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Woonsocket Housing Authority, RI
Providence County
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[HISTORY: Adopted by the Commissioners of The Housing Authority of the City of Woonsocket, Rhode Island, 5-6-1993 by Res. No. 765.
Editor's Note: This resolution supersedes former Ch. A51, Standard Lease, adopted 3-3-1988 by Res. No. 614.
Amendments noted where applicable.]
GENERAL REFERENCES

Admissions and continued occupancy policies — See Ch. 4.

Equal Opportunity Housing Plan — See Ch. 8.

Section 8 programs — See Ch. 26.

Tenant handbook for family projects — See Ch. 36.

Tenant handbook for high-rise buildings — See Ch. 40.

Lease addendum regarding pets — See Ch. A52.

§ A51-1
Standard lease. 

APARTMENT LEASE THE HOUSING AUTHORITY OF THE CITY OF WOONSOCKET, RHODE ISLAND
Article 1 Lease Terms and Data
1.1 This lease is dated as of ___________, and is WHA Lease Number
.
1.2 The Landlord is The Housing Authority of the City of Woonsocket, Rhode Island, and is referred to in this Lease as "We," "Us," "Our" or "WHA."
1.3 The Tenant is
, and, whether one or more persons, is referred to in this Lease as "You," "Your" or "Tenant."
1.4 The United States Department of Housing and Urban Development is referred to in this Lease as "HUD."
1.5 The dwelling unit or apartment being leased is:
In the complex or development known as:
;
Has an address at
,
Woonsocket, Rhode Island 02895;
Is known as apartment or unit number
;
Has _____ bedrooms; and is referred to in this Lease as the "Apartment."
1.6 Your Housing Manager presently is:
1.7 The rent is determined initially to be ________________dollars ($_________), which will be prorated for any partial month at the beginning or end of the term; is due on the first day of each month; and is subject to periodic adjustment in accordance with HUD regulations, as referred to later in this Lease. All rent and other charges are payable at Our office at 679 Social Street, Woonsocket, RI 02895, or at the development office; or at such other place as We may from time to time designate.
1.8 The initial term of this Lease shall begin ____________, 20__, and shall end at midnight ____________, 20__, unless sooner terminated as provided later in this Lease.
1.9 The members of Tenant's household who will occupy the leased premises are:
1.10 ALL INFORMATION AND DOCUMENTATION SUBMITTED BY TENANT AND OTHER MEMBERS OF TENANT'S FAMILY OR HOUSEHOLD IN CONNECTION EITHER WITH OBTAINING THIS LEASE OR WITH ANY FEDERAL HOUSING ASSISTANCE PROGRAM IS TRUE, CORRECT AND COMPLETE; AND TENANT UNDERSTANDS AND AGREES THAT FRAUD OR MISREPRESENTATION MAY BE CONSIDERED GROUNDS FOR TERMINATION OF THIS LEASE, AS WELL AS OTHER PENALTIES IMPOSED BY LAW. TENANT UNDERSTANDS AND AGREES THAT THE ELIGIBILITY FOR FEDERALLY ASSISTED HOUSING AND THE AMOUNT OF RENT ARE DETERMINED IN ACCORDANCE WITH HUD REGULATIONS BASED ON COMPOSITION OF TENANT'S FAMILY AND THE INCOME OF TENANT AND THE OTHER MEMBERS OF TENANT'S FAMILY OR HOUSEHOLD. TENANT AGREES TO NOTIFY THE WHA WITHIN 10 DAYS OF ALL CHANGES IN THE COMPOSITION OR NUMBER OF PERSONS IN THE HOUSEHOLD AND OF EACH INCREASE AND DECREASE IN THE INCOME OF EACH MEMBER OF THE FAMILY OR HOUSEHOLD. TENANT UNDERSTANDS AND AGREES THAT FAILURE BY TENANT TO NOTIFY THE WHA PROMPTLY OF ALL SUCH CHANGES MAY BE CONSIDERED GROUNDS FOR TERMINATION OF THIS LEASE AND FOR RETROACTIVE RENT ADJUSTMENTS.
1.11 We hereby lease the Apartment to You upon the following terms and conditions, and subject to HUD rules and regulations from time to time in effect and applicable hereto.
