| Name | Date of Birth | Social Security Number |
| Any additions to the household members listed above require the advance written approval of the Landlord. This includes Live-in Aides and foster children or adults, but excludes natural births. The Landlord shall approve the additions if they pass the screening and an appropriate size unit is available. Deletions from the household shall be reported to the Landlord within ten (10) days. |
| If the Resident is incapable of complying with this Lease, the Landlord
should contact
the following person: ________________________________ address is ________________________________ phone number ________________________________ |
| 2 | LEASE TERM:
This Lease shall begin on___________. The term shall be one year and shall renew automatically for another year, unless terminated as provided by this Lease. |
| 5 | OCCUPANCY: The Resident
shall use the premises as a private dwelling for himself or herself and
the persons named in this Lease, with the exception of minor children born
into the household during this tenancy, and shall not permit its use for
any other purpose without the written permission of the Landlord.
The Resident shall not:
With the written permission of the Landlord, the Resident can incidentally use the premises for legally permissible income producing purposes so long as the business does not infringe on the rights of other Residents. All such business-related uses of the premises must meet all zoning requirements and the Resident must have the proper business licenses. The Resident has the right to exclusive use and occupancy of the dwelling unit, which includes reasonable accommodation of the Resident's guests, visitors and, with the consent of the Landlord, foster children and/or adults and the live-in care giver of the Resident's family. |
| 6 | CONDITION OF DWELLING:
By signing this Lease and the Unit Inspection Report, the Resident acknowledges
that the dwelling unit is safe, clean and in good condition, and that all
appliances and equipment supplied by the landlord in the dwelling unit
are in good working order as described on the Move-in Unit Inspection
Report. This report, signed by both the Resident and Landlord, is attached
to this Lease.
At the time of move out, the Landlord shall complete another inspection of the dwelling unit. When the Resident notifies the Landlord of his or her intent to vacate, the Landlord shall advise the Resident of their opportunity to participate in the move-out inspection. |
| 7 | UTILITIES: Landlord
agrees to furnish the following utilities as reasonably necessary: Heat,
hot and cold running water, gas and/or electricity for cooking, and electricity
for lighting and general household appliances. No charge will be imposed
for providing these utilities, except that Landlord has the right to impose
charges for consumption of excess utilities resulting from use of major
tenant-supplied appliances or where said charges are determined by an individual
check meter servicing the leased unit. Schedules for special charges for
utilities shall be posted in the Project Office and shall be furnished
upon request. Amounts billed for excess utility consumption shall be due
and payable to Landlord on the first day of the second month following
the month in which the charge is incurred. Landlord will not be responsible
for failure to furnish utilities by reason of any cause beyond its control.
In the event the Authority converts to individual utility metering
the Tenant herein will be given a monthly utility allowance on the leased
premises in the sum of $ subject to the terms and conditions hereinafter
specified:
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| 8 | RENT RECERTIFICATIONS:
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| 9 | INTERIM RENT
ADJUSTMENTS:
Residents must promptly report to the Landlord any of the following changes in household circumstances when they occur between Annual Rent Recertifications:
In addition, Residents paying rent based on a percentage of income may report the following activities that occur between Annual Rent Recertifications:
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 Landlord shall verify the information provided by the Resident to determine if a decrease in the rent is warranted. If the Resident receives a letter or notice from HUD concerning the amount or verification of family income, the communication shall be brought to the Poughkeepsie Housing Authority within 30 calendar days. |
| 10 | EFFECTIVE
DATE OF RENT CHANGE: The Landlord shall give the Resident written notice
of any change in the Resident's rent. The notice shall be signed by the
Landlord, state the new amount the Resident is required to pay, and the
effective date of the new rental amount.
