ▇▇▇’s Violence Against Women Act the Pet Policy.;
(16) Failure to connect utilities in Head or Co-Head’s name.comply with Community Service requirements;
(17) Failure to sign required documents for the authority.
(18) Failure to report subsequent increases in income within 10 days of the occurrences, until the next scheduled re-examination, if a rent decrease was granted and justified at the request of the tenant during the period between regular re-examinations.
(19) Failure to transfer into dwelling unit made available by the authority, or failure to return old unit keys within three days.
(20) Failure to notify the authority in writing when overnight guests would stay in the unit for more than three days.
(21) Failure to ensure that no former resident who has been evicted or owes a balance to the authority would not stay or reside in the tenant’s dwelling unit.
(22) Anyone knowingly allowing or harboring any person on the BHA banned list.
(23) Guests who represent the public housing unit address as their residence address or address of record for receipt of benefits or any other purposes will be considered unauthorized occupants. In addition, guests who remain in the unit beyond the allowable time limit will be considered to be unauthorized occupants, and their presence constitutes a violation of the lease.
(24) Give false statements verbally or in writing.
(25) Failure to ensure that all adults (18 and older), guests or addition to household goes through a criminal background/sex offender process.
(26) Failure to notify the authority of tenant leaving dwelling unit unoccupied for any period exceeding one calendar week.
(27) Failure to dispose garbage, recycling and other waste from the dwelling unit in a sanitary and safe manner. In addition, or to failure to place garbage and recycling containers at curbside.
(28) Illegally dumping large items or trash on BHA property.
(29) Unauthorized care repair, car washing, swimming pools, waterbed, sprinklers or hoses.
(30) Disturbing the peaceful enjoyment of other residents.
(31) Unauthorized alterations, repairs, redecorations to the interior or exterior of the dwelling unit, equipment, or appliances. In addition, unauthorized wall paper, boarders, contact paper, stenciling, sponge art or color paints other than the color linen.
(32) Violation of No Smoking policy.
(33) Violation of VAWA.
(34) Violation of Pet policy, Assistance Animal policy or Service Animal policy.
(35) Unauthorized parking as stated on the lease.
(36) Unauthorized motorbikes or motorcycles stored on authority’s property, including patios and sheds.
(37) Unauthorized fences, flower beds, outdoor solar or electric lights and basketball hoops.
(38) Unauthorized feeding of rodents, birds, and any outside animals.
(39) Failure to remove vehicles without valid registration or inspection stickers, including inoperable vehicles.
(40) Unauthorized vegetable garden on authority property.
(41) Failure to notify the authority promptly of known need for repairs to the dwelling unit.
(42) Tampering with smoke detector or electrical wiring.
(43) Hazardous conditions in dwelling unit or common grounds caused by tenant, family member or guest.
(44) Blocking of both bedroom windows.
(45) Failure to permit entry to tenants dwelling unit during reasonable hours.
(46) Failure to comply with community service requirements.
(47) Repeated or excessive damages to the unit beyond normal wear and tear will be considered a serious or repeated violation of the leasemaintain Uniform Housekeeping Standard repeatedly.
(b) The Authority HAESL shall give written notice of the proposed termination of the Lease ofthrough one of the following:
(1) 14 days in the case of failure to pay rent;
(2) A reasonable time, but not to exceed 30
(3) daysDay Notice-Possession Only, considering the seriousness of the situation when the health Criminal, Health or safety of other tenants or Authority staff is threatenedSafety Threat;
(4) 30 days in any other case. [966.4 (1)(3)(I)(A),(B)&(C)]
(c) The notice of termination:
(1) The notice of termination to Tenant shall state specific reasons for the termination, shall inform ▇▇▇▇▇▇ 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)] The Notice to Vacate must be in writing 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 attorney’s fees.
