Housing Authority of Paducah

Housing Authority of Paducah - Anderson

LEASE Agreement: TERMS AND CONDITIONS

 

This Lease Agreement (called the “Lease”) is between the Housing Authority of Paducah, herein called “HAP” or “Authority”, and the person(s) named in Part I of this lease, herein called “Resident”.

Section 1. MEMBERS OF HOUSEHOLD.

  1. Resident shall not permit anyone (including, but not limited to, boarders, lodgers and former Residents/families of the HAP who have been evicted for drug or alcohol use for three years, unless they can show evidence of rehabilitation) other than those members of Resident's household listed to occupy said premises without prior written consent of HAP. The Resident agrees not to allow or permit any other person except those listed to reside in or use the apartment. All Residents over fourteen (14) years of age must have a photo ID.
  2. Any additions to the household members listed, including spouse, live-in aides, other adults, and foster children, but excluding natural births and adoptions or court-awarded custody, require the advance written approval of the HAP. Such approval shall be granted only if new family members satisfy the Authority’s screening criteria. Reporting of live births, adoptions, and court award of custody is required and must be reported within ten (10) calendar days of the birth or adoption. Permission to add live-in aides or foster children will not be unreasonably refused. Deletions from the household shall be reported to the HAP within ten (10) calendar days of occurrence. 

Section 2. INITIAL TERM AND RENEWAL OF LEASE

This Lease shall begin on the date stated in Part I, Section I of the Lease Agreement. The term shall be for one year and shall renew automatically for another year, unless terminated pursuant to this Lease, by operation of law, or the HAP’s Admissions and Continued Occupancy Policies (ACOP). The parties agree and acknowledge that the ACOP, Handbook, and Board adopted Policies thereto adopted from time to time are incorporated herein and made a part hereof by reference as if fully repeated in the Lease. A copy of the ACOP and Board adopted Policies are posted at the HAP’s Office at 2330 Ohio Street, Paducah, KY 42003and website (www.paducahhousing.com). A copy of the ACOP and Policies can be furnished upon request at the expense of the person making the request, as provided by the Lease. 

Section 3. RENT PAYMENTS

  1. Resident shall pay rent monthly. Families may change rent calculation methods at any recertification. Families who have chosen the flat rent option may request a reexamination and change to the formula-based method at any time if the family’s income has decreased; their on-going expenses for such purposes as child care and medical care have changed; or for any other circumstances that create a hardship for the family that would be alleviated by a change. If Resident is paying the minimum rent and circumstances change creating an inability to pay the rent, the family may request suspension of the minimum rent because of a recognized hardship.
  2. This rent amount is due on the first day of each month. It may be paid from the 1st through the 10th of each month from 9:00 am until 12:00 pm at the Property Manager’s office (money orders and checks ONLY). Cash payments will be accepted at the Elmwood Court office only. After the 10th of each month, rent may be paid at the Elmwood Court office. This shall remain in effect until adjusted in accordance with the provisions of this Lease. 
  3.  If Resident fails to make the rent payment by the TENTH CALENDAR DAY of the month, a Notice to Vacate will be issued to the Resident. A $20.00 late charge will be assessed if the rent is not paid by the tenth calendar day of the month. A check returned for insufficient funds shall be considered non-payment of rent and in addition to the late charge a $25.00 returned check fee will be charged for a total of $45.00. Should the Notice to Vacate expire without payment, the HAP is NOT required to accept rent.
  4. Resident is required to pay retroactive rent if the following circumstances occur. Retroactive rent is rent owed by the Resident to the Authority resulting from, among other things, Resident’s failure to provide adequate documentation, or to report changes in income or family composition in a timely manner. Resident shall pay the full amount of retroactive rent in the same month that the retroactive rent is posted to the Resident’s account unless other payment arrangements are made with the Property Manager. Resident’s failure to pay timely retroactive rent shall constitute “non-payment of rent” and, in such cases, the HAP shall have the right to terminate the Lease and obtain possession of the premises pursuant to available legal remedies.
  5. In the event legal proceedings are required to recover possession of the premises, the Resident will be charged with the actual cost of such proceedings, including but not limited to attorney fees and court costs. 

Section 4. SECURITY DEPOSIT

Within 30 days after the Resident has permanently moved out of the dwelling unit, the HAP shall return the Security Deposit after deducting whatever amount is needed to pay the cost of: 

  1. unpaid rent; or
  2. repair of damages that exceed normal wear and tear as listed on the Move-Out Inspection Report; or
  3. other charges due under the Lease.

No refund of the Security Deposit will be made until after the Resident has vacated, the apartment has been inspected by the HAP, and repair charges have been calculated by the maintenance department. Return of security deposit shall occur within thirty (30) calendar days after Resident moves out providing the Resident has:

  1. given required written notice of thirty (30) calendar days of Resident’s intent to vacate;
  2. paid all rents and other payments;
  3. left all walls, floors, windows, bathroom fixtures and kitchen equipment and grounds in a clean and reasonable condition, normal wear and tear excepted, on the day of surrender;
  4. removed all rubbish and litter from the interior and exterior of the premises, and removed all personal possessions from the premises;
  5. returned all keys to the HAP and provided the HAP with Resident’s forwarding address, in writing.

The HAP shall provide the Resident with a written list of any charges made against the Security Deposit. If the Resident disagrees with the amounts deducted, the HAP will meet with the Resident to discuss the charges according to the HAP’s grievance procedures. If the Resident vacates with a refund of the security deposit due, the HAP shall send notification to the last known or reasonably determinable address the amount of any refund due the Resident. In the event the check is returned by the Post Office, the HAP will retain it for sixty (60) calendar days. After this time period, the resident shall not have claim to this deposit.

Section 5. OTHER CHARGES

In addition to rent, the Resident is responsible for the payment of certain other charges specified in this Lease. Other charges can include:

  1. Maintenance Charges – The cost for service, repairs, or damages, beyond normal wear and tear, to the apartment, facilities, buildings, common areas, or grounds, caused wither intentionally or negligently, by the Resident, Resident’s household members, or guests. Additionally, Resident may be charged for the labor and material necessary to restore the premises to their original condition because of unauthorized changes made to the premises. When the Authority determines that needed maintenance is not caused by normal wear and tear, Resident shall be charged for the cost of such maintenance or damage, either in accordance with the Schedule of Resident Charges posted by the Authority or, for work not listed on the Schedule of Resident Charges, based on the actual cost to the Authority for labor and materials needed to complete the work. A nominal charge will be assessed for all maintenance requests that are deemed not valid. Resident may be charged with the actual cost for cleanup or removal of litter and garbage left in the premises, common areas, or grounds. Residents who wish to dispute maintenance costs may use the HAP Grievance Procedure (in Handbook).
  2. Excess Utility Charges - The HAP provides a monthly utility allowance. If this amount is exceeded, the Resident will be assessed for excess utility consumption.
  3. Any charges made under subparagraphs (A) or (B) above shall become due and collectible no earlier than fourteen (14) calendar days following the day on which the charges are actually charged to the Resident.
  4. Any legal fees in connection with serving the Sheriff's Notice for Noncompliance of the Lease will be charged to the Resident.
  5. The Resident will be charged, and hereby agrees to pay, a late fee of $20.00 on any rent not paid by 4:30 p.m. on the tenth (10th) calendar day of the month.
  6. The Resident will be charged, and hereby agrees to pay $25.00 for any check returned because of insufficient funds.