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| 11 | RESIDENT OBLIGATION
TO REPAY:
Residents who pay rent based on income shall reimburse the Landlord 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:
Resident is not required to reimburse the Landlord for undercharges caused solely by the Landlord's failure to follow U.S. Department of Housing and Urban Development's procedures for computing rent. |
| 12 | MAINTENANCE:
The Resident Agrees To:
The Landlord Agrees To:
If the dwelling unit is rendered uninhabitable, regardless of
cause:
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| 13 | RESTRICTION ON ALTERATIONS:
The Resident shall not do any of the following without first obtaining
the Landlord's written permission:
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| 14 | ACCESS-BY-LANDLORD: The
Landlord shall provide 24 hours written advance notice to the Resident
of his or her intent to enter the dwelling unit for the purpose of performing
routine inspections and preventive maintenance, extermination or to show
the dwelling unit for re-renting. The notice shall specify the date, and
approximate time, and purpose for the entry. The Resident shall permit
the Landlord, his or her agents, or other persons, when accompanied by
the Landlord, to enter the dwelling unit 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 Landlord shall leave a card
stating the date, time and name of the person entering the dwelling unit
and the purpose of the visit.
The Landlord may enter the dwelling unit at any time without advance
notice when there is reasonable cause to believe an emergency exists.
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| 15 | SIZE-OF-DWELLING: The Resident
understands that the Landlord assigns dwelling units according to the Occupancy
Standards published in its Admissions and Continued Occupancy Policy (ACOP).
The Standards consider the type (such as dwelling units designed for the
elderly or handicapped) and size of the dwelling unit required by the number
of household members. If the Resident is or becomes eligible for a different
type or size dwelling unit and an appropriate dwelling unit under this
program and the Landlord's transfer policy becomes available, the Resident
shall be given a reasonable period of time to move. If the Resident fails
to move to the designated dwelling unit within the notice period specified
by the Landlord, the Landlord may terminate this lease.
If the Landlord determines that a Resident must transfer to another unit based on family composition, the Landlord shall notify the Resident. The Resident may ask for an explanation stating the specific grounds of the determination, and if the Resident does not agree with the determination, the Resident may request a hearing in accordance with the Landlord's grievance procedures. |
| 16 | LEASE-TERMINATION-BY-LANDLORD:
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.
The Landlord shall not terminate or refuse to renew the Lease other than for serious or repeated violation of material terms of the Lease. Each of the following when committed by the Resident, or a member of the Resident’s household is agreed to be a serious violation of a material term of this lease: any other good cause not specifically set forth herein. |
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| 17 | NOTICE-OF-LEASE-TERMINATION:
If the Landlord proposes to terminate this Lease, the Resident shall be
given written notice of the proposed termination, as listed below:
b. for creation or maintenance of a threat to health or safety of other Residents or Landlord's employees, a reasonable time based on the urgency of the situation; or c. for all other cases, thirty (30) days, unless State law permits
a shorter period.
The Notice of Lease Termination from the Landlord shall be either personally delivered to the Resident or to a person of suitable age and discretion found at Resident’s dwelling unit, and sent to the Resident by First Class Mail and Certified Mail, Return Receipt Requested properly addressed, postage pre-paid. The notice shall: b. state the grounds for termination with enough detail for the Resident to prepare a defense; c. advise the Resident of the right to reply as he or she may wish, to examine the Landlord's documents directly relevant to the termination or eviction, to use the Grievance Policy to contest the termination if applicable, and/or to defend the action in court. |
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| 18 | LEASE-TERMINATION-BY-RESIDENT:
The Resident shall give the Landlord 30 days written notice before moving
from the dwelling unit. If the Resident does not give the full notice,
the Resident shall be liable for rent to the end of the notice period or
to the date the dwelling unit is re-rented, whichever date comes first.
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| 19 | 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 Landlord or the personal representative
of the Resident's estate may terminate this Lease upon 30 days written
notice, to be effective on the last day of a calendar month. If full notice
is not given, the Resident's estate shall be liable for rent to the end
of the notice period or to the date the unit is re-rented, whichever date
comes first. The termination of a 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. Any personal
property found within the dwelling unit shall be dealt with in accordance
with Section 20 below.
