d by other than the undersigned but the unit will be vacated prior pancy by the Family as a result oluntary decision of occupant, or ion by Owner for cause, or (3) 'easons clearly unrelated to the ed leasing to the Family. nit is made available, managed, ed regardless of race, color, relisex, or national origin. ty and Utility Deposits. The ll will not require Authority aspay security and/or utility deamount of Owner's required sesit (not to exceed one month's The amounts of the re y deposits are: ty Determination. The Owner mily understand that the Aunotify them as to whether or >osed lease is approvable within 'iod specified in paragraph 4 of te of Family Participation. (Signature) Of Family Representative) - Address of Family) -AUTHORITY DETERMINATION t to the Owner and Family) able box.) 1. This Authority hereby ap-oposed lease between cated (Owner) for the dwell- ss and apartment number, if By: (Signature and Title) APPENDIX VI-LEASE PROVISIONS REQUIRED, "ADDENDUM TO LEASE (Section 23 Housing Assistance Payments Program) "The following additional Lease provisions are incorporated in full in the Lease between for the (Lessee) (Lessor) and -. In case of any conflict be- · shall be payable by the Housing Au- "b. The Lessor shall provide the following services (including security) and mainte nance: [Here specify all services to be provided by the Lessor, which shall include all services customarily supplied to tenants of this type of housing in the locality. In preparing this list, the provisions contained in form HUD52505A, Guide for Lease Provisions for Maintenance and Security Services, shall be included except to the extent modifications are approved by the LHA.] "c. The Lessor shall not evict the Lessee unless the Lessor complies with the require if any, and of this proviall give the Lessee a writproposed eviction, stating vising the Lessee that he h greater number, if any, red by local law) within o the Lessor. Because the the LHA's authorization copy of the notice shall be neously to the LHA, and lso state that the Lessee same time period, present spect to refrigerators, ranges, plumbing, d. Repainting and redecorating dwelling space and non-dwelling space surfaces on the following basis: [to be specified in the lease]; has been signed by the parndition that the LHA will te a Housing Assistance Paywith the Lessor. Accordingshall not become effective A has executed such Contract y of occupancy specified in Lessee Date OR LEASE PROVISIONS FOR e. Prompt replacement of light bulbs and other lighting equipment in common (including outdoor) areas; f. Exterminating services on a regularly scheduled basis, as follows: [to be specified in lease]; g. Where applicable, removal of snow and ice from walkways, exterior stairs, and parking areas on a timely basis; h. Repair of walkways and parking lot surfaces; i. Where applicable, repair of garbage disposals, dishwashers, air conditioners, and laundry equipment; j. Where applicable, regular maintenance and prompt repair of elevators, incinerators, compactors, and laundry equipment and facilities; ng provisions shall be included among lease provisions regardnce and security services for eased to families participating 23 Housing Assistance Paym. Subject to the approval of ms which are not customarily this type of housing in the loè excluded. k. Security services and equipment [to be specified in the lease]. NOTE: Appendices VII and VIII, which relate to internal HUD processing procedures, are not included herein, but do appear in the HUD Existing Housing Handbook. shall provide the following sering security) and maintenance: al services (including, but not cleaning of hallways, garbage as, and all common areas, and f an adequate supply of trash › storage equipment, and/or adeand garbage disposal); APPENDIX IX-HOUSING ASSISTANCE This Housing Assistance Payments Contract ("Contract") is made and entered into on this day of ——————, 19, by and between the person or entity having the legal right to lease the unit (hereinafter called the "Owner"), and (“LHA"), a public body, corporate and politic, organized and existing under and by virtue of the laws of the State of ds maintenance (including, but I to, exterior custodial services enance of lawns and outdoor including lawn cutting and re t response to Lessee service calls but not limited to, calls with re The Owner and the LHA agree as follows: PART I 1.1. Purpose of contract. a. The LHA hereby agrees to make housing assistance payments on behalf of (name of family) ("Family") for the following described dwelling unit ("assisted unit"), to enable the Family to lease decent, safe, and sanitary housing pursuant to Section 23 of the United States Housing Act of 1937. b. The assisted unit is to be leased by the Owner to the Family for use and occupancy by the Family solely as a private dwelling. 