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80A - JOINT - AMEND NSP
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80A - JOINT - AMEND NSP
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Last modified
9/16/2013 8:54:33 AM
Creation date
9/12/2013 5:48:44 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80A
Date
9/16/2013
Destruction Year
2018
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family participation, rental voucher, or comparable HOME tenant-based assistance <br />document. Total rents charged to such tenants, including the tenant contribution and <br />rental assistance, shall not exceed the allowable rents as described above. <br />C. Any lease of any of the Units must be for not less than one year, unless by mutual <br />agreement between the tenant and the Owner. Should the tenant and Owner agree to a <br />term of less than one year, said agreement shall be expressed in some type of written <br />form, signed by the tenant, and maintained in the tenant's rental file held by the Owner. <br />The lease may not contain any of the following provisions (in which references to <br />"Owner" shall mean the Owner, its successors or assigns): <br />(a) Agreement by the tenant to be sued, to admit guilt, or to a <br />judgment in favor of the owner in a lawsuit brought in connection with the lease; <br />(b) Agreement by the tenant that the owner may take, hold, or sell <br />personal property of household members without notice to the tenant and a court decision <br />on the rights of the parties. This prohibition, however, does not apply to an agreement by <br />the tenant concerning disposition of personal property remaining in the housing Unit after <br />the tenant has moved out of the Unit. The owner may dispose of this personal property in <br />accordance with state law; <br />(c) Agreement by the tenant not to hold the owner or the owner's agent <br />legally responsible for any action or failure to act, whether intentional or negligent; <br />(d) Agreement of the tenant that the owner may institute a lawsuit <br />without notice to the tenant; <br />(e) Agreement by the tenant that the owner may evict the tenant or <br />household members without instituting a civil court proceeding in which the tenant has <br />the opportunity to present a defense, or before a court decision on the rights of the <br />parties; <br />(f) Agreement by the tenant to waive any right to a trial by jury; <br />(g) Agreement by the tenant to waive the tenant's right to appeal, or to <br />otherwise challenge in court, a court decision in connection with the lease; and <br />(h) Agreement by the tenant to pay attorney's fees or other legal costs <br />even if the tenant wins in a court proceeding by the owner against the tenant. The tenant, <br />however, may be obligated to pay costs if the tenant loses. <br />D. Owner, its successors or assigns, must adhere to state law requirements with regard to <br />termination of tenancy. <br />E. Owner shall maintain the improvements on the Property in compliance with all <br />applicable housing quality standards [24CFR 92.504 (c)(6)] and state and local code <br />requirements and shall keep the Property free from any unreasonable accumulation of <br />53 <br />80A-109
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