Article 2 Utilities Equipment and Charges
2.1 One of the following provisions should be checked off as being the one appropriate to Your Apartment:
[Family housing] We shall supply You with gas and electricity for normal household purposes in quantities determined to be reasonable in accordance with HUD regulations and guidelines. If You consume such utilities in excess of such reasonable amount, except to the extent it can be established that such excess is directly related to the operation of equipment for Your health or safety, in accordance with HUD regulations You will be charged for such excess consumption. We have the right, however, to reduce Your monthly rent by an amount determined in accordance with HUD regulations, and arrange to have the local electric and/or gas utility bill You directly for electric and/or gas service. See Section 7.1.8 of this Lease and Our Grievance Procedure with respect to Your rights to file a grievance regarding any proposed adverse action by Us.
[Elderly/High-rise] We shall supply You with gas and electricity for normal household purposes in quantities determined to be reasonable in accordance with HUD regulations and guidelines.
[Scattered site] Your Apartment is separately metered for both gas and electricity and You are responsible to pay the utility companies for the charges for these utilities, both for normal household purposes and for heating and hot water.
2.2 We shall supply running water and reasonable amounts of hot water, as required by law, and reasonable amounts of heat at appropriate times of the year, as required by law (except where heat or hot water is generated by an installation within Your exclusive control and supplied by a direct utility connection, such as in the scattered site units).
2.3 You must arrange for and pay for Your own telephone service, cable television, and all other services not referred to above.
2.4 We will provide the Apartment with cooking stove and electric refrigerator.
2.5 Rent is due and payable on the first day of each month. If Your rent is not paid on or before the first of the month (or, if the first day of a month falls on a Sunday or legal holiday, on the next business day in such month), You will be in default under Your Lease. Nevertheless, We agree that We will not take any action with respect to such default if Your rent is paid in full by the fifth day of the month.
2.6 If for any reason You expect that Your next payment of rent and other charges due will be delayed beyond the fifth day of the month, or Your income is regularly received on such date or dates that payment of the entire rent on the first day of the month causes a hardship for You, You should contact the Housing Manager and explain the circumstances. For good cause, the Housing Manager may agree that payment of rent and other charges may be made, in whole or in part, without penalty later than the fifth of the month. The agreement will be set forth in writing and indicate the date or dates on which You agree to make full payment of rent and other charges. We have the right, in accordance with Our established procedures and practices, which may be modified from time to time, to impose a charge of $15 to help defray Our administrative costs for each rent payment made after the fifth day of the month and for each rent payment not made in accordance with any late payment agreement. A charge of $15 will also be assessed for checks returned for insufficient funds or account closed. If the check is not honored by the fifth of the month, the rent will be considered unpaid and subject to the late charge of $15. Such charges shall not be due and collectible until two weeks after We give You written notice of such charges.
2.7 You will be charged for maintenance and repair beyond the normal wear and tear and for the consumption of excess utilities. Such charges shall be subject to review under Our Grievance Procedure and shall not be due and collectible until two weeks after We give You written notice of such charges.
2.7.1 The basis for such charges for maintenance and repair is the Schedule of Charges in the most current edition of the Tenant Handbook, plus labor charges.
2.7.2 The basis for such excess utility charges is the formula specified in Title 24 of the Code of Federal Regulations, Part 965, Subpart E.
Article 3 Security Deposit
3.1 You have deposited with Us (or shall be depositing), _________________ dollars ($________). After termination of Your tenancy, the full amount of the security deposit will be returned to You, minus any amount of unpaid accrued rent and the amount of physical damages to the premises, other than ordinary wear and tear, which We may suffer by reason of Your noncompliance with Your responsibilities referred to in Rhode Island General Laws § 34-18-19. If such deductions are made, We will give You an itemized written notice of deductions from the security deposit. The security deposit may not be used to pay rent or other charges while You occupy the Apartment.
Article 4 Annual Rent Reexamination and Periodic Redetermination
4.1 Not less than once each year, at Our request, You shall furnish us, not later than the date specified in Our request, signed statements, documentation, signed authorization and verification forms, all in such form as We or HUD may require, to provide Us with accurate and complete information as to all income received by You and all members of Your household, the names and social security numbers of all members of Your household, the names and addresses of all employers of You and other members of Your household, and all other persons from whom income is received, the names, ages and relationship to You of all persons residing at the Apartment, and such other information as We may reasonably request for the purposes of determining whether Your rent should be changed, whether the dwelling size is appropriate for Your household, and whether You are still eligible for public housing. These determinations will be made in accordance with the HUD-approved guidelines, which are available in Our office.
