Termination of the Lease. In terminating the Lease, the following procedures shall be followed by the Housing Authority and the Tenant: a. This Lease may be terminated only for serious or repeated violations of material terms of the Lease, such as failure to make payments due under the Lease or to fulfill Tenant obligations set forth in this Lease, or for other good cause. Such serious or repeated violation of terms shall include, but not be limited to, the following: (1) The failure to pay rent or other payments when due. (2) Repeated late payment, which shall be defined as failure to pay the amount of rent or other charges due by the 5th calendar day of each month. Four (4) such late payments within the past twelve (12) month period shall constitute a repeated late payment. (3) Failure to pay utility bills when Tenant is responsible for paying such bills directly to the supplier of utilities. (4) Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any development site. (5) Criminal activity by Xxxxxx, household member, guest, or other person under Xxxxxx's control, including criminal activity that threatens the health, safety or right to peaceful enjoyment of Housing Authority's public housing Premises by other Tenants, or any drug- related criminal activity. The Housing Authority may evict the tenant by judicial action for criminal activity in accordance with this section if the PHA determines that the covered person has engaged in the criminal activity, regardless of whether the covered person has been arrested or convicted for such activity and without satisfying the standard of proof used for a criminal conviction. (6) Offensive weapons or illegal drugs seized in a Housing Authority unit by a law enforcement officer. (7) Any fire on Housing Authority Premises caused by carelessness or unattended cooking. (8) Repeated violation of the Housing Authority of the County of San Joaquin’s Barring and Trespassing Policy. “Repeated” shall mean two (2) or more instances within the preceding twelve (12) month period.
Appears in 1 contract
Samples: Resident Dwelling Lease Agreement
Termination of the Lease. In terminating the Lease, the following procedures shall be followed by the Housing Authority and the Tenant:
a. (a) This Lease may be terminated prior to its expiration date only for serious or repeated violations of material terms of the Lease, such as failure to make payments due under the Lease lease or to fulfill Tenant obligations set forth in this LeaseSection IX above, or for other good cause. Such serious or repeated violation of terms shall include, include but not be limited to, the following:
(1) The failure to pay rent or other payments when due.
(2) Repeated late payment, which shall be defined as failure to pay the amount of rent or other charges due by on the 5th calendar day designated date will be used in consideration of each month. Four (4) such late payments within the past twelve (12) month period shall constitute a repeated late paymentexecution of rent re- payments.
(3) Failure to pay utility bills when Tenant is responsible for paying such bills directly to the supplier of utilities.
(4) Discovery after admission of facts that made the tenant ineligible.
(5) Discovery of materially false statements, misrepresentation, or fraud by the tenant in connection with an application for assistance or with reexamination of income or family composition.
(6) Failure to supply, in a timely fashion, any certification, release, information, or documentation on Family income or composition needed to process annual reexaminations or interim re- determinations.
(7) Refusal to accept and execute an amendment, lease revision or written rider to the lease after the Housing Authority provides at least 60 day notice of the proposed effect of the amendment, lease revision or written rider and provides the tenant a reasonable time to respond to the offer to accept and execute the amendment, lease revision or written rider;
(8) Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any development project site.
(59) Criminal or other activity by Xxxxxxa member of the household that threatens the health or safety of other public housing tenants employees of the Housing Authority, household membercontractors or their employees, guestanyone with permission or of persons residing in the immediate vicinity of the premises; or
(10) If Tenant, member of the household, guest or any other person under Xxxxxx's control’s control has engaged in any drug-related criminal activity on or off the premises, including criminal activity cases where:
A. Xxxxxx, member of the household or guest has engaged in drug trafficking; or
B. Tenant, household member or guest has engaged in illegal drug use (including cases where the Housing Authority determines that threatens illegal drug use or a pattern of illegal drug use by a household member may threaten the health, safety or right to peaceful enjoyment of Housing Authority's public housing Premises the premises by other Tenantsresidents);
(11) If a member of the household is:
A. Fleeing to avoid prosecution, or any drug- related criminal activity. The Housing Authority may evict the tenant by judicial action for criminal activity in accordance with this section if the PHA determines that the covered person has engaged in the criminal activitycustody or confinement after conviction, regardless of whether the covered person has been arrested or convicted for such activity and without satisfying the standard of proof used for a criminal convictioncrime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees; or
