AGENDA #4e
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Revised Lease for the Public Housing Program
DATE: June 23, 2003
The purpose of this memorandum is to recommend a revised lease for the public housing program in a form consistent with federal requirements. The proposed lease would become effective on July 1, 2003.
The attached resolution would approve a revised lease for the public housing program.
The U. S. Department of Housing and Urban Development (HUD) requires that public housing agencies develop leases that are consistent with federal regulations. Public housing agencies are also required to periodically review their leases and make necessary revisions to reflect changes in federal regulations. Public housing agencies must also update leases to reflect the actual practices of the agency.
The lease for Chapel Hill’s public housing program was last revised in October 1997. Since 1997, there have been changes in regulations that need to be incorporated into the lease.
DISCUSSION
In accordance with the Quality Housing and Work Responsibility Act of 1998, the following requirement needs to be added to the lease for the public housing program:
● For residents choosing flat rent options, recertification of rent will be conducted every three years.
The proposed lease also includes revisions we believe are needed to clarify current language and
reflect practices of the Department of Housing.
The additional revisions we recommend including in the proposed lease are:
● No additional members to the household are allowed to live in the leased premises without advance approval from the Town. This includes, but is not limited, to parents, spouses, children, live-in aides and foster children; but excludes children born to household members. Additions to the household may be limited subject to the size of the unit; and, adults proposed for addition to the household are subject to criminal background checks. Deletions from the household shall be reported to the Town within ten calendar days.
● A leaseholder who abandons the unit or vacates a unit without notifying the Town within 15 calendar days of leaving, will not be refunded their security deposit.
● Consumption of alcoholic beverages is not allowed in the parking areas, recreational areas, or other common areas.
● Leaseholders must agree not to allow persons who have been trespassed from public housing property to visit at their apartments or be on public housing property as a guest.
● Leaseholders must agree to refrain from allowing any unauthorized person to move in or spend more than 10 nights total as a guest or visitor in their home in a calendar year without prior written permission of the Town.
● Leaseholders must agree to avoid disconnection of utility services by paying their utility bills on time.
● Leaseholders must agree to remove vehicles without a valid registration and inspection sticker from the premises. And also, to not park vehicles in right of ways or fire lanes. Unlicensed or inoperable vehicles as described above will be removed at the leaseholder’s expense.
● Vehicles are not allowed on the lawn or sidewalks.
● Leaseholders must agree not to make major repairs or alterations (including changing or adding locks to doors and windows) to their unit.
● Leaseholders must agree to take reasonable fire prevention measures including, but not limited to: not to disconnect smoke detectors/alarms, not to use gas or charcoal grills within 10 feet of buildings and not to store or keep flammable materials inside the apartment, storage building, or anywhere else on the premises.
● Leaseholders must agree to be responsible for the actions of the members of their household and their guests or visitors.
● Housekeeping Inspections: Leaseholders must agree to maintain their unit in a clean and sanitary condition. Leaseholders who fail to maintain the housekeeping standard, agree that upon reasonable advance notice (at least 2 days) a duly authorized agent or employee of the Town will be permitted to enter their apartment for the purpose of conducting housekeeping inspections in order to ensure that the leaseholder is meeting the housekeeping standard. In addition, leaseholders agree to participate in a housekeeping program, designed to support their efforts to meet the housekeeping standard. Failure to maintain the housekeeping standard is a violation of the lease and may result in the termination of the lease.
● If the leaseholder is evicted for criminal or illegal activities, the Town will notify the local post office of the fact that the leaseholder no longer resides at the apartment so that the post office will stop mail delivery. The leaseholder will then have no reason to return to the apartment.
We have attached a copy of the proposed revised lease for public housing (please see Attachment
1). The proposed revisions are in bold print.
Review by Residents of Public Housing
As required by federal regulations, public housing residents were given an opportunity to review and comment on the proposed revised lease. The proposed revised lease was distributed to all public housing residences on May 5, 2003. In addition, Housing staff reviewed the proposed revised lease with residents of public housing at the May 14, 2003 meeting of the Residents’ Council. The deadline for receipt of comments was June 6, 2003. No comments were received.
CONCLUSION
Following consideration by the Council, the revised lease for the public housing program would
become effective on July 1, 2003.
