Common use of Protections for Victims of Abuse Clause in Contracts

Protections for Victims of Abuse. (1) An incident or incidents of actual or threatened domestic violence, dating violence, or stalking will not be construed as serious or repeated violations of the lease or other “good cause” for termination of the assistance, tenancy, or occupancy rights of such a victim. (2) Criminal activity directly relating to abuse, engaged in by a member of a tenant’s household or any guest or other person under the tenant’s control, shall not be cause for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate member of the tenant’s family is the victim or threatened victim of domestic violence, dating violence, or stalking. (3) Notwithstanding any restrictions on admission, occupancy, or terminations of occupancy or assistance, or any Federal, State or local law to the contrary, a PHA, owner or manager may “bifurcate” a lease, or otherwise remove a household member from a lease, without regard to whether a household member is a signatory to the lease, in order to evict, remove, terminate occupancy rights, or terminate assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against family members or others. This action may be taken without evicting, removing, terminating assistance to, or otherwise penalizing the victim of the violence who is also a tenant or lawful occupant. Such eviction, removal, termination of occupancy rights, or termination of assistance shall be effected in accordance with the procedures prescribed by Federal, State, and local law for the termination of leases or assistance under the housing choice voucher program. (4) Nothing in this section may be construed to limit the authority of a public housing agency, owner, or manager, when notified, to honor court orders addressing rights of access or control of the property, including civil protection orders issued to protect the victim and issued to address the distribution or possession of property among the household members in cases where a family breaks up. (5) Nothing in this section limits any otherwise available authority of an owner or manager to evict or the public housing agency to terminate assistance to a tenant for any violation of a lease not premised on the act or acts of violence in question against the tenant or a member of the tenant’s household, provided that the owner, manager, or public housing agency does not subject an individual who is or has been a victim of domestic violence, dating violence, or stalking to a more demanding standard than other tenants in determining whether to evict or terminate. (6) Nothing in this section may be construed to limit the authority of an owner or manager to evict, or the public housing agency to terminate assistance, to any tenant if the owner, manager, or public housing agency can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the property if the tenant is not evicted or terminated from assistance. (7) Nothing in this section shall be construed to supersede any provision of any Federal, State, or local law that provides greater protection than this section for victims of domestic violence, dating violence, or stalking.

Appears in 20 contracts

Samples: Housing Assistance Payments Contract, Housing Assistance Payments Contract, Housing Assistance Payments Contract

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Protections for Victims of Abuse. (1) An incident Incidents or incidents threats of actual or threatened domestic violence, dating violence, or stalking abuse will not be construed as serious or repeated violations of the lease or other “good cause” for termination of the assistance, tenancy, or occupancy rights of such a victimvictim of abuse. (2) Criminal activity directly relating to abuse, engaged in by a member of a tenant’s household or any guest or other person under the tenant’s control, shall not be cause for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate member of the tenant’s family is the victim or threatened victim of domestic violence, dating violence, or stalkingthat abuse. (3) Notwithstanding any restrictions on admission, occupancy, or terminations of occupancy or assistance, or any Federal, State or local law to the contrary, a PHA, owner or manager may “bifurcate” a lease, or otherwise remove a household member from a lease, without regard to whether a household member is a signatory to the lease, in order to evict, remove, terminate occupancy rights, or terminate assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against family members or others. This action may be taken without evicting, removing, terminating assistance to, or otherwise penalizing the victim of the violence who is also a tenant or lawful occupant. Such eviction, removal, termination of occupancy rights, or termination of assistance shall be effected in accordance with the procedures prescribed by Federal, State, and local law for the termination of leases or assistance under the housing choice voucher program. (4) Nothing in this section may be construed to limit the authority of a public housing agencyPHA, owner, or manager, when notified, to honor court orders addressing rights of access or control of the property, including civil protection orders issued to protect the victim and issued to address the distribution or possession of property among the household members in cases where a family breaks up. (5) Nothing in this section limits any otherwise available authority of an owner or manager to evict or the public housing agency PHA to terminate assistance to a tenant for any violation of a lease not premised on the act or acts of violence in question against the tenant or a member of the tenant’s household, provided that the owner, manager, or public housing agency PHA does not subject an individual who is or has been a victim of domestic violence, dating violence, or stalking to a more demanding standard than other tenants in determining whether to evict or terminate. (6) Nothing in this section may be construed to limit the authority of an owner or manager to evict, or the public housing agency PHA to terminate assistance, to any tenant if the owner, manager, or public housing agency PHA can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the property if the tenant is not evicted or terminated from assistance. (7) Nothing in this section shall be construed to supersede any provision of any Federal, State, or local law that provides greater protection than this section for victims of domestic violence, dating violence, or stalking.