Section 6. UTILITIES AND APPLIANCES

  1. As part of the rent, HAP will supply either electric heat or natural gas heat depending on location of
  2. apartment. The HAP will also supply water, sewer, and sanitation.
  3. The HAP will not be liable for failure to supply utility service for any cause whatsoever beyond its control.
  4. The HAP will supply a gas cooking range and a refrigerator.
  5. All dryers must be properly ventilated per housing codes. Residents are required to request dryer vent installation through the HAP Maintenance department.
  6. Resident Paid Utilities: If a Resident resides in a development where HAP does not supply electricity, water or sanitation, an allowance for utilities shall be established for any utilities which Resident pays directly to the utility supplier. This allowance will be appropriate for the size and type of the apartment. If the allowance for utilities exceeds the total rent payment, the HAP will pay the utility reimbursement each month. The Resident has control of the heating and agrees to maintain sufficient heat to prevent the freezing of pipes. If, for any reason, Resident is unable to maintain sufficient heat, Resident shall immediately notify management. Resident will be charged for any damages resulting from Resident's failure to maintain sufficient heat or to notify management, unless for cause beyond Resident's control. Resident shall maintain utility service in his/her name and shall keep service in continuous operation. Resident shall be responsible for all costs of transferring utility service and all amounts paid by the Housing Authority for the Resident. Should termination occur, the HAP will give a notice to Resident granting five (5) business days to have the utilities returned to Resident’s name; otherwise, a thirty (30) calendar day notice to terminate the Lease will be given.
  7. The HAP may change the allowance at any time during the term of the Lease, but shall give the Resident a thirty (30) calendar day notice, in writing, of the revised allowance along with any resultant charges in Resident rent or utility reimbursement. If Resident's actual utility bill exceeds the allowance for utilities, Resident shall be responsible for paying the actual bill to the supplier. If Resident's actual bill is less than the allowance for utilities, Resident shall receive the benefit of such savings.
  8. Resident agrees not to waste the utilities provided by the HAP and to comply with any applicable law, regulation, or guidelines with any governmental entity regulating utilities. The Resident authorizes utility suppliers to provide HAP with periodic data necessary to adjust utility allowances based on rate adjustment, or any other data necessary to adjust utility allowances pertinent to consumption. Resident further agrees to sign any authorization needed to obtain information from the utility company. 

Section 7. REDETERMINATION OF RENT AND FAMILY COMPOSITION

Each year, by the date specified by the HAP, Residents who are paying rent based upon their income shall provide updated information regarding income, assets, expenses, and family composition. The HAP shall verify the information supplied by the Resident and use the verified information to establish the amount of the Resident's rent for the next year. Failure to supply such information is a serious violation of the terms of this Lease for which HAP may seek to terminate the Lease. All information must be verified. Resident agrees to comply with the HAP's request for reexamination by signing releases for third-party sources, presenting documents for review, or providing other suitable forms of verification in a timely manner. The HAP shall give the Resident reasonable notice of what actions Residents must take and of the date by which such action must be taken for compliance under this section. This information will be used by the HAP to decide whether the amount of rent should be changed and whether the dwelling size is still appropriate for the Resident's needs. This determination will be made in accordance with the ACOP, which is publicly posted in the HAP's Office.

  1. Income Exclusions: At the time of the annual review, the HAP shall advise the Resident of any income that will be excluded from consideration. Increased earnings due to employment shall be excluded during the twelve month period following hire for families whose income has increased because of the employment of a family member who was previously unemployed for one or more years, whose earned income increases during participation in a self- sufficiency program, or because of assistance by a State TANF program within the last six months.
  2. Rent Choice Option: Income reviews will be held every third year for Residents choosing the flat rent option. Residents who have chosen this option will be notified at the appropriate time for their recertification. At the time of the review appointment, the Resident may elect to change his or her rent choice option. In cases where annual income cannot be projected for a twelve-month period or if the Resident is reporting no income and Resident has chosen the percentage of income rent option, the HAP will schedule special rent reviews every thirty (30) days. In addition, the Resident may request a change in the rent choice option before the date of the review if the family experiences a decrease in income; their circumstances have changed increasing their expenses for child care, medical, etc.; or other circumstances create a hardship on the family such that the formula method would be more financially feasible for the family. Residents paying rent based on income may meet with the HAP to discuss any change in rent resulting from  the recertification process; and, if the Resident does not agree with the determination of Resident rent, the Resident may request a hearing in accordance with the HAP's grievance procedures (in Handbook).
  3. Changes in Household Composition: When a change in household composition occurs, it is the responsibility of the Resident to report all changes IMMEDIATELY and provide appropriate documentation. In the case of the removal of an income-producing household member, the HAP will require at least two documents verifying the new address or other evidence deemed acceptable to the HA, such as, utility bills; driver’s license; automobile registration; voter registration; employer’s verification; or a lease / rent receipt. In addition, when joint leaseholder dissolves a family relationship, the remaining family member must provide legal documents or other court papers indicating that a family member has left the household. Acceptable documentation is a Petition for Dissolution of Marriage, a Petition for an Order for Protection, or a Petition for Legal Separation, or other acceptable documentation. 

Section 8. INTERIM RENT ADJUSTMENTS

Resident must report within ten (10) calendar days any of the following changes in household circumstances that occur between Annual Rent Recertifications:

  1. A member has been added to the family through birth, adoption, or court-awarded custody. Adding a member who has married someone listed on the Lease requires prior written approval by HAP. This includes other adults who join the household.
  2. A household member is leaving or has left the family unit.

In addition, Residents paying rent based on a percentage of income must report within ten (10) business days the following activities that occur between Annual Rent Recertifications:

  1. An increase or decrease in income or assets for any family member;
  2. Childcare expenses for children under the age of 13 that are necessary to enable a member of the household to be employed or go to school;
  3. Handicapped assistance expenses that enable a family member to work;
  4. Medical expenses of elderly, disabled, or handicapped households that are not covered by insurance;
  5. Other family changes that impact their adjusted income.