RECOMMENDATIONS
Housing and Community Development Advisory Board’s Recommendation: The Housing and Community Development Advisory Board reviewed the proposed lease for the public housing program on May 27, 2003. The members of the Board voted 5 to 0 to recommend that the proposed lease be approved.
Manager’s Recommendation: That the Council adopt the attached resolution approving revisions to the lease for the public housing program.
ATTACHMENTS
1. Proposed Lease for the Public Housing Program (p. 6).
A RESOLUTION APPROVING REVISIONS TO THE LEASE FOR THE PUBLIC HOUSING PROGRAM (2003-06-23/R-6)
WHEREAS, the U. S. Department of Housing and Urban Development encourages and sometimes requires periodic revisions to the public housing leases; and
WHEREAS, revisions to the lease for Chapel Hill’s public housing program are necessary;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council amends the lease for the public housing program as follows:
1. Amend Section 2 by adding the following:
No additional household members are allowed without advance approval from the Town. This includes, but is not limited to, parents, spouses, children, live-in aides and foster children; but excludes children born to household members. Additions to the household are subject to the size of the unit and, for adults, criminal background checks. Deletions from the household shall be reported to the Town within ten calendar days.
2. Amend Section 3 by adding the following:
If you abandon the unit or vacate the unit without notifying the Town within 15 calendar days of leaving, the security deposit will not be refunded to you.
3. Amend Section 5 by adding the following:
For residents choosing the Flat Rent Option, recertification of rent will be conducted every three years.
4. Amend Section 9 paragraph G by adding the following:
Consumption of alcoholic beverages is not allowed in the parking areas, recreation areas, or other common areas.
5. Amend Section 9 by adding the following paragraphs:
H. Not to allow persons who have been trespassed from public housing property to visit at your apartment or be on public housing property as your guest.
I. To refrain from allowing any person not named in Paragraph 2 of this lease to move in with you or spend more than 10 nights total as a guest or visitor in your home in any calendar year without the prior written permission of the Town.
P. To promptly pay utility bills to avoid disconnection of utility services.
S. To remove from the premises any vehicle without a valid registration and inspection sticker. To refrain from parking any vehicle in any right of way or fire lane. Any unlicensed or inoperable vehicle as described above will be removed at tenant’s expense.
T. Amend paragraph T by adding: Vehicles are not allowed on lawns or sidewalks.
W. Amend paragraph W by adding: including changing or adding locks to doors and windows.
Z. To take reasonable fire prevention measures including but not limited to: Not to disconnect smoke detectors/alarms, not to use gas or charcoal grills within 10 feet of buildings and not to store or keep flammable materials inside the apartment, storage buildings, or anywhere on the premises.
BB To be responsible for the actions of the members of your household and your guests or visitors.
6. Amend Section 10 by adding the following paragraph:
D. Housekeeping Inspections: You agree to maintain the unit in a clean and sanitary condition. If you fail to maintain this housekeeping standard, you agree that upon reasonable advance notice (at least 2 days) a duly authorized agent or employee of the Town will be permitted to enter the apartment for the purpose of conducting housekeeping inspections in order to ensure that you are meeting the housekeeping standard. In addition, you agree to participate in a housekeeping program, designed to support your efforts to satisfy the housekeeping standard. Failure to maintain the housekeeping standard is a violation of your lease and may result in the termination of your lease.
7. Add Section 14 as follows:
14. NOTIFICATION OF POST OFFICE
If you are evicted for criminal or illegal activities, the Town will notify the local post office of the fact that you are no longer residing at the apartment so that the post office will stop mail delivery. You will then have no reason to return to the apartment.
BE IT FURTHER RESOLVED that the Council hereby authorizes the Town Manager to regularly review the lease for the public housing program and make necessary and required revisions in accordance with federal regulations.
This the 23rd day of June, 2003.
NORTH CAROLINA Account _____________
Bedroom Size ___________
ORANGE COUNTY Security Deposit $_________
THIS LEASE is made this ______ day of __________, 20__ by and between the Town of Chapel Hill, called "Town" and _______________ called you.
The Town agrees to rent to you upon the terms and conditions set forth below, unit, located at ________________________________________, Chapel Hill/Carrboro, North Carolina.
