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10B Action 2014 0203
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10B Action 2014 0203
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Last modified
6/5/2019 8:03:39 AM
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1/28/2014 6:09:45 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
2/3/2014
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PERM
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_CC Agenda 2014 0203 CS+RG
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\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0203
PowerPoint 10B Action 2014 0203 324 Lille Ave
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\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0203
Reso 2014-009
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\City Clerk\City Council\Resolutions\2014
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a. Lease agreements for the Assisted Unit must comply with Section 92.253 of the <br />HOME Regulations, as summarized below: <br />(1) The lease must be for a term of not less than one (1) year unless by mutual <br />agreement between tenant and owner. <br />(2) Any termination of tenancy or refusal to renew a lease must be preceded by <br />thirty (30) days written notice specifying the grounds for the action by the owner. Developer shall <br />not terminate the tenancy or refuse to renew the lease of a tenant except for serious or repeated <br />violation of the terms and conditions of the lease, for violation of applicable federal, state, or local <br />law, for completion of the transitional housing tenancy period, or for other good cause. Any <br />termination or refusal to renew a lease by Developer's service upon the tenant of a written notice <br />shall be in compliance with State law and specify the grounds for the action. <br />(3) Leases may not contain any of the following prohibitive clauses: <br />• Agreement by the tenant to be sued, to admit guilt, or to a judgment in favor <br />of Developer or Developer's agent in a lawsuit brought in connection with the lease; <br />• Agreement by the tenant that Developer may take, hold, or sell personal <br />property of household members without notice to the tenant and a court decision on the <br />rights of the parties. This prohibition, however, does not apply to an agreement by the tenant <br />concerning disposition of personal property remaining in the housing unit after the tenant has <br />moved out of the unit. Developer may dispose of this personal property in accordance with <br />state law; <br />• Agreement by the tenant not to hold Developer or Developer's agents legally <br />responsible for any action or failure to act, whether intentional or negligent; <br />• Agreement of the tenant that Developer or Developer's agent may institute a <br />lawsuit without notice to the tenant; <br />• Agreement by the tenant that Developer or Developer's agent may evict the <br />tenant or household members without instituting a civil court proceeding in which the tenant <br />has the opportunity to present a defense, or before a court decision on the rights of the <br />parties; <br />Agreement by the tenant to waive any right to a trial by jury; <br />• Agreement by the tenant to waive tenant's right to appeal, or to otherwise <br />challenge in court, a court decision in connection with the lease; and <br />• Agreement by the tenant to pay attorneys' fees or other legal costs even if the <br />tenant wins in a court proceeding by the owner against the tenant. The tenant, however, may <br />be obligated to pay costs if the tenant loses. <br />2220342.1 Page 4 <br />
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