Notwithstanding the provisions listed above, a Resident’s rent shall not be reduced if the decrease in the family’s annual income is caused by a reduction in the welfare or public assistance benefits received by the family that is a result of the Resident’s failure to comply with the conditions of the assistance program requiring participation in an economic self-sufficiency program or other work activities. In addition, if the decrease in the family’s annual income is caused by a reduction in welfare or public assistance benefits received by the family that is the result of an act of fraud, such decrease in income shall not result in a rent reduction. In such cases, the amount of income to be attributed to the family shall include what the family would have received had they complied with the welfare requirements or had not committed an act of fraud.

For purposes of rent adjustments, the reduction of welfare or public assistance benefits to a family that occurs as a result of the expiration of a time limit for the receipt of assistance will not be considered a failure to comply with program requirements. Accordingly, a Resident’s rent will be reduced as a result of such a decrease. 

The HAP shall verify the information provided by the Resident to determine if an increase or decrease in the rent is warranted. All changes must be verified according to HUD guidelines. 

Section 9. EFFECTIVE DATE OF RENT CHANGE

The HAP shall give the Resident written notice of any change in the Resident’s rent. The notice shall be signed by the HAP, state the new amount the Resident is required to pay, and state the effective date of the new rental amount.

  1. Rent Decreases: The HAP shall process rent decreases so that the lowered rent amount becomes effective on the first day of the month after the Resident reports the change in household circumstances. This rent change may be made retroactive to the appropriate date if less than five (5) working days have been given to the HAP to process this change.
  2. Rent Increases: The HAP shall process rent increases so that the Resident is given no less than 30 days advance written notice of the amount due, provided that the Resident has reported changes in a timely manner.

Once the rental rate is established, it shall remain in effect until the effective date of the next annual review, unless another interim review and change is warranted, or the Resident elects to change to or from flat rent calculation method.

Section 10. RESIDENT OBLIGATION TO REPAY

Residents who pay rent based on income shall reimburse the HAP for the difference between the rent that was paid and the rent that should have been charged if proper notice of income change had been given and if the following circumstances occur:

  1. Resident does not submit rent review information by the date specified in the HAP's request; or
  2. Resident submits false information at admission; or at annual, special, or interim review.

Resident is not required to reimburse the HAP for undercharges caused solely by the HAP's failure to follow U.S. Department of Housing and Urban Development's procedures for computing rent.

Section 11. RESTRICTION ON ALTERATIONS

The Resident shall not do any of the following:

  1. dismantle, change, or remove any part of the appliances, fixtures or equipment in the dwelling unit;
  2. paint or install permanent wallpaper or border in the dwelling unit;
  3. attach awnings or window guards in the dwelling unit;
  4. attach or place any fixtures, signs, or fences on the building(s), the common areas, or the property grounds;
  5. attach any shelves, screen doors, or other permanent improvements in the dwelling unit;
  6. install or alter carpeting, resurface floors or alter woodwork; 
  7. install unauthorized ceiling fans or air conditioners in the dwelling unit. Resident must contact maintenance for dryer vent installation;
  8. place any antennas, satellite dishes, or other electrical connections on the dwelling unit;
  9. install additional or different locks or gates on any doors or windows of the dwelling unit; or
  10. use any nails, tacks, screws, brackets, or fasteners on any part of the apartment (a reasonable number of picture hangers is excepted);
  11. not change or replace any energy efficient light bulbs. Maintenance must be called to replace all energy efficient bulbs. 

Section 12. ACCESS BY HAP

The HAP shall provide 48 hours written advance notice to the Resident of HAP’s intent to enter the dwelling unit for the purpose of performing routine inspections and preventive maintenance. The notice shall specify the date, and purpose for the entry. The Resident shall permit the HAP, its agents, or other persons, when accompanied by the HAP, to enter the dwelling unit, during reasonable hours, for these purposes. In the event that the Resident and all adult members of the household are absent from the dwelling unit at the time of entry, the HAP shall leave a notification stating the date, time, name of the person entering the dwelling unit, and the purpose of the visit. A Resident's request for repairs, maintenance or services constitutes permission to enter the premises. Residents must also allow pest control workers and contractors hired by the HA to enter the unit as needed to perform work.

The HAP may enter the dwelling unit at any time without advance notice when there is reason to believe an emergency exists.

Section 13. TRANSFERS

  1. Resident agrees that if HAP determines that the size of the apartment is no longer appropriate to Resident's needs, the HAP shall send Resident written notice. Resident further agrees to accept a new Lease for a different apartment of the appropriate size or design, and to leave the apartment from which Resident is being moved in clean and safe condition, according to the HA’s Cleaning Requirements (in Handbook). Resident will be charged for any excess cleaning the HA must complete or for any damages beyond normal wear and tear.
  2. The HAP may move a Resident into another apartment if it is determined necessary to rehabilitate Resident's apartment.
  3. If a Resident makes a written request for special apartment features in support of a documented disability and HAP approves the request, HAP shall have the choice to modify Resident's existing apartment or transfer Resident to another apartment, when available, with the features requested.
  4. A Resident without disabilities who is housed in an apartment with special features must transfer to an apartment without such features, when available, should a Resident with disabilities need the apartment.
  5. In order to make the full and best use of accessible apartments, a Resident with disabilities, occupying an assessable apartment, may be transferred to another accessible apartment. Transfers of this type will be made to permit occupancy of an accessible apartment by another disabled person who needs the full range of features offered by the apartment. 
  6. In the case of a required HAP transfer, Residents shall be required to move into an apartment made available by the Housing Authority.
  7. In all transfers, the time to move will not exceed three (3) calendar days unless an unusual hardship condition exists. Resident may be charged a fee of $5.00 for each day that the keys are not turned in. If the Resident fails to move to the designated dwelling unit within the notice period specified by the HAP, the HAP may terminate this Lease.
  8. HAPwillconsideranyResidentrequestfortransfersinaccordancewiththetransferprioritiesestablished in the ACOP.
  9. All costs related to unit transfers will be borne by the Resident with the exception of (B) and (C) above.