1. PERIOD OF LEASE AND RENT
This Lease begins upon occupancy and continues for the remainder of the calendar month of occupancy and successive terms of one calendar month unless terminated in accordance with paragraph 13 of this lease. The term of the lease shall be for one year and shall be renewable during the recertification period. Rent for the period beginning ______________, and ending at midnight ___________________________ is $________ Then, monthly rent is $_______ per month. Rent (and other charges, for example maintenance) is due the first day of each month, and is past due on the fifth day of the month (unless the fifth day of the month is a Saturday, Sunday, or Holiday). You will be considered in default if you pay after the 5th day of the month. You will be subject to termination proceedings following the 14th day after the Notice of Termination is mailed, if the rent or other charges have not been paid. If termination proceedings are started, you will be required to pay the current prevailing court costs. The number of termination proceedings (defined as making the court list) in a fiscal year (July 1 to June 30) will be limited to two. After a third termination proceeding, the Town will not accept payment of rent due or court costs. Under such circumstances you and Town hereby agree that this lease shall terminate and that North Carolina General Statue Sec. 42‑33 shall not limit the Town's right to seek rent, court costs, and possession of the premises.
2. MEMBERS OF THE HOUSEHOLD
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Revised 6/03
No additional household members are allowed without advance approval from the Town. This includes, but is not limited to, parents, spouses, children, live-in aides and foster children; but excludes children born to household members. Additions to the household are subject to the size of the unit and, for adults, criminal background checks. Deletions from the household shall be reported to the Town within ten calendar days.
3. SECURITY DEPOSIT
Before taking possession of the unit, you agree to pay the Town the greater of the sum of one month rental payment or $100.00. The deposit may not be used to pay rent or other charges while you are occupying the unit. If you vacate or abandon the unit, or if this Lease is terminated by the Town, the security deposit may be used to pay rent, damages, or other charges. If you abandon the unit or vacate the unit without notifying the Town within 15 calendar days of leaving, the security deposit will not be refunded to you. The security deposit plus interest will be returned to you upon vacating the unit, provided:
1. All rent, and other charges are paid
2. The unit and its equipment are left clean
3. There is no damage to the unit or its equipment beyond normal wear and use
4. The keys to the unit are returned to the Town
4. UTILITIES
The Town agrees to furnish utilities, as follows:
|
NC46 – 1 |
Lindsay Street, & Craig/Gomains |
NONE |
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NC46 - 2 |
North Columbia Street |
NONE |
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NC46 - 3 |
Trinity Court |
WATER |
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NC46 - 4 |
South Estes Drive |
WATER |
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NC46 - 5 |
Pritchard Park, South Roberson & Airport Gardens |
WATER |
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NC46 - 6 |
Colony Woods West |
NONE |
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NC46 - 7 |
Eastwood and Caldwell Street |
WATER |
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NC46 - 9 |
Oakwood |
NONE |
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NC46-10 |
Rainbow Heights |
NONE |
You must have all utilities for which you are responsible turned on in your own name prior to
moving in. The Town will not pay for utilities that are your responsibility. If utility service
is discontinued, the lease will be terminated and you must vacate the unit.
5. RECERTIFICATION
You agree that all changes in income coming into your household will be reported to the Town within ten working days of change. In addition to other requirements of this lease once every year when requested by the Town, you agree to furnish accurate information regarding family composition, employment, income and expenses (such as child care), for use by the Town in determining if the rental should be changed, and if the unit size is still appropriate for your needs.
6. RENT CHANGES
A. Rent remains the same until formal redetermination or recertification, which ever applies, unless it is determined by the Town that you have misrepresented the facts upon which your rent was based, in which event any rent adjustment shall be made retroactive to the date of the misrepresentation. Upon determination by the Town, you shall pay any retroactive rent and the recalculated rent payment shall be due and payable on the next regular monthly billing period, and you shall waive any required notification period.
B. You will be notified in writing of any rent adjustment. The notice will state the effective date of the adjustment. In the event of a rent decrease, the adjustment will become effective on the first day of the month following the reported change in circumstances provided you have reported the change within ten working days of the date of the change. Increases in the rent will be effective the first day of the second month following the change.
7. SIZE OF APARTMENT and SPECIAL FEATURES
Admissions and Continued Occupancy Policy.
If the Town determines that the size of the unit is no longer appropriate to your needs, the Town will notify you in writing, that you will first be required to move to another unit within the neighborhood where you live, if available; or to any other unit that the Town has available that is appropriate to meet your needs. If you believe the size of the unit is no longer appropriate, you should request a transfer to an appropriate size unit.