Appears in 2 contracts

Samples: Residential Lease Agreement, Housing Assistance Payments Contract

Protections for Victims of Abuse. (1) Notwithstanding any of the provisions in paragraph 18 above: A. An incident or incidents of actual or threatened domestic violence, dating violence, or stalking will not be construed as serious or repeated violations of this Lease by the lease victim or threatened victim or other “good cause” for termination of the assistanceTenant Assistance Payment, tenancy, or occupancy rights of of, or assistance to such a victim or threatened victim. (2) B. Criminal activity directly relating to domestic violence, dating violence, stalking, or abuse, engaged in by a member of a tenantTenant’s household or any guest or other person under the tenantTenant’s control, shall not be cause for termination of assistancethe Tenant Assistance Payment, tenancy, or occupancy rights if the tenant Tenant or an immediate member of the tenantTenant’s family is the victim or threatened victim of domestic violence, dating violence, or stalking. (3) C. Notwithstanding any restrictions on admission, occupancy, or terminations termination of occupancy or assistance, or any Federalfederal, State state or local law to the contrary, a PHA, owner or manager Landlord may “bifurcate” a leasethis Lease, or otherwise remove a household member from a leasethe Lease, without regard to whether a household member is a signatory to the leaseLease, in order to evict, remove, terminate occupancy rights, or terminate assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against family members or others. This action may be taken without evicting, removing, terminating assistance to, or otherwise penalizing the victim or threatened victim of the violence who is also a tenant or lawful occupant. Such eviction, removal, termination of occupancy rights, or termination of assistance shall be effected in accordance with the procedures prescribed by Federalfederal, Statestate, and local law for the termination of leases or assistance under the housing choice voucher program. (4) D. Nothing in this section may be construed to limit the authority of a public housing agency, owner, or managerLandlord, when notified, to honor court orders addressing rights of access or control of the propertyLeased Premises or Grounds, including civil protection orders issued to protect the victim and issued to address the distribution or possession of property among the household members in cases where a family breaks up. (5) E. Nothing in this section limits any otherwise available authority of an owner or manager Landlord to evict or the public housing agency to terminate assistance to a tenant Tenant for any violation of a lease this Lease not premised on the act or acts of violence in question against the tenant Tenant or a member of the tenantTenant’s household, provided that the owner, manager, or public housing agency does Landlord shall not subject an individual who is or has been a victim or threatened victim of domestic violence, dating violence, or stalking to a more demanding standard than other tenants in determining whether to evict or terminate. (6) F. Nothing in this section may shall be construed to limit the authority of an owner Landlord to evict or manager to evict, or the public housing agency to terminate assistance, assistance to any tenant if the owner, manager, or public housing agency Landlord can demonstrate an actual and imminent threat to other tenants of the Premises and Grounds, or those employed at or providing service to the property Premises and Grounds, if the tenant Tenant is not evicted or terminated from assistance. In this context, words, gestures, actions, or other indicators will be considered an “actual imminent threat” if they meet the standards provided in 24 CFR 2005 (e). G. If Tenant is a victim of (7i) family abuse as defined by Va. Code § 16.1- 228, (ii) sexual abuse as defined by § 18.2-67.10, or (iii) other criminal sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, Tenant may terminate his/her obligations under this Lease under the following circumstances: 1. The victim has obtained an order of protection pursuant to Va. Code § 16.1-279.1 and has given written notice of termination in accordance with this subsection during the period of the protective order or any extension thereof; or 2. A court has entered an order convicting a perpetrator of any crime of sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, sexual abuse as defined by § 18.2-67.10, or family abuse as defined by § 16.1-228 against the victim and the victim gives written notice of termination in accordance with this subsection. If Tenant qualifies to terminate his/her obligations under this Lease pursuant to this subsection, he/she shall do so by serving on Landlord a written notice of termination to be effective on a date stated therein, such date to be not less than 30 days after the first date on which the next rental payment is due and payable after the date on which the written notice is given. When Tenant serves the termination notice on Landlord, Tenant shall also provide Landlord with a copy of (i) the order of protection issued or (ii) the conviction order. The victim's obligations as a tenant shall continue through the effective date of the termination as provided in the written notice. Any co-tenants on the Lease with the victim shall remain responsible for the Tenant Rent for the balance of the term of the Lease. If the perpetrator is the remaining sole tenant obligated on the Lease, Landlord may terminate the Lease and collect actual damages for such termination against the perpetrator pursuant to Va. Code § 55-248.35. Nothing in this section shall be construed to supersede any provision of any Federalfederal, Statestate, or local law that provides greater protection than this section for victims of domestic violence, dating violence, or stalking. Tenant has read and agrees to abide by the terms of Landlord’s Protections for Victims of Abuse Policy set forth in Exhibit L attached to and made part of this Lease.

Appears in 1 contract

Samples: Lease Agreement

Protections for Victims of Abuse. (1) An incident or incidents of actual or threatened domestic violence, dating violence, or stalking will not be construed as serious or repeated violations of the lease or other “good cause” for termination of the assistance, tenancy, or occupancy rights of such a victim. (2) Criminal activity directly relating to abuse, engaged in by a member of a tenant’s household or any guest or other person under the tenant’s control, shall not be cause for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate member of the tenant’s family is the victim or threatened victim of domestic violence, dating violence, or stalking. (3) Notwithstanding any restrictions on admission, occupancy, or terminations of occupancy or assistance, or any Federal, State or local law to the contrary, a PHAHACSM, owner or manager may “bifurcate” a lease, or otherwise remove a household member from a lease, without regard to whether a household member is a signatory to the lease, in order to evict, remove, terminate occupancy rights, or terminate assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against family members or others. This action may be taken without evicting, removing, terminating assistance to, or otherwise penalizing the victim of the violence who is also a tenant or lawful occupant. Such eviction, removal, termination of occupancy rights, or termination of assistance shall be effected in accordance with the procedures prescribed by Federal, State, and local law for the termination of leases or assistance under the housing choice voucher program. (4) Nothing in this section may be construed to limit the authority of a public housing agencyHACSM, owner, or manager, when notified, to honor court orders addressing rights of access or control of the property, including civil protection orders issued to protect the victim and issued to address the distribution or possession of property among the household members in cases where a family breaks up. (5) Nothing in this section limits any otherwise available authority of an owner or manager to evict or the public housing agency HACSM to terminate assistance to a tenant for any violation of a lease not premised on the act or acts of violence in question against the tenant or a member of the tenant’s household, provided that the owner, manager, or public housing agency HACSM does not subject an individual who is or has been a victim of domestic violence, dating violence, or stalking to a more demanding standard than other tenants in determining whether to evict or terminate. (6) Nothing in this section may be construed to limit the authority of an owner or manager to evict, or the public housing agency HACSM to terminate assistance, to any tenant if the owner, manager, or public housing agency can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the property if the tenant is not evicted or terminated from assistance. (7) Nothing in this section shall be construed to supersede any provision of any Federal, State, or local law that provides greater protection than this section for victims of domestic violence, dating violence, or stalking.