Section 14. OCCUPANCY OF THE PREMISES AND RESIDENT'S OBLIGATIONS 

  1. Use and Occupancy of Dwelling: Resident shall have the right to exclusive use and occupancy of the apartment for Resident and other household members listed on the Lease. This provision permits reasonable accommodation of Resident’s overnight guests or visitors for a period not exceeding seven (7) consecutive days/nights or fourteen (14) calendar days each year. Permission may be granted, upon written request to the HAP, for an extension of this provision. Resident must advise the property manager of all guests staying overnight who are not on the lease. Should the visitor or guest arrive after hours, the resident must report visitor or guest before the end of the next business day.
  2. Ability to Comply with Lease Terms: If, during the term of the Lease, Resident develops a diminished capacity to care for the apartment and, by reason of physical or mental impairment, is no longer able to comply with the material provisions of the Lease and cannot make arrangements for someone to aid him/her in complying with the terms of the Lease, and the HAP is unable to make reasonable accommodations, the HAP will defer to a designated member of the Resident’s family or some other suitable person for relocation assistance. If no such assistance is forthcoming, the HAP will provide referrals to appropriate agencies and will initiate action to terminate the Lease. The HAP will not assume responsibility for the actual move or moving costs. At the time of admission and during annual recertifications, all Residents must identify someone to be contacted in the case of emergency. This information is kept in the Resident’s file at the Property Manager’s office. (See Part I, Section 7 of the Dwelling Lease).
  3. In consideration of these rights, the Resident shall:
  1. Pay rent and all other rightful charges no later than the tenth (10th) calendar day of the month.
  2. Refrain from and cause the Resident’s household members, visitors and guests to refrain from either negligently, willfully, intentionally and/or maliciously destroying, defacing, damaging or removing any part of the premises (including the HAP supplied appliances and other contents thereof or any HAP owed property.)
  3. Pay reasonable charges, other than for normal wear and tear, for the maintenance, labor, materials and repair of damages to the premises, property, building facilities, grounds or common areas caused by Resident, Resident’s household members, visitors, or guests. 
  4. Refrain from and caused the Resident’s household members, visitors, and guests of any age, to refrain from the consumption (unless such consumption is within the confines of Resident’s apartment), the sale, or distribution of any alcoholic beverage while on the HAP’s premises. Consumption, sale, or distribution of any alcoholic beverage that threatens the health, safety, or right to peaceful enjoyment of other Residents or employees of HAP is a serious violation of the Lease and constitutes grounds for termination of the Lease.
  5. Use the apartment solely as a private apartment for the Resident and Resident’s household members identified in Part I, Section 1 of this Lease, and not to use or permit its use for any other purpose, unless the HAP consents to the use of the apartment for legal profit-making activities incidental to its primary use as a residence. Residents are not allowed to sell any items out of unit or use it as a business of any kind. This provision does not exclude the care of foster children or live-in care of a member of Resident’s family, provided the accommodation of such persons conforms to the HAP’s ACOP standards, and so long as the HAP has granted prior written approval for the foster child(ren), or live-in aide to reside in the apartment.
  6. Not allow any person not listed as household members in Part I, Section I to receive mail at Resident’s address.
  7. Abide by necessary and reasonable policies and procedures and all addenda thereto promulgated by the HAP for the benefit and well being of the housing development and the Residents, and any other policies and procedures promulgated during the term of this Lease. These regulations are posted in a conspicuous manner in the HAP’s Office and incorporated hereto and made a part hereof by reference.
  8. Comply with all obligations imposed upon Residents by the applicable provisions of federal, state, county, city, and other municipal building, occupancy, and housing codes.
  9. Dispose of all ashes, rubbish, and other waste from the apartment in a sanitary and safe manner and only in containers approved by the HAP. All garbage shall be put in plastic bags and put into dumpsters or city supplied trashcans. Residents shall refrain from, and cause members of Resident's household or guests to refrain from, littering or leaving trash and debris (including glass containers) in common areas or grounds. Residents are to keep assigned yard areas in a clean and orderly condition at all times. Grounds must be kept free of all litter and trash regardless of how it got there. Only furniture designed for outdoor use, barbeque grills, and flowerpots are to be put on porches. Furniture items must be disposed of properly. Discarded items may NOT be placed outside the apartment— NOT EVEN FOR SHORT PERIODS OF TIME. The HAP will pick up large items, but it is the Resident’s responsibility to call the maintenance department for scheduled pick-up. Failure to comply with any aspect of this regulation shall be subject to charges under Schedule of Resident Charges.
  10. Abide by the HAP’s Cleaning Standards as outlined in the Resident Handbook.
  11. Use all electrical, plumbing, heating, ventilating, and other facilities and equipment in a reasonable manner.
  12. Refrain from illegal conduct or actions detrimental to the other Residents or employees of the HAP.
  13. Only have Waterbeds in first floor bedrooms. In such cases, the Resident must provide proof of insurance and will be held responsible for all damages to HAP property resulting from water leaks or other defects. 
  14. Act, and cause household members or guests to act, in a manner that will not disturb other Residents’ peaceful enjoyment of their accommodations, no matter the hour of day; and be conducive to maintaining all HAP developments in a decent, safe, and sanitary condition. The Resident agrees not to make or permit noises or acts that will disturb the rights or comfort of neighbors, including, but not limited to, keeping the volume of any radio, stereo, television, or musical instrument at a level which will not disturb neighbors.
  15. Refrain from, and cause members of Resident's household and guests to refrain from, acting or speaking in an abusive or threatening manner toward other Residents and visitors, HAP staff, police, contractors, HA Daycare employees and emergency response personnel.
  16. Refrain from storing any flammable materials or gas-powered vehicles inside the premises (kerosene, gasoline, explosives, etc.). Resident must not do or permit any act deemed hazardous by the HAP which would create fire or that would increase the rate of insurance on said premises or building. In the event of Resident caused fire, the Resident agrees to pay the current HAP insurance deductible amount as damages and shall promptly remove all belongings from a fire-damaged apartment and dispose of them. Resident shall take reasonable precautions to prevent fires, shall not disconnect any smoke detector, and will report immediately any smoke alarm that is not working properly. Residents shall not tamper with the smoke detector to render it ineffective for its intended use. Disconnection of the smoke alarm for any reason is a material non-compliance of this Lease and will result in a $50.00 fine to the Resident or in eviction. It is required that all hard wired smoke detectors in public housing dwelling units be inspected once a month. The HAP during its normal routine of annual inspections, pest control, and during a routine request of maintenance by the Resident, will test the smoke detector. It shall be the responsibility of the Residents to test their own smoke detectors and report any malfunctions for any month that the maintenance is not in Resident's unit for any of the above reasons.
  17. Avoid obstructing sidewalks.
  18. Residents shall not erect radio antennas, television antennas, or any other objects on or from any part of the apartment or building.
  19. Refrain from placing signs of any type outside the apartment except those allowed under applicable zoning ordinances and only after having received written permission from HAP. Nothing herein contained shall inhibit the Resident from having seasonal decorations placed by tape on outer doors.
  20. Perform any required community service or be exempted therefrom.
  21. Refrain from parking or driving Resident or guest automobiles across lawn areas at any time. This includes backing up to the unit during moving in or moving out of the unit or when unloading groceries. Automobile repairs and non-operable vehicles are not permitted on development sites (this includes cars on jacks or blocks). Each household must register all automobiles with HAP. Residents are not to use more than 2 parking lot spaces. Any additional vehicles must be parked on the street or in other HAP approved parking areas. Vehicles must not block access to dumpster areas AT ANY TIME. To achieve proper identification of Resident vehicle(s), Residents must obtain a numbered decal and place it in the rear window of the authorized vehicle(s). Tenants will be required to register all eligible vehicles and show proof of control. In addition, guests staying overnight will be required to obtain a temporary permit. Violation of this rule may result in towing of the offending vehicle at the owner’s expense. Any vehicle that is non-operable or has tags over 1 month expired shall be towed at the owner’s expense. 
  22. Use reasonable care to keep the apartment in such condition as to ensure proper health and sanitation standards for Resident, household members and neighbors. RESIDENT SHALL NOTIFY THE HAP PROMPTLY OF KNOWN NEED FOR REPAIRS TO RESIDENT’S DWELLING UNIT AND OF KNOWN UNSAFE OR UNSANITARY CONDITIONS IN THE APARTMENT OR IN COMMON AREAS AND GROUNDS OF THE HAP. Resident's failure to report the need for repairs in a timely manner shall be considered to contribute to any damage that occurs.
  23. Not commit fraud in connection with any federal housing assistance program, and not receive duplicate assistance for occupancy of any other apartment assisted under any federal housing assistance program during the term of the Lease.
  24. Promptly pay utility bills supplied to Resident by a direct connection to the utility company, and to avoid disconnection of utility service. Such disconnection is a breach of the Lease and the violator will be subject to a legal process, including eviction proceedings (see Section 6 (E)).
  25. Not change or adjust the preset temperature on the hot water heater. HUD has mandated that water be heated to no more than 120 degrees.
  26. Notify the HAP in advance and to make arrangements for the care of the premises if Resident and Resident's household plans to be away from the premises for more than fifteen (15) consecutive days.
  27. Not allow any animals on the premises without PRIOR WRITTEN APPROVAL FROM THE HAP. This includes visiting animals. All pets shall be subject to a pet deposit and annual pet fee, according to the HA’s Pet Policy.
  28. Explain these rules to all household members and guests, be responsible for abiding by these rules, and have all household members and guests also abide by them.
  29. Not chain bikes or other objects to the gas lines on the exterior of the units.
  30. Control all children, including those in the household and those visiting the Resident. HAP will contact Social Services if necessary in situations of neglect or abuse.
  31. Not have yard sales without the expressed approval of the HAP.
  32. Be held strictly responsible for any loss or damage to this and other apartments resulting from overflow of sinks, bathtubs or basins in the apartment as well as stopped up drains and sewers.
  33. Use only 40-watt light bulbs in range hoods. Call Maintenance Department for replacement of all energy efficient light bulbs. Resident shall be charged the cost of material and labor if bulb is replaced by Resident. Any damage to fixtures caused by the use of any bulb of inappropriate wattage will be Resident’s responsibility.
  34. Refrain from using any nail or hook on any exterior portion of any building, including the porch area.
  35. Disconnect any water hoses from exterior faucets after use. Any damages caused by hoses left connected to faucets will be charged to the Resident.
  36. Not have any type of swimming or wading pools. 