B. Violating a condition of probation or parole imposed under Federal or State law.
C. Harboring a fugitive.
(612) Offensive Illegal weapons or illegal drugs seized in a Housing Authority unit by a law enforcement officer.
(713) Any fire on Housing Authority Premises premises caused by carelessness the tenant, household members or unattended cookingguests’ neglect.
(8) Repeated violation 14) Continued noncompliance of the community service requirement, on the part of any non- exempt adult resident: Continued noncompliance is defined as the 12-month period after the head of household and noncompliant non-exempt adult have signed an agreement that the noncompliant non-exempt adult shall cure the noncompliance by making up the community service hours in the subsequent 12 months. This continued noncompliance will result in eviction of the entire family unless the noncompliant family member is no longer part of the household.
(15) The second incident (in a one-year period) of disconnecting the batteries in or removing any smoke detector in the dwelling unit or damaging sprinkler system.
(b) The Housing Authority shall terminate assistance permanently for persons convicted of manufacturing or producing methamphetamine on the County of San Joaquinpremises. "Premises" is the building or complex in which the dwelling unit is located, including common areas and grounds. Also included in the permanent terminated assistance are those placed on a sex offender’s Barring and Trespassing Policy. “Repeated” shall mean two (2) or more instances within the preceding twelve (12) month periodregistrar.
Appears in 1 contract
Samples: Residential Lease Agreement
Termination of the Lease. In terminating the Lease, the following procedures shall be followed by the Housing Authority ACHA and the Tenant:
a. a) This Lease may be terminated only for serious or repeated violations of material terms of the Lease, such as failure to make payments due under the Lease lease or to fulfill Tenant obligations set forth in this LeaseSection 9 above, or for other good cause. Such serious or repeated violation of terms shall include, include but not be limited to, the following:
(1) i. The failure to pay rent or other payments when due.;
(2) ii. Repeated late payment, which shall be defined as failure to pay the amount of rent or other charges due by in accordance with the 5th calendar day lease. Any tenant served with a notice for non-payment of each month. Four rent three (43) such late payments within the past times in succession or six (6) times during a twelve (12) month period shall constitute a repeated late payment.payment and as such shall be subject to a lease termination;
(3) iii. Failure to pay utility bills when Tenant is responsible for paying such bills directly to the supplier of utilities;
iv. Misrepresentation of family income, assets, or composition;
v. Failure to supply, in a timely fashion, any certification, release, information, or docu- mentation on Family income or composition needed to process annual reexaminations or interim redeterminations.
(4) vi. Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any development site.;
(5) vii. Criminal activity by XxxxxxTenant, household member, guest, or other person under XxxxxxTenant's control, including criminal activity that threatens the health, safety or right to peaceful enjoyment of Housing AuthorityACHA's public housing Premises premises by other Tenantsresidents, or any drug- drug-related criminal activity. The Housing Authority may evict the tenant by judicial action for criminal activity in accordance with this section if the PHA determines that the covered person has engaged in the criminal activity, regardless of whether the covered person has been arrested or convicted for such activity and without satisfying the standard of proof used for a criminal conviction.
(6) Offensive weapons viii. Weapons or illegal drugs seized in a Housing Authority ACHA unit by a law enforcement officer.;
(7) ix. Any fire on Housing Authority Premises ACHA premises caused by carelessness or unattended cooking.