(4) 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 or 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 procedure, the notice of lease termination shall (a) state that Tenant is not entitled to a grievance hearing on the termination; (b) 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
Appears in 1 contract
Sources: Residential Lease Agreement
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 prior to its expiration date only for serious or repeated violations of material terms of the Lease, such as failure to make payments due under the Lease 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 any 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 1st 1ST day of the month. Three such late payments within a 12-month period shall constitute a repeated late payment. [966.4 (1)(2)] Management may refuse to renew this Lease if Tenant is subject to two (2) or more magistrate judgments in a 12-month period;
(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 Discovery after admission of family income, assets, or composition; [966.4 (c)(2)]facts that made the tenant ineligible;
(5) Failure to respond to correspondence from Bethlehem Housing Authority within Discovery of material false statements or fraud by the specified time is cause tenant in connection with an application for lease terminationassistance or with reexamination of income or family composition;
(6) Failure to supply, in a timely fashion, any certification, release, information, or documentation on Family income or composition needed to process annual re-examinations reexaminations or interim re- determinations; [966.4 (c)(2)];
(7) Refusal to accept and execute an amendment, lease revision or written rider to the lease after the Authority provides at least 60 day notice of the proposed effect of the amendment, lease revision or written rider and provides the tenant a reasonable time to respond to the offer to accept and execute the amendment, lease revision or written rider;
(8) Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any Development or High Rise project site; [966.4;
(19) (2)]Criminal or other activity by a member of the household that threatens the health or safety of other public housing residents, employees of the Authority, contractors or their employees, anyone with permission or of persons residing in the immediate vicinity of the premises; or
(8) Criminal activity by ▇▇▇▇▇▇10) If Tenant, household membermember of the household, guest, guest or any other person under ▇▇▇▇▇▇Tenant’s controlcontrol has engaged in any drug-related criminal activity on or off the premises, including criminal activity cases where:
A. Tenant, member of the household or guest has engaged in drug trafficking; or
B. Tenant, household member or guest has engaged in illegal drug use (including cases where the Authority determines that threatens illegal drug use or a pattern of illegal drug use by a household member may threaten 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)]
(9) Alcohol abuse that the Authority determines interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents);
(1011) Weapons If a member of the household is:
A. Fleeing to avoid prosecution, or illegal custody or confinement after conviction, for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees; or
B. Violating a condition of probation or parole imposed under Federal or State law.
(12) Illegal weapons or drugs seized in an Authority unit by a law enforcement officer;[966.4 (10(2)]officer;
(1113) Any fire on Authority premises caused by the Tenanttenant, household members or guests’ actions or neglect; [966.4 (1)(2)]
(12) Failure to comply with pest control treatment requirements;
(13) Failure to comply with the housekeeping standards established in Section XVI of this Lease;.
(14) The serious or repeated interference with Continued noncompliance of the rights community service requirement, on the part of Staff or other Tenants; (i.e. Tenants displaying unacceptableany non- exempt adult resident: Continued noncompliance is defined as the 12-month period after the head of household and noncompliant non-exempt adult have signed an agreement that the noncompliant non-exempt adult shall cure the noncompliance by making up the community service hours in the subsequent 12 months. This continued noncompliance will result in eviction of the entire family, irresponsible, or loud behavior.) Acting and speaking in an abusive or threatening manner, or playing loud music, or playing surround sound equipmentunless the noncompliant family member is no longer part of the household.
(15) Criminal activity relating to domestic violence, dating violence, or stalking will be reviewed on a case-by-case basis according to ▇▇▇’s Violence Against Women Act Policy.
The second incident (16) Failure to connect utilities in Head or Co-Head’s name.
(17) Failure to sign required documents for the authority.
(18) Failure to report subsequent increases in income within 10 days of the occurrences, until the next scheduled re-examination, if a rent decrease was granted and justified at the request of the tenant during the period between regular re-examinations.
(19) Failure to transfer into dwelling unit made available by the authority, or failure to return old unit keys within three days.
(20) Failure to notify the authority in writing when overnight guests would stay in the unit for more than three days.
(21) Failure to ensure that no former resident who has been evicted or owes a balance to the authority would not stay or reside in the tenant’s dwelling unit.
(22) Anyone knowingly allowing or harboring any person on the BHA banned list.
(23) Guests who represent the public housing unit address as their residence address or address of record for receipt of benefits or any other purposes will be considered unauthorized occupants. In addition, guests who remain in the unit beyond the allowable time limit will be considered to be unauthorized occupants, and their presence constitutes a violation of the lease.
(24) Give false statements verbally or in writing.
(25) Failure to ensure that all adults (18 and older), guests or addition to household goes through a criminal background/sex offender process.
(26) Failure to notify the authority of tenant leaving dwelling unit unoccupied for any period exceeding one calendar week.
(27) Failure to dispose garbage, recycling and other waste from the dwelling unit in a sanitary and safe manner. In addition, one-year period) of disconnecting the batteries in or to failure to place garbage and recycling containers at curbside.
(28) Illegally dumping large items or trash on BHA property.
(29) Unauthorized care repair, car washing, swimming pools, waterbed, sprinklers or hoses.
(30) Disturbing the peaceful enjoyment of other residents.
(31) Unauthorized alterations, repairs, redecorations to the interior or exterior of removing any smoke detector in the dwelling unit, equipment, or appliances. In addition, unauthorized wall paper, boarders, contact paper, stenciling, sponge art or color paints other than the color linen.
(32) Violation of No Smoking policy.
(33) Violation of VAWA.
(34) Violation of Pet policy, Assistance Animal policy or Service Animal policy.
(35) Unauthorized parking as stated on the lease.
(36) Unauthorized motorbikes or motorcycles stored on authority’s property, including patios and sheds.
(37) Unauthorized fences, flower beds, outdoor solar or electric lights and basketball hoops.