Appears in 1 contract

Samples: Housing Assistance Payments Contract

Protections for Victims of Abuse. (1) . An incident or incidents of actual or threatened domestic violence, dating violence, or stalking will not be construed as serious or repeated violations of the lease or other “good cause” for termination of the assistance, tenancy, tenancy or occupancy rights of such a the victim. (2) . Criminal activity directly relating to abuse, engaged in by a member of a tenant’s household household, or any guest guest, or other person under the tenant’s control, shall not be cause for termination of assistance, tenancy, tenancy or occupancy rights if the tenant or an immediate member of the tenant’s family is the victim or threatened victim of domestic violence, dating violence, or stalking. (3) . Notwithstanding any restrictions on admission, occupancy, or terminations of occupancy or assistance, or any Federal, State State, or local law to the contrary, a PHA, owner or manager the Authority may “bifurcate” a lease, or otherwise remove a household member from a lease, without regard to whether a household member is a signatory to the lease, in order to evict, remove, remove or terminate occupancy rights, or terminate assistance to rights of any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against family members or others. This action may be taken without evicting, removing, terminating assistance to, or otherwise penalizing the victim of the violence who is also a tenant or lawful occupant. Such eviction, removal, or termination of occupancy rights, or termination of assistance rights shall be effected in accordance with the procedures prescribed by Federal, State, and local law for the termination of leases or assistance under the housing choice voucher programleases. (4) . Nothing in this section may be construed to limit the authority of a public housing agency, owner, or managerthe Authority, when notified, to honor court orders addressing rights of access or control of the property, including civil protection orders issued to protect the victim and issued to address the distribution or possession of property among the household members in cases where a family breaks up. (5) . Nothing in this section limits any otherwise available authority of an owner or manager the Authority to evict or the public housing agency to terminate assistance to a tenant for any violation of a lease not premised on the act or acts of violence in question against the tenant or a member of the tenant’s household, provided that the owner, manager, or public housing agency Authority does not subject an individual who is or has been a victim of domestic violence, dating violence, or stalking stalking, to a more demanding standard than other tenants in determining whether to evict or terminateevict. (6) . Nothing in this section may be construed to limit the authority of an owner or manager the Authority to evict, or the public housing agency to terminate assistance, to evict any tenant if the owner, manager, or public housing agency Authority can demonstrate an actual and imminent threat to other tenants tenants, or to those employed at or providing service to the property property, if the tenant is not evicted or terminated from assistanceevicted. (7) . Nothing in this section shall be construed to supersede any provision of any Federal, State, or local law that provides greater protection than this section for victims of domestic violence, dating violence, or stalking.

Appears in 1 contract

Samples: Residential Lease Agreement

Protections for Victims of Abuse. (1) . An incident or incidents of actual or threatened domestic violence, dating violence, or stalking will not be construed as serious or repeated violations of the lease or other “good cause” for termination of the assistance, tenancy, or occupancy rights of such a victim. (2) . Criminal activity directly relating to abuse, engaged in by a member of a tenant’s household or any guest or other person under the tenant’s control, shall not be cause for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate member of the tenant’s family is the victim or threatened victim of domestic violence, dating violence, violence or stalking. (3) . Notwithstanding any restrictions on admission, occupancy, or terminations of occupancy or assistance, or any Federal, State or local law to the contrary, a PHA, owner or manager may “bifurcate” a lease, or otherwise remove a household member from a lease, without regard to whether a household member is a signatory to the lease, in order to evict, remove, terminate occupancy rights, or terminate assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against family members or others. This action may be taken without evicting, removing, terminating assistance to, or otherwise penalizing the victim of the violence who is also a tenant or lawful occupant. Such eviction, removal, termination of occupancy rights, or termination of assistance shall be effected in accordance with the procedures prescribed by Federal, State, and local law for the termination of leases or assistance under the housing choice voucher program. (4) . Nothing in this section may be construed to limit the authority of a public housing agency, owner, or manager, when notified, to honor court orders addressing rights of access or control of the property, including civil protection orders issued to protect the victim and issued to address the distribution or possession of property among the household members in cases where a family breaks up. (5) . Nothing in this section limits any otherwise available authority of an owner or manager to evict or the public housing agency to terminate assistance to a tenant for any violation of a lease not premised on the act or acts of violence in question against the tenant or a member of the tenant’s household, provided that the owner, manager, or public housing agency does not subject an individual who is or has been a victim of domestic violence, dating violence, or stalking to a more demanding standard than other tenants in determining whether to evict or terminate. (6) . Nothing in this section may be construed to limit the authority of an owner or manager to evict, or the public housing agency to terminate assistance, to any tenant if the owner, manager, or public housing agency can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the property if the tenant is not evicted or terminated from assistance. (7) . Nothing in this section shall be construed to supersede any provision of any Federal, State, or local law that provides greater protection than this section for victims of domestic violence, dating violence, or stalking.