(8) Repeated x. Fail to act, and cause household members or guests to act in a manner that will not disturb other residents' peaceful enjoyment of their accommodations; and/or be conducive to maintaining all ACHA developments in a decent, safe, and sanitary condition
xi. Any violation of the Housing Authority terms of the County lease.
b) ACHA shall give written notice of San Joaquin’s Barring and Trespassing Policy. “Repeated” shall mean two (2) or more instances within the preceding twelve (12) month period.proposed termination of the Lease of:
Appears in 1 contract
Samples: Residential Lease Agreement
Termination of the Lease. In terminating the Lease, the following procedures shall be followed by the Housing The Authority and the may terminate this Lease for Tenant:
a. This Lease may be terminated only for ’s serious or repeated violations of material terms the provisions of the Lease, such as failure to make payments due under the Lease or to fulfill Tenant obligations set forth in this Lease, or for other good cause. Such serious or repeated violation violations of terms shall include, include but not be limited to, the following:
(1) a. The failure to pay rent or other payments when due.
(2) b. Repeated late paymentpayment of rent or other charges, which shall be defined as failure to pay the amount of rent or other charges due by the 5th calendar day of each month. Four three (43) such late payments times within the past any twelve (12) month period shall constitute a repeated late paymentperiod.
(3) c. Misrepresentation of family income, assets, or composition in the Tenant’s initial application for tenancy or in an interim or annual status examination.
d. Failure to pay utility bills when Tenant is responsible for paying such bills directly provide, in a timely fashion, any certification, release, information or documentation on family income or composition needed to the supplier of utilitiesprocess annual re-examination or interim redetermination.
(4) e. Serious or repeated damage to the dwelling unitPremises, and/or appliances, equipment or property supplied at or about the premises by the Authority, creation of physical hazards in the unitPremises, common areas, grounds, or parking areas of any development project site.
(5) Criminal f. Any activity by Xxxxxx, household memberHousehold Member, guest, or other person under Xxxxxx's ’s control, including criminal activity, that threatens the health, safety or right to peaceful enjoyment of the Authority’s public housing premises by other residents or employees, placement on a state sex offender list, or any drug-related criminal activity.
g. Possession of weapons or controlled substances in violation of any federal, state or local law in or about the premises by Xxxxxx, a Household Member, guest or invitee of the Tenant.
h. Any fire on Authority premises caused by the Tenant, Household Members or guests’ actions or neglect.
i. Failure to comply with Section IV of this Lease.
j. Failure to accept the Authority’s offer of a lease revision to this Lease; the Authority shall provide notice of the offer of the revision at least 60 calendar days before the Lease revision is scheduled to take effect and the offer shall specify a reasonable time limit within which the Tenant must accept the offer.
k. Upon the death of the Tenant, or if there is more than one Tenant, upon the death of all Tenants, either the Authority or the personal representative of the Tenant’s estate may terminate this Lease upon 30 days written notice, to be effective on the last day of a calendar month. If full notice is not given, the Tenant’s estate shall be liable for rent to the end of the notice period or to the date the unit is re-rented, whichever date comes first. The termination of the Lease under this section shall not relieve the Tenant’s estate from liability either for payment of rent or other amounts owed prior to or during the notice-period, or for the payment of amounts necessary to restore the premises to its condition at the beginning of the Tenant’s occupancy, normal wear and tear excepted. The Authority shall give written notice of termination of this Lease of:
a. Fourteen (14) days in the case of failure to pay rent;
b. a reasonable time, considering the seriousness of the situation (but not to exceed 30 days), if;
1. The health or safety of other residents, Authority employees, or persons residing in the immediate vicinity of the premises is threatened; or