(38) Unauthorized feeding of rodents, birds, and any outside animals.
(39) Failure to remove vehicles without valid registration or inspection stickers, including inoperable vehicles.
(40) Unauthorized vegetable garden on authority property.
(41) Failure to notify the authority promptly of known need for repairs to the dwelling unit.
(42) Tampering with smoke detector or electrical wiring.
(43) Hazardous conditions in dwelling unit or common grounds caused by tenant, family member or guest.
(44) Blocking of both bedroom windows.
(45) Failure to permit entry to tenants dwelling unit during reasonable hours.
(46) Failure to comply with community service requirements.
(47) Repeated or excessive damages to the unit beyond normal wear and tear will be considered a serious or repeated violation of the lease.
(b) The Authority shall give written notice terminate assistance permanently for persons convicted of manufacturing or producing methamphetamine on the proposed termination of premises. "Premises" is the Lease of:
(1) 14 days building or complex in which the dwelling unit is located, including common areas and grounds. Also included in the case of failure to pay rent;
(2) A reasonable time, but not to exceed 30
(3) days, considering the seriousness of the situation when the health or safety of other tenants or Authority staff is threatened;
(4) 30 days in any other case. [966.4 (1)(3)(I)(A),(B)&(C)]
(c) The notice of termination:
(1) The notice of termination to Tenant shall state specific reasons for the termination, shall inform ▇▇▇▇▇▇ of his/her right to make such reply as he/she may wish, and of Tenantpermanent terminated assistance are those placed on a sex offender’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)] The Notice to Vacate must be in writing 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 attorney’s feesregistrar.
(4) 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 or 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 procedure, the notice of lease termination shall (a) state that Tenant is not entitled to a grievance hearing on the termination; (b) 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
Appears in 1 contract
Sources: Residential Lease Agreement
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 LeaseLease for the following reasons, 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)]including but not limited to:
(1) The failure to pay rent or any 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 1st 8th calendar day of the month. Three Two such late payments within a 12-month period shall constitute the resident as a repeated late payment. [966.4 (1)(2)] Management may refuse to renew this Lease if Tenant is subject to two (2) or more magistrate judgments in a 12-month periodchronic delinquent rent payer;
(3) Failure to pay utility bills when Tenant is responsible for paying such bills directly to the supplier of utilities; [966.4
(1) (2utilities or repeated disconnection(s)]
(4) Misrepresentation of family income, assets, assets or composition; [966.4 (c)(2)];
(5) Failure to respond to correspondence from Bethlehem Housing Authority within the specified time is cause for lease termination;
(6) Failure to supply, in a timely fashion, fashion any certification, release, information, information or documentation on Family family income or composition needed to process annual re-examinations examination or interim re- determinations; [966.4 (c)(2)]interim.
(76) Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any Development or High Rise site; [966.4development;
(17) Any fire on HAESL premises caused by negligence (2e.g., unattended cooking)]
(8) Two or more violations for the disconnection of Smoke Detector and/or Carbon Monoxide Detector and/or Maintenance;
(9) Assignment of the Lease or subletting of the premises or unauthorized person(s) living in the unit;
(10) Criminal activity by ▇▇▇▇▇▇, household member, guest, or other person under ▇▇▇▇▇▇resident’s control, including but not limited to, 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)]
(9) Alcohol abuse that the Authority determines interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents;
(10) Weapons or illegal drugs seized in an Authority unit by a law enforcement officer;[966.4 (10(2)]
(11) Any fire on Authority premises caused Possession of firearms unlawfully by the Tenant, residents or household members or guests’ actions or neglect; [966.4 (1)(2)]on any HAESL property. Possession of firearms by guest on any HAESL property is prohibited;
(12) Failure to comply with pest control treatment requirementsadhere to the Ban and Bar Policy for resident(s), household member(s), guest(s), or other persons under the resident’s control;
(13) Failure to comply with Drug-related convictions for the housekeeping standards established in Section XVI manufacture, production or the distribution of this Leasemethamphetamine by resident(s), household member(s), guest(s), or other persons under the resident’s control;
(14) The serious Two or repeated interference with more violations of the rights of Staff or other Tenants; (i.e. Tenants displaying unacceptable, irresponsible, or loud behavior.) Acting and speaking in an abusive or threatening manner, or playing loud music, or playing surround sound equipment.No Smoking Policy;
(15) Criminal activity relating Failure to domestic violence, dating violence, or stalking will be reviewed on a case-by-case basis according adhere to ▇▇▇’s Violence Against Women Act the Pet Policy.;
(16) Failure to connect utilities in Head or Co-Head’s name.comply with Community Service requirements;
(17) (17) Failure to sign required documents for the authority.
(18) Failure to report subsequent increases in income within 10 days of the occurrences, until the next scheduled re-examination, if a rent decrease was granted and justified at the request of the tenant during the period between regular re-examinations.