Appears in 1 contract

Samples: Residential Lease Agreement

Protections for Victims of Abuse. (1) An incident Incidents or incidents threats of actual or threatened domestic violence, dating violence, or stalking abuse will not be construed as serious or repeated violations of the lease or other “good cause” for termination of the assistance, tenancy, or occupancy rights of such a victimvictim of abuse. (2) Criminal activity directly relating to abuse, engaged in by a member of a tenant’s household or any guest or other person under the tenant’s control, shall not be cause for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate member of the tenant’s family is the victim or threatened victim of domestic violence, dating violence, or stalkingthat abuse. (3) Notwithstanding any restrictions on admission, occupancy, or terminations of occupancy or assistance, or any Federal, State or local law to the contrary, a PHA, owner or manager may “bifurcate” a lease, or otherwise remove a household member from a lease, without regard to whether a household member is a signatory to the lease, in order to evict, remove, terminate occupancy rights, or terminate assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against family members or others. This action may be taken without evicting, removing, terminating assistance to, or otherwise penalizing the victim of the violence who is also a tenant or lawful occupant. Such eviction, removal, termination of occupancy rights, or termination of assistance shall be effected in accordance with the procedures prescribed by Federal, State, and local law for the termination of leases or assistance under the housing choice voucher program. (4) Nothing in this section may be construed to limit the authority of a public housing agencyPHA, owner, or manager, when notified, to honor court orders addressing rights of access or control of the property, including civil protection orders issued to protect the victim and issued to address the distribution or possession of property among the household members in cases where a family breaks up. (5) Nothing in this section limits any otherwise available authority of an owner or manager to evict or the public housing agency PHA to terminate assistance to a tenant for any violation of a lease not premised on the act or acts of violence in question against the tenant or a member of the tenant’s household, provided that the owner, manager, or public housing agency PHA does not subject an individual who is or has been a victim of domestic violence, dating violence, or stalking to a more demanding standard than other tenants in determining whether to evict or terminate. (6) Nothing in this section may be construed to limit the authority of an owner or manager to evict, or the public housing agency PHA to terminate assistance, to any tenant if the owner, manager, or public housing agency PHA can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the property if the The tenant is not evicted or terminated from assistance. (7) Nothing in this section shall be construed to supersede any provision of any Federal, State, or local law that provides greater protection than this section for victims of domestic violence, dating violence, or stalking.

Appears in 1 contract

Samples: Lease Rental Agreement

Protections for Victims of Abuse. (1) An incident or incidents of actual or threatened domestic violence, dating violence, or stalking will not be construed as serious or repeated violations of the lease or other “good cause” for termination of the assistance, tenancy, or occupancy rights of such a victim. (2) Criminal activity directly relating to abuse, engaged in by a member of a tenant’s household or any guest or other person under the tenant’s control, shall not be cause for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate member of the tenant’s family is the victim or threatened victim of domestic violence, dating violence, or stalking. (3) Notwithstanding any restrictions on admission, occupancy, or terminations of occupancy or assistance, or any Federal, State or local law to the contrary, a PHA, owner or manager may “bifurcate” a lease, or otherwise remove a household member from a lease, without regard to whether a household member is a signatory to the lease, in order to evict, remove, terminate occupancy rights, or terminate assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against family members or others. This action may be taken without evicting, removing, terminating assistance to, or otherwise penalizing the victim of the violence who is also a tenant or lawful occupant. Such eviction, removal, termination of occupancy rights, or termination of assistance shall be effected in accordance with the procedures prescribed by Federal, State, and local law for the termination of leases or assistance under the housing choice voucher program. (4) Nothing in this section may be construed to limit the authority of a public housing agency, owner, or manager, when notified, to honor court orders addressing rights of access or control of the property, including civil protection orders issued to protect the victim and issued to address the distribution or possession of property among the household members in cases where a family breaks up. (5) Nothing in this section limits any otherwise available authority of an owner or manager to evict or the public housing agency to terminate assistance to a tenant for any violation of a lease not premised on the act or acts of violence in question against the tenant or a member of the tenant’s household, provided that the owner, manager, or public housing agency does not subject an individual who is or has been a victim of domestic violence, dating violence, or stalking to a more demanding standard demandingstandard than other tenants in determining whether to evict or terminate. (6) Nothing in this section may be construed to limit the authority of an owner or manager to evict, or the public housing agency to terminate assistance, to any tenant if the owner, manager, or public housing agency can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the property if the tenant is not evicted or terminated from assistance. (7) Nothing in this section shall be construed to supersede any provision of any Federal, State, or local law that provides greater protection than this section for victims of domestic violence, dating violence, or stalking.