2. Any member of the household has engaged in any drug-related criminal activity or violent criminal activity; or
3. Any member of the household has been convicted of a felony.
c. Thirty (30) days in all other cases, unless a shorter notice period is allowed by law. The notice of termination shall state the reason(s) for the termination; shall inform the tenant of the right to reply; of the Tenant’s right prior to hearing to examine any relevant Authority documents directly related to the eviction or termination and of the Tenant’s right to request a hearing in accordance with the Authority’s grievance procedures. In the event of a lease termination involving:
1. Any criminal activity that threatens the health, safety or right to peaceful enjoyment of Housing the premises of other residents or employees of the Authority's public housing Premises by other Tenants, ; or
2. Any violent or drug-related criminal activity on or off the premises; or
3. Any criminal activity that results in a felony conviction of the Tenant or any drug- related criminal activityhousehold member. Tenant shall not have, and shall not be informed of, the right to request a grievance hearing. At the expiration or termination of this Lease, the Authority shall dispose of any personal property left at the Premises as provided by state law. The Housing acceptance of rental payments by the Authority may evict shall not constitute a waiver of conditions or of any defaults under the terms of this Lease. Tenant shall remain responsible for payment of rent through the date that a Court-issued Writ of Possession is enforced or a minimum of thirty days after tenant provides notice of termination or the date that an out-inspection occurs. In the event that Xxxxxx has paid rent for any period beyond the date of an enforcement of a writ of possession or the date of an out-inspection or the end of the 30 intent to vacate notice, the Authority shall refund any such amount pro rata and the acceptance of said funds by judicial action for criminal activity in accordance with this section if the PHA determines that Authority shall not entitle Tenant to any additional period of occupancy or possession of the covered person premises beyond said date. The Authority will consider the Premises to be abandoned when a Tenant has engaged defaulted in the criminal payment of rent and failed to cure within applicable grace periods, and has clearly indicated by words and actions an intention to terminate this Lease and occupancy of Premises. The Tenant acknowledges and agrees that such activity, regardless of whether including but not limited to situations in which the covered person has been arrested or convicted for such activity Tenant’s property is removed from the Premises and without satisfying the standard of proof used for Premises appears vacant, shall constitute a criminal conviction.
(6) Offensive weapons or illegal drugs seized in a Housing Authority unit by a law enforcement officer.
(7) Any fire on Housing Authority Premises caused by carelessness or unattended cooking.
(8) Repeated violation termination of the Housing Authority Lease by the Tenant, and a surrender of the County of San Joaquin’s Barring and Trespassing Policy. “Repeated” shall mean two (2) or more instances within Premises to the preceding twelve (12) month periodAuthority.
Appears in 1 contract
Samples: Dwelling Lease
Termination of the Lease. In terminating the Lease, the following procedures shall be followed by the Housing Authority and the TenantResident:
a. A. This Lease may be terminated only for serious or repeated violations of material terms of the Lease, such as or failure to make payments due under the Lease or to fulfill Tenant Resident obligations set forth in this LeaseSection IX and other terms and conditions herein, or for other good cause. Such serious or repeated violation violations of terms shall include, include but not be limited to, the following:
(1) . The failure to pay rent or other payments charges in addition to rent when due.;
(2) . Repeated late payment, which shall be defined as failure to pay the amount of rent or other charges (i.e.: maintenance charges) due by the 5th calendar fifth working day of each the month. Four (4) such late payments within the past twelve (a 12) -month period shall constitute a repeated late payment.;
(3) . Failure to pay utility bills when Tenant Resident is responsible for paying such bills directly to the supplier of utilities.; or causing the utilities to be shut off for non- payment;
(4) . Intentional misrepresentation of household income, assets, qualification for deductions, or composition;
5. Failure to supply, in a timely fashion, any certification, release, information, or documentation on household income, deductions or composition needed to process an annual recertification, a special recertification or an interim re- determination;
6. Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any development site.site and/or failure to report incidents of property damage;
7. Repeated lease violations such as, but not limited to, allowing unauthorized persons to live in the unit, allowing guests to be unescorted in common areas of the high-rise and mid-rise buildings or defacing the property. Up to three (53) Criminal notices shall constitute repeated lease violations;
8. Drug related criminal activity engaged in on or off the premises by Xxxxxxany resident, member of the resident’s household member, or guest, or and any such activity engaged in on the premises by any other person under Xxxxxx's the resident’s control. Additionally, including criminal activity the WHA may evict a family when it is determined that threatens a household member is illegally using a drug or when the WHA determines that a pattern of illegal use of a drug interferes with the health, safety safety, or right to peaceful enjoyment of Housing Authority's public housing Premises the premises by other Tenantsresidents and WHA staff;
9. A resident fleeing to avoid prosecution, custody or confinement after conviction for a crime, or any drug- related criminal activitythe attempt to commit a crime that is a felony under the laws of Delaware or the State to which the individual flees; or violating a condition of probation or parole imposed under Federal or State law.