(19) Failure to transfer into dwelling unit made available by the authority, or failure to return old unit keys within three days.
(20) Failure to notify the authority in writing when overnight guests would stay in the unit for more than three days.
(21) Failure to ensure that no former resident who has been evicted or owes a balance to the authority would not stay or reside in the tenant’s dwelling unit.
(22) Anyone knowingly allowing or harboring any person on the BHA banned list.
(23) Guests who represent the public housing unit address as their residence address or address of record for receipt of benefits or any other purposes will be considered unauthorized occupants. In addition, guests who remain in the unit beyond the allowable time limit will be considered to be unauthorized occupants, and their presence constitutes a violation of the lease.
(24) Give false statements verbally or in writing.
(25) Failure to ensure that all adults (18 and older), guests or addition to household goes through a criminal background/sex offender process.
(26) Failure to notify the authority of tenant leaving dwelling unit unoccupied for any period exceeding one calendar week.
(27) Failure to dispose garbage, recycling and other waste from the dwelling unit in a sanitary and safe manner. In addition, or to failure to place garbage and recycling containers at curbside.
(28) Illegally dumping large items or trash on BHA property.
(29) Unauthorized care repair, car washing, swimming pools, waterbed, sprinklers or hoses.
(30) Disturbing the peaceful enjoyment of other residents.
(31) Unauthorized alterations, repairs, redecorations to the interior or exterior of the dwelling unit, equipment, or appliances. In addition, unauthorized wall paper, boarders, contact paper, stenciling, sponge art or color paints other than the color linen.
(32) Violation of No Smoking policy.
(33) Violation of VAWA.
(34) Violation of Pet policy, Assistance Animal policy or Service Animal policy.
(35) Unauthorized parking as stated on the lease.
(36) Unauthorized motorbikes or motorcycles stored on authority’s property, including patios and sheds.
(37) Unauthorized fences, flower beds, outdoor solar or electric lights and basketball hoops.
(38) Unauthorized feeding of rodents, birds, and any outside animals.
(39) Failure to remove vehicles without valid registration or inspection stickers, including inoperable vehicles.
(40) Unauthorized vegetable garden on authority property.
(41) Failure to notify the authority promptly of known need for repairs to the dwelling unit.
(42) Tampering with smoke detector or electrical wiring.
(43) Hazardous conditions in dwelling unit or common grounds caused by tenant, family member or guest.
(44) Blocking of both bedroom windows.
(45) Failure to permit entry to tenants dwelling unit during reasonable hours.
(46) Failure to comply with community service requirements.
(47) Repeated or excessive damages to the unit beyond normal wear and tear will be considered a serious or repeated violation of the leasemaintain Uniform Housekeeping Standard repeatedly.
(b) The Authority ESLHA shall give written notice of the proposed termination of the Lease ofthrough one of the following:
(1) 14 days in the case of failure to pay rent;
(2) A reasonable time, but not to exceed 30
(3) daysDay Notice-Possession Only, considering the seriousness of the situation when the health Criminal, Health or safety of other tenants or Authority staff is threatenedSafety Threat;
(4) 30 days in any other case. [966.4 (1)(3)(I)(A),(B)&(C)]
(c) The notice of termination:
(1) The notice of termination to Tenant shall state specific reasons for the termination, shall inform ▇▇▇▇▇▇ 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)] The Notice to Vacate must be in writing 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 attorney’s fees.
(4) 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 or 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 procedure, the notice of lease termination shall (a) state that Tenant is not entitled to a grievance hearing on the termination; (b) 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
Appears in 1 contract
Sources: Residential Lease Agreement
Termination of the Lease. In terminating the Lease, the following procedures shall be followed by the Authority and Tenantthe Resident:
(a) A. This Lease may be terminated by the Authority 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 the Resident obligations set forth in Section IX above, above or for other good cause.