4.2 Rent as fixed in Article 1 or as adjusted pursuant to the above will remain in effect for the period between regular rent determinations, unless during such period:
4.2.1 You have a change in circumstances which would result in an increase or decrease in rent. Such changes must be reported to Us within 10 days of change.
4.2.2 You or a member of Your household begin to receive public assistance or public assistance is terminated. Such a change must be reported to Us within 10 days of its occurrence.
4.2.3 You or a member of Your household on public assistance has another child, thereby increasing the welfare amount The changes must be reported to Us within 10 days of the increase.
4.2.4 You or a member of Your household has a material change in income which would result in increase or decrease of rent Such changes must be reported to Us within 10 days of change.
In the event of any rent adjustment pursuant to the above, We will mail or deliver a "Notice of Rent Adjustment" to You explaining the adjustment and the reasons for it. In case of rent increase, adjustment will take effect the first of the following month, but not less than 30 days after such Notice, unless the increase shall be retroactive in accordance with Our policies.
4.3 You agree to transfer to an appropriate size dwelling unit based on family composition, upon notice that such a dwelling unit is available. Under such circumstances, You shall move to the new unit within seven days after such dwelling unit is ready for occupancy and We have furnished You with the keys. We shall provide You with any assistance necessary to move Your furniture and possessions to the new unit.
4.4 If You occupy a dwelling unit that has accessibility or other features required by persons with special needs, and if You do not require such accessibility or other features, You agree to transfer to another dwelling unit upon notice from Us. Under such circumstances, You shall move to the new unit within seven days after such dwelling unit is ready for occupancy and We have furnished You with the keys.
4.5 If We find that Your income has increased so that it is above the approved income limits for continuing occupancy in public housing, We will then determine whether or not You can, with reasonable effort, find other suitable housing.
4.5.1 If We determine that due to special circumstances You would be unable to find other suitable housing, You may be permitted to remain in public housing so long as the special circumstances exist, but Your rent will be increased in accordance with the applicable HUD Regulations. We will notify You of the rent adjustments, and they will become effective, in accordance with this Article 4.
4.5.2 If We determine that, with reasonable effort, You should be able to find other suitable housing, We shall notify You that You must find other housing and move within one month.
4.6 Whenever We redetermine the amount of rent payable by You (not including determination of Our schedule of utility allowances for families in Our public housing program) or determine that You must transfer to another unit based on family composition, We shall notify You that You may ask for an explanation stating the specific wounds of Our determination, and that if You do not agree with Our determination, You shall have the right to request a hearing under Our grievance procedure.
Article 5 Rights of Tenant
5.1 You shall have the right to exclusive use and occupancy of the Apartment by the members of Your household authorized to reside in the Apartment in accordance with this Lease, including reasonable accommodation of Your guests; provided, however, You may not provide accommodations for boarders or lodgers. The term "guest" means a person in the Apartment with the consent of a household member. You are requested, but not required, to notify the Housing Manager prior to having a guest staying overnight in the Apartment in order to avoid potential problems with enforcement of Our parking regulations, or issues of whether a guest might otherwise be considered a boarder, lodger or member of Your household.
5.2 With Our prior consent, members of Your household may engage in legal profit-making activities in the Apartment, where We determine that such activities are incidental to primary use of the Apartment for residence by members of Your household.
5.3 With Our prior consent, a foster child or live-in aide may reside in the Apartment.
5.3.1 "Live-in aide" means a person who resides with an elderly, disabled or handicapped person and who is determined to be essential to the care and well-being of the person; is not obligated for the support of the person; and would not be living in the Apartment except to provide the necessary supportive services.
Article 6 Obligations of Tenant
6.1 It is Your obligation, under HUD regulations and this Lease:
6.1.1 Not to assign this Lease or to sublease the Apartment.
6.1.2 Not to provide accommodations for boarders or lodgers.
6.1.3 To use the Apartment solely as a private dwelling for You and Your household as identified in this Lease, and not to use or permit its use for any other purpose.