1.2. Housing assistance payments. a. The LHA has determined that the Family can bay 3 assistance payments shall be he LHA nor the United States Owner shall submit a monthly e LHA for the housing assistt. Upon the determination of the amount of the request is hat the Owner is in compliance visions of this Contract, the LHA shall pay to the Owner the amount requested. (2) If the Owner receives any excessive payment, the LHA, in addition to any other rights to recovery, may deduct the amount from any subsequent payment or payments. (3) The Owner's monthly requests for housing assistance payments shall be made subject to penalty under 18 U.S.C. 1001, which provides, among other things, that whoever knowingly and willfully makes or uses a document or writing containing any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of the United States shall be fined not more than $10,000 or imprisoned for not more than five years or both. 1.3. Maintenance, operation and inspection. a. The term "Premises", as used in this Contract, means the dwelling unit leased by the Family and areas, facilities and grounds which are for its benefit or use. b. The Owner agrees (1) to maintain and operate the Premises so as to provide decent, safe, and sanitary housing, and (2) to provide all maintenance and services as contained in the Lease. If, at any time during the term of this Contract, the Owner fails to comply with the obligation in (1), housing assistance payments on behalf of the Family shall be wholly abated and if the Owner fails to comply with the obligation in (2), housing assistance payments on behalf of the Family shall be abated in whole or in part. Any abatement under this paragraph b shall be effective upon written notification to the Owner, and shall continue until such time as the obligation is complied with. The LHA shall promptly notify the Family of any such abatement. c. The LHA will inspect, or cause to be inspected, at least annually, the Premises to determine that they are in decent, safe, and sanitary condition. 1.4. Term of contract. The term of this Contract shall be -. The Contract shall terminate upon expiration or termination of the Lease and shall be subject to termination in accordance with the provisions of Section 2.5 of this Contract. 1.5. Eviction. The Owner shall not evict the Family unless the Owner complies with the requirements of local law, if any, and of this Section. The Owner shall give the Family a written notice of the proposed eviction, stating the grounds and advising the Family that it has 10 days (or such greater number, if any, that may be required by local law) within which to respond to the Owner. The Owner must obtain the LHA's authorization for an eviction; accordingly, a copy of the notice shall be furnished simultaneously to the LHA, and the notice shall also state that the Family may, within the same time period, present its ob LA in writing or ir. person. forthwith examine the on and shall authorize the finds the grounds to be inthe Lease. The LHA shall and the Family of its dein 20 days of the date of rece by the Family, whether y has presented objections nily lease. The Lease beer (Lessor) and the Family ontain the following provi DENDUM TO LEASE g additional Lease provisions ng dwelling unit: —. In per month), notify the Lessor and the Lessee of its de- "d. The Lessor shall not discriminate tal rent ($→ payable by the Housing Auas housing assistance payalf of the Lessee and $able by the Lessee. These l be subject to change by nges in the family income or as determined by the LHA, efhe date stated in a notification ge by the LHA to the Lessee "e. This Lease has been signed by the par- sor shall provide the following luding security) and mainte Date- ify all services to be provided by which shall include all services supplied to tenants of this type n the locality. In preparing this ons contained in form HUDide for Lease Provisions for e and Security Services, shall be cept to the extent modifications d by the LHA.] Lessee Date 1.7. Relocation certification. a. The as a result of voluntary decision of occu- □as a result of action by Owner for cause, or This certification is made subject to penalty under 18 U.S.C. 1001, which provides, among other things, that whoever knowingly or willfully makes or uses a document or writing containing any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of the United States, shall be fined not more than $10,000 or imprisoned for not more than five years, or both. essor shall not evict the Lessee Lessor complies with the requirecal law, if any, and of this proviessor shall give the Lessee a writof the proposed eviction, stating is and advising the Lessee that he s (or such greater number, if any, be required by local law) within espond to the Lessor. Because the st obtain the LHA's authorization ction, a copy of the notice shall be simultaneously to the LHA, and e shall also state that the Lessee in the same time period, present tions to the LHA in writing or in The LHA shall forthwith examine nds for eviction and shall authorize ion unless it finds the grounds to be ent under the Lease. The LHA shall b. The Government has determined that satisfactory commitments have been made for the funding of relocation costs pursuant to the Uniform Relocation Assistance Real Property Acquisition Policies Act of 1970, as follows: c. If paragraph b is inapplicable, the Owner agrees to hold harmless and to indemnify the LHA for any cost incurred under said Act in connection with vacation of said units, and the Owner further agrees that the LHA shall have the right to be reimbursed for any such costs by withholding from housing assistance payments payable to the Owner. 