10. The Housing Authority may evict the tenant by judicial action for criminal activity in accordance with this section if the PHA determines that the covered person has engaged in the Committing criminal activity, regardless of whether the covered person has been arrested or convicted for such activity and without satisfying the standard of proof used for a criminal conviction.conviction;Criminal activity by Resident, household member, guest, or other person under Resident's control, including criminal activity that threatens the health, safety or right to peaceful enjoyment of WHA's public housing premises by other residents, or any drug related criminal activity on or off the premises, and alcohol abuse that interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents;
(6) Offensive weapons 11. Deadly weapons, dangerous instruments or illegal drugs or drug paraphernalia seized in a Housing Authority unit on or off WHA property by a law enforcement officer., or employee, agent or representative of WHA;
(7) 12. Any fire on Housing Authority Premises premises caused by carelessness carelessness, failure to supervise children or inattentive/unattended cooking.. Up to three (3) incidents of inattentive/unattended cooking will result in lease termination;
(8) Repeated violation 13. Failure of a family member to comply with the Community Service Requirement will result in ineligibility for continued occupancy and termination of residency at the end of the Housing Authority second twelve month base term (see Admissions and Continued Occupancy Policy);
14. Discovery of material false statements or fraud by the County of San Joaquin’s Barring resident in connection with application for assistance or with recertification;
15. Repeated yard citations for failing to keep yard and Trespassing Policyarea around dwelling unit clean and failing to have WHA approved receptacles for trash and garbage storage. “Repeated” Up to three (3) such notices shall mean two (2) or more instances within the preceding twelve (12) month period.constitute repeated lease violations;
Appears in 1 contract
Samples: Residential Lease Agreement
Termination of the Lease. In terminating the Lease, the following procedures shall be followed by the Housing Authority MHA and the Tenant:
a. : This Lease may be terminated only for serious or repeated violations of material terms of the Lease, such as failure to make payments due under the Lease lease or to fulfill Tenant obligations set forth in this Leasesection VIII above, or for other good cause. .
(a) Such serious or repeated violation of terms shall include, include but not be limited to, the following:
(1) The failure to pay rent or other payments when due.;
(2) Repeated late payment, which shall be defined as failure to pay the amount of rent or other charges due by the 5th calendar fifth business day of each month. Four (4) such late payments within the past twelve (a 12) -month period shall constitute a repeated late payment.;
(3) Failure to pay utility bills when Tenant is responsible for paying such bills directly to the supplier of utilities. If utilities are disconnected due to nonpayment, the resident has 24 hours to restore services;
(4) Misrepresentation of family income, assets, or composition;
(5) Failure to supply, in a timely fashion, any certification, release, information, or documentation on Family income or composition needed to process annual reexaminations or interim redeterminations.
(46) Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any development project site.;
(57) Criminal activity by Xxxxxx, household member, guest, or other person under Xxxxxx's control, including criminal activity that threatens the health, safety or right to peaceful enjoyment of Housing AuthorityMHA's public housing Premises premises by other Tenantsresidents or employees, or any drug- drug-related criminal activity. The Housing Authority may evict activity on or off the tenant by judicial action for criminal activity in accordance with this section if the PHA determines that the covered person has engaged in the criminal activity, regardless of whether the covered person has been arrested or convicted for such activity and without satisfying the standard of proof used for a criminal convictionpremises.