Section 15. CRIMINAL ACTIVITY

A. ONE STRIKE POLICY

IT IS A SERIOUS VIOLATION OF THE TERMS OF THIS LEASE WHEN A RESIDENT, MEMBER OF HIS/HER HOUSEHOLD, GUEST, OR ANY OTHER PERSON UNDER RESIDENT'S CONTROL ENGAGES IN ANY CRIMINAL ACTIVITY THAT THREATENS THE HEALTH, SAFETY OR RIGHT OF PEACEFUL ENJOYMENT OF HAP PREMISES BY OTHER RESIDENTS, OR EMPLOYEES OF HAP, OR ENGAGES IN ANY DRUG RELATED CRIMINAL ACTIVITY ON OR OFF HAP PREMISES.

ANY DRUG RELATED OR CRIMINAL ACTIVITY SHALL BE CONSIDERED A SERIOUS VIOLATON OF THE MATERIAL TERMS OF THIS LEASE. A CRIMINAL CONVICTION OR ARREST IS NOT NECESSARY FOR THIS LEASE TO BE TERMINATED AND FOR EVICTION ACTIONS TO BEGIN. CRIMINAL ACTIVITY OR DRUG RELATED CRIMINAL ACTIVITY IS CAUSE FOR EVICTION WITHOUT AN ARREST OR CONVICTION. ANY EVICTION FOR A DRUG RELATED OR VIOLENT OFFENSE SHALL RESULT IN AUTOMATIC BARRING FROM PROPERTY.

For the purposes of this Section of the Lease, criminal activity that threatens the health, safety or right to peaceful enjoyment of the premises by other Residents or employees of the HAP, shall include, but is not limited to, any of the following:

  1. Physical assault or the threat of physical assault to any person whatsoever;
  2. Illegal possession or use of a firearm or other weapon or the threat to use a firearm or other weapon;
  3. Sexual molestation, debauchery of a minor, prostitution and other similar or related sexual misconduct.
  4. Sale or distribution of any alcoholic beverage except through a normal commercial enterprise off the premises of HAP.

For the purpose of this Section of the Lease, drug-related criminal activity means the following:

Illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute or use, of a controlled substance, simulated substance, or substances commonly known as, but not limited to cocaine, heroin, marijuana, opium and further defined as in Section 102 of the Controlled Substances Act (21 U.S.C. 802), unless such controlled substance or substances were obtained directly pursuant to a valid prescription or order.

“It shall be cause for immediate termination of the tenancy of a HAP Resident if such Resident, or a household member or guest (1) is fleeing to avoid prosecution, custody, or confinement after conviction under the laws of the place from which the individual flees, or (2) is violating a condition of probation or parole imposed under Federal or State law.”

B. RESIDENT ACKNOWLEGMENT

Therefore, Resident agrees as follows:

  1. Resident, members of his/her household, guests, or any other person under Resident's control shall neither engage in any criminal activity on the HAP's premises, wherever located, that threatens the health, safety or right to peaceful enjoyment of the HAP's premises by other Residents, or employees of HAP, nor engage in any drug related criminal activity on or off the HAP's premises; and 
  2. It shall be refutably presumed that any individual who is listed on the Lease as a member of Resident's household, or who otherwise is listed in HAP files as a member of Resident's household, and who engages in any criminal activity, jeopardizes the Resident and Household’s right to continued occupancy. Unless the Resident, before the date of any incident giving rise to any criminal activity, shall have specifically informed the HAP in writing that said individual is no longer a member of his/her household and no longer occupies the premises; and
  3. It shall be refutably presumed that any person engaging in said criminal activity is a guest or a visitor of the Resident or a member of Resident's household if said criminal activity takes place on the premises assigned to that Resident.