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 Landlord cannot make a reasonable accommodation to enable the Resident to comply with the Lease; then action shall be taken. The Landlord 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 Landlord will work with appropriate agencies to secure suitable housing. This Lease will terminate upon the Resident moving from the unit. |
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| 20 | PROPERTY-ABANDONMENT: If a
Resident abandons the dwelling unit, the Landlord shall take possession
of the Resident's personal property remaining on the premises, and shall
store and care for the property. The landlord will consider the 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. The Landlord has a claim against the Resident for reasonable costs
and expenses incurred in removing the property, in storing and caring for
the property, and in selling the property. The Landlord can collect from
the Resident all these costs.
The Landlord may sell or otherwise dispose of the property 60 days
after the Landlord receives actual notice of abandonment or 60 days after
it reasonably appears to the Landlord that the Resident has abandoned the
premises, whichever date occurs last. At least 14 days prior to the sale,
the Landlord agrees to make reasonable efforts to notify the Resident of
the sale by sending written notice of the sale by certified mail, return
receipt requested, to the Resident's last known address or likely living
quarters if that is known by the Landlord. The Landlord shall also post
a notice of sale in a clearly visible place on the premises for at least
two weeks before the sale. The Landlord may use the money from the sale
to pay off any debts the Resident owes the Landlord. Any amount above this
belongs to the Resident, if the Resident has written and asked for it.
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| 21 | DELIVERY-OF-NOTICES:
Notice by Resident: Any notice to the Landlord shall be in
writing, and either personally delivered to the Landlord at the Landlord's
Office, or sent to Landlord by first-class mail, postage pre-paid and addressed
to: The Poughkeepsie Housing Authority.
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| 22 | GRIEVANCES: All individual grievances
or appeals shall be processed under the Grievance Policy. This policy is
posted in the Landlord's Office where copies are available upon request.
No Grievance Hearing shall be required or held in the following instances:
Before the Landlord shall schedule a Grievance Hearing for any grievance concerning the amount of rent the Landlord claims is due, the Resident must first bring his or her rent account current by paying to the Landlord an amount equal to the amount of rent due and payable as of the first of the month preceding the month in which the act or failure to act took place. After the hearing is scheduled, the Resident shall continue to deposit this same monthly rent amount into the Landlord's escrow account until the complaint is resolved by the decision of the hearing officer or panel. When the Housing Authority is required to afford the Resident the
opportunity for a hearing in accordance with 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 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.
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| 23 | HOUSE-RULES:The Resident agrees
to obey any House Rules, which are reasonably related to the safety, care
and cleanliness of the building and the safety, comfort and convenience
of the Residents. Such rules may be modified by the Landlord 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 30 day comment period at least 30 days before the proposed effective
date of the change in the Rule. Existing House Rules, if any, are posted
at the Administrative Office and will accompany the Lease.
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| 24 | ADDED-RENT: Any time this lease
requires the Resident to pay a sum of money to the Landlord, that sum shall
be added to the Rent owed by the Resident for the month following the month
in which the sum became due and owing. This sum of money shall then be
known as Added Rent. Added Rent shall be collected in the same manner as
Rent, and the non-payment of Added Rent may be the basis of termination
of the lease and eviction from the dwelling unit, the same as non-payment
of Rent.
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| 25 | DISCRIMINATION-PROHIBITED:
The Landlord shall not discriminate based upon race, color, creed, religion,
national origin, sex, martial status, age, handicap or disability, familial
status, or recipients of public assistance and shall comply with all nondiscrimination
requirements of Federal, State and local law.
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| 26 | This lease is subject
to all of the rules and regulations issued by the U.S. Department of
Housing and Urban Development in conjunction with its program of Public
Housing, and it is also subject to the provisions of the Annual Contributions
Contract between the U.S. Department of Housing and Urban Development and
the Poughkeepsie Housing Authority. This provision only applies to the
Federal Developments.
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| 27 | ATTACHMENTS TO THE
LEASE: The Resident certifies that he/she has received a copy of this
Lease and the following Attachments to this Lease, and understands that
these Attachments are part of this Lease.
Attachments:
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| Signatures:
RESIDENT: 1) _____________________ _____________
2)_____________________ _____________
LANDLORD: _____________________ ____________
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