(68) Alcohol abuse that MHA determines interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents.
(9) Offensive weapons Weapons or illegal drugs seized in a Housing an Authority unit by a law enforcement officer.;
(7b) Any fire on Housing Authority Premises premises caused by carelessness the tenant, household members or unattended cookingguests’ actions or neglect.
(8) Repeated violation c) MHA shall give written notice of the Housing Authority proposed termination of the County Lease of:
(1) 14 days in the case of San Joaquin’s Barring and Trespassing Policy. “Repeated” shall mean two failure to pay rent;
(2) 3 days, considering the seriousness of the situation when the health or more instances safety of other tenants or Authority staff is threatened;
(3) 30 days in any other case.
(d) The notice of termination:
(1) The notice of termination to Tenant shall state specific reasons for the termination, shall inform Xxxxxx of his/her right to make such reply as he/she may wish, and of Tenant's right to examine Authority documents directly relevant to the termination or eviction.
(2) When MHA is required to offer Tenant the opportunity for a grievance hearing, the notice shall also inform Tenant of the right to request such a hearing in accordance with MHA's grievance procedures. Any notice to vacate (or quit) which is required by State or local law may be combined with, or run concurrently, with the notice of lease termination under this section. The Notice to Vacate must be in writing and specify that if Tenant fails to quit the premises within the preceding twelve applicable statutory period, appropriate action will be brought against Tenant, and Tenant may be required to pay the costs of court and attorney's fees.
(123) month periodWhen MHA is required to offer Tenant the opportunity for a grievance hearing under MHA's grievance procedure for a grievance concerning the lease termination, the tenancy shall not terminate (even if any Notice to Vacate under State of local law has expired) until the period to request a hearing has expired, or (if a hearing is requested) the grievance process has been completed.
(4) When MHA is not required to offer Tenant the opportunity for a hearing under the grievance procedure and MHA has decided to exclude such grievance from Authority grievance procedure, the notice of lease termination shall (a) state that Tenant is not entitled to a grievance hearing on the termination; (b) specify the judicial eviction procedure to be used by MHA for eviction and state that HUD has determined that this eviction procedure provides the opportunity for a hearing in a court that contains the basic elements of due process as defined in HUD regulations; and (c) state whether the eviction is for a criminal activity that threatens health or safety of residents or staff or for drug-related criminal activity.
(5) MHA may evict a Tenant from the unit either by bringing a court action; or as an alternative, MHA may evict by bringing an administrative action if law of the jurisdiction permits eviction by administrative action, after a due process administrative hearing, and without a court determination of the rights and liabilities of the parties. In order to evict without bringing a court action, MHA must afford the Tenant the opportunity for a pre-eviction hearing in accordance with the PHA grievance procedure. The hearing notice will advise persons with disabilities of their rights to request a reasonable accommodation.
(e) Tenant may terminate this Lease at any time by giving 30 days written notice as described in Section XII, above.
(f) In deciding to evict for criminal activity, MHA shall have discretion to consider all of the circumstances of the case, including the seriousness of the offense, the extent of participation by or awareness of family members, and the effects that the eviction would have both on family members not involved in the proscribed activity and on the family's neighbors. In appropriate cases, MHA may permit continued occupancy by remaining family members and may impose a condition that family members who engaged in the proscribed activity will neither reside in nor visit the unit. MHA may require a family member who has engaged in the illegal use of drugs to present credible evidence of successful completion of a treatment program as a condition to being allowed to reside in the unit.
(g) When MHA evicts a tenant from a dwelling unit for criminal activity, MHA shall notify the local post office serving that dwelling unit that such individual or family is no longer residing in the unit so the post office will stop mail delivery for such persons, and they will have no reason to return to the unit.