C. If a handicap accessible unit is made available to you and you are not a disabled tenant, you agree to be transferred upon availability to a regular unit so that the handicap accessible unit can be made available to a disabled applicant or tenant.
8. TOWN AGREES:
A. To maintain the buildings of the neighborhood in a decent, safe, and sanitary condition in accordance with the requirements of local housing codes and applicable regulations or guidelines of the U.S. Department of Housing and Urban Development. The Town will maintain the electrical, plumbing, heating and ventilation systems in a good and safe condition.
B. If conditions become hazardous to life, health and safety the Town will offer temporary accommodations until repairs are made and you shall not be charged for rent during that period. Defects hazardous to life include, but are not limited to: leakage of gas, severe plumbing problems, and exposed electrical wires.
C. To keep common grounds and areas in a clean and safe condition.
D. To provide and maintain receptacles for the deposit of garbage, rubbish, and other waste; however, the Town shall not be required to furnish individual receptacles for each unit.
E. To provide pest control services on a scheduled basis.
F. Not to interfere directly or indirectly with your right of free speech, to organize, or to seek resolution of grievances.
9. YOU AGREE:
A. Not to sublease the unit, or rent the unit or any part of it to someone else.
B. To use the unit solely for residential purposes unless you get written approval from the Town for business or commercial purposes.
C. Not to provide accommodations for boarders or lodgers.
D. That you, your family members who occupy the unit with you, and your guests, will not cause or allow the unit buildings, and common areas, to be used for any unlawful purpose or in any manner which shall create a disturbance or nuisance to other tenants.
E. That you, your family members who occupy the unit with you, and your guests, will refrain from activity which impairs the physical or social environment of the public housing neighborhood.
F. That you, and any member of your household, or guests, shall not engage in any drug or other illegal or criminal activity in your unit or within the common area of the neighborhood, and further that you or any member of your household shall not engage in any illegal drug related criminal activity no matter where the location.
G. That you, your family members who occupy the unit with you, and your guests, shall not engage in alcohol abuse that the Town determines interferes with the health, safety, or right to peaceful enjoyment of the neighborhood by other residents. Consumption of alcoholic beverages is not allowed in the parking areas, recreation areas, or other common areas.
H. Not to allow persons who have been trespassed from public housing property to visit at your apartment or be on public housing property as your guest.
I. To refrain from allowing any person not named in Paragraph 2 of this lease to move in with you or spend more than 10 nights total as a guest or visitor in your home in any calendar year without the prior written permission of the Town.
AA.To make apartment available to allow Town to provide pest control services provided
that the Town gives you reasonable notice. This includes removing items from cabinets,
drawers, shelves etc.
BB.To be responsible for the actions of the members of your household and your guests
or visitors.
10. INSPECTIONS
A. Move-in Inspection: When you move in your apartment the Town shall inspect your apartment and put a written statement of the condition of the unit and the equipment in your file. You and/or your representative must sign such inspection report, indicating agreement by you and Town regarding condition.
B. Move-out Inspection: When you vacate the unit, the Town shall inspect the unit and furnish you with a written statement of charges that you are responsible within 30 days. You and/or your representative must participate in the inspection unless you move out without notice to the Town. If you move out without notice to the Town, the Town shall mail a notice of inspection and final charges to you at your last known address. Any right to a grievance hearing about final charges shall be waived if you move without notice.
C. Routine Inspections: You agree that upon reasonable advance notice, the duly authorized agent or, employee of the Town will be permitted to enter the unit for the purpose of performing routine inspections, pest control services and repairs. A written statement specifying the purpose of entry shall be delivered to the premises at least two days before such entry shall be considered reasonable advance notice. Routine inspections will be performed in your unit at least five times per year to determine needed maintenance repairs. You will be responsible for cost of repairs not due to normal wear and tear. Written notice will not be required for maintenance requested by you. The Town shall have the right to enter the unit without notice if the Town believes that an emergency exists, which requires such entrance. If you and all adult members of your household are absent at time of entry, the Town shall leave on the premises a written statement specifying the date, time, and purpose of entry.