6.1.4 To abide by necessary and reasonable regulations promulgated or amended by Us from time to time for the benefit and well-being of the housing development and the tenants, which shall be posted in the development office and are incorporated by reference in this Lease.
6.1.5 To comply with all obligations imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety.
6.1.6 To keep the Apartment and such other areas as may be assigned to You for Your exclusive use in a clean and safe condition.
6.1.7 To dispose of all ashes, garbage, rubbish, and other waste from the Apartment in a sanitary and safe manner.
6.1.8 To use only in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appurtenances including elevators.
6.1.9 To refrain from, and to cause Your household and guests to refrain from destroying, defacing, damaging, or removing any part of the Apartment or development.
6.1.10 To pay reasonable charges (other than for normal wear and tear) for the repair of damages to the Apartment or to the development (including damages to development buildings, facilities or common areas) caused by You, a member of Your household, or Your guest.
6.1.11 To act, and cause Your household members and guests to act, in a manner which will not disturb other residents' peaceful enjoyment of their accommodations and will be conducive to maintaining the development in a decent, safe and sanitary condition.
6.1.12 To assure that You, any member of Your household, any of Your guests, or any other person under Your control, shall not engage in:
A. Any criminal activity that threatens the health, safety, or right to peaceful and enjoyment of Our public housing premises by other residents or Our employees; or
B. Any drug-related criminal activity on or near such premises.
Any criminal activity in violation of this Subsection 6.1.12 shall be cause for termination of Your tenancy and for eviction from Your Apartment. The term "drug-related criminal activity" means the illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute, or use, of a controlled substance (as defined in Section 102 of the federal Controlled Substances Act, 21 U.S.C. § 802).
6.2 It is Your further obligation, under this Lease:
6.2.1 Not to commit fraud, or withhold or misrepresent facts, in connection with any federal housing assistance program, and not to receive assistance for occupancy of any other unit assisted under any federal, state or local housing assistance program during the term of this Lease.
6.2.2 Not to keep animals in or about the Apartment without Our prior written consent, except as otherwise permitted by applicable law or HUD regulations for elderly, visually impaired or handicapped persons.
6.2.3 To transfer to another public housing dwelling unit, if one is made available by Us, in substitution for the Apartment under any of the following circumstances: the Apartment is no longer suitable for Your household size or composition under Our size standards; or the character of the Apartment is inappropriate for the composition of Your household; or the Apartment requires substantial repairs, is scheduled for modernization, or is not in decent, safe and sanitary condition.
6.2.4 To notify the Housing Manager of any anticipated extended absence from the Apartment in excess of 10 days no later than the first day of the extended absence.
6.2.5 To take every reasonable precaution to prevent fires and eliminate fire hazards and to keep Your Apartment in such condition as to prevent health or sanitation problems from arising.
6.2.6 To notify Us immediately when You become aware of the need for repairs to the Apartment, or unsafe conditions in the Apartment or common areas and grounds of the development which may lead to damage or injury.
6.2.7 Not to keep firearms, gunpowder, ammunition, or any combustible materials in the Apartment or the development.
6.2.8 Not to carry on any business whatsoever (except with Our prior written consent as provided in Section 5.2 of this Lease), nor display signs of any type in or about the Apartment.
6.2.9 To neither waste nor unreasonably use utilities and facilities.
6.2.10 To notify Us promptly of the need for any repairs to the Apartment or other parts of the development, and not to make any repairs or alterations without Our prior written consent.
6.2.11 To quit and surrender the Apartment, at the expiration of the term or at the termination of this Lease, in as good condition as when leased, reasonable wear and tear excepted.
6.2.12 To dispose daily of all rubbish and other waste from the premises in a sanitary and safe manner in the container assigned.
6.2.13 Not to tack, nail, paste, glue or use other fasteners in laying carpets, rugs, linoleum or other floor covering; and not to make holes or put nails, bolts, hooks or screws in the walls, floors, closets or trim in the Apartment except such type and in such manner as We approve in advance.
6.2.14 Not to put carpeting in kitchens and bathrooms.
6.2.15 Not to use any additional appliances for heating other than provided by Us.
6.2.16 Not to install or use any equipment such as washing machines, clothes dryers or food freezers without Our prior written consent.