Appears in 1 contract

Samples: Housing Assistance Payments Contract

Protections for Victims of Abuse. (1) Notwithstanding any of the provisions in paragraph 18 above: A. An incident or incidents of actual or threatened domestic violence, dating violence, or stalking will not be construed as serious or repeated violations of this Lease by the lease victim or threatened victim of the domestic violence, dating violence, or stalking, or as other “good cause” for termination of the assistanceTenant Assistance Payment, tenancy, or occupancy rights of of, or assistance to such a victim or threatened victim. (2) B. Criminal activity directly relating to abuse, engaged in by a member of a tenantTenant’s household or any guest or other person under the tenantTenant’s control, shall not be cause for termination of assistancethe Tenant Assistance Payment, tenancy, or occupancy rights if the tenant Tenant or an immediate member of the tenantTenant’s family is the victim or threatened victim of domestic violence, dating violence, or stalking. (3) C. Notwithstanding any restrictions on admission, occupancy, or terminations termination of occupancy or assistance, or any Federalfederal, State state or local law to the contrary, a PHA, owner or manager Landlord may “bifurcate” a leasethis Lease, or otherwise remove a household member from a leasethe Lease, without regard to whether a household member is a signatory to the leaseLease, in order to evict, remove, terminate occupancy rights, or terminate assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against family members or others. This action may be taken without evicting, removing, terminating assistance to, or otherwise penalizing the victim of the violence who is also a tenant or lawful occupant. Such eviction, removal, termination of occupancy rights, or termination of assistance shall be effected in accordance with the procedures prescribed by Federalfederal, Statestate, and local law for the termination of leases or assistance under the housing choice voucher programleases. (4) D. Nothing in this section may be construed to limit the authority of a public housing agency, owner, or managerLandlord, when notified, to honor court orders addressing rights of access or control of the propertyLeased Premises or Grounds, including civil protection orders issued to protect the victim and issued to address the distribution or possession of property among the household members in cases where a family breaks up. (5) E. Nothing in this section limits any otherwise available authority of an owner or manager Landlord to evict or the public housing agency to terminate assistance to a tenant Tenant for any violation of a lease this Lease not premised on the act or acts of violence in question against the tenant Tenant or a member of the tenantTenant’s household, provided that the owner, manager, or public housing agency does Landlord shall not subject an individual who is or has been a victim of domestic violence, dating violence, or stalking to a more demanding standard than other tenants in determining whether to evict or terminate. (6) F. Nothing in this section may shall be construed to limit the authority of an owner Landlord to evict or manager to evict, or the public housing agency to terminate assistance, assistance to any tenant if the owner, manager, or public housing agency Landlord can demonstrate an actual and imminent threat to other tenants of the Grounds or those employed at or providing service to the property Grounds if the tenant Tenant is not evicted or terminated from assistance. G. If Tenant is a victim of (7i) family abuse as defined by Va. Code § 16.1-228, (ii) sexual abuse as defined by § 18.2-67.10, or (iii) other criminal sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, Tenant may terminate his/her obligations under this Lease under the following circumstances: 1. The victim has obtained an order of protection pursuant to Va. Code § 16.1-279.1 and has given written notice of termination in accordance with this subsection during the period of the protective order or any extension thereof; or 2. A court has entered an order convicting a perpetrator of any crime of sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, sexual abuse as defined by § 18.2-67.10, or family abuse as defined by § 16.1-228 against the victim and the victim gives written notice of termination in accordance with this subsection. If Tenant qualifies to terminate his/her obligations under this Lease pursuant to this subsection, he/she shall do so by serving on Landlord a written notice of termination to be effective on a date stated therein, such date to be not less than 30 days after the first date on which the next rental payment is due and payable after the date on which the written notice is given. When Tenant serves the termination notice on Landlord, Tenant shall also provide Landlord with a copy of (i) the order of protection issued or (ii) the conviction order. The victim's obligations as a tenant shall continue through the effective date of the termination as provided in the written notice. Any co-tenants on the Lease with the victim shall remain responsible for the Tenant Rent for the balance of the term of the Lease. If the perpetrator is the remaining sole tenant obligated on the Lease, Landlord may terminate the Lease and collect actual damages for such termination against the perpetrator pursuant to Va. Code § 55.1-1251. Nothing in this section shall be construed to supersede any provision of any Federalfederal, State, or local law that provides greater protection than this section for victims of domestic violence, dating violence, or stalking. Tenant has read and agrees to abide by the terms of Landlord’s Protections for Victims of Abuse Policy set forth in Exhibit M attached to and made part of this Lease.

Appears in 1 contract

Samples: Lease Agreement

Protections for Victims of Abuse. (1) Notwithstanding any of the provisions in paragraph 18 above: A. An incident or incidents of actual or threatened domestic violence, dating violence, or stalking will not be construed as serious or repeated violations of this Lease by the lease victim or threatened victim of the domestic violence, dating violence, or stalking, or as other “good cause” for termination of the assistanceTenant Assistance Payment, tenancy, or occupancy rights of of, or assistance to such a victim or threatened victim. (2) B. Criminal activity directly relating to abuse, engaged in by a member of a tenantTenant’s household or any guest or other person under the tenantXxxxxx’s control, shall not be cause for termination of assistancethe Tenant Assistance Payment, tenancy, or occupancy rights if the tenant Tenant or an immediate member of the tenantTenant’s family is the victim or threatened victim of domestic violence, dating violence, or stalking. (3) C. Notwithstanding any restrictions on admission, occupancy, or terminations termination of occupancy or assistance, or any Federalfederal, State state or local law to the contrary, a PHA, owner or manager Landlord may “bifurcate” a leasethis Lease, or otherwise remove a household member from a leasethe Lease, without regard to whether a household member is a signatory to the leaseLease, in order to evict, remove, terminate occupancy rights, or terminate assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against family members or others. This action may be taken without evicting, removing, terminating assistance to, or otherwise penalizing the victim of the violence who is also a tenant or lawful occupant. Such eviction, removal, termination of occupancy rights, or termination of assistance shall be effected in accordance with the procedures prescribed by Federalfederal, Statestate, and local law for the termination of leases or assistance under the housing choice voucher programleases. (4) D. Nothing in this section may be construed to limit the authority of a public housing agency, owner, or managerLandlord, when notified, to honor court orders addressing rights of access or control of the propertyLeased Premises or Grounds, including civil protection orders issued to protect the victim and issued to address the distribution or possession of property among the household members in cases where a family breaks up. (5) E. Nothing in this section limits any otherwise available authority of an owner or manager Landlord to evict or the public housing agency to terminate assistance to a tenant Tenant for any violation of a lease this Lease not premised on the act or acts of violence in question against the tenant Tenant or a member of the tenantTenant’s household, provided that the owner, manager, or public housing agency does Landlord shall not subject an individual who is or has been a victim of domestic violence, dating violence, or stalking to a more demanding standard than other tenants in determining whether to evict or terminate. (6) F. Nothing in this section may shall be construed to limit the authority of an owner Landlord to evict or manager to evict, or the public housing agency to terminate assistance, assistance to any tenant if the owner, manager, or public housing agency Landlord can demonstrate an actual and imminent threat to other tenants of the Grounds or those employed at or providing service to the property Grounds if the tenant Tenant is not evicted or terminated from assistance. G. If Tenant is a victim of (7i) family abuse as defined by Va. Code § 16.1-228, (ii) sexual abuse as defined by § 18.2-67.10, or (iii) other criminal sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, Xxxxxx may terminate his/her obligations under this Lease under the following circumstances: 1. The victim has obtained an order of protection pursuant to Va. Code § 16.1-279.1 and has given written notice of termination in accordance with this subsection during the period of the protective order or any extension thereof; or 2. A court has entered an order convicting a perpetrator of any crime of sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, sexual abuse as defined by § 18.2-67.10, or family abuse as defined by § 16.1-228 against the victim and the victim gives written notice of termination in accordance with this subsection. If Xxxxxx qualifies to terminate his/her obligations under this Lease pursuant to this subsection, he/she shall do so by serving on Landlord a written notice of termination to be effective on a date stated therein, such date to be not less than 30 days after the first date on which the next rental payment is due and payable after the date on which the written notice is given. When Xxxxxx serves the termination notice on Landlord, Tenant shall also provide Landlord with a copy of (i) the order of protection issued or (ii) the conviction order. The victim's obligations as a tenant shall continue through the effective date of the termination as provided in the written notice. Any co-tenants on the Lease with the victim shall remain responsible for the Tenant Rent for the balance of the term of the Lease. If the perpetrator is the remaining sole tenant obligated on the Lease, Landlord may terminate the Lease and collect actual damages for such termination against the perpetrator pursuant to Va. Code § 55.1-1251. Nothing in this section shall be construed to supersede any provision of any Federalfederal, State, or local law that provides greater protection than this section for victims of domestic violence, dating violence, or stalking. Xxxxxx has read and agrees to abide by the terms of Landlord’s Protections for Victims of Abuse Policy set forth in Exhibit M attached to and made part of this Lease.

