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80A - JOINT - LOAN AGMT AMCAL
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80A - JOINT - LOAN AGMT AMCAL
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2/2/2017 4:09:44 PM
Creation date
2/2/2017 3:55:17 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80A
Date
2/7/2017
Destruction Year
2022
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ethnic and gender groups in the housing market area to the units. Owner, the Agency shall <br />cooperate to effectuate this provision prior to the initial renting, or upon occurrence of a vacancy, <br />and the re- renting of any Restricted Units. <br />B. Owner, its successors and assigns, shall not refuse to lease a unit to a holder of a rental <br />voucher under 24 CFR part 887 (Housing Choice Voucher Program) or to a holder of a <br />comparable document evidencing participation in a federally funded tenant -based assistance <br />program because of the status of the prospective tenant as a holder of such certificate of family <br />participation, rental voucher, or comparable tenant -based assistance document. <br />C. Any lease of any of the Units must be for not less than one year, unless by mutual agreement <br />between the tenant and the Owner. Should the tenant and Owner agree to a term of less than one <br />year, said agreement shall be expressed in some type of written form, signed by the tenant, and <br />maintained in the tenant's rental file held by the Owner. The lease may not contain any of the <br />following provisions (in which references to "Owner" shall mean the Owner, its successors or <br />assigns): <br />(a) Agreement by the tenant to be sued, to admit guilt, or to a judgment in <br />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 personal <br />property of household members without notice to the tenant and a court decision on the rights of <br />the parties. This prohibition, however, does not apply to an agreement by the tenant concerning <br />disposition of personal property remaining in the housing Unit after the tenant has moved out of <br />the Unit. The owner may dispose of this personal property in accordance with state law; <br />(e) Agreement by the tenant not to hold the owner or the owner's agent legally <br />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 without <br />notice to the tenant; <br />(e) Agreement by the tenant that the owner may evict the tenant or household <br />members without instituting a civil court proceeding in which the tenant has the opportunity to <br />present a defense, or before a court decision on the rights of the 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 even if <br />the tenant wins in a court proceeding by the owner against the tenant. The tenant, however, may <br />be obligated to pay costs if the tenant loses. <br />D. Owner, its successors or assigns, must adhere to state law requirements with regard to <br />termination of tenancy. <br />80A -183 <br />
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