1. [966.4 (1)(2)]
(1) The failure to pay rent or any other payments when due; [966.4, including utility payments when Resident receives an allowance in order to meet this responsibility;
(1) (2)]
(2) . Repeated late payment, which shall be defined as failure to pay the amount of rent or other charges due by 4:30 PM on the 1st seventh (7th) of the month. Three Four such late payments within a in any twelve (12-) month period shall constitute a repeated late payment. [966.4 (1)(2)] Management may refuse to renew this Lease if Tenant is subject to two (2) or more magistrate judgments in a 12-month period;
(3) . Failure to pay utility gas and/or electric bills which result in shut-off when Tenant the Resident is responsible for paying such bills directly to the supplier of utilities; [966.4allowing termination of utility service to the unit rented under this Lease;
(1) (2)]4. Serious or repeated interference with the rights of staff or other residents as noted in Section IX of this Lease;
(4) 5. Misrepresentation of family income, assets, or composition; [966.4 (c)(2)], or failure to report changes in family income, assets, or composition as required by this Lease;
(5) 6. Failure to respond report to correspondence from Bethlehem Housing Authority within the specified time is cause for lease termination;
(6) Failure re-examination interview or failure to supply, in a timely fashion, any certification, release, information, or documentation on Family family income or composition needed to process annual re-examinations reexaminations or interim re- determinations; [966.4 (c)(2)];
(7) . Failure to comply with LCHA Policies and Procedures made a part of the lease
8. Serious or repeated damage to the dwelling unitpremises, creation of physical hazards in the unit, common areas, grounds, or parking areas of any Development or High Rise the development site; [966.4;
(1) (2)]9. Failure to comply with the housekeeping standards established by the Authority in Section XVIII of this Lease;
(8) Criminal 10. Any activity by ▇▇▇▇▇▇Resident, household member, guest, or other person under ▇▇▇▇▇▇’s Resident's control, including criminal activity that threatens the health, safety or right to peaceful enjoyment of the Authority’s LCHA's public housing premises by other residents or employeesResidents, or any drug-related criminal activity on or off Authority property;
11. Determination that a family member has knowingly permitted an ineligible non- citizen not listed on the premises; [966.4 (1)(2)]lease to permanently reside in their public housing unit;
(9) Alcohol abuse 12. Determination or discovery that a resident is a registered sex offender;
13. A determination by the LCHA that the Authority determines interferes resident or member of the resident's family is illegally using a controlled substance or whose illegal use of a controlled substance or whose abuse of alcohol, has been determined to be interfering with the health, safety, or right to peaceful enjoyment of the premises by other residentsresidents of the development or neighborhood;
(10) Weapons 14. Illegal weapons or illegal drugs seized in an Authority a LCHA unit by a law enforcement officer;[966.4 (10(2)]officer; or
(11) 15. Any fire on Authority premises caused by the Tenantcarelessness or unattended cooking, household members or guests’ actions or neglect; [966.4 (1)(2)]
(12) Failure resulting in damage to comply with pest control treatment requirements;
(13) Failure to comply with the housekeeping standards established in Section XVI of this Lease;
(14) The serious or repeated interference with the rights of Staff or other Tenants; (i.e. Tenants displaying unacceptable, irresponsible, or loud behavior.) Acting and speaking in an abusive or threatening manner, or playing loud music, or playing surround sound equipmentLCHA property.
(15) Criminal activity relating to domestic violence, dating violence, or stalking will be reviewed on a case-by-case basis according to ▇▇▇’s Violence Against Women Act Policy16. Discovery after leasing the unit of facts that made the tenant ineligible.
(16) Failure to connect utilities in Head or Co17. Non-Head’s nameacceptance of a revised lease.
(17) Failure to sign required documents for 18. Receipt of three “Disruptive Conduct Reports” from the authorityCity of Lancaster within a twelve-month period.
(18) Failure to report subsequent increases 19. Two fines from the City of Lancaster in income within 10 days of the occurrences, until the next scheduled re-examination, if a rent decrease was granted and justified at the request of the tenant during the twelve month period between regular re-examinations.
(19) Failure to transfer into dwelling unit made available by the authority, or failure to return old unit keys within three days.
(20) Failure to notify the authority in writing when overnight guests would stay in the unit for more than three days.
(21) Failure to ensure that no former resident who has been evicted or owes a balance to the authority would not stay or reside in the tenant’s dwelling unit.
(22) Anyone knowingly allowing or harboring any person on the BHA banned list.
(23) Guests who represent the public housing unit address as their residence address or address of record for receipt of benefits or any other purposes will be considered unauthorized occupants. In addition, guests who remain in the unit beyond the allowable time limit will be considered to be unauthorized occupants, and their presence constitutes a violation of the lease.
(24) Give false statements verbally or in writing.
(25) Failure to ensure that all adults (18 and older), guests or addition to household goes through a criminal background/sex offender process.
(26) Failure to notify the authority of tenant leaving dwelling unit unoccupied for any period exceeding one calendar week.
(27) Failure to dispose garbage, recycling and other waste from the dwelling unit in a sanitary and safe mannerCity Ordinance. In addition, or to failure to place garbage and recycling containers at curbside.
(28) Illegally dumping large items or trash on BHA property.
(29) Unauthorized care repair, car washing, swimming pools, waterbed, sprinklers or hoses.
(30) Disturbing the peaceful enjoyment of other residents.
(31) Unauthorized alterations, repairs, redecorations to the interior or exterior of the dwelling unit, equipment, or appliances. In addition, unauthorized wall paper, boarders, contact paper, stenciling, sponge art or color paints other than the color linen.
(32) Violation of No Smoking policy.
(33) Violation of VAWA.
(34) Violation of Pet policy, Assistance Animal policy or Service Animal policy.
(35) Unauthorized parking as stated on the lease.