Appears in 1 contract

Samples: Lease Agreement

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Protections for Victims of Abuse. (1) An incident or incidents of actual or threatened domestic violence, dating violence, or stalking will not be construed as serious or repeated violations of the lease or other “good cause” for termination of the assistance, tenancy, or occupancy rights of such a victim. (2) Criminal activity directly relating to abuse, engaged in by a member of a tenant’s household or any guest or other person under the tenant’s control, shall not be cause for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate member of the tenant’s family is the victim or threatened victim of domestic violence, dating violence, or stalking. (3) Notwithstanding any restrictions on admission, occupancy, or terminations of occupancy or assistance, or any Federal, State or local law to the contrary, a PHA, owner or manager may “bifurcate” a lease, or otherwise remove a household member from a lease, without regard to whether a household member is a signatory to the lease, in order to evict, remove, terminate occupancy rights, or terminate assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against family members or others. This action may be taken without evicting, removing, terminating assistance to, or otherwise penalizing the victim of the violence who is also a tenant or lawful occupant. Such eviction, removal, termination of occupancy rights, or termination of assistance shall be effected in accordance with the procedures prescribed by Federal, State, and local law for the termination of leases or assistance under the housing choice voucher program. (4) Nothing in this section may be construed to limit the authority of a public housing agency, owner, or manager, when notified, to honor court orders addressing rights of access or control of the property, including civil protection orders issued to protect the victim and issued to address the distribution or possession of property among the household members in cases where a family breaks up.breaks (5) Nothing in this section limits any otherwise available authority of an owner or manager to evict or the public housing agency to terminate assistance to a tenant for any violation of a lease not premised on the act or acts of violence in question against the tenant or a member of the tenant’s household, provided that the owner, manager, or public housing agency does not subject an individual who is or has been a victim of domestic violence, dating violence, or stalking to a more demanding standard than other tenants in determining whether to evict or terminate. (6) Nothing in this section may be construed to limit the authority of an owner or manager to evict, or the public housing agency to terminate assistance, to any tenant if the owner, manager, or public housing agency can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the property if the tenant is not evicted or terminated from assistance. (7) Nothing in this section shall be construed to supersede any provision of any Federal, State, or local law that provides greater protection than this section for victims of domestic violence, dating violence, or stalking.