Compliance with this Section of the Lease is a material condition of the Lease for continued occupancy of the premises by the Resident, his household members and guests and any breach of this Section of the Lease by the Resident, his/her household members or guests shall be cause for termination of this Lease. If HAP believes, in good faith, that a breach of this Section of the Lease has occurred, it may terminate this tenancy without regard to the following:

  1. whether or not any person, whose conduct is at issue, has been arrested, charged, or convicted by law; or
  2. whether or not the Resident had knowledge, in fact, of criminal activity engaged in by a member of said Resident's household or of any guest or invitee of said Resident or of a member of said Resident's household.

For the purposes of this Section of the Lease it shall be conclusively presumed that a breach hereof constitutes a serious and clear danger to the health or safety of other Residents or employees of the HAP. Any violation of this Section is a serious violation of a material term of the Lease, and is good cause for termination of tenancy and for eviction from the apartment.

Section 16. HAP OBLIGATIONS

A. The obligations of the HAP under this Lease shall include the following:

  1. To maintain the apartment and the development in a decent, safe and sanitary condition;
  2. To comply with the requirements of applicable building codes, health codes, housing codes, and HUD regulations materially affecting health and safety;
  3. To make necessary repairs to the apartment;
  4. To keep its buildings, facilities and common areas, not otherwise assigned to the Resident for maintenance and upkeep, in a clean and safe condition;
  5. To maintain in good and safe working order and condition electrical, plumbing, sanitary, heating, ventilating, and other facilities and appliances supplied or required to be supplied by the HAP;
  6. To supply reasonable amounts of heat at appropriate times of the year (according to local custom and usage);
  7. To notify the Resident of specific grounds for any proposed adverse action by the HAP. (Such adverse action includes, but is not limited to, a proposed Lease termination, rent increase, transfer of the Resident to another apartment, or imposition of charges for maintenance and repair, or for excess consumption of utilities); 
  8. To afford the Resident the opportunity for a hearing (when the HAP is required to) under the HAP grievance procedure for a grievance concerning a proposed adverse action:
    a)  The notice of proposed adverse action shall inform the Resident of the right to request such a hearing. In the case of a Lease termination, a notice of Lease termination in accordance with Code of Federal Regulations 966.41(1)(3) shall constitute adequate notice of proposed adverse action.
    b)  In the case of a proposed adverse action, other than a proposed Lease termination based on criminal activity that threatens the health, safety or right to peaceful enjoyment of the HAP's premises by other Residents or employees of the HAP, or is drug related and occurs on or off the HAP premises, the HAP shall not take the proposed action until the time for the Resident to request a grievance hearing has expired, and (if a hearing was timely requested by the Resident) the grievance process has been completed.
  9. To encourage all Residents to join and participate in Resident activities and organizations, such as local Resident clubs and organizations and the HAP Resident Advisory Council.

B. HAP IS NOT RESPONSIBLE FOR LOSS OR DAMAGE TO RESIDENT'S PERSONAL PROPERTY FROM CRIMINAL OR OTHER ACTIVITY BEYOND THE CONTROL OF THE HAP. HAP SUGGESTS THAT RESIDENTS SHOULD HAVE RENTER'S INSURANCE FOR THE PROTECTION OF RESIDENT'S HOUSEHOLD GOODS AND FURNISHINGS.

Section 17. INSPECTIONS

  1. Move-in Inspection: The HAP and Resident or representative shall inspect the apartment prior to occupancy by Resident. The HAP will give Resident a written statement of the condition of the apartment, both inside and outside, and note any equipment provided with the apartment. The statement shall be signed by both the HAP and Resident and a copy of the statement retained in Resident's folder. Any deficiencies requiring correction noted on the inspection report will be corrected by the HAP, at no charge to Resident.
  2. Annual Inspections: A thorough inspection of Resident's apartment will be conducted annually to ensure that HAP property is being properly maintained and to note any necessary repairs to the premises and its equipment.
  3. Move-out Inspection: Upon move-out, an inspection will be made by the HAP staff. Resident and/or representative may join in such inspection unless Resident vacates without proper notice to the HAP.
  4. Special Inspections: The HAP has the right to schedule a special inspection on any unit as deemed necessary.

Section 18. ENTRY OF PREMISES DURING OCCUPANCY

  1. Resident agrees that the duly authorized agent, employee or contractor of the HAP will be permitted to enter Resident's dwelling during reasonable hours (7:30 a.m. to 4:30 p.m.) for the purpose of performing routine maintenance, making improvements or repairs, or inspecting the apartment. If Resident is absent from the apartment when the HAP comes to perform maintenance, Resident's request for maintenance shall constitute permission to enter. 
  2. HAP shall give Resident at least forty-eight (48) hours written notice that the HAP intends to enter the apartment, with the exception of maintenance requested by the Resident or repairs resulting from a scheduled inspection. The HAP may enter Resident's apartment at any time without advance notification when there is reason to believe that an emergency exists. If Resident and all adult members of the household are absent from the apartment when the HAP enters for inspections, repair, or emergencies a written statement specifying the date, time and purpose of the entry shall be left in a conspicuous place in the apartment prior to leaving the premises. 

Section 19. NOTICE PROCEDURES

Notice by HAP and Resident, one to another, shall be as follows:

  1. Notice to the HAP by the Resident shall be in writing and either personally delivered to the appropriate Property Manager’s office, delivered to the HAP Main Office, or sent by prepaid first class mail, properly addressed as follows: Housing Authority of Paducah, 2330 Ohio Street, Paducah, KY 42003.
  2. The HAP shall give notice to a Resident in writing and delivered, either personally by HAP or authorized agent, to the Resident or to any adult member of Resident’s household residing in the dwelling, or sent by prepaid first class mail, properly addressed to the Resident. If the Resident is visually impaired, notices shall be delivered in a manner acceptable to both parties.