1.8. Entire Agreement. This Contract, including Part II hereof, contains the entire between the parties hereto, and rty is bound by any representagreements of any kind except as herein. No changes in this Conbe made except in writing signed e Owner and the LHA. al interest. The Owner warrants s the legal right to execute this nd to lease the dwelling unit covs Contract. ing Authority 3 HOUSING ASSISTANCE PAYMENTS OGRAM EXISTING HOUSING SSISTANCE PAYMENTS CONTRACT- scrimination in housing. a. Neiwner nor the LHA shall, in the approval of Families, in the prorvices, or in any other manner, e against any person on the race, color, creed, religion, sex, origin. No person shall be autoxcluded from participation in or he benefits of the Housing Asayments Program because of in a class such as unmarried cipients of public assistance, etc. wner shall comply with all reimposed by Title VIII of the Act of 1968, Public Law 90-284, and any rules and regulations ereto. vner shall comply with all remposed by Title VI of the Civil of 1964, Public Law 88-352, 78 he regulations of the Departusing and Urban Development under, 24 CFR, Subtitle A, Part 1, et seq.; the requirements of ment pursuant to said regulaxecutive Order 11063 to the end rdance with that Act, the regurequirements of said Departnder, and said Executive Order, the United States shall, on the ce, color, creed, religion or nabe excluded from participation led the benefits of, the Housing ayments Program, or be otherd to discrimination. This proviled pursuant to the regulations rtment of Housing and Urban , 24 CFR, Subtitle A, Part 1, t seq.; issued under Title VI of Rights Act of 1964, and the ref said Department pursuant to ons; and the obligation of the nply therewith inures to beneGovernment, the said Depart e LHA any of which shall be voke any remedies available by law to redress any breach thereof or to compel compliance therewith by the Owner. 2.2. Cooperation in equal opportunity compliance reviews. The LHA and the Owner shall cooperate with the Government in the conducting of compliance reviews and complaint investigations pursuant to all applicable civil rights statutes, Executive Orders, and rules and regulations pursuant thereto. 2.3. Annual Contributions Contract a. The LHA has entered into an Annual Contributions Contract dated with the Government, with respect to Project No.-("ACC"), under which the Government will provide financial assistance to the LHA pursuant to Section 23 of the United States Housing Act of 1937, for the purpose of making housing assistance payments, which ACC shall be provided by the LHA to the Owner upon request. b. The LHA hereby pledges such annual contributions payable under Section 1.3(b)(1) of Part I of the ACC to the payment of housing assistance payments pursuant to this and other Housing Assistance Payments Contracts entered into as a part of said Project. 2.4. LHA and government access to premises and owner's records. The Owner shall permit the LHA and the Government, or any of their duly authorized representatives, to have access to the Premises and, for the purpose of audit and examination, to have access to any books, documents, papers and records of the Owner that are pertinent to compliance with this Contract, including the verification of information pertinent to the monthly requests to the LHA for housing assistance payments. 2.5. Default by the owner. a. A Default by the Owner under this Contract shall result if: (1) the Owner has violated or failed to comply with any provisions of this Contract or of the Owner-Family Lease; or (2) The Owner has failed to perform any of its obligations under this Contract or under the Owner-Family Lease; or (3) The Owner has asserted or demonstrated an intention not to perform some or all of his obligations under this Contract or under the Owner-Family Lease. b. Upon the determination by the LHA that a Default has occurred, the LHA may notify the Owner that the LHA is terminating the Contract effective 30 days from the date of notice, unless within that period the Owner cures any non-compliance, or initiates a course of corrective action which will cure the non-compliance within such minimum additional time as may be necessary and agreed to by the LHA. If the LHA so notifies the Owner, it shall also send a copy of such notice to the Family, together with information regarding continued assistance. |