Appears in 1 contract

Samples: Lease Agreement

Protections for Victims of Abuse. (1) Notwithstanding the provisions in Paragraph 18 above: A. An incident or incidents of actual or threatened domestic violence, dating violence, or stalking will not be construed as serious or repeated violations of this Lease by the lease victim or threatened victim of the domestic violence, dating violence, or stalking, or as other “good cause” for termination of the assistanceTenant Assistance Payment, tenancy, or occupancy rights of such a victim or threatened victim. (2) B. Criminal activity directly relating to abuse, engaged in by a member of a tenantTenant’s household or any guest or other person under the tenantTenant’s control, shall not be cause for termination of assistancethe Tenant Assistance Payment, tenancy, or occupancy rights if the tenant Tenant or an immediate member of the tenantTenant’s family is the victim or threatened victim of domestic violence, dating violence, or stalking. (3) C. Notwithstanding any restrictions on admission, occupancy, or terminations of occupancy or assistance, or any Federalfederal, State state or local law to the contrary, a PHA, owner or manager Landlord may “bifurcate” a leasethis Lease, or otherwise remove a household member from a leasethe Lease, without regard to whether a household member is a signatory to the leaseLease, in order to evict, remove, terminate occupancy rights, or terminate assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against family members or others. This action may be taken without evicting, removing, terminating assistance to, or otherwise penalizing the victim of the violence who is also a tenant or lawful occupant. Such eviction, removal, termination of occupancy rights, or termination of assistance shall be effected in accordance with the procedures prescribed by Federalfederal, Statestate, and local law for the termination of leases or assistance under the housing choice voucher programleases. (4) D. Nothing in this section may be construed to limit the authority of a public housing agency, owner, or managerLandlord, when notified, to honor court orders addressing rights of access or control of the propertyLeased Premises, Building, or Grounds, including civil protection orders issued to protect the victim and issued to address the distribution or possession of property among the household members in cases where a family breaks up. (5) E. Nothing in this section limits any otherwise available authority of an owner or manager Landlord to evict or the public housing agency to terminate assistance to a tenant Tenant for any violation of a lease this Lease not premised on the act or acts of violence in question against the tenant Tenant or a member of the tenantTenant’s household, provided that the owner, manager, or public housing agency does Landlord shall not subject an individual who is or has been a victim of domestic violence, dating violence, or stalking to a more demanding standard than other tenants in determining whether to evict or terminate. (6) F. Nothing in this section may shall be construed to limit the authority of an owner Landlord to evict or manager to evict, or the public housing agency to terminate assistance, assistance to any tenant if the owner, manager, or public housing agency Landlord can demonstrate an actual and imminent threat to other tenants of the Building or those employed at or providing service to the property Building or Grounds if the tenant Tenant is not evicted or terminated from assistance. G. If Tenant is a victim of (7i) family abuse as defined by Va. Code § 16.1- 228, (ii) sexual abuse as defined by § 18.2-67.10, or (iii) other criminal sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, Tenant may terminate his/her obligations under this Lease under the following circumstances: 1. The victim has obtained an order of protection pursuant to Va. Code § 16.1-279.1 and has given written notice of termination in accordance with this subsection during the period of the protective order or any extension thereof; or 2. A court has entered an order convicting a perpetrator of any crime of sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, sexual abuse as defined by § 18.2-67.10, or family abuse as defined by § 16.1-228 against the victim and the victim gives written notice of termination in accordance with this subsection. If Tenant qualifies to terminate his/her obligations under this Lease pursuant to this subsection, he/she shall do so by serving on Landlord a written notice of termination to be effective on a date stated therein, such date to be not less than 30 days after the first date on which the next rental payment is due and payable after the date on which the written notice is given. When Tenant serves the termination notice on Landlord, Tenant shall also provide Landlord with a copy of (i) the order of protection issued or (ii) the conviction order. The victim's obligations as a tenant shall continue through the effective date of the termination as provided in the written notice. Any co-tenants on the Lease with the victim shall remain responsible for the Tenant Rent for the balance of the term of the Lease. If the perpetrator is the remaining sole tenant obligated on the Lease, Landlord may terminate the Lease and collect actual damages for such termination against the perpetrator pursuant to Va. Code § 55-248.35. Nothing in this section shall be construed to supersede any provision of any Federalfederal, Statestate, or local law that provides greater protection than this section for victims of domestic violence, dating violence, or stalking. Tenant has read and agrees to abide by the terms of Landlord’s Protections for Victims of Abuse Policy set forth in Exhibit H attached to and made part of this Lease.

Appears in 1 contract

Samples: Lease Agreement

Protections for Victims of Abuse. (1) An incident or incidents of actual or threatened domestic violence, dating violence, or stalking will not be construed as serious or repeated violations of the lease or other “good cause” for termination of the assistance, tenancy, or occupancy rights of such a victim. (2) Criminal activity directly relating to abuse, engaged in by a member of a tenant’s household or any guest or other person under the tenant’s control, shall not be cause for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate member of the tenant’s family is the victim or threatened victim of domestic violence, dating violence, or stalking.. SAMPLE (3) Notwithstanding any restrictions on admission, occupancy, or terminations of occupancy or assistance, or any Federal, State or local law to the contrary, a PHA, owner or manager may “bifurcate” a lease, or otherwise remove a household member from a lease, without regard to whether a household member is a signatory to the lease, in order to evict, remove, terminate occupancy rights, or terminate assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against family members or others. This action may be taken without evicting, removing, terminating assistance to, or otherwise penalizing the victim of the violence who is also a tenant or lawful occupant. Such eviction, removal, termination of occupancy rights, or termination of assistance shall be effected in accordance with the procedures prescribed by Federal, State, and local law for the termination of leases or assistance under the housing choice voucher program. (4) Nothing in this section may be construed to limit the authority of a public housing agency, owner, or manager, when notified, to honor court orders addressing rights of access or control of the property, including civil protection orders issued to protect the victim and issued to address the distribution or possession of property among the household members in cases where a family breaks up. (5) Nothing in this section limits any otherwise available authority of an owner or manager to evict or the public housing agency to terminate assistance to a tenant for any violation of a lease not premised on the act or acts of violence in question against the tenant or a member of the tenant’s household, provided that the owner, manager, or public housing agency does not subject an individual who is or has been a victim of domestic violence, dating violence, or stalking to a more demanding standard than other tenants in determining whether to evict or terminate. (6) Nothing in this section may be construed to limit the authority of an owner or manager to evict, or the public housing agency to terminate assistance, to any tenant if the owner, manager, or public housing agency can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the property if the tenant is not evicted or terminated from assistance. (7) Nothing in this section shall be construed to supersede any provision of any Federal, State, or local law that provides greater protection than this section for victims of domestic violence, dating violence, or stalking.