Section 20. TERMINATION OF LEASE BY HAP

Any termination of this Lease shall be carried out in accordance with U.S. Department of Housing and Urban Development regulations, State and local law, and the terms of this Lease. This Lease may be terminated for a serious or repeated violation of material terms of the Lease, such as failure to make payments due under the Lease or to fulfill Resident obligations set forth in Section 14 above, or for other good cause. Such serious or repeated violation of terms shall include, but not be limited to:

  1. nonpayment of rent or other charges due under the Lease (i.e. utilities, repairs), or repeated chronic late payment of rent which results in the filing of eviction proceedings in court (two times in a twelve month period);
  2. failure to provide timely and accurate statements of income, assets, expenses and family composition at admission, interim, special or annual rent recertifications; failure to attend scheduled reexamination interviews; or failure to cooperate in the verification process if the Resident has chosen to pay rent based on a percentage of income;
  3. furnishing false or misleading information during the application or review process;
  4. assignment or subleasing of the premises or providing accommodation for boarders or lodgers;
  5. use of the premises for purposes other than solely as a dwelling unit for the Resident and Resident's household as identified in this Lease, or permitting its use for any other purpose without the written permission of the HAP; 
  6. failure to abide by necessary and reasonable rules made by the HAP for the benefit and well being of the housing development and the Residents;
  7. failure to abide by applicable building and housing codes materially affecting health or safety;
  8. failure to dispose of garbage, waste and rubbish in a safe and sanitary manner;
  9. failure to use electrical, plumbing, heating, ventilating, air conditioning and other equipment, in a safe manner;
  10. acts of destruction, defacement or removal of any part of the premises, or failure to cause guests to refrain from such acts;
  11. failure to pay reasonable charges for the repair of damages to the premises, property, buildings, facilities or common areas;
  12. any activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other Residents or employees of the Authority;
  13. any violent or drug-related criminal activity on or off the premises, according to Section 15, Criminal Activity and the HAP’s “One Strike and You’re Out” policy;
  14. determination by the HAP that a household member is illegally using a drug;
  15. alcoholabusethattheHAPdeterminesinterfereswiththehealth,safety,orrighttopeacefulenjoymentof the premises by other Residents;
  16. failure to perform required community service or be exempted therefrom (while this provision is in force);
  17. failure to allow inspection of the dwelling unit by HA, or to allow maintenance employees and contractors to enter unit and perform work, or allow pest control to enter and spray the unit for roaches;
  18. determination that a family member has knowingly permitted any person not listed on the Lease to permanently reside in their public housing unit;
  19. determination or discovery that a Resident is a registered sex offender;
  20. any fire on HAP premises caused by either carelessness, failure to supervise children, unattended cooking, or disconnecting of the smoke detector for any reason;
  21. failure to pay utility bills when Resident is responsible for paying such bills directly to supplier of utilities;
  22. escorting a known barred person anywhere on HAP property or allowing a known barred person to have access to the apartment (it is Resident’s responsibility to check the barred list for visitor’s names);
  23. any violations of the Resident Handbook;
  24. any other good cause. 

For all evictions other than nonpayment of rent, the Resident will remain liable for payment of rent and acceptance of rent will not constitute a waiver.

Section 21. NOTICE OF LEASE TERMINATION

If the HAP proposes to terminate this Lease, the Resident shall be given written notice of the proposed termination, as listed below:

  1. for failure to pay rent, fourteen (14) days;
  2. for creation or maintenance of a threat to health or safety of other Residents or the HAP's employees, or for violation of the ONE STRIKE policy (Section 15, A), seven (7) calendar days;
  3. for all other cases, thirty (30) days, unless State law permits a shorter period.

The notice of termination to the Resident shall state specific reason for the termination and shall inform Resident of

his right to file a grievance (except in cases of eviction for drug related offenses or other One Strike violations).

Any notice to vacate the premises which is required by state or local law may be combined with, or run concurrently with, the notice of Lease termination set out in this section. If an eviction action is filed, the Resident will be charged with court costs and attorney fees unless the resident prevails in court.

The Notice of Lease Termination from the HAP either personally delivered by the HAP or authorized agent to the Resident or to an adult member of the Resident's family residing in the dwelling unit, or sent to the Resident by certified mail, properly addressed, postage pre-paid. The notice shall:

  1. specify the date the Lease shall be terminated;
  2. state the grounds for termination with enough detail for the Resident to prepare a defense. The HAP shall rely solely on the grounds stated in the Notice of Lease Termination in the event eviction action is initiated;
  3. advise the Resident of the right to reply as he or she may wish, to examine the HAP's documents directly relevant to the termination or eviction, to use the Grievance Policy to contest the termination, and/or to defend the action in court.

In deciding to evict for criminal activity, the HAP shall have discretion to consider all of the circumstances of the case, including the seriousness of the offense, the extent of participation by family members, and the effects that the eviction would have on family members not involved in the activity. In appropriate cases, the HAP may permit continued occupancy by remaining family members and may impose a condition that family members who engaged in the proscribed activity will not reside in the apartment or be allowed on the HAP’s property. The Resident will be in violation of the Lease for allowing a barred person to have access to the unit or escorting the barred person anywhere on HAP property. It is Resident’s responsibility to check the barred list for visitor’s names. The HAP may require a family member who has engaged in illegal use of drugs to present credible evidence of successful completion of a treatment program as a condition of being allowed to reside in the apartment.

When the HAP evicts an individual or family from an apartment for engaging in criminal activity, including drug- related criminal activity, the HAP shall notify the local post office serving that apartment that such individual or family is no longer residing in the apartment (so that the post office will terminate the delivery of mail for such persons at the apartment, and that such persons not return to the HAP premises for pick-up of the mail). 

The HAP may terminate this Lease for serious or repeated violations of Resident's obligations under any section of this Lease or for other good cause. The specific mention in this Lease that certain violations are considered serious violations and grounds for termination of the Lease does not prohibit the HAP from asserting in any proceeding that other violations of the Lease are serious violations and grounds for termination. The HAP's failure to terminate the Lease for a serious repeated violation shall not prohibit the HAP from terminating the Lease based upon a Resident's subsequent, serious or repeated violation.

Section 22. LEASE TERMINATION BY RESIDENT

The Resident may terminate this Lease by giving a thirty (30) calendar day notice to HAP in writing as described in Section 19. If the Resident does not give the full notice, the Resident shall be liable for rent to the end of the notice period or the date the HAP first becomes aware the unit is vacant.

Section 23. TERMINATION OF LEASE UPON DEATH OR INCAPACITY OF RESIDENT

Upon the death of the Resident, or if there is more than one Resident, upon the death of all Residents, either the HAP or the personal representative of the Resident's estate may terminate this Lease and have 30 days to vacate the apartment. Rent charges will cease upon the date of Resident’s death. If the apartment is not vacated within 30 days following the death, rent charges shall resume. The termination of the Lease under this section shall not relieve the Resident's estate from liability either for payment of rent or other amounts owed prior to or during the notice period, or for the payment of amounts necessary to restore the premises to their condition at the beginning of the Resident's occupancy, normal wear and tear excepted.