6.2.17 Not to hang any article of any description from the windows or doors, nor place any such article out the window sills except in such manner and of such type as We approve in advance.
6.2.18 Not to install any locks, fixtures, aerial wires of any description, nor make any alterations or repairs without Our prior written approval.
6.2.19 Not to install any antenna, broadcast or sound equipment, cordless telephone or other communication device that would interfere with the quiet enjoyment or other rights of neighbors.
6.2.20 Not to keep nor permit waterbeds or any other water-filled furniture on the premises.
6.2.21 To notify Us promptly of any condition dangerous to health or safety of tenants or other persons, or which may do damage to the premises or waste utilities.
6.2.22 To report to local police and to Us damage done by any person.
6.2.23 To provide a fumigation certificate at Our request (if it is found that an insect problem attributable to You exists in the Apartment, We may require You to have all belongings fumigated by a certified pest control company at Your expense).
6.2.24 Not to obstruct or use sidewalks and passages for any purpose other than ingress to or egress from dwellings.
6.2.25 To dry clothes only in such areas designated as drying areas.
6.2.26 To keep such areas as may be assigned for Your exclusive use in a clean and safe condition.
6.2.27 Not to park, or permit any member of Your household to park, on Our property any vehicle other than an automobile which belongs to You and has a valid, current Rhode Island inspection sticker and valid, current Rhode Island registration, provided You hold a valid, current Rhode Island driver's license, have a valid, current WHA parking permit, and park only in the space assigned by Us.
6.2.28 Not to repair or service any automobile or other motor vehicle on Our property.
6.2.29 To remove all vehicles to permit Us to snowplow or perform needed work in driveways and parking areas when necessary. Any vehicle not removed may be towed away at Your expense or the expense of the owner.
6.2.30 Not to write or paint graffiti on any part of any building.
6.2.31 Prior to occupying the Apartment, to attend an information session on lease procedures and care and use of equipment and appliances supplied by Us.
Article 7 Obligations of WHA
7.1 It is Our obligation under HUD regulations and this Lease:
7.1.1 To maintain the Apartment and the development in decent, safe and sanitary condition.
7.1.2 To comply with requirements of applicable building codes, housing codes and HUD regulations materially affecting health and safety.
7.1.3 To make necessary repairs to the Apartment.
7.1.4 To keep development buildings, facilities and common areas, not otherwise assigned to the tenant for maintenance and upkeep, in a clean and safe condition.
7.1.5 To maintain in good and safe working order and condition electrical, plumbing, sanitary, heating, ventilating, and other facilities and appliances, including elevators, supplied or required to be supplied by Us.
7.1.6 To provide and maintain appropriate receptacles and facilities (except containers for the exclusive use of an individual tenant family) for the deposit of ashes, garbage, rubbish and other waste removed from the Apartment by the tenant.
7.1.7 To supply running water and reasonable amounts of hot water and reasonable amounts of heat at appropriate times of the year (according to local custom and usage) except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or where heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct utility connection.
7.1.8 To notify You of the specific grounds for any proposed adverse action by Us. (Such adverse action includes, but is not limited to, a proposed lease termination, transfer of the tenant to another unit, or imposition of charges for maintenance and repair, or for excess consumption of utilities.)
(A) When We are required to afford You the opportunity for hearing under Our grievance procedure for a grievance concerning a proposed adverse action:
(i) The notice of proposed adverse action shall inform You of the right to request such hearing. In the case of a lease termination, a notice of lease termination shall constitute adequate notice of proposed adverse action.
(ii) In the case of a proposed adverse action, We shall not take the proposed action until the time for the tenant to request a grievance hearing has expired, and (if a hearing was timely requested by the tenant) the grievance process has been completed.
Article 8 Damages and Repairs
8.1 Except for normal wear and tear, You agree to pay reasonable charges for the repair of damages to the premises, development, buildings, facilities or common areas caused by You or Your household members or guests. Such charges will be billed to You and will specify the items of damages involved, correctional action taken and the cost thereof, and will be due and payable in accordance with Section 2.7 of this Lease.