Appears in 1 contract

Samples: Housing Assistance Payments Contract

Protections for Victims of Abuse. (1) Notwithstanding the provisions in Paragraph 18 above: A. An incident or incidents of actual or threatened domestic violence, dating violence, or stalking will not be construed as serious or repeated violations of this Lease by the lease victim or threatened victim of the domestic violence, dating violence, or stalking or as other “good cause” for termination of the assistanceTenant Assistance Payment, tenancy, or occupancy rights of of, or assistance to such a victim or threatened victim. (2) B. Criminal activity directly relating to abuse, engaged in by a member of a tenantTenant’s household or any guest or other person under the tenantTenant’s control, shall not be cause for termination of assistancethe Tenant Assistance Payment, tenancy, or occupancy rights if the tenant Tenant or an immediate member of the tenantTenant’s family is the victim or threatened victim of domestic violence, dating violence, or stalking. (3) C. Notwithstanding any restrictions on admission, occupancy, or terminations of occupancy or assistance, or any Federalfederal, State state or local law to the contrary, a PHA, owner or manager Landlord may “bifurcate” a leasethis Lease, or otherwise remove a household member from a leasethe Lease, without regard to whether a household member is a signatory to the leaseLease, in order to evict, remove, terminate occupancy rights, or terminate assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against family members or others. This action may be taken without evicting, removing, terminating assistance to, or otherwise penalizing the victim of the violence who is also a tenant or lawful occupant. Such eviction, removal, termination of occupancy rights, or termination of assistance shall be effected in accordance with the procedures prescribed by Federalfederal, Statestate, and local law for the termination of leases or assistance under the housing choice voucher programleases. (4) D. Nothing in this section may be construed to limit the authority of a public housing agency, owner, or managerLandlord, when notified, to honor court orders addressing rights of access or control of the propertyLeased Premises, Building, or Grounds, including civil protection orders issued to protect the victim and issued to address the distribution or possession of property among the household members in cases where a family breaks up. (5) E. Nothing in this section limits any otherwise available authority of an owner or manager Landlord to evict or the public housing agency to terminate assistance to a tenant Tenant for any violation of a lease this Lease not premised on the act or acts of violence in question against the tenant Tenant or a member of the tenantTenant’s household, provided that the owner, manager, or public housing agency does Landlord shall not subject an individual who is or has been a victim of domestic violence, dating violence, or stalking to a more demanding standard than other tenants in determining whether to evict or terminate. (6) F. Nothing in this section may shall be construed to limit the authority of an owner Landlord to evict or manager to evict, or the public housing agency to terminate assistance, assistance to any tenant if the owner, manager, or public housing agency Landlord can demonstrate an actual and imminent threat to other tenants of the Building or those employed at or providing service to the property Building or Grounds if the tenant Tenant is not evicted or terminated from assistance. G. If Tenant is a victim of (7i) family abuse as defined by Va. Code § 16.1- 228, (ii) sexual abuse as defined by § 18.2-67.10, or (iii) other criminal sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, Tenant may terminate his/her obligations under this Lease under the following circumstances: 1. The victim has obtained an order of protection pursuant to Va. Code § 16.1-279.1 and has given written notice of termination in accordance with this subsection during the period of the protective order or any extension thereof; or 2. A court has entered an order convicting a perpetrator of any crime of sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, sexual abuse as defined by § 18.2-67.10, or family abuse as defined by § 16.1-228 against the victim and the victim gives written notice of termination in accordance with this subsection. If Tenant qualifies to terminate his/her obligations under this Lease pursuant to this subsection, he/she shall do so by serving on Landlord a written notice of termination to be effective on a date stated therein, such date to be not less than 30 days after the first date on which the next rental payment is due and payable after the date on which the written notice is given. When Tenant serves the termination notice on Landlord, Tenant shall also provide Landlord with a copy of (i) the order of protection issued or (ii) the conviction order. The victim's obligations as a tenant shall continue through the effective date of the termination as provided in the written notice. Any co-tenants on the Lease with the victim shall remain responsible for the Tenant Rent for the balance of the term of the Lease. If the perpetrator is the remaining sole tenant obligated on the Lease, Landlord may terminate the Lease and collect actual damages for such termination against the perpetrator pursuant to Va. Code § 55-248.35. Nothing in this section shall be construed to supersede any provision of any Federalfederal, Statestate, or local law that provides greater protection than this section for victims of domestic violence, dating violence, or stalking. Tenant has read and agrees to abide by the terms of Landlord’s Protections for Victims of Abuse Policy set forth in Exhibit I attached to and made part of this Lease.

Appears in 1 contract

Samples: Lease Agreement

Protections for Victims of Abuse. (1) An incident or incidents of actual or threatened domestic violence, dating violence, or stalking will not be construed as serious or repeated violations of the lease or other “good cause” for termination of the assistance, tenancy, or occupancy rights of such a victim. (2) Criminal activity directly relating to abuse, engaged in by a member of a tenant’s household or any guest or other person under the tenant’s control, shall not be cause for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate member of the tenant’s family is the victim or threatened victim of domestic violence, dating violence, or stalking. (3) Notwithstanding any restrictions on admission, occupancy, or terminations of occupancy or assistance, or any Federal, State or local law to the contrary, a PHA, owner or manager may “bifurcate” a lease, or otherwise remove a household member from a lease, without regard to whether a household member is a signatory to the lease, in order to evict, remove, terminate occupancy rights, or terminate assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against family members or others. This action may be taken without evicting, removing, terminating assistance to, or otherwise penalizing the victim of the violence who is also a tenant or lawful occupant. Such eviction, removal, termination of occupancy rights, or termination of assistance shall be effected in accordance with the procedures prescribed by Federal, State, and local law for the termination of leases or assistance under the housing choice voucher program. (4) Nothing in this section may be construed to limit the authority of a public housing agency, owner, or manager, when notified, to honor court orders addressing rights of access or control of the property, including civil protection orders issued to protect the victim and issued to address the distribution or possession of property among the household members in cases where a family breaks up. (5) Nothing in this section limits any otherwise available authority of an owner or manager to evict or the public housing agency to terminate assistance to a tenant for any violation of a lease not premised on the act or acts of violence in question against the tenant or a member of the tenant’s household, provided that the owner, manager, or public housing agency does not subject an individual who is or has been a victim of domestic violence, dating violence, or stalking to a more demanding standard than other tenants in determining whether to evict or terminate.. SAMPLE (6) Nothing in this section may be construed to limit the authority of an owner or manager to evict, or the public housing agency to terminate assistance, to any tenant if the owner, manager, or public housing agency can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the property if the tenant is not evicted or terminated from assistance. (7) Nothing in this section shall be construed to supersede any provision of any Federal, State, or local law that provides greater protection than this section for victims of domestic violence, dating violence, or stalking.

Appears in 1 contract

Samples: Assisted Housing Lease Agreement

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