(36) Unauthorized motorbikes or motorcycles stored on authority’s property, including patios and sheds.
(37) Unauthorized fences, flower beds, outdoor solar or electric lights and basketball hoops.
(38) Unauthorized feeding of rodents, birds, and any outside animals.
(39) Failure to remove vehicles without valid registration or inspection stickers, including inoperable vehicles.
(40) Unauthorized vegetable garden on authority property.
(41) Failure to notify the authority promptly of known need for repairs to the dwelling unit.
(42) Tampering with smoke detector or electrical wiring.
(43) Hazardous conditions in dwelling unit or common grounds caused by tenant, family member or guest.
(44) Blocking of both bedroom windows.
(45) Failure to permit entry to tenants dwelling unit during reasonable hours.
(46) Failure to comply with community service requirements.
(47) Repeated or excessive damages to the unit beyond normal wear and tear will be considered a serious or repeated violation of the lease.
(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 timeThese include, but are not to exceed 30
(3) dayslimited to, considering the seriousness of the situation when the health or safety of other tenants or Authority staff is threatened;
(4) 30 days in any other case. [966.4 (1)(3)(I)(A),(B)&(C)]
(c) The notice of termination:
(1) The notice of termination to Tenant shall state specific reasons for the terminationtrash, shall inform ▇▇▇▇▇▇ of his/her right to make such reply as he/she may wish, snow removal 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)] The Notice to Vacate must be in writing uncut grass 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 attorney’s feesweeds.
(4) 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 or 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 procedure, the notice of lease termination shall (a) state that Tenant is not entitled to a grievance hearing on the termination; (b) 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
Appears in 1 contract
Sources: Residential Lease Agreement
Termination of the Lease. In terminating the Lease, the following procedures shall be followed by the Housing Authority and the Tenant:
(a) 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 abovethis Lease, or for other good cause. [966.4 (1)(2)]Such serious or repeated violation of terms shall include, but not be limited to, the following:
(1) The failure to pay rent or any 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 1st 5th calendar day of the each month. Three Four (4) such late payments within a the past twelve (12-) month period shall constitute a repeated late payment. [966.4 (1)(2)] Management may refuse to renew this Lease if Tenant is subject to two (2) or more magistrate judgments in a 12-month period;.
(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 respond to correspondence from Bethlehem Housing Authority within the specified time is cause for lease termination;
(6) Failure to supply, in a timely fashion, any certification, release, information, or documentation on Family income or composition needed to process annual re-examinations or interim re- determinations; [966.4 (c)(2)]
(7) Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any Development or High Rise development site; [966.4.
(15) (2)]
(8) Criminal activity by ▇▇▇▇▇▇, household member, guest, or other person under ▇▇▇▇▇▇’s 's control, including criminal activity that threatens the health, safety or right to peaceful enjoyment of the Housing Authority’s 's public housing premises Premises by other residents or employeesTenants, or any drug-drug- related criminal activity. The Housing Authority may evict the tenant by judicial action for criminal activity on in accordance with this section if the PHA determines that the covered person has engaged in the criminal activity, regardless of whether the covered person has been arrested or off convicted for such activity and without satisfying the premises; [966.4 (1)(2)]standard of proof used for a criminal conviction.
(96) Alcohol abuse that the Authority determines interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents;
(10) Weapons Offensive weapons or illegal drugs seized in an a Housing Authority unit by a law enforcement officer;[966.4 (10(2)]officer.
(117) Any fire on Housing Authority premises Premises caused by carelessness or unattended cooking.
(8) Repeated violation of the Tenant, household members Housing Authority of the County of San Joaquin’s Barring and Trespassing Policy. “Repeated” shall mean two (2) or guests’ actions or neglect; [966.4 (1)(2)]
more instances within the preceding twelve (12) Failure to comply with pest control treatment requirements;
(13) Failure to comply with the housekeeping standards established in Section XVI of this Lease;
(14) The serious or repeated interference with the rights of Staff or other Tenants; (i.e. Tenants displaying unacceptable, irresponsible, or loud behaviormonth period.) Acting and speaking in an abusive or threatening manner, or playing loud music, or playing surround sound equipment.
(15) Criminal activity relating to domestic violence, dating violence, or stalking will be reviewed on a case-by-case basis according to ▇▇▇’s Violence Against Women Act Policy.
(16) Failure to connect utilities in Head or Co-Head’s name.
(17) Failure to sign required documents for the authority.
(18) Failure to report subsequent increases in income within 10 days of the occurrences, until the next scheduled re-examination, if a rent decrease was granted and justified at the request of the tenant during the period between regular re-examinations.
(19) Failure to transfer into dwelling unit made available by the authority, or failure to return old unit keys within three days.
(20) Failure to notify the authority in writing when overnight guests would stay in the unit for more than three days.