Appears in 1 contract
Samples: Residential Lease Agreement
Termination of the Lease. In terminating the Lease, the following procedures shall be followed by the Housing Authority and the Tenant:
a. a) This Lease may be terminated only for serious or repeated violations of material terms I of the Lease, such as failure to make payments due under the Lease lease or to fulfill Tenant obligations set forth in this LeaseSection IX above, or for other good cause. Such serious or repeated violation of terms shall include, include but not be limited to, the followingto :
(1) . The failure to pay rent or other charges/payments when due.;
(2) . Repeated late payment, which shall be defined as failure to pay the amount of rent or other charges due by the 5th calendar day of each the month. Four (4) such late payments within the past twelve (12) month period shall constitute a repeated late payment.
(3) . Failure to pay utility bills when Tenant is responsible for paying such bills directly to the supplier of utilities.;
(4) . Discovery after admission of facts that made the Tenant ineligible;
5. Discovery of material false statements or fraud by the Tenant in connection with an application for assistance or with re-examination of income or family composition;
6. Failure to supply, in a timely fashion, any certification, release, information or documentation on family income or composition needed to process annual re- examinations or interim re-determination
7. Refusal to accept and execute an amendment, lease revision or written rider to the lease after the Authority provides at least 30 days notice of the proposed effect of the amendment, lease revision or written rider and provides the Tenant a reasonable time to respond to the offer to accept and execute the amendment, lease revision or written rider;
8. Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any development community site.;
(5) 9. Criminal or other activity by Xxxxxxa member of the household that threatens the health or safety of other public housing residents or of person residing in the immediate vicinity of the premises;
10. Any activity by a member of the household that threatens the health or safety of PHA management staff, household member, guestother resident or employees, or other person under Xxxxxx's controlany drug related criminal activity on or off the premises;
11. If any resident, member of the household or guest has engaged in any drug related criminal activity on or off the premises, including criminal activity cases where:
i) A resident, member of household or guest has engage in drug trafficking; or
ii) a resident, member of household or guest has engaged in illegal drug use (including cases where the Authority determines that threatens illegal drug use or a pattern of illegal drug use by a household member may threaten the health, safety or right to peaceful enjoyment of Housing Authority's public housing Premises the premises by other Tenants, or residents);
12. If any drug- related criminal activity. The Housing Authority may evict person under the tenant by judicial action for criminal activity in accordance with this section if the PHA determines that the covered person resident’s control has engaged in drug trafficking or illegal drug use on the criminal activitypremises;
13. If a member of the household is:
i) Fleeing to avoid prosecution, regardless of whether the covered person has been arrested or convicted for such activity and without satisfying the standard of proof used custody or confinement after conviction, for a criminal convictioncrime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees; or
ii) Violating a condition of probation or parole imposed under Federal or State law.
(6) Offensive weapons 14. Weapons or illegal drugs seized in a Housing an Authority unit by a law enforcement officer.;
(7) 15. Any fire on Housing Authority Premises premises caused by carelessness the Tenant, household members or unattended cookingguests; neglect
16. Continued compliance of the community service requirement, on the part of any non-exempt adult resident.
(8) Repeated violation i) Continued non-compliance is defined as the 12 month period after the head of household and noncompliant non-exempt adult shall cure the noncompliance by making up the community service hours in the subsequent 12 months
ii) This continued non-compliance will result in eviction of the Housing Authority entire family, unless the non-compliant family member is no longer part of the County household
17. The third incident (in a one year period) of San Joaquin’s Barring and Trespassing Policydisconnecting the batteries in or removing any smoke detector in the dwelling unit.
b) The Authority shall terminate assistance PERMANENTLY for persons convicted of manufacturing or producing methamphetamine on the premises. “RepeatedPremises” shall mean two (2) is the building or more instances within complex in which the preceding twelve (12) month perioddwelling unit is located including common areas and grounds.
Appears in 1 contract
Samples: Residential Lease Agreement