D. Housekeeping Inspections: You agree to maintain the unit in a clean and sanitary condition. If you fail to maintain this housekeeping standard, you agree that upon reasonable advance notice (at least 2 days) a duly authorized agent or employee of the Town will be permitted to enter the apartment for the purpose of conducting housekeeping inspections in order to ensure that you are meeting the housekeeping standard. In addition, you agree to participate in a housekeeping program, designed to support your efforts to satisfy the housekeeping standard. Failure to maintain the housekeeping standard is a violation of your lease and will result in the termination of your lease.
Regular exterior inspections will be made of your unit to determine if the outside is maintained in a clean and safe condition. The inspection will also determine if there is any trash or debris around the outside of the unit. (Trash and debris include items that have been thrown out by you or others such as broken furniture, boxes, paper, bricks, tires, bottles, food, cans, or anything that you do not intend to use). Failure to remove trash or debris after receipt of two notices from the Town shall result in the termination of your lease.
11. LEGAL NOTICES:
Any notice required hereunder will be sufficient if delivered in writing to you personally, or to an adult member of your household, or if sent by prepaid First Class Mail properly addressed to you. Notice to the Town must be in writing, addressed to the Director of Housing, and delivered to a Town employee at the Department of Housing office, or sent by prepaid First Class Mail properly addressed.
12. POSTED NOTICES:
Rules and regulations which are required to be incorporated in the Lease are publicly posted in the Department of Housing office. These rules and regulations may be modified from time to time by the Town provided that the Town shall give you at least thirty days written notice of the proposed modifications, and providing you an opportunity to present your written comments which shall be taken into consideration by the Town prior to the proposed modifications becoming effective.
13. TERMINATION OF LEASE:
A. This Lease may be terminated by you at any time by giving fifteen calendar days written notice either delivered to the Town in person or sent by prepaid First Class Mail.
B. This Lease may be terminated by the Town at any time by giving written notice, not less than 30 days prior to termination except for nonpayment of rent which shall be terminated in accordance with Section 1 of this Lease. Such notice may only be given for good cause, including but not limited to the following:
· physical or verbal abuse and threats of violence to Town staff and other tenants,
· non‑payment of rent and/or other charges
· refusal to relocate in accordance with Section 7
· drug related criminal activity on or off the premises
· alcohol abuse that interferes with the health, safety, or right to peaceful enjoyment of the neighborhood by other residents
· serious or repeated involvement in criminal or illegal drug related activity
· serious or repeated damage to the premises or unit
· creation of physical hazards, or violation of regulations put into effect by the Town for the benefit and well being of the housing neighborhood and the other tenants.
· allowing persons not named on the lease to move in with you or spend more than 10 nights, in a calendar year.
Notice by either party to this lease may be given on any business day of the month. If the Town should elect to terminate this Lease, you shall be informed in writing, by a duly authorized representative of the Town, the reasons for the termination, and shall be given an opportunity to reply.
You must be informed of:
1. The specific reasons for the proposed termination and the alleged facts upon which it
is based; and,
2. The right to request a hearing upon the proposed termination in the manner provided
in Section 15 of the Lease.
3. The right to examine documents.
14. NOTIFICATION OF POST OFFICE
If you are evicted for criminal or illegal activities, the Town will notify the local post office of the fact that you are no longer residing at the apartment so that the post office will stop mail delivery. You will then have no reason to return to the apartment.
15. GRIEVANCE PROCEDURE:
All grievances or appeals arising under this Lease shall be processed and resolved pursuant to the grievance procedure of the Town which is in effect at the time such appeal. A copy of the grievance procedure is posted in the Department of Housing Office. Notification of changes shall be forwarded to you in accordance to Section 12 hereof.
16. CHANGES:
This Lease, together with any adjustments of rent, unit, or family composition, evidences the entire agreement between the Town and You.
17. CONTRACT RESPONSIBILITY:
This contract is between you and the Town of Chapel Hill. In no instance will the Town be responsible for pursuing collection of rent, or other charges from anyone other than you or a representative who has signed this Lease.
IN WITNESS WHEREOF the parties have executed this Lease, this the ______ day of
______________________, 20_____, at Chapel Hill, North Carolina
TOWN OF CHAPEL HILL
BY:______________________________ _________________________________
(Head of Household)
TITLE:___________________________ _________________________________
(Spouse)
Adopted by the Town Council of the Town of Chapel Hill