(21) Failure to ensure that no former resident who has been evicted or owes a balance to the authority would not stay or reside in the tenant’s dwelling unit.
(22) Anyone knowingly allowing or harboring any person on the BHA banned list.
(23) Guests who represent the public housing unit address as their residence address or address of record for receipt of benefits or any other purposes will be considered unauthorized occupants. In addition, guests who remain in the unit beyond the allowable time limit will be considered to be unauthorized occupants, and their presence constitutes a violation of the lease.
(24) Give false statements verbally or in writing.
(25) Failure to ensure that all adults (18 and older), guests or addition to household goes through a criminal background/sex offender process.
(26) Failure to notify the authority of tenant leaving dwelling unit unoccupied for any period exceeding one calendar week.
(27) Failure to dispose garbage, recycling and other waste from the dwelling unit in a sanitary and safe manner. In addition, or to failure to place garbage and recycling containers at curbside.
(28) Illegally dumping large items or trash on BHA property.
(29) Unauthorized care repair, car washing, swimming pools, waterbed, sprinklers or hoses.
(30) Disturbing the peaceful enjoyment of other residents.
(31) Unauthorized alterations, repairs, redecorations to the interior or exterior of the dwelling unit, equipment, or appliances. In addition, unauthorized wall paper, boarders, contact paper, stenciling, sponge art or color paints other than the color linen.
(32) Violation of No Smoking policy.
(33) Violation of VAWA.
(34) Violation of Pet policy, Assistance Animal policy or Service Animal policy.
(35) Unauthorized parking as stated on the lease.
(36) Unauthorized motorbikes or motorcycles stored on authority’s property, including patios and sheds.
(37) Unauthorized fences, flower beds, outdoor solar or electric lights and basketball hoops.
(38) Unauthorized feeding of rodents, birds, and any outside animals.
(39) Failure to remove vehicles without valid registration or inspection stickers, including inoperable vehicles.
(40) Unauthorized vegetable garden on authority property.
(41) Failure to notify the authority promptly of known need for repairs to the dwelling unit.
(42) Tampering with smoke detector or electrical wiring.
(43) Hazardous conditions in dwelling unit or common grounds caused by tenant, family member or guest.
(44) Blocking of both bedroom windows.
(45) Failure to permit entry to tenants dwelling unit during reasonable hours.
(46) Failure to comply with community service requirements.
(47) Repeated or excessive damages to the unit beyond normal wear and tear will be considered a serious or repeated violation of the lease.
(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
(3) days, considering the seriousness of the situation when the health or safety of other tenants or Authority staff is threatened;
(4) 30 days in any other case. [966.4 (1)(3)(I)(A),(B)&(C)]
(c) The notice of termination:
(1) The notice of termination to Tenant shall state specific reasons for the termination, shall inform ▇▇▇▇▇▇ 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)] The Notice to Vacate must be in writing 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 attorney’s fees.
(4) 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 or 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 procedure, the notice of lease termination shall (a) state that Tenant is not entitled to a grievance hearing on the termination; (b) 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
Appears in 1 contract
Sources: Resident Dwelling Lease Agreement
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 lease or to fulfill Tenant obligations set forth in Section 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 any 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 1st 5th of the month. Three Four such late payments within a 12-12 month period shall constitute a repeated late payment. [966.4 (1)(2)] Management may refuse to renew this Lease if Tenant is subject to two (2) or more magistrate judgments in a 12-month period;
(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 respond to correspondence from Bethlehem Housing Authority within the specified time is cause for lease termination;
(6) Failure to supply, in a timely fashion, any certification, release, information, or documentation on Family income or composition needed to process annual re-examinations reexaminations or interim re- determinations; [966.4 redeterminations;
(c)(2)]6) Refusal to accept and execute an amendment or written rider to lease after the Authority provides at least 60 days notice of the proposed effect of the amendment or written rider and provides the tenant a reasonable time to respond to the offer to accept and execute the amendment or written rider;
(7) Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any Development or High Rise project site; [966.4
(1) (2)];
(8) Criminal activity by ▇▇▇▇▇▇Tenant, household member, guest, or other person under ▇▇▇▇▇▇’s Tenant's control, including criminal activity that threatens the health, safety or right to peaceful enjoyment of the Authority’s 's public housing premises by other residents or employees, or any drug-related criminal activity on or off the premises; [966.4 (1)(2)];
(9) Alcohol abuse that the Authority determines interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents;
(10) Fleeing to avoid prosecution or custody confinement after conviction, for a felony;
(11) Violating a condition of probation or parole imposed under Federal or State law;
(12) Weapons or illegal drugs seized in an Authority unit by a law enforcement officer;[966.4 (10(2)]officer;
(1113) Any fire on Authority premises caused by the Tenanttenant, household members or guests’ actions or ' neglect; [966.4 (1)(2)]
(12) Failure to comply with pest control treatment requirements;
(13) Failure to comply with the housekeeping standards established in Section XVI of this Lease;.