8.2 We agree to accept payment of rent without regard to any other charges owed by You to Us.
8.3 If the Apartment is damaged to the extent that conditions are created which are hazardous to life, health or safety of the occupants:
8.3.1 You shall immediately notify the Housing Manager of the damage.
8.3.2 We shall be responsible for repair of the Apartment within a reasonable time, provided that, if the damage was caused by You, a member of Your household or Your guest, the reasonable cost of the repairs shall be charged to You.
8.3.3 We shall offer standard alternative accommodations, if available, where necessary repairs cannot be made within a reasonable time.
8.3.4 We shall make Provisions for abatement of rent in proportion to the seriousness of the damage and loss in value as a dwelling if repairs are not made in accordance with Subsection 8.5.2 or alternative accommodations not provided in accordance with Subsection 8.5.3, except that no abatement of rent shall occur if You reject the alternative accommodation or if the damage was caused by You, a member of Your household, or Your guest.
Article 9 Entry of Apartment and Inspections
9.1 You hereby consent that, upon reasonable advance notification to You, We (including any duly authorized agent, employee, or representative of Ours) are permitted to enter the Apartment during reasonable hours for the purpose of performing routine inspections and maintenance, for making improvement or repairs, or to show the Apartment for re-leasing. A written statement specifying the purpose of Our entry delivered to the Apartment at least two days before such entry shall be considered reasonable advance notification. If You are visually impaired, all notices must be in an accessible format. After receiving notification from Us of a proposed entry, but before Our scheduled entry, You have the right to notify Us that You wish to withdraw Your consent to such entry; provided, however, under Rhode Island General Laws Section 34-16-26, You may not unreasonably withhold consent to Our entering Your Apartment in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the Apartment to prospective or actual purchasers, mortgagees, tenants, workmen or contractors. We may also have other rights of entry under circumstances specified by law.
9.2 We may enter the Apartment at any time without advance notification when there is reasonable cause to believe that an emergency exists. We may also enter the Apartment during any absence by You from the Apartment in excess of seven days, if reasonably necessary for the protection of the property.
9.3 If You and all adult members of Your household are absent from the Apartment at the time of entry, We shall leave in the Apartment a written statement specifying the date, time and purpose of entry prior to leaving the Apartment.
9.4 Prior to Your commencement of occupancy of the Apartment We shall inspect the Apartment together with You or Your representative. We shall furnish You with a written statement of the condition of the Apartment and the equipment provided with it. The statement shall be signed by both You and Us, and a copy of the statement shall be retained by Us in Your tenant's folder.
9.5 We shall also inspect the Apartment at the time You vacate the Apartment, and We shall furnish You with a statement of any charges to be made in accordance with Article 3 of this Lease. We will offer You the opportunity to participate in this final inspection, unless You vacate the Apartment without notice to Us.
9.6 Your Apartment will be inspected approximately at the end of 30-, 60-, and 90 days after You first move in. Unless problems are found, regular inspections will be made at approximately six-month intervals.
Article 10 Termination
10.1 Unless terminated as hereinafter provided, at the expiration of the initial term hereof, this Lease will be automatically extended for successive terms of one month each. All agreements and covenants will be binding upon You after the expiration or termination of this Lease so long as You or any person claiming under You shall occupy or hold the Apartment or any part thereof.
10.2 You may terminate this Lease at any time by delivering written notice to Us at least 15 days prior to the time You wish to move out.
10.3 We will not terminate or refuse to renew this Lease other than for serious or repeated violation of material terms of the Lease such as failure to make payments due under the Lease or to fulfill Tenant obligations set forth in Section 6.1, or for other good cause.
10.4 Either of the following types of criminal activity by You, any member of Your household, or a guest, or another person under Your control shall be cause for termination of Your tenancy:
(i) Any criminal activity that threatens the health, safety or right to peaceful enjoyment of Our public housing premises by other residents.
(ii) Any drug-related criminal activity on or near such premises.
10.4.1 In deciding to evict for criminal activity, We 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 proscribed activity.
10.4.2 When We evict an individual or family from a dwelling unit for engaging in criminal activity, including drug-related criminal activity, We shall notify the local post office serving that dwelling unit that such individual or family is no longer residing in the dwelling unit.
10.5 In the event We desire to terminate Your Lease, We will give written notice of Our intention:
(i) Fourteen days in the case of failure to pay rent.