If during the term of this Lease, the Resident, by reason of physical or mental impairment, is no longer able to comply with the material provisions of this Lease, and the HAP cannot make a reasonable accommodation to enable the Resident to comply with the Lease, then action shall be taken. The HAP will assist the Resident or designated member(s) of the Resident's family to move the Resident to more suitable housing. If there are no family members, the HAP will work with appropriate agencies to secure suitable housing. If Resident is permanently confined to a nursing home, rent will cease upon the date keys are turned in to the HAP. A Resident may be temporarily absent from the unit for a maximum of 6 consecutive months, provided that the rent charges continue to be paid.

Section 24. PROPERTY ABANDONMENT

The HAP will consider a unit to be abandoned when a Resident has fallen behind in rent and has clearly indicated by words and actions an intention not to continue living in the unit. After the HAP has legally regained possession of the unit, they shall dispose of the Resident's personal property remaining on the premises. The HAP has a claim against the Resident for reasonable costs and expenses incurred in removing the property. In addition, the Resident is responsible for ongoing rent charges until the date the HAP becomes aware the unit is vacant. The HAP can collect from the Resident all these costs.

Section 25. SOLICITATION, TRESPASSING AND BARRING OF NON-RESIDENTS

The HAP is committed to providing a decent, safe and sanitary environment throughout the HAP’s property. The Resident hereby delegates to the HAP, or agrees to the HAP’s reservation of the following rights to aid in providing a decent, safe and sanitary environment throughout the HAP’s property:

A. Resident delegates to the HAP the right, to be exercised by its employees and authorized agents, to regulate solicitation and prohibit trespassing on HAP property by non-residents of the HAP, unless the express written permission of the HAP is properly obtained in advance and in accordance with any applicable policies and/or procedures of the HAP. The HAP shall exercise this right to the extent allowable by all applicable laws and/or regulations. 

B. The HAP reserves the right, to be exercised by its employees and authorized agents, to bar non-residents, including but not limited to, guests (as defined herein) who:

  1.  conduct themselves in a manner which disturbs the Residents' peaceful enjoyment of their accommodations, community facilities or other areas of HAP property;
  2. engage in illegal or other activity that would impair the physical and social environment on the HAP premises;
  3. engage in any activity that may threaten the health, safety or peaceful enjoyment of the HAP premises by Residents of the HAP, employees of the HAP or persons lawfully on the premises;
  4. engage in criminal activity or drug-related criminal activity (as defined herein), on or off HAP premises;
  5. engage in destroying, defacing, damaging or removing HAP equipment, vehicles and/or any part of the dwellings, buildings, facilities, or other areas of the HAP premises;
  6. llegally possess or threaten the use of firearms and/or other offensive weapons anywhere on HAP premises;
  7. ntentionally violate necessary rules, regulations, policies and/or procedures set forth by the HAP for the benefit and well being of the HAP, Residents and employees in effect at the time this Lease is entered into and hereafter promulgated by the HAP, of which such non-residents have been made aware.

The HAP shall exercise these rights to the extent allowable by all applicable laws and/or regulations. Resident shall agree not to escort or allow any barred person to have access to the unit at any time. It is Resident’s responsibility to check the barred list for visitor’s names

Section 26. WAIVER

The failure or omission of the HAP to enforce provisions of this Lease for any cause given above shall not negate the right of the HAP to do so later for similar or other causes.

Section 27. DEFECTS HAZARDOUS TO LIFE, HEALTH OR SAFETY

In the event that the apartment is damaged to the extent that conditions are created which are hazardous to the life, health, or safety of the occupants, the HAP's responsibilities are:

  1. Repair of the apartment within a reasonable period of time after receiving noticef rom Resident, provided, if the damage was caused by the Resident, household members or guests, the reasonable cost of the repairs shall be charged to the Resident. The HAP shall refer Resident to a replacement apartment, if available, if necessary repairs cannot be made within a reasonable time. The Resident shall accept any replacement apartment offered by the HAP.
  2. In the event Resident refuses to occupy any replacement apartment, the Resident may live elsewhere, but the HAP will not be responsible to provide an additional apartment. 
  3. If HAP cannot repair the unit in a reasonable time and does not have an alternative apartment to offer the Resident, HAP must deduct the rent in proportion to the seriousness of the defect.

Section 28. GRIEVANCE PROCEDURE

All individual grievances or appeals shall be processed under the Grievance Policy. This policy is posted in the HAP's Office and included in the Resident Handbook.

Section 29. LEAD BASE PAINT

The brochure, “Protect Your Family from Lead in Your Home” is included in the Resident Handbook.

Section 30. DISCRIMINATION PROHIBITED

The HAP shall not discriminate based upon race, color, creed, religion, national origin, sex, martial status, age, disability, familial status, or receipt of public assistance. HAP shall comply with all nondiscrimination requirements of Federal, State and local law.

Section 31. MODIFICATION OF POLICIES

This Lease, along with the ACOP, including leasing information covering special charges for services and repairs, late rent charges, Grievance Procedure, Pet Regulations, Rules and Regulations governing the use of the premises, all Polices adopted by the Board of Commissioners which are posted at the Management Office, together with any future adjustment of rent, along with the rules and regulations of HAP now in effect, or hereinafter in effect upon notice to Residents as provided by law and this Lease, and any riders attached hereto, evidence the entire agreement between the HAP and the Resident providing, further, that the HAP may modify this Lease only after providing at least thirty (30) calendar days written notice to Resident setting forth the opportunity to present written comment which shall be taken into consideration by the HAP prior to the proposed modification becoming effective. Except for notice of rent adjustment required by Section 9, no other modifications herein shall be made except in writing, signed and dated by both parties herein. A copy of such notice shall be either delivered or mailed to each Resident or posted in the Office of the HAP.

Section 32. DESIGNATION OF CUSTODIAN

Resident will designate an adult person as Resident’s custodian to be responsible for removal of Resident’s personal property in the event of the death or incapacity of a sole Resident, or in the event that this agreement is terminated by the HAP and the Resident is otherwise unavailable. (See Part I, Section 7 of the Dwelling Lease). This information is kept in the Resident’s file at the Property Manager’s office. If the Resident and/or the Resident approved custodian fails to remove Resident’s possessions, all property shall be disposed of as provided in Section 23 of this Lease.

Section 33. RESIDENT HANDBOOK

The Resident agrees to obey the Resident Handbook requirements, which are related to the safety, care, and cleanliness of the building, and the safety, comfort, and convenience of the Residents. The HAP may modify such requirements from time to time, provided that the Resident receives written notice of the proposed change, reasons for the change, and an opportunity to submit written comments during a thirty (30) calendar day comment period at least thirty (30) days before the proposed effective date of the change in the Handbook. The existing Resident Handbook shall be posted and included with the Lease.