(14) The serious Determination or repeated interference with the rights of Staff or other Tenants; (i.e. Tenants displaying unacceptable, irresponsible, or loud behavior.) Acting and speaking in an abusive or threatening manner, or playing loud music, or playing surround sound equipmentdiscovery that a resident is a registered sex offender.
(15) Criminal activity relating When PHA receives a Discrepancy Report from the Upfront Income Verification (UIV) System and the PHA determines that the Resident failed to domestic violence, dating violence, or stalking report income; unreported income which exceeds $2,500 will be reviewed on a case-by-case basis according to ▇▇▇’s Violence Against Women Act Policygrounds for termination.
(16) Failure to connect utilities in Head or CoContinued noncompliance of the community service requirement, on the part of any non-Head’s nameexempt adult resident.
(17a) Failure to sign required documents for Continued noncompliance is defined as the authority12-month period after the head of household and noncompliant non-exempt adult has signed an agreement that the noncompliant non-exempt adult shall cure the noncompliance by making up the community service hours in the subsequent 12 months.
(18b) Failure to report subsequent increases This continued noncompliance will result in income within 10 days eviction of the occurrencesentire family, until unless the next scheduled re-examination, if a rent decrease was granted and justified at the request noncompliant family member is no longer part of the tenant during the period between regular re-examinations.
(19) Failure to transfer into dwelling unit made available by the authority, or failure to return old unit keys within three days.
(20) Failure to notify the authority in writing when overnight guests would stay in the unit for more than three days.
(21) Failure to ensure that no former resident who has been evicted or owes a balance to the authority would not stay or reside in the tenant’s dwelling unit.
(22) Anyone knowingly allowing or harboring any person on the BHA banned list.
(23) Guests who represent the public housing unit address as their residence address or address of record for receipt of benefits or any other purposes will be considered unauthorized occupants. In addition, guests who remain in the unit beyond the allowable time limit will be considered to be unauthorized occupants, and their presence constitutes a violation of the lease.
(24) Give false statements verbally or in writing.
(25) Failure to ensure that all adults (18 and older), guests or addition to household goes through a criminal background/sex offender process.
(26) Failure to notify the authority of tenant leaving dwelling unit unoccupied for any period exceeding one calendar week.
(27) Failure to dispose garbage, recycling and other waste from the dwelling unit in a sanitary and safe manner. In addition, or to failure to place garbage and recycling containers at curbside.
(28) Illegally dumping large items or trash on BHA property.
(29) Unauthorized care repair, car washing, swimming pools, waterbed, sprinklers or hoses.
(30) Disturbing the peaceful enjoyment of other residents.
(31) Unauthorized alterations, repairs, redecorations to the interior or exterior of the dwelling unit, equipment, or appliances. In addition, unauthorized wall paper, boarders, contact paper, stenciling, sponge art or color paints other than the color linen.
(32) Violation of No Smoking policy.
(33) Violation of VAWA.
(34) Violation of Pet policy, Assistance Animal policy or Service Animal policy.
(35) Unauthorized parking as stated on the lease.
(36) Unauthorized motorbikes or motorcycles stored on authority’s property, including patios and sheds.
(37) Unauthorized fences, flower beds, outdoor solar or electric lights and basketball hoops.
(38) Unauthorized feeding of rodents, birds, and any outside animals.
(39) Failure to remove vehicles without valid registration or inspection stickers, including inoperable vehicles.
(40) Unauthorized vegetable garden on authority property.
(41) Failure to notify the authority promptly of known need for repairs to the dwelling unit.
(42) Tampering with smoke detector or electrical wiring.
(43) Hazardous conditions in dwelling unit or common grounds caused by tenant, family member or guest.
(44) Blocking of both bedroom windows.
(45) Failure to permit entry to tenants dwelling unit during reasonable hours.
(46) Failure to comply with community service requirements.
(47) Repeated or excessive damages to the unit beyond normal wear and tear will be considered a serious or repeated violation of the leasehousehold.
(b) The Authority shall give written notice terminate assistance permanently for persons convicted 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
(3) days, considering the seriousness of the situation when the health manufacturing or safety of other tenants or Authority staff is threatened;
(4) 30 days in any other case. [966.4 (1)(3)(I)(A),(B)&(C)]
(c) The notice of termination:
(1) The notice of termination to Tenant shall state specific reasons for the termination, shall inform ▇▇▇▇▇▇ 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)] The Notice to Vacate must be in writing 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 attorney’s feesproducing methamphetamine on premises.
(4) 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 or 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 procedure, the notice of lease termination shall (a) state that Tenant is not entitled to a grievance hearing on the termination; (b) 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
Appears in 1 contract
Sources: Residential Lease Agreement