(ii) A reasonable time considering the seriousness of the situation (but not to exceed 30 days) when the health or safety of other residents or Our employees is threatened.
(iii) Thirty days in any other case.
The notice to You shall state specific grounds for termination and shall inform You of Your right to make such reply as You may wish. The notice shall also inform You of the right to examine Our documents directly relevant to the termination or eviction. When We are required to afford You the opportunity for a grievance hearing, the notice shall also inform You of Your right to request a hearing in accordance with Our grievance procedure.
10.5.1 When We are required to afford You the opportunity for a hearing under Our grievance procedure for a grievance concerning the lease termination, Your tenancy shall not terminate (even if any notice to vacate under state or local law has expired) until the time for You to request a grievance hearing has expired and (if a hearing was timely requested by You) the grievance process has been completed.
10.5.2 When We are not required to afford You the opportunity for a hearing under Our administrative grievance procedure for a grievance concerning lease termination, and We have decided to exclude such grievance from Our grievance procedure, the said notice shall state that You are not entitled to a grievance hearing on the termination, specify the judicial eviction procedure to be used by Us for eviction and state that HUD has determined that this eviction procedure provides the opportunity for a hearing in court that contains the basic elements of due process as defined in HUD regulations and state whether the eviction is for a criminal activity as described in Subsection 10.4(i) hereof, or for a drug-related criminal activity as described in Subsection 10.4(ii) hereof.
10.6 You agree to quit and surrender the Apartment promptly when the expiration or termination of this Lease occurs, in good order or repair (reasonable wear and tear excepted) and to return all items of personal property, keys, equipment and fixtures furnished by You.
10.7 We will have the right, without further notice, to sell or otherwise dispose of any personal property left on the premises after You vacate the premises, provided that We shall follow all legal requirements in connection with any eviction proceedings.
Article 11 Additional and Miscellaneous Provisions
11.1 No consent to or waiver by Us of any breach of covenant, condition, rule or regulation set forth in or made part of this Lease or any amendment hereof will be construed as a consent or waiver for any other breach of the same or other covenant, condition, rule or regulation.
11.2 Any notice to You, except as provided in Article 9, shall be in writing and delivered to You or to an adult member of Your household residing in the Apartment, or shall be sent by prepaid first-class mail properly addressed to You at the Apartment or at such other address as You shall furnish to Us by proper written notice. If You are visually impaired, all notices must be in an accessible format.
11.3 Any Notice to Us shall be in writing and delivered either to the Development Office or to Our office at 679 Social Street, Woonsocket, RI 02895, or sent to Us by prepaid first-class mail at said office, but You may verbally request an informal hearing in accordance with Our Grievance Procedure.
11.4 All disputes concerning Your obligations or Our obligations (except as referred to in Section 10.5.2 hereof) will be resolved in accordance with Our grievance procedures in effect at the time such dispute arises. A copy of the grievance procedure is being furnished to You together with this Lease, and is incorporated herein by reference. A copy of the current grievance procedure is also posted and available at Our office at 679 Social Street, Woonsocket, Rhode Island 02895.
11.5 In the event We bring an action in court to enforce any provision of this Lease, recover possession of the Apartment, or collect rent or other charges due, and if We prevail in such action, You shall be responsible for the payment of Our reasonable costs and attorneys' fees under circumstances and to the extent permitted by law.
11.6 The entire legal agreement between You and Us consists of:
1. The application, dated
.
2. This lease.
3. The grievance procedure (receipt of copy by Tenant is acknowledged).
4. Tenant Handbook (receipt of copy by Tenant is acknowledged).
11.7 Any tenant may, at any time during the tenancy, request reasonable accommodation of a handicap of a household member, including reasonable accommodation so that the tenant can meet lease requirements or other requirements of tenancy.
11.8 Modification of this Lease must be accomplished by a written rider to the Lease executed by both parties, except for redeterminations of rent and family composition, and schedules of special charges for services, repairs and utilities, and rules and regulations.
IN WITNESS WHEREOF, each of the parties, intending to be legally bound, has duly executed this Lease at Woonsocket, Rhode Island as of the ______ day of ______________, 20___.
THE HOUSING AUTHORITY OF THE CITY OF WOONSOCKET, RHODE ISLAND
By:
Executive Director
Tenant
Tenant